[Congressional Record Volume 168, Number 21 (Wednesday, February 2, 2022)]
[House]
[Pages H358-H899]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
BIOECONOMY RESEARCH AND DEVELOPMENT ACT OF 2021
Ms. JOHNSON of Texas. Mr. Speaker, pursuant to House Resolution 900,
I call up the bill (H.R. 4521) to provide for a coordinated Federal
research initiative to ensure continued United States leadership in
engineering biology, and ask for its immediate consideration in the
House.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Pursuant to House Resolution 900, in lieu of
the amendment in the nature of a substitute recommended by the
Committee on Science, Space, and Technology, printed in the bill, an
amendment in the nature of a substitute consisting of the text of Rules
Committee Print 117-31, modified by the amendment printed in part C of
House Report 117-241 is adopted and the bill, as amended, is considered
read.
The text of the bill, as amended, is as follows:
H.R. 4521
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``America Creating
Opportunities for Manufacturing, Pre-Eminence in Technology,
and Economic Strength Act of 2022'' or the ``America COMPETES
Act of 2022''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
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.
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.
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.
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.
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.
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. Signature authority.
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Part 3--Department of Energy Modernization
Sec. 10632. Office of technology transitions.
Sec. 10633. Management of 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.
Subtitle D--Regional Innovation
Sec. 10641. Regional Innovation Capacity.
Sec. 10642. Regional Clean Energy Innovation Program.
Sec. 10643. Critical technology and innovation analytics program.
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.
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.
TITLE II--CONSUMER PROTECTION AND COMMERCE
Subtitle A--Supply Chain Resilience
Sec. 20201. Supply chain resilience and crisis response office.
Sec. 20202. United states strategy to counter threats to supply chains.
Sec. 20203. Critical supply chain monitoring program.
Sec. 20204. Critical supply chain 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. Definitions.
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.
TITLE III--ENERGY
Sec. 20301. Strategic transformer reserve and resilience program.
Sec. 20302. Solar component manufacturing supply chain assistance.
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.
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.
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. Strategy on deterrence of 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.
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.
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.
Sec. 30217. Ensuring United States diplomatic posts align with American
strategic national security and economic objectives.
Sec. 30218. Authorization of appropriations for the Fulbright-Hays
Program.
Sec. 30219. Supporting independent media and countering disinformation.
Sec. 30219A. Global Engagement Center.
Sec. 30219B. Report on origins of the COVID-19 pandemic.
Sec. 30219C. Extension of Asia Reassurance Initiative Act of 2018.
Sec. 30219D. China Watcher Program.
Sec. 30219E. Liu Xiaobo Fund for Study of the Chinese Language.
Sec. 30219F. Oversight of funds made available through the American
Rescue Plan Act of 2021.
Sec. 30219G. Requirements relating to vaccine branding.
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 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. 30224. Report on capability development of Indo-Pacific allies and
partners.
Sec. 30225. Statement of policy regarding the threat posed by the
Chinese Communist Party to the North Atlantic Treaty
Organization.
Sec. 30226. Identification of PLA-supported institutions.
Subtitle C--Multilateral Strategies to Bolster American Power
Sec. 30231. Findings on multilateral engagement.
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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.
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. Strategy to strengthen economic competitiveness,
governance, human rights, and the rule of law in Latin
America and the Caribbean.
Sec. 30246. Engagement in international organizations and the defense
sector in Latin America and the Caribbean.
Sec. 30247. Defense cooperation in Latin America and the Caribbean.
Sec. 30248. Engagement with civil society in Latin America and the
Caribbean regarding accountability, human rights, and the
risks of pervasive surveillance technologies.
Sec. 30249. Caribbean energy initiative as alternative to China's Belt
and Road Initiative.
Sec. 30250. United States-Caribbean Resilience Partnership.
Sec. 30251. Countering China's educational and cultural diplomacy in
Latin America.
Sec. 30252. Narcotics trafficking in Latin America and the Caribbean.
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.
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.
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.
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.
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.
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 black carbon, methane,
and high-GWP hydrofluorocarbons.
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.
DIVISION E--COMMITTEE ON OVERSIGHT AND REFORM
Sec. 40101. Federal Rotational Cyber Workforce Program.
Sec. 40102. AI in counterterrorism oversight enhancement.
DIVISION F--COMMITTEE ON HOMELAND SECURITY
Sec. 50101. Homeland procurement reform.
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Sec. 50102. DHS software supply chain risk management.
Sec. 50103. Department of Homeland Security Mentor-Protege Program.
Sec. 50104. Unmanned aerial security.
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.
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.
TITLE XI--MISCELLANEOUS
Sec. 71101. Law enforcement attache deployment.
Sec. 71102. Lacey Act amendments.
Sec. 71103. Shark fin sales elimination.
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.
TITLE III--IMMIGRATION PROVISIONS
Sec. 80301. W visas.
Sec. 80302. Start-up entities; nonimmigrant entrepreneurs and
employees.
Sec. 80303. Doctoral stem graduates.
Sec. 80304. Conforming amendments.
Sec. 80305. Rulemaking.
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.
TITLE IV--IMPACT ACT
Sec. 90401. Telecommunications workforce training grant program.
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.
[[Page H362]]
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 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. 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. Repeal of 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.
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.
[[Page H363]]
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. Tetravinyltetramethyl cyclotetrasiloxane.
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.
[[Page H364]]
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.
[[Page H365]]
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)silylmethylcar-bamate-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.
[[Page H366]]
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.
[[Page H367]]
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.
[[Page H368]]
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.
[[Page H369]]
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.
[[Page H370]]
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.
DIVISION A--CREATING HELPFUL INCENTIVES TO PRODUCE SEMICONDUCTORS
(CHIPS) FOR AMERICA FUND
SEC. 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 ac
counts 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
[[Page H371]]
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
[[Page H372]]
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.
SEC. 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
(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''; and
(4) 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; and
``(5) 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 by adding at the end the following:
[[Page H373]]
``(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:
``SEC. 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.''.
DIVISION B--RESEARCH AND INNOVATION
TITLE I--DEPARTMENT OF ENERGY SCIENCE FOR THE FUTURE
SEC. 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.''.
SEC. 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
[[Page H374]]
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
[[Page H375]]
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.''.
SEC. 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
[[Page H376]]
``(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.''.
(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.
[[Page H377]]
``(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.''.
SEC. 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.
[[Page H378]]
``(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:
``SEC. 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.
``SEC. 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
[[Page H379]]
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.''.
SEC. 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) $50,000,000 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 (D), by striking ``; and'' and
inserting a semicolon;
(C) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(D) by adding at the end the following:
``(F) $45,000,000 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
[[Page H380]]
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) $1,095,707,000 for fiscal year 2023;
``(4) $1,129,368,490 for fiscal year 2024;
``(5) $1,149,042,284 for fiscal year 2025; and
``(6) $1,243,097,244 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.''.
SEC. 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.
[[Page H381]]
``(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 shall be made available 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.''.
SEC. 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
1033-34cm-2s-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.''.
SEC. 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:
``SEC. 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.''.
SEC. 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
[[Page H382]]
by adding after section 310 as added by this title, the
following:
``SEC. 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.''.
SEC. 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, as appropriate.
``(d) 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.
``(e) 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.''.
SEC. 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:
``SEC. 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):
``SEC. 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, 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.
``SEC. 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 minority-serving institutions, non-Research
I universities, 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.''.
SEC. 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:
``SEC. 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
[[Page H383]]
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.
``SEC. 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.
``SEC. 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.
``SEC. 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) $9,451,015,300 for fiscal year 2023;
``(3) $10,160,677,621 for fiscal year 2024;
``(4) $10,693,625,004 for fiscal year 2025; and
``(5) $11,145,798,345 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.
[[Page H384]]
``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.''.
SEC. 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.
SEC. 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.
TITLE II--NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY FOR THE FUTURE
ACT OF 2021
SEC. 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 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.
Subtitle A--Appropriations
SEC. 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;
(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); and
(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 to 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 to 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
[[Page H385]]
of Standards and Technology Act (15 U.S.C. 278s).
Subtitle B--Measurement Research
SEC. 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.
SEC. 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 and the Administrator of the Environmental
Protection Agency, 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.
(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; and
(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.
(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.
(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
State, Tribal, territorial, and local officials, 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.
SEC. 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;''.
[[Page H386]]
SEC. 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.
SEC. 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:
``SEC. 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;
``(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.
``(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.''.
SEC. 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.
SEC. 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.''.
SEC. 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''.
SEC. 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
[[Page H387]]
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.
SEC. 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:
``SEC. 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, and agility; and
``(F) other activities as deemed necessary by the Director.
SEC. 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.
SEC. 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;''.
SEC. 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; and
(5) developing and publishing cybersecurity tools,
encryption methods, and best practices for artificial
intelligence and data science.
(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.
SEC. 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.
SEC. 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.
Subtitle C--General Activities
SEC. 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
[[Page H388]]
(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.''.
SEC. 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;''.
SEC. 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).
SEC. 10244. HIRING CRITICAL TECHNICAL EXPERTS.
Section 6 of the National Institute of Standards and
Technology Act is amended to read as follows:
``SEC. 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.''.
SEC. 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.
[[Page H389]]
(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.
SEC. 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.
SEC. 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 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).
SEC. 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.
Subtitle D--Hollings Manufacturing Extension Partnership
SEC. 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:
``SEC. 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.
[[Page H390]]
``(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 sections 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.''.
SEC. 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''.
SEC. 10253. NATIONAL SUPPLY CHAIN DATABASE.
(a) Establishment of National Supply Chain Database.--The
Director shall establish and maintain a National Supply Chain
Database.
(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 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) 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.
[[Page H391]]
(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.
(g) Authorization of Appropriations.--Of the funds
authorized to the Hollings Manufacturing Extension
Partnership Program, $10,000,000 for each of the fiscal years
2022 through 2026 are authorized to carry out this title.
SEC. 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!.''.
TITLE III--NATIONAL SCIENCE FOUNDATION FOR THE FUTURE
SEC. 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.
SEC. 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).
SEC. 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 be 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.
[[Page H392]]
(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 shall be 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.
SEC. 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
[[Page H393]]
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.
(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
[[Page H394]]
(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:
``SEC. 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
[[Page H395]]
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.
SEC. 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--
[[Page H396]]
``(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
[[Page H397]]
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.--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.
(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 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.
(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 $100,000,000 for each of
fiscal years 2022 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.
SEC. 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.
[[Page H398]]
(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
[[Page H399]]
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
[[Page H400]]
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;
(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) 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.
[[Page H401]]
(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.
SEC. 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
[[Page H402]]
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.
SEC. 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-
[[Page H403]]
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) 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.
(i) 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
[[Page H404]]
under this subsection $40 million for each of fiscal years
2022 through 2026.''.
(j) 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.
(k) 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.
(l) 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.
(m) 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.
(n) 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.
(o) 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.
SEC. 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.
TITLE IV--BIOECONOMY RESEARCH AND DEVELOPMENT
SEC. 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.
SEC. 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.
[[Page H405]]
(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.
SEC. 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 biomanufacturing testbeds, 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.
SEC. 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
[[Page H406]]
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. House of
Representatives and the Committee on Commerce, Science, and
Transportation and the Committee on Agriculure, 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.
SEC. 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 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.
SEC. 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 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.
SEC. 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) establish a bioscience research program to advance the
development of standard reference materials and measurements
and to create new data tools, techniques, and processes
necessary to advance engineering biology and
biomanufacturing;
(B) 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
(C) 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
[[Page H407]]
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 and biomaterials, through the Agricultural Research
Service, the National Institute of Food and Agricultural
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.
SEC. 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.
TITLE V--BROADENING PARTICIPATION IN SCIENCE
Subtitle A--STEM Opportunities
SEC. 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.
SEC. 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
[[Page H408]]
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.
SEC. 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.
SEC. 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).
SEC. 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.
SEC. 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).
SEC. 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
[[Page H409]]
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.
SEC. 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.
SEC. 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--
[[Page H410]]
``(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.''.
SEC. 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
[[Page H411]]
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).
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
Subtitle B--Rural STEM Education Research
SEC. 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.
SEC. 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
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.
SEC. 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:
``SEC. 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.''.
SEC. 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
[[Page H412]]
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.
SEC. 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.
SEC. 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''.
SEC. 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;
and
(x) 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
[[Page H413]]
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.
SEC. 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.
SEC. 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).
Subtitle C--MSI STEM Achievement
SEC. 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.
SEC. 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.
SEC. 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
[[Page H414]]
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,
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.
SEC. 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;
(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.
SEC. 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).
Subtitle D--Combating Sexual Harassment in Science
SEC. 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;
[[Page H415]]
(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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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; and
(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
[[Page H416]]
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; and
(2) broadly disseminate such policies to current and
potential recipients of research grants, cooperative
agreements, or contracts awarded by such agency.
(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.
SEC. 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.
SEC. 10548. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Director to
carry out this subtitle, $17,500,000.
TITLE VI--MISCELLANEOUS SCIENCE AND TECHNOLOGY PROVISIONS
Subtitle A--Supporting Early-Career Researchers
SEC. 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.
SEC. 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.
SEC. 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.
Subtitle B--National Science and Technology Strategy
SEC. 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:
``SEC. 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.
[[Page H417]]
``(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.''.
SEC. 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:
``SEC. 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) 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
``(9) 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.''.
Subtitle C--Energizing Technology Transfer
SEC. 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.
PART 1--NATIONAL CLEAN ENERGY TECHNOLOGY TRANSFER PROGRAMS
SEC. 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;
(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.
SEC. 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
[[Page H418]]
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.
SEC. 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.
PART 2--SUPPORTING TECHNOLOGY DEVELOPMENT AT THE NATIONAL LABORATORIES
SEC. 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).''.
SEC. 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.
SEC. 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, 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.
[[Page H419]]
``(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''.
SEC. 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.
SEC. 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.
PART 3--DEPARTMENT OF ENERGY MODERNIZATION
SEC. 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.''.
SEC. 10633. MANAGEMENT OF DEMONSTRATION PROJECTS.
(a) Management of Department of Energy Demonstration
Projects.--The Secretary, shall establish a program to
conduct project management and oversight of demonstration
projects that receive or are eligible to receive funding from
the Department, in coordination with relevant staff from
Department program offices, including the Office of
Technology Transitions, the Loan Program Office, and all
applied program offices. The purposes of this program are
to--
(1) conduct evaluation of demonstration project proposals
prior to selection of a project for funding;
(2) conduct independent oversight of the execution of a
demonstration project once funding has been awarded for such
project; and
(3) ensure a balanced portfolio of investments in clean
energy technology demonstration projects.
(b) Demonstration Project Management Employees.--
(1) Authority.--In carrying out the program under
subsection (a), the Under Secretary for Science shall appoint
at least 4 full time employees to achieve the purposes of the
program outlined in subsection (a) in coordination with
relevant staff at Department program offices.
(2) Hiring authority.--To carry out the program authorized
in this section, the Under Secretary for Science may hire
personnel using the authorities in section 10636 of this
subtitle.
(c) Duties.--In carrying out the program in subsection (a),
employees under this section shall work with relevant staff
from Department program offices to--
(1) evaluate demonstration project proposals, including the
scope, technical specifications, maturity of design, funding
profile, estimated costs, proposed schedule, proposed
technical and financial milestones, and potential for
commercial success based on economic and policy projections;
(2) develop independent cost estimates of demonstration
project proposals, when appropriate;
(3) recommend to the director of a program office whether
to fund a demonstration project proposal;
(4) oversee the execution of the demonstration projects
that receive funding from the Department under this section
and conduct reviews of ongoing projects, which may include
reconciling estimated costs as compared to actual costs and
evaluating progress of the project based on the proposed
schedule and technical and financial milestones, and provide
such reviews to the Secretary; and
(5) assess lessons learned and implement improvements to
evaluate and oversee demonstration projects carried out under
this section.
(d) Additional Authority.--The Secretary may carry out and
manage demonstration projects directly through the program
established in subsection (a).
(e) Project Termination.--Should an ongoing demonstration
project receive an unfavorable review under subsection
(c)(4), the director of a Department program office or their
designee may cease funding the demonstration project and
reallocate the remaining funds to new or existing
demonstration projects carried out by that program office.
(f) Coordination.--In establishing and carrying out the
program, the Secretary shall coordinate with project
management and acquisition management entities within the
Department, including the Office of Project Management, and
relevant professional organizations in project management,
construction, cost estimation, and other relevant fields.
(g) Reporting.--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 the authority granted under this section,
including--
(1) a summary of any demonstration projects currently being
carried out under this section; and
(2) the reviews under subsection (c)(4) of any ongoing
demonstration projects carried out under this section.
(h) Evaluation by Comptroller General.--Not later than 3
years after the date of the enactment of this Act 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 established under
this section, including--
(1) the processes and procedures used to evaluate
demonstration project proposals and oversee demonstration
projects that receive funding under this section;
(2) any recommended changes to the program, including the
structure and the processes and procedures used to evaluate
and oversee demonstration projects that receive funding under
this section; and
(3) any recommended changes to the structure of this
program to improve the success in meeting the program
purposes under subsection (a).
SEC. 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).
SEC. 10635. COST-SHARE WAIVER EXTENSION.
(a) In General.--Section 988 of the Energy Policy Act of
2005 (42 U.S.C. 16352) is amended
[[Page H420]]
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 Energizing Technology Transfer Act''.
SEC. 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.
SEC. 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.''.
Subtitle D--Regional Innovation
SEC. 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:
``SEC. 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 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).
``(11) 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)).
``(12) 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).
``(13) 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, 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 domestic job creation and broad-based
economic growth; and
``(v) to improve the pace of market readiness, industry
maturation, and overall commercialization 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 or
innovation sectors;
``(D) labor organizations or workforce training
organizations, which may include State and
[[Page H421]]
local workforce development boards as established under
section 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 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; and
``(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 and minority-serving
institutions.
``(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
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, and testing.
``(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 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.
[[Page H422]]
``(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 and innovation sector 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
[[Page H423]]
``(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.
SEC. 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:
``SEC. 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 seciton 2 of the Energy
Policy Act of 2005 (42 2 U.S.C. 15801).
``(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).
[[Page H424]]
``(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.''.
SEC. 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.);
[[Page H425]]
(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.
Subtitle E--Malign Foreign Talent Recruitment Program Prohibition
SEC. 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.
Subtitle F--Microelectronics Research for Energy Innovation
SEC. 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) 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)).
(5) 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).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(7) 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).
(8) 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).
(9) 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).
SEC. 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
[[Page H426]]
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.
SEC. 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; and
(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.
(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.
SEC. 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.
[[Page H427]]
(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.
SEC. 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.
DIVISION C--ENERGY AND COMMERCE
TITLE I--COMMUNICATIONS AND TECHNOLOGY
SEC. 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.''.
SEC. 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;
[[Page H428]]
(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.
SEC. 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, and 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.
SEC. 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,
[[Page H429]]
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.
SEC. 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).
SEC. 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:
``SEC. 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.
SEC. 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
[[Page H430]]
(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.
SEC. 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).
SEC. 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).
TITLE II--CONSUMER PROTECTION AND COMMERCE
Subtitle A--Supply Chain Resilience
SEC. 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 a
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
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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.
SEC. 20202. UNITED STATES STRATEGY TO COUNTER THREATS TO
SUPPLY CHAINS.
(a) In General.--In accordance with Executive Order 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.
SEC. 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.
(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
[[Page H432]]
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 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 and
semiconductors, 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; and
(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.
(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.
(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.
[[Page H433]]
(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.
SEC. 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).
[[Page H434]]
(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
[[Page H435]]
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; and
(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.
(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.
SEC. 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.
(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.
SEC. 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
[[Page H436]]
$5,000,000 for fiscal years 2022 through 2027, to remain
available until expended, to carry out subsection (a).
SEC. 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.
SEC. 20208. 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; or
(B) 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,
[[Page H437]]
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.
(G) Biotechnology, medical technology, genomics, and
synthetic biology.
(H) Data storage, data management, distributed ledger
technologies, and cybersecurity, including biometrics.
(I) 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)).
(J) 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.
Subtitle B--Strengthening Consumer Protections, Tourism, and
Manufacturing
SEC. 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.
[[Page H438]]
(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.
(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.
SEC. 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).
SEC. 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.
[[Page H439]]
(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
[[Page H440]]
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.
TITLE III--ENERGY
SEC. 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 Stated Code.
(f) 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)).
(3) 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).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 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
[[Page H441]]
(2) retooling, retrofitting, or expanding existing
facilities that 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.
(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, facilities that use forced labor.
(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) 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.
[[Page H442]]
(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.
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.
(a) In General.--Section 3016 of the 21st Century Cures Act
(21 U.S.C. 399h) is amended to read as follows:
``SEC. 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
[[Page H443]]
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.''.
SEC. 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''.
SEC. 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''.
SEC. 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 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.''.
Subtitle B--Strengthening America's Strategic National Stockpile
SEC. 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.''.
SEC. 20412. EQUIPMENT MAINTENANCE.
Section 319F-2 of the Public Health Service Act (42 U.S.C.
247d-6b) is amended--
[[Page H444]]
(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.''.
SEC. 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; 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.''.
SEC. 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).
SEC. 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:
``SEC. 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.''.
SEC. 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.
SEC. 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;
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(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.
SEC. 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''.
DIVISION D--COMMITTEE ON FOREIGN AFFAIRS
SEC. 30000. SHORT TITLE.
(a) Short Title.--This division may be cited as the
``Ensuring American Global Leadership and Engagement Act'' or
the ``EAGLE Act''.
SEC. 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.
SEC. 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
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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.
SEC. 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, and freedom from coercion;
(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;
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(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.
SEC. 30004. SENSE OF CONGRESS.
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.
SEC. 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.
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.
(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).
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(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.
SEC. 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.
Subtitle B--Global Infrastructure and Energy Development
SEC. 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.
SEC. 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).
SEC. 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 of 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;
[[Page H449]]
(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.
SEC. 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.
SEC. 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.
Subtitle C--Economic Diplomacy and Leadership
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 30124. STRATEGY ON DETERRENCE OF ECONOMIC COERCION.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a whole-of-government
strategy to deter Chinese economic coercion against third
countries that includes the following:
[[Page H450]]
(1) An explanation of the means available to the United
States, with the cooperation of allies, to enable a country
with a smaller economy to withstand such coercion.
(2) A description of the role that the Secretary of State,
acting through the Under Secretary of State for Public
Diplomacy and Public Affairs, will play in the imposition of
reputational costs on the PRC for conducting economic
coercion.
(3) Role clarity for the Secretary of State, the
Administrator of the United States Agency for International
Development, the Secretary of Defense, the head of each
element of the intelligence community (as such term is
defined by section 3 of the National Security Act of 1947 (50
U.S.C. 3003)), the Secretary of the Treasury, the Secretary
of Commerce, the United States Trade Representative, and the
United States International Development Finance Corporation
in implementing such strategy.
(b) Update.--Not later than 2 years after the date of the
submission of the strategy under subsection (a), and every 2
years thereafter for 8 years, the President shall submit to
the appropriate congressional committees an assessment of the
implementation and effectiveness of the strategy, lessons
learned from the past year, and planned changes to the
strategy.
(c) Form.--The strategy and update required by subsections
(a) and (b), respectively, shall be submitted in classified
form with an unclassified summary.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs, the Committee on
Energy and Commerce, the Committee on Ways and Means, the
Committee on Oversight and Reform, and the Permanent Select
Committee on Intelligence of the House of Representatives;
and
(2) the Committee on Foreign Relations, the Committee on
Commerce, Science, and Transportation, the Committee on
Banking, Housing, and Urban Affairs, the Committee on
Homeland Security and Governmental Affairs, and the Select
Committee on Intelligence of the Senate.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.''.
Subtitle D--Financial Diplomacy and Leadership
SEC. 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.
SEC. 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--
[[Page H451]]
(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.
SEC. 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.
SEC. 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.
TITLE II--INVESTING IN ALLIANCES AND PARTNERSHIPS
Subtitle A--Strategic and Diplomatic Matters
SEC. 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.
SEC. 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;
[[Page H452]]
(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.
SEC. 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.
SEC. 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--
[[Page H453]]
(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.
SEC. 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.
SEC. 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
[[Page H454]]
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.
SEC. 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.
SEC. 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.
SEC. 30209. TAIWAN DIPLOMATIC REVIEW.
(a) Findings.--Congress finds the following:
[[Page H455]]
(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, D.C., the Taiwan Representative Office in the
United States, and its subsidiary offices in the United
States, accordingly.
SEC. 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, Sao Tome 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:
[[Page H456]]
(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-a-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.
SEC. 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
[[Page H457]]
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.
SEC. 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.
[[Page H458]]
(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,
[[Page H459]]
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.
SEC. 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.
SEC. 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; and
(4) an assessment of the intersection between illicit
fentanyl trafficking originating in China and counterfeit
medicines and medical supplies in the United States.
(b) Form of Report.--The report required under subsection
(a) shall be submitted in unclassified form with a classified
annex.
SEC. 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:
[[Page H460]]
``(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.
SEC. 30216. EXPANDING INVESTMENT BY UNITED STATES
INTERNATIONAL DEVELOPMENT FINANCE CORPORATION
FOR VACCINE MANUFACTURING.
(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 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, therapeutics and 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 and to achieve the
goal of manufacturing 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.
SEC. 30217. 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 Sao Tome
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.
SEC. 30218. AUTHORIZATION OF APPROPRIATIONS FOR THE
FULBRIGHT-HAYS PROGRAM.
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)).
SEC. 30219. 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.
SEC. 30219A. 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.
SEC. 30219B. 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
[[Page H461]]
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'';
(6) 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
(7) 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.
SEC. 30219C. 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''.
SEC. 30219D. 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.
SEC. 30219E. 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;
[[Page H462]]
(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)).
SEC. 30219F. 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).
SEC. 30219G. 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.
Subtitle B--International Security Matters
SEC. 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.
SEC. 30222. ADDITIONAL FUNDING FOR INTERNATIONAL MILITARY
EDUCATION AND TRAINING IN THE INDO-PACIFIC.
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).
SEC. 30223. 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-a-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.
SEC. 30224. 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
[[Page H463]]
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.
SEC. 30225. 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.
SEC. 30226. 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.
Subtitle C--Multilateral Strategies to Bolster American Power
SEC. 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.
SEC. 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.
SEC. 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;
[[Page H464]]
(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.
SEC. 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.
SEC. 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.
Subtitle D--Regional Strategies to Bolster American Power
SEC. 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 beyond with respect to its
response to COVID-19.
PART 1--WESTERN HEMISPHERE
SEC. 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.
SEC. 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.
SEC. 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, 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
[[Page H465]]
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.
SEC. 30245. 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;
(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;
(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 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.
SEC. 30246. 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.
SEC. 30247. 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).
SEC. 30248. 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); and
(9) identify local resources to support the preponderance
of activities that would be carried out under this
subsection.
[[Page H466]]
SEC. 30249. 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 Pena 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.
SEC. 30250. 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.
[[Page H467]]
(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.
SEC. 30251. 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.
SEC. 30252. NARCOTICS TRAFFICKING IN LATIN AMERICA AND THE
CARIBBEAN.
It is the sense of Congress that--
[[Page H468]]
(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.
PART 2--TRANSATLANTIC RELATIONSHIPS
SEC. 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.
SEC. 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).
SEC. 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
[[Page H469]]
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.
SEC. 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).
PART 3--SOUTH AND CENTRAL ASIA
SEC. 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.
SEC. 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).
SEC. 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;
[[Page H470]]
(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.
PART 4--AFRICA
SEC. 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.
SEC. 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.
SEC. 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
[[Page H471]]
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.
SEC. 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; and
(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
enhance leadership skills, encourage entrepreneurship,
strengthen public administration and the role of civil
society, and connect young African leaders continentally and
globally across the private, civic, and public sectors.
(b) Young African Leaders Initiative Program.--
(1) In general.--There is established in the Department of
State the Young African Leaders Initiative (``YALI'')
program.
(2) Purpose.--The YALI program 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, and public administration; and
(B) provide increased economic and technical assistance to
young African leaders to promote economic growth and
strengthen ties between United States and African businesses.
(3) Fellowships.--The YALI program shall award fellowships
under the Mandela Washington Fellowship for Young African
Leaders program to young African leaders ages 18 to 35 who
have demonstrated strong capabilities in entrepreneurship,
innovation, public service, and leadership, and who have had
a positive impact in their communities, organizations, or
institutions.
(4) Regional leadership centers.--The YALI program shall
seek to establish regional leadership centers in sub-Saharan
Africa to offer training to young African leaders ages 18 to
35 who have demonstrated strong capabilities in
entrepreneurship, innovation, public service and leadership,
and who have had a positive impact in their communities,
organizations, or institutions.
(5) Activities.--
(A) United states-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, shall
oversee all United States-based activities carried out under
the YALI program, including the following:
(i) The participation of Mandela Washington fellows in a
six-week Leadership Institute at a United States university
or college in business, civic engagement, or public
management, including academic sessions, site visits,
professional networking opportunities, leadership training,
community service, and organized cultural activities.
(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 programs in sub-Saharan Africa, including the
following:
(i) Access to 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 paragraph
(4), and through online and in-person courses offered by such
centers.
(iii) Opportunities for networking and engagement with--
(I) other alumni of the Mandela Washington Fellowship for
Young African Leaders;
(II) alumni of programs at regional leadership centers
established in accordance with paragraph (4); and
(III) United States and like-minded diplomatic missions,
business leaders, and others as appropriate.
(C) Implementation.--To carry out this paragraph, 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 participants in the YALI program.
(6) 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 the YALI program, including the following:
(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.
(C) A strategy to ensure the program is promoting United
States foreign policy goals in Africa, including ensuring
that the program is clearly branded and paired with robust
public diplomacy efforts.
(7) 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 on the following:
(A) The progress made toward achieving the goals, targets,
and planned outcomes described in paragraph (6)(A), including
an overview of the program implemented in the previous year
and an estimated number of beneficiaries.
(B) An assessment of how the YALI program 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, and fostering entrepreneurship and youth
empowerment.
(C) Recommendations for improvements or changes to the
program and implementation plan, if any, that would improve
their effectiveness during subsequent years of implementation
of the program.
(8) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives; and
(B) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate.
(9) Sunset.--The requirements of this section shall
terminate on the date that is 5 years after the date of the
enactment of this Act.
SEC. 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.
SEC. 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.
[[Page H472]]
(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.''.
PART 5--MIDDLE EAST AND NORTH AFRICA
SEC. 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; and
(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.
(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.
SEC. 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.
SEC. 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.
PART 6--ARCTIC REGION
SEC. 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.
[[Page H473]]
(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.
SEC. 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.
PART 7--OCEANIA
SEC. 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.
SEC. 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.
SEC. 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:
[[Page H474]]
(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.
SEC. 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.
PART 8--PACIFIC ISLANDS
SEC. 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''.
SEC. 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
[[Page H475]]
(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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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
[[Page H476]]
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.
SEC. 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.
SEC. 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; and
(K) a detailed assessment of appropriations required to
achieve the objectives for the strategy in future years.
(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.
SEC. 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:
[[Page H477]]
(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''.
SEC. 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.
SEC. 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.
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.
(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;
[[Page H478]]
(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.
SEC. 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.
SEC. 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;
[[Page H479]]
(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
[[Page H480]]
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.
SEC. 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.''.
SEC. 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
[[Page H481]]
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.
SEC. 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;
[[Page H482]]
(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.
(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.
SEC. 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) 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
(3) 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.
SEC. 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).
SEC. 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.
SEC. 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.--
[[Page H483]]
(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.
SEC. 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
[[Page H484]]
(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.
SEC. 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:
``SEC. 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.
SEC. 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) Asian American and Pacific Island (AAPI) workers make
up a large portion of the essential workers on the frontlines
of the COVID-19 pandemic, making up 8.5 percent of all
essential healthcare workers in the United States. AAPI
workers also make up a large share--between 6 percent and 12
percent based on sector--of the biomedical field.
(3) The United States Census notes that Americans of Asian
descent alone made up nearly 5.9 percent of the United States
population in 2019, 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.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the reprehensible attacks on people of Asian descent
and 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;
(2) 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;
(3) 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; and
(4) 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.
SEC. 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.''.
SEC. 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
[[Page H485]]
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) 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;
(5) 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
(6) 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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:
``SEC. 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,
[[Page H486]]
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.''.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
[[Page H487]]
(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.
SEC. 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.
TITLE IV--INVESTING IN OUR ECONOMIC STATECRAFT
SEC. 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;
[[Page H488]]
(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.
SEC. 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.
SEC. 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
[[Page H489]]
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--
[[Page H490]]
(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.
SEC. 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.
TITLE V--ENSURING STRATEGIC SECURITY
SEC. 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
[[Page H491]]
(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.
SEC. 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.
SEC. 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).
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.
(a) Findings.--Congress finds the following:
(1) The Special Report: Global Warming of 1.5C, 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
[[Page H492]]
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-CO2 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
[[Page H493]]
(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.
SEC. 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.
SEC. 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;
[[Page H494]]
(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; and
(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.
SEC. 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.
SEC. 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
[[Page H495]]
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.
SEC. 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; and
``(P) prioritize foreign aid, to the extent practicable,
for international climate resilience in support of this
Global Climate Change Resilience Strategy.
``(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
[[Page H496]]
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.
SEC. 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
[[Page H497]]
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.
SEC. 30608. REDUCING THE NEGATIVE IMPACTS FROM SHORT-LIVED
CLIMATE POLLUTANTS.
(b) 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.
(c) 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.
(e) Consideration of Black Carbon, Methane, and High-gwp
Hfc 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.
(f) 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
[[Page H498]]
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.
(g) Establishment of Interagency Working Group on Black
Carbon, Methane, and High-GWP HFC 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--
(C) 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
(D) 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 (C).
SEC. 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).
SEC. 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--
[[Page H499]]
(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.
SEC. 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.
[[Page H500]]
(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
[[Page H501]]
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.
[[Page H502]]
SEC. 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
(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.
DIVISION E--COMMITTEE ON OVERSIGHT AND REFORM
SEC. 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
[[Page H503]]
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;
[[Page H504]]
(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.
SEC. 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 intelligence0enabled 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.
DIVISION F--COMMITTEE ON HOMELAND SECURITY
SEC. 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:
``SEC. 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) 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.
``(C) 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
[[Page H505]]
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.''.
SEC. 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 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.
SEC. 50103. DEPARTMENT OF HOMELAND SECURITY MENTOR-PROTEGE
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:
``SEC. 890B. MENTOR-PROTEGE PROGRAM.
``(a) Establishment.--There is established in the
Department a mentor-protege program (in this section referred
to as the `Program') under which a mentor firm enters into an
agreement with a protege firm for the purpose of assisting
the protege firm to compete for prime contracts and
subcontracts of the Department.
``(b) Eligibility.--The Secretary shall establish criteria
for mentor firms and protege 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 protege 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 protege 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 protege firm's
developmental progress.
[[Page H506]]
``(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 protege 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 protege 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
protege 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 protege
firm.
``(3) A protege 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
protege firm entered into under this section, including the
number of protege 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 protege firms;
``(3) identifies contracts within the Department in which a
mentor firm serving as the prime contractor provided
subcontracts to a protege firm under the Program; and
``(4) assesses the degree to which there has been--
``(A) an increase in the technical capabilities of protege
firms; and
``(B) an increase in the quantity and estimated value of
prime contract and subcontract awards to protege 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
protege 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) Protege firm.--The term `protege 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-protege program.''.
SEC. 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.
[[Page H507]]
(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).
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 XVI of the International Financial Institutions Act
(22 U.S.C. 262p et seq.) is amended by adding at the end the
following:
``SEC. 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.''.
TITLE II--PROHIBITIONS OR CONDITIONS ON CERTAIN TRANSMITTALS OF FUNDS
SEC. 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.
SEC. 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 or 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.''.
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.
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''.
TITLE IV--COMBATING WILDLIFE TRAFFICKING FINANCING AND PROCEEDS STUDY
ACT
SEC. 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
[[Page H508]]
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.
SEC. 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 Permanent 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.
TITLE V--STUDY ON CHINESE SUPPORT FOR AFGHAN ILLICIT FINANCE
SEC. 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) 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.
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 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:
``SEC. 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
[[Page H509]]
``(2) has demonstrated a track record of providing such
assistance to these countries.''.
TITLE VII--CHINA FINANCIAL THREAT MITIGATION
SEC. 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.
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.
(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.
TITLE IX--SECURING AMERICA'S VACCINES FOR EMERGENCIES
SEC. 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''.
SEC. 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:
``SEC. 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 of the House of Representatives, the Chairman and
Ranking Member of the Committee on Energy and Commerce and
the Chairman and Ranking Member of the Committee on Banking,
Housing, and Urban Affairs of the Senate.''.
SEC. 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.--
[[Page H510]]
``(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.
TITLE X--COVID-19 EMERGENCY MEDICAL SUPPLIES ENHANCEMENT
SEC. 61001. SHORT TITLE.
This title may be cited as the ``COVID-19 Emergency Medical
Supplies Enhancement Act of 2022''.
SEC. 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''.
SEC. 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 C.F.R. 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).
SEC. 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).
SEC. 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.
SEC. 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.
[[Page H511]]
(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.
SEC. 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).
SEC. 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.
DIVISION H--COMMITTEE ON NATURAL RESOURCES
TITLE I--ILLEGAL FISHING AND FORCED LABOR PREVENTION
SEC. 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.
SEC. 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.
Subtitle A--Combating Human Trafficking Through Seafood Import
Monitoring
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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;
[[Page H512]]
(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).
SEC. 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.
SEC. 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.''.
SEC. 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.
SEC. 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.
Subtitle B--Strengthening International Fisheries Management to Combat
Human Trafficking
SEC. 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.''.
SEC. 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
[[Page H513]]
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.''.
SEC. 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.
SEC. 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
[[Page H514]]
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)''.
SEC. 70125. REGULATIONS.
Not later than 1 year after the date of enactment of this
Act, the Secretary shall promulgate regulations implementing
this title.
Subtitle C--Maritime Awareness
SEC. 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.
TITLE II--DRIFTNET MODERNIZATION AND BYCATCH REDUCTION
SEC. 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''.
SEC. 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.''.
SEC. 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.''.
SEC. 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 2\1/2\ 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.''.
SEC. 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.
TITLE III--MARINE MAMMAL RESEARCH AND RESPONSE
SEC. 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--
[[Page H515]]
``(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.''.
SEC. 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.''.
SEC. 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.''.
SEC. 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''.
SEC. 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''.
SEC. 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.
[[Page H516]]
``(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.''.
SEC. 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:
``SEC. 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).''.
SEC. 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:
``SEC. 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;
[[Page H517]]
``(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.''.
SEC. 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.''.
SEC. 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).''.
SEC. 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.
TITLE IV--REAUTHORIZATION OF CORAL REEF CONSERVATION ACT OF 2000
SEC. 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:
``SEC. 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.
``SEC. 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--
[[Page H518]]
``(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:
``SEC. 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.
``SEC. 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
[[Page H519]]
submitted to the Task Force under this section during the
preceding 6 years.
``SEC. 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.
``SEC. 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.
``SEC. 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.
``SEC. 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:
[[Page H520]]
``(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.
``SEC. 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.
``SEC. 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.
``SEC. 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.
``SEC. 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
[[Page H521]]
(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.
``SEC. 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.
``SEC. 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
[[Page H522]]
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.
``SEC. 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 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.
``SEC. 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.
``SEC. 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
[[Page H523]]
`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''.
SEC. 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).
TITLE V--UNITED STATES CORAL REEF TASK FORCE
SEC. 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'').
SEC. 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 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.
SEC. 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.
SEC. 70504. RESPONSIBILITIES OF FEDERAL AGENCY MEMBERS.
(a) In General.--A member of the Task Force specified in
paragraphs (1) through (14) 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 (14) of section 70503(a).
SEC. 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.
SEC. 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.
TITLE VI--DEPARTMENT OF THE INTERIOR CORAL REEF AUTHORITIES
SEC. 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.
TITLE VII--SUSAN L. WILLIAMS NATIONAL CORAL REEF MANAGEMENT FELLOWSHIP
SEC. 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.
[[Page H524]]
(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).
SEC. 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.
SEC. 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.
SEC. 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.
TITLE VIII--BUY AMERICAN SEAFOOD
SEC. 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.
SEC. 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.''.
TITLE IX--INSULAR AFFAIRS
SEC. 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.''.
TITLE X--STUDIES AND REPORTS
SEC. 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.
SEC. 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.
TITLE XI--MISCELLANEOUS
SEC. 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.
SEC. 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; and
(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
[[Page H525]]
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.
SEC. 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.
DIVISION I--COMMITTEE ON THE JUDICIARY
TITLE I--SUBCOMMITTEE ON COURTS, INTELLECTUAL PROPERTY, AND THE
INTERNET
SEC. 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.
SEC. 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:
``Sec. 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.''.
SEC. 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:
[[Page H526]]
``(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:
``SEC. 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.
[[Page H527]]
``(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.
TITLE II--SUBCOMMITTEE ON ANTITRUST, COMMERCIAL AND ADMINISTRATIVE LAW
SEC. 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.''.
SEC. 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.
TITLE III--IMMIGRATION PROVISIONS
SEC. 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.''.
SEC. 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:
``SEC. 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
[[Page H528]]
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.
``SEC. 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.
[[Page H529]]
``SEC. 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.''.
SEC. 80303. DOCTORAL 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 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, 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.''.
SEC. 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),''.
SEC. 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).
DIVISION J--COMMITTEE ON EDUCATION AND LABOR
TITLE I--NATIONAL APPRENTICESHIP ACT OF 2022
SEC. 90101. SHORT TITLE.
This title may be cited as the ``National Apprenticeship
Act of 2022''.
SEC. 90102. EFFECTIVE DATE.
This title, and the amendments made by this title, shall
take effect beginning on October 1, 2022.
SEC. 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:
``SECTION 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.
[[Page H530]]
``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.
``SEC. 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
[[Page H531]]
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.
``SEC. 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.
``SEC. 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.
``SEC. 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.
``SEC. 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.
``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.
``(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
[[Page H532]]
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).
[[Page H533]]
``(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.
``SEC. 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.
[[Page H534]]
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.
``SEC. 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--
[[Page H535]]
``(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;
[[Page H536]]
``(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.
[[Page H537]]
``(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) 33\1/3\ 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) 33\1/3\ 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) 33\1/3\ 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.
``SEC. 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.
[[Page H538]]
``(f) Secretaries Defined.--In this section, the term
`Secretaries' means the Secretary of Labor and the Secretary
of Education.
``Subtitle B--Process and Standards for the National Apprenticeship
System
``SEC. 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.
``SEC. 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
[[Page H539]]
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.
``SEC. 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.
``SEC. 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
[[Page H540]]
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.
``Subtitle C--Evaluations and Research
``SEC. 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;
[[Page H541]]
``(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.
``SEC. 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.
``Subtitle D--General Provisions
``SEC. 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.
``TITLE II--MODERNIZING THE NATIONAL APPRENTICESHIP SYSTEM FOR THE 21ST
CENTURY GRANTS
``SEC. 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, 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 (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; or
``(iv) among small- and medium-sized employers.
``(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, and other sectors
identified by the Administrator and the Advisory Committee as
targeted for expansion under the national apprenticeship
system;
[[Page H542]]
``(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.--
[[Page H543]]
``(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.
``(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.
``SEC. 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
[[Page H544]]
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;
[[Page H545]]
``(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.
``SEC. 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.
``SEC. 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.''.
SEC. 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''.
TITLE II--ELEMENTARY AND SECONDARY EDUCATION
SEC. 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)).
(6) 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).
(7) 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.
(8) State.--The term ``State'' means each of the 50 States,
the District of Columbia, and Puerto Rico.
(9) 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).
(10) 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)).
(10) 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.
[[Page H546]]
(11) 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, 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; and
(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
[[Page H547]]
(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.
SEC. 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) 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).
(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) 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.
(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.
(4) 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.
(5) 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;
[[Page H548]]
(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, 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.
[[Page H549]]
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
[[Page H550]]
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.
TITLE III--HIGHER EDUCATION
SEC. 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:
``SEC. 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.
[[Page H551]]
``(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:
``SEC. 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.
[[Page H552]]
``(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:
``SEC. 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:
``SEC. 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.''.
SEC. 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.
SEC. 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
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:
[[Page H553]]
``SEC. 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.''.
SEC. 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:
``SEC. 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
[[Page H554]]
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:
``SEC. 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.
TITLE IV--IMPACT ACT
SEC. 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
[[Page H555]]
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.
(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;
(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.
[[Page H556]]
(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.
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 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. 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. Repeal of 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.
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.
[[Page H557]]
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. Tetravinyltetramethyl cyclotetrasiloxane.
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.
[[Page H558]]
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.
[[Page H559]]
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.
[[Page H560]]
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.
[[Page H561]]
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.
[[Page H562]]
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.
[[Page H563]]
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.
[[Page H564]]
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.
SEC. 100001. SHORT TITLE.
This division may be cited as the ``American Worker and
Trade Competitiveness Act''.
[[Page H565]]
TITLE I--TRADE ADJUSTMENT ASSISTANCE
SEC. 101001. SHORT TITLE.
This title may be cited as the ``Trade Adjustment
Assistance Modernization Act of 2022''.
SEC. 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.
Subtitle A--Trade Adjustment Assistance for Workers
SEC. 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''.
SEC. 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.''.
SEC. 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.''.
SEC. 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).''.
SEC. 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.''.
SEC. 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.''.
SEC. 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:
``SEC. 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
[[Page H566]]
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.''.
SEC. 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.''.
SEC. 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.''.
SEC. 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:
``SEC. 238A. CHILD 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 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'';
[[Page H567]]
(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.''.
SEC. 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.''.
SEC. 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.''.
SEC. 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)''.
SEC. 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.''.
SEC. 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) Requirement 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.''.
SEC. 101115. 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
[[Page H568]]
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.''.
Subtitle B--Trade Adjustment Assistance for Firms
SEC. 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.''.
SEC. 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).''.
SEC. 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''.
SEC. 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.''.
SEC. 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:
``SEC. 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.''.
Subtitle C--Trade Adjustment Assistance for Communities and Community
Colleges
SEC. 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:
``Subchapter 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:
``Subchapter A--Trade Adjustment Assistance for Communities
``SEC. 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.
``SEC. 272. ESTABLISHMENT OF TRADE ADJUSTMENT ASSISTANCE FOR
COMMUNITIES PROGRAM.
``The Secretary, acting through the Assistant Secretary for
Economic Development, shall, not
[[Page H569]]
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.
``SEC. 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.
``SEC. 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.
``SEC. 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
[[Page H570]]
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).
``SEC. 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.
``SEC. 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.''.
SEC. 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.''.
Subtitle D--Trade Adjustment Assistance for Farmers
SEC. 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.''.
SEC. 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
[[Page H571]]
(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''.
SEC. 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''.
SEC. 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.''.
Subtitle E--Authorizations of Appropriations and Other Matters
SEC. 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 ears 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.''.
SEC. 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
[[Page H572]]
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).
Subtitle F.--Health Care Tax Credit
SEC. 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.
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.
(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).''.
SEC. 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.''.
SEC. 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:
``SEC. 784. DETERMINATIONS RELATING TO SUCCESSIVE
INVESTIGATIONS.
``(a) In General.--Notwithstanding any other provision of
this title, the administering authority--
[[Page H573]]
``(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.''.
Subtitle B--Responding to Market Distortions
SEC. 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''.
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.
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.''.
SEC. 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''.
SEC. 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.''.
SEC. 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.''.
[[Page H574]]
Subtitle C--Preventing Circumvention
SEC. 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.''.
SEC. 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:
``SEC. 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.--
[[Page H575]]
``(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.''.
SEC. 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,''.
SEC. 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:
``SEC. 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.
Subtitle D--Countering Currency Undervaluation
SEC. 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.''.
SEC. 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--
[[Page H576]]
(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.''.
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.
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''.
SEC. 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)''.
SEC. 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.
Subtitle F--General Provisions
SEC. 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.
SEC. 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.
SEC. 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).
SEC. 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--
[[Page H577]]
(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.
TITLE III--IMPORT SECURITY AND FAIRNESS ACT
SEC. 103001. SHORT TITLE.
This title may be cited as the ``Import Security and
Fairness Act''.
SEC. 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''.
SEC. 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. ''.
SEC. 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.
TITLE IV--NATIONAL CRITICAL CAPABILITIES REVIEWS
SEC. 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:
``TITLE X--NATIONAL CRITICAL CAPABILITIES REVIEWS
``SEC. 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
[[Page H578]]
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.
``SEC. 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.
``SEC. 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.
``SEC. 1004. ACTION BY THE PRESIDENT.
``(a) In General.--Subject to subsection (d), the President
may take such action for such
[[Page H579]]
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.
``SEC. 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.
``SEC. 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.
``SEC. 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.
``SEC. 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.
``SEC. 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.
``SEC. 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.
``SEC. 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.
``SEC. 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.
``SEC. 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.
[[Page H580]]
``Sec. 1011. Multilateral engagement and coordination.
``Sec. 1012. Authorization of appropriations.
``Sec. 1013. Rule of construction with respect to free and fair
commerce.''.
TITLE V--MODIFICATION AND EXTENSION OF GENERALIZED SYSTEM OF
PREFERENCES
SEC. 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:
``SEC. 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
[[Page H581]]
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).''.
SEC. 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.
TITLE VI--REAUTHORIZATION OF THE AMERICAN MANUFACTURING COMPETITIVENESS
ACT OF 2016 AND OTHER MATTERS
SEC. 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''.
SEC. 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).
SEC. 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
[[Page H582]]
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.
SEC. 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)''.
TITLE VII--TEMPORARY DUTY SUSPENSIONS AND REDUCTIONS
SEC. 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.
Subtitle A--New Duty Suspensions and Reductions
SEC. 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 Free No change No change On or before 12/ ''.
(provided for in 31/2023.......
subheading
0802.90.98)......
SEC. 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 0.7% No change No change On or before 12/ ''.
extracts of 31/2023.......
licorice
(provided for in
subheading
1302.12.00)......
SEC. 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- 2.4% No change No change On or before 12/ ''.
Methylbutanoyl)am 31/2023.......
ino]phenyl}carbon
yl)
hydrazino]carbono
thioyl}-3-
nitrobenzamide
(Carrageenan)
(CAS No. 9000-07-
1) (provided for
in subheading
1302.39.00)......
SEC. 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 2.9% No change No change On or before 12/ ''.
manufactured with 31/2023.......
fluid milk from
Irish cows
(provided for in
subheading
1806.20.24)......
SEC. 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, 5.2% No change No change On or before 12/ ''.
prepared or 31/2023.......
preserved by
vinegar or acetic
acid (provided
for in subheading
2001.90.38)......
SEC. 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 Free No change No change On or before 12/ ''.
from concentrate, 31/2023.......
not containing
added sugar or
other sweetening
matter, packaged
for retail sale
in polyethylene
terephthalate
bottles (provided
for in subheading
2009.89.70)......
[[Page H583]]
SEC. 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 Free No change No change On or before 12/ ''.
linoleic acids 31/2023.......
(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)......
SEC. 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- Free No change No change On or before 12/ ''.
oligosaccharides 31/2023.......
(provided for in
subheading
2106.90.98)......
SEC. 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 Free No change No change On or before 12/ ''.
beverage 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
preparation 31/2023.......
consisting of
guanidinoacetic
acid and starch
(provided for in
subheading
2309.90.95)......
SEC. 107111. TUNGSTEN CONCENTRATE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.19.11 Tungsten Free No change No change On or before 12/ ''.
concentrate, 31/2023.......
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)......
SEC. 107112. PIPERYLENE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.19.12 Distillates 3.5% No change No change On or before 12/ ''.
(petroleum), C3- 31/2023.......
6, piperylene-
rich (CAS No.
68477-35-0)
(provided for in
subheading
2710.12.90)......
SEC. 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 5.8% No change No change On or before 12/ ''.
normal paraffin 31/2023.......
medium oils
(alkanes, C10-14)
(CAS No. 93924-07-
3) (provided for
in subheading
2710.19.90)......
SEC. 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 Free No change No change On or before 12/ ''.
(CAS No. 7440-00- 31/2023.......
8), whether or
not intermixed or
interalloyed
(provided for in
subheading
2805.30.00)......
[[Page H584]]
SEC. 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 Free No change No change On or before 12/ ''.
(CAS No. 7440-10- 31/2023.......
0), whether or
not intermixed or
interalloyed
(provided for in
subheading
2805.30.00)......
SEC. 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 Free No change No change On or before 12/ ''.
(CAS No. 7429-91- 31/2023.......
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)......
SEC. 107117. SCANDIUM CRYSTAL.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.19.17 Scandium crystals Free No change No change On or before 12/ ''.
of 99.9 percent 31/2023.......
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)......
SEC. 107118. HEXAFLUOROTITANIC ACID.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.19.18 Dihydrogen Free No change No change On or before 12/ ''.
hexafluorotitanat 31/2023.......
e(2-) (CAS No.
17439-11-1)
(provided for in
subheading
2811.19.61)......
SEC. 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 Free No change No change On or before 12/ ''.
synthetic silica 31/2023.......
gel, not
crystalline,
imported with a
disposable
cardboard tray
coated with
polyvinyl
chloride
(provided for in
subheading
2811.22.10)......
SEC. 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 Free No change No change On or before 12/ ''.
(silicon dioxide 31/2023.......
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
m\2\/g (provided
for in subheading
2811.22.10)......
SEC. 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 Free No change No change On or before 12/ ''.
formulated from 31/2023.......
synthetic silica
gel, put up for
retail sale
(provided for in
subheading
2811.22.10)......
SEC. 107122. SULFURYL DICHLORIDE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H585]]
`` 9902.19.22 Sulfuryl Free No change No change On or before 12/ ''.
dichloride (CAS 31/2023.......
No. 7791-25-5)
(provided for in
subheading
2812.19.00)......
SEC. 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 Free No change No change On or before 12/ ''.
tin(IV) oxide 31/2023.......
(CAS No. 18282-10-
5), doped with
antimony
pentoxide (CAS
No. 1314-60-9),
in water
(provided for in
subheading
2825.90.20)......
SEC. 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 Free No change No change On or before 12/ ''.
(CAS No. 7789-23- 31/2023.......
3), spray-dried,
crystalline,
granular or any
dry form
(provided for in
subheading
2826.19.90)......
SEC. 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 Free No change No change On or before 12/ ''.
(CAS No. 7789-23- 31/2023.......
3) other than
spray-dried,
crystalline,
granular or any
dry form
(provided for in
subheading
2826.19.90)......
SEC. 107126. LIPF6.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.19.26 Lithium 1.8% No change No change On or before 12/ ''.
hexafluorophospha 31/2023.......
te (LiPF6) (CAS
No. 21324-40-3)
(provided for in
subheading
2826.90.90)......
SEC. 107127. LIPO2F2.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.19.27 Lithium Free No change No change On or before 12/ ''.
difluorophosphate 31/2023.......
(LiPO2F2) (CAS
No. 24389-25-1)
(provided for in
subheading
2826.90.90)......
SEC. 107128. AMMONIUM FLUOROBORATE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.19.28 Azanium; Free No change No change On or before 12/ ''.
tetrafluoroborate 31/2023.......
(CAS No. 13826-83-
0) (provided for
in subheading
2826.90.90)......
SEC. 107129. SODIUM TETRAFLUOROBORATE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.19.29 Sodium Free No change No change On or before 12/ ''.
tetrafluoroborate 31/2023.......
(CAS No. 13755-29-
8) (provided for
in subheading
2826.90.90)......
SEC. 107130. FERRIC CHLORIDE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H586]]
`` 9902.19.30 Trichloroiron (CAS Free No change No change On or before 12/ ''.
No. 7705-08-0) 31/2023.......
(provided for in
subheading
2827.39.55)......
SEC. 107131. FERROUS CHLORIDE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.19.31 Iron(2+);dichlorid Free No change No change On or before 12/ ''.
e (CAS No. 7758- 31/2023.......
94-3) (provided
for in subheading
2827.39.55)......
SEC. 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) Free No change No change On or before 12/ ''.
chloride 31/2023.......
dihydrate (cupric
chloride
dihydrate) (CAS
No. 10125-13-0)
(provided for in
subheading
2827.39.90)......
SEC. 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) Free No change No change On or before 12/ ''.
chloride 31/2023.......
anhydrous (CAS
No. 7447-39-4)
(provided for in
subheading
2827.39.90)......
SEC. 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+);dich Free No change No change On or before 12/ ''.
loride (anhydrous 31/2023.......
manganese
chloride) (CAS
No. 7773-01-5)
(provided for in
subheading
2827.39.90)......
SEC. 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) Free No change No change On or before 12/ ''.
chloride 31/2023.......
tetrahydrate (CAS
No. 13446-34-9)
(provided for in
subheading
2827.39.90)......
SEC. 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- Free No change No change On or before 12/ ''.
, reaction 31/2023.......
products with
sodium dithionite
(2:1) (CAS No.
1444365-63-2)
(provided for in
subheading
2831.10.50)......
SEC. 107137. MANGANESE CARBONATE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.19.37 Manganese(2+);carb Free No change No change On or before 12/ ''.
onate (CAS No. 31/2023.......
598-62-9)
(provided for in
subheading
2836.99.50)......
SEC. 107138. POTASSIUM TETRABORATE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.19.38 Potassium Free No change No change On or before 12/ ''.
tetraborate (CAS 31/2023.......
No. 12045-78-2)
(provided for in
subheading
2840.20.00)......
[[Page H587]]
SEC. 107139. POTASSIUM PENTABORATE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.19.39 Potassium Free No change No change On or before 12/ ''.
pentaborate (CAS 31/2023.......
No. 12229-13-9)
(provided for in
subheading
2840.20.00)......
SEC. 107140. AMMONIUM THIOCYANATE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.19.40 Azanium;thiocyanat Free No change No change On or before 12/ ''.
e (ammonium 31/2023.......
thiocyanate) (CAS
No. 1762-95-4)
(provided for in
subheading
2842.90.10)......
SEC. 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, Free No change No change On or before 12/ ''.
compound with 31/2023.......
trifluoroborane,
reaction products
with 2-
(butoxymethyl)oxi
rane (amine
complex of boron
trifluoride) (CAS
No. 68478-97-7)
(provided for in
subheading
2842.90.90)......
SEC. 107142. TRICHLOROSILANE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.19.42 Trichlorosilicon Free No change No change On or before 12/ ''.
(CAS No. 10025-78- 31/2023.......
2) (provided for
in subheading
2853.90.90)......
SEC. 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- 2.3% No change No change On or before 12/ ''.
Dichloroprop-1- 31/2023.......
ene (CAS No. 542-
75-6) (provided
for in subheading
2903.29.00)......
SEC. 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- Free No change No change On or before 12/ ''.
(trifluoromethyl) 31/2023.......
prop-1-ene (CAS
No. 382-10-5)
(provided for in
subheading
2903.39.20)......
SEC. 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, Free No change No change On or before 12/ ''.
5,5,6,6- 31/2023.......
Tridecafluoro-8-
iodooctane (CAS
No. 2043-57-4)
(provided for in
subheading
2903.79.90)......
SEC. 107146. ETHYL BENZYL CHLORIDE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H588]]
`` 9902.19.46 1-(Chloromethyl)-3- Free No change No change On or before 12/ ''.
ethylbenzene (CAS 31/2023.......
No. 26968-58-1)
(provided for in
subheading
2903.99.80)......
SEC. 107147. PERFLUOROALKYL SULFONATE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.19.47 Potassium Free No change No change On or before 12/ ''.
1,1,2,2,3,3,4,4,4- 31/2023.......
nonafluorobutane-
1-sulphonate (CAS
No. 29420-49-3)
(provided for in
subheading
2904.99.50)......
SEC. 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)- 2.9% No change No change On or before 12/ ''.
Hexane- 31/2023.......
1,2,3,4,5,6-hexol
(D-Mannitol) (CAS
No. 69-65-8)
(provided for in
subheading
2905.43.00)......
SEC. 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, Free No change No change On or before 12/ ''.
7,8,8,8- 31/2023.......
Tridecafluoroocta
n-1-ol (CAS No.
647-42-7)
(provided for in
subheading
2905.59.90)......
SEC. 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- Free No change No change On or before 12/ ''.
ol (CAS No. 617- 31/2023.......
94-7) (provided
for in subheading
2906.29.60)......
SEC. 107151. HYDROXYTYROSOL.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.19.51 4-(2- Free No change No change On or before 12/ ''.
Hydroxyethyl)benz 31/2023.......
ene-1,2-diol
(Hydroxytyrosol)
(CAS No. 10597-60-
1) (provided for
in subheading
2907.29.90)......
SEC. 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- Free No change No change On or before 12/ ''.
diol (CAS No. 575- 31/2023.......
44-0) (provided
for in subheading
2907.29.90)......
SEC. 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- Free No change No change On or before 12/ ''.
[[3,5-Bis[(3,5- 31/2023.......
ditert-butyl-4-
hydroxyphenyl)met
hyl]-2,4,6-
trimethylphenyl]m
ethyl]-2,6-ditert-
butylphenol) (CAS
No. 1709-70-2)
(provided for in
subheading
2907.29.90)......
SEC. 107154. TOLUHYDROQUINONE (THQ).
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H589]]
`` 9902.19.54 2-Methylbenzene- Free No change No change On or before 12/ ''.
1,4-diol (CAS No. 31/2023.......
95-71-6)
(provided for in
subheading
2907.29.90)......
SEC. 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- Free No change No change On or before 12/ ''.
hydroxyphenyl)eth 31/2023.......
yl]phenol (CAS
No. 27955-94-8)
(provided for in
subheading
2907.29.90)......
SEC. 107156. MPEG6-MESYLATE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.19.56 Methanesulfonic Free No change No change On or before 12/ ''.
acid; 2-[2-[2-[2- 31/2023.......
[2-(2-
methoxyethoxy)
ethoxy]ethoxy]eth
oxy]ethoxy]
ethanol (CAS No.
130955-39-4)
(provided for in
subheading
2909.19.18)......
SEC. 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- Free No change No change On or before 12/ ''.
Dimethoxyethane 31/2023.......
(CAS No. 110-71-
4) (provided for
in subheading
2909.19.60)......
SEC. 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- Free No change No change On or before 12/ ''.
methoxyethoxy)eth 31/2023.......
ane (CAS No. 111-
96-6) (provided
for in subheading
2909.19.60)......
SEC. 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- Free No change No change On or before 12/ ''.
Butoxyethoxy)etho 31/2023.......
xy]butane (CAS
No. 112-73-2)
(provided for in
subheading
2909.19.60)......
SEC. 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- Free No change No change On or before 12/ ''.
(2- 31/2023.......
methoxyethoxy)eth
oxy]ethoxy]ethane
(CAS No. 143-24-
8) (provided for
in subheading
2909.19.60)......
SEC. 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- Free No change No change On or before 12/ ''.
methoxypropoxy)pr 31/2023.......
opane (CAS No.
111109-77-4)
(provided for in
subheading
2909.49.60)......
SEC. 107162. DIGLYCIDYL RESORCINOL ETHER.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H590]]
`` 9902.19.64 2-[[3-(Oxiran-2- Free No change No change On or before 12/ ''.
ylmethoxy)phenoxy 31/2023.......
]methyl]oxirane
(diglycidyl
resorcinol ether)
(CAS No. 101-90-
6) (provided for
in subheading
2910.90.20)......
SEC. 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- Free No change No change On or before 12/ ''.
enoxymethyl)oxira 31/2023.......
ne (allyl
glycidyl ether)
(CAS No. 106-92-
3) (provided for
in subheading
2910.90.91)......
SEC. 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- Free No change No change On or before 12/ ''.
oxabicyclo[4.1.0] 31/2023.......
heptane (CAS No.
106-86-5)
(provided for in
subheading
2910.90.91)......
SEC. 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- Free No change No change On or before 12/ ''.
(butoxymethyl)oxi 31/2023.......
rane (CAS No.
2426-08-6)
(provided for in
subheading
2910.90.91)......
SEC. 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- Free No change No change On or before 12/ ''.
Ethylhexoxymethyl 31/2023.......
)oxirane (CAS No.
2461-15-6)
(provided for in
subheading
2910.90.91)......
SEC. 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- Free No change No change On or before 12/ ''.
ylmethoxy)butoxym 31/2023.......
ethyl]oxirane
(CAS No. 2425-79-
8) (provided for
in subheading
2910.90.91)......
SEC. 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- Free No change No change On or before 12/ ''.
ylmethoxymethyl) 31/2023.......
cyclohexyl]methox
ymethyl]oxirane
(1,4-bis((2,3-
epoxypropoxy)meth
yl)cyclohexane
technical) (CAS
No. 14228-73-0)
(provided for in
subheading
2910.90.91)......
SEC. 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 Free No change No change On or before 12/ ''.
neodecanoate (CAS 31/2023.......
No. 26761-45-5)
(provided for in
subheading
2910.90.91)......
SEC. 107170. CUMALDEHYDE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H591]]
`` 9902.19.73 4-Propan-2- Free No change No change On or before 12/ ''.
ylbenzaldehyde 31/2023.......
(Cumaldehyde)
(CAS No. 122-03-
2) (provided for
in subheading
2912.29.60)......
SEC. 107171. CYPRINAL.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.19.74 a- Free No change No change On or before 12/ ''.
Methylcinnamaldeh 31/2023.......
yde (CAS No. 101-
39-3) (provided
for in subheading
2912.29.60)......
SEC. 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- Free No change No change On or before 12/ ''.
formylbenzenesulf 31/2023.......
onate (CAS No.
1008-72-6)
(provided for in
subheading
2913.00.50)......
SEC. 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 Free No change No change On or before 12/ ''.
(Acetylacetone) 31/2023.......
(CAS No. 123-54-
6) (provided for
in subheading
2914.19.00)......
SEC. 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 Free No change No change On or before 12/ ''.
(CAS No. 600-14- 31/2023.......
6) (provided for
in subheading
2914.19.00)......
SEC. 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- Free No change No change On or before 12/ ''.
Trimethylcyclohex- 31/2023.......
2-en-1-yl)but-3-
en-2-one (a-
ionone) derived
from natural
sources (CAS No.
127-41-3)
(provided for in
subheading
2914.23.00)......
SEC. 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- Free No change No change On or before 12/ ''.
Tetramethylcyclop 31/2023.......
ent-2-enone (CAS
No. 54458-61-6)
(provided for in
subheading
2914.29.50)......
SEC. 107177. MENTHONE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.19.80 Menthone ((2S,5R)- Free No change No change On or before 12/ ''.
5-methyl-2-propan- 31/2023.......
2-ylcyclohexan-1-
one) derived from
natural sources
(CAS No. 89-80-5)
(provided for in
subheading
2914.29.50)......
SEC. 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- Free No change No change On or before 12/ ''.
(prop-1-en-2- 31/2023.......
yl)cyclohex-2-en-
1-one (L-carvone)
(CAS No. 6485-40-
1) (provided for
in subheading
2914.29.50)......
[[Page H592]]
SEC. 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- Free No change No change On or before 12/ ''.
diphenylethanone 31/2023.......
(Benzoin) (CAS
No. 119-53-9)
(provided for in
subheading
2914.40.40)......
SEC. 107180. METHYL CYCLOPENTENOLONE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.19.83 Methyl Free No change No change On or before 12/ ''.
cyclopentenolone 31/2023.......
(2-hydroxy-3-
methylcyclopent-2-
en-1-one) (CAS
No. 80-71-7)
(provided for in
subheading
2914.40.90)......
SEC. 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- Free No change No change On or before 12/ ''.
phenylene)bis(phe 31/2023.......
nylmethanone)
(CAS No. 3088-15-
1) (provided for
in subheading
2914.50.30)......
SEC. 107182. DIFLUOROBENZOPHENONE (DFBP).
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.19.85 Bis(4- 2.3% No change No change On or before 12/ ''.
fluorophenyl)meth 31/2023.......
anone (CAS No.
345-92-6)
(provided for in
subheading
2914.79.40)......
SEC. 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- Free No change No change On or before 12/ ''.
(trifluoromethoxy 31/2023.......
)phenyl]propan-1-
one (CAS No.
56425-84-4)
(provided for in
subheading
2914.79.40)......
SEC. 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- Free No change No change On or before 12/ ''.
2- 31/2023.......
methylphenyl)(2,3
,4-trimethoxy-6-
methylphenyl)meth
anone
(Metrafenone)
(CAS No. 220899-
03-6) (provided
for in subheading
2914.79.40)......
SEC. 107185. HEXACHLOROACETONE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.19.88 Hexachloroacetone; Free No change No change On or before 12/ ''.
1,1,1,3,3,3- 31/2023.......
hexachloropropan-
2-one (CAS No.
116-16-5)
(provided for in
subheading
2914.79.90)......
SEC. 107186. FIRE SUPPRESSION AGENT.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H593]]
`` 9902.19.89 1,1,1,2,2,4,5,5,5- Free No change No change On or before 12/ ''.
nonafluoro-4- 31/2023.......
(trifluoromethyl)
pentan-3-one (CAS
No. 756-13-8)
(provided for in
subheading
2914.79.90)......
SEC. 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- Free No change No change On or before 12/ ''.
Dimethyl-2-oxo-1- 31/2023.......
bicyclo[2.2.1]hep
tanyl]
methanesulfonic
acid (CAS No.
3144-16-9)
(provided for in
subheading
2914.79.90)......
SEC. 107188. BENZYL ACETATE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.19.91 Benzyl acetate Free No change No change On or before 12/ ''.
(CAS No. 140-11- 31/2023.......
4) (provided for
in subheading
2915.39.10)......
SEC. 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 Free No change No change On or before 12/ ''.
acetate (CAS No. 31/2023.......
623-84-7)
(provided for in
subheading
2915.39.47)......
SEC. 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 Free No change No change On or before 12/ ''.
acetate 31/2023.......
(Isopropenyl
acetate) (CAS No.
108-22-5)
(provided for in
subheading
2915.39.90)......
SEC. 107191. DIACETIN.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.19.94 (2-Acetyloxy-3- Free No change No change On or before 12/ ''.
hydroxypropyl) 31/2023.......
acetate (CAS No.
25395-31-7)
(provided for in
subheading
2915.39.90)......
SEC. 107192. COCOAMINE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.19.95 Amines, coco alkyl Free No change No change On or before 12/ ''.
(Cocoamine) (CAS 31/2023.......
No. 61788-46-3)
(provided for in
subheading
2915.90.10)......
SEC. 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 Free No change No change On or before 12/ ''.
No. 334-48-5) 31/2023.......
(provided for in
subheading
2915.90.10)......
SEC. 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 Free No change No change On or before 12/ ''.
powder, 99 31/2023.......
percent is under
300 mesh (CAS No.
16260-27-8)
(provided for in
subheading
2915.90.50)......
[[Page H594]]
SEC. 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 Free No change No change On or before 12/ ''.
tetradecanoate 31/2023.......
powder (CAS No.
4086-70-8)
(provided for in
subheading
2915.90.50)......
SEC. 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 Free No change No change On or before 12/ ''.
mixed esters with 31/2023.......
stearate, 12-
hydroxyoctadecano
ate and resinate,
two acidic
residues (CAS No.
208126-52-7)
(provided for in
subheading
2915.90.50)......
SEC. 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- Free No change No change On or before 12/ ''.
Methylheptadecano 31/2023.......
yloxy)propoxy]-2-
hydroxypropyl] 16-
methylheptadecano
ate (CAS No.
120486-24-0)
(provided for in
subheading
2915.90.50)......
SEC. 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- Free No change No change On or before 12/ ''.
Ethylhexanoyloxy)- 31/2023.......
2,2-
dimethylpropyl] 2-
ethylhexanoate
(CAS No. 28510-23-
8) (provided for
in subheading
2915.90.50)......
SEC. 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- Free No change No change On or before 12/ ''.
methyloctanoate 31/2023.......
(CAS No. 42131-25-
9) (provided for
in subheading
2915.90.50)......
SEC. 107200. ACETYL CHLORIDE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.20.04 Acetyl chloride Free No change No change On or before 12/ ''.
(CAS No. 75-36-5) 31/2023.......
(provided for in
subheading
2915.90.50)......
SEC. 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)- 2% No change No change On or before 12/ ''.
hexa-2,4-dienoate 31/2023.......
(Potassium
sorbate) (CAS No.
24634-61-5)
(provided for in
subheading
2916.19.10)......
SEC. 107202. VINYL CHLOROFORMATE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.20.06 Ethenyl Free No change No change On or before 12/ ''.
carbonochloridate 31/2023.......
(Vinyl
chloroformate)
(CAS No. 5130-24-
5) (provided for
in subheading
2916.19.50)......
[[Page H595]]
SEC. 107203. PERMETHRIN.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.20.07 (3- Free No change No change On or before 12/ ''.
Phenoxyphenyl)met 31/2023.......
hyl 3-(2,2-
dichloroethenyl)-
2,2-
dimethylcycloprop
ane-1-carboxylate
(Permethrin) (CAS
No. 52645-53-1)
(provided for in
subheading
2916.20.50)......
SEC. 107204. SODIUM BENZOATE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.20.08 Micronized sodium Free No change No change On or before 12/ ''.
benzoate (CAS No. 31/2023.......
532-32-1) of a
kind used as a
polymer modifier
(provided for in
subheading
2916.31.11)......
SEC. 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, 4.3% No change No change On or before 12/ ''.
flake (CAS No. 65- 31/2023.......
85-0) (provided
for in subheading
2916.31.11)......
SEC. 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- 1% No change No change On or before 12/ ''.
Benzoyloxyethoxy) 31/2023.......
ethyl benzoate
(CAS No. 120-55-
8) (provided for
in subheading
2916.31.30)......
SEC. 107207. METHYL BENZOATE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.20.11 Methyl benzoate Free No change No change On or before 12/ ''.
(CAS No. 93-58-3) 31/2023.......
(provided for in
subheading
2916.31.50)......
SEC. 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- Free No change No change On or before 12/ ''.
nitrobenzoate 31/2023.......
(CAS No. 827-95-
2) (provided for
in subheading
2916.39.79)......
SEC. 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 Free No change No change On or before 12/ ''.
acid (CAS No. 62- 31/2023.......
23-7) (provided
for in subheading
2916.39.79)......
SEC. 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- Free No change No change On or before 12/ ''.
Butylbenzoic acid 31/2023.......
(CAS No. 98-73-7)
(provided for in
subheading
2916.39.79)......
SEC. 107211. SODIUM ADIPATE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H596]]
`` 9902.20.15 Disodium;hexanedio Free No change No change On or before 12/ ''.
ate (Sodium 31/2023.......
adipate) (CAS No.
7486-38-6), in
granule form,
with a particle
size of 250 mm to
850 mm (provided
for in subheading
2917.12.50)......
SEC. 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 Free No change No change On or before 12/ ''.
(CAS No. 106-79- 31/2023.......
6) (provided for
in subheading
2917.13.00)......
SEC. 107213. DODECANEDIOIC ACID.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.20.17 Dodecanedioic acid 2.8% No change No change On or before 12/ ''.
(CAS No. 693-23- 31/2023.......
2) (provided for
in subheading
2917.19.70)......
SEC. 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 Free No change No change On or before 12/ ''.
polycarboxylic 31/2023.......
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)......
SEC. 107215. UNDECANEDIOIC ACID.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.20.19 Undecanedioic acid Free No change No change On or before 12/ ''.
(CAS No. 1852-04- 31/2023.......
6) (provided for
in subheading
2917.19.70)......
SEC. 107216. HEXADECANEDIOIC ACID.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.20.20 Hexadecanedioic Free No change No change On or before 12/ ''.
acid (CAS No. 505- 31/2023.......
54-4) (provided
for in subheading
2917.19.70)......
SEC. 107217. TETRADECANEDIOIC ACID.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.20.21 Tetradecanedioic Free No change No change On or before 12/ ''.
acid (CAS No. 821- 31/2023.......
38-5) (provided
for in subheading
2917.19.70)......
SEC. 107218. PENTADECANEDIOIC ACID.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.20.22 Pentadecanedioic Free No change No change On or before 12/ ''.
acid (CAS No. 31/2023.......
1460-18-0)
(provided for in
subheading
2917.19.70)......
SEC. 107219. TRIDECANEDIOIC ACID.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.20.23 Tridecanedioic Free No change No change On or before 12/ ''.
acid (CAS No. 505- 31/2023.......
52-2) (provided
for in subheading
2917.19.70)......
[[Page H597]]
SEC. 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- Free No change No change On or before 12/ ''.
cyclopropanedicar 31/2023.......
boxylate (CAS No.
6914-71-2)
(provided for in
subheading
2917.20.00)......
SEC. 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)- Free No change No change On or before 12/ ''.
cyclohexane-1,2- 31/2023.......
dicarboxylate
(CAS No. 491589-
22-1) (provided
for in subheading
2917.20.00)......
SEC. 107222. DIETHYL PHTHALATE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.20.26 Diethyl benzene- Free No change No change On or before 12/ ''.
1,2-dicarboxylate 31/2023.......
(CAS No. 84-66-2)
(provided for in
subheading
2917.34.01)......
SEC. 107223. AMMONIUM LACTATE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.20.27 Ammonium lactate Free No change No change On or before 12/ ''.
(Azanium;2- 31/2023.......
hydroxypropanoate
) (CAS No. 515-98-
0) having a
purity of at
least 99 percent
(provided for in
subheading
2918.11.51)......
SEC. 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- Free No change No change On or before 12/ ''.
hydroxypropane- 31/2023.......
1,2,3-
tricarboxylate
(CAS No. 77-93-0)
(provided for in
subheading
2918.15.50)......
SEC. 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 Free No change No change On or before 12/ ''.
bis(16- 31/2023.......
methylheptadecyl)
2-
hydroxybutanedioa
te (CAS No. 81230-
05-9) (provided
for in subheading
2918.19.90)......
SEC. 107226. SALICYLIC ACID.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.20.30 2-Hydroxybenzoic Free No change No change On or before 12/ ''.
acid (salicylic 31/2023.......
acid) (CAS No. 69-
72-7) (provided
for in subheading
2918.21.50)......
SEC. 107227. HEXYL SALICYLATE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.20.31 Hexyl 2- Free No change No change On or before 12/ ''.
hydroxybenzoate 31/2023.......
(CAS No. 6259-76-
3) (provided for
in subheading
2918.23.20)......
[[Page H598]]
SEC. 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 Free No change No change On or before 12/ ''.
acid (2- 31/2023.......
oxopentanedioic
acid) (CAS No.
328-50-7)
(provided for in
subheading
2918.30.90)......
SEC. 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- Free No change No change On or before 12/ ''.
methylphenoxy) 31/2023.......
butyric acid (CAS
No. 94-81-5)
(provided for in
subheading
2918.99.18)......
SEC. 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- Free No change No change On or before 12/ ''.
(2,4- 31/2023.......
dichlorophenoxy)a
cetate (CAS No.
1929-73-3)
(provided for in
subheading
2918.99.20)......
SEC. 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- 4.9% No change No change On or before 12/ ''.
Dichlorophenoxy)a 31/2023.......
cetic acid (CAS
No. 94-75-7)
(provided for in
subheading
2918.99.20)......
SEC. 107232. DIGLYCOLIC ACID 98%.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.20.36 2- Free No change No change On or before 12/ ''.
(Carboxymethoxy)a 31/2023.......
cetic acid
(diglycolic acid)
having a purity
of at least 98
percent (CAS No.
110-99-6)
(provided for in
subheading
2918.99.50)......
SEC. 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- Free No change No change On or before 12/ ''.
Methylpropyl) 31/2023.......
phosphate (CAS
No. 126-71-6)
(provided for in
subheading
2919.90.50)......
SEC. 107234. TRIMETHYLPHOSPHITE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.20.38 Trimethyl Free No change No change On or before 12/ ''.
phosphite (CAS 31/2023.......
No. 121-45-9)
(provided for in
subheading
2920.23.00)......
SEC. 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- Free No change No change On or before 12/ ''.
11-hydroxy-3,7- 31/2023.......
dimethyl-5H-
benzo[d]
[1,3,2]benzodioxa
phosphocine (CAS
No. 73912-21-7)
(provided for in
subheading
2920.90.20)......
SEC. 107236. DIETHYL SULFATE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H599]]
`` 9902.20.40 Diethyl sulfate Free No change No change On or before 12/ ''.
(CAS No. 64-67-5) 31/2023.......
(provided for in
subheading
2920.90.51)......
SEC. 107237. DIETHYL CARBONATE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.20.41 Diethyl carbonate Free No change No change On or before 12/ ''.
(CAS No. 105-58- 31/2023.......
8) (provided for
in subheading
2920.90.51)......
SEC. 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 2.7% No change No change On or before 12/ ''.
carbonate (CAS 31/2023.......
No. 623-53-0)
(provided for in
subheading
2920.90.51)......
SEC. 107239. TETRADECOXYCARBONYLOXY TETRADECYL CARBONATE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.20.43 Tetradecoxycarbony Free No change No change On or before 12/ ''.
loxy tetradecyl 31/2023.......
carbonate (CAS
No. 53220-22-7)
(provided for in
subheading
2920.90.51)......
SEC. 107240. DICETYL PEROXYDICARBONATE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.20.44 Hexadecoxycarbonyl Free No change No change On or before 12/ ''.
oxy hexadecyl 31/2023.......
carbonate (CAS
No. 26322-14-5)
(provided for in
subheading
2920.90.51)......
SEC. 107241. TETRAETHYL SILICATE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.20.45 Tetraethyl Free No change No change On or before 12/ ''.
silicate (CAS No. 31/2023.......
78-10-4)
(provided for in
subheading
2920.90.51)......
SEC. 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- Free No change No change On or before 12/ ''.
Trimethylpentan-2- 31/2023.......
amine (CAS No.
107-45-9)
(provided for in
subheading
2921.19.61)......
SEC. 107243. OCTADECYLAMINE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.20.47 Octadecan-1-amine Free No change No change On or before 12/ ''.
(Octadecylamine) 31/2023.......
(CAS No. 124-30-
1) (provided for
in subheading
2921.19.61)......
SEC. 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)- Free No change No change On or before 12/ ''.
N'-dodecylpropane- 31/2023.......
1,3-diamine (CAS
No. 2372-82-9)
(provided for in
subheading
2921.29.00)......
[[Page H600]]
SEC. 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- Free No change No change On or before 12/ ''.
diamine (CAS No. 31/2023.......
646-25-3)
(provided for in
subheading
2921.29.00)......
SEC. 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- Free No change No change On or before 12/ ''.
diamine (CAS No. 31/2023.......
462-94-2)
(provided for in
subheading
2921.29.00)......
SEC. 107247. DICYCLOHEXYLAMINE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.20.51 N- Free No change No change On or before 12/ ''.
cyclohexylcyclohe 31/2023.......
xanamine (CAS No.
101-83-7)
(provided for in
subheading
2921.30.30)......
SEC. 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 Free No change No change On or before 12/ ''.
hydrochloride 31/2023.......
having a purity
of at least 99
percent (CAS No.
665-66-7)
(provided for in
subheading
2921.30.50)......
SEC. 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- Free No change No change On or before 12/ ''.
Dimethylaniline 31/2023.......
(CAS No. 121-69-
7) (provided for
in subheading
2921.42.10)......
SEC. 107250. PARANITROANILINE (PNA).
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.20.54 p-Nitroaniline Free No change No change On or before 12/ ''.
(CAS No. 100-01- 31/2023.......
6) (provided for
in subheading
2921.42.90)......
SEC. 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- Free No change No change On or before 12/ ''.
nitroaniline 31/2023.......
(Dicloran) (CAS
No. 99-30-9)
(provided for in
subheading
2921.42.90)......
SEC. 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- Free No change No change On or before 12/ ''.
toluidine (CAS 31/2023.......
No. 99-97-8)
(provided for in
subheading
2921.43.08)......
SEC. 107253. PENDIMETHALIN TECHNICAL.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H601]]
`` 9902.20.57 3,4-Dimethyl-2,6- Free No change No change On or before 12/ ''.
dinitro-N-pentan- 31/2023.......
3-ylaniline
(Pendimethalin)
(CAS No. 40487-42-
1) (provided for
in subheading
2921.49.50)......
SEC. 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- Free No change No change On or before 12/ ''.
phenylmethanamine 31/2023.......
(CAS No. 103-83-
3) (provided for
in subheading
2921.49.50)......
SEC. 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- Free No change No change On or before 12/ ''.
Diphenylbenzene- 31/2023.......
1,4-diamine (CAS
No. 74-31-7)
(provided for in
subheading
2921.51.50)......
SEC. 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- Free No change No change On or before 12/ ''.
methyl-5-propan-2- 31/2023.......
ylphenyl)methyl]-
2-methyl-6-propan-
2-ylaniline (CAS
No. 16298-38-7)
(provided for in
subheading
2921.59.40)......
SEC. 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- Free No change No change On or before 12/ ''.
(trifluoromethyl) 31/2023.......
phenyl]-3-
(trifluoromethyl)
aniline (CAS No.
341-58-2)
(provided for in
subheading
2921.59.80)......
SEC. 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- 2.9% No change No change On or before 12/ ''.
methoxypropan-2- 31/2023.......
yl]-6-
methylaniline
(CAS No. 118604-
70-9) (provided
for in subheading
2922.19.60)......
SEC. 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- Free No change No change On or before 12/ ''.
methylaniline 31/2023.......
(CAS No. 120-71-
8) (provided for
in subheading
2922.29.81)......
SEC. 107260. IMINODIACETIC ACID.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.20.64 2- 1% No change No change On or before 12/ ''.
(Carboxymethylami 31/2023.......
no)acetic acid
(CAS No. 142-73-
4) (provided for
in subheading
2922.49.49)......
SEC. 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 2.6% No change No change On or before 12/ ''.
acid (CAS No. 31/2023.......
2432-99-7)
(provided for in
subheading
2922.49.49)......
[[Page H602]]
SEC. 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- Free No change No change On or before 12/ ''.
Aminobutanedioic 31/2023.......
acid;(2S)-2,5-
diaminopentanoic
acid (CAS No.
3230-94-2)
(provided for in
subheading
2922.49.49)......
SEC. 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- Free No change No change On or before 12/ ''.
[bis(carboxymethy 31/2023.......
l)
amino]ethyl]amino
]acetate iron
(CAS No. 12389-75-
2) (provided for
in subheading
2922.49.80)......
SEC. 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-), Free No change No change On or before 12/ ''.
hexaaqua[m- 31/2023.......
(glycinato-kO:
kO')](glycinato-
kO)bis[sulfato(2-
)-kO]di-,
dihydrogen (CAS
No. 536974-51-3)
(provided for in
subheading
2922.49.80)......
SEC. 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-), Free No change No change On or before 12/ ''.
diaqua(glycinato- 31/2023.......
kO)[sulfato(2-)-
kO]-, hydrogen
(CAS No. 536974-
53-5) (provided
for in subheading
2922.49.80)......
SEC. 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-), Free No change No change On or before 12/ ''.
diaqua(glycinato- 31/2023.......
kO)[sulfato(2-)-
kO]-, hydrogen,
(T-4)- (CAS No.
536974-54-6)
(provided for in
subheading
2922.49.80)......
SEC. 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- Free No change No change On or before 12/ ''.
aminoacetate (CAS 31/2023.......
No. 14281-77-7)
(provided for in
subheading
2922.49.80)......
SEC. 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 Free No change No change On or before 12/ ''.
ethylenediaminedi 31/2023.......
hydroxyphenylacet
ic acid (sodium
[[a,a'-
(ethylenediimino)
bis[2-
hydroxybenzene-1-
acetato]](4-
)]ferrate(1-))
(CAS No. 16455-61-
1) (provided for
in subheading
2922.50.35)......
SEC. 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- Free No change No change On or before 12/ ''.
dimethylmethanami 31/2023.......
ne (CAS No. 4637-
24-5) (provided
for in subheading
2922.50.50)......
[[Page H603]]
SEC. 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 Free No change No change On or before 12/ ''.
methylsulfinylmet 31/2023.......
hane (Dimethyl
sulfoxide DMSO)
(CAS No. 67-68-5)
and
tetrabutylammoniu
m fluoride
trihydrate
(tetrabutylazaniu
m;fluoride;trihyd
rate) (CAS No.
87749-50-6)
(60:40) (provided
for in subheading
2923.90.01)......
SEC. 107271. BETAINE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.20.75 Betaine (2- Free No change No change On or before 12/ ''.
(trimethylazanium 31/2023.......
yl)acetate) (CAS
No. 107-43-7)
(provided for in
subheading
2923.90.01)......
SEC. 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 Free No change No change On or before 12/ ''.
of [2-hydroxy-3- 31/2023.......
(trimethylazanium
yl)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)......
SEC. 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- 2% No change No change On or before 12/ ''.
Dimethylacetamide 31/2023.......
(CAS No. 127-19-
5) (provided for
in subheading
2924.19.11)......
SEC. 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- 1.2% No change No change On or before 12/ ''.
Dimethylformamide 31/2023.......
(CAS No. 68-12-2)
(provided for in
subheading
2924.19.11)......
SEC. 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- Free No change No change On or before 12/ ''.
2- 31/2023.......
pentanyl)acrylami
de (CAS No. 2873-
97-4) (provided
for in subheading
2924.19.80)......
SEC. 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- Free No change No change On or before 12/ ''.
glutamine ((2S)-5- 31/2023.......
amino-2-[[(2S)-2-
aminopropanoyl]am
ino]-5-
oxopentanoic
acid) (CAS No.
39537-23-0)
(provided for in
subheading
2924.19.80)......
SEC. 107277. GRANULAR ACRYLAMIDO-TERT-BUTYL SULFONIC ACID
(ATBS).
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H604]]
`` 9902.20.81 Granular 2-methyl- 6% No change No change On or before 12/ ''.
2-(prop-2- 31/2023.......
enoylamino)propan
e-1-sulfonic acid
(CAS No. 15214-89-
8) (provided for
in subheading
2924.19.80)......
SEC. 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 Free No change No change On or before 12/ ''.
hydrate ((2S)-5- 31/2023.......
amino-2-[(2-
aminoacetyl)amino
]-5-oxopentanoic
acid;hydrate)
(CAS No. 211446-
46-7) (provided
for in subheading
2924.19.80)......
SEC. 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- Free No change No change On or before 12/ ''.
fluoro-4- 31/2023.......
(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)......
SEC. 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- Free No change No change On or before 12/ ''.
dichlorophenyl)pr 31/2023.......
opanamide (CAS
No. 709-98-8)
(provided for in
subheading
2924.29.47)......
SEC. 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- 4.4% No change No change On or before 12/ ''.
(1,1,2,2- 31/2023.......
tetrafluoroethoxy
)phenyl]carbamoyl
]-2,6-
difluorobenzamide
(Hexaflumuron)
(CAS No. 86479-06-
3) (provided for
in subheading
2924.29.47)......
SEC. 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- Free No change No change On or before 12/ ''.
butyl-4- 31/2023.......
hydroxyphenyl)-N-
[3-[3-(3,5-ditert-
butyl-4-
hydroxyphenyl)
propanoylamino]pr
opyl]propanamide
(CAS No. 69851-61-
2) (provided for
in subheading
2924.29.71)......
SEC. 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- 6.1% No change No change On or before 12/ ''.
N,3- 31/2023.......
dimethylbenzamide
(CAS No. 890707-
28-5) (provided
for in subheading
2924.29.71)......
SEC. 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 Free No change No change On or before 12/ ''.
dihydrate ((2S)-2- 31/2023.......
[(2-
aminoacetyl)amino
]-3-(4-
hydroxyphenyl)pro
panoic
acid;dihydrate)
(CAS No. 39630-46-
1) (provided for
in subheading
2924.29.71)......
[[Page H605]]
SEC. 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- Free No change No change On or before 12/ ''.
tyrosine ((2S)-2- 31/2023.......
[[(2S)-2-
aminopropanoyl]am
ino]-3-(4-
hydroxyphenyl)pro
panoic acid) (CAS
No. 3061-88-9)
(provided for in
subheading
2924.29.71)......
SEC. 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- Free No change No change On or before 12/ ''.
(methylcarbamoyl) 31/2023.......
anilino]-2-
methylpropanoic
acid (CAS No.
1289942-66-0)
(provided for in
subheading
2924.29.71)......
SEC. 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- Free No change No change On or before 12/ ''.
methylbenzamide 31/2023.......
(CAS No. 749927-
69-3) (provided
for in subheading
2924.29.71)......
SEC. 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- Free No change No change On or before 12/ ''.
2- 31/2023.......
yl)oxycarbonylami
no] cyclobutane-1-
carboxylic acid
(CAS No. 120728-
10-1) (provided
for in subheading
2924.29.95)......
SEC. 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- 3.5% No change No change On or before 12/ ''.
methylpentan-2- 31/2023.......
ylideneamino]naph
thalene-2-
carboxamide (CAS
No. 214417-91-1),
oil treated
(provided for in
subheading
2925.19.42)......
SEC. 107290. GUANIDINE SULFAMATE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.20.94 Guanidine sulfamic Free No change No change On or before 12/ ''.
acid (CAS No. 31/2023.......
50979-18-5)
(provided for in
subheading
2925.29.90)......
SEC. 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- Free No change No change On or before 12/ ''.
trimethyl-5-(2- 31/2023.......
methylpropylidene
amino)cyclohexyl]
methyl]propan-1-
imine (CAS No.
54914-37-3)
(provided for in
subheading
2925.29.90)......
SEC. 107292. 3,4-DIFLUOROBENZONITRILE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H606]]
`` 9902.20.96 3,4- Free No change No change On or before 12/ ''.
Difluorobenzonitr 31/2023.......
ile (CAS No.
64248-62-0)
(provided for in
subheading
2926.90.43)......
SEC. 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- 4.5% No change No change On or before 12/ ''.
N,3- 31/2023.......
dimethylbenzamide
(CAS No. 890707-
29-6) (provided
for in subheading
2926.90.43)......
SEC. 107294. TFMPA.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.20.98 2-[3- Free No change No change On or before 12/ ''.
(Trifluoromethyl) 31/2023.......
phenyl]acetonitri
le (CAS No. 2338-
76-3) (provided
for in subheading
2926.90.48)......
SEC. 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- Free No change No change On or before 12/ ''.
methoxy-2-methyl- 31/2023.......
1-oxopropan-2-
yl)diazenyl]-2-
methylpropanoate
(CAS No. 2589-57-
3) (provided for
in subheading
2927.00.40)......
SEC. 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- Free No change No change On or before 12/ ''.
butyl-4- 31/2023.......
hydroxyphenyl)-N'-
[3-(3,5-ditert-
butyl-4-
hydroxyphenyl)pro
panoyl]propanehyd
razide (CAS No.
32687-78-8)
(provided for in
subheading
2928.00.25)......
SEC. 107297. BENZYL CARBAZATE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.21.02 Benzyl N- Free No change No change On or before 12/ ''.
aminocarbamate 31/2023.......
(CAS No. 5331-43-
1) (provided for
in subheading
2928.00.25)......
SEC. 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- Free No change No change On or before 12/ ''.
dicarbohydrazide 31/2023.......
(CAS No. 2760-98-
7) (provided for
in subheading
2928.00.25)......
SEC. 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- Free No change No change On or before 12/ ''.
Bis(isocyanatomet 31/2023.......
hyl) cyclohexane
(CAS No. 38661-72-
2) (provided for
in subheading
2929.10.55)......
SEC. 107300. ALDICARB.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H607]]
`` 9902.21.05 [(E)-(2-Methyl-2- 2.9% No change No change On or before 12/ ''.
methylsulfanylpro 31/2023.......
pylidene)amino] N-
methylcarbamate
(Aldicarb) (CAS
No. 116-06-3)
(provided for in
subheading
2930.80.00)......
SEC. 107301. FLUBENDIAMIDE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.21.06 1-N-[4- Free No change No change On or before 12/ ''.
(1,1,1,2,3,3,3- 31/2023.......
Heptafluoropropan-
2-yl)-2-
methylphenyl]-3-
iodo-2-N-(2-
methyl-1-
methylsulfonylpro
pan-2-yl)benzene-
1,2-dicarboxamide
(Flubendiamide)
(CAS No. 272451-
65-7) (provided
for in subheading
2930.90.10)......
SEC. 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- Free No change No change On or before 12/ ''.
(methylsulfonyl)b 31/2023.......
enzoyl]-4-
(phenylsulfanyl)b
icyclo[3.2.1]oct-
3-en-2-one
(Benzobicyclon)
(CAS No. 156963-
66-5) (provided
for in subheading
2930.90.10)......
SEC. 107303. DIPHENYLSULFONE (DPS).
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.21.08 Benzenesulfonylben Free No change No change On or before 12/ ''.
zene (CAS No. 127- 31/2023.......
63-9) (provided
for in subheading
2930.90.29)......
SEC. 107304. PHENOLIC ANTIOXIDANT.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.21.09 2,4- Free No change No change On or before 12/ ''.
bis(Dodecylsulfan 31/2023.......
ylmethyl)-6-
methylphenol (CAS
No. 110675-26-8)
(provided for in
subheading
2930.90.29)......
SEC. 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- Free No change No change On or before 12/ ''.
ditert-Butyl-4- 31/2023.......
hydroxyphenyl)pro
panoyloxy]
ethylsulfanyl]eth
yl 3-(3,5-ditert-
butyl-4-
hydroxyphenyl)pro
panoate (CAS No.
41484-35-9)
(provided for in
subheading
2930.90.29)......
SEC. 107306. PHENYLCHLOROTHIOFORMATE (PTCFM).
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.21.11 o-Phenyl Free No change No change On or before 12/ ''.
chloromethanethio 31/2023.......
ate (CAS No. 1005-
56-7) (provided
for in subheading
2930.90.29)......
SEC. 107307. METHYLENE BIS THIOCYANATE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.21.12 Thiocyanatomethyl Free No change No change On or before 12/ ''.
thiocyanate (CAS 31/2023.......
No. 6317-18-6)
(provided for in
subheading
2930.90.30)......
SEC. 107308. OXAMYL.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H608]]
`` 9902.21.13 Methyl (1Z)-2- Free No change No change On or before 12/ ''.
(dimethylamino)-N- 31/2023.......
(methylcarbamoylo
xy)-2-
oxoethanimidothio
ate (CAS No.
23135-22-0)
(provided for in
subheading
2930.90.43)......
SEC. 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- Free No change No change On or before 12/ ''.
[[(2R)-2-amino-2- 31/2023.......
carboxyethyl]disu
lfanyl]propanoic
acid (CAS No. 56-
89-3) (provided
for in subheading
2930.90.49)......
SEC. 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- Free No change No change On or before 12/ ''.
sulfanylpropanoic 31/2023.......
acid (L-cysteine)
(CAS No. 52-90-4)
(provided for in
subheading
2930.90.49)......
SEC. 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- Free No change No change On or before 12/ ''.
Aminopropanoylami 31/2023.......
no)-3-[[2-(2-
aminopropanoylami
no)-2-
carboxyethyl]disu
lfanyl]propanoic
acid (N,N'-bis-L-
alanyl-L-cystine)
(CAS No. 115888-
13-6) (provided
for in subheading
2930.90.49)......
SEC. 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- Free No change No change On or before 12/ ''.
Methylpropoxy)pho 31/2023.......
sphinothioylsulfa
nyl]-2-
methylpropanoic
acid (CAS No.
268567-32-4)
(provided for in
subheading
2930.90.49)......
SEC. 107313. SODIUM BENZENESULFINATE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.21.18 Sodium Free No change No change On or before 12/ ''.
benzenesulfinate 31/2023.......
(CAS No. 873-55-
2) (provided for
in subheading
2930.90.91)......
SEC. 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- Free No change No change On or before 12/ ''.
(Octadecyldisulfa 31/2023.......
nyl)octadecane
(CAS No. 2500-88-
1) (provided for
in subheading
2930.90.91)......
SEC. 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- Free No change No change On or before 12/ ''.
sulfanylpropanoic 31/2023.......
acid;hydrate;hydr
ochloride (CAS
No. 7048-04-6)
(provided for in
subheading
2930.90.91)......
SEC. 107316. DIMERCAPROL.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H609]]
`` 9902.21.21 2,3- Free No change No change On or before 12/ ''.
Bis(sulfanyl)prop 31/2023.......
an-1-ol (CAS No.
59-52-9)
(provided for in
subheading
2930.90.91)......
SEC. 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- Free No change No change On or before 12/ ''.
(phosphonomethyla 31/2023.......
mino)acetic acid
(CAS No. 40465-66-
5) (provided for
in subheading
2931.39.00)......
SEC. 107318. THPC.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.21.23 Tetrakis(hydroxyme Free No change No change On or before 12/ ''.
thyl) phosphonium 31/2023.......
chloride (CAS No.
124-64-1)
(provided for in
subheading
2931.39.00)......
SEC. 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(hydroxyme 1.5% No change No change On or before 12/ ''.
thyl) phosphonium 31/2023.......
sulfate (CAS No.
55566-30-8)
(provided for in
subheading
2931.39.00)......
SEC. 107320. GLYPHOSATE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.21.25 N- 3.5% No change No change On or before 12/ ''.
(Phosphonomethyl) 31/2023.......
glycine
(Glyphosate) (CAS
No. 1071-83-6)
(provided for in
subheading
2931.39.00)......
SEC. 107321. ETHEPHON.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.21.26 (2- 2.4% No change No change On or before 12/ ''.
Chloroethyl)phosp 31/2023.......
honic acid
(Ethephon) (CAS
No. 16672-87-0)
(provided for in
subheading
2931.39.00)......
SEC. 107322. BENZENE PHOSPHINIC ACID.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.21.27 Phenylphosphinic Free No change No change On or before 12/ ''.
acid (CAS No. 31/2023.......
1779-48-2)
(provided for in
subheading
2931.39.00)......
SEC. 107323. HEDP.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.21.28 Tetrasodium;1,1- Free No change No change On or before 12/ ''.
diphosphonatoetha 31/2023.......
nol (CAS No. 3794-
83-0), in granule
form, with a
particle size of
250 mm to 850 mm
(provided for in
subheading
2931.39.00)......
SEC. 107324. TRIMETHYLCHLOROSILANE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.21.29 Chloro(trimethyl)s Free No change No change On or before 12/ ''.
ilane (CAS No. 75- 31/2023.......
77-4) (provided
for in subheading
2931.90.90)......
[[Page H610]]
SEC. 107325. CHLORO-(CHLOROMETHYL)-DIMETHYLSILANE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.21.30 Chloro- Free No change No change On or before 12/ ''.
(chloromethyl)- 31/2023.......
dimethylsilane
(CAS No. 1719-57-
9) (provided for
in subheading
2931.90.90)......
SEC. 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(trimethy Free No change No change On or before 12/ ''.
lsilyloxy) 31/2023.......
silyl]oxy-
dimethyl-
trimethylsilyloxy
silane (CAS No.
141-62-8)
(provided for in
subheading
2931.90.90)......
SEC. 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 Dodecamethylpentas Free No change No change On or before 12/ ''.
iloxane; 31/2023.......
bis[[dimethyl
(trimethylsilylox
y)silyl]oxy]-
dimethylsilane
(CAS No. 141-63-
9) (provided for
in subheading
2931.90.90)......
SEC. 107328. VINYLTRIMETHOXYSILANE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.21.33 Ethenyl(trimethoxy Free No change No change On or before 12/ ''.
)silane (CAS No. 31/2023.......
2768-02-7)
(provided for in
subheading
2931.90.90)......
SEC. 107329. N-OCTYLTRIETHOXYSILANE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.21.34 Triethoxy(octyl)si Free No change No change On or before 12/ ''.
lane (CAS No. 31/2023.......
2943-75-1)
(provided for in
subheading
2931.90.90)......
SEC. 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- Free No change No change On or before 12/ ''.
ylamino)- 31/2023.......
dimethylsilyl]but
an-2-amine (CAS
No. 93777-98-1)
(provided for in
subheading
2931.90.90)......
SEC. 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; Free No change No change On or before 12/ ''.
methyl(trioxido)s 31/2023.......
ilane in aqueous
solution (CAS No.
31795-24-1)
(provided for in
subheading
2931.90.90)......
SEC. 107332. OCTYLTRIMETHOXYSILANE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H611]]
`` 9902.21.37 Trimethoxy(2,4,4- Free No change No change On or before 12/ ''.
trimethylpentyl)s 31/2023.......
ilane (CAS No.
34396-03-7)
(provided for in
subheading
2931.90.90)......
SEC. 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- Free No change No change On or before 12/ ''.
trimethylpentyl)s 31/2023.......
ilane (CAS No.
35435-21-3)
(provided for in
subheading
2931.90.90)......
SEC. 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- Free No change No change On or before 12/ ''.
ylamino)- 31/2023.......
methylsilyl]butan-
2-amine (CAS No.
37697-65-7)
(provided for in
subheading
2931.90.90)......
SEC. 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)- Free No change No change On or before 12/ ''.
butan-2- 31/2023.......
ylideneamino]oxy]-
methylsilyl]oxybu
tan-2-imine (CAS
No. 22984-54-9)
(provided for in
subheading
2931.90.90)......
SEC. 107336. HEPTAMETHYLTRISILOXANE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.21.42 Methyl- Free No change No change On or before 12/ ''.
bis(trimethylsily 31/2023.......
loxy)silicon (CAS
No. 1873-88-7)
(provided for in
subheading
2931.90.90)......
SEC. 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- 1% No change No change On or before 12/ ''.
Tetramethyldisilo 31/2023.......
xane (CAS No.
3277-26-7)
(provided for in
subheading
2931.90.90)......
SEC. 107338. DIMETHYLCHLOROSILANE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.21.44 Chloro(dimethyl)si Free No change No change On or before 12/ ''.
licon (CAS No. 31/2023.......
1066-35-9)
(provided for in
subheading
2931.90.90)......
SEC. 107339. DICHLOROMETHYLSILANE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.21.45 Dichloromethylsila Free No change No change On or before 12/ ''.
ne (CAS No. 75-54- 31/2023.......
7) (provided for
in subheading
2931.90.90)......
SEC. 107340. TRIS(TFP)-METHYLCYCLO-TRISILOXANE DR.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H612]]
`` 9902.21.46 2,4,6-Trimethyl- Free No change No change On or before 12/ ''.
2,4,6-tris(3,3,3- 31/2023.......
trifluoropropyl)-
1,3,5,2,4,6-
trioxatrisilinane
(CAS No. 2374-14-
3) (provided for
in subheading
2931.90.90)......
SEC. 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- Free No change No change On or before 12/ ''.
Tetrakis(ethenyl)- 31/2023.......
2,4,6,8-
tetramethyl-
1,3,5,7,2,4,6,8-
tetraoxatetrasilo
cane (CAS No.
2554-06-5)
(provided for in
subheading
2931.90.90)......
SEC. 107342. DIVINYLTETRAMETHYLDISILOXANE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.21.48 Ethenyl- Free No change No change On or before 12/ ''.
[ethenyl(dimethyl 31/2023.......
)silyl]oxy-
dimethylsilane
(CAS No. 2627-95-
4) (provided for
in subheading
2931.90.90)......
SEC. 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- Free No change No change On or before 12/ ''.
(butyldimethylsil 31/2023.......
yl)-1-methyl-, 1-
metanasulfonate
(CAS No. 1446996-
86-6) (provided
for in subheading
2931.90.90)......
SEC. 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- Free No change No change On or before 12/ ''.
dimethylfuran-3- 31/2023.......
one (CAS No. 3658-
77-3) (provided
for in subheading
2932.19.51)......
SEC. 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"- 5.3% No change No change On or before 12/ ''.
(methylamino)aver 31/2023.......
mectin b1
benzoate (CAS No.
155569-91-8)
(provided for in
subheading
2932.20.10)......
SEC. 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, 1.9% No change No change On or before 12/ ''.
10R,11S,12S)-5,12- 31/2023.......
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)......
SEC. 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- Free No change No change On or before 12/ ''.
methylprop-1- 31/2023.......
enyl)oxane (CAS
No. 16409-43-1)
(provided for in
subheading
2932.99.90)......
SEC. 107348. VINYLENE CARBONATE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H613]]
`` 9902.21.54 1,3-Dioxol-2-one 0.5% No change No change On or before 12/ ''.
(CAS No. 872-36- 31/2023.......
6) (provided for
in subheading
2932.99.90)......
SEC. 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- Free No change No change On or before 12/ ''.
[(2R,3S,5S,6R)-5- 31/2023.......
amino-2-methyl-6-
[(2S,3S,5S,6R)-
2,3,4,5,6-
pentahydroxycyclo
hexyl]oxyoxan-3-
yl]iminoacetic
acid;hydrochlorid
e (CAS No. 19408-
46-9) (provided
for in subheading
2932.99.90)......
SEC. 107350. 2H-CYCLODODECA[B]PYRAN.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.21.56 3,4,5,6,7,8,9,10,1 1% No change No change On or before 12/ ''.
1,12,13,14- 31/2023.......
Dodecahydro-2H-
cyclododeca[b]pyr
an (CAS No. 32539-
83-6) (provided
for in subheading
2932.99.90)......
SEC. 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- 2.6% No change No change On or before 12/ ''.
Dichlorophenyl)-4- 31/2023.......
fluorophenyl]-3-
(difluoromethyl)-
1-methylpyrazole-
4-carboxamide
(CAS No. 581809-
46-3) (provided
for in subheading
2933.19.23)......
SEC. 107352. FLUXAPYROXAD.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.21.58 3-(Difluoromethyl)- 5.7% No change No change On or before 12/ ''.
1-methyl-N- 31/2023.......
(3',4',5'-
trifluorobiphe-
nyl-2-yl)pyrazole-
4-carboxamide
(Fluxapyroxad)
(CAS No. 907204-
31-3) (provided
for in subheading
2933.19.23)......
SEC. 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- Free No change No change On or before 12/ ''.
pyrazole (CAS No. 31/2023.......
67-51-6)
(provided for in
subheading
2933.19.90)......
SEC. 107354. PYRACLONIL.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.21.60 1-(3-Chloro- Free No change No change On or before 12/ ''.
4,5,6,7- 31/2023.......
tetrahydropyrazol
o[1,5-a]pyridin-2-
yl)-5-
[methyl(prop-2-
ynyl)amino]pyrazo
le-4-carbonitrile
(Pyraclonil) (CAS
No. 158353-15-2)
(provided for in
subheading
2933.19.90)......
SEC. 107355. IMIDAZOLIDINYL UREA.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.21.61 1-[3- Free No change No change On or before 12/ ''.
(Hydroxymethyl)- 31/2023.......
2,5-
dioxoimidazolidin-
4-yl]-3-[[[3-
(hydroxymethyl)-
2,5-
dioxoimidazolidin-
4-yl]
carbamoylamino]me
thyl]urea (CAS
No. 39236-46-9)
(provided for in
subheading
2933.21.00)......
SEC. 107356. ALLANTOIN.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H614]]
`` 9902.21.62 (2,5- Free No change No change On or before 12/ ''.
Dioxoimidazolidin- 31/2023.......
4-yl)urea (CAS
No. 97-59-6)
(provided for in
subheading
2933.21.00)......
SEC. 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- Free No change No change On or before 12/ ''.
(allyloxy)-2-(2,4- 31/2023.......
dichlorophenyl)et
hyl]-1H-
imidazole)
(Imazalil) (CAS
No. 35554-44-0)
and application
adjuvants
(provided for in
subheading
2933.29.35)......
SEC. 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- 3.1% No change No change On or before 12/ ''.
N,N-dimethyl-5-(4- 31/2023.......
methylphenyl)imid
azole-1-
sulfonamide
(Cyazofamid) (CAS
No. 120116-88-3)
(provided for in
subheading
2933.29.35)......
SEC. 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- Free No change No change On or before 12/ ''.
Dichlorophenyl)-2- 31/2023.......
(prop-2-en-1-
yloxy)ethyl]-1H-
imidazole sulfate
(Imazalil
sulfate) (CAS No.
58594-72-2)
(provided for in
subheading
2933.29.35)......
SEC. 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- Free No change No change On or before 12/ ''.
Dimethylimidazole 31/2023.......
(CAS No. 1739-84-
0) (provided for
in subheading
2933.29.90)......
SEC. 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- Free No change No change On or before 12/ ''.
imidazole (CAS 31/2023.......
No. 693-98-1)
(provided for in
subheading
2933.29.90)......
SEC. 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- Free No change No change On or before 12/ ''.
Bis(hydroxymethyl 31/2023.......
)-2,5-
dioxoimidazolidin-
4-yl]-1,3-
bis(hydroxymethyl
)urea (CAS No.
78491-02-8)
(provided for in
subheading
2933.29.90)......
SEC. 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- Free No change No change On or before 12/ ''.
Aminoethyl)imidaz 31/2023.......
olidin-2-one (CAS
No. 6281-42-1)
(provided for in
subheading
2933.29.90)......
SEC. 107364. ZINC PYRITHIONE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H615]]
`` 9902.21.70 Zinc;1- Free No change No change On or before 12/ ''.
oxidopyridin-1- 31/2023.......
ium-2-thiolate
(CAS No. 13463-41-
7) (provided for
in subheading
2933.39.21)......
SEC. 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- Free No change No change On or before 12/ ''.
methoxy-4-methyl- 31/2023.......
3-pyridyl)(4,5,6-
trimethoxy-o-
tolyl)methanone
(Pyriofenone)
(CAS No. 688046-
61-9) (provided
for in subheading
2933.39.21)......
SEC. 107366. PICOXYSTROBIN.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.21.72 Methyl (E)-3- 5.2% No change No change On or before 12/ ''.
methoxy-2-[2-[[6- 31/2023.......
(trifluoromethyl)
pyridin-2-
yl]oxymethyl]phen
yl]prop-2-enoate
(Picoxystrobin)
(CAS No. 117428-
22-5) (provided
for in subheading
2933.39.21)......
SEC. 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- 1.6% No change No change On or before 12/ ''.
(3,5,6- 31/2023.......
trichloropyridin-
2-yl)oxyacetate
(CAS No. 64700-56-
7) (provided for
in subheading
2933.39.25)......
SEC. 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- Free No change No change On or before 12/ ''.
4-propan-2-yl-1H- 31/2023.......
imidazol-2-
yl)pyridine-3-
carboxylic acid
(Imazapyr) (CAS
No. 81334-34-1)
(provided for in
subheading
2933.39.25)......
SEC. 107369. TETRANILIPROLE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.21.75 2-(3-Chloropyridin- Free No change No change On or before 12/ ''.
2-yl)-N-[4-cyano- 31/2023.......
2-methyl-6-
(methylcarbamoyl)
phenyl]-5-[[5-
(trifluoromethyl)
tetrazol-2-
yl]methyl]pyrazol
e-3-carboxamide
(CAS No. 1229654-
66-3) (provided
for in subheading
2933.39.27)......
SEC. 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- 3.1% No change No change On or before 12/ ''.
chloropyridin-2- 31/2023.......
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)......
SEC. 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- 4.8% No change No change On or before 12/ ''.
chloro-2-methyl-6- 31/2023.......
(methylcarbamoyl)
phenyl]-2-(3-
chloropyridin-2-
yl)pyrazole-3-
carboxamide
(Chlorantranilipr
ole) (CAS No.
500008-45-7)
(provided for in
subheading
2933.39.27)......
SEC. 107372. CHLORPYRIFOS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H616]]
`` 9902.21.78 O,O-Diethyl O- Free No change No change On or before 12/ ''.
3,5,6- 31/2023.......
trichloropyridin-
2-yl
phosphorothioate
(Chlorpyrifos)
(CAS No. 2921-88-
2) (provided for
in subheading
2933.39.27)......
SEC. 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- Free No change No change On or before 12/ ''.
4-chloro-6-[[(1- 31/2023.......
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)......
SEC. 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- Free No change No change On or before 12/ ''.
(trifluoromethyl) 31/2023.......
phenyl]carbamoyla
mino]-3-
fluorophenoxy]-N-
methylpyridine-2-
carboxamide
monohydrate
(Regorafenib)
(CAS No. 1019206-
88-2) (provided
for in subheading
2933.39.41)......
SEC. 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- Free No change No change On or before 12/ ''.
tetramethylpiperi 31/2023.......
din-4-amine (CAS
No. 36177-92-1)
(provided for in
subheading
2933.39.61)......
SEC. 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- Free No change No change On or before 12/ ''.
pentamethylpiperi 31/2023.......
din-4-yl) 2-butyl-
2-[(3,5-ditert-
butyl-4-
hydroxyphenyl)met
hyl]propanedioate
(CAS No. 63843-89-
0) (provided for
in subheading
2933.39.61)......
SEC. 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- Free No change No change On or before 12/ ''.
tetramethylpiperi 31/2023.......
dinoxyl (CAS No.
2226-96-2)
(provided for in
subheading
2933.39.61)......
SEC. 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- Free No change No change On or before 12/ ''.
Tetramethylpiperi 31/2023.......
din-4-ol (CAS No.
2403-88-5)
(provided for in
subheading
2933.39.61)......
SEC. 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- 6.4% No change No change On or before 12/ ''.
chloropyridin-2- 31/2023.......
yl)pyrazole-3-
carboxylic acid
(CAS No. 500011-
86-9) (provided
for in subheading
2933.39.61)......
[[Page H617]]
SEC. 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- Free No change No change On or before 12/ ''.
(trifluoromethyl) 31/2023.......
pyridine (CAS No.
52334-81-3)
(provided for in
subheading
2933.39.61)......
SEC. 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- Free No change No change On or before 12/ ''.
[[(Z)-[(1- 31/2023.......
methyltetrazol-5-
yl)-
phenylmethylidene
]amino]oxymethyl]
pyridin-2-
yl]carbamate (CAS
No. 500207-04-5)
(provided for in
subheading
2933.39.61)......
SEC. 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- 3.5% No change No change On or before 12/ ''.
(trifluoromethyl) 31/2023.......
pyridine-2-
carbonitrile
(T3630) (CAS No.
573762-62-6)
(provided for in
subheading
2933.39.61)......
SEC. 107383. DEXTROMETHORPHAN HYDROBROMIDE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.21.89 Dextromethorphan Free No change No change On or before 12/ ''.
hydrobromide 31/2023.......
(monohydrate (CAS
No. 6700-34-1) or
anhydrous (CAS
No. 125-69-9))
(provided for in
subheading
2933.49.26)......
SEC. 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- Free No change No change On or before 12/ ''.
2-methylquinolin- 31/2023.......
3-yl)oxy-6-
fluorophenyl]prop
an-2-ol (CAS No.
1314008-27-9)
(provided for in
subheading
2933.49.30)......
SEC. 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- Free No change No change On or before 12/ ''.
Tetrahydroquinoli 31/2023.......
ne (CAS No. 635-
46-1) (provided
for in subheading
2933.49.70)......
SEC. 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- Free No change No change On or before 12/ ''.
(4,6- 31/2023.......
dimethoxypyrimidi
n-2-
yl)sulfanylbenzoa
te (CAS No.
123343-16-8)
(provided for in
subheading
2933.59.10)......
SEC. 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- Free No change No change On or before 12/ ''.
(2,5- 31/2023.......
Difluorophenyl)py
rrolidin-1-
yl]pyrazolo[1,5-
a]pyrimidin-3-yl]-
3-
hydroxypyrrolidin
e-1-carboxamide
sulfuric acid
(Larotrectinib
sulfate) (CAS No.
1223405-08-0)
(provided for in
subheading
2933.59.53)......
[[Page H618]]
SEC. 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- 5.1% No change No change On or before 12/ ''.
3-(4- 31/2023.......
phenoxyphenyl)pyr
azolo[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)......
SEC. 107389. ORTHOSULFAMURON.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.21.95 1-(4,6- Free No change No change On or before 12/ ''.
Dimethoxypyrimidi 31/2023.......
n-2-yl)-3-[2-
(dimethylcarbamoy
l)phenylsulfamoyl
]urea
(Orthosulfamuron)
(CAS No. 213464-
77-8) (provided
for in subheading
2933.59.95)......
SEC. 107390. 5-BROMOPYRIMIDINE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.21.96 5-Bromopyrimidine Free No change No change On or before 12/ ''.
(CAS No. 4595-59- 31/2023.......
9) (provided for
in subheading
2933.59.95)......
SEC. 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- 1% No change No change On or before 12/ ''.
butyl-3- 31/2023.......
sulfanylidene-2H-
1,2,4-triazin-5-
one (Butylthion)
(CAS No. 33509-43-
2) (provided for
in subheading
2933.69.60)......
SEC. 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- Free No change No change On or before 12/ ''.
dimethylphenyl)- 31/2023.......
1,3,5-triazin-2-
yl]benzene-1,3-
diol (P-1062)
(CAS No. 1668-53-
7) (provided for
in subheading
2933.69.60)......
SEC. 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- 3.3% No change No change On or before 12/ ''.
[2-chloro-5-[4- 31/2023.......
(difluoromethyl)-
3-methyl-5-oxo-
1,2,4-triazol-1-
yl]-4-
fluorophenyl]prop
anoate
(Carfentrazone-
ethyl) (CAS No.
128639-02-1)
(provided for in
subheading
2933.99.22)......
SEC. 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- Free No change No change On or before 12/ ''.
yl)-6-(2- 31/2023.......
phenylpropan-2-
yl)-4-(2,4,4-
trimethylpentan-2-
yl)phenol (CAS
No. 73936-91-1)
(provided for in
subheading
2933.99.79)......
SEC. 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- Free No change No change On or before 12/ ''.
(benzotriazol-2- 31/2023.......
yl)-5-tert-butyl-
4-
hydroxyphenyl]pro
panoate (CAS No.
84268-33-7)
(provided for in
subheading
2933.99.79)......
[[Page H619]]
SEC. 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- Free No change No change On or before 12/ ''.
Chlorophenyl)-2,2- 31/2023.......
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)......
SEC. 107397. VCMMAE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.22.04 [4-[[(2S)-5- Free No change No change On or before 12/ ''.
(Carbamoylamino)- 31/2023.......
2-[[(2S)-2-[6-
(2,5-dioxopyrrol-
1-
yl)hexanoylamino]-
3-
methylbutanoyl]am
ino]
pentanoyl]amino]p
henyl]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]pyrroli
din-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)......
SEC. 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- Free No change No change On or before 12/ ''.
yl)-6-[[3- 31/2023.......
(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)......
SEC. 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- Free No change No change On or before 12/ ''.
Aminoacetyl)-2- 31/2023.......
methylpyrrolidine-
2-
carbonyl]amino]pe
ntanedioic acid
(Trofinetide)
(CAS No. 853400-
76-7) (provided
for in subheading
2933.99.90)......
SEC. 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- Free No change No change On or before 12/ ''.
(trifluoromethyl)- 31/2023.......
1,3-thiazole-5-
carboxylate (CAS
No. 72850-64-7)
(provided for in
subheading
2934.10.10)......
SEC. 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- 5.5% No change No change On or before 12/ ''.
Difluorophenyl)- 31/2023.......
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)......
SEC. 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- Free No change No change On or before 12/ ''.
thiazol-3-one 31/2023.......
(CAS No. 2682-20-
4) (provided for
in subheading
2934.10.90)......
SEC. 107403. RUBBER ACCELERATOR.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H620]]
`` 9902.22.10 2-(1,3- 2.5% No change No change On or before 12/ ''.
Benzothiazol-2- 31/2023.......
yldisulfanyl)-1,3-
benzothiazole
(CAS No. 120-78-
5) (provided for
in subheading
2934.20.10)......
SEC. 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- Free No change No change On or before 12/ ''.
amine (CAS No. 31/2023.......
136-95-8)
(provided for in
subheading
2934.20.80)......
SEC. 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- Free No change No change On or before 12/ ''.
methyl-1-(2- 31/2023.......
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)......
SEC. 107406. CLOMAZONE TECHNICAL.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.22.13 2-[(2- 5.5% No change No change On or before 12/ ''.
Chlorophenyl)meth 31/2023.......
yl]-4,4-dimethyl-
1,2-oxazolidin-3-
one (Clomazone)
(CAS No. 81777-89-
1) (provided for
in subheading
2934.99.15)......
SEC. 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)- Free No change No change On or before 12/ ''.
4-oxobutanoic 31/2023.......
acid-4-
ethylmorpholine
(2:1) (CAS No.
171054-89-0)
(provided for in
subheading
2934.99.39)......
SEC. 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- Free No change No change On or before 12/ ''.
methylthiophene- 31/2023.......
2,4-
dicarbonitrile
(CAS No. 52603-48-
2) (provided for
in subheading
2934.99.39)......
SEC. 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- Free No change No change On or before 12/ ''.
(dimethylamino)-1- 31/2023.......
(4-morpholin-4-
ylphenyl)butan-1-
one (CAS No.
119313-12-1)
(provided for in
subheading
2934.99.39)......
SEC. 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- Free No change No change On or before 12/ ''.
2,4(1H)-dione 31/2023.......
(Isatoic
anhydride) (CAS
No. 118-48-9)
(provided for in
subheading
2934.99.44)......
SEC. 107411. OCLACITINIB MALEATE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H621]]
`` 9902.22.18 (Z)-But-2-enedioic 5.2% No change No change On or before 12/ ''.
acid; N-methyl-1- 31/2023.......
[4-[methyl(7H-
pyrrolo[2,3-
d]pyrimidin-4-
yl)amino]cyclohex
yl]
methanesulfonamid
e (CAS No.
1208319-27-0)
(provided for in
subheading
2935.90.60)......
SEC. 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- Free No change No change On or before 12/ ''.
methoxy-4-methyl- 31/2023.......
5-oxo-1,2,4-
triazole-1-
carbonyl)sulfamoy
l]-5-
methylthiophene-3-
carboxylate
(Thiencarbazone-
methyl) (CAS No.
317815-83-1)
(provided for in
subheading
2935.90.75)......
SEC. 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- Free No change No change On or before 12/ ''.
Difluoroethoxy)-N- 31/2023.......
(5,8-dimethoxy-
[1,2,4]triazolo[1
,5-c]pyrimidin-2-
yl)-6-
(trifluoromethyl)
benzenesulfonamid
e (Penoxsulam)
(CAS No. 219714-
96-2) (provided
for in subheading
2935.90.75)......
SEC. 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- Free No change No change On or before 12/ ''.
(Aminosulfonyl)be 31/2023.......
nzoate (CAS No.
59777-72-9)
(provided for in
subheading
2935.90.75)......
SEC. 107415. SULFOSULFURON.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.22.22 1-(4,6- Free No change No change On or before 12/ ''.
Dimethoxypyrimidi 31/2023.......
n-2-yl)-3-(2-
ethylsulfonylimid
azo[1,2-a]pyridin-
3-yl)sulfonylurea
(Sulfosulfuron)
(CAS No. 141776-
32-1) (provided
for in subheading
2935.90.75)......
SEC. 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- Free No change No change On or before 12/ ''.
dimethoxypyrimidi 31/2023.......
n-2-
yl)(hydroxy)methy
l]-1,1-difluoro-
6'-
(methoxymethyl)me
thanesulfonanilid
e (Pyrimisulfan)
(CAS No. 221205-
90-9) (provided
for in subheading
2935.90.95)......
SEC. 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 2.5% No change No change On or before 12/ ''.
glycosides, 31/2023.......
containing not
less than 95
percent by weight
rebaudioside A
(19-O-+-
glucopyranosyl-13-
O-(+-
glucopyranosyl(1-
2)-+-
glucopyranosyl(1-
3))-+-
glucopyranosyl-13-
hydroxykaur-16-en-
19-oic acid) (CAS
No. 58543-16-1)
(provided for in
subheading
2938.90.00)......
SEC. 107418. GLUCOSYLATED STEVIOL GLYCOSIDES.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H622]]
`` 9902.22.25 13-[(2-O-b-D- Free No change No change On or before 12/ ''.
Glucopyranosyl-a- 31/2023.......
D-
glucopyranosyl)ox
y]kaur-16-en-18-
oic acid b-D-
glucopyranosyl
ester
(Stevioside) (CAS
No. 57817-89-7)
(provided for in
subheading
2938.90.00)......
SEC. 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)- Free No change No change On or before 12/ ''.
g-cyclodextrin 31/2023.......
(hydroxypropylate
d g-cyclodextrin)
(CAS No. 128446-
34-4) (provided
for in subheading
2940.00.60)......
SEC. 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-b- 1% No change No change On or before 12/ ''.
cyclodextrin (CAS 31/2023.......
No. 128446-35-5)
(provided for in
subheading
2940.00.60)......
SEC. 107421. METHYL BETA CYCLODEXTRIN.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.22.28 Methyl b- Free No change No change On or before 12/ ''.
cyclodextrin (CAS 31/2023.......
No. 128446-36-6)
(provided for in
subheading
2940.00.60)......
SEC. 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- Free No change No change On or before 12/ ''.
[(2S,3R,4S,5R,6R)- 31/2023.......
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-
tetrahydroxyhexan
al (2'-
Fucosyllactose)
(CAS No. 41263-94-
9) (provided for
in subheading
2940.00.60)......
SEC. 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- Free No change No change On or before 12/ ''.
Dihydroxyethyl]-3- 31/2023.......
hydroxy-4-
[(2R,3R,4S,5S,6R)-
3,4,5-trihydroxy-
6-
(hydroxymethyl)ox
an-2-yl]oxy-2H-
furan-5-one
(Ascorbyl
glucoside) (CAS
No. 129499-78-1)
(provided for in
subheading
2940.00.60)......
SEC. 107424. DIMETHYLAMINE BORANE (DMAB).
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.22.31 N- Free No change No change On or before 12/ ''.
Methylmethanamine- 31/2023.......
borane (1:1) (CAS
No. 74-94-2)
(provided for in
subheading
2942.00.50)......
SEC. 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 Free No change No change On or before 12/ ''.
concentrate (CAS 31/2023.......
No. 84603-58-7)
(provided for in
subheading
3203.00.80)......
[[Page H623]]
SEC. 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 Free No change No change On or before 12/ ''.
241 (5-[(3,4- 31/2023.......
Dichlorophenyl)di
azenyl]-2-hydroxy-
1,4-dimethyl-6-
oxopyridine-3-
carbonitrile)
(CAS No. 83249-52-
9) (provided for
in subheading
3204.11.35)......
SEC. 107427. DISPERSE ORANGE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.22.34 Disperse Orange Free No change No change On or before 12/ ''.
(Acetic acid, 31/2023.......
cyano-[3-[(6-
methoxy-2-
benzothiazoyl)ami
no]-1H-isoindol-1-
ylidene}-, pentyl
ester) (CAS No.
173285-74-0)
(provided for in
subheading
3204.11.35)......
SEC. 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 Free No change No change On or before 12/ ''.
Disperse Yellow 31/2023.......
FD11843 (acetic
acid, 2-[3-(2-
benzothiazolylami
no)-1H-isoindol-1-
ylidene]-2-cyano-
, butyl ester
(CAS No. 173285-
73-9)) and acetic
acid, [3-(2-
benzothiazolylami
no)-1H-isoindol-1-
ylidene]cyano-, 2-
butoxyethyl ester
(CAS No. 173285-
94-4) (provided
for in subheading
3204.11.35)......
SEC. 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 Free No change No change On or before 12/ ''.
(1-Anilino-4,8- 31/2023.......
dihydroxy-5-
nitroanthracene-
9,10-dione) (CAS
No. 37203-97-7)
(provided for in
subheading
3204.11.35)......
SEC. 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- Free No change No change On or before 12/ ''.
anthracenedione, 31/2023.......
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-
pyridinecarbonitr
ile, 5-[2-(2-
cyano-4-
nitrophenyl)diaze
nyl]-2-[[2-(2-
hydroxyethoxy)eth
yl]amino]-4-
methyl-6-
(phenylamino)-
(Disperse Red
1042A) (CAS No.
149988-44-3) and
3-
pyridinecarbonitr
ile, 5-[2-(2-
cyano-4-
nitrophenyl)diaze
nyl]-6-[[2-(2-
hydroxyethoxy)eth
yl]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)benzam
ide (Disperse
Yellow 198) (CAS
No. 30449-81-1);
4,11-diamino-2-(3-
methoxypropyl)nap
htho[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)pro
pyl]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)......
SEC. 107431. MIXTURES OF 4 DISPERSE BLUE DYES.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H624]]
`` 9902.22.38 Disperse dye Free No change No change On or before 12/ ''.
mixtures of 31/2023.......
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)nap
htho[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)pro
pyl]-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)......
SEC. 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 Free No change No change On or before 12/ ''.
mixtures of 31/2023.......
Solvent Yellow
163 (1,8-
bis(phenylsulfany
l) anthracene-
9,10-dione) (CAS
No. 13676-91-0);
Disperse Yellow
FD11843 (acetic
acid, 2-[3-(2-
benzothiazolylami
no)-1H-isoindol-1-
ylidene]-2-cyano-
, butyl ester)
(CAS No. 173285-
73-9)); acetic
acid, [3-(2-
benzothiazolylami
no)-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)am
ino]-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)diaze
nyl]anilino]
propanenitrile)
(CAS No. 67923-43-
7) (provided for
in subheading
3204.11.35)......
SEC. 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- Free No change No change On or before 12/ ''.
(4-Amino-3- 31/2023.......
methoxy-9,10-
dioxoanthracen-1-
yl)-4-
methylbenzenesulf
onamide) (CAS No.
81-68-5)
(provided for in
subheading
3204.11.50)......
SEC. 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 Free No change No change On or before 12/ ''.
(1,4- 31/2023.......
Diaminoanthracene-
9,10-dione) (CAS
No. 128-95-0)
(provided for in
subheading
3204.11.50)......
SEC. 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 Free No change No change On or before 12/ ''.
(4,11-Diamino-2- 31/2023.......
(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)......
SEC. 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 Free No change No change On or before 12/ ''.
mixtures of 31/2023.......
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)diaze
nyl]
anilino]ethyl
acetate) (CAS No.
1533-78-4);
Disperse Blue 56
(1,8-diamino-2-
bromo-4,5-
dihydroxyanthrace
ne-9,10-dione)
(CAS No. 68134-65-
6) and acetic
acid, 2-[3-(2-
benzothiazolylami
no)-1H-isoindol-1-
ylidene]-2-cyano-
, 2-butoxyethyl
ester (CAS No.
173285-94-4)
(provided for in
subheading
3204.11.50)......
SEC. 107437. DISPERSE YELLOW 54.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H625]]
`` 9902.22.44 Disperse Yellow 54 Free No change No change On or before 12/ ''.
(3-Hydroxy-2-(3- 31/2023.......
hydroxyquinolin-2-
yl)inden-1-one)
(CAS No. 17772-51-
9) (provided for
in subheading
3204.11.50)......
SEC. 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 Free No change No change On or before 12/ ''.
(Disodium 3-[[4- 31/2023.......
amino-9,10-dioxo-
3-[2-sulfonato-4-
(2,4,4-
trimethylpentan-2-
yl)phenoxy]anthra
cen-1-yl]amino]-
2,4,6-
trimethylbenzenes
ulfonate) (CAS
No. 12220-51-8)
(provided for in
subheading
3204.12.17)......
SEC. 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 Free No change No change On or before 12/ ''.
(Sodium 2-[[4- 31/2023.......
(cyclohexylamino)-
9,10-
dioxoanthracen-1-
yl]amino]-5-
ethoxybenzenesulf
onate) (CAS No.
68214-62-0)
(provided for in
subheading
3204.12.20)......
SEC. 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 Free No change No change On or before 12/ ''.
(Disodium;chromiu 31/2023.......
m(3+);5-methyl-4-
[(5-nitro-2-
oxidophenyl)diaze
nyl]-2-
phenylpyrazol-3-
olate;[7-nitro-3-
oxido-4-[(2-oxido-
1,4-
dihydronaphthalen-
1-
yl)diazenyl]napht
halen-1-yl]
sulfate) (CAS No.
70236-60-1)
(provided for in
subheading
3204.12.20)......
SEC. 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 Free No change No change On or before 12/ ''.
No. 12234-99-0) 31/2023.......
(provided for in
subheading
3204.12.20)......
SEC. 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 Free No change No change On or before 12/ ''.
(Disodium 3-[(5- 31/2023.......
chloro-2-
phenoxyphenyl)dia
zenyl]-4-hydroxy-
5-[(4-
methylphenyl)sulf
onylamino]naphtha
lene-2,7-
disulfonate) (CAS
No. 6416-66-6)
(provided for in
subheading
3204.12.20)......
SEC. 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 Free No change No change On or before 12/ ''.
(CAS No. 77907-21- 31/2023.......
2) (provided for
in subheading
3204.12.45)......
SEC. 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 Free No change No change On or before 12/ ''.
No. 146103-68-6) 31/2023.......
(provided for in
subheading
3204.12.45)......
SEC. 107445. ACID YELLOW 220.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H626]]
`` 9902.22.52 Acid Yellow 220 Free No change No change On or before 12/ ''.
(tetrasodium;2- 31/2023.......
[[3-[[(Z)-1-(2-
chloroanilino)-3-
oxido-1-oxobut-2-
en-2-yl]diazenyl]-
4-
oxidophenyl]sulfo
nylamino]benzoate
; cobalt(2+))
(CAS No. 70851-34-
2) (provided for
in subheading
3204.12.45)......
SEC. 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 Free No change No change On or before 12/ ''.
(Chromium, 2-[2- 31/2023.......
(4,5-dihydro-3-
methyl-5-oxo-1-
phenyl-1H-pyrazol-
4-
yl)diazenyl]benzo
ate 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)......
SEC. 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 Free No change No change On or before 12/ ''.
(CAS No. 90585-54- 31/2023.......
9) (provided for
in subheading
3204.12.45)......
SEC. 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 Free No change No change On or before 12/ ''.
(Sodium; 2-[[(Z)- 31/2023.......
1-anilino-3-oxido-
1-oxobut-2-en-2-
yl]diazenyl]-4-
sulfamoylphenolat
e; cobalt(3+))
(CAS No. 72496-88-
9) (provided for
in subheading
3204.12.45)......
SEC. 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 Free No change No change On or before 12/ ''.
(Sodium 2-[(4- 31/2023.......
hydroxy-9,10-
dioxoanthracen-1-
yl)amino]-5-
methylbenzenesulf
onate) (CAS No.
4430-18-6)
(provided for in
subheading
3204.12.50)......
SEC. 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 Free No change No change On or before 12/ ''.
(Trisodium;chromi 31/2023.......
um;3-hydroxy-4-
[(2-
hydroxynaphthalen-
1-yl)diazenyl]-7-
nitronaphthalene-
1-sulfonate) (CAS
No. 5610-64-0)
(provided for in
subheading
3204.12.50)......
SEC. 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 Free No change No change On or before 12/ ''.
(Disodium 4-amino- 31/2023.......
5-hydroxy-3-[(E)-
(4-
nitrophenyl)diaze
nyl]-6-[(E)-
phenyldiazenyl]-
2,7-
naphthalenedisulf
onate) (CAS No.
8005-03-6)
(provided for in
subheading
3204.12.50)......
SEC. 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 Free No change No change On or before 12/ ''.
(Disodium;5- 31/2023.......
methyl-2-[[4-(4-
methyl-2-
sulfonatoanilino)-
9,10-
dioxoanthracen-1-
yl]amino]benzenes
ulfonate) (CAS
No. 4403-90-1)
(provided for in
subheading
3204.12.50)......
[[Page H627]]
SEC. 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 Free No change No change On or before 12/ ''.
(CAS No. 446876- 31/2023.......
48-8) (provided
for in subheading
3204.13.60)......
SEC. 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 Free No change No change On or before 12/ ''.
(Bis{6- 31/2023.......
(diethylamino)-
N,N-diethyl-9-[2-
(methoxycarbonyl)
phenyl]-3H-
xanthen-3-
iminium}
tetrachlorozincat
e(2-)) (CAS No.
73398-89-7) (CIN
45174) (provided
for in subheading
3204.13.60)......
SEC. 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- Free No change No change On or before 12/ ''.
[4- 31/2023.......
(diethylamino)ben
zenecarboximidoyl
]-N,N-
diethylaniline;
hydrochloride)
(CAS No. 6358-36-
7) (provided for
in subheading
3204.13.80)......
SEC. 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- Free No change No change On or before 12/ ''.
[bis[4- 31/2023.......
(dimethylamino)ph
enyl]
methylidene]cyclo
hexa-2,5-dien-1-
ylidene]-
dimethylazanium;c
hloride) (CAS No.
548-62-9)
(provided for in
subheading
3204.13.80)......
SEC. 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 Free No change No change On or before 12/ ''.
(Tetrasodium 7,7'- 31/2023.......
(carbonyldiimino)
bis{4-hydroxy-3-
[(E)-(2-methyl-4-
sulfonatophenyl)d
iazenyl]-2-
naphthalenesulfon
ate}) (CAS No.
28706-33-4)
(provided for in
subheading
3204.14.20)......
SEC. 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 Free No change No change On or before 12/ ''.
(Copper; 31/2023.......
disodium;
2,11,20,29, 38,40-
hexaza-37,39-
diazanidanonacycl
o
[28.6.1.13,10.112
,19.121,
28.04,9.013,18.02
2, 27.031,36]
tetraconta-
1(36),2,4(9),5,7,
10(40),
11,13,15,17,19,21
(38),
22(27),23,25,28,3
0,32,34-
nonadecaene-6,24-
disulfonate) (CAS
No. 1330-38-7)
(provided for in
subheading
3204.14.25)......
SEC. 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 Free No change No change On or before 12/ ''.
(Copper, [29H,31H- 31/2023.......
phthalocyaninato(
2-)-
kN29,kN30,kN31,kN
32]-,
aminosulfonyl
sulfo
derivatives,
sodium salts)
(CAS No. 90295-11-
7) (provided for
in subheading
3204.14.30)......
SEC. 107460. DIRECT BLACK 168.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H628]]
`` 9902.22.68 Direct Black 168 Free No change No change On or before 12/ ''.
(Trisodium;2-[4- 31/2023.......
[(2-amino-4-
oxidophenyl)diaze
nyl]anilino]-5-
[(1-amino-8-oxido-
7-phenyldiazenyl-
3,6-
disulfonaphthalen-
2-
yl)diazenyl]benze
nesulfonate) (CAS
No. 85631-88-5)
(provided for in
subheading
3204.14.30)......
SEC. 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 Free No change No change On or before 12/ ''.
(Hexasodium;4- 31/2023.......
hydroxy-5-[[4-[4-
[(E)-2-[4-[[4-[(8-
hydroxy-7-
phenyldiazenyl-
3,6-
disulfonatonaphth
alen-1-yl)amino]-
6-morpholin-4-yl-
1,3,5-triazin-2-
yl]amino]-2-
sulfonatophenyl]e
thenyl]-3-
sulfonatoanilino]-
6-morpholin-4-yl-
1,3,5-triazin-2-
yl]amino]-3-
phenyldiazenylnap
hthalene-2,7-
disulfonate) (CAS
No. 17791-81-0)
(provided for in
subheading
3204.14.30)......
SEC. 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 Free No change No change On or before 12/ ''.
(3-[[3-Methoxy-4- 31/2023.......
[[2-methoxy-4-[(3-
sulfophenyl)diaze
nyl]
phenyl]carbamoyla
mino]
phenyl]diazenyl]
benzenesulfonic
acid) (CAS No.
25712-08-7)
(provided for in
subheading
3204.14.30)......
SEC. 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 Free No change No change On or before 12/ ''.
(Pentasodium;5- 31/2023.......
[[4-[[4-anilino-6-
[[8-hydroxy-7-[[4-
[(8-hydroxy-3,6-
disulfonatonaphth
alen-1-
yl)diazenyl]-2-
methoxy-5-
methylphenyl]diaz
enyl]-3,6-
disulfonatonaphth
alen-1-yl]amino]-
1,3,5-triazin-2-
yl]amino]phenyl]d
iazenyl]-2-
hydroxybenzoate)
(CAS No. 6388-26-
7) (provided for
in subheading
3204.14.50)......
SEC. 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 Free No change No change On or before 12/ ''.
(Disodium; 6-oxo- 31/2023.......
5-[(4-
sulfonatophenyl)h
ydrazinylidene]
naphthalene-2-
sulfonate) (CAS
No. 1325-37-7)
(provided for in
subheading
3204.14.50)......
SEC. 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 Free No change No change On or before 12/ ''.
(Sodium; (8Z,20Z)- 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
(Disodium; 4- 31/2023.......
[[2,4-diamino-5-
[[3-[[2,4-diamino-
5-[(4-
sulfonatophenyl)
diazenyl]phenyl]d
iazenyl]
phenyl]diazenyl]p
henyl]
diazenyl]benzenes
ulfonate) (CAS
No. 6252-62-6)
(provided for in
subheading
3204.14.50)......
SEC. 107467. DIRECT RED 81.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H629]]
`` 9902.22.75 Direct Red 81 2% No change No change On or before 12/ ''.
(Disodium;7- 31/2023.......
benzamido-4-
hydroxy-3-[[4-[(4-
sulfonatophenyl)d
iazenyl]
phenyl]diazenyl]n
aphthalene-2-
sulfonate) (CAS
No. 2610-11-9)
(provided for in
subheading
3204.14.50)......
SEC. 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 Free No change No change On or before 12/ ''.
(CAS No. 71902-08- 31/2023.......
4) (provided for
in subheading
3204.14.50)......
SEC. 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 Free No change No change On or before 12/ ''.
(hexasodium;4- 31/2023.......
hydroxy-7-[[5-
hydroxy-7-
sulfonato-6-[[2-
sulfonato-4-[(4-
sulfonatophenyl)
diazenyl]phenyl]d
iazenyl]
naphthalen-2-
yl]carbamoylamino
]-3-[[2-sulfonato-
4-[(4-
sulfonatophenyl)d
iazenyl]
phenyl]diazenyl]n
aphthalene-2-
sulfonate) (CAS
No. 2610-10-8)
(provided for in
subheading
3204.14.50)......
SEC. 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, Free No change No change On or before 12/ ''.
disodium salt 31/2023.......
(disodium;7-amino-
4-hydroxy-3-[(5-
hydroxy-6-
phenyldiazenyl-7-
sulfonatonaphthal
en-2-
yl)diazenyl]napht
halene-2-
sulfonate) (CAS
No. 6227-02-7)
(provided for in
subheading
3204.14.50)......
SEC. 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 Free No change No change On or before 12/ ''.
(Disodium;7-amino- 31/2023.......
4-hydroxy-3-[[4-
[(4-
sulfonatophenyl)d
iazenyl]
phenyl]diazenyl]n
aphthalene-2-
sulfonate) (CAS
No. 6300-50-1)
(provided for in
subheading
3204.14.50)......
SEC. 107472. COLORANT.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.22.80 Copper, [m-[[3,3'- Free No change No change On or before 12/ ''.
[(1-oxido-1,2- 31/2023.......
diazenediyl)bis[[
2-(hydroxy-kO)-
4,1-phenylene]-
2,1-diazenediyl-
kN1]]bis[4-
(hydroxy-kO)-2,7-
naphthalenedisulf
onato]](8-)]]di-,
sodium (1:4) (CAS
No. 75173-68-1)
(provided for in
subheading
3204.14.50)......
SEC. 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 Free No change No change On or before 12/ ''.
(Tetrasodium;3- 31/2023.......
[[4-[[4-[(4,8-
disulfonatonaphth
alen-2-
yl)diazenyl]-2-
methoxy-5-
methylphenyl]carb
amoylamino]-5-
methoxy-2-
methylphenyl]diaz
enyl]naphthalene-
1,5-disulfonate)
(CAS No. 6420-33-
3) (provided for
in subheading
3204.14.50)......
SEC. 107474. VAT ORANGE 2 DYE POWDER.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H630]]
`` 9902.22.82 Vat Orange 2 (1,2- Free No change No change On or before 12/ ''.
Dibromopyranthren 31/2023.......
e-8,16-dione)
(CAS No. 1324-35-
2) (provided for
in subheading
3204.15.20)......
SEC. 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 Free No change No change On or before 12/ ''.
(5,20- 31/2023.......
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)......
SEC. 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- Free No change No change On or before 12/ ''.
Benzamido- 31/2023.......
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(1
4),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)......
SEC. 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- Free No change No change On or before 12/ ''.
Amino-9,10- 31/2023.......
dioxoanthracen-2-
yl)naphtho[2,3-
f][1,3]benzoxazol
e-5,10-dione)
(CAS No. 2379-79-
5) (provided for
in subheading
3204.15.30)......
SEC. 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 Free No change No change On or before 12/ ''.
No. 12227-28-0) 31/2023.......
(provided for in
subheading
3204.15.30)......
SEC. 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 Free No change No change On or before 12/ ''.
powder (1-Amino-2- 31/2023.......
[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)......
SEC. 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 Free No change No change On or before 12/ ''.
mixtures of Vat 31/2023.......
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)......
SEC. 107481. VAT RED 13.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H631]]
`` 9902.22.89 Vat Red 13 (15- Free No change No change On or before 12/ ''.
Ethyl-12-(15- 31/2023.......
ethyl-8-oxo-14,15-
diazatetracyclo
[7.6.1.02,7.013,1
6] hexadeca-
1(16),2,4,6,9,11,
13-heptaen-12-yl)-
14,15-
diazatetracyclo
[7.6.1.02,7.013,1
6] hexadeca-
1(16),2,4,6,9,11,
13-heptaen-8-one)
(CAS No. 4203-77-
4) (provided for
in subheading
3204.15.80)......
SEC. 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- Free No change No change On or before 12/ ''.
Diphenyl-5,15- 31/2023.......
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)......
SEC. 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- Free No change No change On or before 12/ ''.
(9,10- 31/2023.......
Dioxoanthracen-1-
yl)-4-[4-[[4-[4-
[(9,10-
dioxoanthracen-1-
yl)carbamoyl]phen
yl]
phenyl]diazenyl]p
henyl] benzamide)
(CAS No. 12227-50-
8) (provided for
in subheading
3204.15.80)......
SEC. 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 Free No change No change On or before 12/ ''.
(Anthra[9,1,2- 31/2023.......
cde]benzo[rst]pen
taphene-5,10-
dione, 16,17-
dimethoxy-) (CAS
No. 128-58-5)
(CIN 59825)
(provided for in
subheading
3204.15.80)......
SEC. 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 Free No change No change On or before 12/ ''.
(Anthra[2,1,9- 31/2023.......
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)......
SEC. 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- Free No change No change On or before 12/ ''.
Dichloro-2,17- 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
(Anthra[9,1,2- 31/2023.......
cde]benzo[rst]pen
taphene-5,10-
dione) (CAS No.
116-71-2) (CIN
59800) (provided
for in subheading
3204.15.80)......
SEC. 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 Free No change No change On or before 12/ ''.
(Benzo[rst]phenan 31/2023.......
thro [10,1,2-cde]
pentaphene-9,18-
dione, dichloro-)
(CAS No. 1324-55-
6) (CIN 60010)
(provided for in
subheading
3204.15.80)......
[[Page H632]]
SEC. 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 Free No change No change On or before 12/ ''.
(Naphth[2',3':6,7 31/2023.......
]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)......
SEC. 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- Free No change No change On or before 12/ ''.
Aminononacyclo 31/2023.......
[18.10.2.22,5.03,
16.04,13.06,
11.017,31.022,27.
028,32]
tetratriaconta-
1(31),2,4,6(11),
7,9,13,15,17,19,2
2,24,26,
28(32),29,33-
hexadecaene-12,21-
dione) (CAS No.
26763-69-9)
(provided for in
subheading
3204.15.80)......
SEC. 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 Free No change No change On or before 12/ ''.
(Anthra[2,1,9- 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
(Benzamide, N,N'- 31/2023.......
(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)......
SEC. 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 Free No change No change On or before 12/ ''.
145 31/2023.......
(Tetrasodium;7-
[[2-
(carbamoylamino)-
4-[[4-chloro-6-[3-
(2-
sulfonatooxyethyl
sulfonyl)
anilino]-1,3,5-
triazin-2-yl]
amino]phenyl]diaz
enyl] naphthalene-
1,3,6-
trisulfonate)
(CAS No. 80157-00-
2) (provided for
in subheading
3204.16.30)......
SEC. 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 Free No change No change On or before 12/ ''.
(Pentasodium 5- 31/2023.......
[[4-chloro-6-[3-
(2-
sulfonatooxyethyl
sulfonyl)anilino]-
1,3,5-triazin-2-
yl]amino]-3-[(1,5-
disulfonatonaphth
alen-2-
yl)diazenyl]-4-
hydroxynaphthalen
e-2,7-
disulfonate) (CAS
No. 77365-64-1)
(provided for in
subheading
3204.16.30)......
SEC. 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 Free No change No change On or before 12/ ''.
(Trisodium 1- 31/2023.......
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)......
[[Page H633]]
SEC. 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 Free No change No change On or before 12/ ''.
(Cuprate(2-), [C- 31/2023.......
[[[3-[(4-amino-6-
chloro-1,3,5-
triazin-2-
yl)amino]-4-
sulfophenyl]amino
]sulfonyl]-C-
(aminosulfonyl)-
29H,31H-
phthalocyanine-C-
sulfonato(4-)-
kN29,kN30,kN31,kN
32]-, sodium
(1:2)) (CAS No.
68967-01-1)
(provided for in
subheading
3204.16.30)......
SEC. 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 Free No change No change On or before 12/ ''.
(Trisodium 4-[[4- 31/2023.......
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]benze
nesulfonate) (CAS
No. 89923-43-3)
(provided for in
subheading
3204.16.30)......
SEC. 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 Free No change No change On or before 12/ ''.
(Tetrasodium 5-[4- 31/2023.......
chloro-6-(N-
ethylanilino)-
1,3,5-triazin-2-
ylamino]-4-
hydroxy-3-(1,5-
disulfonatonaphta
len-2-
ylazo)naphthalene-
2,7-disulfonate)
(CAS No. 130201-
57-9) (provided
for in subheading
3204.16.30)......
SEC. 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 Free No change No change On or before 12/ ''.
(Tetrasodium; 2- 31/2023.......
[[4-[[4-[(4-amino-
6-chloro-1,3,5-
triazin-2-
yl)amino]-5-
sulfonatonaphthal
en-1-yl]diazenyl]-
7-
sulfonatonaphthal
en-1-
yl]diazenyl]benze
ne-1,4-
disulfonate) (CAS
No. 70161-16-9)
(provided for in
subheading
3204.16.30)......
SEC. 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 Free No change No change On or before 12/ ''.
mixture of 31/2023.......
Reactive Black 5
(Na) (FKP)
(tetrasodium; 4-
amino-5-hydroxy-
3,6-bis[[4-(2-
sulfonatooxyethyl
sulfonyl)
phenyl]diazenyl]n
aphthalene-2,7-
disulfonate (CAS
No. 17095-24-8);
Reactive Scarlet
F01-0439 (2-
naphthalenesulfon
ic acid, 7-amino-
4-hydroxy-,
coupled with
diazotized 2-[(4-
aminophenyl)
sulfonyl] ethyl
hydrogen sulfate
and diazotized 2-
amino-5-[[2-
(sulfooxy)ethyl]s
ulfonyl]
benzenesulfonic
acid, potassium
sodium salts)
(CAS No. 214362-
06-8); reaction
mass of 7-amino-
3,8-bis-[4-(2-
sulfoxyethylsulfo
nyl)-2-
sulfophenylazo]-4-
hydroxynaphthalen
e-2-sulfonic
acid, Na/K salt
and 7-amino-3-[4-
(2-
sulfoxyethylsulfo
nyl) phenylazo]-4-
hydroxy-8-[4-(2-
sulfoxyethylsulfo
nyl)-2-
sulfophenylazo]
naphthalene-2-
sulfonic acid, Na/
K salt and 7-
amino-3,8-bis-[4-
(2-
sulfoxyethylsulfo
nyl) phenylazo]-4-
hydroxynaphthalen
e-2-sulfonic
acid, Na/K salt
and 7-amino-8-[4-
(2-
sulfoxyethylsulfo
nyl)-phenylazo]-4-
hydroxy-3-[4-(2-
sulfoxyethylsulfo
nyl)-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)ethanes
ulfonyl]
phenyl}diazen-1-
yl)-3-(2-{4-[2-
(sulfooxy)ethanes
ulfonyl]
phenyl}diazen-1-
yl) benzene-1-
sulfonate
(provided for in
subheading
3204.16.30)......
SEC. 107501. REACTIVE YELLOW F98-0159.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H634]]
`` 9902.23.10 Reactive Yellow Free No change No change On or before 12/ ''.
F98-0159 31/2023.......
(benzenesulfonic
acid, 2-[2-[2-
[(aminocarbonyl)a
mino]-4-[(2,6-
difluoro-4-
pyrimidinyl)amino
]phenyl]diazenyl]-
5-[[2-
(sulfooxy)ethyl]s
ulfonyl]-, sodium
salt (1:2)) (CAS
No. 176449-21-1)
(provided for in
subheading
3204.16.30)......
SEC. 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 Free No change No change On or before 12/ ''.
mixtures of 31/2023.......
Reactive Orange
131 (CAS No.
187026-95-5)
(dipotassium
disodium 2,4-
diamino-5-(2-{2-
sulfo-4-[2-
(sulfooxy)ethanes
ulfonyl]
phenyl}diazen-1-
yl)-3-(2-{4-[2-
(sulfooxy)ethanes
ulfonyl]
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)......
SEC. 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 Free No change No change On or before 12/ ''.
(cuprate(4-), 31/2023.......
[4,5-dihydro-4-[2-
[8-(hydroxy-
.kappa.O)-7-[2-[2-
(hydroxy-
.kappa.O)-5-
methoxy-4-[[2-
(sulfooxy)ethyl]
sulfonyl]phenyl]d
iazenyl-
.kappa.N1]-6-
sulfo-2-
naphthalenyl]diaz
enyl]-5-oxo-1-(4-
sulfophenyl)-1H-
pyrazole-3-
carboxylato(6-)]-
, sodium) (CAS
No. 85585-91-7)
(provided for in
subheading
3204.16.50)......
SEC. 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 Free No change No change On or before 12/ ''.
(hexasodium 5-[[4- 31/2023.......
chloro-6-[4-[[4-
chloro-6-[[8-
hydroxy-3,6-
disulfonato-7-[(2-
sulfonatophenyl)d
iazenyl]naphthale
n-1-yl]amino]-
1,3,5-triazin-2-
yl]amino]anilino]-
1,3,5-triazin-2-
yl]amino]-4-
hydroxy-3-[(2-
sulfonatophenyl)d
iazenyl]naphthale
ne-2,7-
disulfonate) (CAS
No. 68214-04-0)
(provided for in
subheading
3204.16.50)......
SEC. 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- Free No change No change On or before 12/ ''.
Amino-4-{[3-({4- 31/2023.......
chloro-6-[(3-
sulfophenyl)amino
]-1,3,5-triazin-2-
yl}amino)-4-
sulfophenyl]amino
}-9,10-dioxo-9,10-
dihydro-2-
anthracenesulfoni
c acid) (CAS No.
16823-51-1)
(provided for in
subheading
3204.16.50)......
SEC. 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 Free No change No change On or before 12/ ''.
powder (trisodium 31/2023.......
2-[[6-[(4-amino-6-
chloro-1,3,5-
triazin-2-yl)-
methylamino]-1-
hydroxy-3-
sulfonatonaphthal
en-2-
yl]diazenyl]napht
halene-1,5-
disulfonate) (CAS
No. 70616-89-6)
(provided for in
subheading
3204.16.50)......
SEC. 107507. REACTIVE ORANGE 12.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H635]]
`` 9902.23.16 Reactive Orange 12 Free No change No change On or before 12/ ''.
powder (trisodium 31/2023.......
7-[[4-[(4-amino-6-
chloro-1,3,5-
triazin-2-
yl)amino]-2-
(carbamoylamino)
phenyl]diazenyl]n
aphthalene-1,3,6-
trisulfonate)
(CAS No. 70161-14-
7) (provided for
in subheading
3204.16.50)......
SEC. 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- Free No change No change On or before 12/ ''.
amino-4-(4-amino- 31/2023.......
9,10-
dioxoanthracen-1-
yl)anthracene-
9,10-dione) (CAS
No. 4051-63-2)
(provided for in
subheading
3204.17.04)......
SEC. 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 Free No change No change On or before 12/ ''.
(4,5,6,7- 31/2023.......
tetrachloro-3-[4-
[(4,5,6,7-
tetrachloro-3-
oxoisoindol-1-
ylidene)amino]phe
nyl]iminoisoindol-
1-one) (CAS No.
5590-18-1)
(provided for in
subheading
3204.17.04)......
SEC. 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 Free No change No change On or before 12/ ''.
(1-[[4-[(9,10- 31/2023.......
dioxoanthracen-1-
yl)amino]-6-
phenyl-1,3,5-
triazin-2-
yl]amino]anthrace
ne-9,10-dione)
(CAS No. 4118-16-
5) (provided for
in subheading
3204.17.60)......
SEC. 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 Free No change No change On or before 12/ ''.
(5-[(6-methyl-2- 31/2023.......
oxo-1,3-
dihydrobenzimidaz
ol-5-yl)diazenyl]-
1,3-diazinane-
2,4,6-trione)
(CAS No. 72102-84-
2) (provided for
in subheading
3204.17.60)......
SEC. 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 Free No change No change On or before 12/ ''.
(aluminum sodium 31/2023.......
orthosilicate
trisulfane-1,3-
diide (6:8:6:1))
(CAS No. 57455-37-
5) (provided for
in subheading
3204.17.60)......
SEC. 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 Free No change No change On or before 12/ ''.
(hexaaluminum;hex 31/2023.......
asodium;
tetrathietane;hex
asilicate) (CAS
No. 12769-96-9)
(provided for in
subheading
3204.17.60)......
SEC. 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 Free No change No change On or before 12/ ''.
(ethanaminium, N- 31/2023.......
(4-(bis(4-
(diethylamino)phe
nyl)methylene)-
2,5-cyclohexadien-
1-ylidene)-N-
ethyl-,
molybdatetungstat
ephosphate) (CAS
No. 1325-88-8)
(provided for in
subheading
3204.17.90)......
SEC. 107515. SOLVENT BLUE 97.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H636]]
`` 9902.23.24 Solvent Blue 97 Free No change No change On or before 12/ ''.
(1,4-Bis(2,6- 31/2023.......
diethyl-4-
methylanilino)ant
hracene-9,10-
dione) (CAS Nos.
61969-44-6 and
32724-62-2)
(provided for in
subheading
3204.19.11)......
SEC. 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 Free No change No change On or before 12/ ''.
(bis(2- 31/2023.......
methylpropyl)
perylene-3,9-
dicarboxylate)
(CAS No. 2744-50-
5) (provided for
in subheading
3204.19.11)......
SEC. 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 Free No change No change On or before 12/ ''.
(14-octadecyl-8- 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
(trisodium 8- 31/2023.......
hydroxypyrene-
1,3,6-
trisulfonate)
(CAS No. 6358-69-
6) (provided for
in subheading
3204.19.11)......
SEC. 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 Free No change No change On or before 12/ ''.
(methyl 4-cyano-5- 31/2023.......
[[5-cyano-2,6-
bis(3-
methoxypropylamin
o)-4-
methylpyridin-3-
yl]diazenyl]-3-
methylthiophene-2-
carboxylate) (CAS
No. 72968-71-9)
(provided for in
subheading
3204.19.20)......
SEC. 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 Free No change No change On or before 12/ ''.
(7H- 31/2023.......
Benzimidazo[2,1-
a]
benzo[3,4][2]benz
othiopyrano
[7,8,1-
def]isoquinolin-7-
one) (CAS No.
53304-32-8)
(provided for in
subheading
3204.19.20)......
SEC. 107521. SPECIALTY DYES.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.23.30 White/bluish Free No change No change On or before 12/ ''.
powder dye 31/2023.......
containing
benzenesulfonamid
e, 2,2'-([1,1'-
biphenyl]-4,4'-
diyldi-2,1-
ethenediyl)bis[N-
(3-hydroxypropyl)-
, polymer with
formaldehyde, ar-
methylbenzenesulf
onamide and 1,3,5-
triazine-2,4,6-
triamine (CAS No.
1191239-40-3)
(provided for in
subheading
3204.19.20)......
SEC. 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 Free No change No change On or before 12/ ''.
(1,4-bis(4- 31/2023.......
methylanilino)ant
hracene-9,10-
dione) (CAS No.
128-80-3) (CIN
61565) (provided
for in subheading
3204.19.25)......
SEC. 107523. SOLVENT BLUE 36.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H637]]
`` 9902.23.33 Solvent Blue 36 Free No change No change On or before 12/ ''.
(1,4-bis(propan-2- 31/2023.......
ylamino)anthracen
e-9,10-dione)
(CAS No. 14233-37-
5) (provided for
in subheading
3204.19.25)......
SEC. 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 Free No change No change On or before 12/ ''.
Solvent Green 3 31/2023.......
(1,4-bis(4-
methylanilino)ant
hracene-9,10-
dione) (CAS No.
128-80-3)
(provided for in
subheading
3204.19.25)......
SEC. 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- Free No change No change On or before 12/ ''.
methyl-6-[(4- 31/2023.......
methylphenyl)amin
o]-3H-
naphtho[1,2,3-
de]quinoline-2,7-
dione) (CAS No.
81-39-0)
(provided for in
subheading
3204.19.25)......
SEC. 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- Free No change No change On or before 12/ ''.
(cyclohexylamino)- 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
(1,5- 31/2023.......
bis(cyclohexylami
no) anthracene-
9,10-dione) (CAS
No. 15958-68-6)
(provided for in
subheading
3204.19.25)......
SEC. 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 Free No change No change On or before 12/ ''.
(1,5-bis(4- 31/2023.......
methylanilino)ant
hracene-9,10-
dione) (CAS No.
8005-40-1)
(provided for in
subheading
3204.19.25)......
SEC. 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 Free No change No change On or before 12/ ''.
(2-[[4-[2-(4- 31/2023.......
cyclohexylphenoxy
) ethyl-
ethylamino]-2-
methylphenyl]meth
ylidene]
propanedinitrile)
(CAS No. 54079-53-
7) (provided for
in subheading
3204.19.25)......
SEC. 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 Free No change No change On or before 12/ ''.
(2-(3- 31/2023.......
hydroxypropyl)-6-
(3-
hydroxypropylamin
o)benzo[de]isoqui
noline-1,3-dione)
(CAS No. 52821-24-
6) (provided for
in subheading
3204.19.25)......
SEC. 107531. HOGEN BLUE XB-20.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H638]]
`` 9902.23.41 Synthetic organic Free No change No change On or before 12/ ''.
coloring matter 31/2023.......
containing
copper(II)
phthalocyanine
(CAS No. 147-14-
8) (provided for
in subheading
3204.19.40)......
SEC. 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 Free No change No change On or before 12/ ''.
(CAS No. 143476- 31/2023.......
34-0) (provided
for in subheading
3204.19.40)......
SEC. 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 Free No change No change On or before 12/ ''.
Fluorescent 31/2023.......
Brightener 367
(CAS No. 5089-22-
5) and
Fluorescent
Brightener 371
(provided for in
subheading
3204.20.80)......
SEC. 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'- Free No change No change On or before 12/ ''.
[biphenyl-4,4'- 31/2023.......
diyldiethene-2,1-
diyl]dibenzenesul
fonate (CAS No.
27344-41-8) of a
kind used as a
fluorescent
brightening agent
(provided for in
subheading
3204.20.80)......
SEC. 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- Free No change No change On or before 12/ ''.
methylchromen-2- 31/2023.......
one (CAS No. 91-
44-1) (provided
for in subheading
3204.20.80)......
SEC. 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- Free No change No change On or before 12/ ''.
cyanostyryl)-4-(4- 31/2023.......
cyanostyryl)benze
ne (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)phen
yl]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)......
SEC. 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- Free No change No change On or before 12/ ''.
[(E)-2-[4-(1,3- 31/2023.......
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)......
SEC. 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- Free No change No change On or before 12/ ''.
(2- 31/2023.......
Cyanophenyl)ethen
yl]
phenyl]ethenyl]be
nzonitrile (CAS
No. 13001-39-3)
(provided for in
subheading
3204.20.80)......
[[Page H639]]
SEC. 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- Free No change No change On or before 12/ ''.
(Dimethylamino)pr 31/2023.......
opyl]-4-methyl-6-
oxo-3-pyridin-1-
ium-1-ylpyridin-2-
olate (CAS No.
104583-33-7)
(provided for in
subheading
3204.90.00)......
SEC. 107540. CERIUM SULFIDE PIGMENTS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.23.50 Pigment Free No change No change On or before 12/ ''.
preparations 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
mica (CAS No. 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
interference 31/2023.......
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)......
SEC. 107543. INORGANIC LUMILUX.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.23.53 Inorganic products Free No change No change On or before 12/ ''.
of a kind used as 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
ribbon cable 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
defined in note 4 31/2023.......
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)......
[[Page H640]]
SEC. 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 Free No change No change On or before 12/ ''.
molecular weight 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
drier, mixtures 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
drier, mixtures 31/2023.......
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)......
SEC. 107549. DRIER ACCELERATORS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.23.59 Prepared drier Free No change No change On or before 12/ ''.
accelerators 31/2023.......
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)).....
SEC. 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 3.3% No change No change On or before 12/ ''.
lemon (CAS No. 31/2023.......
8008-56-8)
(provided for in
subheading
3301.13.00)......
SEC. 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, Free No change No change On or before 12/ ''.
C14-17-sec- 31/2023.......
alkane, sodium
salt (CAS No.
97489-15-1)
anionic aromatic
surface-active
agent (provided
for in subheading
3402.11.20)......
SEC. 107552. POTASSIUM ETHYL OCTYLPHOSPHONATE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.23.62 Potassium; Free No change No change On or before 12/ ''.
ethoxy(octyl)phos 31/2023.......
phinate (CAS No.
68134-28-1)
(provided for in
subheading
3402.11.50)......
SEC. 107553. INTERMEDIATE IN THE PRODUCTION OF INDUSTRIAL
LUBRICANTS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H641]]
`` 9902.23.63 (Z)-N-Methyl-N-(1- Free No change No change On or before 12/ ''.
oxo-9- 31/2023.......
octadecenyl)glyci
ne (N-
oleylsarcosine)
(CAS No. 110-25-
8) surfactant
(provided for in
subheading
3402.11.50)......
SEC. 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- Free No change No change On or before 12/ ''.
, polymer with 31/2023.......
oxirane,
mono[(diethylamin
o)alkyl] ether
surfactant (CAS
No. 68511-96-6)
(provided for in
subheading
3402.12.50)......
SEC. 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- Free No change No change On or before 12/ ''.
decoxy-6- 31/2023.......
(hydroxymethyl)ox
ane-3,4,5-triol
(CAS No. 68515-73-
1) (provided for
in subheading
3402.13.20)......
SEC. 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- Free No change No change On or before 12/ ''.
Dodecoxy-6- 31/2023.......
(hydroxymethyl)ox
ane-3,4,5-triol
(CAS No. 110615-
47-9) (provided
for in subheading
3402.13.20)......
SEC. 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 Free No change No change On or before 12/ ''.
poly(oxy-1,2- 31/2023.......
ethanediyl), a-
phosphono-v-
hydroxy-, C12-14-
alkyl ethers (CAS
No. 121158-63-2);
poly(oxy-1,2-
ethanediyl), a,a'-
phosphinicobis[v-
hydroxy-, di-C12-
14-alkyl ethers
(CAS No. 121158-
61-0); poly(oxy-
1,2-ethanediyl),
a,a',a"-
phosphinylidynetr
is[v-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)......
SEC. 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 Free No change No change On or before 12/ ''.
acids, coco, 31/2023.......
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)......
SEC. 107559. NONIONIC SURFACTANT.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.23.69 D-Glucopyranose, Free No change No change On or before 12/ ''.
oligomeric, C10- 31/2023.......
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)......
SEC. 107560. CHEMICAL USED IN TEXTILE MANUFACTURING.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H642]]
`` 9902.23.70 Mixtures of sodium Free No change No change On or before 12/ ''.
[1-carboxy-17- 31/2023.......
(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)......
SEC. 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 Free No change No change On or before 12/ ''.
propane-1,2-diol 31/2023.......
(CAS No. 57-55-
6), poly(oxy-1,2-
ethanediyl), a-
(tris(1-
phenylethyl)pheny
l)-v-hydroxy-
(CAS No. 99734-09-
5), and poly(oxy-
1,2-ethanediyl),
a-(2,4,6-tris(1-
phenylethyl)pheny
l)-v-hydroxy-,
phosphate,
potassium salt
(CAS No. 163436-
84-8) (provided
for in subheading
3402.90.30)......
SEC. 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- Free No change No change On or before 12/ ''.
furandione, 31/2023.......
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), a-
(carboxymethyl)-v-
(tridecyloxy)-,
branched, sodium
salt (CAS No.
68891-17-8)
(provided for in
subheading
3402.90.50)......
SEC. 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 Free No change No change On or before 12/ ''.
propane-1,2,3- 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
(2E,4E,6E,8E,10E, 31/2023.......
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;phos
phoric 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)......
SEC. 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:
[[Page H643]]
`` 9902.23.75 Mixtures of N-[2- Free No change No change On or before 12/ ''.
(octadecanoylamin 31/2023.......
o)ethyl]octadecan
amide (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)......
SEC. 107566. PHOTOGRAPHIC GELATIN.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.23.76 Photographic Free No change No change On or before 12/ ''.
gelatin (CAS No. 31/2023.......
9000-70-8)
(provided for in
subheading
3503.00.55)......
SEC. 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 Free No change No change On or before 12/ ''.
(Class 1.4G) (CAS 31/2023.......
No. 9904-70-0)
generating a jet
of sparklers when
lit (provided for
in subheading
3604.10.90)......
SEC. 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 Free No change No change On or before 12/ ''.
containing 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
make a loud noise 31/2023.......
when thrown to
the ground (CAS
No. 7761-88-8)
(provided for in
subheading
3604.90.00)......
SEC. 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- Free No change No change On or before 12/ ''.
butyl 4-[[(E)- 31/2023.......
(1,3-dimethyl-5-
phenoxypyrazol-4-
yl)
methylideneamino]
oxymethyl]benzoat
e (Fenpyroximate)
(CAS No. 134098-
61-6) and
application
adjuvants
(provided for in
subheading
3808.91.25)......
SEC. 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- Free No change No change On or before 12/ ''.
acetyl-6- 31/2023.......
(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)......
SEC. 107572. IMIDACLOPRID AND MUSCALURE FORMULATIONS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H644]]
`` 9902.23.82 Product mixtures Free No change No change On or before 12/ ''.
containing (NE)-N- 31/2023.......
[1-[(6-
chloropyridin-3-
yl)methyl]imidazo
lidin-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)......
SEC. 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- Free No change No change On or before 12/ ''.
[methoxy(methylsu 31/2023.......
lfanyl)
phosphoryl]acetam
ide (Acephate)
(CAS No. 30560-19-
1) and (2-methyl-
3-
phenylphenyl)meth
yl (1R,3R)-3-[(Z)-
2-chloro-3,3,3-
trifluoroprop-1-
enyl]-2,2-
dimethylcycloprop
ane-1-carboxylate
(Bifenthrin) (CAS
No. 82657-04-3)
(provided for in
subheading
3808.91.25)......
SEC. 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- Free No change No change On or before 12/ ''.
[2,6-dichloro-4- 31/2023.......
(trifluoromethyl)
phenyl]-4-
(trifluoromethysu
lfinyl)-1H-
pyrazole-3-
carbonitrile
(Fipronil) (CAS
No. 120068-37-3)
(provided for in
subheading
3808.91.25)......
SEC. 107575. ALUMINUM PHOSPHIDE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.23.85 (Formulated Free No change No change On or before 12/ ''.
aluminium 31/2023.......
phosphide
(alumanylidynepho
sphane) (CAS No.
20859-73-8)
(provided for in
subheading
3808.91.30)......
SEC. 107576. MAGNAPHOS FORMULATIONS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.23.86 Formulations of Free No change No change On or before 12/ ''.
magnesium 31/2023.......
phosphide
(trimagnesium;pho
sphorus(3-))
(Magnaphos) (CAS
No. 12057-74-8)
(provided for in
subheading
3808.91.30)......
SEC. 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 0.2% No change No change On or before 12/ ''.
(1Z)-2- 31/2023.......
(dimethylamino)-N-
(methylcarbamoylo
xy)-2-
oxoethanimidothio
ate (Oxamyl) (CAS
No. 23135-22-0)
and application
adjuvants
(provided for in
subheading
3808.91.50)......
SEC. 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- Free No change No change On or before 12/ ''.
(trichloromethyls 31/2023.......
ulfanyl)-
3a,4,7,7a-
tetrahydroisoindo
le-1,3-dione
(Captan) (CAS No.
133-06-2) and
application
adjuvants
(provided for in
subheading
3808.92.15)......
SEC. 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- Free No change No change On or before 12/ ''.
[2-fluoro-5- 31/2023.......
(trifluoromethyl)
phenyl]sulfanyl-2-
[3-(2-
methoxyphenyl)-
1,3-thiazolidin-2-
ylidene]acetonitr
ile (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)......
[[Page H645]]
SEC. 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 Free No change No change On or before 12/ ''.
containing 2-[2- 31/2023.......
(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]o
xymethyl]
phenyl]acetate
(Trifloxystrobin)
(CAS No. 141517-
21-7) (provided
for in subheading
3808.92.15)......
SEC. 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 Free No change No change On or before 12/ ''.
containing 2- 31/2023.......
[(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)......
SEC. 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 Free No change No change On or before 12/ ''.
zinc;manganese(2+ 31/2023.......
);N-[2-
(sulfidocarbothio
ylamino)ethyl]car
bamodithioate
(Mancozeb) (CAS
No. 8018-01-7)
and 2,4,5,6-
tetrachlorobenzen
e-1,3-
dicarbonitrile
(Chlorothalonil)
(CAS No. 1897-45-
6) (provided for
in subheading
3808.92.15)......
SEC. 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- Free No change No change On or before 12/ ''.
butyl N-[6-[[(Z)- 31/2023.......
[(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)......
SEC. 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- Free No change No change On or before 12/ ''.
(2,4- 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
containing 31/2023.......
zinc;manganese(2+
);N-[2-
(sulfidocarbothio
ylamino)ethyl]car
bamodithioate
(Mancozeb) (CAS
No. 8018-01-7)
and methyl (E)-2-
[2-[6-(2-
cyanophenoxy)pyri
midin-4-
yl]oxyphenyl]-3-
methoxyprop-2-
enoate
(Azoxystrobin)
(CAS No. 131860-
33-8) (provided
for in subheading
3808.92.28)......
[[Page H646]]
SEC. 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- Free No change No change On or before 12/ ''.
(ethylcarbamoylam 31/2023.......
ino)-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)......
SEC. 107587. MICROTHIOL FORMULATIONS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.23.97 Formulations of Free No change No change On or before 12/ ''.
micronized sulfur 31/2023.......
(CAS No. 7704-34-
9) (provided for
in subheading
3808.92.30)......
SEC. 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 Free No change No change On or before 12/ ''.
containing methyl 31/2023.......
4-[(3-methoxy-4-
methyl-5-oxo-
1,2,4-triazole-1-
carbonyl)sulfamoy
l]-5-
methylthiophene-3-
carboxylate
(Thiencarbazone-
methyl) (CAS No.
317815-83-1);
sodium;(5-iodo-2-
methoxycarbonylph
enyl)sulfonyl-[(4-
methoxy-6-methyl-
1,3,5-triazin-2-
yl)carbamoyl]azan
ide (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)......
SEC. 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- Free No change No change On or before 12/ ''.
methoxy-4-methyl- 31/2023.......
5-oxo-1,2,4-
triazole-1-
carbonyl)sulfamoy
l]-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-
trifluoroethoxyme
thyl)benzoyl]cycl
ohexane-1,3-dione
(Tembotrione)
(CAS No. 335104-
84-2) (provided
for in subheading
3808.93.15)......
SEC. 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 Free No change No change On or before 12/ ''.
containing ethyl 31/2023.......
(2R)-2-[4-[(6-
chloro-1,3-
benzoxazol-2-
yl)oxy]phenoxy]pr
opanoate
(Fenoxaprop-
ethyl) (CAS No.
71283-80-2)
(provided for in
subheading
3808.93.15)......
SEC. 107591. THIENCARBAZONE-METHYL, ISOXAFLUTOLE, AND
CYPROSULFAMIDE HERBICIDES.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H647]]
`` 9902.24.02 Product mixtures 5% No change No change On or before 12/ ''.
containing methyl 31/2023.......
4-[(3-methoxy-4-
methyl-5-oxo-
1,2,4-triazole-1-
carbonyl)sulfamoy
l]-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-
(cyclopropylcarba
moyl)phenyl]sulfo
nyl-2-
methoxybenzamide
(Cyprosulfamide)
(CAS No. 221667-
31-8) (provided
for in subheading
3808.93.15)......
SEC. 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 Free No change No change On or before 12/ ''.
containing methyl 31/2023.......
4-[(3-methoxy-4-
methyl-5-oxo-
1,2,4-triazole-1-
carbonyl)sulfamoy
l]-5-
methylthiophene-3-
carboxylate
(Thiencarbazone-
methyl) (CAS No.
317815-83-1) and
sodium (5-iodo-2-
methoxycarbonylph
enyl)sulfonyl-[(4-
methoxy-6-methyl-
1,3,5-triazin-2-
yl)carbamoyl]azan
ide (Iodosulfuron
methylsodium)
(CAS No. 144550-
36-7) (provided
for in subheading
3808.93.15)......
SEC. 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 Free No change No change On or before 12/ ''.
containing methyl 31/2023.......
4-[(3-methoxy-4-
methyl-5-oxo-
1,2,4-triazole-1-
carbonyl)sulfamoy
l]-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)......
SEC. 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 Free No change No change On or before 12/ ''.
methyl 3-[(4- 31/2023.......
methoxy-6-methyl-
1,3,5-triazin-2-
yl)
carbamoylsulfamoy
l]thiophene-2-
carboxylate
(Thifensulfuron-
methyl) (CAS No.
79277-27-3) and
methyl 2-[[(4-
methoxy-6-methyl-
1,3,5-triazin-2-
yl)-
methylcarbamoyl]s
ulfamoyl]benzoate
(Tribenuron-
methyl) (CAS No.
101200-48-0) and
application
adjuvants
(provided for in
subheading
3808.93.15)......
SEC. 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 Free No change No change On or before 12/ ''.
methyl 2-[[(4- 31/2023.......
methoxy-6-methyl-
1,3,5-triazin-2-
yl)-
methylcarbamoyl]s
ulfamoyl]benzoate
(Tribenuron-
methyl) (CAS No.
101200-48-0) and
application
adjuvants
(provided for in
subheading
3808.93.15)......
SEC. 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- Free No change No change On or before 12/ ''.
(2- 31/2023.......
chlorophenyl)sulf
onyl-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)carbamoylsulfa
moyl] benzoate
(Metsulfuron
Methyl) (CAS No.
74223-64-6) and
application
adjuvants
(provided for in
subheading
3808.93.15)......
[[Page H648]]
SEC. 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 Free No change No change On or before 12/ ''.
methyl 3-[(4- 31/2023.......
methoxy-6-methyl-
1,3,5-triazin-2-
yl)
carbamoylsulfamoy
l]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)......
SEC. 107598. ACIFLUROFEN FORMULATIONS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.24.09 Formulations of Free No change No change On or before 12/ ''.
sodium;5-[2- 31/2023.......
chloro-4-
(trifluoromethyl)
phenoxy]-2-
nitrobenzoate
(Aciflurofen)
(CAS No. 62476-59-
9) (provided for
in subheading
3808.93.15)......
SEC. 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- Free No change No change On or before 12/ ''.
chloro-N-(2-ethyl- 31/2023.......
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)......
SEC. 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- Free No change No change On or before 12/ ''.
amino-6-tert- 31/2023.......
butyl-3-
methylsulfanyl-
1,2,4-triazin-5-
one (Metribuzin)
(CAS No. 21087-64-
9) (provided for
in subheading
3808.93.15)......
SEC. 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 Free No change No change On or before 12/ ''.
3,4-dimethyl-2,6- 31/2023.......
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)......
SEC. 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- Free No change No change On or before 12/ ''.
chloro-N-(2-ethyl- 31/2023.......
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)......
SEC. 107603. THIFENSULFURON-METHYL AND TRIBENURON-METHYL
FORMULATIONS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H649]]
`` 9902.24.14 Formulations of Free No change No change On or before 12/ ''.
methyl 2-[[(4- 31/2023.......
methoxy-6-methyl-
1,3,5-triazin-2-
yl)-
methylcarbamoyl]
sulfamoyl]benzoat
e (Tribenuron-
methyl) (CAS No.
101200-48-0) and
3-[(4-methoxy-6-
methyl-1,3,5-
triazin-2-
yl)carbamoylsulfa
moyl] thiophene-2-
carboxylic acid
(Thifensulfuron)
(CAS No. 79277-67-
1) and
application
adjuvants
(provided for in
subheading
3808.93.15)......
SEC. 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 Free No change No change On or before 12/ ''.
methyl 2-[(4- 31/2023.......
methoxy-6-methyl-
1,3,5-triazin-2-
yl)
carbamoylsulfamoy
l]benzoate
(Metsulfuron-
methyl) (CAS No.
74223-64-6) and
application
adjuvants
(provided for in
subheading
3808.93.15)......
SEC. 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 Free No change No change On or before 12/ ''.
ethyl 2-[(4- 31/2023.......
chloro-6-
methoxypyrimidin-
2-
yl)carbamoylsulfa
moyl] benzoate
(Chlorimuron-
ethyl) (CAS No.
90982-32-4) and
application
adjuvants
(provided for in
subheading
3808.93.15)......
SEC. 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- Free No change No change On or before 12/ ''.
dibromo-4- 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
methyl 2-[(4,6- 31/2023.......
dimethylpyrimidin-
2-
yl)carbamoylsulfa
moyl] benzoate
(Sulfometuron-
methyl) (CAS No.
74222-97-2) and
methyl 2-[(4-
methoxy-6-methyl-
1,3,5-triazin-2-
yl)carbamoylsulfa
moyl] benzoate
(Metsulfuron-
methyl) (CAS No.
74223-64-6) and
application
adjuvants
(provided for in
subheading
3808.93.15)......
SEC. 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 Free No change No change On or before 12/ ''.
ethyl 2-[(4- 31/2023.......
chloro-6-
methoxypyrimidin-
2-
yl)carbamoylsulfa
moyl] benzoate
(Chlorimuron-
ethyl) (CAS No.
90982-32-4) and
methyl 2-[[(4-
methoxy-6-methyl-
1,3,5-triazin-2-
yl)-
methylcarbamoyl]s
ulfamoyl]
benzoate
(Tribenuron-
methyl) (CAS No.
101200-48-0) and
application
adjuvants
(provided for in
subheading
3808.93.15)......
SEC. 107609. FORMULATIONS CONTAINING TIAFENACIL.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H650]]
`` 9902.24.20 Formulations 0.9% No change No change On or before 12/ ''.
containing methyl 31/2023.......
3-[2-[2-chloro-4-
fluoro-5-[3-
methyl-2,6-dioxo-
4-
(trifluoromethyl)
pyrimidin-1-
yl]phenyl]
sulfanylpropanoyl
amino]propanoate
(Tiafenacil) (CAS
No. 1220411-29-9)
(provided for in
subheading
3808.93.15)......
SEC. 107610. DIURON 80.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.24.21 Formulated Free No change No change On or before 12/ ''.
products 31/2023.......
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)......
SEC. 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- Free No change No change On or before 12/ ''.
(4,6- 31/2023.......
dimethoxypyrimidi
n-2-yl)-3-[3-
(trifluoromethyl)
pyridin-2-
yl]sulfonylurea
(Flazasulfuron)
(CAS No. 104040-
78-0) (provided
for in subheading
3808.93.15)......
SEC. 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 Free No change No change On or before 12/ ''.
methyl 3-[(4- 31/2023.......
methoxy-6-methyl-
1,3,5-triazin-2-
yl)
carbamoylsulfamoy
l]thiophene-2-
carboxylate
(Thifensulfuron-
methyl) (CAS No.
79277-27-3) and
application
adjuvants
(provided for in
subheading
3808.93.50)......
SEC. 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 Free No change No change On or before 12/ ''.
(RS)-2-Chloro-N- 31/2023.......
(2-ethyl-6-methyl-
phenyl)-N-(1-
methoxypropan-2-
yl)acetamide (S-
metolachlor) (CAS
No. 87392-12-9)
and ammonium
(2RS)-2-amino-4-
(methylphosphinat
o)butyric acid
(Glufosinate)
(CAS No. 77182-82-
2) (provided for
in subheading
3808.93.50)......
SEC. 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- Free No change No change On or before 12/ ''.
(3,4- 31/2023.......
dichlorophenyl)pr
opanamide
(Propanil) (CAS
No. 709-98-8)
(provided for in
subheading
3808.93.50)......
SEC. 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- Free No change No change On or before 12/ ''.
[(4-methoxy-6- 31/2023.......
methyl-1,3,5-
triazin-2-
yl)carbamoylsulfa
moyl] thiophene-2-
carboxylic acid
(Thifensulfuron)
(CAS No. 79277-67-
1) and
application
adjuvants
(provided for in
subheading
3808.93.50)......
SEC. 107616. TOLPYRALATE AND NICOSULFURON HERBICIDES.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H651]]
`` 9902.24.27 Formulations of Free No change No change On or before 12/ ''.
(RS)-1-{1-ethyl-4- 31/2023.......
[4-mesyl-3-(2-
methoxyethoxy)-o-
toluoyl]pyrazol-5-
yloxy}ethyl
methyl carbonate
(Tolpyralate)
(CAS No. 1101132-
67-5) and 2-[(4,6-
dimethoxypyrimidi
n-2-
yl)carbamoylsulfa
moyl]-N,N-
dimethylpyridine-
3-carboxamide
(Nicosulfuron)
(CAS No. 111991-
09-4) (provided
for in subheading
3808.93.50)......
SEC. 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 Free No change No change On or before 12/ ''.
magnesium 31/2023.......
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)......
SEC. 107618. NISIN FORMULATIONS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.24.29 Nisin preparations Free No change No change On or before 12/ ''.
including 2.5 31/2023.......
percent Nisin and
92 percent salt
(CAS No. 1414-45-
5) (provided for
in subheading
3808.99.95)......
SEC. 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 Free No change No change On or before 12/ ''.
in the textile 31/2023.......
industry
containing
benzenesulfonic
acid, hydroxy-,
sodium salt
(1:1), polymer
with formaldehyde
and 4,4'-
sulfonylbis(pheno
l) (CAS No. 71832-
81-0) (provided
for in subheading
3809.91.00)......
SEC. 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 Free No change No change On or before 12/ ''.
containing 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
containing 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
containing 31/2023.......
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)......
[[Page H652]]
SEC. 107623. POUR POINT DEPRESSANTS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.24.34 Mixtures Free No change No change On or before 12/ ''.
containing 31/2023.......
hydrophobic
acrylic polymer
(CAS No. 27029-57-
8) used as a pour
point depressant
for crude oil
(provided for in
subheading
3811.90.00)......
SEC. 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 Free No change No change On or before 12/ ''.
containing poly 31/2023.......
(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)......
SEC. 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 5% No change No change On or before 12/ ''.
consisting of 31/2023.......
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)......
SEC. 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- Free No change No change On or before 12/ ''.
dichlorophenyl)- 31/2023.......
1,1-dimethylurea
(CAS No. 330-54-
1) with acrylate
rubber (provided
for in subheading
3812.10.10)......
SEC. 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 4.4% No change No change On or before 12/ ''.
oligomers of 31/2023.......
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)......
SEC. 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- Free No change No change On or before 12/ ''.
diisocyanato- 31/2023.......
1,3,5-tris(1-
methylethyl)-,
homopolymer (CAS
No. 29963-44-8)
(provided for in
subheading
3812.39.60)......
SEC. 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 Free No change No change On or before 12/ ''.
liquid 31/2023.......
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)......
SEC. 107630. ANTIOXIDANT BLENDS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H653]]
`` 9902.24.41 Antioxidant blends Free No change No change On or before 12/ ''.
for polymers 31/2023.......
consisting of
tetrakismethylene
(3, 5-di-t-butyl-
4-
hydroxyhydrocinna
mate) 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)......
SEC. 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 Free No change No change On or before 12/ ''.
for polymers 31/2023.......
consisting of N,
N'-hexamethylene
bis[3-(3,5-di-t-
butyl-4-
hydroxyphenyl)pro
pionamide] (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)......
SEC. 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 1.7% No change No change On or before 12/ ''.
stabilizers 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
precipitated 31/2023.......
silica gel (CAS
No. 112926-00-8)
and (4-hydroxy-
2,2,6,6-
tetramethyl-1-
piperidinyl)oxida
nyl (CAS No. 2226-
96-2) of a kind
used as
polymerization
inhibitors
(provided for in
subheading
3812.39.90)......
SEC. 107634. SYNTHETIC HYDROTALCITE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.24.45 Magnesium aluminum 1.6% No change No change On or before 12/ ''.
hydroxide 31/2023.......
carbonate
(synthetic
hydrotalcite)
(CAS No. 11097-59-
9) coated with a
vegetable-based
(palm oil)
stearic acid
(provided for in
subheading
3812.39.90)......
SEC. 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 Free No change No change On or before 12/ ''.
light stabilizers 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
for plastics 31/2023.......
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-
tetramethylpiperi
din-4-yl)
octadecanoate
(CAS No. 167078-
06-0) and 2,2,6,6-
tetramethylpiperi
din-4-ol (CAS No.
2403-88-5)
(provided for in
subheading
3812.39.90)......
[[Page H654]]
SEC. 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 Free No change No change On or before 12/ ''.
used as an 31/2023.......
initiator
(radical source)
in the
crosslinking of
polymers
consisting of
bis(2,4-
dichlorobenzoyl)p
eroxide (CAS No.
133-14-2) and
silicone oil
(provided for in
subheading
3815.90.50)......
SEC. 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 Free No change No change On or before 12/ ''.
oils containing 31/2023.......
more than 2
percent by weight
rosin (CAS No.
8002-26-4)
(provided for in
subheading
3823.13.00)......
SEC. 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 Free No change No change On or before 12/ ''.
derivatives (CAS 31/2023.......
No. 68391-11-7)
(provided for in
subheading
3824.99.28)......
SEC. 107640. POLYISOCYANATE CROSSLINKING AGENTS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.24.51 Polyisocyanate Free No change No change On or before 12/ ''.
crosslinking 31/2023.......
agent tris(4-
isocyanatophenoxy
)-sulfanylidene-
l5-phosphane (CAS
No. 4151-51-3)
(provided for in
subheading
3824.99.28)......
SEC. 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 Free No change No change On or before 12/ ''.
phenol;propane-1- 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
modified amine 31/2023.......
complex of
(benzylamine)trif
luoroboron (CAS
No. 696-99-1)
(provided for in
subheading
3824.99.28)......
SEC. 107643. PHTHALOCYANINE DERIVATIVE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.24.54 1- Free No change No change On or before 12/ ''.
Octadecanaminium, 31/2023.......
N,N-dimethyl-N-
octadecyl-, (Sp-4-
2)-[29H,31H-
phthalocyanine-2-
sulfonato(3-)-
kN29, kN30, kN31,
kN32]cuprate(1-)
(CAS No. 70750-63-
9) (provided for
in subheading
3824.99.28)......
SEC. 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:
[[Page H655]]
`` 9902.24.55 Mixtures of 2-[3- Free No change No change On or before 12/ ''.
(dodecanoylamino) 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
oil mono-, di-, 31/2023.......
and triglycerides
of a kind used
for fuel
additives (CAS
No. 97722-02-6)
(provided for in
subheading
3824.99.41)......
SEC. 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 Free No change No change On or before 12/ ''.
substances of 31/2023.......
animal origin
containing 50
percent by weight
of 2-(2-
hydroxyethylamino
)ethanol on a
polyethylene
carrier (provided
for in subheading
3824.99.41)......
SEC. 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 Free No change No change On or before 12/ ''.
for metalworking 31/2023.......
fluids of 2-
[dimethyl(propyl)
azaniumyl]ethyl-
[2-[2-[2-[2-[2-[2-
[2-
methoxyethyl(dime
thyl)azaniumyl]et
hyl-
dimethylazaniumyl
]ethoxy]ethyl-
dimethylazaniumyl
]ethyl-
dimethylazaniumyl
]ethoxy]ethyl]-
dimethylazanium;h
exachloride (CAS
No. 31075-24-8)
(provided for in
subheading
3824.99.55)......
SEC. 107648. NAPHTHENIC ACIDS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.24.59 Naphthenic acids Free No change No change On or before 12/ ''.
composed of 3-(3- 31/2023.......
ethylcyclopentyl)
propanoic acid
(CAS No. 1338-24-
5) having an
acidic fraction
greater than 70
percent (provided
for in subheading
3824.99.75)......
SEC. 107649. HYDROXYTYROSOL POWDERS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.24.60 Mixtures Free No change No change On or before 12/ ''.
containing 31/2023.......
(2R,3S,4R,5R)-
2,3,4,5,6-
pentahydroxyhexan
al (CAS No. 9050-
36-6 (less than
90 percent by
weight)) and 4-(2-
hydroxyethyl)benz
ene-1,2-diol (CAS
No. 10597-60-1
(less than 25
percent by
weight))
(provided for in
subheading
3824.99.92)......
SEC. 107650. SECONDARY ALCOHOL ETHOXYLATES.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H656]]
`` 9902.24.61 Mixtures of C12-14- 2.8% No change No change On or before 12/ ''.
secondary 31/2023.......
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)......
SEC. 107651. ETHYLENE GLYCOL DIMERATE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.24.62 Mixtures Free No change No change On or before 12/ ''.
containing fatty 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
silicone kits 31/2023.......
(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(trimeth
ylsilyloxy)silyl]
oxy-ethenyl-
methyl-
trimethylsilyloxy
silane (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(dimethylsilyl
oxy)-
dimethylsilane
(CAS No. 70900-21-
9) and 1 to 3
percent by weight
silica,
[(ethenyldimethyl
silyl)oxy]- and
[(trimethylsilyl)
oxy]-modified
(CAS No. 68988-89-
6) (provided for
in subheading
3824.99.92)......
SEC. 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 Free No change No change On or before 12/ ''.
silicones, di- 31/2023.......
methyl, reaction
products with
silica (CAS No.
67762-90-7)
(provided for in
subheading
3824.99.92)......
SEC. 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; Free No change No change On or before 12/ ''.
trimethoxy(octyl) 31/2023.......
silane (CAS No.
92797-60-9)
(provided for in
subheading
3824.99.92)......
SEC. 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- Free No change No change On or before 12/ ''.
(trimethylsilyl)s 31/2023.......
ilanamine
hydrolysis
products with
silica and 3-
(triethoxysilyl)-
1-propanamine
(CAS No. 199876-
44-3) (provided
for in subheading
3824.99.92)......
SEC. 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 Free No change No change On or before 12/ ''.
curing agents 31/2023.......
based on
cycloaliphatic
amine technology
containing (3-
aminimethyl-3,5,5-
trimethylcyclohex
ylamine) (CAS No.
285513-2)
(provided for in
subheading
3824.99.92)......
[[Page H657]]
SEC. 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 Free No change No change On or before 12/ ''.
on 1- 31/2023.......
phenylicosane-1,3-
dione (CAS No.
58446-52-9)
(provided for in
subheading
3824.99.92)......
SEC. 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 Free No change No change On or before 12/ ''.
2- 31/2023.......
ethoxycarbothioyl
sulfanylpropanoat
e (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)......
SEC. 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 Free No change No change On or before 12/ ''.
mixtures of 31/2023.......
linseed oil
polymer with
bisphenol A,
bisphenol A
diglycidyl ether,
diethylenetriamin
e, formaldehyde,
glycidyl phenyl
ether and
pentaethylenehexa
mine (CAS No.
68915-81-1)
(provided for in
subheading
3824.99.92)......
SEC. 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- Free No change No change On or before 12/ ''.
(Aminomethyl)phen 31/2023.......
yl]methanamine
(CAS No. 1477-55-
0) (provided for
in subheading
3824.99.92)......
SEC. 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 Free No change No change On or before 12/ ''.
flame retardants 31/2023.......
based on organic
phosphinates
aluminum;diethylp
hosphinate (CAS
No. 225789-38-8)
phosphonic acid,
aluminum salt
(3:2) (CAS No.
56287-23-1)
(provided for in
subheading
3824.99.92)......
SEC. 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- Free No change No change On or before 12/ ''.
18 and C18- 31/2023.......
unsaturated,
sodium salts (CAS
No. 68424-26-0)
(provided for in
subheading
3824.99.92)......
SEC. 107663. ORGANOMODIFIED SILOXANE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.24.74 Mixtures of Free No change No change On or before 12/ ''.
poly[oxy(methyl- 31/2023.......
1,2-ethanediyl)],
a-butyl-v-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)......
[[Page H658]]
SEC. 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- Free No change No change On or before 12/ ''.
18, methyl esters 31/2023.......
(methyl palmitate-
stearate,
hydrogenated)
(CAS No. 85586-21-
6) (provided for
in subheading
3824.99.92)......
SEC. 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% No change No change On or before 12/ ''.
1,2-diol;2,4,7,9- 31/2023.......
tetramethyldec-5-
yne-4,7-diol (CAS
No. 9014-85-1)
(provided for in
subheading
3824.99.92)......
SEC. 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 Free No change No change On or before 12/ ''.
flame retardants 31/2023.......
based on organic
phosphinates
aluminum;diethylp
hosphinate (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)......
SEC. 107667. FLAME RETARDANTS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.24.78 Non-halogenated Free No change No change On or before 12/ ''.
flame retardant 31/2023.......
based on organic
phosphinates
aluminum;diethylp
hosphinate (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)......
SEC. 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 Free No change No change On or before 12/ ''.
propane-1,2,3- 31/2023.......
triol (CAS No. 56-
81-5); (4S)-4-
acetamido-5-
[[(2S)-1-[[(2S)-1-
[[(2S)-5-amino-1-
[[(2S)-1-[[(2S)-1-
amino-5-
(diaminomethylide
neamino)-1-
oxopentan-2-
yl]amino]-5-
(diaminomethylide
neamino)-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)......
SEC. 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- 3.9% No change No change On or before 12/ ''.
silicate (lithium 31/2023.......
silicon oxide) in
dark gray
powdered form
(CAS No. 12627-14-
4) (provided for
in subheading
3824.99.92)......
SEC. 107670. BRANCHED OLEFIN FROM PROPYLENE POLYMERIZATION.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H659]]
`` 9902.24.81 Branched olefin Free No change No change On or before 12/ ''.
from propylene 31/2023.......
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.
SEC. 107671. POLYPROPYLENE PELLETS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.24.82 Polypropylene in Free No change No change On or before 12/ ''.
pellet form, 31/2023.......
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)......
SEC. 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- 4.9% No change No change On or before 12/ ''.
ethylene) (CAS 31/2023.......
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........
SEC. 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 3.3% No change No change On or before 12/ ''.
copolymers, 31/2023.......
containing 50 to
75 percent by
weight of
propylene (CAS
No. 9010-79-1)
(provided for in
subheading
3902.30.00)......
SEC. 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, 1.3% No change No change On or before 12/ ''.
polypropylene 31/2023.......
derivatives (CAS
No. 68081-77-6)
(provided for in
subheading
3902.90.00)......
SEC. 107675. CHLORINATED POLYOLEFIN.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.24.86 Chlorinated Free No change No change On or before 12/ ''.
polyolefin (1- 31/2023.......
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)......
SEC. 107676. ADSORBENT RESIN.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.24.87 Poly(divinylbenzen Free No change No change On or before 12/ ''.
e-co- 31/2023.......
ethylstyrene)
(CAS No. 9043-77-
0) (provided for
in subheading
3903.90.50)......
SEC. 107677. VINYL CHLORIDE-HYDROXYPROPYL ACRYLATE COPOLYMER.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H660]]
`` 9902.24.88 2-Hydroxypropyl Free No change No change On or before 12/ ''.
prop-2-enoate 31/2023.......
(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)......
SEC. 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 Free No change No change On or before 12/ ''.
containing by 31/2023.......
weight less than
70 percent of
ethylene-vinyl
chloride
copolymer (CAS
No. 25037-78-9)
(provided for in
subheading
3904.40.00)......
SEC. 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, Free No change No change On or before 12/ ''.
1,1,2,3,3,3- 31/2023.......
hexafluoro-,
oxidized,
polymerized (CAS
69991-67-9)
(provided for in
subheading
3904.69.50), with
boiling point
above 170 C......
SEC. 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- Free No change No change On or before 12/ ''.
tetrafluoro-, 31/2023.......
oxidized,
polymerized,
reduced,
fluorinated,
ethyl esters,
reduced (CAS No.
1573124-82-9)
(provided for in
subheading
3904.69.50)......
SEC. 107681. PERFLUOROPOLYETHER-URETHANE ACRYLATE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.24.92 Perfluoropolyether- Free No change No change On or before 12/ ''.
urethane acrylate 31/2023.......
(2-propenoic
acid, 2-
hydroxyethyl
ester, reaction
products with 5-
isocyanato-1-
(isocyanatomethyl
)-1,3,3-
trimethylcyclohex
ane trimer and
reduced Me esters
of reduced
polymerized,
oxidized
tetrafluoroethyle
ne) (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)......
SEC. 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 Free No change No change On or before 12/ ''.
ethene, 1,1- 31/2023.......
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)......
SEC. 107683. CHEMICALLY MODIFIED PVDF.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.24.94 Chemically Free No change No change On or before 12/ ''.
modified ethene, 31/2023.......
1,1-difluoro-,
homopolymer (CAS
No. 24937-79-9)
(provided for in
subheading
3904.69.50)......
[[Page H661]]
SEC. 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 Chlorotrifluoroeth Free No change No change On or before 12/ ''.
ylene-cyclohexyl 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
containing 50 31/2023.......
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)......
SEC. 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, Free No change No change On or before 12/ ''.
ethenyl ester, 31/2023.......
polymer with
ethenyl acetate
(CAS No. 26354-30-
3) (provided for
in subheading
3905.19.00)......
SEC. 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 Free No change No change On or before 12/ ''.
containing by 31/2023.......
weight less than
75 percent of
ethylene-vinyl
acetate-vinyl
chloride
copolymer (CAS
No. 25085-46-5)
(provided for in
subheading
3905.29.00)......
SEC. 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 Free No change No change On or before 12/ ''.
containing not 31/2023.......
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)......
SEC. 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, Free No change No change On or before 12/ ''.
ethenyl ester, 31/2023.......
polymer with
ethenyl acetate
(CAS No. 26354-30-
3) (provided for
in subheading
3905.29.00)......
SEC. 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- Free No change No change On or before 12/ ''.
sodium 31/2023.......
vinylsulfonate
copolymers,
sodium persulfate
initiated,
reaction product
with tetrasodium
vinylidene
diphosphonic acid
(CAS No. 397256-
50-7) (provided
for in subheading
3905.91.50)......
[[Page H662]]
SEC. 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 Free No change No change On or before 12/ ''.
methacrylate) 31/2023.......
granular or
spherical micro-
spheres, each
with mean
particle size of
1 to 25 mm (CAS
No. 9011-14-7)
(provided for in
subheading
3906.10.00)......
SEC. 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 Free No change No change On or before 12/ ''.
methyl 31/2023.......
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 mm and
containing 7 to
10 percent by
weight of
dicalcium
phosphate (CAS
No. 7757-93-9)
(provided for in
subheading
3906.10.00)......
SEC. 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 Free No change No change On or before 12/ ''.
containing less 31/2023.......
than 65 percent
by weight of
butyl prop-2-
enoate;styrene
(CAS No. 25767-47-
9) (provided for
in subheading
3906.90.50)......
SEC. 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 Free No change No change On or before 12/ ''.
of itaconic and 31/2023.......
acrylic acids,
containing by
weight over 90
percent 2-
propenoic acid
polymer with
methylenebutanedi
oic acid, and
also containing
ethyl acetate and
tetrahydrofuran
(CAS No. 25948-33-
8) (provided for
in subheading
3906.90.50)......
SEC. 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, Free No change No change On or before 12/ ''.
polymer with p- 31/2023.......
ethenylphosphonic
acid, 20 percent
solution in water
(CAS No. 27936-88-
5) (provided for
in subheading
3906.90.50)......
SEC. 107696. POLYACRYLATE 33.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.25.08 Mixtures of Free No change No change On or before 12/ ''.
polyacrylate 33 31/2023.......
(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)......
SEC. 107697. AA/AMPS COPOLYMER.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H663]]
`` 9902.25.09 Acrylic acid-2- Free No change No change On or before 12/ ''.
acrylamide-2- 31/2023.......
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 mm (provided
for in subheading
3906.90.50)......
SEC. 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 Free No change No change On or before 12/ ''.
polyacrylamides 31/2023.......
(prop-2-enamide)
(CAS No. 9003-05-
8) (provided for
in subheading
3906.90.50)......
SEC. 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- Free No change No change On or before 12/ ''.
, polymer with 31/2023.......
oxirane, ether
with D-glucitol
(6:1) (CAS No.
56449-05-9)
(provided for in
subheading
3907.20.00)......
SEC. 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- Free No change No change On or before 12/ ''.
1,2-ethanediyl)], 31/2023.......
a-(((3-
(trimethoxysilyl)
propyl)amino)carb
onyl)-v-((((3-
(trimethoxysilyl)
propyl)amino)carb
onyl)oxy)- (CAS
No. 216597-12-5)
(provided for in
subheading
3907.20.00)......
SEC. 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- Free No change No change On or before 12/ ''.
1,2-ethanediyl)), 31/2023.......
a-
((((dimethoxymeth
ylsilyl)
methyl)amino)carb
onyl)-v-
(((((dimethoxymet
hylsilyl)
methyl)amino)carb
onyl)oxy)-(CAS
No. 611222-18-5)
(provided for in
subheading
3907.20.00)......
SEC. 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 Free No change No change On or before 12/ ''.
glycol diamine 31/2023.......
((3S,4S)-
pyrrolidine-3,4-
diol) (CAS No.
9046-10-0)
(provided for in
subheading
3907.20.00)......
SEC. 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- Free No change No change On or before 12/ ''.
ethanediyl),a- 31/2023.......
hydro-v-hydroxy-
ethane-1,2-diol,
ethoxylated, PEG
450 (CAS No.
25322-68-3)
(provided for in
subheading
3907.20.00)......
SEC. 107704. MEDICINAL INTERMEDIATE FOR INVESTIGATIONAL USE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H664]]
`` 9902.25.16 Poly(oxy-1,2- Free No change No change On or before 12/ ''.
ethandiyl), a- 31/2023.......
[[(2,5-dioxo-1-
pyrrolidinyl)
oxy]carbonyl]-v-
[[(2,5-dioxo-1-
pyrrolinyl)oxy]ca
rbonyl]oxy-(di-
NHS PEG40K) (CAS
No. 122375-06-8)
(provided for in
subheading
3907.20.00)......
SEC. 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 3% No change No change On or before 12/ ''.
containing by 31/2023.......
weight more than
35 percent of 2,5-
furandione,
polymer with a-[4-
(ethenyloxy)butyl
]-v-
hydroxypoly(oxy-
1,2-ethanediyl),
sodium salt (CAS
No. 250591-55-0)
(provided for in
subheading
3907.20.00)......
SEC. 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 Free No change No change On or before 12/ ''.
containing by 31/2023.......
weight more than
40 percent of 2,5-
furandione,
polymer with
ethenylbenzene,
hydrolyzed, 3-
(dimethylamino)pr
opyl imide, imide
with polyethylene-
polypropylene
glycol 2-
aminopropyl me
ether, 2,2'-(1,2-
diazenediyl)bis(2-
methylbutanenitri
le)-initiated
(CAS No. 1062609-
13-5) (provided
for in subheading
3907.20.00)......
SEC. 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, Free No change No change On or before 12/ ''.
polymer with 2- 31/2023.......
(chloromethyl)oxi
rane and N-
methylmethanamine
(CAS No. 42751-79-
1) (provided for
in subheading
3907.30.00)......
SEC. 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 Free No change No change On or before 12/ ''.
carbonate-co-1,6- 31/2023.......
hexanediol) (CAS
No. 101325-00-2)
(provided for in
subheading
3907.40.00)......
SEC. 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 Free No change No change On or before 12/ ''.
poly(ethylene 31/2023.......
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)......
SEC. 107710. POLYTETRAHYDROFURAN.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.25.23 Polytetrahydrofura Free No change No change On or before 12/ ''.
n (CAS No. 25190- 31/2023.......
06-1) (provided
for in subheading
3907.99.50)......
SEC. 107711. CRYSTALLINE POLYESTERS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H665]]
`` 9902.25.24 1,4- Free No change No change On or before 12/ ''.
Benzenedicarboxyl 31/2023.......
ic acid, 1,4-
dimethyl ester,
polymer with 1,4-
butanediol and a-
hydro-v-
hydroxypoly(oxy-
1,4- butanediyl)
(CAS No. 9078-71-
1) (provided for
in subheading
3907.99.50)......
SEC. 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- Free No change No change On or before 12/ ''.
Benzenedicarboxyl 31/2023.......
ic acid, polymer
with 1,4-
butanediol and a-
hydro-v-
hydroxypoly(oxy-
1,4-butanediyl)
(CAS No. 37282-12-
5) (provided for
in subheading
3907.99.50)......
SEC. 107713. BRANCHED POLYESTERS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.25.26 1,3- Free No change No change On or before 12/ ''.
Benzenedicarboxyl 31/2023.......
ic acid, polymer
with 1,3-dihydro-
1,3-dioxo-5-
isobenzofurancarb
oxylic acid, 1,4-
dimethyl 1,4-
benzenedicarboxyl
ate, 2,2-dimethyl-
1,3-propanediol
and 1,2-
ethanediol (CAS
No. 207346-22-3)
(provided for in
subheading
3907.99.50)......
SEC. 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- Free No change No change On or before 12/ ''.
Benzenedicarboxyl 31/2023.......
ic acid, 1,4-
dimethyl ester,
polymer with 1,4-
butanediol and
tricyclodecanedim
ethanol (CAS No.
490017-22-6)
(provided for in
subheading
3907.99.50)......
SEC. 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- Free No change No change On or before 12/ ''.
Benzenedicarboxyl 31/2023.......
ic acid polymer
with 1,4-
benzenedicarboxyl
ic acid, dimethyl
ester, 1,4-
cyclohexanedimeth
anol, 2,2-
dimethyl-1,3-
propanediol and
1,2-ethanediol
(CAS No. 74239-60-
4) (provided for
in subheading
3907.99.50)......
SEC. 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, Free No change No change On or before 12/ ''.
reaction products 31/2023.......
with ethylenimine-
2-oxepanone
polymer (CAS No.
132434-99-2)
(provided for in
subheading
3907.99.50)......
SEC. 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 Free No change No change On or before 12/ ''.
spherical micro- 31/2023.......
spheres with mean
particle size of
1 to 25 mm (CAS
No. 24937-16-4)
(provided for in
subheading
3908.10.00)......
SEC. 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. Free No change No change On or before 12/ ''.
32131-17-2) 31/2023.......
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)......
[[Page H666]]
SEC. 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. Free No change No change On or before 12/ ''.
25038-54-4) 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
(CAS No. 25038-54- 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
6 (CAS No. 25038- 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
6 (CAS No. 25038- 31/2023.......
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)......
SEC. 107723. PA510 POLYMER COMPOUNDS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.25.36 Mixtures Free No change No change On or before 12/ ''.
containing 31/2023.......
poly(imino-1,5-
pentanediylimino(
1,10-dioxo-1,10-
decanediyl))
PA510 (CAS No.
105063-19-2)
(provided for in
subheading
3908.90.70)......
SEC. 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 2.2% No change No change On or before 12/ ''.
hexanedioic acid, 31/2023.......
polymer with 1,3-
benzenedimethanam
ine (MXD6) (CAS
No. 25728-70-1)
is the
predominant
polymer resin
(provided for in
subheading
3908.90.70)......
SEC. 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 Free No change No change On or before 12/ ''.
poly(iminocarbony 31/2023.......
l-1,4-
phenylenecarbonyl
imino-1,10-
decanediyl)
(PA10T) (CAS No.
24938-74-7) is
the predominant
polymer resin
(provided for in
subheading
3908.90.70)......
SEC. 107726. PA10T/10I POLYMER COMPOUNDS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H667]]
`` 9902.25.39 Compounds in which Free No change No change On or before 12/ ''.
poly(iminocarbony 31/2023.......
l-1,4-
phenylenecarbonyl
imino-1,10-
decanediyl)-co-
(iminocarbonyl-
1,3-
phenylenecarbonyl
imino-1,10-
decanediyl)
(PA10T/10I) (CAS
No. 106413-15-4)
is the
predominant
polymer resin
(provided for in
subheading
3908.90.70)......
SEC. 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- Free No change No change On or before 12/ ''.
diol;1,6- 31/2023.......
diisocyanatohexan
e;hexanedioic
acid;5-isocyanato-
1-
(isocyanatomethyl
)-1,3,3-
trimethylcyclohex
ane (CAS No.
107934-19-0)
(provided for in
subheading
3909.50.20)......
SEC. 107728. AQUEOUS RESIN.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.25.41 Hexanedioic acid, Free No change No change On or before 12/ ''.
polymer with 1,4- 31/2023.......
butanediol, 1,6-
diisocyanatohexan
e, 1,6-hexanediol
and 5-isocyanato-
1-
(isocyanatomethyl
)-1,3,3-
trimethylcyclohex
ane (CAS No.
153640-62-1)
(provided for in
subheading
3909.50.20)......
SEC. 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- Free No change No change On or before 12/ ''.
Propanetriol, 31/2023.......
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)......
SEC. 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- Free No change No change On or before 12/ ''.
1,2-ethanediyl)], 31/2023.......
a-hydro-v-hydroxy-
, polymer with
1,6-
diisocyanatohexan
e (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)......
SEC. 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 Free No change No change On or before 12/ ''.
diisocyanate 31/2023.......
(HDI)/trimethylol
hexyllactone
crosspolymer (1,6-
diisocyanatohexan
e;2-ethyl-2-
(hydroxymethyl)pr
opane-1,3-
diol;oxepan-2-
one) (CAS No.
129757-76-2),
entirely
spherical micro-
spheres with mean
particle size of
1 to 25 mm and
coated with 1 to
3 percent by
weight of silica
(CAS No. 7631-86-
9) (provided for
in subheading
3909.50.50)......
SEC. 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, Free No change No change On or before 12/ ''.
polymer with 1,6- 31/2023.......
diisocyanatohexan
e, 2-ethyl-2-
(hydroxymethyl)-
1,3-propanediol
and a-hydro-v-
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 mm
(provided for in
subheading
3909.50.50)......
[[Page H668]]
SEC. 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, Free No change No change On or before 12/ ''.
polymethylenepoly 31/2023.......
phenylene ester,
polymer with 2-
methyloxirane and
oxirane (CAS No.
67423-05-6)
(provided for in
subheading
3909.50.50)......
SEC. 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- Free No change No change On or before 12/ ''.
methylethylidene) 31/2023.......
bis-, polymer
with 1,3-
diisocyanatomethy
lbenzene, 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)......
SEC. 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- Free No change No change On or before 12/ ''.
isocyanato-1,3,3- 31/2023.......
trimethylcyclohex
yl)methyl)-1,3-
diazetidine-2,4-
dione;butane-1,4-
diol (CAS No.
72828-34-3)
(provided for in
subheading
3909.50.50)......
SEC. 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- Free No change No change On or before 12/ ''.
(isocyanatomethyl 31/2023.......
)-1,3,3-
trimethylcyclohex
ane (Isophorone
diisocyanante),
homopolymer,
methyl ethyl
ketone oxime-
blocked (CAS No.
103170-26-9)
(provided for in
subheading
3909.50.50)......
SEC. 107737. POLYDIMETHYLSILOXANE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.25.50 Polydimethylsiloxa Free No change No change On or before 12/ ''.
ne (Dimethyl- 31/2023.......
bis(trimethylsily
loxy)silane) (CAS
No. 63148-62-9)
(provided for in
heading
3910.00.00)......
SEC. 107738. SILICONE RESINS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.25.51 Siloxanes and Free No change No change On or before 12/ ''.
silicones, di-Me, 31/2023.......
polymers with Me
PH
silsesquioxanes
(CAS No. 68440-81-
3) (provided for
in heading
3910.00.00)......
SEC. 107739. METHOXYFUNCTIONAL METHYL-PHENYL POLYSILOXANE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H669]]
`` 9902.25.52 Siloxanes and Free No change No change On or before 12/ ''.
silicones, di-Me, 31/2023.......
polymers with PH
silsesquioxanes,
butoxy- and
methoxy-
terminated (CAS
No. 104780-72-5)
(provided for in
heading
3910.00.00)......
SEC. 107740. HYDROGENPOLYSILOXANE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.25.53 Dimethyl- Free No change No change On or before 12/ ''.
[methyl(trimethyl 31/2023.......
silyloxy)silyl]ox
y-
trimethylsilyloxy
silane (CAS No.
68037-59-2)
(provided for in
heading
3910.00.00)......
SEC. 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 Free No change No change On or before 12/ ''.
silicones, di-Me, 31/2023.......
polymers with Me
silsesquioxanes,
ethoxy-terminated
(CAS No. 68554-66-
5) (provided for
in heading
3910.00.00)......
SEC. 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- Free No change No change On or before 12/ ''.
[3-(oxiran-2- 31/2023.......
yl)propoxy]propyl
]-
trimethylsilyloxy
silane (CAS No.
68440-71-1)
(provided for in
heading
3910.00.00)......
SEC. 107743. POLYMETHYLHYDROGENSILOXANE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.25.57 Poly(methylhydrosi Free No change No change On or before 12/ ''.
loxane) (CAS No. 31/2023.......
63148-57-2)
(provided for in
heading
3910.00.00)......
SEC. 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 Free No change No change On or before 12/ ''.
silicones, di-Me, 31/2023.......
vinyl group-
terminated
(ethenyl-
[ethenyl(dimethyl
)silyl]oxy-
dimethylsilane)
(CAS No. 68083-19-
2) (provided for
in heading
3910.00.00)......
SEC. 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 Free No change No change On or before 12/ ''.
containing 85 31/2023.......
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)oxi
rane (CAS No.
30583-72-3)
(provided for in
heading
3910.00.00)......
SEC. 107746. HYDROGENATED POLYCYCLOPENTADIENE RESIN.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.25.60 Hydrogenated Free No change No change On or before 12/ ''.
polycyclopentadie 31/2023.......
ne resin (1,3-
Cyclopentadiene
homopolymer,
hydrogenated)
(CAS No. 68132-00-
3) (provided for
in subheading
3911.10.00)......
[[Page H670]]
SEC. 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- Free No change No change On or before 12/ ''.
diisocyanato-, 31/2023.......
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)......
SEC. 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'- Free No change No change On or before 12/ ''.
[(1- 31/2023.......
methylethylidene)
di-4,1-phenylene]
ester,
homopolymer (CAS
No. 25722-66-1)
(provided for in
subheading
3911.90.45)......
SEC. 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 Free No change No change On or before 12/ ''.
(CAS No. 9002-98- 31/2023.......
6), of a kind
used as a
component for
further
manufacturing
into a finished
medical device
(provided for in
subheading
3911.90.90)......
SEC. 107750. POLYHEXANIDE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.25.64 Poly Free No change No change On or before 12/ ''.
(hexamethylenebig 31/2023.......
uanide)
hydrochloride
(Polyhexanide)
(CAS No. 32289-58-
0) (provided for
in subheading
3911.90.90)......
SEC. 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- Free No change No change On or before 12/ ''.
(2-norbornene)), 31/2023.......
substantially
amorphous, having
a glass
transition
temperature less
than 145 C (CAS
No. 26007-43-2)
(provided for in
subheading
3911.90.90)......
SEC. 107752. CELLULOSE POWDER.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.25.66 Cellulose entirely Free No change No change On or before 12/ ''.
spherical micro- 31/2023.......
spheres, each
with mean
particle size of
1 to 25 mm (CAS
No. 9004-34-6)
(provided for in
subheading
3912.90.00)......
SEC. 107753. POLYMALTOTRIOSE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.25.67 Poly[6)-a-D- 1.3% No change No change On or before 12/ ''.
glucopyranosyl-(1- 31/2023.......
>4)-a-D-
glucopyranosyl-(1-
>4)-a-D-
glucopyranosyl-(1-
>]
(Polymaltotriose)
(CAS No. 9057-02-
7) (provided for
in subheading
3913.90.20)......
SEC. 107754. CHITOSAN.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H671]]
`` 9902.25.68 Chitosan (methyl N- Free No change No change On or before 12/ ''.
[(2S,3R,4R,5S,6R)- 31/2023.......
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)ox
an-2-yl]oxy-4-
hydroxy-6-
(hydroxymethyl)ox
an-2-yl]oxy-4-
hydroxy-6-
(hydroxymethyl)ox
an-2-yl]oxy-4-
hydroxy-6-
(hydroxymethyl)ox
an-2-yl]oxy-4-
hydroxy-6-
(hydroxymethyl)ox
an-2-yl]oxy-4-
hydroxy-6-
(hydroxymethyl)ox
an-2-yl]oxy-2-
[(2R,3S,4R,5R,6S)-
5-amino-6-
[(2R,3S,4R,5R,6R)-
5-amino-4,6-
dihydroxy-2-
(hydroxymethyl)ox
an-3-yl]oxy-4-
hydroxy-2-
(hydroxymethyl)ox
an-3-yl]oxy-4-
hydroxy-6-
(hydroxymethyl)ox
an-3-
yl]carbamate)
(CAS No. 9012-76-
4) (provided for
in subheading
3913.90.20)......
SEC. 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 Free No change No change On or before 12/ ''.
plastics, each 31/2023.......
measuring 8 mm or
more in outside
diameter and 20
cm or more in
length (provided
for in subheading
3917.32.00)......
SEC. 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 Free No change No change On or before 12/ ''.
plastics, 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
of 31/2023.......
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)......
SEC. 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 3.1% No change No change On or before 12/ ''.
sheeting of 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
dielectric 31/2023.......
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)......
SEC. 107760. BIAXIALLY ORIENTED POLYPROPYLENE (BOPP)
CAPACITOR-GRADE FILM.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H672]]
`` 9902.25.74 Transparent Free No change No change On or before 12/ ''.
coextruded 31/2023.......
biaxially
oriented
polypropylene
film, capacitor-
grade, presented
in rolls of a
width not
exceeding 790 mm
and of a
thickness not
exceeding 15 mm
(provided for in
subheading
3920.20.00)......
SEC. 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 Free No change No change On or before 12/ ''.
coextruded 31/2023.......
biaxially
oriented
polyester film,
capacitor-grade,
presented in roll
form, of a width
not exceeding 790
mm and of a
thickness not
exceeding 15 mm
(provided for in
subheading
3920.62.00)......
SEC. 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 4.1% No change No change On or before 12/ ''.
side chain 31/2023.......
(Poly(tetrafluoro
ethylene-co-
perfluoro(3-oxa-4-
pentenesulfonic
acid)) (CAS No.
1163733-25-2)
(provided for in
subheading
3920.99.20)......
SEC. 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 5.4% No change No change On or before 12/ ''.
melamine resin, 31/2023.......
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/
m\3\ per EN ISO
845 specimen size
250 mm\3\
(provided for in
subheading
3921.19.00)......
SEC. 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 3.4% No change No change On or before 12/ ''.
and washbasins of 31/2023.......
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)......
SEC. 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, Free No change No change On or before 12/ ''.
crates and 31/2023.......
similar articles
of plastics
(provided for in
subheading
3923.10.90), the
foregoing
specially shaped
or fitted for the
conveyance of
lithography
machines, appara
tus or parts
thereof for the
manufacture of
semiconductor
devices or of
electronic
integrated
circuits of
subheading
8486.20.00 or
8486.90.00 .....
SEC. 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 Free No change No change On or before 12/ ''.
polypropylene, 31/2023.......
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)......
SEC. 107767. TIP/CAP COMBINATIONS OF POLYETHYLENE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H673]]
`` 9902.25.81 Tips of low Free No change No change On or before 12/ ''.
density 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
density 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
caps of plastics, 31/2023.......
designed for use
on ceramic neti
pots (provided
for in subheading
3923.50.00)......
SEC. 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 2.8% No change No change On or before 12/ ''.
(3D) toy 31/2023.......
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)......
SEC. 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, Free No change No change On or before 12/ ''.
other than those 31/2023.......
presented in sets
(provided for in
subheading
3924.10.20)......
SEC. 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, 0.8% No change No change On or before 12/ ''.
other than those 31/2023.......
presented in sets
(provided for in
subheading
3924.10.20)......
SEC. 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, 0.8% No change No change On or before 12/ ''.
not presented in 31/2023.......
sets (provided
for in subheading
3924.10.20)......
SEC. 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, Free No change No change On or before 12/ ''.
the foregoing 31/2023.......
other than those
presented in sets
(provided for in
subheading
3924.10.30)......
[[Page H674]]
SEC. 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, Free No change No change On or before 12/ ''.
spoons, or 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
measuring tools, 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
beverage 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
(PVC) infant 31/2023.......
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)......
SEC. 107779. REVERSIBLE PLAYMATS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.25.93 Printed, cushioned Free No change No change On or before 12/ ''.
mats, each with 31/2023.......
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)......
SEC. 107780. HANGERS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.25.95 Molded plastic Free No change No change On or before 12/ ''.
hangers of a 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
rinsing cups, of 31/2023.......
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)......
[[Page H675]]
SEC. 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 Free No change No change On or before 12/ ''.
adjustable 31/2023.......
bathtub spout
covers, of
thermoplastic
materials
(provided for in
subheading
3924.90.56)......
SEC. 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 Free No change No change On or before 12/ ''.
silicone, each 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
thermoplastic 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
nylon 3-gang 31/2023.......
switch
wallplates, each
measuring
approximately
17.14 cm by 12.4
cm (provided for
in subheading
3925.90.00)......
SEC. 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 Free No change No change On or before 12/ ''.
designed to 31/2023.......
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)......
SEC. 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, Free No change No change On or before 12/ ''.
each with tip and 31/2023.......
bulb of clear
silicone and with
polystyrene ring
connector
(provided for in
subheading
3926.90.21)......
SEC. 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 Free No change No change On or before 12/ ''.
pillows of 31/2023.......
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)......
[[Page H676]]
SEC. 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 Free No change No change On or before 12/ ''.
mattresses of 31/2023.......
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)......
SEC. 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 3.6% No change No change On or before 12/ ''.
or of 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
spouts or 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
hard plastics, 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
tips, each 31/2023.......
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)......
SEC. 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 3.8% No change No change On or before 12/ ''.
nylon, measuring 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
plastics, each 31/2023.......
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)......
[[Page H677]]
SEC. 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 Free No change No change On or before 12/ ''.
containing three 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
plastics, 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
plastics, each 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
plastics, 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
plastics, 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
plastics, 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
plastics, each 31/2023.......
designed to
attach a camera
of subheading
8525.80.40
securely onto a
tripod (provided
for in subheading
3926.90.99)......
[[Page H678]]
SEC. 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 1.6% No change No change On or before 12/ ''.
vulcanized 31/2023.......
rubber,
reinforced with
metal, without
fittings,
designed for
hydraulic use
(provided for in
subheading
4009.21.00)......
SEC. 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 Free No change No change On or before 12/ ''.
fittings, for the 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
vulcanized rubber 31/2023.......
(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)......
SEC. 107806. DISPOSABLE GLOVES.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.26.22 Seamless 1.5% No change No change On or before 12/ ''.
disposable gloves 31/2023.......
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)......
SEC. 107807. REUSABLE GLOVES.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.26.23 Household reusable 1.2% No change No change On or before 12/ ''.
seamless gloves, 31/2023.......
of vulcanized
rubber other than
hard rubber
(provided for in
subheading
4015.19.10)......
SEC. 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 1% No change No change On or before 12/ ''.
apparel, 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
polycarbonate 31/2023.......
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)......
SEC. 107810. ALUMINUM VANITY CASES.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H679]]
`` 9902.26.26 Hard-sided vanity Free No change No change On or before 12/ ''.
cases of 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
outer surface of 31/2023.......
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)......
SEC. 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 12.7% No change No change On or before 12/ ''.
made from 31/2023.......
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)......
SEC. 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- 6.9% No change No change On or before 12/ ''.
style tote bags 31/2023.......
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....
SEC. 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 Free No change No change On or before 12/ ''.
bags of woven man- 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
bags of woven man- 31/2023.......
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)......
SEC. 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:
[[Page H680]]
`` 9902.26.34 Waterproof bags of Free No change No change On or before 12/ ''.
clear 31/2023.......
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..........
SEC. 107817. WATERPROOF BACKPACKS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.26.35 Waterproof Free No change No change On or before 12/ ''.
backpacks of 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
packs of woven 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
having a guitar- 31/2023.......
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)......
SEC. 107820. JEWELRY BOXES.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.26.38 Jewelry boxes Free No change No change On or before 12/ ''.
constructed of 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
silicone rubber, 31/2023.......
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)......
SEC. 107822. LEATHER GLOVES WITH FLIP MITTS FOR HUNTING.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H681]]
`` 9902.26.40 Full-fingered Free No change No change On or before 12/ ''.
gloves, each with 31/2023.......
a palm side of
leather and a
back side
comprising a
camouflage-
printed knitted
fabric wholly of
polyester and
laminated to
expanded
polytetrafluoroet
hylene (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)......
SEC. 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- Free No change No change On or before 12/ ''.
fingered gloves 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
(provided for in 31/2023.......
subheading
4303.10.00)......
SEC. 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 Free No change No change On or before 12/ ''.
with a face ply 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
with a face ply 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
with a face ply 31/2023.......
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)......
SEC. 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:
[[Page H682]]
`` 9902.26.46 Strand bamboo Free No change No change On or before 12/ ''.
(Phyllostachys 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
(Phyllostachys 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
(Phyllostachys 31/2023.......
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)......
SEC. 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 0.7% No change No change On or before 12/ ''.
(provided for in 31/2023.......
subheading
4419.12.00)......
SEC. 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 Free No change No change On or before 12/ ''.
wood designed to 31/2023.......
mount on the wall
and fold up
accordion style,
the foregoing
used for drying
delicate clothing
(provided for in
subheading
4420.90.80)......
SEC. 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 Free No change No change On or before 12/ ''.
made of bamboo, 31/2023.......
the foregoing not
over 31 cm in
length (provided
for in subheading
4421.91.60)......
SEC. 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 Free No change No change On or before 12/ ''.
louvered boards 31/2023.......
(provided for in
subheading
4421.99.40)......
SEC. 107835. 100 PERCENT COTTON WOVEN CRIMPED UNBLEACHED
FABRIC.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H683]]
`` 9902.26.53 Woven fabrics Free No change No change On or before 12/ ''.
wholly of cotton, 31/2023.......
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/m2
before folding
and less than 75
g/m2 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)......
SEC. 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 Free No change No change On or before 12/ ''.
cotton, 31/2023.......
containing 85
percent or more
by weight of
cotton, weighing
not more than 200
g/m2, 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)......
SEC. 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 Free No change No change On or before 12/ ''.
cotton, bleached, 31/2023.......
open weave,
average yarn
number between 43
and 68 metric,
weighing less
than 60 g/m2;
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)......
SEC. 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 Free No change No change On or before 12/ ''.
wholly of cotton, 31/2023.......
bleached, twill
weave, of single
ply yarns,
weighing between
132 and 140 g/m2,
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)......
SEC. 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 Free No change No change On or before 12/ ''.
cotton, 31/2023.......
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/m2,
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)......
SEC. 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 Free No change No change On or before 12/ ''.
cotton, 31/2023.......
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/m2,
unbleached, plain
weave, of yarn
number 69 or
higher number, in
widths of 226 cm
or greater
(provided for in
subheading
5210.11.80)......
[[Page H684]]
SEC. 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 Free No change No change On or before 12/ ''.
cotton, 31/2023.......
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/m2,
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)......
SEC. 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 Free No change No change On or before 12/ ''.
cotton, of yarn 31/2023.......
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/m2,
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)......
SEC. 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 Free No change No change On or before 12/ ''.
cotton, of yarn 31/2023.......
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/m2,
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)......
SEC. 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 Free No change No change On or before 12/ ''.
cotton, 3-thread 31/2023.......
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/m2,
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)......
SEC. 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 Free No change No change On or before 12/ ''.
cotton, 3-thread 31/2023.......
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/m2,
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)......
SEC. 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:
[[Page H685]]
`` 9902.26.65 Synthetic Free No change No change On or before 12/ ''.
(polyvinyl 31/2023.......
alcohol) filament
yarn, untwisted,
measuring from
1,100 to 1,330
decitex and
consisting of 200
filaments
(provided for in
subheading
5402.49.91)......
SEC. 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 0.5% No change No change On or before 12/ ''.
(polyvinyl 31/2023.......
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)......
SEC. 107848. POLYPROPYLENE (PP) MONOFILAMENT.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.26.67 Synthetic Free No change No change On or before 12/ ''.
monofilament of 31/2023.......
polypropylene, of
67 decitex or
more and of which
no cross-
sectional
dimension exceeds
1 mm (provided
for in subheading
5404.12.90)......
SEC. 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 Free No change No change On or before 12/ ''.
tow containing at 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
fibers, not 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
fibers containing 31/2023.......
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)......
SEC. 107852. MODACRYLIC STAPLE FIBERS NOT PROCESSED FOR
SPINNING.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H686]]
`` 9902.26.73 Modacrylic staple Free No change No change On or before 12/ ''.
fibers containing 31/2023.......
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)......
SEC. 107853. SHORT POLYPROPYLENE FIBERS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.26.74 Polypropylene Free No change No change On or before 12/ ''.
fibers, 6.66 31/2023.......
decitex, with a
fiber length of
0.5 mm (provided
for in subheading
5503.40.00)......
SEC. 107854. POLYOXADIAZOLE FIBERS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.26.75 Synthetic staple Free No change No change On or before 12/ ''.
fibers of 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
fibers of viscose 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
fibers of viscose 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
fibers of viscose 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
fibers of viscose 31/2023.......
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)......
[[Page H687]]
SEC. 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 Free No change No change On or before 12/ ''.
fibers of viscose 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
fibers of viscose 31/2023.......
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.
SEC. 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 Free No change No change On or before 12/ ''.
fibers of viscose 31/2023.......
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.......
SEC. 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 Free No change No change On or before 12/ ''.
fibers of viscose 31/2023.......
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.......
SEC. 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 0.6% No change No change On or before 12/ ''.
fibers of viscose 31/2023.......
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.......
SEC. 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:
[[Page H688]]
`` 9902.26.85 Artificial staple Free No change No change On or before 12/ ''.
fibers of viscose 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
viscose rayon, 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
fibers of viscose 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
fibers of viscose 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
fibers of viscose 31/2023.......
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........
SEC. 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 Free No change No change On or before 12/ ''.
viscose rayon, 31/2023.......
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)......
SEC. 107870. BLACK VISCOSE RAYON STAPLE FIBERS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H689]]
`` 9902.26.91 Artificial staple Free No change No change On or before 12/ ''.
fibers, not 31/2023.......
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.......
SEC. 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 Free No change No change On or before 12/ ''.
modacrylic staple 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
string-drawn 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
textile floor 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
made up knitted 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
leather', 31/2023.......
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/m2,
measuring 132 cm
to 137 cm in
width (provided
for in subheading
5903.20.25)......
SEC. 107876. GRASS CATCHER BAGS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H690]]
`` 9902.26.97 Grass catcher bags Free No change No change On or before 12/ ''.
of man-made fiber 31/2023.......
fabric, used
primarily with
push lawn mowers,
riding lawn
mowers and
chipper/shredder/
vacuums (provided
for in subheading
5911.90.00)......
SEC. 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 Free No change No change On or before 12/ ''.
crocheted fabrics 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
containing by 31/2023.......
weight 66 to 79
percent
micromodal and 21
to 34 percent
elastane,
measuring over 30
cm in width,
weighing 155 to
220 g/m2, knitted
with fine machine
gauges of 44 to
50 (provided for
in subheading
6004.10.00)......
SEC. 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 Free No change No change On or before 12/ ''.
fabrics 31/2023.......
containing by
weight 71 percent
technical cotton
and 29 percent
elastane,
measuring 170 to
180 cm in width,
weighing 160 to
200 g/m2, valued
at $14.50 or more
per linear meter
(provided for in
subheading
6004.10.00)......
SEC. 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 Free No change No change On or before 12/ ''.
fabric containing 31/2023.......
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)......
SEC. 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' Free No change No change On or before 12/ ''.
dresses, knitted 31/2023.......
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)......
SEC. 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:
[[Page H691]]
`` 9902.27.06 Women's and girls' Free No change No change On or before 12/ ''.
skirts and 31/2023.......
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)......
SEC. 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' Free No change No change On or before 12/ ''.
knitted or 31/2023.......
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)......
SEC. 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' Free No change No change On or before 12/ ''.
knitted or 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
crocheted 31/2023.......
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)......
SEC. 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' Free No change No change On or before 12/ ''.
tops, knitted or 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
tops, knitted or 31/2023.......
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)......
SEC. 107888. MEN'S 3 MM WETSUITS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H692]]
`` 9902.27.17 Men's full-body Free No change No change On or before 12/ ''.
wetsuits, each 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
wetsuits, each 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
wetsuits, made 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
wetsuits, each 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
wetsuits, each 31/2023.......
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)......
SEC. 107893. WOMEN'S 3.5 MM WETSUITS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H693]]
`` 9902.27.22 Women's full-body Free No change No change On or before 12/ ''.
wetsuits, made 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
wetsuits, each 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
wetsuits, of 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
knitted fabrics 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
wader bottom 31/2023.......
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)......
SEC. 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:
[[Page H694]]
`` 9902.27.27 Men's stockingfoot Free No change No change On or before 12/ ''.
wader bottom 31/2023.......
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)......
SEC. 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, Free No change No change On or before 12/ ''.
each with outer 31/2023.......
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)......
SEC. 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' Free No change No change On or before 12/ ''.
judo, karate and 31/2023.......
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)......
SEC. 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' Free No change No change On or before 12/ ''.
woven blouses, 31/2023.......
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)......
SEC. 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' Free No change No change On or before 12/ ''.
woven washsuits, 31/2023.......
sunsuits and one-
piece playsuits,
of linen
(provided for in
subheading
6211.49.80)......
SEC. 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' Free No change No change On or before 12/ ''.
woven coveralls 31/2023.......
or jumpsuits, of
linen (provided
for in subheading
6211.49.80)......
SEC. 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, Free No change No change On or before 12/ ''.
scarves and 31/2023.......
similar goods,
wholly of silk,
valued less than
$7 each (provided
for in subheading
6214.10.10)......
[[Page H695]]
SEC. 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 Free No change No change On or before 12/ ''.
gloves, each with 31/2023.......
woven outer shell
of man-made
fibers and a
merino wool
lining (provided
for in subheading
6216.00.46)......
SEC. 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 Free No change No change On or before 12/ ''.
of woven fabric 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
fabric of 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
heads, 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
made from knitted 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
made from warp 31/2023.......
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/m2 but no
more than 700 g/
m2, such mop pads
each having an
RFID chip
permanently
stitched inside
them (provided
for in subheading
6307.10.20)......
SEC. 107911. MICROFIBER CLEANING CLOTHS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H696]]
`` 9902.27.65 Microfiber cloths 4% No change No change On or before 12/ ''.
made from warp 31/2023.......
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/m2 but no
more than 360 g/
m2, 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)......
SEC. 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 2% No change No change On or before 12/ ''.
made from warp 31/2023.......
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/m2
but no more than
700 g/m2 and
valued at least
$0.40 but no more
than $4.90
(provided for in
subheading
6307.10.20)......
SEC. 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 1.2% No change No change On or before 12/ ''.
made of woven 31/2023.......
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......
SEC. 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 Free No change No change On or before 12/ ''.
textile 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
comprising two 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
restraints 31/2023.......
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)......
SEC. 107917. BATH KNEELER.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H697]]
`` 9902.27.76 Knee pads of man- Free No change No change On or before 12/ ''.
made fiber 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
mount kits of 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
non-woven fabric 31/2023.......
of man-made
fibers (provided
for in subheading
6307.90.98)......
SEC. 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 4.6% No change No change On or before 12/ ''.
outer soles and 31/2023.......
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....
SEC. 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 Free No change No change On or before 12/ ''.
outer soles and 31/2023.......
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............
SEC. 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 Free No change No change On or before 12/ ''.
outer soles and 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
outer soles and 31/2023.......
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)......
[[Page H698]]
SEC. 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 Free No change No change On or before 12/ ''.
boots for men, 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
boots with outer 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
persons other 31/2023.......
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...
SEC. 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 17.4% No change No change On or before 12/ ''.
women, with outer 31/2023.......
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...
SEC. 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 Free No change No change On or before 12/ ''.
with outer soles 31/2023.......
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)......
SEC. 107929. SIDELINE CHEER SHOES.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H699]]
`` 9902.27.97 Women's footwear Free No change No change On or before 12/ ''.
with outer soles 31/2023.......
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)......
SEC. 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, Free No change No change On or before 12/ ''.
basketball shoes, 31/2023.......
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)......
SEC. 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, Free No change No change On or before 12/ ''.
basketball shoes, 31/2023.......
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.......
SEC. 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, Free No change No change On or before 12/ ''.
basketball shoes, 31/2023.......
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)......
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.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.28.02 Men's golf shoes, 3.3% No change No change On or before 12/ ''.
designed to be 31/2023.......
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)......
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.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.28.03 Golf shoes, Free No change No change On or before 12/ ''.
designed to be 31/2023.......
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)......
SEC. 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:
[[Page H700]]
`` 9902.28.04 Footwear for men, Free No change No change On or before 12/ ''.
with outer soles 31/2023.......
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)......
SEC. 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 4.3% No change No change On or before 12/ ''.
women, with outer 31/2023.......
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)......
SEC. 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 1% No change No change On or before 12/ ''.
with outer soles 31/2023.......
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)......
SEC. 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 7.1% No change No change On or before 12/ ''.
men, designed to 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
outer soles and 31/2023.......
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)......
SEC. 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 5% No change No change On or before 12/ ''.
men, with outer 31/2023.......
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)......
[[Page H701]]
SEC. 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 Free No change No change On or before 12/ ''.
women, with outer 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
women, with outer 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
slip-on type for 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
with outer soles 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
women, with outer 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
with outer soles 31/2023.......
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)......
[[Page H702]]
SEC. 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 Free No change No change On or before 12/ ''.
with outer soles 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
women, with outer 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
women, with outer 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
with uppers of 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
women, with outer 31/2023.......
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)......
SEC. 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:
[[Page H703]]
`` 9902.28.45 Tennis shoes, Free No change No change On or before 12/ ''.
basketball shoes 31/2023.......
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)......
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.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.28.46 Men's footwear Free No change No change On or before 12/ ''.
with uppers of 31/2023.......
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)......
SEC. 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, 10.3% No change No change On or before 12/ ''.
basketball shoes, 31/2023.......
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)......
SEC. 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, 10% No change No change On or before 12/ ''.
basketball shoes, 31/2023.......
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)......
SEC. 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, 7.7% No change No change On or before 12/ ''.
basketball shoes, 31/2023.......
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)......
SEC. 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:
[[Page H704]]
`` 9902.28.50 Tennis shoes, 10.3% No change No change On or before 12/ ''.
basketball shoes, 31/2023.......
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)......
SEC. 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, 6.8% No change No change On or before 12/ ''.
basketball shoes, 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
women, with outer 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
women, with outer 31/2023.......
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)......
SEC. 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 11.3% No change No change On or before 12/ ''.
outer soles of 31/2023.......
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)......
SEC. 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:
[[Page H705]]
`` 9902.28.62 Footwear for men, 16.4% No change No change On or before 12/ ''.
with open toes or 31/2023.......
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)......
SEC. 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 30.2% No change No change On or before 12/ ''.
women, with open 31/2023.......
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)......
SEC. 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 20.2% No change No change On or before 12/ ''.
persons other 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
or women, with 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
or women, with 31/2023.......
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)......
SEC. 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, Free No change No change On or before 12/ ''.
with outer soles 31/2023.......
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)......
[[Page H706]]
SEC. 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 Free No change No change On or before 12/ ''.
with outer soles 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
with outer soles 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
with outer soles 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
women, with outer 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
women, with 31/2023.......
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)......
SEC. 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:
[[Page H707]]
`` 9902.28.77 Footwear for men, Free No change No change On or before 12/ ''.
with uppers of 31/2023.......
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)......
SEC. 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' Free No change No change On or before 12/ ''.
footwear with 31/2023.......
uppers of cork
(other than
disposable and
designed for one-
time use), valued
less than $25/pr
(provided for in
subheading
6405.90.90)......
SEC. 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 Free No change No change On or before 12/ ''.
women, with 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
women, with 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
women, with 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
women, with 31/2023.......
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)......
[[Page H708]]
SEC. 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 Free No change No change On or before 12/ ''.
with uppers of 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
women, with 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
slip-on type, for 31/2023.......
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)......
SEC. 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 3.1% No change No change On or before 12/ ''.
uppers of calf 31/2023.......
hair (provided
for in subheading
6405.90.90), the
foregoing other
than goods
described in any
other heading of
this subchapter..
SEC. 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 Free No change No change On or before 12/ ''.
man-made fibers, 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
headgear of 31/2023.......
vegetable fibers,
of unspun fibrous
vegetable
materials or of
paper yarn, sewed
(provided for in
subheading
6504.00.30)......
SEC. 107985. HAIRNETS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H709]]
`` 9902.28.89 Hair-nets 1% No change No change On or before 12/ ''.
(provided for in 31/2023.......
subheading
6505.00.01)......
SEC. 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' Free No change No change On or before 12/ ''.
hats and other 31/2023.......
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.......
SEC. 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 Free No change No change On or before 12/ ''.
of cotton, not 31/2023.......
knitted (provided
for in subheading
6505.00.20)......
SEC. 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 6.4% No change No change On or before 12/ ''.
headgear, of man- 31/2023.......
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)......
SEC. 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, Free No change No change On or before 12/ ''.
of man-made 31/2023.......
fibers, each with
ear flaps
constructed
entirely of 2-
layer laminate
consisting of
woven face fabric
wholly of
polyester and
expanded
polytetrafluoroet
hylene (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)......
SEC. 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 Free No change No change On or before 12/ ''.
carbon fiber, 31/2023.......
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)......
SEC. 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:
[[Page H710]]
`` 9902.28.95 Foliage and Free No change No change On or before 12/ ''.
flowers of 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
tiles of 31/2023.......
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)......
SEC. 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 2.6% No change No change On or before 12/ ''.
pebble tiles, 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
tiles made of 31/2023.......
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)......
SEC. 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 1% No change No change On or before 12/ ''.
tiles made of 31/2023.......
marble quarried
from Greece,
Italy, Turkey,
and Spain, each
tile with a
surface area
greater than
101.6 mm2; 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)......
SEC. 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 2.2% No change No change On or before 12/ ''.
mosaic tiles, 31/2023.......
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)......
SEC. 107997. MARBLE ENTERTAINING AND SERVEWARE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H711]]
`` 9902.29.02 Serving trays, 1% No change No change On or before 12/ ''.
serving boards, 31/2023.......
cake stands,
bowls, pastry
boards, rolling
pins and similar
articles of
marble, for
preparing or
serving food
(provided for in
subheading
6802.91.15)......
SEC. 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, 1% No change No change On or before 12/ ''.
paper towel 31/2023.......
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)......
SEC. 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 0.6% No change No change On or before 12/ ''.
tiles of 31/2023.......
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)......
SEC. 108000. TRAVERTINE DECORATIVE TILE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.29.05 Travertine Free No change No change On or before 12/ ''.
decorative tiles 31/2023.......
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)......
SEC. 108001. LIMESTONE DECORATIVE TILES.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.29.06 Limestone Free No change No change On or before 12/ ''.
decorative tiles 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
and printed 31/2023.......
stoneware coaster
disks and trivets
(provided for in
subheading
6912.00.48)......
SEC. 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 0.2% No change No change On or before 12/ ''.
sheets, of a 31/2023.......
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)......
SEC. 108004. FRAMED REAR-VIEW MIRRORS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H712]]
`` 9902.29.09 Framed rear-view 1.4% No change No change On or before 12/ ''.
mirrors, such 31/2023.......
goods comprising
parts of machines
of heading 8429
or vehicles of
heading 8701,
8704 or 8430,
such mirrors
measuring not
over 929 cm2 in
reflecting area
and not
containing LED or
fluorescent
lighting
(provided for in
subheading
7009.10.00)......
SEC. 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, Free No change No change On or before 12/ ''.
unframed, each 31/2023.......
greater than
5,000 cm2 in
reflecting area,
not containing
LED or
fluorescent
lighting,
designed for
mounting on the
wall (provided
for in subheading
7009.91.50)......
SEC. 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, 3.1% No change No change On or before 12/ ''.
framed, each 31/2023.......
greater than
5,000 cm2 in
reflecting area,
not containing
LED or
fluorescent
lighting,
designed for
mounting on the
wall (provided
for in subheading
7009.92.50)......
SEC. 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 21.2% No change No change On or before 12/ ''.
(crystalline) 31/2023.......
drinking glasses
valued over $0.30
but not over $3
each other than
those presented
in sets (provided
for in subheading
7013.28.20)......
SEC. 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 Free No change No change On or before 12/ ''.
drinking glasses 31/2023.......
of specially
tempered
borosilicate
glass, with or
without handles
(provided for in
subheading
7013.37.05)......
SEC. 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 Free No change No change On or before 12/ ''.
wine glasses, 31/2023.......
each with diamond-
shaped base and
made from
specially
toughened
borosilicate
glass (provided
for in subheading
7013.37.05)......
SEC. 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 Free No change No change On or before 12/ ''.
glasses, each 31/2023.......
with twisted
center
indentation, of
specially
tempered
borosilicate
glass (provided
for in subheading
7013.37.05)......
SEC. 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:
[[Page H713]]
`` 9902.29.16 Crystalline 21.1% No change No change On or before 12/ ''.
drinking glasses 31/2023.......
without stems,
valued over $0.30
but not over $3
each, other than
those presented
in sets (provided
for in subheading
7013.37.20)......
SEC. 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 Free No change No change On or before 12/ ''.
(insulated) bowls 31/2023.......
of specially
tempered
borosilicate
glass, such bowls
of a kind used
for table or
kitchen purposes
(provided for in
subheading
7013.49.10)......
SEC. 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 Free No change No change On or before 12/ ''.
decanters of 31/2023.......
pressed and
toughened
(specially
tempered)
borosilicate
glass (provided
for in subheading
7013.49.10)......
SEC. 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 Free No change No change On or before 12/ ''.
appetizer plates 31/2023.......
made of glass
with steel caddy
holder valued at
$2 each (provided
for in subheading
7013.49.20)......
SEC. 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 Free No change No change On or before 12/ ''.
presented with 31/2023.......
glass jars and
wooden lids,
valued not over
$3 each (provided
for in subheading
7013.49.20)......
SEC. 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 Free No change No change On or before 12/ ''.
that are not 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
of glass beads, 31/2023.......
imitation pearls
and imitation
stones valued
less than $7
(provided for in
subheading
7018.90.50)......
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\.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H714]]
`` 9902.29.23 Filter bags with Free No change No change On or before 12/ ''.
acid-resistant 31/2023.......
coating; such
bags of woven
fiberglass fabric
laminated to an
expanded
polytetrafluoroet
hylene (ePTFE)
membrane, coated
with an acid-
resistant on its
backing, weighing
at least 325 g/m2
but not over 350
g/m2; the
foregoing with a
burst strength of
4137 kPA (600
psi) or higher
per ASTM D3786
(provided for in
subheading
7019.90.10)......
SEC. 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 Free No change No change On or before 12/ ''.
exclusively of 31/2023.......
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)......
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\.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.29.25 Filter bags of Free No change No change On or before 12/ ''.
woven fiberglass 31/2023.......
fabric without an
acid-resistant
coating;
laminated to an
expanded
polytetrafluoroet
hylene (ePTFE)
membrane with a
polytetrafluoroet
hylene coated
backing, weighing
at least 721 g/m2
but not over 771
g/m2; the
foregoing with a
burst strength of
6205 kPa (900
psi) or higher
per ASTM D3786
(provided for in
subheading
7019.90.10)......
SEC. 108021. SILVER CATALYST.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.29.26 Silver exceeding Free No change No change On or before 12/ ''.
99.9 percent 31/2023.......
purity, in
spherical shapes
formed from
silver anodes in
an
electrochemical
process, such
shapes with
surface areas of
80 mm3 or greater
(CAS No. 7440-22-
4) and ready for
use as catalysts
(provided for in
subheading
7106.91.50)......
SEC. 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 Free No change No change On or before 12/ ''.
blanks (CAS No. 31/2023.......
7440-22-4),
semimanufactured
and weighing not
more than 1,000
grams (provided
for in subheading
7106.92.50)......
SEC. 108023. FERROBORON ALLOY.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.29.28 Ferroboron alloys Free No change No change On or before 12/ ''.
in powders, 31/2023.......
lumps, granules
or chunks
(provided for in
subheading
7202.99.80)......
SEC. 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 Free No change No change On or before 12/ ''.
castings of 31/2023.......
nonmalleable cast
iron designed for
residential fuel
oil tanks
(provided for in
subheading
7307.11.00)......
[[Page H715]]
SEC. 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 Free No change No change On or before 12/ ''.
of nonmalleable 31/2023.......
cast iron
designed for
residential fuel
oil tanks
(provided for in
subheading
7307.11.00)......
SEC. 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 Free No change No change On or before 12/ ''.
of nonmalleable 31/2023.......
cast iron to be
installed to a
residential fuel
oil tank opening
(provided for in
subheading
7307.11.00)......
SEC. 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 Free No change No change On or before 12/ ''.
adapters of 31/2023.......
nonmalleable cast
iron designed for
residential fuel
oil tanks
(provided for in
subheading
7307.11.00)......
SEC. 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 Free No change No change On or before 12/ ''.
nonmalleable cast 31/2023.......
iron, each
comprising the
main body of a
fill alarm
designed for
residential fuel
oil tanks
(provided for in
subheading
7307.11.00)......
SEC. 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 Free No change No change On or before 12/ ''.
caps of 31/2023.......
nonmalleable cast
iron designed for
residential fuel
oil tanks
(provided for in
subheading
7307.11.00)......
SEC. 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 Free No change No change On or before 12/ ''.
flanges of 31/2023.......
nonmalleable cast
iron designed for
residential fuel
oil tanks
(provided for in
subheading
7307.11.00)......
SEC. 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 Free No change No change On or before 12/ ''.
gas camping 31/2023.......
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)......
[[Page H716]]
SEC. 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 1.2% No change No change On or before 12/ ''.
cookers, fueled 31/2023.......
by natural gas or
propane, put up
in sets for
retail sale
(provided for in
subheading
7321.11.10)......
SEC. 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 Free No change No change On or before 12/ ''.
beverage 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
mounted, 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
frame basket 31/2023.......
(provided for in
subheading
7326.20.00)......
SEC. 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 Free No change No change On or before 12/ ''.
ladders of iron 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
ladders of iron 31/2023.......
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)......
SEC. 108038. WORK SUPPORT STANDS OF STEEL.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H717]]
`` 9902.29.43 Portable work Free No change No change On or before 12/ ''.
support stands of 31/2023.......
steel, each with
a hand-tightened
clamp (provided
for in subheading
7326.90.86)......
SEC. 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 Free No change No change On or before 12/ ''.
of iron and 31/2023.......
steel, the
foregoing
designed to
secure moving
parts of
lithography
machine modules
or apparatus, and
parts thereof
(provided for in
subheading
7326.90.86)......
SEC. 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 Free No change No change On or before 12/ ''.
handle-and-stand 31/2023.......
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)......
SEC. 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 1% No change No change On or before 12/ ''.
rings made of 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
cathode, refined 31/2023.......
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)......
SEC. 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 1.9% No change No change On or before 12/ ''.
(whether or not 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
foil of aluminum, 31/2023.......
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)......
[[Page H718]]
SEC. 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 Free No change No change On or before 12/ ''.
coffee makers of 31/2023.......
aluminum, each
with a capacity
not exceeding 3
liters (provided
for in subheading
7615.10.71)......
SEC. 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 Free No change No change On or before 12/ ''.
made of aluminum 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
aluminum, each 31/2023.......
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)......
SEC. 108048. ALUMINUM LADDERS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.29.53 Articulated 1.5% No change No change On or before 12/ ''.
ladders of 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
of aluminum, 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
irrigation 31/2023.......
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)......
SEC. 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) Free No change No change On or before 12/ ''.
waste and scrap 31/2023.......
(provided for in
subheading
8101.97.00)......
SEC. 108052. COBALT ALLOYS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.29.57 Cobalt alloys 2.8% No change No change On or before 12/ ''.
(provided for in 31/2023.......
subheading
8105.20.30)......
[[Page H719]]
SEC. 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. Free No change No change On or before 12/ ''.
7440-55-3) 31/2023.......
(provided for in
subheading
8112.92.10), the
foregoing other
than goods
described in
heading
9902.15.12.......
SEC. 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 Free No change No change On or before 12/ ''.
(columbium) 31/2023.......
(other than
unwrought, waste
and scrap and
powders),
measuring not
over 20 mm in
thickness
(provided for in
subheading
8112.99.90)......
SEC. 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 Free No change No change On or before 12/ ''.
articles thereof, 31/2023.......
including waste
and scrap, the
foregoing
imported for the
extraction of
tungsten
(provided for in
heading
8113.00.00)......
SEC. 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 Free No change No change On or before 12/ ''.
bolt cutters, 31/2023.......
each with a gear-
driven mechanism
(provided for in
subheading
8203.40.30)......
SEC. 108057. ROTARY CUTTERS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.29.62 Rotary cutting Free No change No change On or before 12/ ''.
hand tools, of 31/2023.......
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)......
SEC. 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 0.8% No change No change On or before 12/ ''.
blades or working 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
plastics, 31/2023.......
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)......
SEC. 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:
[[Page H720]]
`` 9902.29.65 Clamping Free No change No change On or before 12/ ''.
workstations, 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
bits, and parts 31/2023.......
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.............
SEC. 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 Free No change No change On or before 12/ ''.
graters, each 31/2023.......
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)......
SEC. 108063. COFFEE PRESSES.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.29.68 Coffee presses 1.1% No change No change On or before 12/ ''.
designed to brew 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
coffee servers 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
coffee servers 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
coffee servers, 31/2023.......
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)......
[[Page H721]]
SEC. 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 Free No change No change On or before 12/ ''.
insulated coffee 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
insulated coffee 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
insulated coffee 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
fixed pen-like or 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
with 31/2023.......
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............
SEC. 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 Free No change No change On or before 12/ ''.
knives, non- 31/2023.......
fixed, angled or
scoop like
shaped; such
blades not over
58 mm in length
(provided for in
subheading
8211.94.50)......
SEC. 108073. ERGONOMIC PINKING SHEARS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H722]]
`` 9902.29.78 Ergonomic pinking Free No change No change On or before 12/ ''.
shears, valued 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
with a spring- 31/2023.......
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.......
SEC. 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 1.6% No change No change On or before 12/ ''.
actuated locks, 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
base metal, 31/2023.......
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)......
SEC. 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, Free No change No change On or before 12/ ''.
locksets and 31/2023.......
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)......
SEC. 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 1.3% No change No change On or before 12/ ''.
phone mounts of 31/2023.......
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)......
SEC. 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 0.9% No change No change On or before 12/ ''.
phone mounts of 31/2023.......
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)......
[[Page H723]]
SEC. 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 Free No change No change On or before 12/ ''.
phone mounts of 31/2023.......
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)......
SEC. 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, Free No change No change On or before 12/ ''.
each measuring 5 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
door handle 31/2023.......
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)......
SEC. 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 2.2% No change No change On or before 12/ ''.
rings of base 31/2023.......
metal, specially
designed for use
with curtain or
drapery rods,
presented in sets
of 10 rings
(provided for in
subheading
8302.41.60)......
SEC. 108084. BRACKETS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.29.89 Brackets of iron 2.5% No change No change On or before 12/ ''.
or steel, of 31/2023.......
aluminum or of
zinc, such
brackets
specially
designed for use
with curtain or
drapery rods
(provided for in
subheading
8302.41.60)......
SEC. 108085. CURTAIN RODS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.29.90 Telescoping 1.8% No change No change On or before 12/ ''.
curtain rods of 31/2023.......
base metal,
whether or not
presented with
mounting hardware
(provided for in
subheading
8302.41.60)......
SEC. 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 Free No change No change On or before 12/ ''.
metal, specially 31/2023.......
designed for use
with curtain or
drapery rods
(provided for in
subheading
8302.41.60)......
[[Page H724]]
SEC. 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 Free No change No change On or before 12/ ''.
metal, specially 31/2023.......
designed for use
with curtains or
drapes (provided
for in subheading
8302.41.60)......
SEC. 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 Free No change No change On or before 12/ ''.
metal, specially 31/2023.......
designed for use
with curtain or
drapery rods
(provided for in
subheading
8302.41.60)......
SEC. 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 0.8% No change No change On or before 12/ ''.
of stainless 31/2023.......
steel and
aluminum, each
capable of being
installed by
tension or by
mounting with
wall brackets
(provided for in
subheading
8302.41.60)......
SEC. 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 Free No change No change On or before 12/ ''.
hooks or rings, 31/2023.......
the foregoing of
aluminum, of iron
or steel or of
zinc (provided
for in subheading
8302.41.60)......
SEC. 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 1.1% No change No change On or before 12/ ''.
rods, of aluminum 31/2023.......
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)......
SEC. 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- Free No change No change On or before 12/ ''.
mount curtain or 31/2023.......
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.......
SEC. 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 Free No change No change On or before 12/ ''.
of welded steel, 31/2023.......
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)......
SEC. 108094. STAINLESS STEEL HOSE KITS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H725]]
`` 9902.29.99 Mechanical kits Free No change No change On or before 12/ ''.
each containing 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
steel hoses with 31/2023.......
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
SEC. 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 Free No change No change On or before 12/ ''.
stainless steel, 31/2023.......
of a kind used
for wrist watch
straps measuring
not over 18 mm
(provided for in
subheading
8308.90.60)......
SEC. 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 Free No change No change On or before 12/ ''.
stainless steel, 31/2023.......
of a kind used
for wrist watch
straps measuring
over 18 mm
(provided for in
subheading
8308.90.60)......
SEC. 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 0.8% No change No change On or before 12/ ''.
cylinder heads 31/2023.......
designed for use
in spark-ignition
internal
combustion piston
engines (provided
for in subheading
8409.91.99)......
SEC. 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 Free No change No change On or before 12/ ''.
heads for use 31/2023.......
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)......
SEC. 108100. ENGINE BLOCKS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.30.06 Engine blocks, Free No change No change On or before 12/ ''.
each weighing 31/2023.......
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)......
SEC. 108101. SWIRLER ASSEMBLIES FOR TURBINES.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H726]]
`` 9902.30.07 Swirler Free No change No change On or before 12/ ''.
assemblies, 31/2023.......
designed to be
used in non-
aircraft gas
turbines
(provided for in
subheading
8411.99.90)......
SEC. 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 Free No change No change On or before 12/ ''.
alloy, for fuel 31/2023.......
mixing within non-
aircraft gas
turbines of
heading 8411
(provided for in
subheading
8411.99.90)......
SEC. 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 Free No change No change On or before 12/ ''.
assemblies of 31/2023.......
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)......
SEC. 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- Free No change No change On or before 12/ ''.
swirlers forming 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
nickel alloy, for 31/2023.......
use in non-
aircraft gas
turbines of
heading 8411
(provided for in
subheading
8411.99.90)......
SEC. 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 1.3% No change No change On or before 12/ ''.
pumps, each 31/2023.......
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..
SEC. 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 Free No change No change On or before 12/ ''.
pumps, measuring 31/2023.......
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)......
SEC. 108108. DRY SCROLL VACUUM PUMPS 297X260X420 MM.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H727]]
`` 9902.30.14 Dry scroll vacuum Free No change No change On or before 12/ ''.
pumps, measuring 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
pumps, each 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
pumps, each 31/2023.......
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)......
SEC. 108111. TURBOMOLECULAR VACUUM PUMPS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.30.17 Turbomolecular 0.2% No change No change On or before 12/ ''.
vacuum pumps, 31/2023.......
valued over
$1,000 each
(provided for in
subheading
8414.10.00)......
SEC. 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 Free No change No change On or before 12/ ''.
pumps, 31/2023.......
incorporating
vanes mounted to
a rotor inside a
cavity, such
pumps valued over
$500 each
(provided for in
subheading
8414.10.00)......
SEC. 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 Free No change No change On or before 12/ ''.
pumps, using a 31/2023.......
high speed jet of
vapor to direct
gas molecules,
valued over $900
each (provided
for in subheading
8414.10.00)......
SEC. 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- 2.8% No change No change On or before 12/ ''.
operated air 31/2023.......
pumps (provided
for in subheading
8414.20.00)......
SEC. 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, 2.8% No change No change On or before 12/ ''.
designed for 31/2023.......
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)......
[[Page H728]]
SEC. 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 Free No change No change On or before 12/ ''.
centrifugal 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
blowers of a kind 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
blowers of a kind 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
designed to be 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
designed for use 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
designed for 31/2023.......
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)......
SEC. 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:
[[Page H729]]
`` 9902.30.28 Heat pumps Free No change No change On or before 12/ ''.
(outdoor units) 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
designed for 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
designed for 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
(outdoor units) 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
designed for 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
split air 31/2023.......
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)......
SEC. 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:
[[Page H730]]
`` 9902.30.34 Heat pumps Free No change No change On or before 12/ ''.
designed for 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
designed for 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
thermal pitchers, 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
use solely or 31/2023.......
principally with
diesel engines,
such engines
producing 63 kW
of power
(provided for in
subheading
8421.23.00)......
SEC. 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 Free No change No change On or before 12/ ''.
personal nasal 31/2023.......
irrigators
(provided for in
subheading
8424.89.90)......
SEC. 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 Free No change No change On or before 12/ ''.
designed to 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
saws for working 31/2023.......
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..
[[Page H731]]
SEC. 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 Free No change No change On or before 12/ ''.
sawing machines, 31/2023.......
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)......
SEC. 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 0.9% No change No change On or before 12/ ''.
tools, of a kind 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
brushless 31/2023.......
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)......
SEC. 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 0.5% No change No change On or before 12/ ''.
hammer tools with 31/2023.......
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/
s2 (provided for
in subheading
8467.21.00)......
SEC. 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 Free No change No change On or before 12/ ''.
tools with self- 31/2023.......
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/
s2 (provided for
in subheading
8467.21.00)......
SEC. 108140. EXTRUDERS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.30.46 Extruders, 2.2% No change No change On or before 12/ ''.
designed for 31/2023.......
processing
thermoplastics,
with a screw size
of 6.4 cm or
greater (provided
for in subheading
8477.20.00)......
[[Page H732]]
SEC. 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 Free No change No change On or before 12/ ''.
(3D) drawing 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
(3D) drawing 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
appliances 31/2023.......
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)......
SEC. 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 0.2% No change No change On or before 12/ ''.
(``multisamplers' 31/2023.......
') 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)......
SEC. 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 0.5% No change No change On or before 12/ ''.
(``vialsamplers'' 31/2023.......
) 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)......
SEC. 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 2.2% No change No change On or before 12/ ''.
designed for use 31/2023.......
on backhoes,
shovels,
clamshells or
draglines and
suitable for use
in demolishing
concrete or
asphalt (provided
for in subheading
8479.89.94)......
SEC. 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:
[[Page H733]]
`` 9902.30.53 Segmented bladder- Free No change No change On or before 12/ ''.
operated molds, 31/2023.......
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.........
SEC. 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 Free No change No change On or before 12/ ''.
directional 31/2023.......
control valves
(provided for in
subheading
8481.20.00)......
SEC. 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 Free No change No change On or before 12/ ''.
with automatic 31/2023.......
(not hand
operated) relief
valve designed to
release pressure
at approximately
30 bar (provided
for in subheading
8481.40.00)......
SEC. 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 Free No change No change On or before 12/ ''.
valves equipped 31/2023.......
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)......
SEC. 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, 1.5% No change No change On or before 12/ ''.
each comprising 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
control valves 31/2023.......
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)......
SEC. 108153. ENGINE CRANKSHAFTS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H734]]
`` 9902.30.59 Engine 1.5% No change No change On or before 12/ ''.
crankshafts used 31/2023.......
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.......
SEC. 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, Free No change No change On or before 12/ ''.
each designed to 31/2023.......
support and
permit free
rotation of a
rotor within a
turbocharger
(provided for in
subheading
8483.30.80)......
SEC. 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 Free No change No change On or before 12/ ''.
housings, shell 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
bearing housings, 31/2023.......
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)......
SEC. 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 2.4% No change No change On or before 12/ ''.
gearboxes 31/2023.......
designed for use
with generating
sets of heading
8502 (provided
for in subheading
8483.40.50)......
SEC. 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 1.5% No change No change On or before 12/ ''.
boxes, designed 31/2023.......
for use in
machinery of
heading 8429 or
8436 (provided
for in subheading
8483.40.50)......
SEC. 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 1.5% No change No change On or before 12/ ''.
bearing 31/2023.......
assemblies, of a
kind used to
rotate the cab of
machinery
described in
subheading
8429.52.10
(provided for in
subheading
8483.90.50)......
SEC. 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:
[[Page H735]]
`` 9902.30.66 Transmission Free No change No change On or before 12/ ''.
timing gears or 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
stepper motors of 31/2023.......
an output under
18.65 W,
measuring between
20 mm and 39 mm
in length
(provided for in
subheading
8501.10.40)......
SEC. 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 2.1% No change No change On or before 12/ ''.
DC motor of an 31/2023.......
output under
18.65 W for
heating,
ventilating and
air conditioning
(HVAC) climate-
control systems
(provided for in
subheading
8501.10.40)......
SEC. 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 Free No change No change On or before 12/ ''.
electric motors, 31/2023.......
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)......
SEC. 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, Free No change No change On or before 12/ ''.
brushed, ironless 31/2023.......
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)......
SEC. 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, 0.4% No change No change On or before 12/ ''.
brushed, ironless 31/2023.......
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)......
SEC. 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, 0.2% No change No change On or before 12/ ''.
brushed ironless 31/2023.......
core motors with
rhombic winding
and AlNiCo
magnets, each
motor with an
output under
18.65 W (provided
for in subheading
8501.10.40)......
[[Page H736]]
SEC. 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, Free No change No change On or before 12/ ''.
brushless 31/2023.......
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)......
SEC. 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, Free No change No change On or before 12/ ''.
brushed, ironless 31/2023.......
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)......
SEC. 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, Free No change No change On or before 12/ ''.
brushed ironless 31/2023.......
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)......
SEC. 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, Free No change No change On or before 12/ ''.
brushless 31/2023.......
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)......
SEC. 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, Free No change No change On or before 12/ ''.
brushed ironless 31/2023.......
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)......
SEC. 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, Free No change No change On or before 12/ ''.
brushless 31/2023.......
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)......
SEC. 108173. MOTORS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H737]]
`` 9902.30.79 Electric DC 2.6% No change No change On or before 12/ ''.
motors, of an 31/2023.......
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
SEC. 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 2.5% No change No change On or before 12/ ''.
output exceeding 31/2023.......
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)......
SEC. 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 3.3% No change No change On or before 12/ ''.
output exceeding 31/2023.......
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
SEC. 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, Free No change No change On or before 12/ ''.
brushed ironless 31/2023.......
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.......
SEC. 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, Free No change No change On or before 12/ ''.
brushless 31/2023.......
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.......
SEC. 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 2.1% No change No change On or before 12/ ''.
output exceeding 31/2023.......
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)......
[[Page H738]]
SEC. 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 Free No change No change On or before 12/ ''.
motors of an 31/2023.......
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)......
SEC. 108180. AC ALTERNATORS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.30.86 AC alternators Free No change No change On or before 12/ ''.
with copper 31/2023.......
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)......
SEC. 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 1.8% No change No change On or before 12/ ''.
with copper 31/2023.......
windings for
diesel engines,
gas engines or
turbines rated
from 75 kVA to
375 kVA (provided
for in subheading
8501.62.00)......
SEC. 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 Free No change No change On or before 12/ ''.
rotors for the 31/2023.......
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)......
SEC. 108183. ROTORS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.30.89 Rotors suitable Free No change No change On or before 12/ ''.
for motors of 31/2023.......
heading 8501
exceeding 18.65 W
but not over 735
W (provided for
in subheading
8503.00.65)......
SEC. 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 Free No change No change On or before 12/ ''.
brushless 31/2023.......
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)......
SEC. 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:
[[Page H739]]
`` 9902.30.91 Stators for Free No change No change On or before 12/ ''.
brushless 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
brushless 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
brushless 31/2023.......
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)......
SEC. 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 0.3% No change No change On or before 12/ ''.
storage 31/2023.......
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)......
SEC. 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 2.5% No change No change On or before 12/ ''.
storage 31/2023.......
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)......
SEC. 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 3.1% No change No change On or before 12/ ''.
storage 31/2023.......
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)......
[[Page H740]]
SEC. 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 3% No change No change On or before 12/ ''.
storage 31/2023.......
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)......
SEC. 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 3.1% No change No change On or before 12/ ''.
storage 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
battery cell 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
battery cell 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
battery cell 31/2023.......
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)......
SEC. 108196. CELL BOX ASSEMBLIES NX.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H741]]
`` 9902.31.03 Lithium-ion Free No change No change On or before 12/ ''.
battery cell 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
food processors, 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
food processors, 31/2023.......
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)......
SEC. 108199. CORDLESS HAND BLENDERS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.31.06 Electromechanical Free No change No change On or before 12/ ''.
cordless handheld 31/2023.......
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)......
SEC. 108200. CORDLESS HAND MIXERS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.31.07 Electromechanical Free No change No change On or before 12/ ''.
cordless handheld 31/2023.......
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)......
SEC. 108201. CORDED HAND BLENDERS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.31.08 Electromechanical Free No change No change On or before 12/ ''.
domestic corded 31/2023.......
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)......
[[Page H742]]
SEC. 108202. BURR COFFEE GRINDERS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.31.09 Electromechanical Free No change No change On or before 12/ ''.
burr coffee 31/2023.......
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)......
SEC. 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 1.2% No change No change On or before 12/ ''.
food processors 31/2023.......
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)......
SEC. 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 2.6% No change No change On or before 12/ ''.
food processors 31/2023.......
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)......
SEC. 108205. ELECTRIC JUICE EXTRACTORS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.31.12 Electromechanical 3.3% No change No change On or before 12/ ''.
juice extractors 31/2023.......
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)......
SEC. 108206. ELECTRIC DRINK MIXERS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.31.13 Electromechanical Free No change No change On or before 12/ ''.
drink mixers of a 31/2023.......
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)......
SEC. 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:
[[Page H743]]
`` 9902.31.14 Electromechanical Free No change No change On or before 12/ ''.
food processors 31/2023.......
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............
SEC. 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 Free No change No change On or before 12/ ''.
food processors 31/2023.......
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...........
SEC. 108209. DICING FOOD PROCESSORS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.31.16 Electromechanical Free No change No change On or before 12/ ''.
food processors 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
food processors 31/2023.......
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)......
SEC. 108211. JUICE EXTRACTORS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.31.18 Electromechanical Free No change No change On or before 12/ ''.
domestic juice 31/2023.......
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)......
SEC. 108212. INTEGRATED BABY FOOD MAKING SYSTEMS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H744]]
`` 9902.31.19 Integrated baby Free No change No change On or before 12/ ''.
food making 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
combination food 31/2023.......
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)......
SEC. 108214. ULTRASONIC HUMIDIFIERS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.31.21 Electromechanical 3.2% No change No change On or before 12/ ''.
ultrasonic 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
with self- 31/2023.......
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)......
SEC. 108216. ELECTRIC TOOTHBRUSHES.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.31.23 Battery-operated 3.6% No change No change On or before 12/ ''.
electric 31/2023.......
toothbrushes
(provided for in
subheading
8509.80.50)......
SEC. 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 0.8% No change No change On or before 12/ ''.
humidifiers with 31/2023.......
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)......
SEC. 108218. 2-IN-1 CAN OPENER.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H745]]
`` 9902.31.25 Hand-held battery- Free No change No change On or before 12/ ''.
operated 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
devices of a kind 31/2023.......
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)......
SEC. 108220. CERAMIC BOWLS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.31.27 Ceramic bowls Free No change No change On or before 12/ ''.
designed for use 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
devices designed 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
devices designed 31/2023.......
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)......
SEC. 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 0.7% No change No change On or before 12/ ''.
bowls designed 31/2023.......
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)......
SEC. 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:
[[Page H746]]
`` 9902.31.31 Stainless steel Free No change No change On or before 12/ ''.
bowls designed 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
bowls designed 31/2023.......
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)......
SEC. 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 1% No change No change On or before 12/ ''.
rolling and 31/2023.......
cutting devices
designed for use
on
electromechanical
food stand
mixers, each not
having a molded
plastic housing
(provided for in
subheading
8509.90.55)......
SEC. 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 Free No change No change On or before 12/ ''.
designed for use 31/2023.......
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)......
SEC. 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, Free No change No change On or before 12/ ''.
with self- 31/2023.......
contained
electric motor,
vertical
reciprocating
stamped stainless
steel blade and
aluminum housing
(provided for in
subheading
8510.20.90)......
SEC. 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 Free No change No change On or before 12/ ''.
sets, with self- 31/2023.......
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)......
SEC. 108230. RECHARGEABLE TRIMMERS FOR TRIMMING HUMAN HAIR.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H747]]
`` 9902.31.37 Hair clipper set, Free No change No change On or before 12/ ''.
with self- 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
consisting of a 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
lights, 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
signaling 31/2023.......
equipment of a
kind used as
taillights on
bicycles
(provided for in
subheading
8512.10.40)......
SEC. 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 Free No change No change On or before 12/ ''.
powered, handheld 31/2023.......
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)......
SEC. 108235. SPACE HEATERS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.31.42 Fan-forced, Free No change No change On or before 12/ ''.
portable electric 31/2023.......
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)......
SEC. 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 1.7% No change No change On or before 12/ ''.
of a kind used 31/2023.......
for domestic
purposes, each
having a capacity
not exceeding
22.5 liters
(provided for in
subheading
8516.50.00)......
SEC. 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:
[[Page H748]]
`` 9902.31.44 Microwave ovens 1.7% No change No change On or before 12/ ''.
of a kind used 31/2023.......
for domestic
purposes, each
having a capacity
exceeding 22.5
liters but not
exceeding 31
liters (provided
for in subheading
8516.50.00)......
SEC. 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 Free No change No change On or before 12/ ''.
with integral 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
with integral 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
of a kind used 31/2023.......
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)......
SEC. 108241. SEARING GRILLS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.31.48 Electrothermic Free No change No change On or before 12/ ''.
grills of a kind 31/2023.......
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.......
SEC. 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 Free No change No change On or before 12/ ''.
automatic drip 31/2023.......
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)......
[[Page H749]]
SEC. 108243. ESPRESSO MACHINES.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.31.50 Electromechanical Free No change No change On or before 12/ ''.
espresso makers 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
electric 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
coffee machines 31/2023.......
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........
SEC. 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 Free No change No change On or before 12/ ''.
coffee machines 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
coffee machines 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
coffee machines 31/2023.......
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)......
[[Page H750]]
SEC. 108249. REMOVABLE RESERVOIR COFFEEMAKERS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.31.56 Electrothermic Free No change No change On or before 12/ ''.
automatic drip 31/2023.......
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.............
SEC. 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 3% No change No change On or before 12/ ''.
coffee machines 31/2023.......
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)......
SEC. 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 3.2% No change No change On or before 12/ ''.
coffee machines 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
coffee machines 31/2023.......
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)......
SEC. 108253. ELECTRIC KETTLES.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.31.60 Electrothermic Free No change No change On or before 12/ ''.
kettles of a kind 31/2023.......
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)......
SEC. 108254. ELECTRIC TOASTERS WITH EVEN-TOAST FEATURE.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H751]]
`` 9902.31.61 Electrothermic Free No change No change On or before 12/ ''.
toasters of a 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
toasters of a 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
toasters of a 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
toasters, of a 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
toasters, of a 31/2023.......
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)......
SEC. 108259. ELECTRIC TOASTERS WITH DOUBLE-SLICE SLOTS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H752]]
`` 9902.31.66 Electrothermic Free No change No change On or before 12/ ''.
toasters of a 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
toasters of a 31/2023.......
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)......
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.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.31.68 Electrothermic 0.1% No change No change On or before 12/ ''.
pressure cookers 31/2023.......
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.........
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.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.31.69 Electrothermic Free No change No change On or before 12/ ''.
pressure cookers 31/2023.......
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)......
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.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.31.70 Electrothermic Free No change No change On or before 12/ ''.
pressure cookers 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
pads with 31/2023.......
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)......
SEC. 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:
[[Page H753]]
`` 9902.31.72 Slow cookers with Free No change No change On or before 12/ ''.
capacity from 31/2023.......
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)......
SEC. 108266. HEATING PADS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.31.73 Electrothermic Free No change No change On or before 12/ ''.
heating pads of 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
slow cookers of a 31/2023.......
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)......
SEC. 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 0.1% No change No change On or before 12/ ''.
slow cookers of a 31/2023.......
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)......
SEC. 108269. PROGRAMMABLE SLOW COOKERS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.31.76 Electrothermic 0.7% No change No change On or before 12/ ''.
slow cookers of a 31/2023.......
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)......
SEC. 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 0.8% No change No change On or before 12/ ''.
slow cookers of a 31/2023.......
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.........
SEC. 108271. DOUBLE FLIP WAFFLE MAKERS WITH REMOVABLE GRIDS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H754]]
`` 9902.31.78 Electrothermic Free No change No change On or before 12/ ''.
rotating waffle 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
ice cream waffle 31/2023.......
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.............
SEC. 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 Free No change No change On or before 12/ ''.
sandwich cookers 31/2023.......
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.......
SEC. 108274. PRESSURE COOKERS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.31.81 Electrothermic Free No change No change On or before 12/ ''.
pressure cookers 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
slow cookers of a 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
stainless steel, 31/2023.......
polished, each
with a capacity
of 1.41 liters
(provided for in
subheading
8516.79.00)......
SEC. 108277. EGG BITE MAKERS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.31.84 Electrothermic Free No change No change On or before 12/ ''.
bite-sized egg 31/2023.......
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)......
[[Page H755]]
SEC. 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 Free No change No change On or before 12/ ''.
coffee carafes 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
carafes for 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
bodies, each with 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
housings of 31/2023.......
plastics,
containing
sockets for screw-
in Edison base
(provided for in
subheading
8536.61.00)......
SEC. 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, Free No change No change On or before 12/ ''.
rated for 660 W 31/2023.......
and 125 V, each
with two 15 amp
outlets (provided
for in subheading
8536.61.00)......
SEC. 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 Free No change No change On or before 12/ ''.
electrical wall 31/2023.......
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)......
SEC. 108284. RANGE AND DRYER RECEPTACLES.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H756]]
`` 9902.31.91 Electrical Free No change No change On or before 12/ ''.
receptacles 31/2023.......
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)......
SEC. 108285. RESIDENTIAL GRADE RECEPTACLES.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.31.92 Electrical 1.4% No change No change On or before 12/ ''.
receptacles of 31/2023.......
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)......
SEC. 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 1.5% No change No change On or before 12/ ''.
electrical wall 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
strips of type B 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
strips of type B 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
controllers for 31/2023.......
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)......
SEC. 108290. ELECTRONIC MODULAR CONTROL PANELS FOR
GENERATORS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H757]]
`` 9902.31.97 Programmable Free No change No change On or before 12/ ''.
electronic 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
distribution 31/2023.......
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.......
SEC. 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 Free No change No change On or before 12/ ''.
touchscreens 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
filled with 31/2023.......
deuterium gas,
each without
radio-frequency
identification
device and valued
over $200
(provided for in
subheading
8539.49.00)......
SEC. 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 Free No change No change On or before 12/ ''.
filled with 31/2023.......
deuterium gas,
each with radio-
frequency
identification
device and valued
over $200
(provided for in
subheading
8539.49.00)......
SEC. 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 Free No change No change On or before 12/ ''.
coaxial cables of 31/2023.......
silver-plated
copper conductors
and expanded
polytetrafluoroet
hylene (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)......
SEC. 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:
[[Page H758]]
`` 9902.32.04 Insulated coaxial 1% No change No change On or before 12/ ''.
cables, each with 31/2023.......
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.......
SEC. 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 0.6% No change No change On or before 12/ ''.
insulated with 31/2023.......
expanded
polytetrafluoroet
hylene (ePTFE),
vapor sealed
meeting the
requirements of
MIL-STD-202,
method 122e, as
certified by the
importer
(provided for in
subheading
8544.20.00)......
SEC. 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 3% No change No change On or before 12/ ''.
insulated with 31/2023.......
expanded
polytetrafluoroet
hylene (ePTFE),
non-vapor sealed
(provided for in
subheading
8544.20.00)......
SEC. 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 Free No change No change On or before 12/ ''.
assemblies for 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
assemblies for 31/2023.......
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)......
SEC. 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 0.9% No change No change On or before 12/ ''.
and cable bundles 31/2023.......
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.......
[[Page H759]]
SEC. 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 Free No change No change On or before 12/ ''.
and cable bundles 31/2023.......
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.......
SEC. 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 Free No change No change On or before 12/ ''.
and cable bundles 31/2023.......
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.......
SEC. 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, 3.3% No change No change On or before 12/ ''.
and other 31/2023.......
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.......
SEC. 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 Free No change No change On or before 12/ ''.
guards of 31/2023.......
thermoplastic
polyolefin,
composed of 85 to
87 percent
ethylene
propylene and 9
to 11 percent
talc (provided
for in subheading
8708.29.50)......
SEC. 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 Free No change No change On or before 12/ ''.
guards of 31/2023.......
thermoplastic
polyolefin,
composed of 85 to
87 percent
ethylene
propylene and 9
to 11 percent
talc (provided
for in subheading
8708.29.50)......
SEC. 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 1.5% No change No change On or before 12/ ''.
boxes used for 31/2023.......
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)......
SEC. 108308. SUSPENSION SYSTEMS (STRUTS) FOR OFF-HIGHWAY
TRUCKS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H760]]
`` 9902.32.16 Struts used in 1.2% No change No change On or before 12/ ''.
suspension 31/2023.......
systems for
vehicles of
headings 8704
(provided for in
subheading
8708.80.16)......
SEC. 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 Free No change No change On or before 12/ ''.
stabilizer bars 31/2023.......
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)......
SEC. 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 0.4% No change No change On or before 12/ ''.
assemblies of 31/2023.......
steering columns
and steering
boxes; parts
thereof (provided
for in subheading
8708.94.75)......
SEC. 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 Free No change No change On or before 12/ ''.
housings 31/2023.......
(spindles) for
vehicles of
heading 8704
(provided for in
subheading
8708.99.68)......
SEC. 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 2% No change No change On or before 12/ ''.
and wheel 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
cover constructed 31/2023.......
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)......
SEC. 108314. EXPANSION CHAMBERS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.32.22 Expansion Free No change No change On or before 12/ ''.
chambers, each 31/2023.......
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)......
SEC. 108315. BICYCLE RACKS FOR CAR ROOFS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H761]]
`` 9902.32.23 Roof mounted 2.4% No change No change On or before 12/ ''.
bicycle rack 31/2023.......
trays for motor
vehicles, such
trays designed to
transport
bicycles
(provided for in
subheading
8708.99.81)......
SEC. 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 Free No change No change On or before 12/ ''.
fuel injector 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
each with no 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
either with two 31/2023.......
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)......
SEC. 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, 2.8% No change No change On or before 12/ ''.
other than of 31/2023.......
steel, valued not
over $600 each
(provided for in
subheading
8714.91.30)......
SEC. 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 Free No change No change On or before 12/ ''.
internal gear 31/2023.......
hubs for
bicycles, other
than two or three
speed hubs
(provided for in
subheading
8714.93.28)......
SEC. 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 5.7% No change No change On or before 12/ ''.
parts thereof 31/2023.......
(provided for in
subheading
8714.96.10); the
foregoing
excluding
clipless bicycle
pedals and parts
thereof..........
SEC. 108322. CLIPLESS BICYCLE PEDALS AND PARTS THEREOF.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H762]]
`` 9902.32.30 Clipless bicycle 3.8% No change No change On or before 12/ ''.
pedals and parts 31/2023.......
thereof (provided
for in subheading
8714.96.10)......
SEC. 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 1% No change No change On or before 12/ ''.
carbon fiber, 31/2023.......
such seat posts
designed for use
on bicycles
(provided for in
subheading
8714.99.80)......
SEC. 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, 4.2% No change No change On or before 12/ ''.
other than of 31/2023.......
silicon or of
leather, such
tape designed for
use on bicycles
(provided for in
subheading
8714.99.80)......
SEC. 108325. TRAILER CYCLES.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.32.33 Trailer cycles Free No change No change On or before 12/ ''.
with a steel or 31/2023.......
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)......
SEC. 108326. DROPPER SEATPOSTS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.32.34 Bicycle seatposts 5% No change No change On or before 12/ ''.
of aluminum with 31/2023.......
an internal
mechanism to
adjust saddle
height while
riding using a
remote lever
control (provided
for in subheading
8714.99.80)......
SEC. 108327. BICYCLE FENDERS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.32.35 Bicycle fenders Free No change No change On or before 12/ ''.
other than of 31/2023.......
steel (provided
for in subheading
8714.99.80)......
SEC. 108328. BICYCLE HANDLEBARS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.32.36 Bicycle 5.6% No change No change On or before 12/ ''.
handlebars, other 31/2023.......
than steel
bicycle
handlebars with a
stem clamp
diameter of 25.4
millimeters or
less (provided
for in subheading
8714.99.80)......
SEC. 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 Free No change No change On or before 12/ ''.
carts of steel, 31/2023.......
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)......
SEC. 108330. NON-MECHANICALLY PROPELLED INDUSTRIAL HAND
TRUCK.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H763]]
`` 9902.32.38 Four wheeled non- 0.3% No change No change On or before 12/ ''.
motorized carts 31/2023.......
constructed
primarily of base
metal, such carts
designed to move
lithography
equipment
modules,
apparatus and
parts thereof
(provided for in
subheading
8716.80.50)......
SEC. 108331. MOVING DOLLIES.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.32.39 Moving dollies, 3.1% No change No change On or before 12/ ''.
of hardwood, not 31/2023.......
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)......
SEC. 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, Free No change No change On or before 12/ ''.
paraglider wings, 31/2023.......
and paraglider
harnesses
(provided for in
heading
8804.00.00)......
SEC. 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 1.2% No change No change On or before 12/ ''.
pleasure or 31/2023.......
sports, with an
auxiliary motor,
exceeding 9.2 m
in length
(provided for in
subheading
8903.91.00)......
SEC. 108334. PROJECTION LENSES.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.32.42 Projection Free No change No change On or before 12/ ''.
lenses, each with 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
lenses of molded 31/2023.......
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)......
SEC. 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 1.1% No change No change On or before 12/ ''.
with a B4 mount, 31/2023.......
such lenses for
cameras with 11
mm diagonal
sensors (provided
for in subheading
9002.11.90)......
SEC. 108337. OBJECTIVE LENSES FOR CINEMA CAMERAS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H764]]
`` 9902.32.45 Objective lenses Free No change No change On or before 12/ ''.
with a positive 31/2023.......
lock mount for
cameras with
diagonal sensors
of more than 28
mm but less than
46 mm (provided
for in subheading
9002.11.90)......
SEC. 108338. MAGNIFYING SPECTACLES.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.32.46 Magnifying Free No change No change On or before 12/ ''.
spectacles 31/2023.......
consisting of
spectacle frames
with convex
lenses worn to
enlarge images
(provided for in
subheading
9004.90.00)......
SEC. 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 Free No change No change On or before 12/ ''.
display (LCD) 31/2023.......
television panel
assemblies, each
with a video
display diagonal
measuring over
175.26 cm
(provided for in
subheading
9013.80.90)......
SEC. 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 Free No change No change On or before 12/ ''.
display (LCD) 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
display (LCD) 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
display (LCD) 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
aluminum alloy, 31/2023.......
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)......
[[Page H765]]
SEC. 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 Free No change No change On or before 12/ ''.
monitors, of a 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
monitors, of a 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
monitors, each 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
monitors, each 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
monitors, each 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
monitors, each 31/2023.......
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)......
[[Page H766]]
SEC. 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 Free No change No change On or before 12/ ''.
monitors, each 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
accessories of 31/2023.......
bicycle
speedometers
(provided for in
subheading
9029.90.40)......
SEC. 108352. WIRED REMOTE CONTROLLERS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.32.60 Thermostats Free No change No change On or before 12/ ''.
designed for use 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
wrist watches 31/2023.......
(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)......
SEC. 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 Free No change No change On or before 12/ ''.
watches (other 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
watches (other 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
watches (other 31/2023.......
than those of
heading 9101),
electrically
operated, having
no jewels or only
one jewel in the
movement
(provided for in
subheading
9102.91.40)......
[[Page H767]]
SEC. 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- Free No change No change On or before 12/ ''.
operated alarm 31/2023.......
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)......
SEC. 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- Free No change No change On or before 12/ ''.
operated atomic 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
clocks, each with 31/2023.......
a diameter
measuring between
35 cm to 62 cm
(provided for in
subheading
9105.21.80), the
foregoing without
thermometer,
hygrometer or
barometer gauges.
SEC. 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, Free No change No change On or before 12/ ''.
each with a 31/2023.......
temperature gauge
and a humidity
gauge and a
diameter
measuring between
20 cm and 62 cm
(provided for in
subheading
9105.21.80)......
SEC. 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 Free No change No change On or before 12/ ''.
operated atomic 31/2023.......
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)......
SEC. 108362. ATOMIC DIGITAL CLOCKS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.32.70 Electrically- Free No change No change On or before 12/ ''.
operated atomic 31/2023.......
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)......
SEC. 108363. ANALOG KITCHEN TIMERS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H768]]
`` 9902.32.71 Analog kitchen Free No change No change On or before 12/ ''.
timers, not 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
movements, 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
movements, 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
stainless steel, 31/2023.......
other than gold-
or silver-plated,
each measuring
over 41 mm in
width or diameter
(provided for in
subheading
9111.20.40)......
SEC. 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 Free No change No change On or before 12/ ''.
stainless steel, 31/2023.......
other than gold-
or silver-plated,
each measuring
not over 41 mm in
width or diameter
(provided for in
subheading
9111.20.40)......
SEC. 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 Free No change No change On or before 12/ ''.
bezels, backs and 31/2023.......
centers, the
foregoing not of
precious metal or
of metal clad
with precious
metal (provided
for in subheading
9111.90.50)......
SEC. 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 Free No change No change On or before 12/ ''.
cases, not of 31/2023.......
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)......
SEC. 108370. STAINLESS STEEL WATCH BRACELETS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H769]]
`` 9902.32.78 Watch bracelets 4.1% No change No change On or before 12/ ''.
of stainless 31/2023.......
steel, whether or
not gold- or
silver-plated,
valued over $100
per dozen
(provided for in
subheading
9113.20.40)......
SEC. 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 1% No change No change On or before 12/ ''.
exceeding 50 mm 31/2023.......
in width
(provided for in
subheading
9114.30.40)......
SEC. 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 Free No change No change On or before 12/ ''.
stainless steel, 31/2023.......
each with a
diameter greater
than 3 mm but not
exceeding 10 mm
(provided for in
subheading
9114.90.40)......
SEC. 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 Free No change No change On or before 12/ ''.
brass, designed 31/2023.......
to indicate hour,
minute, second or
counter (provided
for in subheading
9114.90.40)......
SEC. 108374. ACOUSTIC GUITARS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.32.82 Acoustic guitars, 3.6% No change No change On or before 12/ ''.
valued not over 31/2023.......
$100 each,
excluding the
value of the case
(provided for in
subheading
9202.90.20)......
SEC. 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 4.5% No change No change On or before 12/ ''.
digital pianos, 31/2023.......
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)......
SEC. 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, 0.4% No change No change On or before 12/ ''.
digital, each 31/2023.......
with one 88-key
hammer action
keyboard and
valued $100 or
more (provided
for in subheading
9207.10.00)......
SEC. 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 Free No change No change On or before 12/ ''.
musical single 31/2023.......
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)......
SEC. 108378. ELECTRIC GUITARS AND ACOUSTIC/ELECTRIC GUITARS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H770]]
`` 9902.32.86 Electric guitars, 3.7% No change No change On or before 12/ ''.
designed to be 31/2023.......
amplified
electronically,
valued over $40
but not more than
$200 per unit
(provided for in
subheading
9207.90.00)......
SEC. 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 Free No change No change On or before 12/ ''.
viscoelastic 31/2023.......
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)......
SEC. 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 7% No change No change On or before 12/ ''.
lighting 31/2023.......
fittings, of base
metal other than
of brass, such
goods designed
for permanent
wall installation
(provided for in
subheading
9405.10.60)......
SEC. 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 Free No change No change On or before 12/ ''.
bathroom fan 31/2023.......
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)......
SEC. 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 5.7% No change No change On or before 12/ ''.
household floor 31/2023.......
standing lamps,
of base metal
other than brass,
each with an E26
socket (provided
for in subheading
9405.20.60)......
SEC. 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 Free No change No change On or before 12/ ''.
pathway lights, 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
pathway lights, 31/2023.......
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)......
SEC. 108385. EXTERIOR EXIT VIEWING LIGHTS, DUAL BEAM.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H771]]
`` 9902.32.93 Exterior exit Free No change No change On or before 12/ ''.
viewing lights, 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
diode (LED) 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
diode (LED) low 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
diode (LED) 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
diode (LED) low 31/2023.......
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)......
SEC. 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 1.7% No change No change On or before 12/ ''.
diode (LED) low 31/2023.......
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)......
SEC. 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 3.9% No change No change On or before 12/ ''.
holders other 31/2023.......
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)......
[[Page H772]]
SEC. 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 Free No change No change On or before 12/ ''.
holder shades, 31/2023.......
other than of
brass, each
designed to fit
on the top of a
jar style candle
holder (provided
for in subheading
9405.50.40)......
SEC. 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 5.8% No change No change On or before 12/ ''.
lamps 31/2023.......
(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)......
SEC. 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 Free No change No change On or before 12/ ''.
torches, each 31/2023.......
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)......
SEC. 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 0.8% No change No change On or before 12/ ''.
torches, of any 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
base of metal 31/2023.......
(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)......
SEC. 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 Free No change No change On or before 12/ ''.
torches for 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
arrays, each 31/2023.......
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)......
[[Page H773]]
SEC. 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 4.8% No change No change On or before 12/ ''.
(luminaires), of 31/2023.......
vegetable fibers
(provided for in
subheading
9405.99.40)......
SEC. 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 4.8% No change No change On or before 12/ ''.
galvanized steel 31/2023.......
(bare metal),
designed for use
in light emitting
diode (LED)
downlights
(provided for in
subheading
9405.99.40)......
SEC. 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 4% No change No change On or before 12/ ''.
aluminum, 31/2023.......
designed for
light emitting
diode (LED)
lighting fixtures
(provided for in
subheading
9405.99.40)......
SEC. 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 3.5% No change No change On or before 12/ ''.
plates of 31/2023.......
galvanized steel,
designed for use
with light
emitting diode
(LED) lighting
fixtures
(provided for in
subheading
9405.99.40)......
SEC. 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 3.5% No change No change On or before 12/ ''.
aluminum, 31/2023.......
designed for
light emitting
diode (LED)
downlights
(provided for in
subheading
9405.99.40)......
SEC. 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 Free No change No change On or before 12/ ''.
designed for 31/2023.......
outdoor garden
torches, of base
metal other than
brass, each
incorporating a
wick and
flameguard
(provided for in
subheading
9405.99.40)......
SEC. 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 Free No change No change On or before 12/ ''.
subassemblies, 31/2023.......
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)......
SEC. 108406. ZOOM MODULES FOR AUTOMATED MOVING LIGHTS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H774]]
`` 9902.33.15 Zoom modules, Free No change No change On or before 12/ ''.
each consisting 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
designed for 31/2023.......
clubs designated
as fairway woods
(provided for in
subheading
9506.39.00)......
SEC. 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, Free No change No change On or before 12/ ''.
designed for use 31/2023.......
with putters
(provided for in
subheading
9506.39.00), the
foregoing other
than goods
described in any
other heading of
this subchapter..
SEC. 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 Free No change No change On or before 12/ ''.
of steel, other 31/2023.......
than those
designed for use
with putters
(provided for in
subheading
9506.39.00)......
SEC. 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 Free No change No change On or before 12/ ''.
assemblies, each 31/2023.......
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..
SEC. 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 Free No change No change On or before 12/ ''.
of graphite, 31/2023.......
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..
SEC. 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 Free No change No change On or before 12/ ''.
of graphite, 31/2023.......
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.....
[[Page H775]]
SEC. 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 Free No change No change On or before 12/ ''.
of graphite, 31/2023.......
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)......
SEC. 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 2.3% No change No change On or before 12/ ''.
of graphite, 31/2023.......
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..
SEC. 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 Free No change No change On or before 12/ ''.
of graphite, 31/2023.......
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.....
SEC. 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 Free No change No change On or before 12/ ''.
of graphite, 31/2023.......
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..
SEC. 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 Free No change No change On or before 12/ ''.
of graphite, 31/2023.......
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)......
SEC. 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:
[[Page H776]]
`` 9902.33.27 Golf club shafts 2.9% No change No change On or before 12/ ''.
of graphite, 31/2023.......
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)".....
SEC. 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 Free No change No change On or before 12/ ''.
of graphite, 31/2023.......
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..
SEC. 108420. PICKLEBALL PADDLES.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.33.29 Pickleball Free No change No change On or before 12/ ''.
paddles or 31/2023.......
rackets (provided
for in subheading
9506.59.80)......
SEC. 108421. PICKLEBALLS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.33.30 Noninflatable Free No change No change On or before 12/ ''.
hollow 31/2023.......
pickleballs, each
measuring not
over 19 cm in
diameter
(provided for in
subheading
9506.69.40)......
SEC. 108422. EXERCISE CYCLES.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.33.31 Upright, 4.5% No change No change On or before 12/ ''.
recumbent and 31/2023.......
semi-recumbent
exercise cycles
(provided for in
subheading
9506.91.00), the
foregoing other
than goods
described in any
other heading of
this subchapter..
SEC. 108423. STATIONARY TRAINERS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.33.32 Bicycle Free No change No change On or before 12/ ''.
stationary 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
equipment, each 31/2023.......
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)......
[[Page H777]]
SEC. 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 Free No change No change On or before 12/ ''.
equipment, each 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
accessories 31/2023.......
(other than
display consoles)
of treadmills
(provided for in
subheading
9506.91.00)......
SEC. 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 Free No change No change On or before 12/ ''.
accessories 31/2023.......
(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)......
SEC. 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 1.2% No change No change On or before 12/ ''.
accessories 31/2023.......
(other than
display consoles)
of stationary
exercise cycles
(provided for in
subheading
9506.91.00)......
SEC. 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 Free No change No change On or before 12/ ''.
accessories for 31/2023.......
dumbbells and
other weight and
strength training
equipment (for
example,
resistance gyms)
(provided for in
subheading
9506.91.00)......
SEC. 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 Free No change No change On or before 12/ ''.
accessories for 31/2023.......
(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)......
SEC. 108431. LATERAL ELLIPTICAL MACHINES.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H778]]
`` 9902.33.40 Fitness Free No change No change On or before 12/ ''.
equipment, each 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
kettlebells, each 31/2023.......
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) ....
SEC. 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 Free No change No change On or before 12/ ''.
barbells, each 31/2023.......
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)......
SEC. 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- Free No change No change On or before 12/ ''.
resistance 31/2023.......
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..
SEC. 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- 0.5% No change No change On or before 12/ ''.
resistance 31/2023.......
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..
SEC. 108436. UPRIGHT EXERCISE CYCLES.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.33.45 Upright Free No change No change On or before 12/ ''.
stationary 31/2023.......
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..
SEC. 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 Free No change No change On or before 12/ ''.
stationary 31/2023.......
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..
[[Page H779]]
SEC. 108438. LEANING EXERCISE CYCLES.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
`` 9902.33.47 Stationary 1.1% No change No change On or before 12/ ''.
exercise cycles, 31/2023.......
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..
SEC. 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 Free No change No change On or before 12/ ''.
strength training 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
strength training 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
treadmills, each 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
treadmills, each 31/2023.......
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)......
SEC. 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:
[[Page H780]]
`` 9902.33.52 Stationary indoor Free No change No change On or before 12/ ''.
cycling exercise 31/2023.......
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..
SEC. 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 Free No change No change On or before 12/ ''.
cycling exercise 31/2023.......
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..
SEC. 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 1.4% No change No change On or before 12/ ''.
cycling exercise 31/2023.......
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..
SEC. 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 Free No change No change On or before 12/ ''.
fitness 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
equipment, each 31/2023.......
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)......
SEC. 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:
[[Page H781]]
`` 9902.33.57 Foldable 0.5% No change No change On or before 12/ ''.
treadmills, each 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
indoor cycling 31/2023.......
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..
SEC. 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 Free No change No change On or before 12/ ''.
equipment, each 31/2023.......
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)......
SEC. 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, 5.9% No change No change On or before 12/ ''.
each presented 31/2023.......
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)......
SEC. 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 5.7% No change No change On or before 12/ ''.
valued not over 31/2023.......
$2.70 each
(provided for in
subheading
9507.30.20)......
SEC. 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 3.8% No change No change On or before 12/ ''.
of rigid 31/2023.......
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)......
SEC. 108454. COLLAPSIBLE BIG GAME DECOYS.
Subchapter II of chapter 99 is amended by inserting in
numerical sequence the following new heading:
[[Page H782]]
`` 9902.33.63 Foldable decoys, 0.3% No change No change On or before 12/ ''.
each depicting 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
pitchers, each 31/2023.......
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)......
SEC. 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 6.1% No change No change On or before 12/ ''.
vacuum insulated 31/2023.......
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)......
SEC. 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 4.9% No change No change On or before 12/ ''.
vacuum insulated 31/2023.......
drinkware, double-
walled, having a
capacity
exceeding 2
liters but not
exceeding 4
liters, complete
with cases
(provided for in
subheading
9617.00.40)......
SEC. 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 Free No change No change On or before 12/ ''.
servers, each 31/2023.......
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)......
SEC. 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 Free No change No change On or before 12/ ''.
coffee servers, 31/2023.......
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)......
Subtitle B--Existing Duty Suspensions and Reductions
SEC. 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).
[[Page H783]]
(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 a-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
b-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).
[[Page H784]]
(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).
[[Page H785]]
(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/m\2\).
(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).
[[Page H786]]
(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--
[[Page H787]]
(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--
[[Page H788]]
(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-a-(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:
``a-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-(a,a,a-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 (b-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-a,a,a-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
[[Page H789]]
(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-a)-13-[(O-b-D-Glucopyranosyl-(1-2)-O-[b-D-
glucopyranosyl-(1-3)]-b-D-glucopyranosyl)oxy]-kaur-16- en-18-
oic acid O-b-D-glucopyranosyl-(1-2)-O-[b-D-glucopyranosyl-
(1-3)]-b-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 (a-D-
[[Page H790]]
glucopyranosyl a-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
[[Page H791]]
(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-kO)-3-{[2- (hydroxy-kO)-1-
naphthyl]diazenyl}benzenesulfon- amidato(2-)][4-hydroxy-3-
{[2-(hydroxy-kO)-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-kN)-5-[2-[2-(hydroxy-kO)-4-
nitrophenyl]diazenyl-kN1]-N-methyl-2-
naphthalenesulfonamidato(2-)][6-(amino-kN)-5-[2-[2-(hydroxy-
kO)-4-nitro- phenyl]diazenyl-kN1]-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--
[[Page H792]]
(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(3"-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-kO)-5-sulfophenyl] diazenyl-
kN] phenylmethyl] diazenyl-kN]-4-sulfobenzoato (6-)-kO]-
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-) -k2 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) b-cyfluthrin formulations.--Heading 9902.09.19 is
amended--
(A) by amending the article description to read as follows:
``Product mixtures containing (RS)-a-cyano-4-fluoro-3-
phenoxybenzyl (1RS,3RS,1RS,3SR)-3-(2,2-dichlorovinyl)-2,2-
dimethylcyclopropanecarboxylate (b-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 b-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-
[[Page H793]]
nitroimidazolidin-2-ylideneamine (Imidacloprid) (CAS No.
138261-41-3) and (RS)-a-cyano-4-fluoro-3-phenoxybenzyl (1RS,
3RS;1RS, 3SR)- 3-(2,2-dichlorovinyl)-2,2-
dimethylcyclopropanecarboxylate (b-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-(a,a,a-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-(a,a,a-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
[[Page H794]]
(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-kN)-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--
[[Page H795]]
(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 a-(3-(3-(2H-benzotriazol-2-yl)-5-(1,1-
dimethylethyl)-4-hydroxyphenyl) -1-oxopropyl)-v-hydroxy-poly
(oxy-1,2-ethanediyl) (CAS No. 104810-48-2); a-(3-(3-(2H-
benzotriazol-2-yl)-5-(1,1-dimethylethyl)-4-hydroxyphenyl) -1-
oxopropyl)-v- (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--
[[Page H796]]
(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
[[Page H797]]
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--
[[Page H798]]
(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
[[Page H799]]
(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
[[Page H800]]
(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--
[[Page H801]]
(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) b-cyfluthrin.--Heading 9902.04.70 is amended--
[[Page H802]]
(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 (b-
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:
``[a-(4-Chlorophenyl)-a-(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]-
[[Page H803]]
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.
[[Page H804]]
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-(a,a,a-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,
[[Page H805]]
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''.
Subtitle C--Effective Date and Technical Corrections Authority
SEC. 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.
SEC. 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).
DIVISION L--COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE
SEC. 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 receipents 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;
[[Page H806]]
(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
customize 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 evaluations; 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.
(6) 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.).
The SPEAKER pro tempore. The bill, as amended, is debatable for 2
hours equally divided and controlled by the chair and ranking minority
member of the Committee on Science, Space, and Technology or their
respective designees.
The gentlewoman from Texas (Ms. Johnson) and the gentleman from
Florida (Mr. Waltz) each will control 60 minutes.
The Chair recognizes the gentlewoman from Texas.
General Leave
Ms. JOHNSON OF Texas. Mr. Speaker, I ask unanimous consent that all
Members have 5 legislative days to revise and extend their remarks and
include extraneous material on H.R. 4521, the bill now under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Texas?
There was no objection.
{time} 1430
Ms. JOHNSON of Texas. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, it is an honor to stand before this body today to speak
in support of H.R. 4521, the America COMPETES Act of 2022.
I am very proud to be the sponsor of this bill, and as chairwoman of
the Committee on Science, Space, and Technology, I am especially proud
of the strong bipartisan bills from my committee that are included in
this package.
It is a privilege to be able to come together in the House this week
to consider this consequential piece of legislation. It is legislation
that is critical to the future health of our American science and
innovation enterprise and our Nation's competitiveness.
The United States has long been a beacon of excellence in science and
innovation. However, we cannot rest on our laurels. It is time for us
to revitalize Federal support for the kinds of research and development
initiatives that enabled us to achieve that excellence in the first
place.
We need to take a holistic approach that encompasses everything from
the state-of-the-art research and development taking place at our
national labs
[[Page H807]]
to advanced manufacturing facilities that employ and support
communities across the Nation.
It is not an understatement to say that we can usher in an exciting
and prosperous future for American competitiveness with the suite of
provisions contained in Divisions A and B of the America COMPETES Act.
These include transformative support for the National Science
Foundation, the Department of Energy's Office of Science, and the
National Institute of Standards and Technology.
In addition, the provisions in this act will enable us to create a
strong and diverse STEM workforce, one that is ready to address the
great societal and scientific challenges we face as a nation.
One of many STEM provisions included in the America COMPETES Act is
the STEM Opportunities Act. This is an initiative I have been working
to make law for 15 years and which is needed now more than ever.
With this legislation, we are making investments to build clean
energy solutions, address the climate crisis, reinforce our national
security, enhance our semiconductor manufacturing capabilities, and so
much more.
In short, we are acting to address the critical needs identified by
the scientific community, industry, academia, and other stakeholders as
what they need most to succeed in the 21st century.
If we are to continue to lead and be able to compete on a global
scale, we must chart our own course. The United States has endless
potential to lead the world in innovation and competitiveness, and the
America COMPETES Act can supply the driving force to get us there.
Before I close, I would like to thank Speaker Pelosi and my
colleagues on and off the Science, Space, and Technology Committee for
their work in getting us to this point.
I would also like to thank Ranking Member Lucas for being a
constructive partner with me to ensure that we passed bipartisan bills
that incorporated the good ideas put forth by Members on both sides of
the aisle in our committee.
Finally, I would like to thank the staff of the Science, Space, and
Technology Committee for the hard work, dedication, and long hours that
they have put in throughout this process. I deeply appreciate what they
have done.
This is a strong package, one that was put together with the needs of
each and every American, especially those in historically underserved
communities, in mind.
Mr. Speaker, I urge all of my colleagues to support the America
COMPETES Act of 2022, and I look forward to its swift passage.
Mr. Speaker, I reserve the balance of my time.
Mr. WALTZ. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, we are here today to discuss what House Democrats are
now calling the America COMPETES Act, and frankly, it is a shame. It is
a shame that they are framing this as a bill about competitiveness.
While it may have started as just that, it has now morphed into another
attempt to impose the Democrats' out-of-touch agenda on America.
Mr. Speaker, the sad reality is that we are in desperate need of a
competitiveness bill. The Chinese Communist Party is trying to overtake
us and intends to overtake us as the global leader in science and
technology because they know that leadership in science directly
equates to a stronger economy, a more secure homeland, and greater
influence in ethical standards that underpin all of our emerging
technologies.
It is no wonder that the Chinese Communist Party is doing everything
in its power to take every possible advantage in this global
competition. The Chinese Communist Party is outspending us on research
and development. They are graduating more STEM students and building
their high-tech workforce faster than we are, and they are acquiring
valuable research and intellectual property through any means
necessary, absolutely including forced acquisition and theft.
Mr. Speaker, they are stealing their way to the top, and it is not an
exaggeration to say that countering China's global influence must be
one of our highest priorities in Congress.
The House Science, Space, and Technology Committee with Chairwoman
Johnson's and Ranking Member Lucas' leadership took on this
responsibility--and rightly so--and did what the American people expect
us to do. We spent more than 1 year meeting with stakeholders,
gathering feedback, finding consensus policies, and passing bipartisan
legislation. In total, with their leadership and with the great work of
the Science, Space, and Technology Committee, we passed a dozen bills
to double down on our investment and transformative basic research,
build our STEM workforce, and strategically support the most important
emerging technologies like artificial intelligence, quantum sciences,
and advanced manufacturing.
While you will hear about all of those bills that are in this
package, Mr. Speaker, it is inaccurate to say this is a China bill or a
competitiveness bill. I want to be crystal clear: This is not
bipartisan legislation, and it is not focused on the problems at hand.
If the Speaker and our colleagues, the House Democrats, were serious
about addressing the threat from the Chinese Communist Party, then they
would have moved our science bill--those dozen bills--into conference
months ago. We have been ready to go since June, and everyone who has
worked on it on both sides of the aisle knows it. That is when the two
core elements of our package passed the House with overwhelming
bipartisan support.
Instead, this body wasted all summer and fall on massive spending
bills like Build Back Better, and now we have little to show for it. So
here we are, on Groundhog Day, fittingly and sadly, going through the
same exercise we have already done multiple times.
Let's be candid. Democrats are trying to cram through a massive bill
filled with unnecessary spending that dramatically alters what has
passed through this House instead of focusing on the issues at hand.
What started as a bipartisan effort to keep the U.S. globally
competitive somehow, in the last few weeks, went through the black box
of Speaker Pelosi's office and emerged as the Build Back Better backup
plan filled with failed initiatives and progressive demands.
Instead of addressing competition and the threat from the Communist
leadership in China, this bill now corrupts good, solid bipartisan work
I was personally very proud of, and it corrupts it with thousands of
pages of irrelevant policies.
What kind of China bill mentions coral reefs more than China?
There are very real consequences to this bad faith effort. As much as
85 percent of America's long-term economic growth is due to advances in
science and technology. We cannot take that continued growth for
granted.
I can assure you, Mr. Speaker, when the Chinese Communist Party
considers how to outpace us in the technologies of the future, they
aren't wasting their time and money on U.N. climate funds, which, by
the way, send money right back over to Beijing. We should be taking
this every bit as seriously as they are.
I expect my Republican colleagues will share the countless poison
pills that have been inserted into this bill, so I won't elaborate on
them here. Instead, I will simply urge my colleagues, with a heavy
heart, to oppose this bill and urge Democratic leadership to get
serious about the threat from China.
Let's stay focused on that threat. Let's go to conference with a
clean bipartisan competitiveness bill and set our country up for the
continued economic success that Americans deserve.
Mr. Speaker, I reserve the balance of my time.
Ms. JOHNSON of Texas. Mr. Speaker, I yield 3 minutes to the
outstanding gentleman from New Jersey (Mr. Pallone).
Mr. PALLONE. Mr. Speaker, I stand in strong support of the America
COMPETES Act, legislation that restores a strong and robust American
manufacturing base that can outcompete any other nation. It will put us
on course to lead the pack in creating the strongest and most advanced
economy of the future.
Over the past 40 years, America's manufacturing sector has lost
market share to economic competitors like China. This decline in
manufacturing, coupled with the COVID-19 pandemic, has led to severe
supply chain disruptions across our economy.
[[Page H808]]
The America COMPETES Act will strengthen our economy by bolstering
our Nation's supply chains and ensuring that more critical goods are
made right here in the United States.
The legislation invests $45 billion in grants, loans, and loan
guarantees to support supply chain resilience and manufacturing of
critical goods, industrial equipment, and manufacturing technology here
in the U.S.
It invests $52 billion for the CHIPS for America Act, incentivizing
private-sector investments in superconductor fabrication in the United
States. This funding will help eliminate disruptions in the
superconductor supply chain from abroad that has hurt American
automakers, medical supply chain companies, and manufacturers of heavy
machinery.
It invests $3 billion to help build a domestic solar manufacturing
supply chain so we can aggressively counter China's control of the
solar chain that jeopardizes our energy security interests. The bill
also keeps our electric grid secure and resilient in the face of
evolving cybersecurity and physical security threats.
The America COMPETES Act also improves our medical supply chain and
strengthens our Strategic National Stockpile. During the early days of
the COVID-19 pandemic, there were widespread shortages of essential
medicines, medical supplies, and some personal protective equipment.
This legislation increases our domestic drug manufacturing base by
expanding the use of advanced and what we call continuous manufacturing
practices.
It also establishes a $1.5 billion supply chain manufacturing pilot
program that will help maintain domestic reserves of critical medical
supplies. It creates a $10.5 billion program that awards grants to
States to expand or maintain a strategic stockpile of products
essential in the event of a public health emergency.
Finally, Mr. Speaker, the America COMPETES Act innovates our wireless
supply chain and network security by funding the deployment of cutting-
edge technology and ensuring that next-generation mobile wireless
networks are safe and secure from foreign adversaries.
Mr. Speaker, for too long, America has relied too heavily on other
nations to manufacture critical goods essential to our economy. That
has to end, and the America COMPETES Act makes the investments to
ensure that America can outcompete any other nation now and well into
the future.
Mr. Speaker, I strongly urge my colleagues to support the bill.
Mr. WALTZ. Mr. Speaker, I yield 5 minutes to the gentleman from Texas
(Mr. McCaul), who is the Republican leader of the Foreign Affairs
Committee.
Mr. McCAUL. Mr. Speaker, last year, the CCP's hypersonic weapons
program successfully launched a missile that traveled all the way
around the world. That program was built on the backbone of U.S.
technology.
And as we speak, the Chinese Communist Party is committing genocide
against their own people. Women are forced to abort their children.
Families are ripped apart. And all the while, American IP is being used
to build the CCP's police state to help the CCP surveil and imprison
the ethnic and religious minorities that they torture.
A substantive bill that counters the CCP isn't just a national
security issue; it is a moral issue. That is why any serious
legislation must include export controls to keep U.S. technology out of
the hands of the CCP's military and surveillance state.
The stakes could not be higher, and the outcome hinges on a
technology race. Unfortunately, this bill takes no meaningful step to
address this significant risk to U.S. national security. Instead, it is
a Trojan horse being used to inject $8 billion worth of taxpayer money
into an unaccountable United Nations slush fund.
{time} 1445
That is more than double the amount of money authorized for actual
foreign policy programs. This U.N. slush fund has already provided at
least $100 million directly to China, U.S. taxpayer dollars to a
country that this Congress, that the former Republican President and
the current Democrat President have all agreed is committing genocide;
to a country that even Secretary Kerry admitted is using slave labor to
make green energy projects, like solar panels and batteries.
And for some unknown reason, Democrats rejected Republican efforts to
guarantee that the CCP could not access U.S. taxpayer money in this
bill.
But even worse, this legislation could send U.S. taxpayer dollars to
fund green energy projects built on the CCP's genocide program against
its own people, to fund their slave labor, to prop up their forced
abortions.
Shockingly, Republicans attempted to stop this from happening, to
stop U.S. taxpayers from funding slave labor, but we were outright
rejected by the Democrats.
Mr. Speaker, this is a moral issue. It is the test of our time. If we
allow this legislation to pass, we will be on the wrong side of
history. We will be helping the CCP build the future of global energy
on the foundation of slave labor and genocide.
And Mr. Speaker, I stand before you today both angry and
disappointed. This bill could have been the bipartisan crowning
achievement of this Congress and we could have worked together.
We could have shown the American people that when it comes to
generational threats posed by the CCP, that Republicans and Democrats
can put U.S. interests over special interests; that we can put national
security over party politics; that we can put morality over money.
Instead, the gentlewoman from California hijacked this legislation
that was bicameral, bipartisan; hijacked these negotiations, and threw
it together in this legislation that she well knew contained provisions
that Republicans could not support.
In other words, she chose to turn this into a partisan political
stunt. And she did it in secret, behind the backs of Republicans, while
many of us were still negotiating with our Democrat counterparts in
good faith to find a bipartisan agreement.
So, Mr. Speaker, the CCP is the most significant economic and
national security threat the United States faces. The American people
deserved better than this superficial partisan response.
I urge my colleagues to vote ``no'' on this immoral bill and stand
with me against genocide.
Ms. JOHNSON of Texas. Mr. Speaker, I yield 2 minutes to the
gentlewoman from California (Ms. Waters).
Ms. WATERS. Mr. Speaker, I rise in support of the America COMPETES
Act. This crucial piece of legislation will strengthen our Nation's
financial system and allow us to maintain and strengthen our ability to
compete with the rest of the world, especially with the People's
Republic of China; that is, PRC.
After arriving in Congress, I have made it a priority to advance
legislation to empower American workers and make sure America's economy
remains competitive for generations to come.
Under my leadership, the Committee on Financial Services has:
Reauthorized the Terrorism Risk Insurance Act and the Export-Import
Bank to benefit American workers, small businesses, and communities
throughout our country;
Set aside $60 billion of Paycheck Protection Program, that is PPP,
funds for community lenders to lend to some of the smallest businesses,
including minority, and women-owned businesses;
Protected small investors and businesses from bad practices on Wall
Street to give everyone a fair shot in our capital markets.
Today, I continue that leadership with the America COMPETES Act,
including several provisions from our committee that, among other
things, will combat ransomware attacks, strengthen Defense Production
Act authorities to protect the supply chains of medical materials, and
more.
I am also pleased to have included my bill to end World Bank and
Asian Development Bank funding for China, unless such assistance
contributes a global public good that serves the U.S. national
interest, such as stopping climate change.
Moreover, I urge the House to pass the Sherman amendment, which
strengthens the integrity and, thus, increases the competitiveness of
our economy and capital markets by adding long overdue transparency to
the shadow or exempt securities markets.
Mr. Speaker, this bill will set up our Nation, its businesses and
workers, to better compete in the world, especially
[[Page H809]]
against the PRC. Let's invest in our Nation's future and get this
historic bill to the President's desk.
I urge an ``aye'' vote.
Mr. WALTZ. Mr. Speaker, I yield 5 minutes to the gentlewoman from
Washington (Mrs. Rodgers), the Republican leader of the Energy and
Commerce Committee.
Mrs. RODGERS of Washington. Mr. Speaker, I appreciate the gentleman
yielding.
I rise in strong opposition to this dangerous bill. This isn't just a
missed opportunity to boost American competitiveness; it actually will
set us back on our goal to beat China and win the future.
I have heard the majority say that if you oppose this bill, you
aren't in favor of increasing our competitiveness against China. Yet,
the White House didn't even mention China in its statement of support.
This is a go-it-alone approach that will actually embolden China;
ignore the damage of the radical agenda that has been pushed through
this Congress under one-party rule and what it has done to our ability
to compete.
The Chinese Communist Party tries to compete by cheating, stealing,
and using their centrally controlled economy to pick winners and losers
through massive government subsidies.
Instead of embracing free markets and American ingenuity, this bill
tries to copy that type of an approach of centralized industrial policy
and massive government handouts that benefit political allies.
We cannot and we should not even try to beat the Chinese Communist
Party at their own game. It is not the American way.
The United States of America has a record. Ours is one where we have
done more to lift people out of poverty, raise the standard of living,
cure diseases, spur innovation, more than any other country in the
history of the world. We have done so by embracing freedom, free
markets, human rights, and the respect for human dignity; where success
isn't contingent upon the approval or the direction of the government,
the Federal Government; where hard work, creative thinking, and risk-
taking are rewarded.
The approach of this bill ignores this and, instead, attempts to
cover up the many crises that have been created in the last year under
the Biden-Harris administration and this majority.
Virtually every piece of this radical agenda from the last year,
under one-party rule, has hurt our ability to compete. The war on
American energy has set back our energy independence and harmed our
economic and national security, while making us more dependent upon
China.
The record amount of spending has created rampant inflation. The
regulatory agenda has made it more difficult for our businesses.
Speaker Pelosi's drug pricing control scheme will destroy American
medical innovation. The radical environmental agenda will make it
impossible to have a domestic source for critical minerals and
chemicals needed for advanced manufacturing. And the push to keep our
schools closed will set back an entire generation of Americans.
If the Democrats wanted to make America more competitive, they would
abandon the destructive agenda and work to reform burdensome
permitting, licensing, and regulatory regimes.
Sadly, this legislation, driven out of the Speaker's Office, is
Speaker Pelosi doubling down on that agenda, one that is benefiting
political allies, leading to rampant waste, fraud, and abuse, and the
increase of dependence on China.
You know, there were many bipartisan provisions from the Committee on
Energy and Commerce included in this bill but, unfortunately, the
overall bill is extremely problematic. And a previously bipartisan
program that we had negotiated that would spur development and
deployment of like, for example, advanced communications
infrastructure, had labor restrictions attached to them that is only
going to make it harder for us to lead in 5G and next-gen
communications.
It also creates massive slush funds and more grants for Democrats'
political allies. There is a new grant and loan program at the
Department of Energy that is Solyndra on steroids, a $3 billion
domestic solar manufacturing program with less waste, fraud, and abuse
protections than what had led to Solyndra. It is a supercharged
Solyndra, that will benefit China, which controls critical minerals and
parts for solar panels.
There is a $45 billion supply chain program that is also for their
political allies, prioritizing labor unions, Blue State mayors and
Governors, and other allies over businesses and entities that could
actually make our supply chains more resilient.
I urge my colleagues to abandon this plan. Let's not surrender our
competitive edge to China. Let's work on real solutions that will make
us more competitive, win the future, and offer a better life for all.
Ms. JOHNSON of Texas. Mr. Speaker, I yield 2 minutes to the
gentlewoman from New York (Mrs. Carolyn B. Maloney).
Mrs. CAROLYN B. MALONEY of New York. Mr. Speaker, I thank the
gentlewoman for yielding, and for her leadership.
I rise in strong support of the America COMPETES Act. As our country
fights to emerge from this pandemic, the policies of the Biden-Harris
administration increased GDP by 5.7 percent in 2021, with the last
quarter clocking in at an impressive 6.9 percent Gross Domestic
Product.
But we cannot return to the pre-pandemic status quo in which
geopolitical adversaries, like China, threatened our industrial base,
supply chains, intellectual property, technological security, and
global leadership and innovation.
The America COMPETES Act will protect and enhance the competitive
edge of America's workers, businesses, and economy, which other nations
are seeking to undermine.
Nowhere are the intentions of our adversaries clearer than in the
cyber realm. Over the past several years, the country has been rocked,
rocked by major attacks by cybercriminals like China and Russia.
Just this morning, our committee approved a sweeping, bipartisan bill
to modernize and improve the cybersecurity framework of the Federal
Government. But these efforts will be hindered if we don't have the
right personnel in place to implement our Federal policies.
The America COMPETES Act will help address this by including H.R.
3599, a bipartisan bill by Ro Khanna and Nancy Mace, which establishes
a rotation program for cybersecurity professionals at Federal agencies.
The America COMPETES Act also includes H.R. 4469, a bill I led with
Representatives Lynch and Raskin, to ensure the Privacy and Civil
Liberties Oversight Board has the authority and resources it needs to
protect civil liberties through oversight of artificial intelligence
use of executive agencies.
The America COMPETES Act will ensure that America can compete and win
in the economy of the future, and it positions the Federal Government
in a way to lead the way forward. There is so much to say about it.
My time has expired. This is a must vote if you want America to be
competitive in the world economy.
Mr. WALTZ. Mr. Speaker, I yield 1 minute to the gentleman from
California (Mr. McCarthy), the Republican leader.
Mr. McCARTHY. Mr. Speaker, I want to thank the gentleman for
yielding. But more importantly, I want to thank him for his service to
this country.
After ignoring the China threat for years, House Democrats finally
introduced a bill that is allegedly tough on China. They call it the
America COMPETES Act.
But make no mistake: It is a bill that concedes to China. The America
concedes act is Democrats' desperate answer to their stream of self-
created crises.
While it contains some provisions supported by Republicans, Speaker
Pelosi is holding these good ideas hostage by using this 3,000-page
bill as a vehicle for the party's far-left agenda.
Almost every page of the Democrats' concedes act has a provision that
helps China but hurts America.
Now, I know 3,000 pages is a lot to read, and my friends may not
always get the opportunity, Mr. Speaker, to read it before they vote on
it. So I want to take an opportunity here to actually give you some of
the pages and what it actually does.
Now, here are just a few excerpts. On page 1689, it provides a new,
unlimited green card program for the Chinese Communist Party to
exploit.
[[Page H810]]
{time} 1500
It also allows research funds to freely flow to colleges and
universities that host Confucius Institutes which are essentially CCP
propaganda centers. They literally censor our colleges and campuses.
These policies would make our Nation more vulnerable to Chinese
espionage. In fact, the threat of Chinese spying in America is so
widespread that the FBI has 2,000 active cases. Think about that. There
are 2,000, almost as many pages as this bill is. They open a new case
every 12 hours. So as we debate this bill for the next few days, there
will be six new cases opened.
I wonder what they would do. How far would the Chinese spy? I have
watched a lot of Hollywood movies. I don't know. Could you imagine?
Would they go as far and as deep to even meet somebody and spy on them
when they are on the city council?
Would they develop a friendship through a college like we see here
with Confucius? Maybe they would even help if the city council person
wanted to run for Congress. Maybe they would go as far as, if this
person runs for Congress and they had developed this long relationship
from meeting in college, to offer to put people in their office, to
help them work in that office, the interns. It would be good.
Could they go as far as this person that got elected to Congress may
be just in their second term to get on one of the most influential
committees, the Committee on Intelligence? Could they go that far? With
the FBI opening up cases every 12 hours, if this person got on the
Committee on Intelligence, they would probably warn leadership here
about that, I would imagine, because they wouldn't know. If leadership
was warned about it, instantly that Member probably would not be on a
committee where they could hear secrets that Members here don't get to
know. Surely that person would not still be on that committee. I don't
know if this is Hollywood or not.
Mr. Speaker, what if that Member even wanted to run for President
after that? That would be shocking to me. It is probably too Hollywood.
It couldn't be true. It couldn't happen in today's world. I don't know.
The FBI has 2,000 active cases, and they open a new one every 12 hours.
So what are you doing to stop that? Oh, we are going to help them. We
are going to give them more money. We are going to give them a green
card program. I am sure, when the FBI warns of the next, maybe that
person could even become a subcommittee chair on the Committee on
Intelligence. That couldn't happen in America. I just know with new
leadership it won't be allowed.
On page 995, it requests a toothless report from the Biden
administration on the origins of COVID. Instead of taking action to get
real accountability, it is going to ask for a report. Now this
leadership could open a lot of select committees. They do that quite
often. Why don't we have a select committee on the origins of COVID?
I know we are going to debate this bill for a couple of days. Today,
I just got a notice we were going to have a memorial this week on the
steps of the Capitol like we had before, because 900,000 Americans have
now died because of COVID. That got postponed. I don't know if you know
why it was postponed. Was it postponed because we were debating this
bill and we didn't want to put them together at the same time? I am not
sure of that. I don't know. It is a question I would wonder.
Mr. Speaker, the bigger question I would wonder is, instead of just
sitting out there and giving a moment of silence, why wouldn't we give
them more time to explain why those 900,000 in America died, let alone
the millions around the world where it originated from? Don't you think
that would be a better use of our time? I know with the new leadership
we will have that committee.
On page 1396, it directs the American military to train to combat
climate change. How does that compete? I always thought the American
military would be trained to defend America, to protect America. But lo
and behold this Congress on page 1396 is going to direct the American
military to train to combat climate change. If the leadership in this
Congress was different, I know that would not be in there.
On page 1645, this is very important for competing. It creates a
Coral Reef Task Force because, you know, a Coral Reef Task Force,
somebody can cut himself, but 900,000 Americans can die of COVID, but
you can't have a task force on that to know where it originated from.
If anybody gets hurt from a coral reef, we have got the task force
right here in this building. That is going to make America compete like
no other country can.
On page 227, it creates a new Federal program to study plumbing. Mr.
Speaker, I will tell you we don't need any new program to study
plumbing. If anybody here wants to study plumbing, I know Markwayne
Mullin will give you a class day in and day out. Nobody is finer. He
has proven it. This is going to make America compete?
Mr. Speaker, 900,000 Americans can die, but you are not going to do
anything about understanding where the origin was created. We are
getting spied on every single day, all the way down to city council,
but we are not doing anything there. We are actually going to fund it
and let them do more. When it comes to coral reefs and plumbing, we are
going to excel.
On page 1392, it gives $8 billion. Can you imagine $8 billion? How do
we get $8 billion? We take it from the taxpayer. How does the taxpayer
get $8 billion? They wake up in the morning. They work. They are paying
more for gas. They are paying more for their milk, for their eggs, for
their breakfast. They are paying more for the masks they have got to
put on their kids, if the schools are even open. They earn less because
inflation hits them every day, but what we are going to do is take more
of their money.
Mr. Speaker, $8 billion, what would this Congress invest in? Well,
they are going to give it to the unaccountable U.N. Green Climate Fund.
Now what have they done with this fund? Where does this money go? If
it is really worthy, I am sure the American taxpayer would offer $8
billion more for this Congress to decide where they should be able to
send that so their kids can't enjoy maybe a day at Disneyland or
somewhere else or simply to be able to pay their electricity bill that
continues to rise.
Well, the U.N. is very, very accountable for this. They have already
funneled $100 million to China. So how does the America COMPETES Act do
anything to China but provide them more money? Whose money are they
provided? You are taking it from the hardworking American taxpayer to
give to China through the U.N. Maybe they can buy more solar panels and
batteries made by the slave labor in China but paid for by the American
taxpayer. I don't think that does much to help us to compete.
Now, Republicans have offered amendments to prevent China from using
that money. Wouldn't it seem like it would be an easy vote? I think it
would be hands down. I would really be interested in knowing who in
this body has constituents that have raised their hand and said they
will give $8 billion of their hard-earned taxpayer money so we can send
it to the U.N. for the Green Climate Fund that has given China $100
million. I would like to know that district.
We offered the amendment to stop it. Do you know what is so
interesting? There has to be at least 218 districts that want to do
that because it failed. The Democrats said no. They are in the
majority. So it had to be your districts. I am not sure if any of you
have taken a poll on that. Maybe I am wrong.
Mr. Speaker, all of these far-left policies would make America more
vulnerable. We might be stronger in the coral reef, but in everything
else we are going to be more vulnerable when it comes to China.
Mr. Speaker, Democrats have spent this debate defending none of them.
Earlier this week the Biden White House never mentioned the word China
in a letter to the House Democrats, urging them to support the America
COMPETES Act.
How is that possible, Mr. Speaker? This is the White House with an
administration that has worked closely with this Democrat leadership.
This bill is all based upon competes, making us stronger against China.
The only thing I could think of is the White House must have read the
bill, because there is nothing in there that actually makes
[[Page H811]]
us stronger against China, only weaker. So I guess they didn't want to
mention it.
Now Democrats seem to be pivoting to talking about the economy. You
should be so proud of what you have done to the economy because you
have changed it. You have changed it drastically. It looks worse today
than it did 1 year ago. We have just passed the 1-year anniversary of
one-party rule. I am not sure you can blame other people for it. You
can show what you accomplished. Some have even said that this $320
billion will help reduce inflation. That is deja vu all over again.
Mr. Speaker, we were on this floor and lo and behold it became a
moment in time where no longer did we want to do anything bipartisan
when it came to COVID because now you had the Senate. You had the White
House. So I guess you think you didn't need to do that. So you came up
with this great idea to spend almost $2 trillion. You know what? I
can't blame you because it is kind of similar to this bill. Title it
COVID but only spent 9 percent on it. Spend $2 trillion. We come to the
floor, and we debate.
Mr. Speaker, we actually warned you. There were moments in time I
thought, should we warn you or should we not? But I care too much about
the country. It is too much pain. If you make this bill go through and
you spend $2 trillion, you are going to create inflation, a tax on
every single American. Oh, no, no, no, you said. Lo and behold, a year
later, we were right again.
Don't make the same mistake twice. Don't bring a bill where even the
President won't mention China. And don't lie to the American public
that it's going to make us stronger. If you are talking about the coral
reef bill, go right ahead.
It is not a surprise that Democrats want to change the subject.
Unfortunately, China is not waiting around for us to act. The real
threats we face should remind all of us about the importance of leading
by example and putting America first. That starts with taking the
threat of China seriously.
Mr. Speaker, I believe personally the two greatest threats to the
future of this country are the size of our debt and China. No matter
what you study in history, every great society that overextends
themselves collapses.
We have $30 trillion in debt, larger than our economy. You are here,
wanting to take more money to give to the U.N. to give to China. You
want to take more money to study plumbing. We all know water goes
downhill. You want to take more money to study the coral reef. You want
to tell the American public that we are going to be better, that we are
going to be able to compete.
Mr. Speaker, I don't sit here just to criticize. I tried to work, to
do it together, to make it better. House Republicans have tried to work
with Democrats on important issues. Three years ago, I remember
traveling to the 75th anniversary of Normandy. It is an unbelievable
location. I remember a lot of the Members went together. I went with
Speaker Pelosi.
I remember walking through the cemetery. You look at those headstones
from the Star of David to the cross. All the names were young men who
died, all about the same age and close in proximity. All died in about
the same timeframe. As you reflect on their life, you begin to reflect
on the position that we currently serve.
{time} 1515
What action could have been done that that day never had to take
place? It wouldn't be a week before or a month before; it would be
years before. What position, what policy could we have done then as a
country that D-day didn't have to take place?
In doing so, as I ponder this, as we were sitting on foreign soil and
we were watching as Americans gave the ultimate sacrifice, their
lives--with the Speaker and others--and knowing what I think about our
debt and China, I asked the Speaker, could we create a committee, a
select committee--make it an equal number of Republicans and Democrats
so politics is out of it--to focus on not only making America compete,
but compete against China, from our critical minerals, from our medical
supplies, and others; that we could have a real plan that could come
out united as one.
Now, I didn't give up. I worked on it for like 8 months. I talked to
the majority leader, Steny Hoyer. I will tell you, we finally came to
agreement, and the answer was yes. I was so excited.
We worked on who would we appoint. We wanted to make it right. We
worked hard on it. We even came back, when the Democrats said it had to
be a smaller committee, I said, ``Okay, I will make it smaller just so
we can do it.''
In February 2020, a joint release was ready to go out. This is how
far we came. I don't know if you know the reporter Josh Rogin with the
Washington Post? We even brought him in to interview the Members of
Congress who were going to be appointed to this committee so we could
have a story about it. That is how close we were.
But just as that press release was ready to hit the button to go at
the time, on 2-24, Chairman Engel's staff said some small things needed
to be changed.
March 18, the early days of China coronavirus outbreak, and the
cover-up came out. A study published in March indicated that if Chinese
authorities had acted 3 weeks earlier than they did, the number of
cases could have been reduced by 95 percent. I am sure that committee
could have found a lot of that.
On May 7, 2020, The Washington Post wrote, ``GOP to Launch China Task
Force,'' because I wanted the Democrats to stay with us. We had the
reports; we had the names; we had everything; but they said no. They
said no. Three years ago they said no.
This select committee was not going to study the coral reef, was not
going to study plumbing, was simply going to focus on how does America
compete for the future, what do we need to compete against China. That
is all we were going to do. We were not going to take $8 billion and
give it to the U.N. to give to China. We weren't going to do any of
that.
So we went ahead without you. That was May 7. One week later, Mr.
Speaker, on May 14, the Speaker of this House, Nancy Pelosi, said:
``Trump's focus on China is an interesting diversion.'' An interesting
diversion. Think about where we are today and if we had acted back
then.
Today, Mr. Speaker, Speaker Pelosi says the only thing is the GOP may
not want the President to have a victory, which is a sad statement on
their part because this is really a jobs issue and a national security
issue. Well, I am not sure, because in reading the bill, if it is a
jobs issue, I guess she takes that from the plumbing study. A national
security issue, I guess making our military trained against climate
change. But why couldn't we have done that 3 years ago, to have a real
committee?
Three years ago the bipartisan talks for the China Task Force, it did
take me a year, but unfortunately Speaker Pelosi walked away. Luckily
for America, the House Republicans started the task force anyway.
We quickly delivered hundreds of specific recommendations that
addressed every part of the China threat. There wasn't one bill on
plumbing or one bill on the coral reef.
In October of 2020 our China Task Force released something no
Congress in history has done before, a comprehensive blueprint to guide
our response to China. I am proud that it is the most thorough report
on China in the history of Congress. I am proud that it is bold,
achievable, and realistic. It identifies the threat of Communist China.
It doesn't reward them with money.
Two-thirds of those recommendations are bipartisan, and one-third
have already passed the House or the Senate. And we did not stop there.
On the issue of COVID, perhaps the greatest offense China has
committed, House Republicans offered eight reasonable solutions to
achieve justice for Americans and to hold China accountable, including
relocating the Olympics from Beijing.
Mr. Speaker, those opening ceremonies are going to be quite
interesting. President Xi and President Putin are probably going to be
arm in arm. I don't know, we might be arm in arm, I don't know the
exact day we are going to go out to pay tribute to the 900,000
Americans who died from COVID. More in the last year than the year
before.
[[Page H812]]
No select committee here to study the origins of it. Wouldn't you
want to know? None of those families can sue the people who created it.
That was one of the recommendations. I kind of think that would be
common sense. I kind of think we both could get to the same place.
Meanwhile, House Democrats picked this week of all weeks to finally
put a weak bill that requests moving the Games. Yeah, if you wait to
that very last day, I bet you could do it then, 2 days before they
begin. Frankly, it is too little and too late. I bet you China laughs
just like they laugh at this bill.
The actions of the majority tell you all you need to know about who
they truly want to help--themselves, their corporate allies, and the
Chinese Communist Party.
Mr. Speaker, I do not know what the Communist Party has on the
majority party here, but it must be powerful. It must be powerful. To
be that close to have a select committee, to have the reporter who
already had written the story to get pulled away, to have 900,000
American lives taken, and you move the date.
I don't know why, but could it be this bill at this time? There is
nothing in this bill to study the origins; there is nothing in this
bill to give those families the right to be compensated for the life
they lost. But there is money in here for China. There is money in here
to give more green cards. There is money in here where the institutes
could be continued.
Mr. Speaker, I implore my colleagues to take some time and think
deeply about what our country stands for. It certainly isn't this
political stunt by the majority.
Mr. Speaker, I will never question somebody's patriotism. The only
thing I ask is if you were there on the 75th anniversary of Normandy,
and you walked through, and you read those names, and you ever wondered
what could have been done beforehand, I think you would know this is
not the right path. I would hope you would have the political courage
to say so, and I would hope you would have the will to vote ``no,'' not
because your political life depends on it, but because America's future
depends on it.
Ms. JOHNSON of Texas. Mr. Speaker, I yield 2 minutes to the
gentlewoman from Massachusetts (Ms. Clark).
Ms. CLARK of Massachusetts. Mr. Speaker, I want to start by thanking
Chairwoman Johnson for all of her leadership and her diligence in
bringing the America COMPETES Act to the floor.
Once again, Democrats are answering the economic challenges we face
with real solutions. What we didn't hear in the last 20 minutes or so
was anything about how this act is going to strengthen our supply
chain, it is going to create American jobs, and it is going to bring
families lower costs and fully stocked shelves. It will improve our
national security and global competitiveness by reducing our reliance
on semiconductor production abroad and supporting innovation and
research right here at home.
What is more, this act not only creates great jobs but invests in our
STEM workforce, helping it to better represent the diversity of our
Nation and create better outcomes for everyone.
With this bill, Americans will feel the benefits of our work in
Washington at the gas pump, the car dealership, and the grocery store.
I am proud to vote ``yes'' for this act that will turbocharge our
economy and national security.
Mr. WALTZ. Mr. Speaker, I yield 2 minutes to the gentlewoman from
North Carolina (Ms. Foxx), the Republican leader of the Education and
Labor Committee.
Ms. FOXX. Mr. Speaker, the Democrats' China bill will weaken the
United States on the world stage. This legislation isn't about
competing with China. This bill is about appeasing China.
This is a bill without teeth, and it does too little to confront the
Chinese Communist Party while simultaneously curbing the success and
opportunities of American job creators and workers. Contrary to my
colleague's statements just now, this bill is not positive for our
workforce.
By further centralizing apprenticeship programs and giving unions
unfair advantage over small businesses, this bill closes pathways to
success for many American workers.
This legislation also fails to curb the CCP's influence at our
universities and workplaces. Where there should be action, Democrats
promote inaction. Where there should be strength, Democrats show
weakness. Where there should be security, Democrats make our country
more vulnerable. This is not the America COMPETES Act. This is the
America concedes act.
Ms. JOHNSON of Texas. Mr. Speaker, I yield 1 minute to the gentleman
from California (Mr. Huffman).
Mr. HUFFMAN. Mr. Speaker, I rise in strong support of this
legislation, particularly the natural resource provisions, much
maligned by the minority Member just now. However, the health of our
ecosystems and the industries that depend on healthy ecosystems are
part of our natural infrastructure. That is part of our
competitiveness, too.
Case in point, seafood supply chains. We know foreign fisheries do
not have the same environmental and labor standards we have here in the
U.S. Illegal, unreported and unregulated fishing, or IUU fishing, is a
scourge. In the United States we intend to do something about it. I am
proud to lead a bipartisan bill with my colleague from Louisiana,
Garret Graves. That bill has been largely incorporated into the America
COMPETES Act. It will help level the playing field for American fishing
industries, and it is part of what will make us more competitive in the
long run.
Mr. Speaker, I want to urge my colleagues to support this important
legislation.
Mr. WALTZ. Mr. Speaker, I yield 3 minutes to the gentleman from
Nebraska (Mr. Smith).
Mr. SMITH of Nebraska. Mr. Speaker, I rise in opposition to H.R.
4521, the so-called America COMPETES Act.
The trade division of this bill falls squarely within the Ways and
Means Committee's jurisdiction, yet the first time we saw these
provisions was last week when bill text was released by House
Democrats. There was no committee process, no interest in putting
together a thoughtfully vetted solution to address China.
In fact, House Democrats wouldn't even bring my TPA amendment to the
floor for a vote, an amendment that reflected years of bipartisan work
and consensus about the importance of a close partnership between
Congress and every President to achieve high-standard, enforceable
trade agreements that open new markets for American goods and services.
Instead, what we have before us today is a bill that fails to address
China and fails American small businesses and consumers with provisions
that would actually discourage work during a workforce shortage by
expanding and delinking Trade Adjustment Assistance from new trade
opportunities.
{time} 1530
It would add more red tape to and narrows eligibility of trade
programs like GSP and MTB that small businesses and manufacturers rely
on to compete in the global marketplace.
It would also exacerbate the supply chain crisis by making unvetted
changes to the de minimis rules. That would also do nothing to address
the administration's minimal effort to compete with China in the Indo-
Pacific and around the world.
Clearly, this bill is more about talking points than actual effective
and proactive policymaking.
President Biden and his party may be content with America sitting on
the sidelines as China and our other competitors set global trade
standards and divvy up the world's consumers, but I am not.
This is a missed opportunity to spur momentum on a proactive trade
agenda, protect American innovation, and alleviate some of the supply
chain and workforce pressures our Nation is facing.
Therefore, I will vote ``no'' on this legislation, and I urge my
colleagues to do the same.
Ms. JOHNSON of Texas. Mr. Speaker, I yield 1 minute to the gentleman
from Virginia (Mr. Scott).
Mr. SCOTT of Virginia. Mr. Speaker, I thank the gentlewoman from
Texas for her hard work on this legislation.
Mr. Speaker, the success and security of America's economy depends on
the
[[Page H813]]
strength of our workforce. That is why the America COMPETES Act
connects students and workers with the skills they need to succeed in
high-tech industries while strengthening our economy's competitiveness
in the years ahead.
The investments in this bill increase equitable access to computer
science education and postsecondary STEM pathways. The legislation also
builds on bipartisan support for apprenticeships by creating nearly 1
million new registered apprenticeship opportunities over the next 5
years.
The America COMPETES Act also includes protection so the jobs created
in this bill will pay a decent wage.
Mr. Speaker, this legislation provides investments that we need to
secure a brighter future for our Nation's workers and our economy. I
urge my colleagues to support this critical legislation.
Mr. WALTZ. Mr. Speaker, I yield 1 minute to the gentlewoman from
Oklahoma (Mrs. Bice).
Mrs. BICE of Oklahoma. Mr. Speaker, I thank my friend from Florida
for yielding. I rise today in strong opposition to the so-called
America COMPETES Act.
This legislation is climate funding disguised as foreign policy, and
it will funnel millions of taxpayer dollars to the Chinese economy.
While I support the CHIPS Act funding in this bill, the overall
package is a disaster.
As a member of the Science, Space, and Technology Committee, we have
advanced bipartisan legislation that increases STEM opportunities and
clean energy research. Instead of passing these bills that strengthen
American competitiveness against China, Democrats have poisoned
bipartisan efforts by including billions in wasteful spending.
Later today, the House will consider my amendment to block the $8
billion for the U.N.'s green climate slush fund until we have insight
into how emission reduction targets are set and their impacts on our
economy.
This type of scientific transparency shouldn't be a partisan issue.
This far-left legislation weakens our stance against China and
threatens our economy and national security.
I urge my colleagues to oppose this misguided and wasteful bill.
Ms. JOHNSON of Texas. Mr. Speaker, I yield 2 minutes to the
gentlewoman from Michigan (Ms. Stevens).
Ms. STEVENS. Mr. Speaker, I rise today in support of this bill. I
rise in support of American supply chains. I rise in support of the
American workforce. I rise in support of advanced manufacturing. I rise
in support of autoworkers who are waiting for those chips.
I thank the incredible chairwoman from the Science, Space, and
Technology Committee, Congresswoman Johnson.
We ask ourselves often as policymakers what the world is going to
look like in 10 years, in 20 years, in 30 years, what we can do today
to ensure that my neighbors in southeastern Michigan are on a strong
path to succeed right here and now for the rest of the 21st century.
The Democrats have come yet again to save the day and get the job done
for our economy.
The America COMPETES Act--this legislation that we are debating today
will answer the big questions. It will secure our competitive edge for
generations to come. It is an investment in our people. And it reflects
on our ability to reach higher, think deeper, and invent solutions to
not only today's problems but tomorrow's challenges as well.
I will always bet on the American workforce. My job in Congress is to
connect people to the tools that unlock our future, and those tools are
in this bill, turbocharging America's leadership in science and
technology, a doubling of scientific investment, and a plan for our
supply chains, including how we address climate change.
It also mends the acute stressors that we are all feeling today. I
was talking to my car dealership just yesterday, and they are scared of
being out of work.
Let's get this done as of today.
Over the past 30 years, the U.S. manufacturing capacity for
semiconductors has collapsed. The crazy thing is that the U.S. led the
world in inventing them.
Let's come together. Let's get this done.
Mr. WALTZ. Mr. Speaker, I yield 1 minute to the gentleman from Iowa
(Mr. Feenstra).
Mr. FEENSTRA. Mr. Speaker, I thank my friend from Florida for
yielding.
China will stop at nothing to try and surpass the United States as
the world's greatest superpower, and we have the tools at our disposal
to counter this growing threat of the Chinese Communist Party. But this
nearly $325 billion bill prioritizes liberal Build Back Better and
Green New Deal provisions over real solutions to compete with China.
Mr. Speaker, $8 billion of the so-called America COMPETES Act funds
the United Nations' green climate slush fund, which destroys American
industry, harms American workers, and prevents us from competing with
China on a level playing field. In fact, the U.N. has awarded $100
million from this fund to China.
The House bill leaves out the critical fact that China is our
greatest political foe.
It also fails to mention the word ``genocide'' anywhere in describing
the CCP's systemic human rights abuses against the ethnic Uyghur
population.
Unfortunately, this bill only compounds the damages from the Biden
administration's $40 billion giveaway in no-strings-attached IMF money
to the CCP last spring. This is wrong.
Ms. JOHNSON of Texas. Mr. Speaker, I yield 2 minutes to the
gentlewoman from California (Ms. Lofgren).
Ms. LOFGREN. Mr. Speaker, I thank Chairwoman Johnson and House
leadership for finding a path forward on this important bill.
I am so pleased to see renewed enthusiasm for Federal scientific
investment under this administration and in this Congress.
The investments contained in the bill could hardly be more urgent.
Over the past few decades, Federal investment in research and
development has flatlined as a share of the overall U.S. economy.
Meanwhile, our global competitors are jump-starting innovation and
economic growth by accelerating investment. Without action, they will
soon outpace us.
America needs to improve the speed and scale of scientific research
while promoting innovative solutions.
This is a matter of national security.
Members of the House Science, Space, and Technology Committee have
worked hard to advance bipartisan innovation bills included in this
package as strong counterparts to the Senate-passed U.S. Innovation and
Competition Act. The proposals offer a strategic and sustainable plan
to grow American science, innovation, and technology to ensure our
investments are aligned with the best interests of our scientific
enterprise and builds on successful prior efforts. It includes
provisions to diversify our workforce.
Additionally, to firmly establish the U.S. as a global leader in
innovation and to compete for generations to come, we must build our
domestic STEM workforce and encourage startup companies to establish
roots here.
While increasing STEM scholarships for U.S. students, the act
simultaneously draws the world's best and brightest STEM doctoral
recipients and company founders to the U.S. It ensures that individuals
who earned STEM doctoral degrees from top research universities will be
eligible for permanent residence.
Unlike Canada, the United Kingdom, and Germany, our laws don't
provide a visa option for company founders to start a new venture and
create jobs in the United States. This act would fix this.
I thank Priscilla Kim on my staff for the hard work she put into
this, and once again, I thank our most wonderful chairwoman, Eddie
Bernice Johnson.
Mr. WALTZ. Mr. Speaker, I yield 4 minutes to the gentleman from the
great State of Texas (Mr. Weber).
Mr. WEBER of Texas. Mr. Speaker, I thank the gentleman for yielding
me time.
Mr. Speaker, when I testified before the Rules Committee yesterday on
behalf of the Science, Space, and Technology Committee Republicans, I
expressed my frustration with the process that got us here. At nearly
3,000 pages, H.R. 4521 is a partisan package tossed together by
Democratic leadership behind closed doors with no Republican input--
probably the only thing they lacked was the cigar smoke.
[[Page H814]]
As I stand before you today, Mr. Speaker, my serious concerns with
the America COMPETES Act have only increased. After a back-room process
last night, 261 out of the over 600 submitted amendments were made in
order, and there seems to be no rhyme or reason why, Mr. Speaker.
That is right. This week, we are going to consider 261 amendments to
a 3,000-page bill. Frankly, the sheer number of the amendments reflects
what happens when rank and file Members on both sides of the aisle are
not given an opportunity to legislate in their respective committees.
This is a stark contrast, Mr. Speaker, to the way we do business on
the Science, Space, and Technology Committee. The fact that there are a
dozen bipartisan Science, Space, and Technology Committee bills mixed
up in this bag of poison pills only adds to the confusion.
On that note, I want to be very clear. Just because this 3,000-page
behemoth has bipartisan bills in it does not mean it is a bipartisan
bill. Those bipartisan bills were hijacked and misused for political
gamesmanship.
The plain truth is that the hundreds of unrelated partisan policies
that were crammed into this bill ruined any chance of bipartisanship.
Mr. Speaker, I am disappointed in this wasted opportunity. We have
had shared momentum to take action on China.
Instead of voting on this partisan catchall bill with more references
to coral reefs than to China, let's focus on what is most important. I
don't know, how about strengthening American competitiveness and
holding China accountable for its actions?
We should get back to prioritizing truly productive legislation--by
that, I mean bipartisan--to increase our international competitiveness
like H.R. 3593, the DOE Science for the Future Act, which passed the
House last summer with 351 votes, I might add.
Mr. Speaker, the stakes are higher than ever, and we cannot afford to
put our national security and prosperity at risk.
Mr. Speaker, it is kind of ironic. The leftists on the other side of
the aisle have ignored the Chinese threat for years, and now they have
suddenly got religion. It is kind of ironic.
Now that I think about it, Mr. Speaker, the America COMPETES Act may
actually be a good title as the so-called America COMPETES Act may
indeed compete as one of the worst bills ever.
For that reason, I urge my colleagues to oppose this legislation.
Ms. JOHNSON of Texas. Mr. Speaker, I yield 1 minute to the gentleman
from New York (Mr. Tonko).
Mr. TONKO. Mr. Speaker, we are in a global economic competition, but
for far too long, we have neglected the research, workforce
development, and manufacturing needs to ensure America is the world's
leader in critical industries of the future.
Take, for example, the United States semiconductor industry, which
has seen its share of chip production drop in recent decades. This bill
would reverse that trend through a $52 billion investment to fund the
CHIPS for America Act, reinvigorating American leadership in the
microchip technology arena.
The America COMPETES Act also includes my Micro Act, which will
complement the provisions in the CHIPS for America Act by accelerating
early-stage microelectronics research to feed into the National
Semiconductor Technology Center and manufacturing facilities funded by
this bill.
New York's Capital Region has been home to trailblazers in the
microelectronics industry for over two decades. I am proud that this
legislation would indeed allow them to continue to innovate and compete
on the global stage.
Chairwoman Johnson has done a tremendous job leading us to this
moment. The work she has done with the Science, Space, and Technology
Committee has ensured this groundbreaking legislation responds to the
needs of the scientific community, industry, and the American people. I
thank her and the committee for their efforts and urge my colleagues to
support the passage of the America COMPETES Act. It sharpens America's
competitive edge.
{time} 1545
Mr. WALTZ. Mr. Speaker, I yield 2 minutes to the gentleman from
Kentucky (Mr. Barr).
Mr. BARR. Mr. Speaker, let's be clear, the so-called America COMPETES
Act, is not about countering the threat from the Chinese Communist
Party. It is a subterfuge intended to conceal what this legislation is
actually about, a repackaged Build Back Better, and the Democrats'
backup plan to push their Green New Deal agenda.
It is $350 billion in deficit spending to pay off the climate
activists and the labor unions that run the Democrat Party. It sends
$10 billion of taxpayer funds to a climate slush fund at the U.N. that
subsidizes solar projects in China that use Uyghur slave labor.
The bill implements a Supply Chain Resiliency Program that gives
preferential treatment to labor unions, a scheme designed more to
maintain resiliency for Democratic Party fundraising than resiliency of
our supply chains. The bill references coral reefs more times than
China and climate change twice as much as national security.
The bill bans overfishing and the sale of shark fins from the
Pacific, but it doesn't put more Virginia-class subs in the Pacific. It
doesn't put more forward class aircraft carriers in the Pacific. It
does nothing to hold the CCP accountable for the origins of COVID at
the Wuhan Institute of Virology. By trying to copy China's Big
Government, central planning, industrial policy, the bill would
actually make the United States less, not more, competitive. We cannot
out-compete China by trying to become more like China.
But most troubling of all and what underscores that this bill is not
a serious effort to confront the very real economic and security
challenges posed by the People's Republic of China, is the fact that
this bill completely disregards the work of the China Task Force, as
well as the work of this, the bipartisan United States-China Economic
and Security Review Commission.
If this bill were serious, it would take into account these
recommendations. It does neither of those things. This was a very
serious effort that this bill completely disregards.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. WALTZ. Mr. Speaker, I yield the gentleman from Kentucky an
additional 1 minute.
Mr. BARR. Mr. Speaker, exhibit A of how unserious this bill is when
it comes to confronting China is how it does nothing to address the key
challenge facing us from China, and that is the unfettered access that
the Chinese Communist Party military and surveillance companies now
have to American capital markets. If we really wanted to confront the
threat from China, we would protect American investors from unwittingly
financing and fueling the rise of China. This bill does nothing to
address that. Right now, American investors are unwittingly fueling the
civil-military fusion of the Chinese Communist Party.
The House should pass a real bill, a bill recommended by this report,
the Chinese Military and Surveillance Company Sanctions Act, that would
actually address Chinese access to American capital markets.
Mr. Speaker, today, I urge my colleagues to reject this subterfuge,
reject this distraction, this bill that they say confronts China but
does nothing of the sort, that actually assists and enables the rise of
China. Let's formulate a real strategy that will position us to take on
the military, economic, and technological threat of the Chinese
Communist Party.
Ms. JOHNSON of Texas. Mr. Speaker, I yield 1 minute to the
gentlewoman from California (Ms. Chu).
Ms. CHU. Madam Speaker, I rise today in strong support of the America
COMPETES Act, which will make historic investments in America and
ensure we remain a global leader in science and technology.
From climate change to cybersecurity, many of the greatest challenges
facing our country can only be met through research and innovation that
will develop new products and create new jobs, but in order to rise to
this moment, we need to turbocharge America's scientific sector. And
that is what this bill would do by investing $52 billion for
semiconductor production here
[[Page H815]]
at home, an investment that will improve the supply chain for almost
every product in our lives.
And it modernizes the National Science Foundation to advance
America's scientific leadership by supporting institutions like
Caltech, based in my district, which is one of NSF's most trusted
partners.
I thank my colleagues today who have modeled responsibility in
debating this bill by focusing on what we gain and not who we should
fear.
Mr. WALTZ. Mr. Speaker, I yield 2 minutes to the gentleman from
Illinois (Mr. LaHood).
Mr. LaHOOD. Mr. Speaker, I thank the gentleman for yielding the time.
Mr. Speaker, I rise today in opposition to the so-called America
COMPETES Act. Instead of following the productive bipartisan efforts
initiated in the Senate, House Democrats have chosen the go-it-alone
approach that fails to meet the urgent needs to strengthen U.S.
competitiveness and protect our national security as it relates to
China.
On the Committee on Ways and Means, I have worked across the aisle on
China policy with my Democrat colleagues, including trade priorities to
bring manufacturing back to the United States, to hold China to their
trade commitments, and to prioritize digital trade agreements with
like-minded allies to combat China's abusive digital standards.
Yet here we are today. Democrats are pushing partisan legislation
stocked with more D.C. control over our economy that fails to address
the critical trade initiatives to put American workers and businesses
first and to counter the market distorting and dangerous economic
practices of China.
As a member of the Intelligence Committee and the China Task Force,
and the co-chair of the bipartisan U.S.-China Working Group, I
understand the unique and urgent action required to strengthen American
competitiveness and combat growing challenges from China. It is
disappointing that House Democrats are again ignoring this opportunity
to work together with Republicans as they did in the Senate,
Republicans and Democrats together, to put forth a commonsense bill.
Where is that bill? It is not here.
We need to address the real challenges presented by China, and
instead, we are cynically pushing forward unrelated liberal agenda
items.
Vote ``no.''
Ms. JOHNSON of Texas. Mr. Speaker, I yield 2 minutes to the
gentlewoman from Oregon (Ms. Bonamici).
Ms. BONAMICI. Mr. Speaker, I rise in strong support of the America
COMPETES Act.
Our country is home to some of the most cutting edge research,
innovative discoveries, and unparalleled national laboratories in the
world.
Unfortunately, in some ways, we have fallen behind competitors during
the past several decades, but with this legislation, we will strengthen
our enterprise, bolster research and development, grow our domestic
semiconductor manufacturing base, and make sure critical supply chains
are based in the U.S.
This legislation includes a provision similar to my Regional Clean
Energy Innovation Act to help cutting-edge technologies achieve
commercialization by leveraging regional clean energy capabilities and
markets.
As co-chair of the House Apprenticeship Caucus, I am thrilled that
the America COMPETES Act includes not only the National Apprenticeship
Act but also my PARTNERS Act, which will promote workforce training and
help more people access good-paying jobs.
I am very grateful to Chair Johnson for her leadership on this bill
and for Chair McGovern for making in order six of my amendments. If
incorporated, they will help address climate change, improve workforce
development, and enhance STEM education. In particular, the Blue Carbon
for our Planet Act, BLUE GLOBE Act, and COAST Research Act will
strengthen coastal acidification research and monitoring, expand
efforts to map and conserve blue carbon ecosystems, and enhance ocean
data collection.
And my bipartisan BUILDS Act, which provides grants for
infrastructure industry partnerships, will play a pivotal role in
helping workers get the skills they need to fill the jobs created by
the bipartisan infrastructure law.
And my amendment with Mr. Langevin to enhance NSF's Mathematics and
Science Education Partnership program will support innovative research
and provide professional development for educators on how to boost
creativity in STEM by integrating the arts.
The America COMPETES Act will reinvigorate America's research
enterprise and restore its competitive edge. I strongly urge my
colleagues to support this important bill.
Mr. Speaker, I thank Chairwoman Johnson for yielding me the time.
Mr. WALTZ. Mr. Speaker, I yield 2 minutes to the gentleman from Ohio
(Mr. Chabot).
Mr. CHABOT. Mr. Speaker, I thank the gentleman for yielding.
Mr. Speaker, as ranking member of the Asia-Pacific Subcommittee,
which has jurisdiction over China, I rise today in strong opposition to
the America COMPETES Act, which should really be called the America
concedes act.
After decades of inaction, it is high time we reevaluate our basic
approach towards engagement with China. On every front, the Chinese
Communist Party is aggressively challenging the free world and the
premise that open societies, free markets, and the rule of law
logically result in a prosperous and equitable civilization.
The CCP's ambitions have thrust us into a new Cold War that we did
not start, and we do not want but which we must win. Because if we
fail, the Chinese Communist Party will replace the post-World War II
order with one that revolves around Beijing. This moment calls for bold
policies to ensure that we win this struggle.
On this score, today's legislation is woefully deficient. It is
stuffed full of irrelevant provisions. The Committee on Foreign
Affairs' section of the bill is a prime example. It fails to take
advantage of serious tools, like export controls and security
assistance, and instead, spends twice as much money on climate policy
as it does on China-related matters.
Democratic leadership has refused to even allow debate on Ranking
Member McCaul's serious amendment or in the package that I offered that
includes 13 tough, relevant proposals crafted by subcommittee
Republicans. We must take the Chinese Communist Party's threat
seriously. If we don't, we are going to see China continuing to eat our
lunch and steal our jobs.
This Democratic effort was an opportunity for bipartisanship and
actually doing something that mattered. They blew it, let's face it.
And that is most unfortunate.
Therefore, I have to encourage my colleagues to oppose their
misguided legislation today.
Ms. JOHNSON of Texas. Mr. Speaker, I yield 1 minute to the
gentlewoman from Michigan (Mrs. Lawrence).
Mrs. LAWRENCE. Mr. Speaker, I rise today in strong support of the
America COMPETES Act.
I am proud to represent the Big Three automakers State and a district
where GM is headquartered. I know how important it is to fix our supply
chain. Semiconductors power our economy--everything from smart phones
to computers to cars. We have to start making them here in America.
This legislation will make sure of that while increasing American
innovation, manufacturing, and R&D. And I am proud to offer two
amendments to ensure that our efforts in the America COMPETES Act is
centered around equality so that all Americans will benefit from the
significant R&D investment of our critical goods while creating good
jobs.
Let's get this done so we can ensure that our economy is secure and
strengthen our global competitiveness.
Mr. WALTZ. Mr. Speaker, I yield 5 minutes to the gentleman from
Arkansas (Mr. Westerman), the Republican leader of the Committee on
Natural Resources.
Mr. WESTERMAN. Today, I think about when my four children were young.
They are stair-stepped 2 years apart. They used to have competitions in
the backyard. They would race from the patio to the elm tree and back.
And I would stagger the starting time: Let the youngest one go first,
then the next to the youngest, and so on. And by the time they touched
the tree and came back, it turned into a real competition--a photo
finish a lot of times.
[[Page H816]]
Mr. Speaker, we have all competed in games whose outcome has little
significance in life, but we are not facing an insignificant
competition in our future. We are in a race of ideologies. The stakes
are as high as they can be. We are literally in a struggle for the
future of western civilization, of democracy, of representative
government, of human rights, and freedom.
Mr. Speaker, this isn't a matter of competing. It is a must-win
scenario. And quite frankly, I am aghast that this majority thinks that
we only need to compete. Losing is not an option. Our attitude must be
to win. If we lose, humanity loses.
{time} 1600
I believe freedom-loving Republicans, Democrats, Independents, and
people all across the world want America to win. I am disappointed that
the Speaker and this majority, once again, dropped a massive bill that
could and should be bipartisan, but instead is a cloak for failed Build
Back Better policies that lie dead in the Senate.
Mr. Speaker, ``You and I have a rendezvous with destiny. We will
preserve for our children this, the last best hope of man on Earth, or
we will sentence them to take the first step into a thousand years of
darkness. If we fail, at least let our children and our children's
children say of us we justified our brief moment here. We did all that
could be done.''
Those familiar words were from Ronald Reagan in the 1960s, but they
have never been more true than today.
How serious are the issues that we face? Take a look at these charts
from the economist. This first one is in 2000. The blue is the U.S. and
its trading partners. The red is China and its trading partners. Look
what has happened in a short 20-year span as we look at this same map
from 2022. We see a massive increase in red on this map and a massive
decrease of blue on this map.
What do provisions in this bill from the blue New Deal have to do
with us winning against China? It does the exact opposite by killing
American jobs. Restoring coral reefs off our coast is a commendable
goal, but what does spending $292 million on coral reef restoration
have to do with us winning against China?
This bill gives supreme, unilateral authority to the Fish and
Wildlife Service to determine what species can be imported into the
U.S. This so-called ``white list'' mandated in the bill is virtually
impossible to implement and will effectively shut down aquaculture and
similar industries who need trade to conduct business.
The weaponization of the Lacey Act will only empower bureaucrats and
ignores the current State-based approach on species imports. It is
legislative laziness since there have been no hearings or an introduced
bill on this topic. What in the world does that have to do with winning
against China?
The bill requires biased studies and new heavy-handed regulations
designed to kill American mineral development.
Mr. Speaker, how can this majority propose this bill while the
Democratic administration continues to illustrate incompetency by
killing American energy and jobs, and even pulling mining leases in
Minnesota that could create jobs and supply resources for the very
policies on electrification the administration supports? This only
shifts wealth and jobs to China. How does that help us win?
It reminds me of my kids' races, where the majority is trying to
handicap America and give China a head start. What we should be doing
to have a winning strategy--we should be working together on real
issues to ensure that America wins. We should be strengthening
diplomacy and trade with our allies and create a solid Western
Hemisphere alliance to ensure that America wins.
We should be developing our resources and jobs to help America win.
We should be part of the solution and not the problem. Americans and
freedom will win if we let them.
As I close, I want to remind you of a fable by Aesop, the Eagle and
the Arrow. The Eagle was struck by an arrow and as he lie on the ground
he looked back at it, and he said: Alas, I have been wounded by an
arrow that was feathered with my own plume.
Mr. Speaker, we cannot afford to put more plumes on China's arrows. I
oppose this bill.
Ms. JOHNSON of Texas. Mr. Speaker, I yield 3 minutes to the
distinguished gentleman from Massachusetts (Mr. Neal).
Mr. NEAL. Mr. Speaker, I rise in strong support of the America
COMPETES Act. This legislation will transport our Nation into the
future, it will strengthen supply chains, advance manufacturing, and
create millions of jobs. Ways and Means members assertively made their
contributions to this package, including a strong provision for Trade
Adjustment Assistance.
To the previous speaker, I know he was sincere in what he said. There
will be a final package, it will be bicameral in nature, bipartisan in
nature, it is just too important to get done. The rhythms of
legislative life will dictate that outcome. This is a full effort of
the House, and to say that there are no provisions in here that
Republicans will favor is simply untrue.
The Trade Subcommittee chairman, Earl Blumenauer, has been a very
important leader in developing this legislation, along with our
colleague, Tim Ryan, who has not stopped telling me of just how
important this is to Ohio to fund the Nation's newest semiconductor
factory. This is a good, bold proposal.
I am going to remain standing Madam Speaker, so that I might yield
the balance of my time to the Trade Subcommittee chair, Mr. Blumenauer.
Mr. BLUMENAUER. Will the gentleman yield?
Mr. NEAL. I yield to the gentleman from Oregon.
Mr. BLUMENAUER. Mr. Speaker, a careful examination of this bill shows
many bipartisan proposals. One area of bipartisan agreement is that for
too long America has been too weak in its engagement with China.
The Chinese Government is strengthening its economic power while
doubling down on religious persecution and forced labor. Those
practices undercut the competitiveness of American workers and
business. Congress must step up and confront China head on--our trade
title does just that.
Those damaged by trade, whether workers, business, or farmers will
benefit from a dramatically improved trade adjustment assistance
program, which expired in June and completely phases out in July. Our
provisions modernizing and reauthorizing GSP and MTB will improve
American competitiveness and labor standards around the globe.
And we get tough on China by closing the de minimus loophole that
allows $800 per day per person for products undoubtedly, including
forced labor, intellectual property theft, and illegal goods. China
doesn't give us reciprocity on de minimus--their threshold is less than
$8. They are not about to subject their companies to duty-free,
unregulated American competition.
Allowing items like air conditioners, microwaves, and suitcases under
MTB doesn't help American manufacturing, it undercuts it and directly
undermines Congress' goal of rebuilding domestic capacity.
Our changes restore the programs back to their original intent of
supporting American workers and domestic manufacturing, not
undercutting American suppliers.
At its simplest, this legislation meets workers' needs and bolsters
America's capacity to compete. If you want to support the American
worker and get tough on China, you have a chance to do so with this
bill.
Madam Speaker, I urge everyone to vote in the affirmative.
Mr. WALTZ. Madam Speaker, I yield 1 minute to the gentleman from
Pennsylvania (Mr. Meuser).
Mr. MEUSER. Madam Speaker, I thank my good friend and colleague, the
gentleman from Florida for yielding.
Madam Speaker, we have far too many domestic and international crises
facing us right now to name them here. From the southern border to
Ukraine, Afghanistan to the crime in Philadelphia's streets, soaring
gasoline prices to supply chain bottlenecks.
We have an opportunity here to make the U.S. economy more
competitive--we can do that with the right bill--particularly against
our number one competitor and often adversary, China. Rather than lower
the costs for American large and small businesses, Madam Speaker, and
creating a more competitive business environment, this so-called
America COMPETES Act places burdens on the American economy in the form
of debt and regulations, is filled with special interest
[[Page H817]]
subsidies, nobody can deny that, and has a whopping $325 billion price
tag to go along with our escalating deficit and debt.
Meanwhile, the only part of the $325 billion that I agree with, and I
believe my constituents agree with, would be the CHIPS USA Act and some
of the rural broadband.
The SPEAKER pro tempore (Mrs. Bustos). The time of the gentleman has
expired.
Mr. WALTZ. Madam Speaker, I yield an additional 30 seconds to the
gentleman from Pennsylvania.
Mr. MEUSER. Madam Speaker, this bill really is a plethora of new
government programs that will not advance the U.S. economy.
Madam Speaker, this bill will likely get the vote of China, but would
not get the vote of American small business. The CCP is very serious
about economic growth with little regard for how to get there. We had
better wake up or we will be responsible for letting them.
Ms. JOHNSON of Texas. Madam Speaker, how much time do I have
remaining?
The SPEAKER pro tempore. The gentlewoman from Texas has 33 minutes
remaining.
Ms. JOHNSON of Texas. Madam Speaker, I yield 1 minute to the
gentlewoman from Pennsylvania (Ms. Wild).
Ms. WILD. Madam Speaker, I am proud to rise in support of the America
COMPETES Act. This legislation incorporates two bills that my office
introduced: The Supply Chain Security and Resilience Act and the
Regional Innovation Act.
At a time when the need to finally secure our supply chains and
rebuild a Made in America economy could not be clearer, my provisions
of the bill from the Supply Chain Security and Resilience Act will put
us on the path to doing just that.
By creating a new office within the Commerce Department to promote
U.S. leadership of critical industries and supply chains that are
essential to our national and economic security, we will join
businesses and government in common, national effort.
The Regional Innovation Act would establish a Regional Technology and
Innovation Hub program at the Department of Commerce to support
regional economic development and innovation hubs nationwide. We can
ensure that workers and businesses from all corners of our country, not
just the coasts, benefit from investment.
My community, Pennsylvania's Greater Lehigh Valley, is full of
workers and businesses who have the vision, the talent, and the grit to
reach global economic heights. They deserve the exposure to get their
products to market. Our country has extraordinary promise. Let's pass
this bill.
Mr. WALTZ. Madam Speaker, I yield 1 minute to the gentleman from
North Carolina (Mr. Murphy).
Mr. MURPHY of North Carolina. Madam Speaker, this so-called
competition bill proves just how feckless Democrats are about
confronting our biggest adversary, the Chinese Communist Party. Why is
this President so afraid to call out China? They are our greatest
generational threat to democracy, human rights, and the American way of
life. China will stop at nothing until they have world domination.
Confronting Communist China should be a clear bipartisan priority. As
Secretary Pompeo recently said, the Chinese have infiltrated our
schools, businesses, and politics, and will stop at nothing until they
have world domination.
We should be coming together on a strong consensus framework that
holds China accountable and strengthens our national security. Instead,
Speaker Pelosi offers more poison pills that will be dead on arrival in
the Senate. Let us stop the nonsensical leftist Progressive messaging
and be serious about our jobs.
Democrats have steamrolled Congress with yet another multi-billion
dollar package, thousands of pages long, without proper analysis. Our
Nation now hits a $30 trillion debt mark this week.
Madam Speaker, I refuse to support another package that sends hard-
earned taxpayer dollars to the Chinese Communist Party. Please, I urge
my colleagues to vote ``no'' on the America concedes to China act.
Ms. JOHNSON of Texas. Madam Speaker, I yield 1 minute to the
gentleman from Michigan (Mr. Kildee).
Mr. KILDEE. Madam Speaker, I rise in support of the America COMPETES
Act. With this legislation we have an opportunity to strengthen
domestic supply chains, invest in American manufacturing, and to lower
costs for families, for small businesses, and seniors.
This pandemic has exposed deep weaknesses in our supply chains that
have increasingly relied on foreign manufacturing, instead of making
goods right here in America with American workers. This bill will help
fix our broken supply chains so that we can build more critical
components here in America, not overseas in China where government
exploits its own people.
For Michigan's auto workers, this includes addressing the
semiconductor chips shortage, which has shuttered auto plants and
forced thousands of auto workers to temporarily be laid off. This bill
will invest billions to bring chip manufacturing back to the United
States.
Also, this legislation includes my legislation to create a new Trade
Adjustment Assistance for Communities program, and it will help many
older industrial communities that have been negatively impacted by
trade communities like Flint, Saginaw, and Bay City. TAA for
Communities will address the needs in these places and develop local
economic development strategies.
Madam Speaker, I urge my colleagues to support this legislation.
Mr. WALTZ. Madam Speaker, I yield 1 minute to the gentlewoman from
Georgia (Mrs. Greene).
Mrs. GREENE of Georgia. Madam Speaker, I rise in opposition to
another bill that puts China first and America last. Instead of
focusing on a bill that is almost 3,000 pages worth $325 billion in
spending, estimated, that doesn't really help America. It is going to
give $8 billion to the UN Climate Fund and mentions coral reefs 383
times.
What Congress should be doing is working on a budget that will fund
our government, since we are running out of money in just a few weeks.
What Congress should be doing is doing something about the fentanyl
that is coming from China that is killing young people. It is now the
number one cause of death in Americans from 18 to 45, not COVID-19.
{time} 1615
What Congress should be doing is funding a wall, building a wall,
protecting our border, and deporting illegal aliens who are stealing
American jobs. That is what we should be doing to help the American
worker. But instead, we are debating a bill that is going to fund
climate change and the Green New Deal and help the coral reefs. This
isn't what Americans care about.
We all should be voting ``no'' and doing a better job.
Ms. JOHNSON of Texas. Madam Speaker, I yield 1 minute to the
gentlewoman from New Mexico (Ms. Leger Fernandez).
Ms. LEGER FERNANDEZ. Madam Speaker, with the America COMPETES Act, we
will invent it in America; we will build it in America; and we will
create American jobs.
Importantly, the America COMPETES Act gives us the opportunity to
discover, develop, and make what we need everywhere in America. That is
why I introduced, and I urge my colleagues to support, four amendments
that could expand jobs to rural, Latino, Native American, and minority
communities. The workers who produce what America needs must look like
America.
The America COMPETES Act could invest billions of dollars to build
chips and conduct research in New Mexico and other rural communities
facing economic despair. With my amendments, this bill can create jobs
for that beautifully diverse workforce that powers our Nation as we
transition to clean energy.
Energy workers deserve economic opportunity in a changing world.
Let's ensure we have innovation, training, and jobs for American
workers everywhere as we power a prosperous future.
Mr. WALTZ. Madam Speaker, I yield 1 minute to the gentlewoman from
Missouri (Mrs. Hartzler).
Mrs. HARTZLER. Madam Speaker, I rise in opposition to the so-called
America COMPETES Act.
Let's be clear: China is one of the largest national security threats
our
[[Page H818]]
Nation faces. Addressing this threat will require a whole-of-nation
approach with policies to enable the United States to not only compete
but to beat China.
This legislation fails to achieve that goal. Unfortunately, the
Democrats have, once again, rushed through a massive package riddled
with partisan and unvetted policies that enrich China rather than
constrain them.
Amazingly, the Democrats blocked consideration of all of my
commonsense amendments, which would have prevented known Chinese spies
from entering our Nation, stopped CCP officials from taking advantage
of our higher education system, and sanctioned those responsible for
forced abortions and forced sterilizations of Uyghur women.
If Democrats were serious about protecting America, they should have
welcomed these commonsense measures.
This legislation fails to address the threat of China.
Madam Speaker, I urge my colleagues to oppose this legislation and
instead work on legislation that will actually empower the United
States to beat China.
Ms. JOHNSON of Texas. Madam Speaker, I yield 1 minute to the
gentleman from North Carolina (Mr. Price).
Mr. PRICE of North Carolina. Madam Speaker, I rise in strong support
of the America COMPETES Act, in particular the inclusion of legislation
to reauthorize title VI of the Higher Education Act sponsored by myself
and Representative Young of Alaska.
This will help our Nation develop a strong foundation in
international education, research, and world language studies,
especially in languages that hold special strategic interests.
The bipartisan, bicameral bill will increase and expand these
programs incorporating some 200 languages and also build international
capacity at minority-serving institutions.
In addition, the America COMPETES Act enhances the Advanced
Technological Education Program at the National Science Foundation,
doubling the authorization for a program that I helped initiate which
strengthens high-tech worker training through community and technical
colleges. It incentivizes critical partnerships between businesses and
schools to meet local workforce needs.
Madam Speaker, I urge adoption of the America COMPETES Act to better
equip our citizens to succeed in an increasingly interconnected world.
Mr. WALTZ. Madam Speaker, I yield 1 minute to the gentleman from
Texas (Mr. Arrington).
Mr. ARRINGTON. Madam Speaker, unfortunately and sadly enough, this is
a repeat of the political ruse where you wrap a flag and give a great
name to legislation. The reality is it has very little to do with the
threats China poses to the United States and the world.
There is plenty of common ground we could find to work on that big
challenge, a huge threat. Instead, this is a misleading piece of
legislation.
It is another legislative wagonloaded with the same tired, old,
progressive policies: union giveaways; green energy subsidies; and
unhinged--in my opinion--social policies and experimentation, like
training our Armed Forces not to fight and win wars but to combat
climate change and naming a chief diversity officer. That should make
us safer and all sleep better at night with respect to China.
The Democratic Party, Madam Speaker, has been hijacked by the left,
and they are willing to sacrifice America's prosperity, our security,
and our global leadership on climate apocalypse now. I don't get it.
Ms. JOHNSON of Texas. Madam Speaker, I yield 1 minute to the
gentlewoman from Alabama (Ms. Sewell).
Ms. SEWELL. Madam Speaker, I rise today in strong support of the
America COMPETES Act.
I am especially proud that my legislation, H.R. 6121, the Leveling
the Playing Field Act 2.0, was included in this bill. This bipartisan
legislation sponsored by myself and my Republican colleague, Bill
Johnson, will modernize our outdated trade remedy laws to push back
against many of China's most aggressive anti-free market practices.
For years, a number of American industries have faced repeated dumped
and subsidized imports into the U.S. market. In 2000, China produced
about 18 percent of the world's steel. Today, it produces roughly 50
percent.
This overcapacity has undermined U.S. steel manufacturing and has put
our steelworkers and steel manufacturers like those in my district,
U.S. Steel and Nucor, at a big disadvantage.
At the end of the day, this bill will promote global competitiveness.
When America competes fairly, America's workers win, and America's
businesses win.
Mr. WALTZ. Madam Speaker, I yield 1 minute to the gentleman from
Wisconsin (Mr. Tiffany).
Mr. TIFFANY. Madam Speaker, there has been a lot of rhetoric today
about creating American jobs and having American businesses thrive.
Let's read something that was slipped into this bill, a prohibition: No
person may possess, acquire, receive, transport, offer for sale, sell,
or purchase any American mink.
What a sneak attack on people who create jobs and create goods for
America. These people are good stewards, good stewards of the land, and
they are also terrific at animal husbandry.
This is a sneak attack on them, trying to drive them out of business.
There is one question here: When is the hostility to the producers of
America--the people who grow our food, clothe our people, and produce
our energy--going to end by the other side of the aisle?
Ms. JOHNSON of Texas. Madam Speaker, I yield 1 minute to the
gentlewoman from Michigan (Mrs. Dingell).
Mrs. DINGELL. Madam Speaker, I rise today in strong support of H.R.
4521, the America COMPETES Act.
We stand at a defining moment for the future of American
manufacturing and our global competitiveness. If we fail to act, we put
both our economic security and our national security at risk.
This bold, comprehensive package, which includes several of my
bipartisan bills, will create good-paying American jobs through
investments to boost American manufacturing, bring our supply chain
home, and keep America at the forefront of innovation and technology.
The bill includes $52 billion in funding, including $2 billion for
legacy automotive chips, to address the semiconductor chip shortage
that has crippled the auto industry and shut down plants in my
district. It invests in domestic production of critical medicines and
PPE and meaningfully addresses rising prices for everyday goods.
In Michigan and across the Nation, too many Americans have been
impacted and are counting on our fixing this. By passing the America
COMPETES Act, we will solidify our future leadership around the globe
and strengthen our workforce here at home.
Madam Speaker, I urge all of my colleagues to support this bill.
Mr. WALTZ. Madam Speaker, I yield 1 minute to the gentlewoman from
West Virginia (Mrs. Miller).
Mrs. MILLER of West Virginia. Madam Speaker, President Biden's trade
moratorium undermines U.S. leadership and hands all adversaries a
dangerous opportunity to get ahead.
China is seizing this moment to advance in the Indo-Pacific. This is
why I join with my colleague, Darin LaHood, to introduce the U.S. Trade
Leadership in the Indo-Pacific and China Act. Our bill would require
President Biden to act and report on a trade strategy in the Indo-
Pacific and with China.
Once again, Democrats didn't allow any bipartisan input in their
legislation. There has been zero guidance by President Biden on a trade
plan with China. Instead, we continue on a useless wait-and-see
approach.
The competition between the U.S. and China demands strong leadership.
Democrats must wake up to this reality and take decisive action.
Madam Speaker, I urge my colleagues to support our bill to ensure
America's lasting trade leadership.
Ms. JOHNSON of Texas. Madam Speaker, I yield 3 minutes to the
gentleman from New York (Mr. Meeks), who is the chair of the Foreign
Affairs Committee.
Mr. MEEKS. Madam Speaker, I rise today in strong support of this
bill.
We find ourselves in a strategic competition with an increasingly
assertive People's Republic of China. The PRC is
[[Page H819]]
trying to manipulate and alter the economic, political, and security
underpinnings of the American-led, rules-based international order, an
order that has brokered decades of peace, prosperity, and stability for
many.
As it has grown in wealth and power, we have seen the PRC bend
international rules and laws to meet its interests, bully nations over
maritime and border disputes, and grow more closed and authoritarian at
home.
Today, the PRC is systematically leveraging its growing military,
economic, and technological heft to compete with us globally. And that
is happening whether we like it or not.
We must reckon with this stark, new reality by positioning America to
win this competition, and H.R. 4521, the America COMPETES Act, does
just that. It powers the engine of the American economy through
investments in science, innovation, and technology. It raises the flag
of American diplomacy and leadership to reassure the world that America
is indeed back at the table, ready to counter China's efforts to
manipulate the international system and to strengthen our allies and
partnerships.
Centering diplomacy and bolstering America's global leadership and
engagement are the themes of my bill, the EAGLE Act, which serves as
the foreign affairs division of the America COMPETES Act.
The EAGLE Act bolsters our diplomacy bilaterally, at regional
organizations, and through groupings like the Quad to ensure that we
bring our partners and allies with us to prevent the PRC from
undermining global rules. It demonstrates that America is capable and
willing to tackle the world's biggest problems and marshal a response
to shared challenges like the current pandemic. And it ensures that the
United States will lead with its values and stand up for international
law and human rights.
In many respects, this legislation goes further than the Senate's
competition bill in terms of responding to the People's Republic of
China's human rights abuses. In addition to sanctions related to the
genocide in Xinjiang, the EAGLE Act contains refugee protections for
Uyghurs and Hong Kongers and also calls for a special envoy for
Xinjiang.
I can say with absolute confidence that when it comes to standing up
for our values, the America COMPETES Act is bold and principled.
Madam Speaker, I support this historic bill, and I urge my fellow
colleagues to do just the same.
{time} 1630
Mr. WALTZ. Madam Speaker, I yield the balance of my time to the
gentleman from Texas (Mr. Babin) to control the remaining time.
The SPEAKER pro tempore. The gentleman from Texas will control the
time.
Mr. BABIN. Madam Speaker, I yield 2 minutes to the gentleman from
Utah (Mr. Moore).
Mr. MOORE of Utah. Madam Speaker, I rise today in opposition to H.R.
4521. I won't let my constituents be fooled by an attempt here to
recycle priorities from President Biden's failed Build Back Better
plan.
While this bill plays a role in formalizing a necessary discussion--
and again, you will hear from my comments that there is large
bipartisan support on what we need to do here to address the effects of
a great power competition on the American economy--this is a
superficial partisan effort that will not properly confront China and
will only make inflation worse for American families.
This pandemic dashed any illusion that the Chinese Communist Party
can be a trusted partner for American business, or they will take any
accountability when their recklessness results in devastating supply
chain disruptions.
Enhancements to domestic manufacturing that support American workers
and increase global competitiveness are long overdue but, sadly, it
will continue to go unaddressed by this bill because, simply, this
legislation does not require these organizations to reexamine their
relationship with the CCP.
In addition, it is another attempt to create a big, large piece of
legislation where you can add in a whole bunch of climate change
priorities. And the American people--and as I talk to my constituents,
they want us to address the issue at hand, not just lump a bunch of
things in together. And, again, that is what we are doing here by
making it a China bill.
There is an appetite and desire among many of my colleagues to send a
clear message to the Communist Party in Beijing. My constituents want a
China bill that confronts intellectual property theft, the genocide of
religious minorities, CCP influence in civil society, the antagonism of
our allies, and a bill that finally holds the CCP accountable for their
covering up of COVID-19.
Despite the grave threat our Nation faces from the CCP, American
ascendancy can be maintained only if we remain the preferred partner
across the world and the primary destination for innovators and job
creators.
Congress can and must do better. Let's get back to work.
Ms. JOHNSON of Texas. Madam Speaker, I yield 1 minute to the
gentleman from Illinois (Mr. Casten).
Mr. CASTEN. Madam Speaker, I rise today in support of the America
COMPETES Act. And I am particularly proud of the House science
legislation in this bill designed to ensure that the Department of
Energy Office of Science, the National Science Foundation, and NIST are
well-equipped to succeed in the 21st century.
It also invests in a STEM workforce for the future to ensure we have
the talents to bring all these semiconductor, climate and manufacturing
jobs back home where they belong.
And if I could just share a personal story. About 13 years ago, I was
building a tree house in my backyard, and as I was starting, this 6-
year-old neighborhood kid shows up behind me with a cute little hard
hat and a tool belt and said, ``I'm here to help.'' And my 2009 summer
intern, as it were, is now a sophomore at the University of Illinois
studying nuclear engineering.
His opportunity was made possible, in part, by investments that were
made decades ago in nuclear technology in a test reactor on that
University of Illinois campus. That reactor has now hit the end of its
life. It has been shut down, and there are few other States that have
those kinds of opportunities.
That is why I look forward to the consideration of my National
Nuclear University Research Infrastructure Reinvestment Act, in America
COMPETES, with Congressman Foster, Congressman Gonzalez, and
Congressman Meijer, that will enhance the research capabilities of
nuclear science and engineering programs, meet the workforce needs of
the U.S. nuclear industry, and accelerate the deployment of advanced
nuclear technologies in Illinois and across the country.
I hope my colleagues will join me in supporting this bill as we
develop new generations of advanced nuclear energy at our Nation's
universities.
Mr. BABIN. Madam Speaker, I yield 2 minutes to the gentlewoman from
Florida (Mrs. Cammack).
Mrs. CAMMACK. Madam Speaker, I rise in strong opposition to this bill
which could be more appropriately named the America concedes act. Heck,
we could go so far as to say that this is the American corruption act.
This bill has nothing to do with countering China or holding them
accountable. It is 2,900--2,900 pages. Have any of my colleagues
supporting this bill actually read the bill? I would venture no. I
would say no, they probably haven't because if they had, they would
know what was in it, and they would recognize that it is selling us out
to China.
I, however, have read this bill. I have spent the last couple of days
poring through the language and have found egregious provision after
egregious provision. And, quite frankly, it is infuriating.
Just one example is the fact that under section 61008, COVID pandemic
measures could be extended until December 31, 2025. What better way to
make Americans dependent upon China for critical supplies like PPE than
to mandate that we get it from them, and make sure that COVID
provisions stay in place?
Another example is the $8 billion, with a B, authorization for the
Green Climate Fund, which was conceived as a tool for incentivizing
developing countries to participate in the Paris climate agreement. In
practice, this
[[Page H820]]
U.N. fund has done nothing more but distort global energy markets, and
even encourages corruption.
I have an amendment to this bill that would strike the funding, and I
urge my colleagues to support that amendment.
However, we know that this is more about politics than it is about
good policy, so I am not particularly optimistic. However, I still
would encourage my colleagues to support that amendment.
Madam Speaker, this bill is misguided. We should stand as Americans
and counter China and its rise. Support true American innovation.
I encourage my colleagues to oppose this bill. It is dangerous and
misguided.
Ms. JOHNSON of Texas. Madam Speaker, I yield 1 minute to the
gentlewoman from Georgia (Ms. Bourdeaux).
Ms. BOURDEAUX. Madam Speaker, I rise in strong support of the America
COMPETES Act, a bill that would bolster American leadership in critical
economic sectors for decades to come.
In addition to necessary provisions to spur American production of
semiconductors, the America COMPETES Act would take action to address
supply chain disruptions and shortages.
My bill, the Supply CHAIN Act, is included in this package and would
ensure the newly created Office of Supply Chain Resiliency and Crisis
Response at the Department of Commerce has the tools it needs to map
and monitor critical supply chains, as well as prepare for and respond
to supply chain shocks and disruptions.
I have heard from families and small businesses and manufacturers in
Georgia's Seventh District of the challenges presented by supply chain
disruptions, especially amidst the pandemic.
This package of supply chain resiliency measures will help us to
identify and mitigate these disruptions moving forward.
In closing, I would like to commend my colleagues for their hard work
in assembling this critical legislation. I urge my colleagues on both
sides of the aisle to support the America COMPETES Act.
Mr. BABIN. Madam Speaker, I yield myself such time as I may consume.
I stand in strong opposition to what should be called the concedes
act. Once again, we are voting on a bill that was forced through this
Chamber in a partisan fashion, and one that lacks the policies needed
to bolster our competitiveness and combat the threats from our foreign
adversaries.
The hard work and the bipartisan collaboration of the Space, Science,
and Technology Committee has, once again, been obliterated so that the
left can pass partisan policies.
Once again, in a sincere and goodwill attempt to work across the
aisle on important policy, I introduced an amendment that would have
reauthorized NASA's enhanced-use leasing program for 1 year, a timeline
supported by both parties. But to no surprise, the Democrats put
messaging over good governance and refused to make that
noncontroversial amendment in order.
And just a few weeks ago, we had a bipartisan EUL bill that had
already passed this House. It was stolen from us, gutted, and turned
into a Federal election takeover bill.
Instead of focusing on commonsense solutions to our China problems,
H.R. 4521 hurts the American people. It lets China off the hook for
failing to contain COVID-19. It fails to ban funding to CCP-tied
organizations. It fails to punish the CCP for its blatant human rights
abuses, and it fails to stop China's theft of America's intellectual
property.
Today, we had another opportunity to pass important legislation to
support American technology and to hold foreign adversaries
accountable. Instead, we are, once again, wasting the American people's
time, and I urge every single one of my colleagues to vote ``no''.
Madam Speaker, I reserve the balance of my time.
Ms. JOHNSON of Texas. Madam Speaker, I yield 1 minute to the
gentleman from Texas (Mr. Green).
Mr. GREEN of Texas. Madam Speaker, I thank the chairwoman, Ms.
Johnson, for the time.
Madam Speaker, Dr. King was eminently correct when he reminded us
that life is an inescapable network of mutuality tied to a single
garment of destiny. What impacts one directly impacts all indirectly.
This became perspicuously clear to us when we had a shortage of PPE
in this country. We have a strategic petroleum stockpile, in the sense
that we have oil, petroleum that is on reserve for emergencies. When we
pass this bill, we will have a strategic medical supply stockpile,
something that is desperately needed; something that this bill will
provide; something that I will vote for, and I encourage my colleagues
to do so as well.
Pass the bill.
Mr. BABIN. Madam Speaker, I reserve the balance of my time.
Ms. JOHNSON of Texas. Madam Speaker, I yield 1 minute to the
gentlewoman from Illinois (Ms. Kelly).
Ms. KELLY of Illinois. Madam Speaker, I want to thank Chairwoman
Eddie Bernice Johnson and her committee for all of their hard work.
Passing the America COMPETES Act will help small businesses and
ensure the U.S. remains a leader in scientific development.
This bill funds STEM programs to develop the next generation of
diverse scientists and inventors and funds the CHIPS Act to bring back
semiconductor manufacturing to U.S. shores.
Companies large and small across industries are confronting new
supply chain challenges. In my district, I have visited companies like
Plochman's. They are doing their best to produce delicious mustards,
despite current production challenges.
The bipartisan Supply CHAIN Act included in this bill will create an
Office of Supply Chain Resiliency and Crisis Response within the
Department of Commerce to monitor supply chains of critical goods and
materials to mitigate future challenges.
I hope my colleagues on both sides of the aisle will support this
bill and bring relief to small businesses across the country.
Mr. BABIN. Madam Speaker, I continue to reserve the balance of my
time.
Ms. JOHNSON of Texas. Madam Speaker, I yield 1 minute to the
gentleman from New Jersey (Mr. Pascrell).
Mr. PASCRELL. Madam Speaker, I thank the chairwoman for bringing this
forward. It is going to affect the weaknesses that we have found in our
trade deal.
So I rise in support of the America COMPETES Act. This includes my
bipartisan, bicameral bill, the National Critical Capabilities Defense
Act. Our bill will strengthen frayed supply chains. It will stop the
bleeding of our industrial might being shipped to foreign adversaries.
The Chinese Communist Party government climbed our back to economic
power. They are abusing that power to commit genocide, crush democratic
norms, and undermine our workers. We must stop our adversaries from
leeching off America's economic might to sow discord.
It is time to enhance supply chain visibility. We must empower trade
that does not undermine American competitors.
I want to thank Representatives DeLauro, Spartz, and Fitzpatrick for
working on this legislation.
Madam Speaker, I include in the Record statements of support for the
bill from the AFL-CIO, the Communications Workers of America, the
United Steelworkers, and the Alliance for American Manufacturing.
AFL-CIO,
January 31, 2022.
Dear Representative: On behalf of the 12.5 million union
members of the AFL-CIO, I write in strong support of the
America COMPETES Act. This comprehensive legislation presents
Congress with a rare opportunity to improve the United
States' competitiveness across a broad cross-section of
industry, science, trade, and technology. We commend the
House Leadership and the committee chairs for putting
together a legislative package that will benefit millions of
working families.
The COMPETES Act includes important provisions that will
help curb China's aggressive non-market trade distortions
that have put downward pressure on U.S. production,
employment and wages. Specifically, the $52 billion in
funding for the CHIPS Act is critical to sustaining U.S.
leadership in semiconductors and addressing the current chip
shortage that continues to adversely impact production in the
automotive sector and elsewhere. In addition, the Research
and Innovation provisions in Division B will strengthen our
nation's technology and innovation infrastructure, bolster
the involvement of workers in our federal research
enterprise, expand STEM education, and protect vital research
and development.
[[Page H821]]
The trade title of COMPETES, Division K, includes
critically important fixes to the trade title that was added
at the last minute to the Senate USICA bill (see attached
Fact Sheet). These include stronger protections for workers
under the Generalized System of Preferences (GSP), and
restrictions in the Miscellaneous Tariff Bill in order to
maintain its historical purpose of exempting components, and
not finished products, for goods to be produced domestically.
The Ways and Means Committee also added provisions that
must be included in any competitiveness package that purports
to challenge China's increasing economic dominance. These
include renewal of robust Trade Adjustment Assistance (TAA);
the Sewell-Johnson Leveling the Playing Field Act 2.0; the
DeLauro-Pascrell-Spartz-Fitzpatrick National Critical
Capabilities Defense Act; and the Blumenauer Import Security
and Fairness Act that would halt China's exploitation of U.S.
de minimis policy. This section also removes harmful language
from the Senate bill that would unnecessarily tie the
administration's hands with regard to China tariffs.
Passage of the House's America COMPETES Act will provide
critical and overdue enhancements to America's global
competitive capabilities, support workers whose jobs are lost
to trade, and protect and expand the tools to fight foreign
unfair trade. The AFL-CIO stands ready to fight for these
priorities, to level the playing field against unfair trade
practices and to improve opportunities for America's hard-
working families. We urge you to support this legislation and
fight for the enactment of its provisions into law.
Sincerely,
William Samuel,
Director, Government Affairs.
Fact Sheet on Trade Provision in COMPETES Act
Trade Adjustment Assistance (TAA). Unfortunately, TAA
reverted at the end of June 2021 to an insufficient program
with limited funding and coverage that does not help workers
whose jobs are outsourced to countries with which the U.S.
does not have a Free Trade Agreement, such as China. Renewing
TAA with robust funding and support is critical to American
workers and families who lose their jobs to trade.
The Sewell-Johnson Level the Playing Field Act 2.0 (similar
legislation was introduced by Senators Brown and Portman in
the Senate) is critically needed to update the rules against
unfair trade. Inclusion will update U.S. trade laws and help
ensure that the unique circumstances relating to economic
recovery from the pandemic do not limit the ability of
workers, farmers, and businesses to address the injury caused
by illegally dumped and subsidized imports.
The National Critical Capabilities Defense Act, a
bipartisan bill introduced by Representatives DeLauro,
Pascrell, Spartz and Fitzpatrick. This companion to Senate
legislation authored by Senators Casey and Cornyn creates a
new review process to protect our supply chains by screening
outbound investment and guarding against offshoring of
critical capabilities to adversaries like China and Russia.
It is a common-sense approach that finally recognizes how
important our supply chains are to our national, health and
economic security. From semiconductors to pharmaceutical
ingredients, it will provide a needed review mechanism to
advance U.S. production and employment. The approach was
recommended as part of the most recent unanimously-approved
report of the bipartisan U.S.-China Economic & Security
Review Commission.
H.R. 3975, the ``Generalized System of Preferences and
Miscellaneous Tariff Bill Modernization Act of 2021.'' This
bill would reauthorize and strengthen the Generalized System
of Preferences (GSP) program. Importantly, the bill would be
the first significant update of the labor eligibility
criteria and enforcement process since 1984, when these
standards were first included.
A Miscellaneous Tariff Bill (MTB) that allows for
exemptions of product components if they are not available in
the United States: but unlike the Senate provisions will not
expand longstanding policy by allowing tariff-free exemptions
for finished products. Historically, the MTB has been drafted
only to allow components into the U.S. tariff-free if they
were unavailable domestically but necessary for the
production of final products manufactured here.
Removal of a Senate provision that would shift more jobs
and production to China and undermine enforcement actions
designed to address that country's predatory and
protectionist practices. The Senate provisions on Section 301
would tie the President's hands in responding to unfair and
illegal foreign trade practices like intellectual property
theft. It puts new, unnecessary burdens on USTR and Customs &
Border Protection. Touted as ``oversight,'' these provisions'
purpose is to roll back China tariffs and would grease the
skids for more imports from China. It should not have been
included in legislation dealing with the competitive
challenges we face from China.
A provision to halt exploitation of ``de minimis.''
Currently, individual shipments into the U.S. are exempt from
duties and tariffs so long as they are valued below the ``de
minimis'' threshold of $800 USD. This threshold is far too
high and has allowed a new model of direct-to-consumer
imports, particularly from China, with significant negative
impact on many U.S. sectors, including textiles and apparel.
By comparison, China's de minimis is under $10 USD. Inclusion
of the Import Security and Fairness Act would prohibit goods
from countries that are both Non-Market Economies (NME) and
on the U.S. Trade Representative's (USTR) Priority Watch List
(e.g. China) from avoiding tariffs and abuse of de minimis.
In addition, ``de minimis'' packages arriving from China are
not screened by CBP and may contain goods made with forced
labor, particularly from the Xinjiang region.
Elimination of troublesome 301 Digital Trade language that
would overwhelmingly benefit large digital corporations
(Google, Facebook/Meta, Uber) at the expense of countries'
right to reasonably regulate global digital platforms.
____
Communications Workers of America, Government Affairs
Department,
Washington, DC, February 1, 2022.
Hon. Richard Neal,
Chair, House Committee on Ways and Means,
Washington, DC.
Hon. Earl Blumenauer,
Chair, House Subcommittee on Trade,
Washington, DC.
Dear Chairman Neal and Subcommittee Chairman Blumenauer: On
behalf of the members and officers of the Communications
Workers of America, I am writing to express my gratitude for
your work in creating a strong and comprehensive trade title
in the America COMPETES Act. Because of your work and the
work of committee and member staff, working families across
the country will have the support and tools to combat unfair
trade practices once this legislation is enacted.
Included in the trade title, Division K, are critically
important fixes to the trade title in the Senate USICA bill.
The House provisions included in the trade title creates a
worker centered trade agenda while also enhancing U.S.
competitiveness. Specifically, the trade title includes:
A renewal of Trade Adjustment Assistance (TAA) with robust
funding and support to help workers whose jobs are
outsourced;
A reauthorization of the Generalized System Preferences
(GSP) with updated labor eligibility criteria and enforcement
process to ensure that workers are protected;
The bipartisan Sewell-Johnson Level the Playing Field Act
2.0, which strengthen U.S. trade remedy laws to protect
American workers and push back against China's egregious
efforts to manipulate the global market;
The bipartisan National Critical Capabilities Defense Act,
which establishes a new review process to protect our supply
chains and guards against the offshoring of critical
capabilities so to ensure that the United States can quickly
detect supply chain vulnerabilities; and
A removal of provisions on Section 301 and 301 Digital
Trade language included in the Senate version of the bill,
ensuring tariff preferences to economically developing
countries uplift workers and countries keep their right to
regulate global digital platforms.
The Ways and Means Committee has created a trade title that
includes proactive trade enforcement and reforms which will
uplift workers and make our supply chains more resilient.
Thank you again for your work to create a comprehensive trade
title that will benefit working families for years to come.
Sincerely,
Dan Mauer,
Director of Government Affairs,
Communications Workers of America (CWA).
____
United Steelworkers,
January 31, 2022.
Re United Steelworkers supports H.R. 4521, the America
COMPETES Act of 2022.
House of Representatives,
Washington, DC.
Dear Representative: On behalf of the United Steel, Paper
and Forestry, Rubber, Manufacturing, Energy, Allied
Industrial and Service Workers International Union (USW), I
write in strong support of the America COMPETES Act of 2022
(H.R. 4521). Passage of this legislation will improve the
country's manufacturing competitiveness, defend American
workers from unfair trade practices, provide them with new
skills, and bolster labor-management cooperation in the
workplace.
The comprehensive work of multiple House Committees has
created a product that will foster leadership in the global
economy, which has seen a rise in state owned enterprises,
dangerously concentrated supply chains, and an over reliance
on the People's Republic of China for critical materials.
H.R. 4521 will bolster U.S. leadership in research,
innovation, and manufacturing by including the following
items.
The Ways and Means Committee pulled together a
comprehensive trade title that sets a path to a worker
centered trade agenda. This includes pro-active trade
enforcement reforms, which USW has supported, by the
inclusion of H.R. 6121--Representative Sewell and Johnson's
trade law update, commonly known as the ``Leveling the
Playing Field Act 2.0''. This legislation will aid domestic
manufacturers and workers in their ability to defend against
illegally dumped and subsidized goods from entering the U.S.
market, and put a better check on China's ``Belt and Road
Initiative''.
The COMPETES Act also improves labor rights accountability
in a reauthorization of
[[Page H822]]
the Generalized System Preference (GSP) program, ensuring
that the tariff preferences we provide to economically
developing countries uplift workers. The legislation also
contains important bills that stops abuse of the United
States' de minimis policy, and better tracks U.S. investment
in China through the bipartisan National Critical
Capabilities Defense Act led by Representatives DeLauro,
Pascrell, Spartz, and Fitzpatrick.
In an increasingly globalized economy, job training for
workers who lost their jobs to overseas competition should be
a priority, and H.R. 4521 improves and upgrades the Trade
Adjustment Assistance program. Without this reauthorization,
workers who lose their job to Chinese competition do not have
access to comprehensive job retraining. The bill also
includes the National Apprenticeship Act of 2022.
The Energy and Commerce Committee's title will provide
significant federal resources to build more resilient supply
chains--incorporation of the bipartisan legislation led by
Representatives Blunt-Rochester, Kinzinger, and Malinowski
will reduce dependence on critical materials from China,
encourage domestic manufacturing expansion with fair
guardrails, and ensure that labor and management cooperate in
the creation of good paying union jobs. When combined with
provisions to increase the domestic solar manufacturing
supply chain, which also has strong labor protection, workers
will be better positioned to benefit from Federal aid to
manufacturers. Improving our domestic supply chain in semi-
conductors is also bolstered through the inclusion of the
CHIPS act.
Bringing labor to the table was also a priority in the
research and innovation title as the National Science
Foundation language in COMPETES will ensure the inclusion of
a worker's perspective through the participation of labor
organizations and workforce training organizations.
Ensuring that the U.S. remains a global competitor as China
continues its rise in the global economy requires labor,
management, and government to work together, uplifting each
other and guaranteeing federal investments are appropriately
deployed. The America COMPETES Act of 2022 does this, and a
vote against this bill is a vote to let our global economic
competitors, like China, win at the expense of America
workers. The USW urges you to support this legislation and
fight for the enactment of its provisions into law.
Sincerely,
Thomas Conway,
International President.
____
Alliance for
American Manufacturing,
Washington, DC, January 31, 2022.
AAM Supports Passage of the America COMPETES Act of 2022
Dear Members of the U.S. House of Representatives: On
behalf of the Alliance for American Manufacturing (AAM)--a
partnership between some of America's leading manufacturers
and the United Steelworkers--I write in support of the
America COMPETES Act of 2022 (H.R. 4521). This bill
represents one of the most comprehensive efforts in recent
years to invest in America's industrial sector, critical
research capacities, and workers while also providing
modernized tools to level the playing field against
competitors engaged in systematic unfair trade practices. If
enacted, these policies will create jobs, strengthen supply
chains, and make our nation more competitive and better-
equipped to respond to current and future challenges.
The last two years have exposed in rather dramatic fashion
that years of flawed tax, trade, procurement, and other
policies have put the United States in a perilous position of
being overly reliant on imports for everything from personal
protective equipment (PPE) to semiconductors. To this day,
the one-two punch of gutted domestic supply chains and a
dangerous reliance on foreign production is still impacting
Americans in countless ways. We must be better prepared for
the next crisis and that requires taking bold action starting
right away.
Critical Supply Chain Resilience Program. The bill
authorizes $45 billion in federal assistance to support
supply chain resilience and manufacturing of critical goods.
At an October 14, 2021, Energy & Commerce subcommittee
hearing, AAM testified in support of this initiative because
it offers the opportunity to create a long-overdue policy
framework for supply chain security, resiliency, and
revitalization. We also cautioned that policy guardrails
should be added to ensure that this assistance can only be
used for U.S.-based investments and should utilize U.S.-
produced construction inputs. While we appreciate that some
of these concerns have already been addressed, more should be
done to ensure that tax dollars are not used to build up
production capacity offshore when domestic investment should
be the clear priority.
AAM supports adoption of the Garamendi (D-CA) amendment to
apply existing domestic content preferences for iron, steel,
manufactured products, and construction materials to federal
assistance projects funded by the Critical Supply Chain
Resilience Program.
Strategic Transformer Reserve and Resilience Program. The
bill authorizes a new program to reduce the vulnerability of
the electric grid by establishing a Strategic Transformer
Reserve. While the provision aims to ``facilitate the
domestic manufacturing'' of transformers and related critical
grid equipment, it would be improved by giving preference to
U.S.-produced components necessary for transformer
production.
AAM supports adoption of the Lamb (D-PA) amendment to add a
domestic content preference for electrical steel used in
transformer components, a critical input that is at risk due
to predatory trade practices by competitors.
Section 301 Policy. AAM applauds the House bill for
discarding the Senate's deeply flawed provision that would
undermine Section 301 tariffs applied to certain imports from
China. USICA--the Senate version of the bill--includes
language mandating that the U.S. Trade Representative (USTR)
reinstate all exemptions and exclusions to the 301 tariffs
through the end of 2022. Doing so would completely take the
fact-based review process out of USTR's hands while giving
Beijing a free pass in legislation intended to counter
China's predatory economic and trade policies.
AAM is opposed to the Murphy (D-FL) amendment to insert the
Senate's flawed anti-Section 301 provision into the House's
bill.
AAM is opposed to the Kind (D-WI)/DelBene (D-WA) amendment
to express the sense of Congress that USTR should expand
Section 301 exclusions, resulting in increased imports from
China.
Import Security and Fairness Act. The bill includes Rep.
Blumenauer's (D-OR) commonsense reforms to U.S. de minimis
policy, which is routinely exploited to evade U.S.
enforcement actions against competitors engaged in systematic
unfair trade. The bill takes aim at the worst offenders,
while also addressing loopholes used by bad actors to avoid
paying taxes, duties and fees. We strongly encourage the
adoption of these reforms while also ensuring that additional
steps are taken to monitor transshipments and increases in de
minimis volume from other countries.
Leveling the Playing Field Act 2.0. The bill includes the
bipartisan, bicameral Sewell (D-AL)/Johnson (R-OH) measure to
modernize our antidumping and countervailing duty (AD/CVD)
trade remedy laws to keep up with unfair trade tactics used
by foreign competition to seize U.S. market share. As we seek
to revitalize our industrial base and grow our economy, these
commonsense updates to our trade enforcement tools will
support domestic manufacturers and American workers facing
predatory and unfair imports.
National Critical Capabilities Defense Act. The bill
includes the bipartisan, bicameral DeLauro (D-CT)/Pascrell
(D-NJ)/Spartz (R-IN)/Fitzpatrick (R-PA) measure to establish
an outbound investment review process designed to avert the
offshoring of production capacity in critical U.S. sectors to
foreign adversaries. By creating additional visibility into
supply chains, this legislation establishes mechanisms to
ensure that our national security is not undermined by the
outsourcing of these ``national critical capabilities.'' The
provision provides necessary tools in the event that a
national security risk is identified.
The America COMPETES Act presents a valuable opportunity to
take concrete steps to strengthen domestic manufacturing,
rebuild critical supply chains, and strengthen the tools
available to counter unfair trade. Thank you for your support
of American manufacturing.
Sincerely,
Scott N. Paul,
President, Alliance for American
Manufacturing.
Mr. BABIN. Madam Speaker, I continue to reserve the balance of my
time.
Ms. JOHNSON of Texas. Madam Speaker, I yield 1 minute to the
gentleman from Indiana (Mr. Mrvan).
Mr. MRVAN. Madam Speaker, I thank Chairwoman Johnson for allowing me
to speak in support of H.R. 5421, the America COMPETES Act of 2022.
Congress must advance this legislation to ensure American technology
and manufacturing has the innovation advantage to continue to grow our
economy, strengthen our national security, and tackle our supply chain
issues.
Indiana's First Congressional District is home to an incredible
manufacturing, steel, and industrial complex, and I want to recognize
my Senate colleague from Indiana, Senator Todd Young, for his
initiative on the Senate companion legislation, the Endless Frontier
Act.
Our Nation has been faced with technology challenges in the past.
Today, we have the opportunity to legislate together, with our
collective interests in mind, to protect our workers and lead the world
in innovation.
Madam Speaker, I thank Chairwoman Johnson for the time, and I
encourage all my House colleagues to support the America COMPETES Act.
{time} 1645
Mr. BABIN. Madam Speaker, I reserve the balance of my time.
Ms. JOHNSON of Texas. Madam Speaker, I yield 1 minute to the
gentlewoman from California (Ms. Eshoo).
[[Page H823]]
Ms. ESHOO. Madam Speaker, I thank the chairwoman who has done so much
extraordinary work in leading the Science Committee and bringing this
forward.
Madam Speaker, I rise with great enthusiasm in support of this
legislation because it is so highly consequential for our country. If
anyone is concerned about supply chains, this legislation is for you.
If we are concerned about inflation as a result of supply chain issues,
we have policies in this that are going to speak to it.
I am very proud that four of my bills are included in the underlying
bill. They deal with chip material and equipment production to the API
that is used for drugs that are manufactured overseas and that we need
to bring back to the United States. We have created a comprehensive
study so that we can really study wireless network cybersecurity and
also to educate the public on best cyber recommendations.
Madam Speaker, I urge all of my colleagues. This is really
nonpartisan legislation. It is about keeping America competitive,
moving our greatness ahead, making sure we address where we are
lagging. It will be good for our entire country, for its workers, and
our economy.
Mr. BABIN. Madam Speaker, I reserve the balance of my time.
Ms. JOHNSON of Texas. Madam Speaker, how much time remains?
The SPEAKER pro tempore. The gentlewoman from Texas has 17 minutes
remaining.
Ms. JOHNSON of Texas. Madam Speaker, I yield 2 minutes to the
gentleman from Georgia (Mr. Johnson).
Mr. JOHNSON of Georgia. Madam Speaker, I have an amendment at the
desk.
The SPEAKER pro tempore. The gentleman is recognized for general
debate.
Mr. JOHNSON of Georgia. Madam Speaker, my amendment would help
strengthen cybersecurity, improve American competitiveness, and
contribute to a more diverse workplace by creating the David Satcher
Cybersecurity Education Grant Program which gives the Commerce
Department's National Institute of Standards and Technology, also known
as NIST, the authority to make grants to historically Black colleges
and universities and also minority-serving institutions and schools
that serve large numbers of Pell Grant receiving students. It would
help these students promote cybersecurity education and research.
Madam Speaker, we must include more women and minorities so we are
maximizing all the tech talent our country has to offer. We are engaged
in a cyber war, and we need all hands on deck. HBCUs are doing some of
the most sophisticated and technologically advanced work in our Nation,
and we should tap into and fully support those institutions to help us
win this cyber war. I urge my colleagues to support my amendment when
it comes up.
I would also recognize the fact that, as I have listened to the
debate today on this very important topic, from my friends on the other
side of the aisle I have heard a lot of Asian bashing. It is quite
dangerous for us to go down that path, stoking the passions of people
against other people. This is not about other people. This is about
what America can do to put itself in a position to protect its supply
chains and to make things in America and restore the greatness that
this country has.
Madam Speaker, I would urge my colleagues on the other side of the
aisle to refrain from the constant bashing of Asian people because it
translates into real time. I mean, it has a real detrimental effect to
our brothers and sisters who may not look like some but they are
people, too. They are Americans as well. So we should not demonize an
entire people just to score cheap political points.
Mr. BABIN. Madam Speaker, I take great offense at what I just heard,
that we are supposedly Asian bashing. Nothing could be further from the
truth. This is typical Democrat accusations, politics, and identity
politics; I should say this. We have never bashed anybody for their
heritage whatsoever. Our argument is totally 100 percent countering the
Chinese Communist Party. It has nothing whatsoever to do with the
heritage of any people whatsoever.
Our greatest adversary in the world today is the Chinese Communist
Party. If we can't push back on the Communist Chinese without being
accused of racial accusations and racism, which is so typical of this
other side, I feel like this country is not being well served at all.
Madam Speaker, with that, I reserve the balance of my time.
Ms. JOHNSON of Texas. Madam Speaker, I yield 1 minute to the
gentleman from Indiana (Mr. Mrvan).
Mr. MRVAN. Madam Speaker, I want to take this opportunity to thank
the chairwoman and to reiterate one fact, a story about my district,
one of the top-producing steel districts in the Nation and also one of
the top auto producers in the Nation.
Today we are faced with enhancing the ability for them to perform,
enhancing the ability to produce automobiles because it takes
semiconductors. When we don't have semiconductors, people stop working.
When the auto industry stops working, then the steel industry stops
working. Then my district is impacted. Today is vital for the creation
of jobs, to protect our Nation, and, as a national security issue, to
be able to correct the supply chain and to be able to produce
semiconductors here in the United States.
The vitality of that is the example of the plant in Columbus, Ohio,
and the investments that are going to be made in technology jobs so
that the next generation of workers in technology will have an
opportunity to equitably participate in our economy.
Madam Speaker, I encourage the House to pass this piece of
legislation.
Mr. BABIN. Madam Speaker, I reserve the balance of my time.
Ms. JOHNSON of Texas. Madam Speaker, I yield 1 minute to the
gentlewoman from California (Ms. Pelosi).
Ms. PELOSI. Madam Speaker, I thank the gentlewoman for her
recognition. I want to recognize her as a great leader on the matter
before us today. This legislation, the America COMPETES Act, is
something that has come to the floor largely because of the investments
that she has made over the years in science and technology, keeping
America competitive, and now as the chair of the Committee on Science,
Space, and Technology. I thank her for the intellect that she has
brought to this and the reputation that she has enjoyed in the
scientific and academic community in support of her legislative
initiatives, this bill being a highlight of it all.
Madam Speaker, America has long been a beacon of excellence in
science and engineering in the world, forging innovations that have
been transformative for workers, businesses, and for our economy. By
investing in education and research, we were preeminent. We have been
preeminent in the world's arena. A number of years ago, maybe 20, maybe
longer, other countries followed our blueprint. They followed our lead.
They invested in education and recognized the value of investment in
research and new technologies. Now they threaten our position as the
world leader in science and innovation. We have been seeing that over
time.
The technology that we rely on each day and those that will take us
into the future must be made here in America or else we will be at the
mercy of those other countries, driving up costs for American families
and eroding our global competitiveness.
Madam Speaker, this situation is a challenge to the economic security
of our country, the financial security of our families, and the
national security of our Nation. It must be met head-on with bold,
strategic action that seizes the opportunity for progress. Today the
House is seizing that opportunity in passing legislation that meets the
moment by securing the preeminence of American manufacturing,
innovation, and economic strength with the America COMPETES Act.
To be preeminent in technology and innovation is essential so that
America becomes self-sufficient in the manufacture of critical goods.
The America COMPETES Act will do this, and transport our Nation into
the future, by: First, supercharging our investment in CHIPS for
America Act. Semiconductors are a key component to everything from
computers to cars to your personal phone, Madam Speaker. Cars contain
hundreds of chips; electric cars, thousands. Chips are the lifeblood of
modern technology.
Over the past 30 years, America's global share of manufacturing
semiconductors has been outpaced by other
[[Page H824]]
countries, leaving us dependent on those countries and vulnerable to
their supply chain issues, which drive up costs at home, for Americans.
The America COMPETES Act directs $52 billion for the CHIPS for
America Act. That is contained in this bill. It will address supply
chain disruptions that push up costs for families, bring back chips
production to America, and ensure that the United States leads the way
on semiconductor fabrication.
Madam Speaker, specifically, the bill provides financial assistance
to incentivize investment in facilities and equipment for semiconductor
fabrication, assembly, testing, advanced packaging, and research
development. This is very specific and very well thought out.
Secondly, the America COMPETES Act advances manufacturing at home in
our country and strengthens our supply chains. The pandemic has exposed
the vulnerabilities of global supply chains that rely on other
countries. We need to be making goods in America with American workers.
The America COMPETES Act authorizes $45 billion to support the
manufacture and acquisition of critical goods or industrial equipment
that are essential for national security and economic vitality
including components and products for public health in biological
preparedness. This is very important.
Madam Speaker, information and communications technology, energy and
transportation sector's industrial base, and agriculture and food
product supply chains, that affects everyone in our country.
The America COMPETES Act reduces our reliance on critical goods from
countries of concern and encourages the relocation of manufacturing
facilities out of those countries. It supports the creation of jobs
with competitive wages including by preserving existing collective
bargaining agreements and supporting union organizing efforts.
I will remind you that one and two were about supercharging our
investment in chips and advancing manufacturing at home and
strengthening the supply chains.
{time} 1700
Three, the America COMPETES Act advances America's scientific
research and innovation excellence to ensure that we lead the
technologies of the future. It includes a suite of bipartisan science,
research, and technology bills to turbocharge American innovation
focused squarely on producing solutions and results. I reiterate, a
suite of bills that have been bipartisan in committee and on the floor
of the House.
It maximizes the American talent pool by strengthening and
diversifying our Nation's STEM workforce. This is very important
because we want many more people, women, people of color, other
previously underrepresented communities to be part of this.
And, fourth, the America COMPETES Act promotes U.S. global
leadership, ensuring that the 21st century is the American century,
positioning the interests and values of the United States to win on the
world stage. And there are competitors for that honor.
Central to the America COMPETES Act is the strong action taken to
hold the PRC accountable for its trade abuses, which hurt U.S. workers,
and for its human rights violations, including the genocide against the
Uyghurs. People have to understand the connection between human rights
violations and fairness to American workers. Actually, what is
happening in China with the Uyghurs is beyond human rights; it is
genocide to the nth degree.
This use of forced labor which they are doing with the Uyghurs is
immoral and horrific, yes, and it hurts U.S. workers who have to
compete with slave labor. So understand human rights there and fairness
to our workers here are connected.
The House bill reflects a rigorous, comprehensive process of
listening to the experts and crafting legislation that will truly rise
to this challenge, and I thank Madam Chair for doing that. Eleven
committees have fed into this legislation, so I know we have heard from
many of the chairs in the debate today, and we will hear from many more
Members as we go into the amendment process. But I want to congratulate
you, Madam Chair.
Well over 100 research and scientific institutions have already
endorsed this bill or its key components, from:
Academic institutions: Including the Association of American
Universities and dozens of top research universities, including the Ivy
League schools and leading public institutions, including the
University of California system.
Leading scientific groups: Such as American Association for the
Advancement of Science, American Nuclear Society, American Mathematical
Society, and American Society for Engineering Education.
Top innovation firms and business groups: The Chamber of Commerce,
the Semiconductor Industry Association, the National Association of
Manufacturers, and companies like Intel who invest in these chips.
Groups representing American workers--and this is very important.
Groups representing American workers, led by the AFL-CIO, and I
mentioned the Teamsters, who write, ``On behalf of America's supply
chain union,'' they call themselves, ``I applaud the House Democratic
leadership for moving forward with their own legislation that addresses
the crucial issue of competing with China in a way that benefits U.S.
working families for many years to come.'' Their statement continues,
``I agree with President Biden that America COMPETES Act will bring
manufacturing jobs back home to this country and make America's supply
chains more resilient.''
The America COMPETES Act is built on bipartisan bills, many of which
have already passed the House with overwhelming bipartisan margins, my
colleagues, overwhelming bipartisan margins. And that includes the
National Science Foundation for the Future Act, the Department of
Energy Science for the Future Act, Rural STEM Education Act, Open RAN
Outreach Act, FUTURE Networks Act, Strengthening America's Strategic
National Stockpile Act, and many more.
In closing, I just want to say the America COMPETES Act recognizes
and meets the challenges of the 21st century, ensuring that America
cannot just compete but must win the global landscape. As I said in the
beginning, we were in the lead. We set a good example for the world.
Others followed our lead and became competitive with us.
A vote for this bill would be a vote for making more American goods
here in America with American workers. A vote for this bill would
strengthen our supply chains and lower costs for families. It would
bring forceful action to ensure that America, not the People's Republic
of China, but America writes the rules of the road for the 21st
century.
Madam Speaker, I urge a strong bipartisan vote for the America
COMPETES Act and for ensuring the global preeminence of America's
manufacturing for American workers and the American economy and our
security now and for years to come.
Again, congratulations to Chairwoman Eddie Bernice Johnson and other
chairs who worked so hard to bring this very important legislation to
the floor and to the fore.
Mr. BABIN. Madam Speaker, I reserve the balance of my time.
Ms. JOHNSON of Texas. Madam Speaker, I yield 2 minutes to the
gentlewoman from Texas (Ms. Jackson Lee).
Ms. JACKSON LEE. Madam Speaker, first of all, I think it is important
to say how great it is to have an opportunity to create jobs and
promote human rights at the same time, while respecting our fellow
Americans, Asian Pacific Americans.
I think it is important that we make that statement, that as we
promote this very important legislation, Asian Pacific Islanders and
others will also have the respect of this Nation because we do believe
in human rights.
But I want to pause for a moment to be able to thank my friend, my
colleague, the Honorable Eddie Bernice Johnson, for sticking to her
higher values, her commitment to science for more than two decades,
going on three decades.
As I watched her on the Science Committee, first as a member myself,
and then as she proceeded to take the leadership reins, look where we
are today, with an outstanding America COMPETES Act that builds on
previous legislation, brings together 11 jurisdictional committees, and
comes out on the side of creating jobs. We owe her a great debt of
gratitude, and I am grateful to call her a Member of the United
[[Page H825]]
States Congress, but I am even more grateful to call her a fellow
Texan.
This legislation will answer the questions of those who are
complaining about the supply chain because $45 billion will improve our
Nation's supply chain and strengthen our economy and national security
by preventing shortages of critical goods.
There is an outcry of inflation. There is an outcry of empty shelves,
but I will tell you that the immediate signing of this bill will turn
the corner for all Americans. I am grateful that we will be advancing
the American scientific research technology and innovation.
Just the other day I was at the Ion Center sponsored by Rice, and
looking at a number of technology companies in my 18th Congressional
District. I was glad to talk to a former truck driver who was there in
a program that dealt with training at-risk persons or persons who were
changing careers. He was saying he could not do trucking anymore, but
how glad he was to do this.
I am also very glad that legislation that I had is in this bill
regarding STEM and also K-12 students by creating State and regional
workshops to create jobs. This is a bill that will continue to create
jobs and working with the National Science Foundation to ensure the
diversity in STEM.
I will continue to work on these issues and create jobs. The COMPETES
Act creates jobs.
Madam Speaker, as a senior member of the House and the Committee on
Homeland Security, and as Chair of the Judiciary Subcommittee on Crime,
Terrorism, and Homeland Security, I rise in strong support of Rules
Committee Print 117-31 and H.R. 4521, the America Creating
Opportunities for Manufacturing Pre-Eminence in Technology and Economic
Strength or ``America COMPETES) Act of 2022,'' as well as the
underlying legislation.
I particularly wish to thank my colleague from Texas, Congresswoman
Eddie Bernice Johnson, the Chair of the Science, Space, and Technology
Committee, for her extraordinary leadership and the progress and
success made possible by her steadfast commitment to fairness and
equality.
For 15 terms the constituents of her congressional district have been
ably represented by one of this body's great legislators, who will be
missed deeply when she leaves this body at the end of the current
Congress.
Madam Speaker, the America COMPETES Act of 2022 is a bold legislative
package that makes transformational new investments in research,
innovation and American manufacturing that will ensure that America can
outcompete any nation in the world, now and for decades to come.
The package will accelerate production of critical semiconductor
chips, strengthen the supply chain to make more goods in America,
turbocharge our research capacity to lead the technologies of the
future, and advance our global competitiveness, while supporting strong
labor standards and human rights, among other key provisions.
The America COMPETES Act of 2022 is a bold, comprehensive package to
strengthen America's competitiveness, which includes the ``Creating the
CHIPS for America Fund,'' providing $52 billion to incentivize private-
sector investments and continue American leadership in semiconductor
fabrication, helping address supply chain disruptions and ensure that
more semiconductors are produced here at home.
The legislation strengthening the supply chain and American
manufacturing by authorizing $45 billion to improve our nation's supply
chains and strengthen our economy and national security by preventing
shortages of critical goods and ensuring that more of these goods are
made right here in the United States.
The America COMPETES Act of 2022 advances American scientific
research, technology, and innovation excellence by making major new
solutions-driven investments in every aspect of innovation and
scientific research, making the kind of investments that will lead to
breakthrough discoveries.
I am particularly pleased that the America COMPETES Act will help
maintain and secure America's global competitiveness and leadership
through economic development diplomacy, human rights, and partnering
with allies by including numerous provisions to strengthen and promote
America's leadership around the globe, including in such areas as
investing in partnerships and alliances, investing in standing up for
America's values, expanding our investments in diplomacy, and promoting
human rights.
Madam Speaker, the United States has long been a beacon of excellence
in science and technology in the world.
I have worked hard on the COMPETES Act over time to make sure that
this legislation includes provisions that stimulates government
reinvestment in the private sector; and reimagination of the Federal
government's approach to innovation that ignites and excites new ideas
that ensure that the United States remains the leader in innovation
globally.
I am very pleased that the legislation before us retains provisions I
sponsored that were included when the America COMPETES Act was
previously passed.
One of those provisions, which is incorporated in RCP 117-31
addresses the STEM education gap for K-12 students by creating State
and regional workshops to train K-12 teachers in project-based science
and technology learning, allowing them to provide instruction in
initiating robotics and other STEM competition team development
programs.
Another provision included in the legislation requires the National
Science Foundation (NSF) to report on the economic and ethnic breakdown
of ``Science Technology Engineering and Mathematics'' (STEM) industry
internship program recipients.
Facilitating links between institutes of higher education and the
private sector is vital to ensuring that education enables a skilled
and relevant workforce.
Such links are especially important for minorities and under-served
communities because these students often lack alternative avenues to
connect their education with an industry.
Internship experience is an increasingly vital component of a
successful resume, yet the unpaid nature of internships is cost-
prohibitive for many people.
Mandating that the National Science Foundation report on the economic
and ethnic breakdown of STEM program recipients will help ensure that
minorities and economically disadvantaged students have adequate access
to internships that bridge STEM academia and industry.
I am hopeful this data will provide evidence of robust participation
by minority and economically disadvantaged students; however, if such
students are not fully participating, these reporting requirements will
provide Congress with the data it needs to facilitate broader
participation.
Now is the time to recommit to boldly and strategically investing in
our nation's future--to promote America's economic strength, the well-
being of our communities, our national security and our leadership in
the world. This transformative legislation will ensure that America can
out-compete any nation, for decades to come.
Madam Speaker, I strongly support this legislation and urge all
Members to join me in voting for the rule governing debate of RCP 117-
31, the America COMPETES Act of 2022.
Mr. BABIN. Madam Speaker, I reserve the balance of my time.
Ms. JOHNSON of Texas. Madam Speaker, I yield 1 minute to the
gentleman from Illinois (Mr. Garcia).
Mr. GARCIA of Illinois. Madam Speaker, I rise today in support of the
America COMPETES Act. We have heard a lot about competing with China on
the global stage, and I strongly agree that we have to invest in
American innovation.
But what does innovation mean if technological development and
economic growth leaves everyday people behind? To truly compete, we
must take a hard look inward.
Our economy is built on the backs of many low-wage workers, many of
them being Latino, Black, and immigrant, like my neighbors in Chicago.
How can we compete globally as inequality rises, our healthcare
system crumbles, and the middle class remains out of reach for
millions?
I support the America COMPETES Act because it puts our focus on where
it needs to be, on investing in communities. The bill strengthens our
supply chains, builds sustainable technologies, includes people from
diverse backgrounds in the STEM field, and protects and expands living-
wage jobs.
It is about real access to opportunity, so more Americans can share
in our country's wealth because our people are our strength.
Mr. BABIN. Madam Speaker, I reserve the balance of my time.
Ms. JOHNSON of Texas. Madam Speaker, how much time is remaining?
The SPEAKER pro tempore. The gentlewoman from Texas has 10 minutes
remaining.
Ms. JOHNSON of Texas. Madam Speaker, I yield 1 minute to the
gentlewoman from California (Ms. Speier).
Ms. SPEIER. Madam Speaker, I thank the chairwoman for the bold
legislation and for her legacy of service.
Members, we cannot rest, we cannot be asleep at the switch. The
countries that innovate and commercialize new
[[Page H826]]
technologies the fastest will be able to set the political, military,
and economic agenda for the 21st century. We must prevail.
The global microchip shortage is only a symptom of a broader
challenge, which is that the United States' share of global
semiconductor production has fallen from 37 percent to just 12 percent
over the last 30 years.
President Putin recently said the country that becomes the leader in
AI will reign the world. Think about that. It is all about artificial
intelligence. In the field of AI, China now surpasses the United States
in the global share of research papers and consistently files more AI
patents than any other country.
The America COMPETES Act will reset our focus. We need to invest in
research; we need to invest in application; and we need to invest in
talent.
The decline in American technology, innovation, and competitiveness
is a national security challenge. We must avoid it.
Mr. BABIN. Madam Speaker, I reserve the balance of my time.
Ms. JOHNSON of Texas. Madam Speaker, I yield 1 minute to the
gentlewoman from Ohio (Ms. Kaptur).
Ms. KAPTUR. Madam Speaker, I thank the Chairwoman for yielding and
thank her for her dutiful service to our country. What a legacy to
leave for the American people. Congratulations.
I rise today to highlight two amendments I have offered to the
America COMPETES Act. The first will ensure that innovative startups in
our Great Lakes region, our freshwater industrial heartland, are
prioritized when Federal support is awarded to accelerate the
commercialization of clean energy technology.
The second will allow economically distressed communities throughout
the industrial heartland to receive fair consideration for new
investments in domestic solar facilities. This is vitally important
when our Nation is competing against China, which constantly hacks our
technology and takes outsourced jobs paying penny wages to their
workers.
The America COMPETES Act offers a remarkable opportunity to stimulate
21st century growth in America. We must make sure these investments
reach down to the communities that have been outsourced of jobs and not
always received their fair share in compensation.
My amendments will allow Great Lakes communities to receive the
resources they deserve as they labor to make, build, and grow that
which makes, builds, and grows America. I ask for support of these
amendments.
Mr. BABIN. Madam Speaker, I reserve the balance of my time.
Ms. JOHNSON of Texas. Madam Speaker, how much time remains?
The SPEAKER pro tempore. The gentlewoman from Texas has 8 minutes
remaining.
Ms. JOHNSON of Texas. Madam Speaker, we have no further requests for
time.
Mr. BABIN. Madam Speaker, I yield myself such time as I may consume.
During the past 2 hours of debate, you have heard my colleagues
mention dozens and dozens of flaws in this bill, and they haven't even
covered all of them.
There is an excessive transfer of taxpayer dollars to international
climate slush funds, with no guardrails preventing that money from
going to China, our greatest adversary today.
{time} 1715
There is a dramatic expansion of the Treasury's authority, giving
them unchecked power to block Americans' digital currency payments
worldwide. There is the permanent extension of the healthcare tax
credit for trade adjustment assistance beneficiaries with no
justification. There are Solyndra-style loan guarantees.
It seems like this bill has everything in it except for the one thing
that it desperately needs: a focus on countering the growing danger we
face from the Chinese Communist Party.
There is no question in my mind that the Chinese Communist Party is
the greatest threat that we face as a nation today. I was proud to work
on bipartisan House Science, Space, and Technology Committee
legislation to make America more competitive and more secure. I had
high hopes that we could take our proposals, which passed the House
with broad bipartisan support, and conference them with the Senate to
create a strong, strategic approach for America's continued
technological growth and global competitiveness.
Unfortunately, the Speaker had other priorities. Instead of moving
forward on a true China bill, she created a massive Christmas tree with
unrelated liberal priorities hung from every branch like ornaments.
We cannot afford this partisan gamesmanship. The threat is too real
for the American people and our national security.
I urge my colleagues to oppose this bill, and I yield back the
balance of my time.
Ms. JOHNSON of Texas. Madam Speaker, I have no further requests for
time, and I yield back the balance of my time.
Mr. THOMPSON of Mississippi. Madam Speaker, I am proud to join with
Speaker Pelosi and my Democratic colleagues in support of the ``America
COMPETES Act''--legislation that holds the promise of preserving
America's place as a global economic leader for generations to come.
Enactment of this comprehensive and strategic package of largely
bipartisan measures would enhance America's competitiveness on the
world economic stage and our security.
This package includes bipartisan legislation advanced by the
Committee on Homeland Security that spurs scientific and technological
innovation and, at the same time, reduces our dependence on foreign
countries by creating incentives for more U.S. manufacturing of
critical goods and technology.
The ``America COMPETES Act'' includes legislation offered by my
colleague on the Homeland Security Committee, Representative Correa,
which passed the House last November. The ``Homeland Procurement Reform
Act,'' or ``HOPR Act,'' requires the Department of Homeland Security
use least one-third of the funds obligated for uniforms or gear, like
vital personal protective equipment, to purchase goods manufactured or
supplied by American small businesses to the maximum extent possible.
These provisions would boost domestic sourcing of vital homeland
security equipment and supplies, create new opportunities for small
businesses, and improve supply chain security.
The vice chair of the Homeland Security Committee, Representative
Torres, has also focused on supply chain security. His ``DHS Software
Supply Chain Risk Management Act'' is included in the homeland security
division of this measure.
This legislation directs DHS to issue Department-wide guidance to
improve visibility into the supply chain for software purchased from
new and existing contractors. As the lead Federal agency for
cybersecurity, it is important that DHS lead by example in aggressively
protecting its own networks.
Similarly, Representative Guest's ``Unmanned Aerial Security Act''
ensures the integrity of DHS data by preventing DHS from operating,
financing, or procuring unmanned aircraft systems that are manufactured
in certain foreign countries that are identified as foreign adversaries
by the intelligence community.
Finally, the homeland security division of this measure also includes
Representative McEachin's ``Department of Homeland Security Mentor-
Protege Program Act,'' which would help build and sustain a reliable
pool of small business vendors that could compete for DHS contracts.
This program encourages big businesses to help small businesses build
their capacity to compete for government contracts, which is incredibly
important for woman-, veteran-, and minority-owned firms.
The ``America COMPETES Act'' strengthens our economy, creates good
jobs--including good union jobs--and delivers for American families.
Madam Speaker, I congratulate my dear friend, Representative Eddie
Bernice Johnson, the chair of the Science, Space, and Technology
Committee for shepherding this complex bill through the legislative
process. I am so pleased we are acting expeditiously on this measure
and look forward to working with my partners here and in the Senate to
turbo-charge our economy by getting this package signed into law.
Mr. McHENRY. Madam Speaker, I rise today to express my strong
opposition to H.R. 4521.
This bill does nothing to counter the global threat posed by the
Chinese Communist Party. This bill will not make our global standing
stronger. In fact, this bill suggests a sort of complacency with
respect to China and its agenda.
This bill says that we must compete with China on China's terms to
succeed.
This is the wrong kind of thinking.
There are three principles that I think we need to focus on when
dealing with China.
First, for the United States to beat China, it cannot become China.
We need to focus on
[[Page H827]]
America's ability to innovate, grow, and efficiently allocate capital.
We need to reaffirm our commitment to free people and free markets.
Second, the United States and its allies must prevent China from
rewriting the international rules of the road.
Third, we need to lead by example. National security requires the
United States financial sector to remain open, vibrant, and resilient,
even as we prevent Chinese companies from advancing Beijing's strategic
goals.
This bill fails to accomplish any of these goals.
In fact, this bill is contrary to many of the principles that have
made this country great.
For example, this bill would create a back door for the Treasury
Secretary to strangle financial innovation.
Currently, under Section 311 of the PATRIOT Act, the Treasury
Secretary can invoke one of five special measures when a foreign entity
is suspected of money laundering and investigate potential wrongdoing.
These measures have only been invoked 26 times since enactment, with
12 of those ultimately rescinded. This is a powerful regulatory tool
that Democrats now want to expand so that the Department of Treasury
can block individual financial transactions as it sees fit.
The Democrats' partisan bill would allow the Treasury Secretary to
redefine what counts as a ``transmittal of funds,'' potentially
sweeping up vast swaths of the digital economy and shutting down
transactions with people and institutions they don't like abroad.
We went through this during the Obama Administration and Operation
Chokepoint, when we witnessed unelected bureaucrats at agencies across
the federal government shutting legal businesses out of the banking
system for little more than ideological disagreement.
Well, here we are again. This time the target is digital assets. It's
been clear from the start that this Administration and Democrats are
anti-innovation.
Unfortunately, this is not the only time we've seen this move;
Democrats recently tried adding this provision to the NDAA as well.
It was a bad policy there, and it's a bad policy now. Elected
officials need to govern cryptocurrency thoughtfully and transparently,
not slip prohibitions into an unrelated, 3,000-page bill.
To ensure our continued leadership, including in the digital assets
space, we must focus on our strengths and the frameworks that work that
made our country great--the free market. We should legislate to ensure
those attributes are protected--not legislate out of fear.
Mr. SABLAN. Madam Speaker, the America COMPETES Act makes landmark
investments to ensure our people, research, innovation, and
manufacturing remain competitive globally. The legislation includes
several of my bills supporting these goals: by providing Marianas
students pathways to well-paying jobs through access to STEM courses
and apprenticeships, by ensuring math and science teachers in the
Marianas are recognized at the national level along with their peers in
education, and by protecting the ocean life that has always been so
important to the people and culture of the Marianas.
To be specific the America COMPETES Act includes my bill, the
Outlying Areas Apprenticeship Expansion Act, which provides $2.8
million to establish an apprenticeship program. Our school systems
already equip students with the skills employers seek. Now we need to
build a connection between that classroom learning and the real-world
workplace. Apprenticeships provide that link. And with our economy
still struggling to recover due to the pandemic, that link is needed
now more than ever.
We also need to recognize the teachers who are giving those students
the skills they need. My bill, the STEM Educator Awards Equity Act, has
also been incorporated in the COMPETES Act and expands the annual
Presidential Awards for Excellence in Mathematics and Science Teaching
so a teacher in each of America's insular areas can be recognized.
Selected teachers receive $10,000 from the National Science Foundation
and participate in expert-led training and collaboration opportunities
in Washington. Currently, teachers from the Marianas, Guam, American
Samoa, and the U.S. Virgin Islands must compete against each other for
two awards. This defeats the purpose of the program, which is to
inspire excellence and provide a role model in every area of our
nation.
Lastly, the America COMPETES Act protects our environment, which is
the foundation of economic activity. The bill addresses the sharp
decline in shark populations by banning the commercial trade in shark
fins. This matches the ban in my legislation, H.R. 2811, which has 240
cosponsors in the House of Representatives, and which follows the lead
already established by law in the Marianas and U.S. state governments.
The COMPETES Act will also protect the Marianas' coral reefs through
increased funding for conservation activities. These provisions support
our tourism economy by maintaining the natural beauty of our islands to
showcase to visitors from around the world.
With historic investments in job training, STEM education and the
environment, the America COMPETES Act supports communities in the
Marianas and around America in this time of economic challenge. I ask
my colleagues to support the America COMPETES Act.
Ms. ESHOO. Madam Speaker, I rise in strong support of H.R. 4521, the
America COMPETES Act, critical legislation to ensure America maintains
its leadership in science and technology on the global stage and
invests where we are lagging.
The legislation includes $52 billion to fund the CHIPS for America
Act, authorizing legislation I was proud to cosponsor last Congress.
Additionally, the America COMPETES Act, includes four of my bills:
(1) Section 10002(a)(1) is based on H.R. 6359, the Investing in
Domestic Semiconductor Manufacturing Act, bipartisan and bicameral
legislation I introduced to bolster American semiconductor production
and supply chains by expanding the eligibility of the programs
authorized under the CHIPS for America Act to include manufacturers of
semiconductor materials and equipment. I thank Rep. Trent Kelly, along
with Senators Gary Peters, Rob Portman, Marsha Blackburn, and Mark
Kelly for partnering with me on this important legislation.
(2) Section 20403 is based on H.R. 6483, the Improved Transparency of
Foreign Drug Manufacturing Act, which is a bill I introduced that
directs the Food and Drug Administration to collect additional
information on drugs and the active pharmaceutical ingredients that are
manufactured overseas every three months instead of annually. This will
help to better identify the drugs that are most dependent on foreign
supply chains. This is legislation that the FDA testified is needed
during a House Health Subcommittee hearing.
(3) Section 20102 is based on H.R. 2685, the Understanding
Cybersecurity of Mobile Networks Act, bipartisan legislation which
requires the National Telecommunications and Information Administration
(NTIA) to conduct a comprehensive study on the cybersecurity
vulnerabilities of our 2G, 3G, and 4G networks. There have been many
one-off reports from agencies, universities, companies, and think
tanks, but we need a comprehensive study on what vulnerabilities exist
and what has been addressed, so that policymakers have the full
picture. I thank Rep. Adam Kinzinger for partnering with me on this
legislation which passed the House on December 1, 2021, as a standalone
bill.
(4) Section 20107 is based on H.R. 4055, the American Cybersecurity
Literacy Act, bipartisan legislation I co-led with Rep. Kinzinger,
along with Senators Amy Klobuchar and John Thune, that requires the
Department of Commerce to conduct a public education campaign to
improve cyber literacy among the American populace. H.R. 4055 passed
the House on December 1, 2021.
I thank Chairman Frank Pallone and Chairwoman Eddie Bernice Johnson
for including an update to the bill in the manager's amendment based on
Rules Amendment No. 57 that I authored.
In addition to the above provisions, I thank the Rules Committee for
making in order three of my amendments for consideration by the House,
and I ask my colleagues to vote for them:
Amendment No. 75, which appears as the new Paragraph (4) of Section
10002(b), amends a requirement in the CHIPS for America Act for an
existing GAO study to include an evaluation of demand-side incentives
(i.e., role of government as a buyer of technology) for alleviating
semiconductor shortages in the information communications and
technology industry and in other industries.
Amendment No. 76 creates a new Section 50105 based on H.R. 6541, the
Improving Cybersecurity of Small Businesses, Nonprofits, and Local
Governments Act, which is my bipartisan and bicameral bill that directs
the Cybersecurity and Infrastructure Security Agency to publish an
annual report to promote evidence-based policies and controls that
small entities (i.e., small businesses, nonprofits, local governments)
may employ to improve cybersecurity. The provision also requires a
Commerce Department annual report on barriers that small entities face
in implementing cybersecurity policies and controls. I thank Reps.
William Timmons, Jamie Raskin, and Ed Case for cosponsoring my
amendment and bill, and I thank Senators Jacky Rosen and John Cornyn
for their leadership on this bill in the Senate.
Amendment No. 77 creates a new Section 3 that directs the President
to ensure that the provisions of the America COMPETES 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. I thank Rep. Judy Chu, Chairwoman of
[[Page H828]]
the Congressional Asian Pacific American Caucus, for partnering with me
on this highly important amendment.
The legislation before us is critical for our national security and
economic competitiveness, and I urge my colleagues to support the
legislation.
The SPEAKER pro tempore. All time for debate has expired.
Each further amendment printed in part D of House Report 117-241 not
earlier considered as part of amendments en bloc pursuant to section 8
of House Resolution 900 shall be considered only in the order printed
in the report, may be offered only by a Member designated in the
report, shall be considered as read, shall be debatable for the time
specified in the report equally divided and controlled by the proponent
and an opponent, may be withdrawn by the proponent at any time before
the question is put thereon, shall not be subject to amendment, and
shall not be subject to a demand for division of the question.
It shall be in order at any time for the chair of the Committee on
Science, Space, and Technology or her designee to offer amendments en
bloc consisting of further amendments printed in part D of House Report
117-241 not earlier disposed of. Amendments en bloc shall be considered
as read, shall be debatable for 20 minutes equally divided and
controlled by the chair and ranking minority member of the Committee on
Science, Space, and Technology or their respective designees, shall not
be subject to amendment, and shall not be subject to a demand for
division of the question.
Amendments En Bloc No. 1 Offered by Ms. Johnson of Texas
Ms. JOHNSON of Texas. Madam Speaker, pursuant to House Resolution
900, I offer amendments en bloc.
The SPEAKER pro tempore. The Clerk will designate the amendments en
bloc.
Amendments en bloc No. 1 consisting of amendment Nos. 1, 2, 3, 4, 5,
9, 10, 11, 12, 14, 16, 17, 19, 20, 21, 24, 31, 32, 33, 34, 35, 36, 38,
39, 40, 41, 42, 46, 48, 49, 50, 58, 61, 63, 64, 65, 66, 67, 68, 69, 70,
71, 72, 73, 74, 75, 77, 84, 85, 86, 87, 90, 91, 93, 97, 98, 99, 102,
103, 104, 105, 108, 109, 112, 113, 115, 122, 123, 125, 126, 127, 128,
129, 130, 132, 133, 134, 136, 138, 139, 140, 141, 142, 143, 144, 145,
146, 147, 148, 149, 150, 151, 152, 153, 154, 156, 157, 158, 159, 160,
161, 163, 166, 167, 168, 169, 170, 172, 173, 175, 176, 177, 189, 190,
191, 192, 193, 194, 195, 196, 200, 201, 205, 207, 208, 209, 210, 213,
214, 215, 216, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228,
231, 232, 233, 234, 236, 241, 242, 243, 245, 246, 247, 248, 250, 251,
252, 253, 254, 257, and 259 printed in part D of House Report 117-241,
offered by Ms. Johnson of Texas:
amendment no. 1 offered by ms. adams of north carolina
Page 325, line 3, strike ``The Director'' and insert ``(A)
The Director''.
Page 325, after line 7, insert the following:
(B) The Director shall administer separate competitions for
each category of eligible institution described in subclauses
(I) through (IV) of paragraph (2)(A)(i).
Page 326, beginning line 1, amend clause (ii) to read as
follows:
(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.
Page 328, beginning line 12, strike ``$100,000,000'' and
all that follows through ``through 2026'' and insert
``$200,000,000 for fiscal year 2022 and $250,000,000 for each
of fiscal years 2023 through 2026''.
amendment no. 2 offered by mr. auchincloss of Massachuetts
In section 30241(2)(G), insert ``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''
after ``in the PRC''.
amendment no. 3 offered by mr. auchincloss of Massachuetts
Page 989, line 22, insert ``auto-disable syringes,'' after
``diagnostics,''.
amendment no. 4 offered by mr. auchincloss of Massachuetts
Page 415, line 9, strike ``support for biomanufacturing
testbeds'' and insert ``support for a national network of
testbeds based on open standards, interfaces, and
processes''.
Page 430, strike lines 10 through 15 and insert the
following (and redesignate the succeeding subparagraphs
accordingly):
(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;
amendment no. 5 offered by mr. auchincloss of Massachuetts
At the end of division G, add the following:
TITLE XI--AFGHAN TRADE ZONES FOR LICIT TRADE
SEC. 62001. 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.
amendment no. 9 offered by ms. bass of california
Page 1099, beginning line 3, strike section 30274 and
insert the following:
SEC. __. 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
[[Page H829]]
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 between25 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.
amendment no. 10 offered by mrs. beatty of ohio
Page 69, line 24, strike ``and'' at the end.
Page 70, line 1, insert the following new paragraph and
redesignate all subsequent paragraphs accordingly:
(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
amendment no. 11 offered by mrs. beatty of ohio
At the end of division A, add the following new section:
SEC. 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
[[Page H830]]
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.
amendment no. 12 offered by mr. bera of california
Amend section 30124 to read as follows:
SEC. 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), and;
(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.--
[[Page H831]]
(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.
amendment no. 14 offered by ms. blunt rochester of delaware
Page 479, line 13, after ``including'', insert
``historically Black colleges and universities, Tribal
Colleges or Universities, minority serving institutions,
and''.
amendment no. 16 offered by ms. bonamici of oregon
Page 537, after line 24, insert the following:
SEC. 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.
amendment no. 17 offered by ms. bonamici of oregon
Page 312, after line 25, insert the following:
(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.''.
amendment no. 19 offered by ms. bonamici of oregon
Page 1668, after line 13, insert the following:
TITLE XII--BOLSTERING LONG-TERM UNDERSTANDING AND EXPLORATION OF THE
GREAT LAKES, OCEANS, BAYS, AND ESTUARIES
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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--
[[Page H832]]
(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.
SEC. 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.''.
SEC. 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.''.
SEC. 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.
SEC. 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).
SEC. 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''
[[Page H833]]
and inserting ``$35,000,000 for each of fiscal years 2023
through 2026''.
SEC. 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.
SEC. 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).
amendment no. 20 offered by ms. bonamici of oregon
Add at the end of division J the following:
TITLE V--BUILDING U.S. INFRASTRUCTURE BY LEVERAGING DEMANDS FOR SKILLS
(BUILDS)
SEC. 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;
[[Page H834]]
(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.
SEC. 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).
SEC. 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)).
SEC. 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
[[Page H835]]
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.
SEC. 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.
SEC. 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.
SEC. 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.
amendment no. 21 offered by mr. bowman of new york
Page 312, after line 25, insert the following:
(i) 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.
amendment no. 24 offered by ms. brownley of california
Page 433, line 4, after ``synthetic biology'', insert
``alternative proteins,''.
amendment no. 31 offered by ms. bush of missouri
Insert after section 30216 the following:
SEC. 30217. ACTIONS TO PREVENT THE SPREAD OF THE COVID-19
PANDEMIC.
The Secretary of State, in coordination with the
Administrator for the US Agency
[[Page H836]]
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.
amendment no. 32 offered by ms. bush of missouri
Page 1660, after line 6, insert the following:
SEC. 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.
amendment no. 33 offered by ms. bush of missouri
Page 1892, after line 2, insert the following new
paragraphs (and redesignate the succeeding paragraphs
accordingly):
(6) 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).
(7) 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)).
Page 1894, line after line 11, insert the following new
paragraph (and redesignate the succeeding paragraph
accordingly):
(11) 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).
Page 1900, line 12, insert ``(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)'' after
``education''.
amendment no. 34 offered by ms. bush of missouri
Page 1668, after line 13, insert the following:
SEC. 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.
amendment no. 35 offered by ms. bush of missouri
Page 789, line 20, insert ``, or have the ability to
manufacture,'' before ``solar components''.
amendment no. 36 offered by ms. bush of missouri
Page 1498, beginning line 3, insert the following:
(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.
Amendment No. 38 Offered by Mr. CASE of Hawaii
Page 1660, after line 6, insert the following:
SEC. 71003. 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.
Amendment No. 39 Offered by Mr. CASE of Hawaii
Page 1031, after line 2, insert the following:
SEC. __. 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)).
[[Page H837]]
Amendment No. 40 Offered by Mr. CASE of Hawaii
At the end of part 8 of subtitle D of title II of division
D, add the following:
SEC. 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.
Amendment No. 41 Offered by Mr. CASTEN of Illinois
Page 170, after line 11, insert the following:
``(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.''.
Page 170, line 12, strike ``(d)'' and insert ``(e)''.
Page 170, line 20, strike ``(e)'' and insert ``(f)''.
Amendment No. 42 Offered by Ms. CASTOR of florida
Page 800, after line 2, insert the following:
SEC. 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
[[Page H838]]
(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.
Amendment No. 46 Offered by Ms. CHU of california
Add, at the end of the bill, the following (and conform the
table of contents accordingly):
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.
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.
Amendment No. 48 Offered by Mr. Connolly of virginia
Page 1714, after line 6 insert the following:
SEC. 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.
amendment no. 49 offered by mr. costa of california
Insert after section 30404 the following:
SEC. 30505. 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.
amendment no. 50 offered by mr. courtney of connecticut
Page 853, line 18, strike ``It is'' and insert the
following:
(a) In General.--It is
Page 857, beginning line 4, insert the following:
(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.
amendment no. 58 offered by ms. davids of kansas
Page 820, line 2, insert ``, taking into consideration
entering into such cooperative agreements or partnerships
with small and medium manufacturers of such medical
supplies'' before the semicolon.
amendment no. 61 offered by ms. delbene of washington
Page 748, strike lines 3 and 4, and insert the following:
(F) Advanced communications technology (including optical
transmission components) and immersive technology.
amendment no. 63 offered by ms. delbene of washington
Page 76, before line 14, add the following new section:
SEC. 10003. 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''.
amendment no. 64 offered by mr. delgado of new york
Page 575, after line 14, insert the following (and
redesignate the subsequent clauses accordingly):
(iv) to support the modernization and expansion of United
States manufacturing based on advances in technology and
innovation;
Page 576, line 24, strike ``or innovation sectors'' and
insert ``, innovation, or manufacturing sectors''.
Page 587, line 2, strike ``and testing,'' and insert
``testing, and scale-up for manufacturing''.
Page 596, line 11, strike ``and innovation sector'' and
insert ``, innovation, and advanced manufacturing sectors''.
amendment no. 65 offered by mrs. dingell of michigan
Page 1668, after line 13, insert the following:
[[Page H839]]
TITLE XII--CLIMATE CHANGE EDUCATION
SEC. 71201. 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.
SEC. 71202. 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.
SEC. 71203. 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.
SEC. 71204. GRANT PROGRAM.
(a) In General.--As part of the Climate Change Education
Program established under section 71203, 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.
SEC. 71205. 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.
SEC. 71206. 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 71204(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.
[[Page H840]]
(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 71204(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
71204(a).
amendment no. 66 offered by mr. doyle of pennsylvania
Page 623, after line 2, insert the following:
SEC. 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.''.
amendment no. 67 offered by ms. escobar of texas
Page 1359, after line 17, add the following:
(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.
amendment no. 68 offered by ms. escobar of texas
Add at the end of division F the following:
SEC. 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.
amendment no. 69 offered by ms. escobar of texas
Add at the end of division F the following:
SEC. 50105. 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.
amendment no. 70 offered by ms. escobar of texas
Page 1425, after line 16, add the following:
(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.
amendment no. 71 offered by ms. escobar of texas
Page 1037, after line 6, insert the following:
SEC. __. 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.
amendment no. 72 offered by ms. escobar of texas
Page 1082, after line 10, insert the following:
SEC. __. 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.
amendment no. 73 offered by ms. escobar of texas
Page 795, after line 9, insert the following:
(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.
Page 795, line 10, strike ``(m)'' and insert ``(n)''.
amendment no. 74 offered by ms. escobar of texas
Add at the end the following:
DIVISION M--PROHIBITING USE OF FUNDS FOR PUBLICITY OR PROPAGANDA
SEC. 120001. 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.
amendment no. 75 offered by ms. eshoo of california
Page 69, line 11, strike ``; and'' and insert a semicolon.
Page 69, after line 11, insert the following (and
redesignate the succeeding paragraph accordingly):
(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''; and
amendment no. 77 offered by ms. eshoo of california
Page 46, insert before line 1 the following:
SEC. 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.
amendment no. 84 offered by mr. foster of illinois
Page 561, after line 3, insert the following:
SEC. 10631A. 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
[[Page H841]]
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.
amendment no. 85 offered by mr. foster of illinois
Page 1711, insert after line 22 the following:
(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.
amendment no. 86 offered by mr. foster of illinois
Page 189, after line 5, insert the following:
SEC. 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.
amendment no. 87 offered by mr. foster of illinois
Page 210, line 3, after ``systems'' insert ``, including
identity and attribute validation services provided by
Federal, State, and local governments''.
Page 210, line 23, after ``systems'' insert ``, including
identity and attribute validation services provided by
Federal, State, and local governments''.
amendment no. 90 offered by mr. garamendi of california
Page 1714, insert after line 6 the following:
SEC. 80306. 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)''.
amendment no. 91 offered by mr. garamendi of california
Page 744, line 10, strike ``or''.
Page 744, insert after line 10 the following:
(B) is a covered nation (as defined under section 2533c(d)
of title 10, United States Code); or
Page 744, line 11, strike ``(B)'' and insert ``(C)''.
Amendment No. 93 Offered by Ms. GARCIA of texas
At the end of division L, add the following:
SEC. 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.--
[[Page H842]]
``(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.''.
Amendment No. 97 Offered by Mr. GOTTHEIMER of new jersey
Add at the end of subtitle B of title IV of division C the
following new section:
SEC. 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.
Amendment No. 98 Offered by Mr. gottheimer of new jersey
Page 756, after line 12, insert the following:
SEC. 20209. 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.
Amendment No. 99 Offered by Mr. gottheimer of new jersey
In division G, add at the end the following:
TITLE XI--INTERAGENCY TASK FORCE TO ADDRESS CHINESE MARKET MANIPULATION
IN THE UNITED STATES
SEC. 61101. 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.
SEC. 61102. 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).
Amendment No. 102 Offered by Mr. gottheimer of new jersey
Page 287, after line 17, insert the following:
(4) Improving Access to STEM Education at CTE
Institutions.--
(1) 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
relate fields.
(2) Priority.--In awarding grants under paragraph (1), 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.
(3) Career and technical education defined.--In this
paragraph, the term ``career
[[Page H843]]
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).
Amendment No. 103 Offered by Mr. gottheimer of new jersey
Page 1012, after line 6, insert the following new sections
(and redesignate subsequent subsections as appropriate):
SEC. 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.
SEC. 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
[[Page H844]]
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.
SEC. 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.
amendment no. 104 offered by mr. gottheimer of new jersey
Page 763, line 4, strike the period and insert ``; and''.
Page 763, insert after line 4 the following:
(9) soliciting input from--
(A) economically disadvantaged areas (as defined in section
20208); or
(B) areas in which foreign competition resulted in mass
factory layoffs.
amendment no. 105 offered by mr. grijalva of arizona
Division H, page 1668, after line 13, insert the following
new title:
TITLE XII--OFFICE OF EDUCATION TECHNOLOGY TO SUPPORT THE BUREAU OF
INDIAN EDUCATION
SEC. 71201. 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).
SEC. 71202. 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
[[Page H845]]
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.''.
amendment no. 108 offered by mrs. hayes of connecticut
Page 391, line 25, insert the following (and redesignate
subsequent subsections accordingly):
(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.
amendment no. 109 offered by mrs. hayes of connecticut
Page 259, after line 15, insert the following:
Subtitle E--Manufacturing USA Program
SEC. 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.''.
amendment no. 112 offered by mr. horsford of nevada
Page 174, lines 5 through 7, strike ``with minority-serving
institutions, non-Research I universities, and scientific
societies'' and insert ``with Historically Black Colleges,
Tribal Colleges, Minority Serving Institutions, emerging
research institutions, and scientific societies''.
amendment no. 113 offered by mr. horsford of nevada
Page 1994, line 13, after ``program'' insert ``, including
students in rural areas''.
Page 1996, line 23, after ``program'' insert ``, including
students in rural areas, if applicable''.
amendment no. 115 offered by mr. huffman of california
Add at the end of title X of division H the following:
SEC. _____. 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).
amendment no. 122 offered by ms. jacobs of california
Add at the end of division D the following:
TITLE VII--UNITED STATES COMMITMENT TO PEACEKEEPING
SEC. 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.
SEC. 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,
[[Page H846]]
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.
SEC. 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).
SEC. 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.
SEC. 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.
amendment no. 123 offered by ms. jacobs of california
At the end of title III of division D, add the following:
Page 1011, line 21, strike ``There is'' and insert ``(a) In
General.--There is''.
Page 1012, after line 6, add the following:
(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.
amendment no. 125 offered by ms. jayapal of washington
Page 76, before line 14, insert the following:
SEC. 10003. 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.
SEC. 10004. 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''.''.
amendment no. 126 offered by mr. johnson of georgia
Add at the end of division J the following:
TITLE V--DR. DAVID SATCHER CYBERSECURITY EDUCATION GRANT PROGRAM
SEC. 90501. 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.
[[Page H847]]
(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.
amendment no. 127 offered by ms. kaptur of ohio
Page 790, beginning line 14, amend paragraph (4) to read as
follows:
(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.
amendment no. 128 offered by ms. kaptur of ohio
Page 541, line 9, insert ``, such as the Great Lakes
region'' after ``United States''.
amendment no. 129 offered by mr. kildee of michigan
Page 569, after line 15, insert the following:
SEC. 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.''.
amendment no. 130 offered by mr. kildee of michigan
Page 628, after line 6, insert the following (and
redesignate the succeeding paragraphs accordingly):
(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.
amendment no. 132 offered by mr. krishnamoorthi of illinois
Insert after section 30219G the following:
SEC. 30219H. 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.
[[Page H848]]
(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.
amendment no. 133 offered by mr. krishnamoorthi of illinois
Insert after section 30128 the following:
SEC. 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).
amendment no. 134 offered by mr. lamb of pennsylvania
Page 371, after line 6, insert the following:
(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
[[Page H849]]
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.
amendment no. 136 offered by mr. lamb of pennsylvania
At the end of division L, add the following:
SEC. 110002. FREIGHT RAIL INNOVATION INSTITUTE.
(a) In General.--Chapter 229 of title 49, United States
Code, is amended by adding at the end the following:
``Sec. 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; and
``(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;
``(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.''.
amendment no. 138 offered by mr. langevin of rhode island
Page 1714, insert after line 6 the following (and conform
the table of contents accordingly):
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.
(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
[[Page H850]]
(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.
amendment no. 139 offered by mr. langevin of rhode island
Page 312, after line 25, insert the following:
(i) 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.''.
amendment no. 141 offered by mr. larsen of washington
Page 1216, after line 24, insert the following:
(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.
amendment no. 142 offered by mr. larsen of washington
At the end of subtitle A of title II of division D, add the
following:
SEC. 30219H. 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.
amendment no. 143 offered by mrs. lawrence of michigan
Page 367, after line 2, insert the following:
(C) Promising practices at universities described in
paragraph (1) for advancing diversity, equity, and inclusion
in AI research programs.
Page 367, line 3, strike ``(C)'' and insert ``(D)''.
amendment no. 144 offered by mrs. lawrence of michigan
Page 362, line 13, insert ``, including in low-income,
underserved, and disadvantaged communities'' after
``wastewater systems''.
amendment no. 145 offered by mrs. lee of nevada
Page 561, strike line 20 and all that follows through page
565, line 22, and insert the following:
SEC. 10633. MANAGEMENT OF DEPARTMENT OF ENERGY DEMONSTRATION
PROJECTS.
Section 41201 of the Infrastructure Investment and Jobs Act
(42 U.S.C. 18861) is amended--
[[Page H851]]
(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''.
amendment no. 146 offered by ms. leger fernandez of new mexico
Page 572, line 24, insert the following (and redesignate
subsequent paragraphs accordingly):
``(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).
Page 574, line 10, after ``State,'', insert ``Tribal,''.
Page 579, line 20, strike ``and''.
Page 580, line 2, after ``Universities'', insert ``, Tribal
Colleges and Universities,''.
Page 580, line 3, strike the period and insert ``; and''.
Page 580, line 4, insert the following:
``(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.
amendment no. 147 offered by ms. leger fernandez of new mexico
Page 641, after line 22, insert the following:
Subtitle G--Reports
SEC. 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.
amendment no. 148 offered by ms. leger fernandez of new mexico
At the end of division L, add the following:
SEC. 110002. 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.
amendment no. 149 offered by ms. leger fernandez of new mexico
Page 1848, line 9, strike ``or'' at the end.
Page 1848, line 11, strike the period and insert ``; or''.
Page 1848, after line 11, insert the following:
``(v) 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.
Page 1863, after line 11, insert the following:
``(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.
amendment no. 150 offered by mr. levin of california
Division H, page 1668, after line 13, insert the following
new title:
TITLE XII--PUBLIC LAND RENEWABLE ENERGY DEVELOPMENT ACT
SEC. 71201. 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
71204(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.)).
SEC. 71202. 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
[[Page H852]]
(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)).
SEC. 71203. 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)).
SEC. 71204. 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).
SEC. 71205. 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-
[[Page H853]]
related projects and other nonrenewable energy uses, for the
purposes of land use planning, permit processing, and
conducting environmental reviews.
amendment no. 151 offered by ms. lofgren of california
Page 537, insert after line 4 the following (and
redesignate the succeeding provisions accordingly):
``(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;''.
amendment no. 152 offered by ms. lofgren of california
Page 785, after line 11, insert the following:
SEC. 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.
amendment no. 153 offered by ms. lofgren of california
In section 30003, add at the end the following:
(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.
amendment no. 154 offered by mr. lowenthal of california
Page 1549, after line 7, insert the following:
(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''.
amendment no. 156 offered by mrs. luria of virginia
Add at the end the following:
DIVISION M--NATIONAL SECURITY RESTRICTIONS ON USE OF CERTAIN FUNDS
SEC. 120001. 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:
``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.
``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.''.
amendment no. 157 offered by mr. malinowski of new jersey
Add at the end of title III of division D the following:
SEC. 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''.
amendment no. 158 offered by mrs. carolyn b. maloney of new york
Page 331, after line 11, insert the following:
(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
[[Page H854]]
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.
amendment no. 159 offered by ms. manning of north carolina
Page 259, after line 15, add the following:
Subtitle E--Manufacturing USA Program
SEC. 10261. 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).
amendment no. 160 offered by ms. manning of north carolina
Page 1708, line 1, strike ``doctoral'' and insert
``advanced degree''.
Page 1708, line 8, after ``doctoral'' insert the following:
``or, in the case of an alien who works in a critical
industry (as such term is defined in section 20208 of the
America COMPETES Act of 2022), a master's''.
amendment no. 161 offered by mr. mceachin of virginia
Page 701, after line 24, insert the following:
(xiii) Identifying opportunities to reuse and recycle
critical goods, including raw materials, to increase
resilience of supply chains.
amendment no. 163 offered by ms. meng of new york
Page 1241, beginning line 21, strike section 30313 and
insert the following:
SEC. __ 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.
amendment no. 166 offered by mr. morelle of new york
Page 72, beginning on line 16, strike ``is amended by
adding at the end the following:'' and insert ``is amended--
''.
Page 72, after line 17, insert the following:
(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:
amendment no. 167 offered by ms. newman of illinois
Page 552, line 24, after ``transfer,'' insert ``skills
training and workforce development,''.
amendment no. 168 offered by ms. newman of illinois
Page 728, line 24, strike ``and''.
Page 729, line 5, strike the period at the end and insert
``; and''.
Page 729, after line 5, insert the following:
(C) small and medium sized manufacturers.
Page 734, after line 19, insert the following:
(9) Leverage existing mechanisms for the Federal Government
to provide supply chain
[[Page H855]]
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.
amendment no. 169 offered by mr. norcross of new jersey
Page 575, line 19, after ``commercialization'', insert
``and domestic production''.
Page 585, line 18, after ``incubation'', insert ``, early-
stage production''.
Page 587, line 9, after ``incubators'', insert ``and
production testbeds''.
amendment no. 170 offered by ms. ocasio-cortez of new york
Page 64, after line 11, insert the following:
(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.
amendment no. 172 offered by mr. o'halleran of arizona
Page 698, line 7, strike ``; and'' and insert a semicolon.
Page 698, line 13, strike the period at the end and insert
``; and''.
Page 698, after line 13, insert the following:
(iv) how supply chain shocks could affect rural, Tribal,
and underserved communities.
amendment no. 173 offered by mr. pappas of new hampshire
Page 1455, beginning line 24, insert the following:
``(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).''.
amendment no. 175 offered by mr. pappas of new hampshire
Page 1668, after line 13, insert the following:
TITLE XII--INCREASING COMMUNITY ACCESS TO RESILIENCY GRANTS
SEC. 71201. 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.
amendment no. 176 offered by mr. pappas of new hampshire
Page 172, line 15, after ``institutions,'', insert
``institutions in rual and remote areas,''.
amendment no. 177 offered by mr. payne of new jersey
Page 1926, line 1, insert ``library,'' before
``community''.
amendment no. 189 offered by ms. pingree of maine
Page 1668, after line 13, insert the following:
TITLE XII--KEEP AMERICA'S WATERFRONTS WORKING
SEC. 71201. 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:
``SEC. 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.--
[[Page H856]]
``(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
[[Page H857]]
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.''.
amendment no. 190 offered by ms. plaskett of virgin islands
Page 1668, after line 13, insert the following:
SEC. 71104. 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.
[[Page H858]]
amendment no. 191 offered by mr. pocan of wisconsin
At the end add the following:
DIVISION M--AGRICULTURE FOREIGN INVESTMENT DISCLOSURE REFORM
SEC. 120001. SHORT TITLE.
This division may be cited as the ``Agriculture Foreign
Investment Disclosure Reform Act''.
SEC. 120002. 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.''.
SEC. 120003. 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:
``SEC. 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.''.
SEC. 120004. 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''.
amendment no. 192 offered by mr. pocan of wisconsin
Page 989, line 7, add at the end before the period the
following: ``, distribution, storage, and delivery''.
Page 989, line 11, insert after ``manufacturing'' the
following: ``, distribution, storage, and delivery''.
Page 989, after line 23, add the following:
(4) Enhancing the cold chain necessary for the production,
delivery, storage, and distribution of vaccines.
Page 990, line 7, insert before ``and'' the following: ``,
distribution, storage, and delivery''.
Page 990, line 7, insert after ``manufacturing'' the
following: ``, distributing, and delivering''.
amendment no. 193 offered by mr. pocan of wisconsin
Page 106, strike line 4 and insert
``(7) 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.''.
amendment no. 194 offered by ms. porter of california
On page 848, line 6, strike ``, and freedom from
coercion;'' and insert ``, freedom from coercion, and a
unified response to the threat of climate change;''.
amendment no. 195 offered by ms. porter of california
Page 1157, line 20, strike ``and'' at the end.
Page 1157, line 23, strike the period at the end and insert
``; and''.
Page 1157, after line 23 insert the following:
(L) an analysis of national security threats posed to the
Pacific Islands by climate change.
amendment no. 196 offered by ms. porter of california
Page 1660, after line 6, insert the following:
SEC. 71003. 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.
amendment no. 200 offered by ms. pressley of massachusetts
Page 214, after line 22, insert the following:
(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.
amendment no. 201 offered by ms. pressley of massachusetts
Page 226, line 5, strike ``and'' at the end.
Page 226, line 8, strike the period and insert ``; and''.
Page 226, after line 8, insert the following:
(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.
amendment no. 205 offered by ms. ross of north carolina
Page 1710, line 22, insert after ``physical sciences,'' the
following: ``health professions and related programs,''.
amendment no. 207 offered by ms. ross of north carolina
At the end of title XI of division H, add the following:
SEC. 71104. 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.
amendment no. 208 offered by ms. ross of north carolina
Page 748, strike lines 3 and 4, and insert the following:
(F) Advanced communications technology (including optical
transmission components) and educational technology.
amendment no. 209 offered by mr. ruppersberger of maryland
At the end of division E, add the following new section:
SEC. 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.
amendment no. 210 offered by mr. rush of illinois
Page 68, strike lines 13 and 14 and insert the following:
(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
Page 69, after line 11, insert the following:
(4) 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''.
[[Page H859]]
Page 69, line 12, strike ``(4)'' and insert ``(5)''.
amendment no. 213 offered by ms. scanlon of pennsylvania
Page 287, after line 17, insert the following:
(4) 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.
amendment no. 214 offered by ms. scanlon of pennsylvania
Page 579, line 10, by inserting ``the top five'' before
``leading''.
amendment no. 215 offered by mr. schneider of illinois
Page 785, after line 11, insert the following:
SEC. 20214. 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.
amendment no. 216 offered by ms. schrier of washington
Page 607, after line 23, insert the following:
``(4) 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.
amendment no. 218 offered by mr. sherman of california
At the end of division G insert the following:
TITLE XI--DISCLOSURE REQUIREMENTS RELATING TO CERTAIN EXEMPTED
TRANSACTIONS
SEC. 61101. 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:
``SEC. 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.
Amendment No. 219 Offered by Ms. SHERRILL of New Jersey
At the end of division E, add the following:
SEC. 40103. 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.
Amendment No. 220 Offered by Ms. SHERRILL of New Jersey
Page 199, line 23, strike ``Atmospheric Administration
and'' and insert ``Atmospheric Administration,''.
Page 199, line 24, after ``Agency'' insert the following:
``the National Aeronautics and Space Administration, the
National Science Foundation, and other Federal agencies, as
appropriate,''.
Page 200, line 5, after ``systems'' insert the following:
``placed in-situ and on space-based platforms''.
Page 201, line 4, strike ``and''.
Page 201, line 13, strike the period and insert a
semicolon.
Page 201, after line 13, insert the following:
``(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.''.
Page 201, line 22, insert ``from in-situ and space-based
platforms'' before the period at the end.
Page 204, line 2, after ``including'', insert the following
``academia''.
Page 204, line 3, strike ``and local officials'' and insert
``local officials, and international partners''.
Page 222, line 16, strike ``and agility'' and insert
``agility, and interference mitigation methods''.
Amendment No. 221 Offered by Ms. SHERRILL of New Jersey
At the end of title III of division C, add the following:
SEC. 20303. 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
[[Page H860]]
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.
Amendment No. 222 Offered by Ms. SHERRILL of New Jersey
Page 189, after line 5, insert the following:
SEC. 10115. 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.
Amendment No. 223 Offered by Ms. SHERRILL of New Jersey
Page 2005, after line 2, insert the following:
TITLE V--CRITICAL SUPPLY CHAIN SECTORS APPRENTICESHIPS GRANTS
SEC. 90501. 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.
Amendment No. 224 Offered by Ms. SHERRILL of New Jersey
Page 1453, after line 11, insert the following:
SEC. 40103. 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.
Amendment No. 225 Offered by Ms. SHERRILL of New Jersey
At the end of title VI of division B, add the following:
Subtitle G--Better Energy Storage Technology
SEC. 10671. 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''.
Amendment No. 226 Offered by Mr. smith of washington
Add at the end of title III of division I the following:
SEC. 80306. 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:
``SEC. 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.
amendment no. 227 offered by mr. soto of florida
Page 76, before line 14, add the following new section:
SEC. 10003. 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''.
amendment no. 228 offered by mr. soto of florida
At the end of division J, add the following new title:
TITLE V--AI JOBS ACT OF 2021
SEC. 90501. 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.
[[Page H861]]
SEC. 90502. 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.
SEC. 90503. 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).
amendment no. 231 offered by ms. spanberger of virginia
Page 1848, line 21, insert ``transportation,'' before ``and
other sectors''.
amendment no. 232 offered by ms. spanberger of virginia
At the end of subtitle A of title II of division D, add the
following:
SEC. 30219H. 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.
amendment no. 233 offered by ms. spanberger of virginia
Page 689, line 12, before the period, insert the following:
``, including the effect on consumer prices, job losses,
national security, or economic competitiveness''.
amendment no. 234 offered by ms. speier of california
Page 526, strike line 8.
Page 526, line 12, strike the period and insert ``; and''.
Page 526, after line 12, insert the following:
(3) take into consideration any reports filed under
subsection (d)(1) when issuing grant awards, cooperative
agreements, or contracts.
amendment no. 236 offered by ms. stansburg of new mexico
Add at the end of title III of division B the following new
section:
SEC. 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.
amendment no. 241 offered by ms. strickland of washington
At the end of title VI of division K, add the following:
SEC. 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.
amendment no. 242 offered by mr. swallwell of california
At the end of title V of division D, insert the following:
SEC. 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.
[[Page H862]]
(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).
amendment no. 243 offered by mr. takano of california
At the end of title III of division C, add the following:
SEC. 20303. 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).''.
SEC. 20304. 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.
amendment no. 245 offered by mr. tonko of new york
At the end of title III of division C, add the following:
SEC. 20303. 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:
``SEC. 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
[[Page H863]]
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.''.
amendment no. 246 offered by mrs. torres of california
Page 1038, line 5, insert ``, including for indigenous and
African-descendant communities'' before the semicolon.
Page 1038, line 15, insert ``, including for indigenous and
African-descendant communities'' before the semicolon.
Page 1039, line 6, insert ``national, regional, and local''
after ``strengthen''.
amendment no. 247 offered by mrs. torres of california
In section 30247, add at the end the following:
(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.
amendment no. 248 offered by mrs. torres of california
Page 1047, line 3, strike ``and'' after the semicolon.
Page 1047, line 6, strike the period and insert ``; and''.
Page 1047, beginning line 7, insert the following:
(10) support and promote programs that support independent
judicial sectors, anti-corruption efforts, rule of law
activities, and good governance.
amendment no. 250 offered by mrs. trahan of massachusetts
Page 141, strike ``$50,000,000'' and insert
``$100,000,000''.
Page 142, strike lines 15 through 20 and insert the
following:
(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.''.
Page 151, line 5, strike ``$1,095,707,000'' and insert
``$1,190,707,000''.
Page 151, line 6, strike ``$1,129,368,490'' and insert
``$1,364,368,490''.
Page 151, line 7, strike ``$1,149,042,284'' and insert
``$1,404,042,284''.
Page 151, line 8, strike ``$1,243,097,244'' and insert
``$1,398,097,244''.
Page 187, strike lines 5 through 8 and insert the
following:
``(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.''.
amendment no. 251 offered by mrs. trahan of massachusetts
Page 829, after line 23 insert the following:
SEC. 20419. 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).
amendment no. 252 offered by ms. underwood of illinois
Page 490, strike line 4.
Page 490, after line 3, insert the following:
(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
[[Page H864]]
Page 490, line 5, strike ``(x)'' and insert ``(xi)''.
amendment no. 253 offered by ms. velazquez of new york
At the end of title VI of division B, insert the following
new subtitle:
Subtitle G--SBIR, STTR, and Pilot Extensions
SEC. 10671. 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''.
amendment no. 254 offered by mr. welch of vermont
Page 766, after line 18, add the following:
(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).
amendment no. 257 offered by ms. wild of pennsylvania
Insert after section 30226 the following:
SEC. 30227. 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.
amendment no. 259 offered by ms. williams of georgia
Page 504, line 20, after ``research,'', insert ``facilitate
professional development, and provide mentorship''.
Page 508, line 2, after ``grant proposals'', insert ``and
how to bolster grant management capacity for the entire grant
lifecycle, from application to completion''.
The SPEAKER pro tempore. Pursuant to House Resolution 900, the
gentlewoman from Texas (Ms. Johnson) and the gentleman from Texas (Mr.
Babin) each will control 10 minutes.
The Chair recognizes the gentlewoman from Texas.
Ms. JOHNSON of Texas. Madam Speaker, I yield myself such time as I
may consume.
We have examined all of the amendments. I support them all, and I
reserve the balance of my time.
Mr. BABIN. Madam Speaker, this bloc of amendments includes nearly
every single Democrat amendment that was made in order by the Rules
Committee. I can't pretend to know why these particular amendments were
made in order because that decision was made behind closed doors rather
than in a bipartisan manner.
I will say that the sheer number of amendments being considered en
bloc shows that even Members of the Speaker's own party didn't have the
chance to contribute to the underlying bill until now.
I will also say that, unfortunately, most of these provisions take a
bad bill and simply make it worse. These amendments add studies on
declining salmon populations, direct USDA to research fake meat, and
establish an entirely new institute to focus on zero-emission
locomotives.
Whether or not any of these are worthy policies, I think we can all
agree that they do not belong in a legislative package meant to address
the threat of the Chinese Communist Party and to make America more
competitive globally.
America's economic success for generations has been driven by our
investment in transformational basic research. The Chinese Communist
Party wants to copy that success and take over as the global leader in
science and technology. They are investing more money in R&D than we
are and graduating many more STEM professionals than we are as well.
They have a laser focus on surpassing the United States and reaping
the economic and national defense benefits that come with technological
superiority.
They aren't wasting time on fake meat and trains, and we should not
be either.
I urge my colleagues to oppose these amendments, and I yield back the
balance of my time.
Ms. JOHNSON of Texas. Madam Speaker, I yield back the balance of my
time.
Mr. SHERMAN. Madam Speaker, I include in the Record the accompanying
three letters from Americans for Financial Reform, the Consumer
Federation of America, and Public Citizen, which express support for my
amendment, No. 573, which was included in En Bloc amendment No. 1 to
H.R. 4521.
Americans for
Financial Reform,
February 2, 2022.
Dear Members of the Committee: Americans for Financial
Reform support Chairman Sherman's amendments to amend H.R.
4521, the America COMPETES Act.
We support Representative Sherman's amendments that would
close some of the gaps that allow covered companies to escape
from financial reporting requirements with the Securities and
Exchange Commission through exemptions in Regulation D,
Regulation S, and Rule 144A. This would increase transparency
and accountability.
The amendment would require identification of:
Issuer
Issuer's place of incorporation
Amount of issuance
Principal beneficiaries of issuer
Use of proceeds, including each country and industry where
proceeds are invested.
Sincerely,
Americans for Financial Reform.
____
Consumer Federation of America,
February 2, 2022.
Re Support for Amendment #573 to H.R. 4521.
Hon. Brad Sherman,
Washington, DC.
Dear Congressman Sherman: On behalf of the Consumer
Federation of America (CFA), I am writing to express support
for your amendment to H.R. 4521, the America COMPETES Act of
2022. By requiring certain privately held issuers to disclose
basic information to the U.S. Securities and Exchange
Commission (SEC), your amendment will promote additional
transparency in the ``private placement'' market and enhance
investor protection.
CFA has long been concerned about the rapid expansion and
relative opacity of the private securities markets. Under the
current exempt offering framework, foreign and domestic
issuers can access virtually unlimited amounts of private
capital without ever having to register with the SEC or
engage in ongoing reporting under the Securities Exchange Act
of 1934. Moreover, many other stakeholders, including state
securities regulators, SEC Commissioners, leading academics
and practitioners, and others--have echoed CFA's concerns in
this regard.
In December of 2020, Congress passed the Holding Foreign
Companies Accountable Act, which requires that any U.S.
exchange-listed foreign company be delisted if, for three
consecutive years, the PCAOB is unable to inspect the primary
auditor of that company. As hearings held by the House
Financial Services Subcommittee on Investor Protection,
Entrepreneurship and Capital Markets have established, in the
event that foreign issuers--and especially issuers based in
the People's Republic of China (PRC), are prevented from
listing on U.S. securities exchanges pursuant to the Holding
Foreign Companies Accountable Act, it is possible and indeed
likely that such issuers may attempt to utilize the exempt
offering framework as a means to continue to raise large
amounts of capital from U.S. investors. Your amendment
anticipates this possibility and takes important steps to
prevent it.
In summary, your amendment will enact important reforms to
the exempt offering framework to enhance transparency for the
investing public with respect to privately issued securities
sold by foreign issuers. Such reforms are commendable in-and-
of themselves. Your amendment would also compliment the
Holding Foreign Companies Accountable Act by making it more
difficult for foreign issuers to ignore its requirements
while continuing to raise capital from U.S. investors. For
those reasons, CFA is pleased to support your amendment.
Thank you for your attention to CFA's views. Please do not
hesitate to contact me should you have any questions.
Sincerely,
Dylan Bruce,
Financial Services Counsel,
Consumer Federation of America.
[[Page H865]]
____
Public Citizen,
Washington, DC, February 2, 2022.
Hon. Nancy Pelosi,
Speaker, House of Representatives,
Washington DC.
Dear Speaker Pelosi: On behalf of more than 500,000 members
and supporters of Public Citizen, we support an amendment
sponsored by Rep. Brad Sherman (D-Calif) to the ``America
COMPETES Act'' regarding disclosure requirements of certain
securities transactions, including those involving Chinese
corporations.
Currently, foreign companies that wish to raise capital in
American securities markets may do so through a number of
exemptions (Rule 506(b), Regulation S, or Rule 144a) that
allow them to avoid basic disclosures that apply to standard
securities. In fact, more than 60 percent of capital raised
in US securities markets is generated under one of these
exemptions, according to a report from the Securities and
Exchange Commission (SEC). As a matter of national security
and basic investor protection, we believe that improved
disclosure is warranted.
The Sherman Amendment would require firms using one of
these exemptions to disclose: the place of incorporation of
the issuer; the amount of capital raised; the principal
beneficial owners; the intended use of the proceeds; each
country in which the issuer intends to invest the proceeds;
and each industry in which the issuer intends to invest such
proceeds. This amendment will apply to transactions of more
than $25 million, or those the aggregate to more than $50
million in a one-year period. Finally, the SEC must report to
the House Financial Services Committee all those transactions
that relate either to a firm incorporated in the People's
Republic of China or maintains significant entities within
China that are consolidated in the parent company.
We believe these additional disclosures will be valuable to
investors as well as those responsible for national security
to better understand how American capital is deployed.
For questions, please contact Bartlett Naylor.
Sincerely,
Public Citizen.
The SPEAKER pro tempore. Pursuant to House Resolution Number 900, the
previous question is ordered on the amendments en bloc offered by the
gentlewoman from Texas (Ms. Johnson).
The question is on the amendments en bloc.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. BABIN. Madam Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
Amendments En Bloc No. 2 Offered by Ms. Bonamici of Oregon
Ms. BONAMICI. Madam Speaker, as the designee of Chairwoman Johnson,
pursuant to House Resolution 900, I offer amendments en bloc.
The SPEAKER pro tempore. The Clerk will designate the amendments en
bloc.
Amendments en bloc 2 consisting of amendment Nos. 8, 15, 18, 25, 44,
47, 51, 52, 53, 54, 55, 57, 59, 60, 62, 76, 78, 81, 82, 83, 88, 95,
100, 101, 107, 111, 114, 117, 118, 119, 120, 135, 137, 162, 174, 178,
187, 197, 202, 203, 204, 206, 211, 212, 229, 230, 235, 237, 238, 249,
255, 256, and 258 printed in part D of House Report 117-241, offered by
Ms. Bonamici of Oregon:
amendment no. 8 offered by mr. banks of indiana
Insert after section 30325 the following:
SEC. 30326. 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).
(b) Public Availability of Information.--The report
required under this section shall be made available on a
publicly available website of the Federal Government.
(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 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.
amendment no. 15 offered by ms. bonamici of oregon
Page 641, after line 22, insert the following:
Subtitle G--Coastal and Ocean Acidification Stressors and Threats
Research
SECTION 10671. 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''.
SEC. 10672. 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.--''.
SEC. 10673. 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.''.
SEC. 10674. 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)--
[[Page H866]]
(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.''.
SEC. 10675. 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
[[Page H867]]
(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.''.
SEC. 10676. 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;
[[Page H868]]
``(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.''.
SEC. 10677. 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.''.
SEC. 10678. 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.''.
SEC. 10679. 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.''.
amendment no. 18 offered by ms. bonamici of oregon
Page 1668, after line 13, insert the following:
TITLE XII--BLUE CARBON FOR OUR PLANET
SEC. 71201. 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 71204(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.
SEC. 71202. 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;
[[Page H869]]
(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.
SEC. 71203. 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 71202(e)(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 71202(e) 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.
SEC. 71204. 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.
SEC. 71205. 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.
SEC. 71206. 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.
amendment no. 25 offered by mr. budd
Insert after section 30258 the following:
SEC. 30259. 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
[[Page H870]]
sanctions, especially in the financial, technological, and
energy sectors.
amendment no. 44 offered by mr. chabot of ohio
Page 1668, after line 13, insert the following:
SEC. 71104. 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.''.
amendment no. 47 offered by mr. cohen of tennessee
Add at the end of title III of division I the following:
SEC. 80306. 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.
Add at the end of division I the following:
TITLE IV--CRIMINAL PROVISIONS
SEC. 80401. 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:
[[Page H871]]
``Sec. 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.
amendment no. 51 offered by ms. craig of minnesota
Add at the end of division J the following:
TITLE V--SUPPORTING APPRENTICESHIP COLLEGES ACT OF 2021
SEC. 90501. 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.
SEC. 90502. 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 90501.
(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.
SEC. 90503. 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
[[Page H872]]
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.
amendment no. 52 offered by ms. craig of minnesota
Page 743, after line 16, insert the following (and
redesignate the succeeding section accordingly):
SEC. 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.
amendment no. 53 offered by mr. crenshaw of texas
Insert after section 30219G the following:
SEC. 30219H. 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.
amendment no. 54 offered by mr. crenshaw of texas
Insert after section 30219G the following:
SEC. 30219H. 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.
amendment no. 55 offered by mr. crenshaw of texas
Insert after section 30219G the following:
SEC. 30219H. 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.
amendment no. 57 offered by mr. curtis of utah
Page 1248, after line 15, insert the following:
(_) 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.
amendment no. 59 offered by mr. rodney davis of illinois
At the end of title I of division C, add the following:
SEC. 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).
amendment no. 60 offered by ms. delauro of connecticut
On Page 1668, after Line 13, insert the following:
SEC. 71104. 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.
amendment no. 62 offered by ms. delbene of washington
Page 1428, line 21, insert ``or aircraft'' after ``motor
vehicle''.
amendment no. 76 offered by ms. eshoo of california
Add at the end of division F the following new section:
SEC. 50105. 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:
``SEC. 2220D. ANNUAL CYBERSECURITY REPORT FOR SMALL ENTITIES.
``(a) Definitions.--
[[Page H873]]
``(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.
amendment no. 78 offered by mr. fallon of texas
Insert after section 30128 the following:
SEC. 30129. 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.
amendment no. 81 offered by mr. fitzgerald of wisconsin
Page 1689, after line 4, insert the following:
SEC. 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.
[[Page H874]]
amendment no. 82 offered by mr. fortenberry of nebraska
Page 1668, after line 13, insert the following:
TITLE XII--ELIMINATE, NEUTRALIZE, AND DISRUPT WILDLIFE TRAFFICKING
REAUTHORIZATION AND IMPROVEMENTS
SEC. 71201. 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 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.
SEC. 17202. 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''.
SEC. 17203. 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).
SEC. 17204. 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.
SEC. 17205. 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.
[[Page H875]]
``(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.''.
amendment no. 83 offered by mr. foster of illinois
Page 641, after line 22, insert the following:
Subtitle G--National Nuclear University Research Infrastructure
Reinvestment
SEC. 10671. SHORT TITLE.
This subtitle may be cited as the ``National Nuclear
University Research Infrastructure Reinvestment Act of
2021''.
SEC. 10672. 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
SEC. 10673. 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.''.
SEC. 10674. 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 Consoli5
dated 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
[[Page H876]]
``(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)); and
``(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).''.
SEC. 10675. 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''.
amendment no. 88 offered by mr. gallagher of wisconsin
At the end of division E of title VI, add the following new
section:
SEC. 40103. 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--
[[Page H877]]
(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.
amendment no. 95 offered by miss gonzalez-colon of puerto rico
Page 407, after line 25, insert the following:
SEC. 10310. 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.
[[Page H878]]
(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.
amendment no. 100 offered by mr. gottheimer of new jersey
Page 1115, after line 6, add the following:
(P) opportunities of potential partnership with Israel and
other regional nations in areas such as technological
cooperation in areas critical to national security.
amendment no. 101 offered by mr. gottheimer of new jersey
At the end of subtitle D of title I of division D, add the
following:
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.
(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 20208(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.
amendment no. 107 offered by mrs. hayes of connecticut
At the end of title III of division B, add the following:
SEC. 10310. 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).
amendment no. 111 offered by mr. hill of arkansas
Add at the end of division I the following:
TITLE IV--OTHER MATTERS
SEC. 80401. 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:
``Sec. 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.''.
[[Page H879]]
(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.''.
amendment no. 114 offered by ms. houlahan of pennsylvania
Page 785, insert after line 11 the following:
Subtitle C--Defense Supply Chain Risk Management
SEC. 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.
amendment no. 117 offered by mr. issa of california
Page 756, after line 12, add the following:
SEC. 20209. 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.
amendment no. 118 offered by Mr. Jackson of texas
At the end of subtitle B of title I, add the following:
SEC. 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.
amendment no. 119 offered by mr. jackson of texas
Page 1218, after line 6, insert the following:
(2) remove Israel as a permanent agenda item and to bring
an end to the ``Commission of Inquiry'' to investigate the
State of Israel;
amendment no. 120 offered by mr. jackson of texas
Page 1249, after line 2, insert the following:
(5) not hold future Olympic games in countries that are
committing genocide;
Amendment No. 135 Offered by Mr. Lamb of Pennsylvania
Page 641, after line 22, insert the following:
Subtitle G--Steel Upgrading Partnerships and Emissions Reduction
SEC. 10671. 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:
``SEC. 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;
[[Page H880]]
``(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.''.
Amendment No. 137 Offered by Mr. Langevin of Rhode Island
Add at the end of division F the following:
SEC. 50105. 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:
``SEC. 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
[[Page H881]]
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.''.
Amendment No. 162 Offered by Mr. McKinley of West Virginia
Page 790, beginning on line 22, amend subsection (e) to
read as follows:
(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.
Amendment No. 174 Offered by Mr. Pappas of New Hampshire
At the end of title VI of division D, add the following:
SEC. 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.
Amendment No. 178 Offered by Mr. Perlmutter of Colorado
In division G, add at the end the following:
TITLE XI--SAFE BANKING
SEC. 61101. 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 XI--SAFE BANKING
Sec. 61101. Short title; table of contents; purpose.
Sec. 61102. Safe harbor for depository institutions.
Sec. 61103. Protections for ancillary businesses.
Sec. 61104. Protections under Federal law.
Sec. 61105. Rules of construction.
Sec. 61106. Requirements for filing suspicious activity reports.
Sec. 61107. Guidance and examination procedures.
Sec. 61108. Annual diversity and inclusion report.
Sec. 61109. GAO study on diversity and inclusion.
Sec. 61110. GAO study on effectiveness of certain reports on finding
certain persons.
Sec. 61111. Application of this title with respect to hemp-related
legitimate businesses and hemp-related service providers.
Sec. 61112. Banking services for hemp-related legitimate businesses and
hemp-related service providers.
Sec. 61113. Requirements for deposit account termination requests and
orders.
Sec. 61114. Definitions.
Sec. 61115. 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
[[Page H882]]
and reducing the amount of cash at such businesses.
SEC. 61102. 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.
SEC. 61103. 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
61114(4)(B) conducted by a cannabis-related legitimate
business; or
(B) activities described in section 61114(13)(A) conducted
by a service provider.
SEC. 61104. 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.
SEC. 61105. 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.).
SEC. 61106. 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
[[Page H883]]
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 61114 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 61114 of the SAFE
Banking Act of 2022.
``(vi) Service provider.--The term `service provider' has
the meaning given that term in section 61114 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.''.
SEC. 61107. 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.
SEC. 61108. 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.
SEC. 61109. 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.
SEC. 61110. 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.
SEC. 61111. 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 61106 and 61110) 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.
SEC. 61112. 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 61111.
SEC. 61113. 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.--
[[Page H884]]
(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.
SEC. 61114. 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.
SEC. 61115. 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.
amendment no. 187 offered by mr. pfluger of texas
At the end of title VI of division D, add the following:
SEC. 30613. 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.
[[Page H885]]
amendment no. 197 offered by mr. posey of florida
Page 632, line 10, strike ``; and'' and insert a semicolon.
Page 632, line 18, strike the period and insert ``; and''.
Page 632, after line 18, insert the following:
(9) methods and techniques for domestic processing of
materials for microelectronics and their components.
amendment no. 202 offered by mr. quigley of illinois
At the end of division D, add the following:
TITLE VII--PREVENTING FUTURE PANDEMICS
SEC. 30701. SHORT TITLE.
This title may be cited as the ``Preventing Future
Pandemics Act of 2022''.
SEC. 30702. 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.
SEC. 30703. 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.
SEC. 30704. 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 30703, 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.
SEC. 30705. 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.
SEC. 30706. 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;
[[Page H886]]
(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.
SEC. 30707. 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 30704, 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 30706, 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
[[Page H887]]
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 30706
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 30703 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 30704 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.
SEC. 30708. 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 30707;
(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
[[Page H888]]
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.
SEC. 30709. 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.
amendment no. 203 offered by mr. reschenthaler of pennsylvania
At the end of division B, add the following:
Subtitle G--National Academies Science, Technology, and Security
Roundtable
SEC. 10671. 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''.
amendment no. 204 offered by mr. reschenthaler of pennsylvania
Page 697, line 5, strike ``and semiconductors'' and insert
``, semiconductors, and rare earth permanent magnets''.
amendment no. 206 offered by ms. ross of north carolina
Add at the end the following:
DIVISION M--EMERGING TECHNOLOGY LEADS
SEC. 120001. 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--
[[Page H889]]
(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.
amendment no. 211 offered by mr. ryan of ohio
Page 756, insert after line 12 the following:
SEC. 20209. 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.
[[Page H890]]
(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
[[Page H891]]
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.
Amendment No. 212 Offered by Ms. SALAZAR of Florida
Add at the end of part 1 of subtitle D of title II of
division D the following:
SEC. __. 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.
Amendment No. 229 Offered by Mr. SOTO of Florida
Page 641, after line 22, insert the following:
Subtitle G--Additional Provisions
SEC. 10671. 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.
Amendment No. 230 Offered by Ms. SPANBERGER of Virginia
Insert after section 30219G the following
SEC. 30219H. 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.
amendment no. 235 offered by ms. stansbury of new mexico
Page 641, after line 22, insert the following:
Subtitle G--Partnerships for Energy Security and Innovation
SEC. 10671. 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
[[Page H892]]
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
[[Page H893]]
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--
[[Page H894]]
(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.
amendment no. 237 offered by mr. stauber of minnesota
Page 985, after line 10, insert the following:
(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.
amendment no. 238 offered by mrs. steel of california
Page 1341, after line 19, add the following:
(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.
amendment no. 249 offered by mrs. torres of california
Page 256, line 20, after ``Database'', insert ``, subject
to the availability of appropriations''.
Page 257, line 14, after ``program'', insert ``or its
designee''.
Page 257, after line 24, insert the following:
(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.
Page 258, line 1, strike ``(3)'' and insert ``(7)''.
Page 258, line 21, insert at the end the following: ``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.''
Page 258, strike line 22 through page 259, line 2, and
insert the following:
(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.
amendment no. 255 offered by mr. wenstrup of ohio
At the appropriate place in division D, insert the
following:
SEC. __. 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.
amendment no. 256 offered by ms. wild of pennsylvania
Page 1023, after line 3, add the following:
SEC. 30227. 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
[[Page H895]]
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.
amendment no. 258 offered by ms. williams of georgia
Add at the end of the bill the following:
DIVISION M--COMMITTEE ON SMALL BUSINESS
SEC. 110001. 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:
``SEC. 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.''.
The SPEAKER pro tempore. Pursuant to House Resolution 900, the
gentlewoman from Oregon (Ms. Bonamici) and the gentleman from Texas
(Mr. Babin) each will control 10 minutes.
The Chair recognizes the gentlewoman from Oregon.
Ms. BONAMICI. Madam Speaker, I yield myself 1 minute.
Madam Speaker, this is a package of en bloc amendments that are
bipartisan. It includes the amendment that I offered with
Representative Gonzalez-Colon and Representative Posey for the Federal
Ocean Acidification Research and Monitoring Act, which is very
important to address ocean acidification, and also the amendment I
offered with Mr. Posey to create an interagency working group on blue
carbon led by NOAA to oversee the development of a national map of blue
carbon ecosystems.
This package of amendments will improve the very important America
COMPETES Act, and I urge its passage.
Madam Speaker, I reserve the balance of my time.
Mr. BABIN. Madam Speaker, I yield myself such time as I may consume.
This bloc of amendments we are now considering includes 51 bipartisan
provisions that were handpicked by the Rules Committee and Democrat
leadership out of more than 600 amendments that Members submitted for
consideration.
I appreciate these Members taking a page out of the Science, Space,
and Technology Committee's playbook and working across the aisle to try
to move these provisions forward.
{time} 1730
If the entire bill had been done in this way, we would certainly have
a more focused and effective legislation that could have garnered
bipartisan support.
This block of amendments includes several provisions that have gone
through the proper channels of being marked up and reported out of the
committee.
Unfortunately, it also includes provisions that have not gone through
regular order. Members weren't given the opportunity to review,
improve, and vote on these policies in committee. Having a Democrat and
Republican cosponsor an amendment does not mean they are fully vetted
or bipartisan either.
But by tossing together a massive partisan package, the Speaker has
made it clear that she does not value regular order. And by ignoring
regular order, she has limited Member input. So Members feel the need
to take advantage of any opportunity to move their priorities, even if
they have nothing to do with increasing our competitiveness with China.
Much like the expansive jurisdictional reach of this legislation,
this block of amendments is simply a smorgasbord of policies, and they
would best be considered individually rather than en bloc.
I will leave it to the amendment sponsors to explain why Members
should support this en bloc.
Madam Speaker, I reserve the balance of my time.
Ms. BONAMICI. Madam Speaker, we have no further speakers, but I want
to address the package of en bloc amendments.
Again, these amendments will improve the America COMPETES Act, which
is so important for United States leadership and to incentivize and
ramp up U.S. manufacturing. It is a very important bill, strengthened
by this en bloc amendment, and I urge its passage.
Madam Speaker, I reserve the balance of my time.
Mr. BABIN. Madam Speaker, I yield back the balance of my time.
Ms. BONAMICI. Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. Pursuant to House Resolution 900, the
previous question is ordered on the amendments en bloc offered by the
gentlewoman from Oregon (Ms. Bonamici).
The question is on the amendments en bloc.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. CLYDE. Madam Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
Amendments En Bloc No. 3 Offered by Ms. Lofgren of California
Ms. LOFGREN. Madam Speaker, as the designee of Chairwoman Johnson,
pursuant to House Resolution 900, I offer amendments en bloc.
The SPEAKER pro tempore. The Clerk will designate the amendments en
bloc.
Amendments en bloc No. 3 consisting of amendment Nos. 6, 7, 13, 26,
27, 28, 29, 30, 37, 45, 79, 80, 92, 94, 96, 106, 110, 116, 121, 155,
164, 165, 180, 181, 182, 183, 185,
[[Page H896]]
186, 188, 198, 199, 217, 240, 244 and 261, printed in part D of House
Report 117-241, offered by Ms. Lofgren of California:
Amendment No. 6 Offered by Mr. Balderson of Ohio
Strike section 30606.
Strike section 30609.
Amendment No. 7 Offered by Mr. Balderson of Ohio
Add at the end the following:
DIVISION M--COMPRESSED GAS CYLINDER SAFETY AND OVERSIGHT IMPROVEMENTS
SEC. 120001. DEFINITIONS.
In this division, the following definitions apply:
(1) Foreign manufacturer of cylinders; fmoc.--The terms
``foreign manufacturer of cylinders'' and ``FMOC'' mean an
entity that manufactures cylinders outside of the United
States intended to be represented, marked, certified, or sold
as qualified for use in transporting hazardous material in
commerce in the United States.
(2) In good standing.--The term ``in good standing'' means
an FMOC that--
(A) is has been authorized by the Secretary pursuant to
section 107.807 of title 49, Code of Federal Regulations; and
(B) has demonstrated 3 years of compliance with section 107
of title 49, United States Code, and chapter 51 of title 49,
United States Code.
(3) Cylinder.--The term ``cylinder'' means any cylinder
specified under sections 178.36 through 178.68 of title 49,
Code of Federal Regulations.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
SEC. 120002. AUTHORIZATION OF FOREIGN MANUFACTURER OF
CYLINDERS.
(a) In General.--The Secretary shall issue regulations to
provide that an authorization provided to an FMOC pursuant to
section 107.807 of title 49, Code of Federal Regulations, or
any similar successor regulation, shall be for a period of
not longer than 1 year, except as provided for in subsection
(b).
(b) 5-Year Authorization.--The Secretary may approve a 5-
year authorization of an FMOC pursuant to such section if the
following requirements are met:
(1) The FMOC attests that none of the cylinders made by
such manufacturer are prohibited from entry to the United
States under section 307 of the Tariff Act of 1930 (19 U.S.C.
1307).
(2) The FMOC certifies that--
(A) the information provided pursuant to section 120006 is
accurate; and
(B) the FMOC has a proactive responsibility to inform the
Secretary if any such information materially changes.
(3) The FMOC provides proof of the minimum financial
responsibility required under section 120003.
(4) The Secretary determines the FMOC is in good standing.
(c) Facility Inspections.--
(1) Penalties.--The Secretary may suspend or terminate an
authorization of an FMOC described in this division if such
FMOC obstructs or prevents the Secretary from carrying out an
inspection under section 107.807(c) of title 49, Code of
Federal Regulations.
(2) Definition of obstructs.--For the purposes of this
subsection, the term ``obstructs'' means taking actions that
are known, or reasonably should be known, to prevent, hinder,
or impede an inspection.
(d) Interaction With Other Statutes, Agreements,
Regulations.--Nothing in this section may be construed to
prevent the harmonization of cylinder standards otherwise
authorized by law or regulation.
(e) Other Cause for Suspension or Termination.--The
Secretary may suspend or terminate an authorization of an
FMOC described in this division upon determination that the
FMOC knowingly or intentionally misrepresented responses to
the Secretary required by law or regulation or the
requirements of sections 120003 and 120006.
SEC. 120003. PROOF OF MINIMUM FINANCIAL RESPONSIBILITY
REQUIRED AT TIME OF APPLICATION.
Not later than 180 days after the date of enactment of this
Act, the Secretary shall issue such regulations as are
necessary to establish minimum levels of financial
responsibility required for entities to receive approval
pursuant to section 107.807 of title 49, Code of Federal
Regulations.
SEC. 120004. REEVALUATION BY REQUEST FOR RELATED VIOLATIONS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall issue such
regulations as necessary to establish a process for any
interested party to request a reevaluation of the
authorization of FMOC cylinders under section 107.807 of
title 49, Code of Federal Regulations, to review the accuracy
and safety of the actions of such manufacturer.
(b) Petition for Reevaluation.--Such regulations shall
allow an interested party to file a petition if such party
has evidence of inaccurate, changed, or fraudulent
attestations or responses made by an FMOC to the Secretary
under section 120002 or 120006.
SEC. 120005. NOTICE AND COMMENT FOR APPLICATIONS BY FOREIGN
MANUFACTURERS OF CYLINDERS.
Upon receipt of an application for approval under section
107.807 of title 49, Code of Federal Regulations, or any
similar successor regulation, the Secretary shall timely
publish notification of such application in the Federal
Register and provide 30 days for public comment on such
application prior to approval.
SEC. 120006. ADDITIONAL QUESTIONS TO ENSURE SAFETY AND
COMPLIANCE WITH DOT PROCESS.
(a) Additional Questions.--The Secretary shall require as
part of an application for approval pursuant to section
107.807 of title 49, Code of Federal Regulations, or any
similar successor regulation, that the applicant answer the
following questions:
(1) Whether the FMOC applying, or any entity controlling
more than 10 percent of such FMOC, has ever been subject to a
civil monetary penalty under title 49, United States Code,
relating to any actions carried out as an authorized FMOC or
during the application for authorization under such section.
(2) Whether the FMOC applying, or any entity controlling
more than 10 percent of such FMOC, has been delinquent in the
payment of any civil monetary penalties or other fines or
fees under title 49, United States Code.
(3) Whether the FMOC applying, or any entity controlling
more than 10 percent of such FMOC, is subject to the Do Not
Pay Initiative established under section 3354 of title 31,
United States Code, as of the date of application.
(4) Whether the FMOC applying, or any entity controlling
more than 10 percent of such FMOC, is listed in the Military
End User List of the Department of Commerce as of the date of
application.
(5) Whether the FMOC applying, or any entity controlling
more than 10 percent of such FMOC, is identified by the
Department of Defense as an entity listed under section 1237
of the Strom Thurmond National Defense Authorization Act for
Fiscal Year 1999 (50 U.S.C. 1701 note) as of the date of
application.
(6) Does the FMOC applying certify that the FMOC has the
requisite minimum financial responsibility as required in
section 120004, and that such financial responsibility will
continue throughout entirety of the requested authorization
period.
(7) Whether the FMOC applying, or any entity controlling
more than 10 percent of such FMOC, has been found guilty of a
criminal penalty or assessed a civil penalty under section
1760 John S. McCain National Defense Authorization Act for
Fiscal Year 2019 section (50 U.S.C. 4819).
(8) Whether the FMOC applying, or any entity controlling
more than 10 percent of such FMOC, is currently subject to a
final antidumping or countervailing duty order from the
Department of Commerce as of the date of application.
(b) Denial of Application.--The Secretary may deny an
application for approval under section 107.807 of title 49,
Code of Federal Regulations, based on the responses to the
questions required under subsection (a).
SEC. 120007. FOREIGN MANUFACTURERS LISTING APPROVALS.
Not less than 1 year after the date of enactment of this
Act, and annually thereafter, the Secretary shall publish and
maintain on the website of the Department of Transportation,
a list of authorized FMOCs and the duration of such
authorization.
SEC. 120008. AUTHORIZING FOREIGN INSPECTIONS.
Not less than 180 days after the date of enactment of this
Act, the Secretary shall update section 107.807(d) of title
49, Code of Federal Regulations, to--
(1) require that in any case in which the Associate
Administrator determines there is good cause, an inspection
under such section shall be carried out annually for such
duration as the Associated Administrator determines
appropriate;
(2) specify that a refusal of inspection under such section
shall result in a loss of a status of in good standing;
(3) allow the Associate Administrator to request at the
discretion of the Administrator, production of test and
production records and random sample testing; and
(4) allow for the recovery of all associated costs of
foreign inspections to include travel, time, and other costs,
as determined by the Secretary.
Amendment No. 13 Offered by Mrs. Bice of Oklahoma
Page 1393, after line 3, insert the following:
(d) Limitation.--None of the funds authorized in subsection
(b) shall be appropriated until the President submits to
Congress a report detailing the processes and analyses used
in, and participants to the process of, setting the United
States' emissions reduction target as part of the Nationally
Determined Contribution to the United Nations Framework
Convention on Climate Change.
Amendment No. 26 Offered by Mr. Burgess of Texas
Page 1689, strike line 7 and all that follows through line
24 on page 1707.
Amendment No. 27 Offered by Mr. Burgess of Texas
Page 788, line 7, strike ``75,000,000'' and insert
``375,000,000''.
Page 795, line 9, strike ``600,000,000'' and insert
``300,000,000''.
Amendment No. 28 Offered by Mr. Burgess of Texas
At the end of division C, insert the following new title:
TITLE V--ENVIRONMENTAL PROTECTION AGENCY
SEC. 20501. PUBLIC HEALTH SERVICE ACT HIRING AUTHORITY
RESTRICTED.
The Administrator of the Environmental Protection Agency
may not hire or pay the
[[Page H897]]
salary or expense of any officer or employee of the
Environmental Protection Agency under subsection (f) or (g)
of section 207 of the Public Health Service Act (42 U.S.C.
209) who is not already receiving pay under either such
subsection on the date of the enactment of this Act.
amendment no. 29 offered by mr. burgess of texas
Strike section 30609 (relating to building United States
economic growth and technological innovation through the
Green Climate Fund).
amendment no. 30 offered by mr. burgess of texas
At the appropriate place in subtitle A of title II of
division C, insert the following:
SEC. 20___. RESTRICTIONS ON CERTAIN FEDERAL DEPARTMENT OR
AGENCY RESPIRATOR MASK ACQUISITIONS.
Notwithstanding any other provision of law, no Federal
funds may be used by any Federal department or agency to
acquire KN-95 respirator masks produced or manufactured in
the People's Republic of China if N-95 respirator masks
produced or manufactured in the United States of satisfactory
quality with respect to safety standards are available in
sufficient and reasonably available commercial quantities.
amendment no. 37 offered by mrs. cammack of florida
Strike section 30609.
amendment no. 45 offered by ms. cheney of wyoming
Page 743, insert after line 16 the following (and
redesignate the subsequent provisions accordingly):
SEC. 20208. ENSURING CONSIDERATION OF THE NATIONAL SECURITY
IMPACTS OF URANIUM AS A CRITICAL MINERAL.
(a) In General.--The Secretary of Defense, in coordination
with the Secretary of Energy and the Secretary of Commerce,
shall conduct an assessment of the effect on national
security that would result from uranium ceasing to be
designated as a critical mineral by the Secretary of the
Interior under section 7002(c) of the Energy Act of 2020 (30
U.S.C. 1606(c)).
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees (as defined in
section 101(a) of title 10, United States Code) a report on
the findings of the assessment conducted under subsection
(a), including--
(1) the effects of the loss of domestic uranium production,
conversion, fabrication, and enrichment on--
(A) Federal national security programs, including any
existing and potential future uses of unobligated uranium
originating from domestic sources; and
(B) the energy security of the United States;
(2) a description of the extent of the reliance of the
United States on imports of uranium from foreign sources,
including from state-owned entities, to supply fuel for
commercial reactors; and
(3) the effects of such reliance and other factors on the
domestic production, conversion, fabrication, and enrichment
of uranium.
(c) Uranium Critical Mineral Designation Change
Restricted.--Notwithstanding section 7002(c) of the Energy
Act of 2020 (30 U.S.C. 1606(c)), until the submission of the
report required under subsection (b), the designation of
uranium as a critical mineral pursuant to such section may
not be altered or eliminated.
amendment no. 79 offered by mr. feenstra of iowa
At the end of title III of division C, add the following:
SEC. 20303. SUSTAINABLE AVIATION FUEL WORKING GROUP.
(a) Establishment.--The Secretary of Energy shall establish
a Sustainable Aviation Fuel Working Group, in this section
referred to as the ``Working Group''.
(b) Membership.--In establishing the Working Group, the
Secretary shall appoint members representing the following:
(1) The Bioenergy Technologies Office of the Department of
Energy.
(2) The Department of Agriculture.
(3) The commercial aviation alternative fuels initiative.
(4) The Federal Aviation Administration.
(5) The national labs.
(6) At least 4 current or future sustainable aviation fuel
producers representing 4 of the currently approved ASTM D7566
sustainable aviation fuel production pathways.
(7) A biorefinery.
(8) An engine original equipment manufacturer.
(9) Agriculture research universities.
(10) Canada.
(11) Mexico.
(c) Report.--Not later than 1 year after the date of
enactment of this section, the Working Group shall 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 a report that identifies the
research and development needs for each partner and cross-
fertilization program across Federal agencies necessary for
cost-competitive and equivalent safety compared to petroleum-
based jet fuel, while offering improved sustainability and
energy supply security for aviation.
amendment no. 80 offered by mr. fitzgerald of wisconsin
Page 866, line 10, strike ``and''.
Page 866, line 18, strike the period and insert ``; and''.
Page 866, beginning line 19, insert the following:
(H) include a description of clearly defined program
metrics, goals, targets, and planned outcomes for such
strategy, a plan to monitor and evaluate such strategy, and
progress made toward achieving such goals, targets, and
planned outcomes; and
(I) include a description that elaborates how the United
States Government will align strategic planning and
coordination with key allies and partners to effectively
respond to the PRC's Belt and Road Initiative, particularly
in the Indo-Pacific.
Amendment No. 92 Offered by Mr. Garcia of California
Page 2912, after line 4, insert the following:
DIVISION M--PROTECTING U.S. ENERGY SECURITY
SEC. 120001. PROHIBITION ON REDUCING ENERGY INDEPENDENCE.
This Act, and the amendments made by this Act, shall not
take effect until the date on which the Secretary of Energy,
in consultation with other Federal agencies as appropriate,
submits to Congress a certification that implementation of
this Act, and the amendments made by this Act, will not
reduce the energy security or energy independence of the
United States.
Amendment No. 94 Offered by Mr. Giminez of Florida
Page 2912, after line 4, insert the following:
DIVISION M--PROTECTING AMERICAN CONSUMERS
SEC. 120001. PROHIBITION ON RAISING ENERGY PRICES.
This Act, and the amendments made by this Act, shall not
take effect until the date on which the Secretary of Energy,
in consultation with other Federal agencies as appropriate,
submits to Congress a certification that implementation of
this Act, and the amendments made by this Act, will not
increase the average price of energy for American consumers
outside of normal market factors.
Amendment No. 96 Offered by Mr. Gooden of Texas
Page 1302, line 25, insert ``data servicing operations
owned by Chinese entities or'' before ``targeted digital
surveillance''.
Page 1304, after line 8, insert the following:
(_) Whether any Chinese entity that provides cloud
computing products or services is engaged in a joint venture
or servicing arrangement with a United States entity, and the
nature of such operations.
(_) Whether United States entities can operate freely in
the People's Republic of China and what, if any, restrictions
apply to the services and operations of such entities.
(_) Any support the Government of the People's Republic of
China provides to cloud computing entities in terms of
equipment and services that may act as a subsidy for such
operations.
Page 1307, after line 12, add the following:
(_) Chinese entity.--The term ``Chinese entity'' means an
entity organized under the laws of China or any jurisdiction
within China, including a foreign branch of such entity.
Amendment No. 106 Offered by Mr. Grotham of Wisconsin
Page 1384, beginning line 15, strike section 30609.
Amendment No. 110 Offered by Mr. Hill of Arkansas
Page 1853, line 2, strike ``and'' and insert ``or''.
Amendment No. 116 Offered by Mr. Issa of California
Strike title I of division J and insert the following:
TITLE I--INDUSTRY-RECOGNIZED APPRENTICESHIP PROGRAMS
SEC. 90101. INDUSTRY-RECOGNIZED APPRENTICESHIP PROGRAMS.
The final rule on ``Apprenticeship Programs, Labor
Standards for Registration, Amendment of Regulations''
(relating to industry-recognized apprenticeship programs)
published in the Federal Register by the Department of Labor
on March 11, 2020 (85 Fed. Reg. 14294 et seq.) shall have the
force and effect of law.
Amendment No. 121 Offered by Mr. Jackson of Texas
Strike section 30609.
Amendment No. 155 Offered by Mr. Luetkemeyer of Missouri
At the end of division G insert the following:
TITLE XI--STUDY ON LISTED COMPANIES IN UNITED STATES FINANCIAL PRODUCTS
SEC. 61101. IN GENERAL.
(a) Study.--Not later than 180 days after the date of the
enactment of this Act and annually for the 3 years
thereafter, the Securities and Exchange Commission, in
consultation with the Secretary of State and the Secretary of
the Treasury, shall conduct a study on the presence of listed
companies in the United States financial products.
(b) Report.--Not later than 30 days after the completion of
a study required under subsection (a), the Securities and
Exchange Commission shall submit a report to the Committee on
Banking, Housing, and Urban Affairs of the Senate and the
Committee on Financial Services of the House of
Representatives that includes--
(1) the name and provider of each exchange-traded fund and
index fund that includes a listed company;
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(2) the total number of exchange-traded funds and index
funds described in paragraph (1);
(3) the total value of all investments in listed companies;
(4) the total number of investors investing in listed
companies, and
(5) the number of exchange-traded fund and index fund
providers that notified investors that a financial product of
the provider included a listed company.
(c)Congressional Briefing.--The Chairman of the Commission
(or a designee) shall brief the Committee on Banking,
Housing, and Urban Affairs of the Senate and the Committee on
Financial Services of the House of Representatives with
respect to each report submitted under subsection (b).
(d} Listed Company Defined.--In this section, the term
``listed company'' means a company--
(1) included on--
(A) the Military Encl-User list or the Entity List of the
Bureau of Industry and Security of the Department of
Commerce;
(B) the Non-SDN Chinese Military-Industrial Complex
Companies List of the Office of Foreign Assets Control; or
(C) the Chinese Military Companies list in accordance with
section 1260H of the National Defense Authorization Art for
Fiscal Year 2021; or
(2) for which sanctions are imposed pursuant to the Global
Magnitsky Human Rights Accountability Act (22 U.S.C. 2656
note).
amendment no. 164 offered by mr. meuser of pennsylvania
Strike section 50103.
amendment no. 165 offered by mrs. miller of illinois
Pages 300 through 301, lines 25 through 4, strike ``by--''
and all that follows through ``load;'' and insert ``by
student debt load;''.
amendment no. 180 offered by mr. perry of pennsylvania
Strike subsection (b) of section 50101.
amendment no. 181 offered by mr. perry of pennsylvania
Strike division L of the bill.
amendment no. 182 offered by mr. perry of pennsylvania
Strike section 110001 and insert the following:
SEC. 110001. ECONOMIC DEVELOPMENT ADMINISTRATION SUNSET.
On the date that is 1 year after the date of enactment of
this Act, the Economic Development Administration is hereby
abolished and any authority provided to such Administration
in law shall cease. The Director of the Office of Management
and Budget shall take such actions as are necessary to carry
out this section.
amendment no. 183 offered by mr. perry of pennsylvania
Page 1471, line 16, insert ``and'' after the semicolon.
Page 1471, strike lines 19 through 21.
amendment no. 185 offered by mr. perry of pennsylvania
Beginning on page 1384, line 15, strike section 30609.
amendment no. 186 offered by mr. perry of pennsylvania
Page 1149, beginning line 3, strike section 30299C.
amendment no. 188 offered by mr. pfluger of texas
In section 30609, strike subsection (c).
amendment no. 198 offered by mr. posey of florida
At the end of subtitle A of title IV of division C, add the
following new section:
SEC. 20405. DEPARTMENT OF DEFENSE PRIORITY FOR DOMESTICALLY
SOURCED BOVINE HEPARIN.
In selecting heparin for acquisition by the Department of
Defense (regardless of whether the end use of such
acquisition involves military or civilian application), the
Secretary of Defense shall provide priority for domestically
sourced, fully traceable, bovine heparin approved by the Food
and Drug Administration when available.
amendment no. 199 offered by mr. posey of florida
Page 187, line 15, strike ``title or the amendments made by
this title, the Secretary'' and insert ``Act or the
amendments made by this Act, the relevant agency head''.
Page 188, line 16, strike ``Secretary'' and insert
``relevant agency head''.
amendment no. 217 offered by mr. schweikert of arizona
Strike title X of division G.
amendment no. 240 offered by mrs. steel of california
At the end of division L, add the following:
SEC. 110002. PROHIBITION ON CERTAIN CONTRACTS FOR PORT
OPERATION AND MANAGEMENT.
An owner or operator of a port in the United States may not
enter into a contract for the operation or management of such
port with an entity that is--
(1) a Chinese, Russian, North Korean, or Iranian state-
owned enterprise; or
(2) any foreign entity for which any percentage is owned by
a country listed in paragraph (1).
amendment no. 244 offered by ms. tenney of new york
Page 1149, strike section 30299C.
amendment no. 261 offered by mr. owens of utah
Insert after section 30325 the following:
SEC. 30326. DETERMINATION OF SANCTIONS ON UNITED FRONT
RELIGIOUS WORK BUREAU.
(a) In General.--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 a
determination, including a detailed justification, on whether
the United Front's Religious Work Bureau of the Chinese
Communist Party, or any component or official thereof, meets
the criteria for the application of sanctions pursuant to--
(1) 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); or
(2) section 6 of the Uyghur Human Rights Policy Act of 2020
(Public Law 116-145; 22 U.S.C. 6901 note).
(b) Exception Relating to Importation of Goods.--
(1) In general.--Notwithstanding any other provision of
this section, the authority or a requirement to impose
sanctions under this section shall not include the authority
or a requirement to impose sanctions on the importation of
goods.
(2) Good defined.--In this section, the term ``good'' means
any article, natural or manmade substance, material, supply,
or manufactured product, including inspection and test
equipment, and excluding technical data.
(c) Form.--The determination required by subsection (a)
shall be submitted in unclassified form but may contain a
classified annex.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services, the Committee on
Foreign Affairs, the Permanent Select Committee on
Intelligence, the Committee on Financial Services, and the
Committee on the Judiciary of the House of Representatives;
and
(2) the Committee on Armed Services, the Committee on
Foreign Relations, the Select Committee on Intelligence, the
Committee on Banking, Housing, and Urban Affairs, and the
Committee on the Judiciary of the Senate.
The SPEAKER pro tempore. Pursuant to House Resolution 900, the
gentlewoman from California (Ms. Lofgren) and the gentleman from Texas
(Mr. Babin) each will control 10 minutes.
The Chair recognizes the gentlewoman from California.
Ms. LOFGREN. Madam Speaker, I yield myself 1 minute.
Madam Speaker, these amendments, although I am sure offered in good
faith, diminish the value in the underlying bill. Not only the
underlying bill, but the bipartisan amendments just adopted or that we
will adopt tomorrow or Friday.
Madam Speaker, I urge my colleagues to oppose these amendments, and I
reserve the balance of my time.
Mr. BABIN. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, this block of amendments includes nearly every single
Republican amendment that was made in order by the Committee on Rules.
Out of more than 600 amendments submitted to the Committee on Rules,
only 37 Republican amendments were made in order. There is no rhyme or
reason to which amendments were accepted and which were rejected. I
want to be very, very clear, that I do not support the underlying
legislation here. But that said, the amendments being considered in
this block were the only chance that most Republican Members have had
to have any impact at all on this massive, nearly 3,000-page bill.
Because so few committees held markup or bipartisan discussions in
their provisions in this bill, there have been very few opportunities
to review or revise this legislation. Among this block of amendments
were safeguards, improvements, and cost-saving measures.
My colleagues, Representatives Garcia and Burgess, offered an
amendment that would prohibit the massive climate change provisions in
this bill from taking effect until the Secretary of Energy can certify
that they will not reduce our energy independence.
Representative Grothman's amendment that would strike the $8 billion
in taxpayer funds from being given to a U.N. climate fund--a slush
fund, if you will--the same fund that has given the Chinese Communist
Party already $100 million. And Representative Bice's amendment would
demand accountability from the administration before allocating any
funding to this fund.
Representatives Gimenez and Burgess would require the Secretary of
Energy to ensure that no provisions in
[[Page H899]]
this bill will raise energy costs for Americans.
Madam Speaker, unfortunately, these amendments improve on the
underlying legislation but cannot ultimately fix this legislation. So
while I urge my colleagues to vote for these amendments, I remain
opposed to this sprawling partisan bill.
Madam Speaker, I reserve the balance of my time.
Ms. LOFGREN. Madam Speaker, I reserve the balance of my time.
Mr. BABIN. Madam Speaker, we have no further speakers, and I yield
back the balance of my time.
Ms. LOFGREN. Madam Speaker, once again, I urge opposition to this en
bloc amendment, and I yield back the balance of my time.
Ms. CHENEY. Madam Speaker, I rise in support of my Amendment No. 45
that would prohibit the Secretary of the Interior from altering the
designation of uranium as a critical mineral until completing a report
assessing the effects of a loss of domestic uranium production. The
Secretary of Defense, in coordination with the Secretaries of Energy
and Commerce, is to conduct the assessment of the national security
impact of removing uranium from the list and submit a follow-up report.
The U.S. Geological Survey, which updates the critical minerals list
every three years, published its revised methodology in May noting that
``Fuel minerals, including uranium, were explicitly excluded from
consideration in this analysis.'' Removing uranium from this list, as
the Biden Administration is proposing, is another effort to cave to the
whims of environmental groups. The impact of this is not exclusive to
national security. Domestic uranium production has almost completely
idled and foreign state-owned entities have increasingly become the
source of uranium for our reactors. Keeping it as a resource on the
list will go a long way to restoring and securing American uranium
production.
As we produce less energy at home, our national security enterprise
is forced into further reliance on our adversaries for critical
resources, emboldening them and weakening our global standing as they
attempt to undermine our interests. The United States requires U.S.-
origin uranium and nuclear technologies for use in the production of
uranium-based products for U.S. defense systems, critical to national
defense for the purpose of nuclear weapons and the naval fleet,
providing propulsion for 11 aircraft carriers and 70 submarines. The
Chinese are buying up mining operations across the globe. Removing
uranium from the critical minerals list would be a dangerous and
misguided decision as it is a vital component to both our national
security and energy security. As China and Russia utilize their state-
owned enterprises for energy dominance, we must endeavor to leverage
our own resources for geopolitical security. This bill is fundamentally
flawed and will not be more competitive or secure. However, the
inclusion of this amendment would mark a sincere step in addressing
diverse challenges to our national security. I urge adoption of my
amendment and the Republican amendments en bloc.
The SPEAKER pro tempore. Pursuant to House Resolution 900, the
previous question is ordered on the amendments en bloc offered by the
gentlewoman from California (Ms. Lofgren).
The question is on the amendments en bloc.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Mr. CLYDE. Madam Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
Pursuant to clause 1(c) of rule XIX further consideration of H.R.
4521 is postponed.
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