[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4521 Engrossed in House (EH)]
<DOC>
117th CONGRESS
2d Session
H. R. 4521
_______________________________________________________________________
AN ACT
To provide for a coordinated Federal research initiative to ensure
continued United States leadership in engineering biology.
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.
Sec. 3. Prohibiting discrimination against people of Asian descent.
DIVISION A--CREATING HELPFUL INCENTIVES TO PRODUCE SEMICONDUCTORS
(CHIPS) FOR AMERICA FUND
Sec. 10001. Creating Helpful Incentives to Produce Semiconductors
(CHIPS) for America Fund.
Sec. 10002. Semiconductor incentives.
Sec. 10003. Office of Opportunity and Inclusion.
Sec. 10004. Additional GAO reporting requirement.
Sec. 10005. Comptroller General report.
Sec. 10006. Modification to certain GAO reports.
Sec. 10007. Expanding the semiconductor incentive program to include
nonprofits.
DIVISION B--RESEARCH AND INNOVATION
TITLE I--DEPARTMENT OF ENERGY SCIENCE FOR THE FUTURE
Sec. 10101. Mission of the Office of Science.
Sec. 10102. Basic energy sciences program.
Sec. 10103. Biological and environmental research.
Sec. 10104. Advanced scientific computing research program.
Sec. 10105. Fusion energy research.
Sec. 10106. High energy physics program.
Sec. 10107. Nuclear physics program.
Sec. 10108. Accelerator research and development.
Sec. 10109. Isotope development and production for research
applications.
Sec. 10110. Science laboratories infrastructure program.
Sec. 10111. Increased collaboration with teachers and scientists.
Sec. 10112. High intensity laser research initiative; Office of Science
Emerging Infectious Disease Computing
Research Initiative; helium conservation
program; authorization of appropriations.
Sec. 10113. State-owned enterprises prohibition.
Sec. 10114. Determination of Budgetary Effects.
Sec. 10115. National Virtual Biotechnology Laboratory.
Sec. 10116. Additional research.
TITLE II--NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY FOR THE FUTURE
ACT OF 2021
Sec. 10201. Definitions.
Subtitle A--Appropriations
Sec. 10211. Authorization of appropriations.
Subtitle B--Measurement Research
Sec. 10221. Engineering biology and biometrology.
Sec. 10222. Greenhouse gas measurement research.
Sec. 10223. NIST authority for cybersecurity and privacy activities.
Sec. 10224. Software security and authentication.
Sec. 10225. Digital identity management research.
Sec. 10226. Biometrics research and testing.
Sec. 10227. Federal biometric performance standards.
Sec. 10228. Protecting research from cyber theft.
Sec. 10229. Dissemination of resources for research institutions.
Sec. 10230. Advanced communications research.
Sec. 10231. Neutron scattering.
Sec. 10232. Quantum information science.
Sec. 10233. Artificial intelligence.
Sec. 10234. Sustainable Chemistry Research and Education.
Sec. 10235. Premise plumbing research.
Subtitle C--General Activities
Sec. 10241. Educational outreach and support for underrepresented
communities.
Sec. 10242. Other transactions authority.
Sec. 10243. Report to congress on collaborations with government
agencies.
Sec. 10244. Hiring critical technical experts.
Sec. 10245. International standards development.
Sec. 10246. Standard technical update.
Sec. 10247. GAO study of NIST research security policies and protocols.
Sec. 10248. Standards development organization grants.
Subtitle D--Hollings Manufacturing Extension Partnership
Sec. 10251. Establishment of expansion awards pilot program as a part
of the Hollings Manufacturing Extension
Partnership.
Sec. 10252. Update to manufacturing extension partnership.
Sec. 10253. National supply chain database.
Sec. 10254. Hollings Manufacturing Extension Partnership activities.
Subtitle E--Manufacturing USA Program
Sec. 10261. Supporting geographic diversity.
Subtitle F--Manufacturing USA Program
Sec. 10271. Expanding opportunities through the Manufacturing USA
Program.
TITLE III--NATIONAL SCIENCE FOUNDATION FOR THE FUTURE
Sec. 10301. Findings.
Sec. 10302. Definitions.
Sec. 10303. Authorization of appropriations.
Sec. 10304. STEM education.
Sec. 10305. Broadening participation.
Sec. 10306. Fundamental research.
Sec. 10307. Research infrastructure.
Sec. 10308. Directorate for science and engineering solutions.
Sec. 10309. Administrative amendments.
Sec. 10310. Microgravity utilization policy.
Sec. 10311. Recognition of the Arecibo Observatory.
Sec. 10312. Hands-on learning opportunities in STEM education.
TITLE IV--BIOECONOMY RESEARCH AND DEVELOPMENT
Sec. 10401. Findings.
Sec. 10402. Definitions.
Sec. 10403. National Engineering Biology Research and Development
Initiative.
Sec. 10404. Initiative coordination.
Sec. 10405. Advisory committee.
Sec. 10406. External review of ethical, legal, environmental, safety,
security, and societal issues.
Sec. 10407. Agency activities.
Sec. 10408. Rule of construction.
TITLE V--BROADENING PARTICIPATION IN SCIENCE
Subtitle A--STEM Opportunities
Sec. 10501. Findings.
Sec. 10502. Purposes.
Sec. 10503. Federal science agency policies for caregivers.
Sec. 10504. Collection and reporting of data on Federal research
grants.
Sec. 10505. Policies for review of Federal research grants.
Sec. 10506. Collection of data on demographics of faculty.
Sec. 10507. Cultural and institutional barriers to expanding the
academic and Federal STEM workforce.
Sec. 10508. Research and dissemination at the National Science
Foundation.
Sec. 10509. Research and related activities to expand STEM
opportunities.
Sec. 10510. Tribal Colleges and Universities Program.
Sec. 10511. Report to Congress.
Sec. 10512. Merit review.
Sec. 10513. Determination of budgetary effects.
Sec. 10514. Definitions.
Subtitle B--Rural STEM Education Research
Sec. 10521. Findings.
Sec. 10522. NIST engagement with rural communities.
Sec. 10523. NITR-D broadband working group.
Sec. 10524. National Academy of Sciences evaluation.
Sec. 10525. GAO review.
Sec. 10526. Capacity building through EPSCOR.
Sec. 10527. National Science Foundation rural STEM Research activities.
Sec. 10528. Researching opportunities for online education.
Sec. 10529. Definitions.
Subtitle C--MSI STEM Achievement
Sec. 10531. Findings.
Sec. 10532. Government Accountability Office review.
Sec. 10533. Research and capacity building.
Sec. 10534. Agency responsibilities.
Sec. 10535. Definitions.
Subtitle D--Combating Sexual Harassment in Science
Sec. 10541. Findings.
Sec. 10542. Definitions.
Sec. 10543. Research grants.
Sec. 10544. Data collection.
Sec. 10545. Responsible conduct guide.
Sec. 10546. Interagency working group.
Sec. 10547. National academies assessment.
Sec. 10548. Authorization of appropriations.
TITLE VI--MISCELLANEOUS SCIENCE AND TECHNOLOGY PROVISIONS
Subtitle A--Supporting Early-Career Researchers
Sec. 10601. Findings.
Sec. 10602. Early-career research fellowship program.
Sec. 10603. Authorization of appropriations.
Subtitle B--National Science and Technology Strategy
Sec. 10611. National science and technology strategy.
Sec. 10612. Quadrennial science and technology review.
Sec. 10613. National Circular Economy Roadmap.
Subtitle C--Energizing Technology Transfer
Sec. 10621. Definitions.
Part 1--National Clean Energy Technology Transfer Programs
Sec. 10623. National clean energy incubator program.
Sec. 10624. Clean energy technology university prize competition.
Sec. 10625. Clean energy technology transfer coordination.
Part 2--Supporting Technology Development At the National Laboratories
Sec. 10626. Lab partnering service pilot program.
Sec. 10627. Lab-embedded entrepreneurship program.
Sec. 10628. Small business voucher program.
Sec. 10629. Entrepreneurial leave program.
Sec. 10630. National laboratory non-Federal employee outside employment
authority.
Sec. 10631. National laboratories restoration and modernization.
Part 3--Department of Energy Modernization
Sec. 10632. Office of technology transitions.
Sec. 10633. Management of Department of Energy demonstration projects.
Sec. 10634. Streamlining prize competitions.
Sec. 10635. Cost-share waiver extension.
Sec. 10636. Special hiring authority for scientific, engineering, and
project management personnel.
Sec. 10637. Technology transfer reports and evaluation.
Sec. 10638. ARPA-E authorization of appropriations.
Subtitle D--Regional Innovation
Sec. 10641. Regional Innovation Capacity.
Sec. 10642. Regional Clean Energy Innovation Program.
Sec. 10643. Critical technology and innovation analytics program.
Sec. 10644. Support for commercial deployment.
Subtitle E--Malign Foreign Talent Recruitment Program Prohibition
Sec. 10651. Malign foreign talent recruitment program prohibition.
Subtitle F--Microelectronics Research for Energy Innovation
Sec. 10661. Definitions.
Sec. 10662. Findings.
Sec. 10663. Microelectronics research program.
Sec. 10664. Microelectronics science research centers.
Sec. 10665. Miscellaneous other requirements.
Subtitle G--Reports
Sec. 10671. Report on methane removal technology.
Subtitle H--Better Energy Storage Technology
Sec. 10681. Long-duration demonstration initiative and joint program.
Subtitle I--SBIR, STTR, and Pilot Extensions
Sec. 10691. Small business innovation programs and pilot extensions.
Subtitle J--Coastal and Ocean Acidification Stressors and Threats
Research
Sec. 10701. Short title.
Sec. 10702. Purposes.
Sec. 10703. Definitions.
Sec. 10704. Interagency working group.
Sec. 10705. Strategic research plan.
Sec. 10706. NOAA ocean acidification activities.
Sec. 10707. NSF ocean acidification activities.
Sec. 10708. NASA ocean acidification activities.
Sec. 10709. Authorization of appropriations.
Subtitle K--National Nuclear University Research Infrastructure
Reinvestment
Sec. 10711. Short title.
Sec. 10712. Purposes.
Sec. 10713. University infrastructure collaboration.
Sec. 10714. Advanced nuclear research infrastructure enhancement
subprogram.
Sec. 10715. Science education and human resources scholarships,
fellowships, and research and development
projects.
Subtitle L--Steel Upgrading Partnerships and Emissions Reduction
Sec. 10721. Low-emissions steel manufacturing research program.
Subtitle M--National Academies Science, Technology, and Security
Roundtable
Sec. 10731. Ad-hoc committee on research security.
Subtitle N--Additional Provisions
Sec. 10741. Establishment of blockchain and cryptocurrency specialist
position within OSTP.
Subtitle O--Partnerships for Energy Security and Innovation
Sec. 10751. Foundation for Energy Security and Innovation.
DIVISION C--ENERGY AND COMMERCE
TITLE I--COMMUNICATIONS AND TECHNOLOGY
Sec. 20101. Appropriations for wireless supply chain innovation.
Sec. 20102. Understanding cybersecurity of mobile networks.
Sec. 20103. Information and communication technology strategy.
Sec. 20104. Open RAN outreach.
Sec. 20105. Future networks.
Sec. 20106. NTIA policy and cybersecurity coordination.
Sec. 20107. American cybersecurity literacy.
Sec. 20108. Communications security advisory council.
Sec. 20109. Promoting United States wireless leadership.
Sec. 20110. Critical Infrastructure Manufacturing Feasibility.
TITLE II--CONSUMER PROTECTION AND COMMERCE
Subtitle A--Supply Chain Resilience
Sec. 20201. Office of manufacturing security and resilience.
Sec. 20202. United states strategy to counter threats to supply chains.
Sec. 20203. Critical supply chain monitoring program.
Sec. 20204. Manufacturing security and resilience program.
Sec. 20205. Supply chain innovation and best practices.
Sec. 20206. Program evaluation by the inspector general of the
department of commerce.
Sec. 20207. Supply chain database and toolkit.
Sec. 20208. Agriculture and food system supply chain monitoring and
assessment.
Sec. 20209. Definitions.
Sec. 20210. Departments of Commerce and Transportation supply chain
report.
Sec. 20211. Supply chain report required.
Sec. 20212. National Commission on Critical Supply Chains.
Subtitle B--Strengthening Consumer Protections, Tourism, and
Manufacturing
Sec. 20211. National manufacturing advisory council.
Sec. 20212. Availability of Travel Promotion Fund for Brand USA.
Sec. 20213. Collection, verification, and disclosure of information by
online marketplaces to inform consumers.
Sec. 20214. Supercomputing For Safer Chemicals (SUPERSAFE) Consortium.
Sec. 20215. GAO report on global semiconductor shortage.
Subtitle C--Defense Supply Chain Risk Management
Sec. 20221. Risk management for Department of Defense supply chains.
TITLE III--ENERGY
Sec. 20301. Strategic transformer reserve and resilience program.
Sec. 20302. Solar component manufacturing supply chain assistance.
Sec. 20303. Support for the first three commercial-scale
implementations of transformative
industrial technologies.
Sec. 20304. Improving the natural gas distribution system.
Sec. 20305. Consideration of energy storage systems.
Sec. 20306. Coordination of programs.
Sec. 20307. State flex-tech energy program.
TITLE IV--MEDICAL PRODUCT SUPPLY CHAIN IMPROVEMENTS
Subtitle A--Medical Product Innovation, Transparency, and Safety
Sec. 20401. National Centers of Excellence in Advanced and Continuous
Pharmaceutical Manufacturing.
Sec. 20402. Notification, nondistribution, and recall of drugs.
Sec. 20403. Reporting requirement for drug manufacturers.
Sec. 20404. Enhanced penalties for false information and records
destruction.
Subtitle B--Strengthening America's Strategic National Stockpile
Sec. 20411. Reimbursable transfers.
Sec. 20412. Equipment maintenance.
Sec. 20413. Supply chain flexibility manufacturing pilot.
Sec. 20414. GAO study on the feasibility and benefits of a user fee
agreement.
Sec. 20415. Grants for State strategic stockpiles.
Sec. 20416. Action reporting.
Sec. 20417. Improved, transparent processes.
Sec. 20418. Authorization of appropriations.
Sec. 20419. GAO report on automated supply-chain tracking application.
Sec. 20420. High-quality masks for children.
DIVISION D--COMMITTEE ON FOREIGN AFFAIRS
Sec. 30000. Short title.
Sec. 30001. Definitions.
Sec. 30002. Findings.
Sec. 30003. Statement of policy.
Sec. 30004. Sense of Congress.
Sec. 30005. Rules of construction.
TITLE I--INVESTING IN AMERICAN COMPETITIVENESS
Subtitle A--Science and Technology
Sec. 30101. Authorization to assist United States companies with global
supply chain diversification and
management.
Sec. 30102. Report on national technology and industrial base.
Subtitle B--Global Infrastructure and Energy Development
Sec. 30111. Appropriate committees of Congress defined.
Sec. 30112. Sense of Congress on international quality infrastructure
investment standards.
Sec. 30113. Supporting economic independence from the People's Republic
of China.
Sec. 30114. Strategy for advanced and reliable energy infrastructure.
Sec. 30115. Report on the People's Republic of China's investments in
foreign energy development.
Sec. 30116. Report on foreign investment in the agriculture sector of
the United States.
Subtitle C--Economic Diplomacy and Leadership
Sec. 30121. Findings on regional economic order.
Sec. 30122. Report on entrenching American economic diplomacy in the
Indo-Pacific.
Sec. 30123. Sense of Congress on the need to bolster American
leadership in the Asia Pacific Economic
Cooperation.
Sec. 30124. Task force to counter China's economic coercion.
Sec. 30125. Sense of Congress on digital technology issues.
Sec. 30126. Digital dialogue and cooperation.
Sec. 30127. Digital connectivity and cybersecurity partnership.
Sec. 30128. Sense of Congress on ideological competition.
Sec. 30129. Report on cooperation between China and United Arab
Emirates.
Sec. 30129A. Authorization to hire additional staff for the Office of
Foreign Asset Control of the Department of
the Treasury.
Subtitle D--Financial Diplomacy and Leadership
Sec. 30131. Findings on Chinese financial industrial policy.
Sec. 30132. Report on importance of American financial strength for
global leadership.
Sec. 30133. Review of Chinese companies on United States capital
markets.
Sec. 30134. Report on the implications of changes to cross-border
payment and financial messaging systems.
Sec. 30135. Report on links between private sector Chinese technology
and social media companies and the People's
Liberation Army, Chinese intelligence, and
the Chinese Communist Party.
TITLE II--INVESTING IN ALLIANCES AND PARTNERSHIPS
Subtitle A--Strategic and Diplomatic Matters
Sec. 30201. Appropriate committees of Congress defined.
Sec. 30202. United States commitment and support for allies and
partners in the Indo-Pacific.
Sec. 30203. Boosting Quad cooperation.
Sec. 30204. Establishment of Quad Intra-Parliamentary Working Group.
Sec. 30205. Statement of policy on cooperation with ASEAN.
Sec. 30206. Young Southeast Asian Leaders Initiative.
Sec. 30207. Sense of Congress on engagement with G7 and G20 countries.
Sec. 30208. Enhancing the United States-Taiwan partnership.
Sec. 30209. Taiwan diplomatic review.
Sec. 30210. Taiwan Peace and Stability Act.
Sec. 30211. Taiwan International Solidarity Act.
Sec. 30212. Taiwan Fellowship Program.
Sec. 30213. Increasing Department of State personnel and resources
devoted to the Indo-Pacific.
Sec. 30214. Report on bilateral efforts to address Chinese fentanyl
trafficking.
Sec. 30215. Facilitation of increased equity investments under the
Better Utilization of Investments Leading
to Development Act of 2018.
Sec. 30216. Expanding investment by United States International
Development Finance Corporation for vaccine
manufacturing, distribution, storage, and
delivery.
Sec. 30217. Actions to prevent the spread of the COVID-19 pandemic.
Sec. 30218. Ensuring United States diplomatic posts align with American
strategic national security and economic
objectives.
Sec. 30219. Authorization of appropriations for the Fulbright-Hays
Program.
Sec. 30219A. Supporting independent media and countering
disinformation.
Sec. 30219B. Global Engagement Center.
Sec. 30219C. Report on origins of the COVID-19 pandemic.
Sec. 30219D. Extension of Asia Reassurance Initiative Act of 2018.
Sec. 30219E. China Watcher Program.
Sec. 30219F. Liu Xiaobo Fund for Study of the Chinese Language.
Sec. 30219G. Oversight of funds made available through the American
Rescue Plan Act of 2021.
Sec. 30219H. Requirements relating to vaccine branding.
Sec. 30219I. National Intelligence Estimate on escalation and de-
escalation of gray zone activities in great
power competition.
Sec. 30219J. Prioritizing Digital Infrastructure and Connectivity.
Sec. 30219K. Report on multilateral efforts to address Latin American
fentanyl trafficking and efforts between
Latin America and China on fentanyl
trafficking.
Sec. 30219L. Report generation and sharing on long term cost of Belt
and Road Initiative to third countires.
Sec. 30219M. Sense of Congress regarding the status of China.
Sec. 30219N. Report on providing access to uncensored media in China.
Sec. 30219O. Report on open radio access networks.
Subtitle B--International Security Matters
Sec. 30221. Appropriate committees of Congress.
Sec. 30222. Additional funding for international military education and
training in the Indo-Pacific.
Sec. 30223. Statement of policy.
Sec. 30224. Foreign military financing in the Indo-Pacific and
authorization of appropriations for
Southeast Asia maritime security programs
and diplomatic outreach activities.
Sec. 30225. Foreign military financing compact pilot program in the
Indo-Pacific.
Sec. 30226. Statement of policy on maritime freedom of operations in
international waterways and airspace of the
Indo-Pacific and on artificial land
features in the South China Sea.
Sec. 30227. Report on capability development of Indo-Pacific allies and
partners.
Sec. 30228. Statement of policy regarding the threat posed by the
Chinese Communist Party to the North
Atlantic Treaty Organization.
Sec. 30229. Identification of PLA-supported institutions.
Sec. 30229A. Prohibition on certain assistance to the Philippines.
Sec. 30229B. Prioritization and protection of international research.
Subtitle C--Multilateral Strategies to Bolster American Power
Sec. 30231. Findings on multilateral engagement.
Sec. 30232. Statement of policy on America's multilateral engagement.
Sec. 30233. Support for Americans at the United Nations.
Sec. 30234. Junior professional officers.
Sec. 30235. Report on American employment in international
organizations.
Subtitle D--Regional Strategies to Bolster American Power
Sec. 30241. Statement of policy on cooperation with allies and partners
around the world.
Sec. 30241A. Report on indigenous engagement.
Part 1--Western Hemisphere
Sec. 30242. Sense of Congress regarding United States-Canada relations.
Sec. 30243. Sense of Congress regarding China's arbitrary imprisonment
of Canadian citizens.
Sec. 30244. Strategy to enhance cooperation with Canada.
Sec. 30245. Sense of Congress.
Sec. 30246. Strategy to strengthen economic competitiveness,
governance, human rights, and the rule of
law in Latin America and the Caribbean.
Sec. 30247. Engagement in international organizations and the defense
sector in Latin America and the Caribbean.
Sec. 30248. Defense cooperation in Latin America and the Caribbean.
Sec. 30249. Engagement with civil society in Latin America and the
Caribbean regarding accountability, human
rights, and the risks of pervasive
surveillance technologies.
Sec. 30250. Caribbean energy initiative as alternative to China's Belt
and Road Initiative.
Sec. 30251. United States-Caribbean Resilience Partnership.
Sec. 30252. Countering China's educational and cultural diplomacy in
Latin America.
Sec. 30253. Narcotics trafficking in Latin America and the Caribbean.
Sec. 30254. Report on major Chinese infrastructure investments.
Part 2--Transatlantic Relationships
Sec. 30255. Sense of Congress on transatlantic relationships.
Sec. 30256. Strategy to enhance transatlantic cooperation with respect
to the People's Republic of China.
Sec. 30257. Enhancing transatlantic cooperation on promoting private
sector finance.
Sec. 30258. Report and briefing on cooperation between China and Iran
and between China and Russia.
Sec. 30259. Report and briefing on China's election interference.
Sec. 30259A. Intelligence assessment.
Part 3--South and Central Asia
Sec. 30261. Sense of Congress on South and Central Asia.
Sec. 30262. Strategy to enhance cooperation with South and Central
Asia.
Sec. 30263. Indian Ocean region strategic review.
Part 4--Africa
Sec. 30271. Assessment of political, economic, and security activity of
the People's Republic of China in Africa.
Sec. 30272. Increasing the competitiveness of the United States in
Africa.
Sec. 30273. Digital security cooperation with respect to Africa.
Sec. 30274. Support for Young African Leaders Initiative.
Sec. 30275. Africa broadcasting networks.
Sec. 30276. Africa energy security and diversification.
Part 5--Middle East and North Africa
Sec. 30281. Strategy to counter Chinese influence in, and access to,
the Middle East and North Africa.
Sec. 30282. Sense of Congress on Middle East and North Africa
engagement.
Sec. 30283. Sense of Congress on People's Republic of China-Iran
relationship.
Part 6--Arctic Region
Sec. 30285. Arctic diplomacy.
Sec. 30286. Statement of policy regarding observer status for Taiwan on
the Arctic Council.
Part 7--Oceania
Sec. 30291. Statement of policy on United States engagement in Oceania.
Sec. 30292. Oceania strategic roadmap.
Sec. 30293. Oceania Security Dialogue.
Sec. 30294. Oceania Peace Corps partnerships.
Part 8--Pacific Islands
Sec. 30295. Short title.
Sec. 30296. Findings.
Sec. 30297. Statement of policy.
Sec. 30298. Definition.
Sec. 30299. Authority to consolidate reports; form of reports.
Sec. 30299A. Diplomatic presence in the Pacific Islands.
Sec. 30299B. Coordination with regional allies and partners.
Sec. 30299C. Climate resilient development in the Pacific Islands.
Sec. 30299D. International law enforcement academy for the Pacific
Islands.
Sec. 30299E. Security assistance for the Pacific Islands.
Sec. 30299F. Countering transnational crime.
Sec. 30299G. Emergency preparedness initiative for the Pacific Islands.
Sec. 30299H. Peace Corps in the Pacific Islands.
Sec. 30299I. Pacific Islands leadership development initiative.
TITLE III--INVESTING IN OUR VALUES
Sec. 30301. Sense of Congress on the continued violation of rights and
freedoms of the people of Hong Kong.
Sec. 30302. Authorization of appropriations for promotion of democracy
in Hong Kong.
Sec. 30303. Hong Kong people's freedom and choice.
Sec. 30304. Export prohibition of munitions items to the Hong Kong
police force.
Sec. 30305. Sense of Congress on treatment of Uyghurs and other ethnic
minorities in the Xinjiang Uyghur
Autonomous Region.
Sec. 30306. Uyghur human rights protection.
Sec. 30307. Removal of members of the United Nations Human Rights
Council that commit human rights abuses.
Sec. 30308. Policy with respect to Tibet.
Sec. 30309. United States policy and international engagement on the
succession or reincarnation of the Dalai
Lama and religious freedom of Tibetan
Buddhists.
Sec. 30310. Development and deployment of internet freedom and Great
Firewall circumvention tools for the people
of Hong Kong.
Sec. 30311. Authorization of appropriations for protecting human rights
in the People's Republic of China.
Sec. 30312. Modifications to and reauthorization of sanctions with
respect to human rights violations.
Sec. 30313. Sense of congress condemning anti-asian racism and
discrimination.
Sec. 30314. Annual reporting on censorship of free speech with respect
to international abuses of human rights.
Sec. 30315. Policy toward the XXIV Olympic Winter Games and the XIII
Paralympic Winter Games.
Sec. 30316. Review and controls on export of items with critical
capabilities to enable human rights abuses.
Sec. 30317. Sense of Congress on commercial export control policy.
Sec. 30318. Imposition of sanctions with respect to systematic rape,
coercive abortion, forced sterilization, or
involuntary contraceptive implantation in
the Xinjiang Uyghur Autonomous Region.
Sec. 30319. Sense of Congress regarding censorship of political speech.
Sec. 30320. Report on manner and extent to which the Government of
China exploits Hong Kong to circumvent
United States laws and protections.
Sec. 30321. Sense of Congress regarding annual Country Reports on Human
Rights Practices.
Sec. 30322. Sense of Congress regarding press freedom in the People's
Republic of China.
Sec. 30323. United States Special Envoy for Xinjiang Province.
Sec. 30324. China Censorship Monitor and Action Group.
Sec. 30325. Public disclosure on BIS licensing information.
Sec. 30326. Modification of authority of the President under the Export
Control Reform Act of 2018.
Sec. 30327. Determination with respect to the imposition of sanctions
on entities involved in using Uyghur forced
labor.
TITLE IV--INVESTING IN OUR ECONOMIC STATECRAFT
Sec. 30401. Sense of Congress regarding the People's Republic of
China's industrial policy.
Sec. 30402. Economic defense response teams.
Sec. 30403. Countering overseas kleptocracy.
Sec. 30404. Annual report on Chinese surveillance companies.
Sec. 30405. Report on the People's Republic of China's investments in
foreign mining and processing industries.
TITLE V--ENSURING STRATEGIC SECURITY
Sec. 30501. Cooperation on a strategic nuclear dialogue.
Sec. 30502. Report on United States efforts to engage the People's
Republic of China on nuclear issues and
ballistic missile issues.
Sec. 30503. Countering the People's Republic of China's proliferation
of ballistic missiles and nuclear
technology to the Middle East.
Sec. 30504. Report on support for Biodefense Steering Committee in
implementation of National Biodefense
Strategy.
TITLE VI--INVESTING IN A SUSTAINABLE FUTURE
Sec. 30601. Ensuring national security and economic priorities with the
People's Republic of China and other
countries account for environmental issues
and climate change.
Sec. 30602. Enhancing security considerations for global climate
disruptions.
Sec. 30603. Balancing accountability and cooperation with China.
Sec. 30604. Promoting responsible development alternatives to the
People's Republic of China's Belt and Road
Initiative.
Sec. 30605. Using climate diplomacy to better serve national security
and economic interests.
Sec. 30606. Driving a global climate change resilience strategy.
Sec. 30607. Addressing international climate change mitigation,
adaptation, and security.
Sec. 30608. Reducing the negative impacts from short-lived climate
pollutants.
Sec. 30609. Building United States economic growth and technological
innovation through the Green Climate Fund.
Sec. 30610. Ensuring a whole-of-government response to climate action.
Sec. 30611. Working with international partners to reduce
deforestation.
Sec. 30612. Controlling the export of electronic waste to protect
United States supply chains.
Sec. 30613. Rural Export Center.
Sec. 30614. Report on global exports of natural gas production.
Sec. 30615. Report on global CCP investment in port infrastructure.
TITLE VII--UNITED STATES COMMITMENT TO PEACEKEEPING
Sec. 30701. Statement of policy concerning United States engagement
regarding United Nations peacekeeping
operations.
Sec. 30702. Repeal of the 25 percent cap on United States contributions
to United Nations peacekeeping operations.
Sec. 30703. Reports on United States efforts to achieve United Nations
peacekeeping reform.
Sec. 30704. Strategy to advocate for peacekeeping reforms at the United
Nations.
Sec. 30705. Reporting requirements.
TITLE VIII--PREVENTING FUTURE PANDEMICS
Sec. 30801. Short title.
Sec. 30802. Definitions.
Sec. 30803. Study on risk of wildlife markets on the emergence of novel
viral pathogens.
Sec. 30804. Country-driven approach to end the commercial trade in live
wildlife and associated wildlife markets.
Sec. 30805. Sense of congress.
Sec. 30806. Statement of policy.
Sec. 30807. Prevention of future zoonotic spillover events.
Sec. 30808. One health task force.
Sec. 30809. Reservation of rights.
DIVISION E--COMMITTEE ON OVERSIGHT AND REFORM
Sec. 40101. Federal Rotational Cyber Workforce Program.
Sec. 40102. AI in counterterrorism oversight enhancement.
Sec. 40103. Defense priorities effectiveness study.
Sec. 40104. Inflation study.
Sec. 40105. GAO report on inflation.
Sec. 40106. American Security Drone Act.
DIVISION F--COMMITTEE ON HOMELAND SECURITY
Sec. 50101. Homeland procurement reform.
Sec. 50102. DHS software supply chain risk management.
Sec. 50103. Department of Homeland Security Mentor-Protege Program.
Sec. 50104. Unmanned aerial security.
Sec. 50105. Metrics and reports on technologies relating to irregular
migration along the southern border.
Sec. 50106. Report on current standards and guidelines for managing
ports of entry under the control of the
Department of Homeland Security.
Sec. 50107. Improving cybersecurity of small entities.
Sec. 50108. Critical Technology Security Centers.
DIVISION G--COMMITTEE ON FINANCIAL SERVICES
TITLE I--U.S. POLICY ON WORLD BANK GROUP AND ASIAN DEVELOPMENT BANK
LOANS TO CHINA
Sec. 60101. U.S. policy on World Bank Group and Asian Development Bank
Loans to China.
TITLE II--PROHIBITIONS OR CONDITIONS ON CERTAIN TRANSMITTALS OF FUNDS
Sec. 60201. Findings.
Sec. 60202. Prohibitions or conditions on certain transmittals of
funds.
TITLE III--U.S. STOCK EXCHANGE TRADING PROHIBITION FOR 2 CONSECUTIVE
AUDITOR NON-INSPECTION YEARS
Sec. 60301. Trading prohibition for 2 consecutive non-inspection years.
TITLE IV--COMBATING WILDLIFE TRAFFICKING FINANCING AND PROCEEDS STUDY
ACT
Sec. 60401. Findings.
Sec. 60402. Study.
TITLE V--STUDY ON CHINESE SUPPORT FOR AFGHAN ILLICIT FINANCE
Sec. 60501. Study on Chinese support for Afghan illicit finance.
TITLE VI--U.S. POLICY ON MULTILATERAL DEVELOPMENT BANK CO-FINANCING
ARRANGEMENTS WITH CHINA'S INFRASTRUCTURE BANK
Sec. 60601. U.S. policy on co-financing arrangements at the
multilateral development banks.
TITLE VII--CHINA FINANCIAL THREAT MITIGATION
Sec. 60701. China financial threat mitigation.
TITLE VIII--SUPPORT FOR DEBT RELIEF FOR DEVELOPING COUNTRIES
Sec. 60801. Support for international initiatives to provide debt
relief to developing countries with
unsustainable levels of debt.
TITLE IX--SECURING AMERICA'S VACCINES FOR EMERGENCIES
Sec. 60901. Short title.
Sec. 60902. Securing essential medical materials.
Sec. 60903. Investment in supply chain security.
TITLE X--COVID-19 EMERGENCY MEDICAL SUPPLIES ENHANCEMENT
Sec. 61001. Short title.
Sec. 61002. Determination on emergency supplies and other public health
emergencies.
Sec. 61003. Exercise of title I authorities in relation to contracts by
State, local, or Tribal governments.
Sec. 61004. Engagement with the private sector.
Sec. 61005. Enhancement of supply chain production.
Sec. 61006. Enhanced reporting during COVID-19 emergency.
Sec. 61007. Report on activities involving small business.
Sec. 61008. Definitions.
TITLE XI--AFGHAN TRADE ZONES FOR LICIT TRADE
Sec. 61101. Study and report on feasibility of establishment and
implementation of Afghan trade zones for
licit trade.
TITLE XII--INTERAGENCY TASK FORCE TO ADDRESS CHINESE MARKET
MANIPULATION IN THE UNITED STATES
Sec. 61201. Establishment of interagency task force to address Chinese
market manipulation in the United States.
Sec. 61202. Expansion of study and strategy on money laundering by the
People's Republic of China to include risks
of contributing to corruption.
TITLE XIII--DISCLOSURE REQUIREMENTS RELATING TO CERTAIN EXEMPTED
TRANSACTIONS
Sec. 61301. In general.
TITLE XIV--SAFE BANKING
Sec. 61401. Short title; table of contents; purpose.
Sec. 61402. Safe harbor for depository institutions.
Sec. 61403. Protections for ancillary businesses.
Sec. 61404. Protections under Federal law.
Sec. 61405. Rules of construction.
Sec. 61406. Requirements for filing suspicious activity reports.
Sec. 61407. Guidance and examination procedures.
Sec. 61408. Annual diversity and inclusion report.
Sec. 61409. GAO study on diversity and inclusion.
Sec. 61410. GAO study on effectiveness of certain reports on finding
certain persons.
Sec. 61411. Application of this title with respect to hemp-related
legitimate businesses and hemp-related
service providers.
Sec. 61412. Banking services for hemp-related legitimate businesses and
hemp-related service providers.
Sec. 61413. Requirements for deposit account termination requests and
orders.
Sec. 61414. Definitions.
Sec. 61415. Discretionary surplus funds.
DIVISION H--COMMITTEE ON NATURAL RESOURCES
TITLE I--ILLEGAL FISHING AND FORCED LABOR PREVENTION
Sec. 70101. Definitions.
Sec. 70102. Authorization of appropriations.
Subtitle A--Combating Human Trafficking Through Seafood Import
Monitoring
Sec. 70111. Definitions.
Sec. 70112. Expansion of Seafood Import Monitoring Program to all
species.
Sec. 70113. Enhancement of Seafood Import Monitoring Program Automated
Commercial Environment Message Set.
Sec. 70114. Additional data requirements for Seafood Import Monitoring
Program data collection.
Sec. 70115. Import audits.
Sec. 70116. Availability of fisheries information.
Sec. 70117. Authority to hold fish products.
Sec. 70118. Report on seafood import monitoring.
Sec. 70119. Authorization of appropriations.
Subtitle B--Strengthening International Fisheries Management to Combat
Human Trafficking
Sec. 70121. Denial of port privileges.
Sec. 70122. Identification and certification criteria.
Sec. 70123. Illegal, unreported, or unregulated fishing defined.
Sec. 70124. Equivalent conservation measures.
Sec. 70125. Regulations.
Subtitle C--Maritime Awareness
Sec. 70131. Automatic identification system requirements.
TITLE II--DRIFTNET MODERNIZATION AND BYCATCH REDUCTION
Sec. 70201. Definition.
Sec. 70202. Findings and policy.
Sec. 70203. Transition program.
Sec. 70204. Exception.
Sec. 70205. Fees.
TITLE III--MARINE MAMMAL RESEARCH AND RESPONSE
Sec. 70301. Data collection and dissemination.
Sec. 70302. Stranding or entanglement response agreements.
Sec. 70303. Unusual mortality event activity funding.
Sec. 70304. Liability.
Sec. 70305. National Marine Mammal Tissue Bank and tissue analysis.
Sec. 70306. Marine Mammal Rescue and Response Grant Program and Rapid
Response Fund.
Sec. 70307. Health MAP.
Sec. 70308. Reports to Congress.
Sec. 70309. Authorization of appropriations.
Sec. 70310. Definitions.
Sec. 70311. Study on marine mammal mortality.
TITLE IV--REAUTHORIZATION OF CORAL REEF CONSERVATION ACT OF 2000
Sec. 70401. Reauthorization of Coral Reef Conservation Act of 2000.
Sec. 70402. Modification to section 204 of the Coral Reef Conservation
Act of 2000.
TITLE V--UNITED STATES CORAL REEF TASK FORCE
Sec. 70501. Establishment.
Sec. 70502. Duties.
Sec. 70503. Membership.
Sec. 70504. Responsibilities of Federal agency members.
Sec. 70505. Working groups.
Sec. 70506. Definitions.
TITLE VI--DEPARTMENT OF THE INTERIOR CORAL REEF AUTHORITIES
Sec. 70601. Coral reef conservation and restoration assistance.
TITLE VII--SUSAN L. WILLIAMS NATIONAL CORAL REEF MANAGEMENT FELLOWSHIP
Sec. 70701. Definitions.
Sec. 70702. Establishment of fellowship program.
Sec. 70703. Fellowship awards.
Sec. 70704. Authorization of appropriations.
TITLE VIII--BUY AMERICAN SEAFOOD
Sec. 70801. Sense of Congress.
Sec. 70802. Caught in the USA.
TITLE IX--INSULAR AFFAIRS
Sec. 70901. Ocean and Coastal Mapping Integration Act.
TITLE X--STUDIES AND REPORTS
Sec. 71001. Deep sea mining.
Sec. 71002. National Academies assessment of oceanic blue carbon.
Sec. 71003. National Academies assessment of oil spills and plastic
ingestion on sea life.
Sec. 71004. Offshore aquaculture.
Sec. 71005. Expanding opportunities to increase the diversity, equity,
and inclusion of highly skilled science,
technology, engineering, and mathematics
(``STEM'') professionals in ocean research
and development.
Sec. 71006. Study on effects of 6PPD-quinone.
TITLE XI--MISCELLANEOUS
Sec. 71101. Law enforcement attache deployment.
Sec. 71102. Lacey Act amendments.
Sec. 71103. Shark fin sales elimination.
Sec. 71104. Offshore wind energy deployment.
Sec. 71105. Shovel-ready restoration grants for coastlines and
fisheries.
Sec. 71106. Leasing on the Outer Continental Shelf.
Sec. 71107. Tropical Forest and Coral Reef Conservation
Reauthorization.
Sec. 71108. Prohibition on Sale of American Mink.
TITLE XII--BOLSTERING LONG-TERM UNDERSTANDING AND EXPLORATION OF THE
GREAT LAKES, OCEANS, BAYS, AND ESTUARIES
Sec. 71201. Purpose.
Sec. 71202. Sense of Congress.
Sec. 71203. Definition of Administrator.
Sec. 71204. Increased coordination among agencies with respect to data
and monitoring.
Sec. 71205. Technology innovation to combat illegal, unreported, and
unregulated fishing.
Sec. 71206. Workforce study.
Sec. 71207. Accelerating innovation at Cooperative Institutes.
Sec. 71208. Ocean Innovation Prize and prioritization.
Sec. 71209. Reauthorization of NOAA programs.
Sec. 71210. Blue Economy valuation.
Sec. 71211. Advanced Research Projects Agency-Oceans.
TITLE XIII--CLIMATE CHANGE EDUCATION
Sec. 71301. Findings.
Sec. 71302. Definitions.
Sec. 71303. Climate Change Education Program.
Sec. 71304. Grant program.
Sec. 71305. Report.
Sec. 71306. Authorization of appropriations.
TITLE XIV--OFFICE OF EDUCATION TECHNOLOGY TO SUPPORT THE BUREAU OF
INDIAN EDUCATION
Sec. 71401. Updating Bureau of Indian Affairs programs.
Sec. 71402. Establishment for the Office of Education Technology to
support the Bureau of Indian Education.
TITLE XV--PUBLIC LAND RENEWABLE ENERGY DEVELOPMENT ACT
Sec. 71501. Definitions.
Sec. 71502. Land use planning; updates to programmatic environmental
impact statements.
Sec. 71503. Limited grandfathering.
Sec. 71504. Disposition of revenues.
Sec. 71505. Savings.
TITLE XVI--INCREASING COMMUNITY ACCESS TO RESILIENCY GRANTS
Sec. 71601. Centralized website for resiliency grants.
TITLE XVII--KEEP AMERICA'S WATERFRONTS WORKING
Sec. 71701. Working Waterfronts Grant Program.
TITLE XVIII--BLUE CARBON FOR OUR PLANET
Sec. 71801. Interagency working group.
Sec. 71802. National map of coastal blue carbon ecosystems.
Sec. 71803. Restoration and protections for existing coastal blue
carbon ecosystems.
Sec. 71804. NAS assessment of containment of carbon dioxide in deep
seafloor environment.
Sec. 71805. Authorization of appropriations.
Sec. 71806. Definitions.
TITLE XIX--ELIMINATE, NEUTRALIZE, AND DISRUPT WILDLIFE TRAFFICKING
REAUTHORIZATION AND IMPROVEMENTS
Sec. 71901. Sense of Congress.
Sec. 71902. Definitions.
Sec. 71903. Framework for interagency response and reporting.
Sec. 71904. Funding safeguards.
Sec. 71905. Issuance of subpoenas in wildlife trafficking civil penalty
enforcement actions.
DIVISION I--COMMITTEE ON THE JUDICIARY
TITLE I--SUBCOMMITTEE ON COURTS, INTELLECTUAL PROPERTY, AND THE
INTERNET
Sec. 80101. Basic Research.
Sec. 80102. Collection of demographic information for patent inventors.
Sec. 80103. Stopping harmful offers on platforms by screening against
fakes in e-commerce.
TITLE II--SUBCOMMITTEE ON ANTITRUST, COMMERCIAL AND ADMINISTRATIVE LAW
Sec. 80201. Premerger notification filing fees.
Sec. 80202. Authorization of appropriations.
Sec. 80203. Mergers involving foreign government subsidies.
TITLE III--IMMIGRATION PROVISIONS
Sec. 80301. W visas.
Sec. 80302. Start-up entities; nonimmigrant entrepreneurs and
employees.
Sec. 80303. Advanced degree stem graduates.
Sec. 80304. Conforming amendments.
Sec. 80305. Rulemaking.
Sec. 80306. Reciprocal visas for nationals of South Korea.
Sec. 80307. Special immigrant visas for certain Fulbright scholars.
Sec. 80308. Citizenship for certain children born outside the United
States.
Sec. 80309. Foreign Corruption Accountability.
TITLE IV--ADMISSION OF ESSENTIAL SCIENTISTS AND TECHNICAL EXPERTS
Sec. 80401. Admission of essential scientists and technical experts to
promote and protect National Security
Innovation Base.
TITLE V--CRIMINAL PROVISIONS
Sec. 80501. Justice for Victims of Kleptocracy.
TITLE VI--OTHER MATTERS
Sec. 80601. Registration of agent.
DIVISION J--COMMITTEE ON EDUCATION AND LABOR
TITLE I--NATIONAL APPRENTICESHIP ACT OF 2022
Sec. 90101. Short title.
Sec. 90102. Effective date.
Sec. 90103. Amendment.
Sec. 90104. Conforming amendments.
TITLE II--ELEMENTARY AND SECONDARY EDUCATION
Sec. 90201. Postsecondary stem pathways grants.
Sec. 90202. Improving access to elementary and secondary computer
science education.
TITLE III--HIGHER EDUCATION
Sec. 90301. Reauthorization of international education programs under
title VI of the Higher Education Act of
1965.
Sec. 90302. Confucius Institutes.
Sec. 90303. Sustaining the Truman Foundation and the Madison
Foundation.
Sec. 90304. Disclosures of foreign gifts and contracts at institutions
of higher education.
Sec. 90305. Eliminating short-term education loan programs; job
training Federal Pell grants; technical
corrections.
Sec. 90306. College transparency.
TITLE IV--IMPACT ACT
Sec. 90401. Telecommunications workforce training grant program.
TITLE V--BUILDING U.S. INFRASTRUCTURE BY LEVERAGING DEMANDS FOR SKILLS
(BUILDS)
Sec. 90501. Definitions.
Sec. 90502. Grants authorized.
Sec. 90503. Application.
Sec. 90504. Eligible activities.
Sec. 90505. Administration by the Secretary.
Sec. 90506. Authorization of appropriations.
Sec. 90507. Special rule.
TITLE VI--DR. DAVID SATCHER CYBERSECURITY EDUCATION GRANT PROGRAM
Sec. 90601. Dr. David Satcher cybersecurity education grant program.
TITLE VII--CRITICAL SUPPLY CHAIN SECTORS APPRENTICESHIPS GRANTS
Sec. 90701. Grant requirements.
TITLE VIII--AI JOBS ACT OF 2021
Sec. 90801. Sense of Congress.
Sec. 90802. Report on artificial intelligence.
Sec. 90803. Definitions.
TITLE IX--SUPPORTING APPRENTICESHIP COLLEGES ACT OF 2021
Sec. 90901. Community outreach grant program.
Sec. 90902. Student support grant program for expanded academic
advising.
Sec. 90903. Definitions.
DIVISION K--MATTERS RELATING TO TRADE
Sec. 100001. Short title.
TITLE I--TRADE ADJUSTMENT ASSISTANCE
Sec. 101001. Short title.
Sec. 101002. Application of provisions relating to trade adjustment
assistance.
Subtitle A--Trade Adjustment Assistance for Workers
Sec. 101101. Filing petitions.
Sec. 101102. Group eligibility requirements.
Sec. 101103. Application of determinations of eligibility to workers
employed by successors-in-interest.
Sec. 101104. Provision of benefit information to workers.
Sec. 101105. Qualifying requirements for workers.
Sec. 101106. Modification to trade readjustment allowances.
Sec. 101107. Automatic extension of trade readjustment allowances.
Sec. 101108. Employment and case management services.
Sec. 101109. Training.
Sec. 101110. Job search, relocation, and child and other dependent care
allowances.
Sec. 101111. Agreements with States.
Sec. 101112. Reemployment trade adjustment assistance program.
Sec. 101113. Extension of trade adjustment assistance to public agency
workers.
Sec. 101114. Definitions.
Sec. 101115. Requirements for certain territories.
Sec. 101116. Subpoena power.
Subtitle B--Trade Adjustment Assistance for Firms
Sec. 101201. Petitions and determinations.
Sec. 101202. Approval of adjustment proposals.
Sec. 101203. Technical assistance.
Sec. 101204. Definitions.
Sec. 101205. Plan for sustained outreach to potentially-eligible firms.
Subtitle C--Trade Adjustment Assistance for Communities and Community
Colleges
Sec. 101301. Trade adjustment assistance for communities.
Sec. 101302. Trade adjustment assistance for community colleges and
career training.
Subtitle D--Trade Adjustment Assistance for Farmers
Sec. 101401. Definitions.
Sec. 101402. Group eligibility requirements.
Sec. 101403. Benefit information to agricultural commodity producers.
Sec. 101404. Qualifying requirements and benefits for agricultural
commodity producers.
Subtitle E--Authorizations of Appropriations and Other Matters
Sec. 101501. Extension of trade adjustment assistance program.
Sec. 101502. Applicability of trade adjustment assistance provisions.
Subtitle F--Health Care Tax Credit
Sec. 101601. Permanent credit for health insurance costs.
TITLE II--IMPROVEMENTS TO TRADE REMEDIES LAWS
Subtitle A--Successive Investigations
Sec. 102001. Establishment of special rules for determination of
material injury in the case of successive
antidumping and countervailing duty
investigations.
Sec. 102002. Initiation of successive antidumping and countervailing
duty investigations.
Sec. 102003. Issuance of determinations with respect to successive
antidumping and countervailing duty
investigations.
Subtitle B--Responding to Market Distortions
Sec. 102101. Addressing cross-border subsidies in countervailing duty
investigations.
Sec. 102102. Modification of definition of ordinary course of trade to
specify that an insufficient quantity of
foreign like products constitutes a
situation outside the ordinary course of
trade.
Sec. 102103. Modification of adjustments to export price and
constructed export price with respect to
duty drawback.
Sec. 102104. Modification of determination of constructed value to
include distortions of costs that occur in
foreign countries.
Sec. 102105. Special rules for calculation of cost of production and
constructed value to address distorted
costs.
Subtitle C--Preventing Circumvention
Sec. 102201. Modification of requirements in circumvention inquiries.
Sec. 102202. Requirement of provision by importer of certification by
importer or other party.
Sec. 102203. Clarification of authority for Department of Commerce
regarding determinations of class or kind
of merchandise.
Sec. 102204. Asset requirements applicable to nonresident importers.
Subtitle D--Countering Currency Undervaluation
Sec. 102301. Investigation or review of currency undervaluation under
countervailing duty law.
Sec. 102302. Determination of benefit with respect to currency
undervaluation.
Subtitle E--Preventing Duty Evasion
Sec. 102401. Limitation on protest against decisions of U.S. Customs
and Border Protection of claims of evasion
of antidumping and countervailing duty
orders.
Sec. 102402. Procedures for investigating claims of evasion of
safeguard actions.
Sec. 102403. Application of provisions relating to certain proprietary
information.
Subtitle F--General Provisions
Sec. 102501. Application to Canada and Mexico.
Sec. 102502. Repeal of the Softwood Lumber Act of 2008.
Sec. 102503. Enforcement actions relating to cheese subject to an in-
quota rate of duty.
Sec. 102504. Effective date.
TITLE III--IMPORT SECURITY AND FAIRNESS ACT
Sec. 103001. Short title.
Sec. 103002. Additional exceptions to exemptions for de minimis
treatment under the Tariff Act of 1930.
Sec. 103003. Additional administrative provisions relating to de
minimis treatment under the Tariff Act of
1930.
Sec. 103004. Effective date.
TITLE IV--NATIONAL CRITICAL CAPABILITIES REVIEWS
Sec. 104001. National critical capabilities reviews.
TITLE V--MODIFICATION AND EXTENSION OF GENERALIZED SYSTEM OF
PREFERENCES
Sec. 105001. Modification and extension of Generalized System of
Preferences.
Sec. 105002. United States International Trade Commission study.
TITLE VI--REAUTHORIZATION OF THE AMERICAN MANUFACTURING COMPETITIVENESS
ACT OF 2016 AND OTHER MATTERS
Sec. 106001. Reauthorization of american manufacturing competitiveness
act of 2016.
Sec. 106002. Limitation on duty suspensions or reductions for finished
goods.
Sec. 106003. Sense of Congress on United States commitment to the World
Trade Organization.
Sec. 106004. Authority of U.S. Customs and Border Protection to
consolidate, modify, or reorganize Customs
revenue functions.
Sec. 106005. Prohibition on large scale transportation of sodium
cyanide briquettes for mining purposes in
the United States.
TITLE VII--TEMPORARY DUTY SUSPENSIONS AND REDUCTIONS
Sec. 107001. Reference.
Subtitle A--New Duty Suspensions and Reductions
Sec. 107101. Shelled pine nuts.
Sec. 107102. Licorice extract.
Sec. 107103. Refined Carrageenan.
Sec. 107104. Irish dairy chocolate crumb.
Sec. 107105. Pepperoncini, preserved in vinegar.
Sec. 107106. Coconut water in PET bottles.
Sec. 107107. 9,11-Octadecadienoic acid.
Sec. 107108. Liquid galacto-oligosaccharides.
Sec. 107109. Beverage containing coconut water.
Sec. 107110. Animal feed additive containing guanidinoacetic acid.
Sec. 107111. Tungsten concentrate.
Sec. 107112. Piperylene.
Sec. 107113. Normal paraffin M (alkanes C10-C14).
Sec. 107114. Neodymium (Nd) metal.
Sec. 107115. Praseodymium (Pr) metal.
Sec. 107116. Heavy rare earth metals, dysprosium (Dy) metal and
terbium (Tb) metal.
Sec. 107117. Scandium crystal.
Sec. 107118. Hexafluorotitanic acid.
Sec. 107119. Silica gel cat litter with tray.
Sec. 107120. Dioxosilane spherical particles (mean particle size
0.046-0.054 mm).
Sec. 107121. Silica gel cat litter.
Sec. 107122. Sulfuryl dichloride.
Sec. 107123. FS-10D acicular electroconductive tin oxide.
Sec. 107124. Certain potassium fluoride.
Sec. 107125. Other potassium fluoride.
Sec. 107126. LiPF6.
Sec. 107127. LiPO2F2.
Sec. 107128. Ammonium fluoroborate.
Sec. 107129. Sodium tetrafluoroborate.
Sec. 107130. Ferric chloride.
Sec. 107131. Ferrous chloride.
Sec. 107132. Cupric chloride dihydrate.
Sec. 107133. Copper chloride anhydrous.
Sec. 107134. Manganese chloride anhydrous.
Sec. 107135. Manganese chloride tetrahydrate.
Sec. 107136. Reducing agent.
Sec. 107137. Manganese carbonate.
Sec. 107138. Potassium tetraborate.
Sec. 107139. Potassium pentaborate.
Sec. 107140. Ammonium thiocyanate.
Sec. 107141. Modified amine complex of boron trifluoride.
Sec. 107142. Trichlorosilane.
Sec. 107143. 1,3-Dichloropropene.
Sec. 107144. Hexafluoroisobutylene (HFIB).
Sec. 107145. 1,1,1,2,2,3,3,4,4,5,5,6,6-Tridecafluoro-8-iodooctane.
Sec. 107146. Ethyl benzyl chloride.
Sec. 107147. Perfluoroalkyl sulfonate.
Sec. 107148. D-Mannitol.
Sec. 107149. 3,3,4,4,5,5,6,6,7,7,8,8,8-Tridecafluorooctan-1-ol.
Sec. 107150. Phenyl isopropanol.
Sec. 107151. Hydroxytyrosol.
Sec. 107152. 1,6-Dihydroxynaphthalene.
Sec. 107153. Antioxidant for plastics and rubber.
Sec. 107154. Toluhydroquinone (THQ).
Sec. 107155. 1,1,1-Tris(4-hydroxyphenyl)ethane.
Sec. 107156. mPEG6-mesylate.
Sec. 107157. Monoethylene glycol dimethyl ether.
Sec. 107158. Diethylene glycol dimethyl ether.
Sec. 107159. Diethylene glycol dibutyl ether.
Sec. 107160. Tetraethylene glycol dimethyl ether.
Sec. 107161. Glycol diether.
Sec. 107162. Diglycidyl resorcinol ether.
Sec. 107163. Allyl glycidyl ether.
Sec. 107164. Vinylcyclohexane monoxide.
Sec. 107165. Technical grade of butyl glycidyl ether.
Sec. 107166. Aliphatic glycidyl ether.
Sec. 107167. Diglycidyl ether of 1,4-butanediol.
Sec. 107168. Technical grade of the glycidyl ether of cyclohexane
dimethanol.
Sec. 107169. Glycidyl ester of neodecanoic acid.
Sec. 107170. Cumaldehyde.
Sec. 107171. Cyprinal.
Sec. 107172. Sodium o-formylbenzenesulfonate.
Sec. 107173. Acetylacetone.
Sec. 107174. Acetyl propionyl.
Sec. 107175. Alpha ionone.
Sec. 107176. 2,3,4,5 Tetramethylcyclopent-2-enone.
Sec. 107177. Menthone.
Sec. 107178. L-Carvone.
Sec. 107179. Benzoin.
Sec. 107180. Methyl cyclopentenolone.
Sec. 107181. 2,4-Dihydroxy-1,5-dibenzoylbenzene.
Sec. 107182. Difluorobenzophenone (DFBP).
Sec. 107183. PTMI.
Sec. 107184. Metrafenone.
Sec. 107185. Hexachloroacetone.
Sec. 107186. Fire suppression agent.
Sec. 107187. D(+)-10-Camphor sulfonic acid.
Sec. 107188. Benzyl acetate.
Sec. 107189. Propylene glycol diacetate.
Sec. 107190. Isopropenyl acetate.
Sec. 107191. Diacetin.
Sec. 107192. Cocoamine.
Sec. 107193. Caprylic acid 98%.
Sec. 107194. Fine zinc myristate powder.
Sec. 107195. Fine magnesium myristate powder.
Sec. 107196. Dipentaerythrityl hexahydroxystearate/hexastearate/
hexarosinate.
Sec. 107197. Polyglyceryl-2 triisostearate.
Sec. 107198. Neopentyl glycol diethylhexanoate.
Sec. 107199. Isononyl isononate.
Sec. 107200. Acetyl chloride.
Sec. 107201. Potassium sorbate.
Sec. 107202. Vinyl chloroformate.
Sec. 107203. Permethrin.
Sec. 107204. Sodium benzoate.
Sec. 107205. Benzoic acid, flake.
Sec. 107206. Diethylene glycol dibenzoate.
Sec. 107207. Methyl benzoate.
Sec. 107208. M-Nitrobenzoic acid sodium salt.
Sec. 107209. p-Nitrobenzoic acid.
Sec. 107210. 4-tert Butylbenzoic acid.
Sec. 107211. Sodium adipate.
Sec. 107212. Dimethyl sebacate (DMS).
Sec. 107213. Dodecanedioic acid.
Sec. 107214. Polyhydroxystearic acid of low acid value.
Sec. 107215. Undecanedioic acid.
Sec. 107216. Hexadecanedioic acid.
Sec. 107217. Tetradecanedioic acid.
Sec. 107218. Pentadecanedioic acid.
Sec. 107219. Tridecanedioic acid.
Sec. 107220. Methyl 1-(methoxycarbonyl)cyclopropanecarboxylate (CPDM).
Sec. 107221. Calcium HHPA.
Sec. 107222. Diethyl phthalate.
Sec. 107223. Ammonium lactate.
Sec. 107224. Triethyl 2-hydroxypropane-1,2,3-tricarboxylate.
Sec. 107225. Diisostearyl malate.
Sec. 107226. Salicylic acid.
Sec. 107227. Hexyl salicylate.
Sec. 107228. Alpha-ketogluteric acid.
Sec. 107229. MCPB herbicide.
Sec. 107230. 2,4-D Butoxyethylester.
Sec. 107231. 2-(2,4-Dichlorophenoxy)acetic acid.
Sec. 107232. Diglycolic acid 98%.
Sec. 107233. Tri-iso-butyl phosphate (TiBP).
Sec. 107234. Trimethylphosphite.
Sec. 107235. Organic phosphite.
Sec. 107236. Diethyl sulfate.
Sec. 107237. Diethyl carbonate.
Sec. 107238. Ethyl methyl carbonate.
Sec. 107239. Tetradecoxycarbonyloxy tetradecyl carbonate.
Sec. 107240. Dicetyl peroxydicarbonate.
Sec. 107241. Tetraethyl silicate.
Sec. 107242. tert-Octylamine.
Sec. 107243. Octadecylamine.
Sec. 107244. N'-(3-Aminopropyl)-N'-dodecylpropane-1,3-diamine.
Sec. 107245. 1,10-Diaminodecane.
Sec. 107246. 1,5-Pentanediamine.
Sec. 107247. Dicyclohexylamine.
Sec. 107248. Amantadine hydrochloride 99%.
Sec. 107249. N,N-Dimethylaniline.
Sec. 107250. Paranitroaniline (PNA).
Sec. 107251. Dicloran.
Sec. 107252. N,N-Dimethyl-p-toluidine.
Sec. 107253. Pendimethalin technical.
Sec. 107254. Benzyldimethylamine.
Sec. 107255. Diphenyl diphenylene diamine.
Sec. 107256. Curative for epoxy resin systems.
Sec. 107257. TFMB.
Sec. 107258. S-N-Alkyl-anilin.
Sec. 107259. p-Cresidine.
Sec. 107260. Iminodiacetic acid.
Sec. 107261. 11 Aminoundecanoic acid.
Sec. 107262. L-Orinithine L-aspartate.
Sec. 107263. Iron sodium DTPA.
Sec. 107264. Iron glycinate complex.
Sec. 107265. Copper glycinate complex.
Sec. 107266. Zinc glycinate complex.
Sec. 107267. Manganese glycinate complex.
Sec. 107268. Iron sodium EDDHA.
Sec. 107269. DMF-DMA.
Sec. 107270. Mixtures of DMSO and tetrabutyl ammonium fluoride.
Sec. 107271. Betaine.
Sec. 107272. Prolonium chloride in aqueous solution.
Sec. 107273. N,N-Dimethylacetamide.
Sec. 107274. N,N-Dimethylformamide.
Sec. 107275. DAAM.
Sec. 107276. L-Alanyl L-glutamine.
Sec. 107277. Granular acrylamido-tert-butyl sulfonic acid (ATBS).
Sec. 107278. Glycyl-L-glutamine hydrate.
Sec. 107279. Noviflumuron.
Sec. 107280. Propanil technical.
Sec. 107281. Hexaflumuron.
Sec. 107282. Stabilizer for plastics and rubber.
Sec. 107283. 2-Amino-5-chloro-N,3-dimethylbenzamide.
Sec. 107284. Glycyl-L-tyrosine dihydrate.
Sec. 107285. L-Alanyl-L-tyrosine.
Sec. 107286. Enzalutamide ITS-2.
Sec. 107287. 4-Bromo-2-fluoro-N-methylbenzamide.
Sec. 107288. N-Boc-1-aminocyclobutanecarboxylic acid.
Sec. 107289. N'-(1,3-dimethylbutylidene)-3-hydroxy-2-naphthohydrazide
(BMH) (oil treated).
Sec. 107290. Guanidine sulfamate.
Sec. 107291. Liquid, blocked cycloaliphatic diamine used as
crosslinker for polyisocyanate resins.
Sec. 107292. 3,4-Difluorobenzonitrile.
Sec. 107293. 2-Amino-5-cyano-N,3-dimethylbenzamide.
Sec. 107294. TFMPA.
Sec. 107295. Dimethyl 2,2'-Azobisisobutyrate.
Sec. 107296. Antioxidant/metal deactivator.
Sec. 107297. Benzyl carbazate.
Sec. 107298. Benzene-1,3-dicarbohydrazide.
Sec. 107299. Input for resins, coatings, and other products.
Sec. 107300. Aldicarb.
Sec. 107301. Flubendiamide.
Sec. 107302. Benzobicyclon.
Sec. 107303. Diphenylsulfone (DPS).
Sec. 107304. Phenolic antioxidant.
Sec. 107305. Phenolic antioxidant and heat stabilizer.
Sec. 107306. Phenylchlorothioformate (PTCFM).
Sec. 107307. Methylene bis thiocyanate.
Sec. 107308. Oxamyl.
Sec. 107309. L-Cystine.
Sec. 107310. L-Cysteine.
Sec. 107311. N,N'-Bis-L-alanyl-L-cystine.
Sec. 107312. Lubricant additive.
Sec. 107313. Sodium benzenesulfinate.
Sec. 107314. Thio-ether based co-stabilizer for plastics.
Sec. 107315. L-Cysteine hydrate hydrochloride.
Sec. 107316. Dimercaprol.
Sec. 107317. Monoammonium salt of glyphosate.
Sec. 107318. THPC.
Sec. 107319. Flame retardant for textiles.
Sec. 107320. Glyphosate.
Sec. 107321. Ethephon.
Sec. 107322. Benzene phosphinic acid.
Sec. 107323. HEDP.
Sec. 107324. Trimethylchlorosilane.
Sec. 107325. Chloro-(chloromethyl)-dimethylsilane.
Sec. 107326. Silicone for electronics cleaners.
Sec. 107327. Silicon carrier fluid for active lotions, creams.
Sec. 107328. Vinyltrimethoxysilane.
Sec. 107329. n-Octyltriethoxysilane.
Sec. 107330. Dimethylbis(s-butylamino)silane.
Sec. 107331. Aqueous solution of potassium methyl siliconate.
Sec. 107332. Octyltrimethoxysilane.
Sec. 107333. Octlytriethoxysilane.
Sec. 107334. Methyltris(sec-butylamino)silane.
Sec. 107335. Methyltris(methylethylketoximino)silane (MOS).
Sec. 107336. Heptamethyltrisiloxane.
Sec. 107337. Tetramethyldisiloxane.
Sec. 107338. Dimethylchlorosilane.
Sec. 107339. Dichloromethylsilane.
Sec. 107340. Tris(TFP)-methylcyclo-trisiloxane DR.
Sec. 107341. Tetravinyltetramethylcyclotetrasiloxane.
Sec. 107342. Divinyltetramethyldisiloxane.
Sec. 107343. Input for plant protection agent.
Sec. 107344. Strawberry furanone.
Sec. 107345. Emamectin benzoate.
Sec. 107346. Gibberellic acid.
Sec. 107347. Rose oxide.
Sec. 107348. Vinylene carbonate.
Sec. 107349. Kasugamycin technical.
Sec. 107350. 2H-Cyclododeca[b]pyran.
Sec. 107351. Bixafen.
Sec. 107352. Fluxapyroxad.
Sec. 107353. 3,5 Dimethylpyrazole.
Sec. 107354. Pyraclonil.
Sec. 107355. Imidazolidinyl urea.
Sec. 107356. Allantoin.
Sec. 107357. Emulsifiable concentrate of Imazalil fungicide.
Sec. 107358. Technical cyazofamid fungicide.
Sec. 107359. Imazalil sulfate.
Sec. 107360. 1,2-Dimethylimidazole.
Sec. 107361. 2-Methylimidazole flakes.
Sec. 107362. Diazolidinyl urea.
Sec. 107363. 1-(2-Aminoethyl)imidazolidin-2-one (AEEU).
Sec. 107364. Zinc pyrithione.
Sec. 107365. Technical Pyriofenone fungicide.
Sec. 107366. Picoxystrobin.
Sec. 107367. Triclopyr BEE.
Sec. 107368. Imazapyr.
Sec. 107369. Tetraniliprole.
Sec. 107370. Cyantraniliprole.
Sec. 107371. Chlorantraniliprole.
Sec. 107372. Chlorpyrifos.
Sec. 107373. Technical Cyclaniliprole insecticide.
Sec. 107374. Regorafenib.
Sec. 107375. N-Butyl-TAD.
Sec. 107376. Hindered amine light stabilizer and phenolic antioxidant.
Sec. 107377. 4-Hydroxy-TEMPO.
Sec. 107378. 2,2,6,6-tetramethylpiperidin-4-ol (TMP).
Sec. 107379. 5-Bromo-2-(3-chloropyridin-2-yl)pyrazole-3-carboxylic
acid.
Sec. 107380. 2-Chloro-5-(trifluoromethyl)pyridine.
Sec. 107381. Picarbutrox.
Sec. 107382. 5-amino-3-(trifluromethyl) picolinonitrile (T3630).
Sec. 107383. Dextromethorphan hydrobromide.
Sec. 107384. Ipflufenoquin.
Sec. 107385. THQ.
Sec. 107386. Pyrithiobac sodium.
Sec. 107387. Larotrectinib sulfate.
Sec. 107388. Ibrutinib.
Sec. 107389. Orthosulfamuron.
Sec. 107390. 5-Bromopyrimidine.
Sec. 107391. Butylthion.
Sec. 107392. P-1062.
Sec. 107393. Carfentrazone Technical.
Sec. 107394. UV absorber 928.
Sec. 107395. UV absorber for industrial coatings.
Sec. 107396. Uniconazole-P.
Sec. 107397. VcMMAE.
Sec. 107398. UVA 360.
Sec. 107399. Trofinetide.
Sec. 107400. Flurazole.
Sec. 107401. Oxathiapiprolin.
Sec. 107402. Certain antimicrobial.
Sec. 107403. Rubber accelerator.
Sec. 107404. 2-Amino benzothiazole.
Sec. 107405. Technical Isofetamid fungicide.
Sec. 107406. Clomazone Technical.
Sec. 107407. NEM salt.
Sec. 107408. AMTC wet cake.
Sec. 107409. Photoinitiator 369.
Sec. 107410. Isatoic anhydride.
Sec. 107411. Oclacitinib maleate.
Sec. 107412. Thiencarbazone-methyl.
Sec. 107413. Penoxsulam technical herbicide.
Sec. 107414. Ethyl 2-sulfamoylbenzoate.
Sec. 107415. Sulfosulfuron.
Sec. 107416. Pyrimisulfan.
Sec. 107417. Purified steviol glycoside, rebaudioside A.
Sec. 107418. Glucosylated steviol glycosides.
Sec. 107419. Hydroxypropyl gamma cyclodextrin.
Sec. 107420. Hydroxypropylated beta cyclodextrin.
Sec. 107421. Methyl beta cyclodextrin.
Sec. 107422. 2'-Fucosyllactose.
Sec. 107423. Ascorbyl glucoside.
Sec. 107424. Dimethylamine borane (DMAB).
Sec. 107425. Elderberry extract concentrate.
Sec. 107426. Disperse Yellow 241.
Sec. 107427. Disperse Orange.
Sec. 107428. Mixtures of Disperse Yellow FD11843 and acetic acid.
Sec. 107429. Disperse Blue 54.
Sec. 107430. Mixtures of several disperse dyes.
Sec. 107431. Mixtures of 4 disperse blue dyes.
Sec. 107432. Mixtures of 4 dyes.
Sec. 107433. Disperse Red 86.
Sec. 107434. Disperse Violet 1.
Sec. 107435. Disperse Blue 60.
Sec. 107436. Mixtures of Disperse Orange 29, Disperse Red 167:1, and
Disperse Blue 56.
Sec. 107437. Disperse Yellow 54.
Sec. 107438. Acid Violet 48.
Sec. 107439. Acid Blue 280.
Sec. 107440. Acid Brown 282.
Sec. 107441. Acid Red 131.
Sec. 107442. Acid Red 249.
Sec. 107443. Acid Yellow 236.
Sec. 107444. Acid Red 407.
Sec. 107445. Acid Yellow 220.
Sec. 107446. Acid Yellow 232.
Sec. 107447. Acid Yellow 235.
Sec. 107448. Acid Yellow 151.
Sec. 107449. Acid Violet 43.
Sec. 107450. Acid Black 52.
Sec. 107451. Acid Black 2.
Sec. 107452. Acid Green 25.
Sec. 107453. Basic Brown 23.
Sec. 107454. Basic Violet 11:1 rhodamine dye.
Sec. 107455. Basic Yellow 37.
Sec. 107456. Basic Violet 3.
Sec. 107457. Direct Orange 118.
Sec. 107458. Direct Blue 86.
Sec. 107459. Direct Blue 199.
Sec. 107460. Direct Black 168.
Sec. 107461. Direct Red 227.
Sec. 107462. Direct Yellow 107.
Sec. 107463. Direct Green 26.
Sec. 107464. Direct Yellow 11.
Sec. 107465. Direct Orange 15.
Sec. 107466. Direct Brown 44.
Sec. 107467. Direct Red 81.
Sec. 107468. Direct Yellow 142.
Sec. 107469. Direct Red 80.
Sec. 107470. Direct Red 16.
Sec. 107471. Direct Red 254.
Sec. 107472. Colorant.
Sec. 107473. Direct Yellow 34.
Sec. 107474. Vat Orange 2 dye powder.
Sec. 107475. Vat Violet 13 dye.
Sec. 107476. Vat Brown 3 dye.
Sec. 107477. Vat Red 10 dye powder.
Sec. 107478. Vat Brown 57 dye.
Sec. 107479. Vat Red 31 dye powder.
Sec. 107480. Dye mixtures of Vat Brown 3 and Vat Black 27.
Sec. 107481. Vat Red 13.
Sec. 107482. Vat Yellow 2 dye powder.
Sec. 107483. Vat Yellow 33 dye.
Sec. 107484. Vat Green 1 dye.
Sec. 107485. Vat Green 3.
Sec. 107486. Vat Blue 6 dye.
Sec. 107487. Vat Blue 20 dye.
Sec. 107488. Vat Violet 1.
Sec. 107489. Vat Brown 1 dye.
Sec. 107490. Vat Black 16 dye.
Sec. 107491. Vat Black 25.
Sec. 107492. Vat Black 27.
Sec. 107493. Reactive Yellow 145.
Sec. 107494. Reactive Red 195.
Sec. 107495. Reactive Blue 49.
Sec. 107496. Reactive Blue 72.
Sec. 107497. Reactive Yellow 95 powder.
Sec. 107498. Reactive Red 245.
Sec. 107499. Reactive Brown 11.
Sec. 107500. Mixtures of Reactive Black 5 (Na) (FKP), Reactive Scarlet
F01-0439, and Reactive Orange 131.
Sec. 107501. Reactive Yellow F98-0159.
Sec. 107502. Dye mixtures of Reactive Orange 131 and Reactive Scarlet
F07-0522.
Sec. 107503. Reactive Black 31.
Sec. 107504. Reactive Red 120.
Sec. 107505. Reactive Blue 5.
Sec. 107506. Reactive Orange 13.
Sec. 107507. Reactive Orange 12.
Sec. 107508. Pigment Red 177.
Sec. 107509. Pigment Yellow 110.
Sec. 107510. Pigment Yellow 147.
Sec. 107511. Pigment Orange 64.
Sec. 107512. Pigment Blue 29.
Sec. 107513. Pigment Violet 15.
Sec. 107514. Pigment Blue 14.
Sec. 107515. Solvent Blue 97.
Sec. 107516. Solvent Green 5.
Sec. 107517. Solvent Yellow 98.
Sec. 107518. Solvent Green 7.
Sec. 107519. Solvent Red 195.
Sec. 107520. Solvent Orange 115.
Sec. 107521. Specialty dyes.
Sec. 107522. Solvent Green 3.
Sec. 107523. Solvent Blue 36.
Sec. 107524. Mixtures of Solvent Green 3.
Sec. 107525. Solvent Red 52.
Sec. 107526. Solvent Red 149.
Sec. 107527. Solvent Red 207.
Sec. 107528. Solvent Violet 14.
Sec. 107529. Solvent Yellow 179.
Sec. 107530. Solvent Yellow 131.
Sec. 107531. Hogen Blue XB-20.
Sec. 107532. Solvent Yellow 104.
Sec. 107533. Combination of Fluorescent Brighteners 367 and 371.
Sec. 107534. Fluorescent Brightener CBS-X.
Sec. 107535. Optical Brightener SWN.
Sec. 107536. C.I. Fluorescent Brightener 199:1.
Sec. 107537. Fluorescent Brightener 368.
Sec. 107538. 1,4-Bis(2-cyanostyryl)benzene.
Sec. 107539. Certain manufacturing inputs.
Sec. 107540. Cerium sulfide pigments.
Sec. 107541. Matte pearlescent pigments.
Sec. 107542. Angle-dependent interference pigments.
Sec. 107543. Inorganic Lumilux.
Sec. 107544. Ribbon/Matrix Resin.
Sec. 107545. Bonding agent 2005.
Sec. 107546. Fluoropolymer resin.
Sec. 107547. Zirconium 12 paint drier.
Sec. 107548. Zirconium 24 paint drier.
Sec. 107549. Drier accelerators.
Sec. 107550. Lemon oil.
Sec. 107551. Sulfonic acids, C14-17-sec-alkane, sodium salt.
Sec. 107552. Potassium ethyl octylphosphonate.
Sec. 107553. Intermediate in the production of industrial lubricants.
Sec. 107554. Polyether dispersant.
Sec. 107555. D-Glucopyranose.
Sec. 107556. 2-Dodecoxy-6-(hydroxymethyl)oxane-3,4,5-triol.
Sec. 107557. Mixtures of certain C12-14-alkyl ethers.
Sec. 107558. Manufacturing chemical.
Sec. 107559. Nonionic surfactant.
Sec. 107560. Chemical used in textile manufacturing.
Sec. 107561. Ethoxylated tristyrylphenol phosphate potassium salt.
Sec. 107562. Sodium polycarboxylate, aqueous solution.
Sec. 107563. Aqueous emulsion of a mixture of amine soaps and
miscellaneous other additives.
Sec. 107564. Aqueous dispersion of a mixture of fatty amine and amide
soaps and miscellaneous other additives.
Sec. 107565. Aqueous dispersion of a mixture of fatty amine and amide
soaps and miscellaneous other additives.
Sec. 107566. Photographic gelatin.
Sec. 107567. Ice fountains (class 1.4G).
Sec. 107568. Magic candles containing magnesium powder.
Sec. 107569. Party snappers (Class 1.4G).
Sec. 107570. Fenpyroximate 5SC.
Sec. 107571. Pyrifluquinazon 20SC.
Sec. 107572. Imidacloprid and Muscalure formulations.
Sec. 107573. Formulations of acephate and bifenthrin.
Sec. 107574. Fipronil.
Sec. 107575. Aluminum phosphide.
Sec. 107576. Magnaphos formulations.
Sec. 107577. Formulated oxamyl.
Sec. 107578. Formulated fungicides.
Sec. 107579. Certain fungicides.
Sec. 107580. Prothioconazole, Fluopyram, and Trifloxystrobin
fungicides.
Sec. 107581. Prothioconazole, Metalaxyl, and Tebuconazole fungicides.
Sec. 107582. Mancozeb and Chlorothalonil formulations.
Sec. 107583. Mixtures of Picarbutrox and application adjuvants.
Sec. 107584. Mixtures of Tetraconazole and application adjuvants.
Sec. 107585. Mancozeb and Azoxystrobin formulations.
Sec. 107586. Mixtures of Cymoxanil and fumed dioxosilane.
Sec. 107587. Microthiol formulations.
Sec. 107588. Formulations of thiencarbazone-methyl, Iodosulfuron-
methyl-sodium, and dicamba.
Sec. 107589. Thiencarbazone-methyl, Isoxadifenethyl, and Tembotrione
herbicides.
Sec. 107590. Herbicides used on grasses.
Sec. 107591. Thiencarbazone-methyl, Isoxaflutole, and Cyprosulfamide
herbicides.
Sec. 107592. Thiencarbazone-methyl and Iodosulfuron-methylsodium
herbicides.
Sec. 107593. Thiencarbazone-methyl and Mefenpyr-diethyl herbicides.
Sec. 107594. Thifensulfuron-methyl and Tribenuron-methyl formulations.
Sec. 107595. Tribenuron-methyl formulations.
Sec. 107596. Chlorsulfuron and metsulfuron-methyl formulations.
Sec. 107597. Thifensulfuron-methyl and Fluroxypyr formulations.
Sec. 107598. Aciflurofen formulations.
Sec. 107599. S-Metolachlor and Mestrione herbicides.
Sec. 107600. Metribuzin formulations.
Sec. 107601. Pendimethaline and Metribuzine formulations.
Sec. 107602. Formulations of S-Metolachlor and Metribuzin.
Sec. 107603. Thifensulfuron-methyl and Tribenuron-methyl formulations.
Sec. 107604. Metsulfuron-methyl formulations.
Sec. 107605. Chlorimuron-ethyl formulations.
Sec. 107606. Mixtures of Bromoxynil octanoate and Bromoxynil
heptanoate.
Sec. 107607. Sulfometuron-methyl and Metsulfuron-methyl formulations.
Sec. 107608. Chlorimuron-ethyl and Tribenuron-methyl formulations.
Sec. 107609. Formulations containing Tiafenacil.
Sec. 107610. Diuron 80.
Sec. 107611. Flazasulfuron herbicides.
Sec. 107612. Thifensulfuron-methyl formulations.
Sec. 107613. Herbicide for farm and ranch use.
Sec. 107614. Propanil formulations.
Sec. 107615. Thifensulfuron formulations.
Sec. 107616. Tolpyralate and Nicosulfuron herbicides.
Sec. 107617. Mixtures of magnesium salts and application adjuvants.
Sec. 107618. Nisin formulations.
Sec. 107619. Certain fixatives.
Sec. 107620. Fuel oil additives: cold flow improvers containing
poly(ethylene-co-ethenyl acetate).
Sec. 107621. Fuel oil additives: cold flow improvers containing
fumarate vinyl acetate co-polymer.
Sec. 107622. Crude oil additives: cold flow improvers containing
fumarate vinyl acetate copolymer.
Sec. 107623. Pour point depressants.
Sec. 107624. Fuel oil additives: cold flow improvers containing poly
(ethylene-co-ethenyl acetate and vinyl 2-
ethyl hexanoate).
Sec. 107625. Poly(isobutylene) hydroformylation products.
Sec. 107626. Input for rubber products.
Sec. 107627. Mixtures of oligomers as general antioxidants for rubber
tires.
Sec. 107628. Benzene, 2,4-diisocyanato-1,3,5-tris(1-methylethyl)-,
homopolymer.
Sec. 107629. Aromatic amine antioxidants.
Sec. 107630. Antioxidant blends.
Sec. 107631. Antioxidant blends to protect polymers.
Sec. 107632. Synthetic hydrotalcite coated with fatty acid and
magnesium stearate.
Sec. 107633. Silica scorch retarders and polymerization inhibitors.
Sec. 107634. Synthetic hydrotalcite.
Sec. 107635. Light stabilizers for construction products.
Sec. 107636. Light stabilizer for plastics.
Sec. 107637. Preparations of bis(2,4-dichlorobenzoyl) peroxide 50
percent paste.
Sec. 107638. Distilled tall oils.
Sec. 107639. Pyridine, alkyl derivatives.
Sec. 107640. Polyisocyanate crosslinking agents.
Sec. 107641. Bonding agent mixtures.
Sec. 107642. Liquid, chemically modified amine complex of boron
trifluoride.
Sec. 107643. Phthalocyanine derivative.
Sec. 107644. Mixtures of Cocamidopropyl betaine, glycol distearate,
Laureth-4, and water.
Sec. 107645. Mixtures of tall oil mono-, di-, and triglycerides.
Sec. 107646. Tallow-bis(2-hydroxyethyl) amines.
Sec. 107647. Additive mixtures for metalworking fluids.
Sec. 107648. Naphthenic acids.
Sec. 107649. Hydroxytyrosol powders.
Sec. 107650. Secondary alcohol ethoxylates.
Sec. 107651. Ethylene glycol dimerate.
Sec. 107652. Two-part liquid silicone kits.
Sec. 107653. Hydrophobic precipitated silica.
Sec. 107654. Silane, trimethoxyoctyl-, hydrolysis products.
Sec. 107655. 1,1,1-Trimethyl-N-(trimethylsilyl)silanamine hydrolysis
products.
Sec. 107656. Waterborne epoxy curing agents.
Sec. 107657. Preparations based on 1-phenylicosane-1,3-dione.
Sec. 107658. Mixtures of 2-Mercaptopropionic acid, methyl ester, O-
ethyl dithiocarbonate.
Sec. 107659. Epoxy curing agents.
Sec. 107660. Aliphatic amine curing agents.
Sec. 107661. Non-halogenated flame retardants.
Sec. 107662. Ligaphob N 90.
Sec. 107663. Organomodified siloxane.
Sec. 107664. Methyl palmitate-stearate, hydrogenated.
Sec. 107665. Olfine E1010.
Sec. 107666. Certain non-halogenated flame retardants.
Sec. 107667. Flame retardants.
Sec. 107668. Preparations based on acetyl hexapeptide-8 and
pentapeptide-18.
Sec. 107669. Lithium silicon oxide.
Sec. 107670. Branched olefin from propylene polymerization.
Sec. 107671. Polypropylene pellets.
Sec. 107672. Propylene-ethylene copolymer.
Sec. 107673. Ethylene-propylene copolymers.
Sec. 107674. Benzene alkylated with polypropylene.
Sec. 107675. Chlorinated polyolefin.
Sec. 107676. Adsorbent resin.
Sec. 107677. Vinyl chloride-hydroxypropyl acrylate copolymer.
Sec. 107678. Vinyl chloride ethylene copolymer with hydrophic
properties.
Sec. 107679. Fluids with boiling points above 170 C.
Sec. 107680. Formulations of functionalized perfluoropolyether.
Sec. 107681. Perfluoropolyether-urethane acrylate.
Sec. 107682. PVDF homopolymer/PVDF/CTFE copolymer mixtures.
Sec. 107683. Chemically modified PVDF.
Sec. 107684. Fluoropolymer, fluoroethylene-alkyl vinylether
alternative copolymers.
Sec. 107685. Copolymer of vinyl acetate and higher vinyl esters.
Sec. 107686. Food-grade vinyl acetate copolymer.
Sec. 107687. Vinyl chloride ethylene with enhanced properties.
Sec. 107688. Vinyl acetate ethylene copolymer with enhanced
properties.
Sec. 107689. Food-grade polyvinyl acetate homopolymers.
Sec. 107690. Acrylic acid/vinylsulphonate random copolymers.
Sec. 107691. Poly(methyl methacrylate) microspheres.
Sec. 107692. Methyl methacrylate crosspolymer microspheres.
Sec. 107693. Styrene acrylate copolymer with enhanced properties.
Sec. 107694. Copolymer for dental use.
Sec. 107695. Vinyl phosphonic acid, acrylic acid copolymer, 20 percent
solution in water.
Sec. 107696. Polyacrylate 33.
Sec. 107697. AA/AMPS copolymer.
Sec. 107698. Flocculant dry polyacrylamides.
Sec. 107699. Sorbitol, propylene oxide, ethylene oxide polymer.
Sec. 107700. Trimethoxysilylpropylcarbamate-terminated polyether.
Sec. 107701. Dimethoxy(methyl)silylmethylcarbamate-terminated
polyether.
Sec. 107702. Curing agent is used in two- or three-parts epoxy
systems.
Sec. 107703. Polyethylene glycol 450.
Sec. 107704. Medicinal intermediate for investigational use.
Sec. 107705. Aqueous solutions of carboxylic acid-copolymer-salt in
water.
Sec. 107706. Aqueous solutions of a modified polymer bearing
hydrophilic and hydrophobic groups.
Sec. 107707. Dimethylamine/epichlorohydrin/ethylenediamine copolymer.
Sec. 107708. Linear hydroxyl-terminated aliphatic polycarb diol.
Sec. 107709. Short hollow PET fibers.
Sec. 107710. Polytetrahydrofuran.
Sec. 107711. Crystalline polyesters.
Sec. 107712. Liquid crystal polymers.
Sec. 107713. Branched polyesters.
Sec. 107714. High molecular weight co-polyester.
Sec. 107715. High molecular weight co-polyester.
Sec. 107716. Polyester-polyamide dispersants.
Sec. 107717. Nylon-12 micro-spheres.
Sec. 107718. Short nylon-66 fibers.
Sec. 107719. Short nylon 6 fibers, colored.
Sec. 107720. Short triangular nylon 6 fibers.
Sec. 107721. Short star-shaped nylon 6 fibers.
Sec. 107722. Short heart-shaped nylon 6 fibers.
Sec. 107723. PA510 polymer compounds.
Sec. 107724. MXD6 polymer compounds.
Sec. 107725. PA10T polymer compounds.
Sec. 107726. PA10T/10I polymer compounds.
Sec. 107727. Polyurethane aqueous resins.
Sec. 107728. Aqueous resin.
Sec. 107729. Aliphatic polyisocyanate.
Sec. 107730. IPDI and HDI based aliphatic polyisocyanate.
Sec. 107731. HDI/Trimethylol hexyllactone crosspolymer micro-spheres.
Sec. 107732. HDI/PPG/Polycaprolactone crosspolymer micro-spheres.
Sec. 107733. Aromatic isocyanate prepolymer.
Sec. 107734. Blocked polyisocyanate containing solvent.
Sec. 107735. Polyisocyanate adduct for powder coatings.
Sec. 107736. Blocked polyisocyanate for use in can and coil
applications.
Sec. 107737. Polydimethylsiloxane.
Sec. 107738. Silicone resins.
Sec. 107739. Methoxyfunctional methyl-phenyl polysiloxane.
Sec. 107740. Hydrogenpolysiloxane.
Sec. 107741. Methyl silicone resins.
Sec. 107742. Epoxy functional polydimethylsiloxane.
Sec. 107743. Polymethylhydrogensiloxane.
Sec. 107744. Vinyl terminated siloxanes.
Sec. 107745. Silicone hybrid resin (solvent free).
Sec. 107746. Hydrogenated polycyclopentadiene resin.
Sec. 107747. Water dispersable HDI based polyisocyanate.
Sec. 107748. Cyanate ester resins for high-end electronic, aerospace,
and industrial applications.
Sec. 107749. Polyethyleneimine, component used in manufacturing
medical devices.
Sec. 107750. Polyhexanide.
Sec. 107751. Ethylene-norbornene copolymer.
Sec. 107752. Cellulose powder.
Sec. 107753. Polymaltotriose.
Sec. 107754. Chitosan.
Sec. 107755. Plastic drinking straws.
Sec. 107756. Garden hoses.
Sec. 107757. Plastic fittings of perfluoroalkoxy.
Sec. 107758. Low density polyethylene (LDPE) sheeting.
Sec. 107759. Biaxially oriented dielectric polypropylene film.
Sec. 107760. Biaxially oriented polypropylene (BOPP) capacitor-grade
film.
Sec. 107761. Polyester capacitor-grade film.
Sec. 107762. Acid form membranes.
Sec. 107763. Melamine resin foam.
Sec. 107764. Infant bathtubs and basins, of plastics.
Sec. 107765. Boxes, cases, crates, and similar articles of plastics.
Sec. 107766. Nozzles, black, of polypropylene.
Sec. 107767. Tip/cap combinations of polyethylene.
Sec. 107768. Bottles made of LDPE.
Sec. 107769. Plastic nasal irrigator caps for neti pots.
Sec. 107770. Toy character bottle toppers.
Sec. 107771. Melamine platters, other than those presented in sets.
Sec. 107772. Melamine plates, other than those presented in sets.
Sec. 107773. Melamine bowls not presented in sets.
Sec. 107774. Melamine trays not presented in sets.
Sec. 107775. Plastic measuring cups and spoons in sets.
Sec. 107776. Liquid measuring cups.
Sec. 107777. Self-anchoring beverage containers.
Sec. 107778. PVC infant bathtub mats.
Sec. 107779. Reversible playmats.
Sec. 107780. Hangers.
Sec. 107781. Infant bath rinsing cups.
Sec. 107782. Bathtub spout covers.
Sec. 107783. Infant teethers.
Sec. 107784. Lighted dog fetch toys.
Sec. 107785. Certain thermoplastic nylon 3-gang switch wallplates.
Sec. 107786. Manual plastic disposable cutlery dispensers.
Sec. 107787. Ear bulb syringes of clear silicone.
Sec. 107788. PVC inflatable pillows.
Sec. 107789. Self-inflatable queen air mattresses.
Sec. 107790. Plastic clip fasteners.
Sec. 107791. Self-venting spouts for diesel exhaust fluid.
Sec. 107792. Plastic pet carriers.
Sec. 107793. Plastic mixing tips.
Sec. 107794. Cable ties of plastics.
Sec. 107795. Flexible camera mountings.
Sec. 107796. Three-piece camera mount sets.
Sec. 107797. Magnetic swivel clips for cameras.
Sec. 107798. Helmet camera mounts.
Sec. 107799. Short extension poles for use with cameras.
Sec. 107800. Long extension poles for cameras.
Sec. 107801. Swivel mounts for cameras.
Sec. 107802. Tripod camera mounts.
Sec. 107803. Bulk hydraulic hoses.
Sec. 107804. Brake hydraulic hoses.
Sec. 107805. Bulk fabric/metal-reinforced rubber hoses.
Sec. 107806. Disposable gloves.
Sec. 107807. Reusable gloves.
Sec. 107808. Dog and cat apparel.
Sec. 107809. Polycarbonate vanity cases.
Sec. 107810. Aluminum vanity cases.
Sec. 107811. Suitcases with outer surface of aluminum with built-in
zipper locks.
Sec. 107812. Laminated recycled reusable shopping tote bags.
Sec. 107813. Reusable shopping style tote bags.
Sec. 107814. Waterproof tote bags.
Sec. 107815. Waterproof duffle bags.
Sec. 107816. Waterproof zippered bags, without handles, of plastic
sheeting.
Sec. 107817. Waterproof backpacks.
Sec. 107818. Waterproof waist packs.
Sec. 107819. Guitar cases.
Sec. 107820. Jewelry boxes.
Sec. 107821. Silicone rubber camera cases with straps.
Sec. 107822. Leather gloves with flip mitts for hunting.
Sec. 107823. Men's leather gloves valued at $18 or more per pair.
Sec. 107824. Belts of calf skin.
Sec. 107825. Bamboo engineered flooring: 12.5-12.9 mm thick.
Sec. 107826. Bamboo engineered flooring: 14.1-14.5 mm thick.
Sec. 107827. Bamboo engineered flooring: 15.7-16.1 mm thick.
Sec. 107828. Strand bamboo flooring: 12.5-12.9 mm thick.
Sec. 107829. Strand bamboo flooring: 14.1-14.5 mm thick.
Sec. 107830. Strand bamboo flooring: 10.9-11.3 mm thick.
Sec. 107831. Chopsticks made of bamboo.
Sec. 107832. Drying racks of wood.
Sec. 107833. Bamboo skewers.
Sec. 107834. Wood blinds with louvered slats.
Sec. 107835. 100 percent cotton woven crimped unbleached fabric.
Sec. 107836. Woven fabrics of cotton, containing 85 percent or more by
weight of cotton, not more than 200 grams
per square meter.
Sec. 107837. 100 percent cotton woven bleached fabric pieces, open
weave.
Sec. 107838. Incontinence underpad fabrics of cotton.
Sec. 107839. Woven fabrics of cotton with an average yarn number
between 55 and 60.
Sec. 107840. Woven fabric of cotton of yarn number 69 or higher.
Sec. 107841. Woven fabrics of cotton with an average yarn number
exceeding 68.
Sec. 107842. Incontinence underpad fabrics, cotton, plain weave, of
yarn number 42 or lower.
Sec. 107843. Incontinence underpad fabrics, cotton, plain weave, of
yarn number between 43 and 68.
Sec. 107844. Incontinence underpad fabrics, bleached.
Sec. 107845. Incontinence underpad fabrics, printed.
Sec. 107846. Untwisted filament polyvinyl alcohol yarn, measuring
1,100 to 1,330 decitex.
Sec. 107847. Untwisted filament polyvinyl alcohol yarn.
Sec. 107848. Polypropylene (PP) monofilament.
Sec. 107849. Acrylic fiber tow with an average decitex of 0.9.
Sec. 107850. Black polyester bi-component fibers.
Sec. 107851. Acrylic staple fibers with an average decitex of 2.2,
fiber length of 100 mm.
Sec. 107852. Modacrylic staple fibers not processed for spinning.
Sec. 107853. Short polypropylene fibers.
Sec. 107854. Polyoxadiazole fibers.
Sec. 107855. Artificial staple fibers of viscose rayon, 38-42 mm in
length.
Sec. 107856. Artificial fibers of viscose rayon for the manufacture of
feminine hygiene products.
Sec. 107857. Flame retardant rayon fibers, measuring 4.78 decitex.
Sec. 107858. Flame retardant rayon fibers, measuring 4.55 decitex.
Sec. 107859. Flame retardant rayon fibers, measuring 4.4 decitex.
Sec. 107860. Other flame retardant rayon fibers.
Sec. 107861. Cellulosic man-made viscose rayon staple fibers,
measuring 1.3-1.5 decitex.
Sec. 107862. Viscose rayon staple fibers, measuring 1.5-1.67 decitex,
with a fiber length of 38-42 mm.
Sec. 107863. Cellulosic man-made viscose rayon staple fibers,
measuring 1.67-2 decitex.
Sec. 107864. Viscose rayon staple fibers, measuring 1-2 decitex, with
a fiber length of 4-8 mm.
Sec. 107865. Viscose staple fibers used in textile, medical, or
hygiene applications.
Sec. 107866. Viscose rayon staple fibers, measuring 1.51-2 decitex,
with a fiber length of 8-16 mm.
Sec. 107867. Viscose rayon staple fibers, measuring 1-1.5 decitex,
with a fiber length of 8-16 mm.
Sec. 107868. Flame retardant viscose rayon staple fibers, with a
decitex of 4.7 mm and a fiber length of 51-
60 mm.
Sec. 107869. Viscose rayon staple fibers for nonwoven production.
Sec. 107870. Black viscose rayon staple fibers.
Sec. 107871. Acrylic or modacrylic staple fibers with a decitex of 3-
5.6.
Sec. 107872. Made up hand-cast string-drawn fishing nets.
Sec. 107873. Knitted carpets containing 75 percent or more of cotton,
with a rubber backing.
Sec. 107874. Knitted carpets containing 75 percent or more by weight
of polyester, with a rubber backing.
Sec. 107875. Faux leather fabrics.
Sec. 107876. Grass catcher bags.
Sec. 107877. Oxygenation membrane capillary material.
Sec. 107878. Textile knitted fabrics composed of micromodal and
elastane.
Sec. 107879. Textile technical knitted fabrics combining technical
cotton and elastane.
Sec. 107880. Textile knit fabrics of modal, cashmere, and spandex.
Sec. 107881. Women's and girls' dresses, knitted or crocheted, of
synthetic fibers infused with minerals.
Sec. 107882. Women's and girls' skirts and divided skirts of synthetic
fibers infused with minerals.
Sec. 107883. Women's and girls' knit cardigans or pullovers containing
70 percent or more of silk.
Sec. 107884. Men's and boys' knit cardigans or pullovers of linen.
Sec. 107885. Babies' knit sweaters, pullovers, sweatshirts, waistcoats
(vests), and cardigans, of artificial
fibers.
Sec. 107886. Women's and girls' tops, knitted or crocheted, of man-
made fibers infused with minerals.
Sec. 107887. Men's and boy's tops, knitted or crocheted, of man-made
fibers infused with minerals.
Sec. 107888. Men's 3 mm wetsuits.
Sec. 107889. Men's 5.5 and 6.5 mm wetsuits.
Sec. 107890. Men's 3.5 mm wetsuits.
Sec. 107891. Men's 4.5 mm wetsuits.
Sec. 107892. Women's 3 mm wetsuits.
Sec. 107893. Women's 3.5 mm wetsuits.
Sec. 107894. Women's 4.5 mm wetsuits.
Sec. 107895. Women's 5.5 and 6.5 mm wetsuits.
Sec. 107896. Insulated handmuffs of knit polyester.
Sec. 107897. Men's stockingfoot wader bottom subassemblies, of
compressed neoprene.
Sec. 107898. Men's stockingfoot wader bottom subassemblies, of non-
compressed neoprene.
Sec. 107899. Fishing wader pocket pouch assemblies.
Sec. 107900. Martial arts uniforms.
Sec. 107901. Women's or girls' linen woven blouses, shirts and shirt-
blouses, and sleeveless tank styles.
Sec. 107902. Women's or girls' linen woven washsuits, sunsuits, or
one-piece playsuits.
Sec. 107903. Women's or girls' linen woven coveralls or jumpsuits.
Sec. 107904. Women's shawls and similar goods, 100 percent silk.
Sec. 107905. Winter cycling gloves.
Sec. 107906. Lock pocket tents.
Sec. 107907. Dark room tents.
Sec. 107908. Bi-component microfiber tube mop refills.
Sec. 107909. Microfiber duster refills.
Sec. 107910. RFID mop pads.
Sec. 107911. Microfiber cleaning cloths.
Sec. 107912. Microfiber mop pads.
Sec. 107913. Golf bag body flats.
Sec. 107914. Bathtub elbow rests.
Sec. 107915. Door swings.
Sec. 107916. Under bed restraints.
Sec. 107917. Bath kneeler.
Sec. 107918. Two-piece camera mount kits.
Sec. 107919. Sleeve covers.
Sec. 107920. Men's cycling shoes valued over $18 per pair.
Sec. 107921. Women's cycling shoes valued over $16 per pair.
Sec. 107922. Men's golf shoes with outers and uppers of rubber or
plastics, valued over $20 per pair.
Sec. 107923. Golf shoes other than for men, with outers and uppers of
rubber or plastics, valued over $20 per
pair.
Sec. 107924. Winter cycling boots for men.
Sec. 107925. Winter cycling boots for women.
Sec. 107926. Children's footwear valued over $15 per pair.
Sec. 107927. Women's protective active footwear, valued over $25 per
pair, 15.35-25.4 cm in height.
Sec. 107928. Cheer shoes covering the ankle.
Sec. 107929. Sideline cheer shoes.
Sec. 107930. Men's athletic footwear, valued under $9 per pair.
Sec. 107931. Athletic footwear for women, valued not over $9 per pair.
Sec. 107932. Athletic footwear for children, valued not over $8 per
pair.
Sec. 107933. Men's golf shoes, with outer soles and uppers of rubber
or plastics, not covering the ankle, valued
$15 per pair or over.
Sec. 107934. Golf shoes other than for men, with outer soles and
uppers of rubber or plastics, not covering
the ankle, valued $15 per pair or over.
Sec. 107935. Men's rubber/plastic footwear, valued not over $5 per
pair.
Sec. 107936. Women's rubber/plastic footwear, valued not over $6 per
pair.
Sec. 107937. Cheer shoes with sole less than 12 mm.
Sec. 107938. Men's golf shoes with outers and uppers of rubber or
plastics, valued over $19 per pair.
Sec. 107939. Golf shoes other than for men, outer soles and uppers of
rubber or plastics, valued over $19 per
pair.
Sec. 107940. Men's golf shoes, outer soles of rubber, plastics,
leather or composition leather and uppers
of leather (except pigskin uppers).
Sec. 107941. Women's leather footwear, lined with pigskin with zipper,
valued $47-$60 per pair.
Sec. 107942. Women's leather footwear, lined with pigskin, valued $31-
$40 per pair.
Sec. 107943. Women's slip-on cow/calf hair footwear, valued $50-$60
per pair.
Sec. 107944. Women's leather footwear lined with sheepskin.
Sec. 107945. Women's leather slip-on footwear lined with sheep
leather.
Sec. 107946. Women's leather slip-on footwear lined with pigskin.
Sec. 107947. Women's leather footwear, lined with pigskin, valued $21-
$27 per pair.
Sec. 107948. Women's footwear with leather uppers, lined with pigskin,
closed toe or heel with functional zippers
on sides.
Sec. 107949. Women's footwear with leather uppers, lined with pigskin
with adjustable laces.
Sec. 107950. Competitive cheer shoes with leather uppers.
Sec. 107951. Women's footwear with leather uppers, with strap and
buckle, valued $27-$40 per pair.
Sec. 107952. Children's leather upper athletic footwear, valued not
over $9 per pair.
Sec. 107953. Men's athletic type footwear with uppers of textile
materials of vegetable fibers and outer
soles of rubber or plastic with textile
flocking.
Sec. 107954. Athletic footwear for men, with a bellows tongue, valued
over $6.50 but not over $12 per pair.
Sec. 107955. Athletic footwear for women, with a bellows tongue,
valued over $6.50 but not over $12 per
pair.
Sec. 107956. Athletic footwear for children, bellows tongue, valued
over $6.50 but not over $12 per pair.
Sec. 107957. Athletic footwear for men, valued over $6.50 but not over
$9 per pair.
Sec. 107958. Athletic footwear for children, valued over $6.50 but not
over $9 per pair.
Sec. 107959. Cheer shoes with uppers of textile materials.
Sec. 107960. Women's footwear with textile uppers and 50 percent or
more of the surface area of which is
leather.
Sec. 107961. Women's footwear with textile uppers, open toes or heels,
valued $15-$30 per pair.
Sec. 107962. Men's textile upper footwear, with open toes or open
heels, valued not over $12 per pair.
Sec. 107963. Women's textile upper footwear, with open toes or open
heels, valued not over $12 per pair.
Sec. 107964. Children's textile upper footwear, with open toes or open
heels, valued not over $12 per pair.
Sec. 107965. Oxford-style work footwear with steel safety toe and
static dissipating protection.
Sec. 107966. Oxford footwear with textile uppers and composite toe,
valued over $20 per pair.
Sec. 107967. Men's mid-cut footwear with a textile upper and a
protective toe cap.
Sec. 107968. Women's footwear with leather soles and textile uppers,
open toes or heels, valued $12-$24 per
pair.
Sec. 107969. Footwear for women valued over $20 but not over $24 per
pair.
Sec. 107970. Women's footwear with leather soles and textile uppers,
valued $15-$20 per pair.
Sec. 107971. Women's footwear with leather soles and textile uppers,
valued $20-$25 per pair.
Sec. 107972. Women's footwear with cork soles and textile uppers.
Sec. 107973. Men's footwear with felt soles, not covering the ankle,
valued $20 per pair or higher.
Sec. 107974. Women's and girls' footwear with cork uppers, valued less
than $25 per pair.
Sec. 107975. Women's footwear with cow/calf hair uppers, valued $35-
$40 per pair, covering the ankle.
Sec. 107976. Women's footwear with cow/calf hair uppers, valued $35-
$40 per pair, not covering the ankle.
Sec. 107977. Women's footwear with cow/calf hair uppers, valued $19-
$25 per pair.
Sec. 107978. Women's footwear with cow/calf hair uppers, valued $50-
$55 per pair.
Sec. 107979. Women's footwear, leather soles and rubber/plastic
uppers, valued $16-$18 per pair.
Sec. 107980. Women's footwear with cow/calf hair uppers, valued $19-
$34 per pair.
Sec. 107981. Footwear for women, valued over $50 but not over $60 per
pair.
Sec. 107982. Calf hair upper footwear.
Sec. 107983. Gaiters of man-made fibers.
Sec. 107984. Hats of vegetable fibers.
Sec. 107985. Hairnets.
Sec. 107986. Cotton knit hats, valued $8 or less.
Sec. 107987. Babies' woven cotton hats.
Sec. 107988. Hats of man-made fiber, valued $5-$25.
Sec. 107989. Waterproof and insulated hats with ear flaps, valued over
$15.
Sec. 107990. Fishing wading staffs.
Sec. 107991. Plastic plants for aquariums, not glued or bound.
Sec. 107992. Natural stone ledger tile of sandstone.
Sec. 107993. Marble mosaic and pebble tiles.
Sec. 107994. Natural stone limestone tiles.
Sec. 107995. Natural stone marble tiles.
Sec. 107996. Waterjet natural stone mosaic tile.
Sec. 107997. Marble entertaining and serveware.
Sec. 107998. Articles of marble for kitchen and dining room.
Sec. 107999. Natural stone ledger tiles of travertine.
Sec. 108000. Travertine decorative tile.
Sec. 108001. Limestone decorative tiles.
Sec. 108002. Blank, embossed, and printed stoneware coaster disks and
trivets.
Sec. 108003. Rolled green glass sheets.
Sec. 108004. Framed rear-view mirrors.
Sec. 108005. Wall mirrors, unframed.
Sec. 108006. Wall mirrors, framed.
Sec. 108007. Stemware (crystalline) drinking glasses valued over $0.30
but not over $3 each, other than those
presented in sets.
Sec. 108008. Double-walled insulated glass tumblers.
Sec. 108009. Diamond-shaped stemmed wine glasses.
Sec. 108010. Twisted-center stemless wine glass.
Sec. 108011. Crystalline drinking glasses, without stems, not in sets.
Sec. 108012. Double-walled insulated glass bowls.
Sec. 108013. Leaf-shaped glass decanters.
Sec. 108014. Set of four appetizer plates made of glass with steel
caddy holder, valued at $2 each.
Sec. 108015. Spice rack with glass jars and wooden lids valued not
over $3 each.
Sec. 108016. Glass lens blanks for infrared applications.
Sec. 108017. Hair accessories of glass beads, imitation pearls, and
imitation stones, valued less than $7.
Sec. 108018. Filter bags with acid-resistant coating, of woven
fiberglass laminated to ePTFE, weighing at
least 325 g/m\2\ but not over 350 g/m\2\.
Sec. 108019. Fiberglass replacement wicks for outdoor garden torch.
Sec. 108020. Filter bags of woven fiberglass fabric laminated to an
ePTFE, with a polytetrafluoroethylene
coated backing, not acid resistant,
weighing at least 721 g/m\2\ but not over
771 g/m\2\.
Sec. 108021. Silver catalyst.
Sec. 108022. Silver round blanks.
Sec. 108023. Ferroboron alloy.
Sec. 108024. Cast iron nonmalleable threaded main body combo castings
for residential fuel oil tanks.
Sec. 108025. Cast iron nonmalleable threaded vent caps for residential
fuel oil tanks.
Sec. 108026. Cast iron nonmalleable threaded bushings for residential
fuel oil tanks.
Sec. 108027. Cast iron nonmalleable threaded tank adapters for
residential fuel oil tanks.
Sec. 108028. Cast iron nonmalleable threaded fill alarm main body for
residential fuel oil tanks.
Sec. 108029. Cast iron nonmalleable threaded fill box caps for
residential fuel oil tanks.
Sec. 108030. Cast iron nonmalleable threaded leg flanges for
residential fuel oil tanks.
Sec. 108031. Portable gas cooking stoves.
Sec. 108032. Portable outdoor cookers.
Sec. 108033. Self-anchored beverage containers.
Sec. 108034. Stainless steel handmade kitchen sinks.
Sec. 108035. Loose frame baskets.
Sec. 108036. Two-story fire escape ladders.
Sec. 108037. Three-story fire escape ladders.
Sec. 108038. Work support stands of steel.
Sec. 108039. Locking fixtures of iron or steel.
Sec. 108040. Stainless steel phone handle-and-stand accessories.
Sec. 108041. Circular and S-shaped stainless steel carabiners.
Sec. 108042. Pieces of refined unwrought copper cathode 99.9999
percent pure.
Sec. 108043. Ultra-thin and wide-width aluminum foil.
Sec. 108044. Etched capacitor aluminum foil of a thickness 0.018-0.126
mm.
Sec. 108045. Stove top coffee makers.
Sec. 108046. Aluminum shower caddies.
Sec. 108047. Step stools of aluminum.
Sec. 108048. Aluminum ladders.
Sec. 108049. Circular and S-shaped aluminum carabiners.
Sec. 108050. Stationary sprinklers of zinc.
Sec. 108051. Tungsten waste and scrap.
Sec. 108052. Cobalt alloys.
Sec. 108053. Certain gallium (Ga).
Sec. 108054. Niobium (columbium) rings no thicker than 20 mm.
Sec. 108055. Tungsten secondary raw material.
Sec. 108056. Gear-driven bolt cutters and pipe cutters.
Sec. 108057. Rotary cutters.
Sec. 108058. Food graters.
Sec. 108059. Hand tools for applying plastic clip fasteners to
garments.
Sec. 108060. Steel workstations with vises adjustable by foot pedal.
Sec. 108061. Fixed carbide cutter and roller cone drill bits.
Sec. 108062. Rotary food graters.
Sec. 108063. Coffee presses.
Sec. 108064. Vacuum insulated coffee servers with a brew-through lid.
Sec. 108065. Vacuum insulated coffee servers with no lid.
Sec. 108066. Vacuum insulated coffee servers with fitted hinged lid.
Sec. 108067. Commercial vacuum insulated coffee servers with sight
gauge.
Sec. 108068. Commercial vacuum insulated coffee servers with plastic
base.
Sec. 108069. Commercial vacuum insulated coffee servers with plastic
base and stand.
Sec. 108070. Craft knives with fixed pen-like or retractable blades.
Sec. 108071. Craft knives.
Sec. 108072. Blades for craft knives with non-fixed blades.
Sec. 108073. Ergonomic pinking shears.
Sec. 108074. Spring-action scissors.
Sec. 108075. Electronic locks for lockers.
Sec. 108076. Luggage locks of base metal, packaged for retail sale.
Sec. 108077. Key-operated door handles, push-pull-rotate.
Sec. 108078. Vent mounted magnetic mobile phone holder for
automobiles.
Sec. 108079. Dash mounted magnetic mobile phone holder for
automobiles.
Sec. 108080. Windshield mounted magnetic mobile phone holder for
automobiles.
Sec. 108081. Steel latches with plastic plungers.
Sec. 108082. Non-key-operated door handles.
Sec. 108083. Curtain rings.
Sec. 108084. Brackets.
Sec. 108085. Curtain rods.
Sec. 108086. Curtain rod hardware.
Sec. 108087. Curtain tiebacks.
Sec. 108088. Curtain rod finials.
Sec. 108089. Curved shower rods.
Sec. 108090. Shower hooks and rings.
Sec. 108091. Straight shower rods.
Sec. 108092. Steel window rods.
Sec. 108093. Antitheft steel cases with digital locks.
Sec. 108094. Stainless steel hose kits.
Sec. 108095. Stainless steel hoses.
Sec. 108096. Wrist watch strap buckles not over 18 mm.
Sec. 108097. Wrist watch strap buckles over 18 mm.
Sec. 108098. Used cylinder heads.
Sec. 108099. Cylinder heads used solely or principally with certain
engines.
Sec. 108100. Engine blocks.
Sec. 108101. Swirler assemblies for turbines.
Sec. 108102. Barrels for fuel mixing.
Sec. 108103. Injector assemblies for certain turbines.
Sec. 108104. Stem assemblies for certain turbines.
Sec. 108105. Tip assemblies for non-gas turbines.
Sec. 108106. High pressure fuel pumps.
Sec. 108107. Dry scroll vacuum pumps 364x333x485 mm.
Sec. 108108. Dry scroll vacuum pumps 297x260x420 mm.
Sec. 108109. Dry scroll vacuum pumps 254x260x420 mm.
Sec. 108110. Dry scroll vacuum pumps 181x140x358 mm.
Sec. 108111. Turbomolecular vacuum pumps.
Sec. 108112. Rotary vane vacuum pumps valued over $500 each.
Sec. 108113. Vacuum diffusion pumps valued over $900 each.
Sec. 108114. Hand- or foot-operated air pumps.
Sec. 108115. Roof vent fans.
Sec. 108116. 12-Amp corded electric leaf blowers.
Sec. 108117. Cordless battery powered leaf blowers not exceeding 20
volts.
Sec. 108118. Cordless battery powered leaf blowers between 20 and 60
V.
Sec. 108119. Fan assemblies for cab climate systems.
Sec. 108120. Aquarium air pumps.
Sec. 108121. Heat pumps for residential use.
Sec. 108122. Heat pumps (outdoor units) for split air conditioner
systems.
Sec. 108123. High-wall indoor units.
Sec. 108124. Single-zone outdoor units.
Sec. 108125. Mini heat pumps for split air conditioner systems.
Sec. 108126. Multi-zone outdoor unit ductless systems.
Sec. 108127. Indoor units of split air conditioner systems.
Sec. 108128. Ductless 18000 BTU heat pumps, single zone inverter.
Sec. 108129. Single-phase heat pump.
Sec. 108130. Steel vacuum pitchers with plastic hinged lid.
Sec. 108131. Oil filters.
Sec. 108132. Battery powered nasal irrigators.
Sec. 108133. Struts to absorb vibration.
Sec. 108134. Table saws (25.4 cm.), operable corded and cordless.
Sec. 108135. Sliding miter saws (25.4 cm) with laser, corded and
cordless.
Sec. 108136. Electromechanical rotary hammers, corded and cordless.
Sec. 108137. Electromechanical hammer impact drivers, corded and
cordless.
Sec. 108138. Rotary hammer drill tools with self-contained electric
motor.
Sec. 108139. Drill driver tools with self-contained electric motor.
Sec. 108140. Extruders.
Sec. 108141. Three-dimensional drawing pens.
Sec. 108142. Professional grade three-dimensional drawing pens.
Sec. 108143. Electric multi-functional blower vacuums.
Sec. 108144. Autosamplers (multisamplers) for liquid chromatographs.
Sec. 108145. Autosamplers (vialsamplers) for liquid chromatographs.
Sec. 108146. Hydraulic hammer assembly.
Sec. 108147. Segmented bladder-operated molds, with more than 25-inch
rim diameter.
Sec. 108148. Used valves for directional control.
Sec. 108149. Keg spears with pressure release valves.
Sec. 108150. Multiport distribution controllers.
Sec. 108151. Subsea modular trees.
Sec. 108152. Flow selector unit-multi-port 6-branch engine
crankshafts.
Sec. 108153. Engine crankshafts.
Sec. 108154. Turbocharger journal bearings.
Sec. 108155. Mid-range bearing housings.
Sec. 108156. Heavy duty bearing housings.
Sec. 108157. Fixed ration gear boxes.
Sec. 108158. Track drive gear boxes.
Sec. 108159. Swing bearing assembly.
Sec. 108160. Gears for use in machinery or within engines.
Sec. 108161. 14Y stepper motors.
Sec. 108162. Air door actuators.
Sec. 108163. Servo motors.
Sec. 108164. DC brushed rhombic winding NdFeb magnet motors, with
output under 18.65 W.
Sec. 108165. DC brushed rhombic winding NdFeB magnet motors.
Sec. 108166. DC brushed rhombic winding AlNiCo magnet motors, with
output under 18.65 W.
Sec. 108167. DC brushless rhombic winding NdFeB magnet motors, with
output under 18.65 W.
Sec. 108168. DC brushed rhombic winding NdFeB magnet motors, with
output over 18.65 but not over 37.5 W.
Sec. 108169. DC brushed rhombic winding AlNiCo magnet motors, with
output over 18.65 W but not over 37.5 W.
Sec. 108170. DC brushless slotless rhombic winding NdFeB magnet motors
output over 18.65 W but not over 37.5 W.
Sec. 108171. DC brushed rhombic winding NdFeB magnet motors output
over 37.5 W but not over 74.6 W.
Sec. 108172. DC brushless slotless rhombic winding NdFeB magnet motors
output over 37.5 W but not over 74.6 W.
Sec. 108173. Motors.
Sec. 108174. DC motors of an output exceeding 74.6 W but not exceeding
735 W.
Sec. 108175. DC motors, of an output exceeding 74.6 W but not
exceeding 735 W.
Sec. 108176. DC brushed rhombic winding NdFeB magnet motors output
over 74.6 W but not over 735 W.
Sec. 108177. DC brushless slotless rhombic winding NdFeB magnet motors
output over 74.6 W but not over 735 W.
Sec. 108178. DC motors of an output exceeding 750 W but not exceeding
14.92 kW.
Sec. 108179. DC electric motor for non-aircraft gas turbines.
Sec. 108180. AC alternators.
Sec. 108181. AC alternators with copper windings.
Sec. 108182. Wound stators and rotor assemblies.
Sec. 108183. Rotors.
Sec. 108184. Stators for washing machines, with a 27-tooth design.
Sec. 108185. Stators for washing machines, with an 18-tooth design.
Sec. 108186. Rotors for washing machines, with a height of 60.8 mm.
Sec. 108187. Rotors for washing machines, with a height of 49 mm.
Sec. 108188. 6 V lead-acid storage batteries.
Sec. 108189. 12 V lead-acid storage batteries, used for the auxiliary
source of power.
Sec. 108190. Lead-acid storage batteries, used for wheelchairs.
Sec. 108191. 12 V lead-acid storage batteries, rated at less than 15
ampere-hours.
Sec. 108192. 12 V lead-acid storage batteries, rated at 15 ampere-
hours or more.
Sec. 108193. Cell box assemblies, weighing 15 kg or more but not over
18 kg.
Sec. 108194. Cell box assemblies, weighing 30 kg or more but not over
36 kg.
Sec. 108195. Cell box assemblies, weighing 36 kg or more but not over
49 kg.
Sec. 108196. Cell box assemblies NX.
Sec. 108197. Food processors with a capacity greater than 2.9 liters
but not exceeding 3.1 liters.
Sec. 108198. Food processors with a capacity greater than 1.6 liters
but not exceeding 2.2 liters.
Sec. 108199. Cordless hand blenders.
Sec. 108200. Cordless hand mixers.
Sec. 108201. Corded hand blenders.
Sec. 108202. Burr coffee grinders.
Sec. 108203. Electric food processors with bowl scraper.
Sec. 108204. Electric food processors with snap-locking lid.
Sec. 108205. Electric juice extractors.
Sec. 108206. Electric drink mixers.
Sec. 108207. Spiralizing food processors with a capacity equal to or
greater than 2.36 liters but not exceeding
2.64 liters.
Sec. 108208. Spiralizing food processors with a capacity equal to or
greater than 2.83 liters but not exceeding
3.07 liters.
Sec. 108209. Dicing food processors.
Sec. 108210. Compact food processor with smoothie function.
Sec. 108211. Juice extractors.
Sec. 108212. Integrated baby food making systems.
Sec. 108213. Electric juice mixers and grinders.
Sec. 108214. Ultrasonic humidifiers.
Sec. 108215. Automatic litterboxes, valued no more than $100.
Sec. 108216. Electric toothbrushes.
Sec. 108217. Ultrasonic cool/warm mist humidifiers with aromatherapy.
Sec. 108218. 2-in-1 can opener.
Sec. 108219. Food spiralizing devices.
Sec. 108220. Ceramic bowls.
Sec. 108221. Food grinders for certain electromechanical stand food
mixers.
Sec. 108222. Pasta press extruders for certain stand food mixers.
Sec. 108223. Stainless steel bowls for certain electromechanical stand
food mixers, with capacity greater than 4.2
liters but not exceeding 4.8 liters.
Sec. 108224. Stainless steel bowls for certain electromechanical stand
food mixers, with capacity greater than 2.8
liters but not exceeding 3.4 liters.
Sec. 108225. Stainless steel bowls for certain electromechanical stand
food mixers, with capacity greater than 5.6
liters but not exceeding 8.6 liters.
Sec. 108226. Pasta rollers and cutters for stand food mixers.
Sec. 108227. Glass bowls for certain electromechanical stand food
mixers.
Sec. 108228. Body trimmers for detailed hair trimming.
Sec. 108229. Hair clipper sets.
Sec. 108230. Rechargeable trimmers for trimming human hair.
Sec. 108231. PCB assemblies for clippers and trimmers.
Sec. 108232. LED bicycle wheel spoke lights.
Sec. 108233. Bicycle rear lights.
Sec. 108234. Portable electric lamps.
Sec. 108235. Space heaters.
Sec. 108236. Microwave ovens with capacity not exceeding 22.5 liters.
Sec. 108237. Microwave ovens with capacity exceeding 22.5 liters but
not exceeding 31 liters.
Sec. 108238. Low-profile microwave ovens with electronic opening
mechanism and integral range hood.
Sec. 108239. Low-profile microwave ovens with push button opening
mechanism and integral range hood.
Sec. 108240. Low-profile microwave ovens with electronic opening
mechanism and without a range hood.
Sec. 108241. Searing grills.
Sec. 108242. Automatic drip coffee makers.
Sec. 108243. Espresso machines.
Sec. 108244. Coffee makers with dishwasher safe removable parts.
Sec. 108245. Single-service coffee makers with milk frothers.
Sec. 108246. Electric coffee makers with dual dispensers.
Sec. 108247. Electric coffee makers for brewing capsules.
Sec. 108248. Automatic or manual pour over coffee makers.
Sec. 108249. Removable reservoir coffeemakers.
Sec. 108250. Single serve coffee makers.
Sec. 108251. 2-way coffee makers with a 12-cup carafe and a pod
brewer.
Sec. 108252. Rapid cold brew and hot coffee makers.
Sec. 108253. Electric kettles.
Sec. 108254. Electric toasters with even-toast feature.
Sec. 108255. Electric toasters with 6.5 inch slots.
Sec. 108256. Electric toasters with 37 mm wide slots, with an under-
base cord wrap.
Sec. 108257. 2- and 4-slot toasters, not having a button to keep
toaster contents warm after toasting.
Sec. 108258. 2-slot toasters, with a button to keep toaster content
warm after toasting.
Sec. 108259. Electric toasters with double-slice slots.
Sec. 108260. Electric toasters with 37 mm wide slots, with a
retractable cord.
Sec. 108261. Electric pressure cookers rated more than 800 W but not
more than 1,000 W, with a capacity of not
less than 5 liters.
Sec. 108262. Electric pressure cookers rated more than 1,200 W but not
more than 1,400 W, with a capacity of less
than 5 liters.
Sec. 108263. Electric pressure cookers rated more than 1,000 W but not
more than 1,200 W, with a capacity of less
than 5 liters.
Sec. 108264. Contoured heating pads.
Sec. 108265. Slow cookers with non-stick ceramic coated stoneware.
Sec. 108266. Heating pads.
Sec. 108267. Programmable slow cookers with digital display.
Sec. 108268. 8-Quart electric slow cookers.
Sec. 108269. Programmable slow cookers.
Sec. 108270. Electric slow cookers with locking lid.
Sec. 108271. Double flip waffle makers with removable grids.
Sec. 108272. Ice cream waffle cone and bowl makers.
Sec. 108273. Electric breakfast sandwich makers.
Sec. 108274. Pressure cookers.
Sec. 108275. 10-quart programmable slow cookers.
Sec. 108276. Polished stainless steel 1.5-quart tea kettles.
Sec. 108277. Egg bite makers.
Sec. 108278. Vacuum steel insulated coffee carafes, of a kind used
with deep ultraviolet lithography machines.
Sec. 108279. Vacuum steel insulated carafes for household coffee
machines, of a kind used with deep
ultraviolet lithography machines.
Sec. 108280. Vacuum steel bodies with inner and outer steel layers.
Sec. 108281. Lamp-holder housings of plastic.
Sec. 108282. 660 W, 125 V, lamp-holder with two 15 amp outlets.
Sec. 108283. Combination duplex receptacle/outlet and USB charger, 15-
20 amp, 125 V.
Sec. 108284. Range and dryer receptacles.
Sec. 108285. Residential grade receptacles.
Sec. 108286. Residential and commercial USB receptacles.
Sec. 108287. Power strips.
Sec. 108288. Surge protectors.
Sec. 108289. Programmable controllers for architectural lighting.
Sec. 108290. Electronic modular control panels for generators.
Sec. 108291. Power distribution modules and programmable controllers.
Sec. 108292. Glass capacitive touchscreen assemblies with LCD.
Sec. 108293. Lamps containing deuterium gas without radio-frequency
identification (RFID).
Sec. 108294. Lamps containing deuterium gas with radio-frequency
identification (RFID).
Sec. 108295. Fiber channel coaxial cables of silver-plated copper
conductors and expanded ePTFE dielectrics.
Sec. 108296. Insulated coaxial cables, of a kind used with deep
ultraviolet lithography machines.
Sec. 108297. Coaxial cables insulated with ePTFE, vapor sealed, of a
kind used with deep ultraviolet lithography
machines.
Sec. 108298. Coaxial cables insulated with ePTFE, non-vapor sealed, of
a kind used with deep ultraviolet
lithography machines.
Sec. 108299. Low speed automotive ethernet USB harnesses.
Sec. 108300. High speed autolink cable USB harnesses.
Sec. 108301. Insulated electric conductors, of a kind used with
extreme ultraviolet lithography machines.
Sec. 108302. Insulated electric conductors, of a kind used with deep
ultraviolet lithography machines.
Sec. 108303. Insulated electric conductors, of a kind used with
optical instruments.
Sec. 108304. Rings, blocks, and other insulating fittings of quartz.
Sec. 108305. Front tire splash guards for vehicles.
Sec. 108306. Rear tire splash guards for vehicles.
Sec. 108307. Automatic gear boxes.
Sec. 108308. Suspension systems (struts) for off-highway trucks.
Sec. 108309. Suspension system stabilizer bars.
Sec. 108310. Tie rod assemblies.
Sec. 108311. Used axle housings.
Sec. 108312. Used parts for power trains.
Sec. 108313. Front windshield covers.
Sec. 108314. Expansion chambers.
Sec. 108315. Bicycle racks for car roofs.
Sec. 108316. High pressure fuel injector rails.
Sec. 108317. Stand-up bicycles, having both wheels exceeding 63.5 cm
in diameter.
Sec. 108318. Elliptical cycles, with wheels not exceeding 63.5 cm in
diameter.
Sec. 108319. Bicycle frames, other than of steel, valued $600 or less.
Sec. 108320. Internal gear bicycle hubs, other than two or three
speeds.
Sec. 108321. Bicycle pedals other than clipless pedals.
Sec. 108322. Clipless bicycle pedals and parts thereof.
Sec. 108323. Carbon fiber bicycle seatposts.
Sec. 108324. Bicycle handlebar tape, other than silicon or leather
tape.
Sec. 108325. Trailer cycles.
Sec. 108326. Dropper seatposts.
Sec. 108327. Bicycle fenders.
Sec. 108328. Bicycle handlebars.
Sec. 108329. Multi-functional steel carts.
Sec. 108330. Non-mechanically propelled industrial hand truck.
Sec. 108331. Moving dollies.
Sec. 108332. Paragliders, paraglider wings and paraglider harnesses.
Sec. 108333. Sailing catamarans and power catamarans.
Sec. 108334. Projection lenses.
Sec. 108335. Mounted optical lenses.
Sec. 108336. Objective lenses for broadcast cameras.
Sec. 108337. Objective lenses for cinema cameras.
Sec. 108338. Magnifying spectacles.
Sec. 108339. LCD television panel assemblies, with a video display
measuring over 175.26 cm.
Sec. 108340. LCD television panel assemblies, with a video display
measuring over 149.86 cm but not over
175.26 cm.
Sec. 108341. LCD television panel assemblies, with a video display
measuring over 139.7 cm but not over 149.86
cm.
Sec. 108342. LCD television panel assemblies, with a video display
measuring over 137.16 cm but not over 139.7
cm.
Sec. 108343. Housings designed for infrared lenses.
Sec. 108344. Electronic temperature indicators, weighing 14.2 g.
Sec. 108345. Electronic temperature indicators, weighing 64.4 g.
Sec. 108346. Electronic temperature indicators, weighing 430 g.
Sec. 108347. Global cargo trackers, weighing 660 g.
Sec. 108348. Temperature data monitors, weighing 115 g.
Sec. 108349. Temperature data monitors, weighing 138.9 g.
Sec. 108350. Temperature data monitors, weighing 133.2 g.
Sec. 108351. Parts and accessories of bicycle speedometers.
Sec. 108352. Wired remote controllers.
Sec. 108353. Analog/digital wrist watches.
Sec. 108354. Mechanical wrist watches.
Sec. 108355. Mechanical wrist watches with leather or other band.
Sec. 108356. Analog pocket watches.
Sec. 108357. Projection alarm clocks, non-atomic.
Sec. 108358. Projection atomic alarm clocks.
Sec. 108359. Analog wall clocks without thermometer, hygrometer, or
barometer gauges.
Sec. 108360. Analog clocks with thermometer and hygrometer.
Sec. 108361. Atomic analog wall clocks.
Sec. 108362. Atomic digital clocks.
Sec. 108363. Analog kitchen timers.
Sec. 108364. Wrist watch movements having over one jewel and less than
7 jewels.
Sec. 108365. Watch movements having over 7 jewels and under 17 jewels.
Sec. 108366. Watch cases or ``bodies'' over 41 mm in diameter.
Sec. 108367. Watch cases or ``bodies'' not over 41 mm in diameter.
Sec. 108368. Watch case bezels, backs, and centers.
Sec. 108369. Watch case parts.
Sec. 108370. Stainless steel watch bracelets.
Sec. 108371. Watch dials.
Sec. 108372. Watch crowns.
Sec. 108373. Watch hands.
Sec. 108374. Acoustic guitars.
Sec. 108375. Console digital pianos.
Sec. 108376. Grand digital pianos.
Sec. 108377. Electronic 61-key keyboards.
Sec. 108378. Electric guitars and acoustic/electric guitars.
Sec. 108379. Memory foam travel pillows.
Sec. 108380. Lighting for wall installation.
Sec. 108381. Decorative bathroom fan assemblies (lighting fixtures)
assemblies.
Sec. 108382. Metal household floor lamps.
Sec. 108383. Solar powered pathway lights, each measuring between 36.8
cm and 42 cm in height.
Sec. 108384. Solar powered pathway lights, each measuring between 45
cm and 48 cm in height.
Sec. 108385. Exterior exit viewing lights, dual beam.
Sec. 108386. LED flameless candles.
Sec. 108387. Aquarium LED light strands.
Sec. 108388. LED light modules for bathroom fans/lights.
Sec. 108389. Aquarium LED light sticks.
Sec. 108390. Aquarium LED light strips.
Sec. 108391. Decorative votive candle holders.
Sec. 108392. Candle jar shades.
Sec. 108393. Non-electrical lighting.
Sec. 108394. Outdoor garden or patio torches of bamboo construction.
Sec. 108395. Outdoor garden or patio torches of non-bamboo
construction.
Sec. 108396. Indoor oil lamps with base of glass or metal.
Sec. 108397. Outdoor garden torches for tabletop use.
Sec. 108398. Glass lens arrays for spotlights.
Sec. 108399. Lamp shades.
Sec. 108400. Galvanized steel LED downlight housing frames.
Sec. 108401. Aluminum cylinders for LED lighting fixtures.
Sec. 108402. Galvanized steel brackets and plates for LED lighting
fixtures.
Sec. 108403. Aluminum LED downlight reflectors.
Sec. 108404. Outdoor garden torch replacement canisters.
Sec. 108405. Iris subassemblies for moving lights.
Sec. 108406. Zoom modules for automated moving lights.
Sec. 108407. Golf club heads for fairway woods.
Sec. 108408. Golf club shafts for putters.
Sec. 108409. Steel golf club shafts, other than for putters.
Sec. 108410. Golf club shaft assemblies.
Sec. 108411. Graphite driver golf club shafts, extra stiff flex.
Sec. 108412. Graphite hybrid golf club shafts, extra stiff flex.
Sec. 108413. Graphite irons golf club shafts, extra stiff flex.
Sec. 108414. Graphite driver golf club shafts, regular, senior, adult,
or ladies flex.
Sec. 108415. Graphite golf club driver shafts, stiff flex.
Sec. 108416. Graphite hybrid golf club shafts, regular, senior, adult,
or ladies flex.
Sec. 108417. Graphite hybrid golf club shafts, stiff flex.
Sec. 108418. Graphite irons golf club shafts, regular, senior, adult,
or ladies flex.
Sec. 108419. Graphite irons golf club shafts, stiff flex.
Sec. 108420. Pickleball paddles.
Sec. 108421. Pickleballs.
Sec. 108422. Exercise cycles.
Sec. 108423. Stationary trainers.
Sec. 108424. Multimodality fitness equipment, without integrated
contact grip heart rate monitor.
Sec. 108425. Multimodality fitness equipment with integrated power
sensor to measure the user's upper body
power input.
Sec. 108426. Parts and accessories for treadmills.
Sec. 108427. Parts and accessories for ellipticals.
Sec. 108428. Parts and accessories for stationary exercise cycles.
Sec. 108429. Parts and accessories for weight training equipment.
Sec. 108430. Parts and accessories for certain exercise equipment
machines.
Sec. 108431. Lateral elliptical machines.
Sec. 108432. Adjustable-weight kettlebells.
Sec. 108433. Adjustable-weight barbell.
Sec. 108434. Exercise cycles with dual-position handgrips.
Sec. 108435. Exercise cycles with single handgrips.
Sec. 108436. Upright exercise cycles.
Sec. 108437. Recumbent exercise cycles with touchscreen consoles.
Sec. 108438. Leaning exercise cycles.
Sec. 108439. Rod gyms, with vertical bench.
Sec. 108440. Rod and resistance gyms, with flat benches.
Sec. 108441. Foldable treadmills, with LCD consoles with control
keypads.
Sec. 108442. Foldable treadmills, with touchscreen consoles measuring
44.5 cm or less.
Sec. 108443. Indoor cycling machines with wireless data touchscreen
displays.
Sec. 108444. Indoor cycling machines with LCD consoles and two water
bottle holders.
Sec. 108445. Indoor cycling machines with LCD consoles and single
water bottle holder.
Sec. 108446. Recumbent elliptical machines.
Sec. 108447. Fitness equipment combining the functions of an
elliptical and a stair stepper, weight over
90 kgs.
Sec. 108448. Foldable treadmills with touchscreen console greater than
44.4 cm.
Sec. 108449. Interactive indoor cycling exercise cycles.
Sec. 108450. Multimodality fitness equipment, with integrated contact
grip heart rate monitors.
Sec. 108451. Fishing reels valued not over $2.70 each, pre-spooled,
with rod and fishing line.
Sec. 108452. Fishing reels valued not over $2.70 each.
Sec. 108453. Hard artificial crankbaits.
Sec. 108454. Collapsible big game decoys.
Sec. 108455. Vacuum steel hinged lid pitchers, not exceeding 1 liter.
Sec. 108456. Vacuum insulated drinkware having a capacity exceeding 1
liter but not exceeding 2 liters.
Sec. 108457. Vacuum insulated drinkware having a capacity exceeding 2
liters but not exceeding 4 liters.
Sec. 108458. Vacuum glass lined steel coffee servers over 2 liters.
Sec. 108459. Vacuum glass lined steel coffee servers over 2 liters
with lever dispensing.
Subtitle B--Existing Duty Suspensions and Reductions
Sec. 108460. Extension of certain existing duty suspensions and
reductions and other modifications.
Subtitle C--Effective Date and Technical Corrections Authority
Sec. 108461. Effective date.
Sec. 108462. Authority to make technical and conforming changes.
DIVISION L--COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE
Sec. 110001. Recompete pilot program.
Sec. 110002. Centers of excellence for domestic maritime workforce
training and education.
Sec. 110003. Freight Rail Innovation Institute.
Sec. 110004. Economic adjustment assistance for energy and industrial
transition communities.
DIVISION M--SENSE OF CONGRESS REGARDING NEGATIVE PERCEPTION OF PERSONS
OF ASIAN ANCESTRY AND FEDERAL LAW ENFORCEMENT
Sec. 120001. Sense of Congress regarding negative perception of persons
of Asian ancestry and Federal law
enforcement.
DIVISION N--PROHIBITING USE OF FUNDS FOR PUBLICITY OR PROPAGANDA
Sec. 130001. Prohibiting Use of Funds for Publicity or Propaganda.
DIVISION O--NATIONAL SECURITY RESTRICTIONS ON USE OF CERTAIN FUNDS
Sec. 140001. Prohibition on use of funds to obtain communications
equipment or services posing national
security risk.
DIVISION P--AGRICULTURE FOREIGN INVESTMENT DISCLOSURE REFORM
Sec. 150001. Short title.
Sec. 150002. Annual reports.
Sec. 150003. Reports to Congress.
Sec. 150004. Civil penalty for failure to report or misreporting.
DIVISION Q--EMERGING TECHNOLOGY LEADS
Sec. 160001. Emerging technology leads.
DIVISION R--COMMITTEE ON SMALL BUSINESS
Sec. 170001. Child care resource guide.
DIVISION S--OCEAN SHIPPING REFORM
Sec. 180001. Purposes.
Sec. 180002. Service contracts.
Sec. 180003. Shipping exchange registry.
Sec. 180004. Data collection.
Sec. 180005. National shipper advisory committee.
Sec. 180006. Annual report and public disclosures.
Sec. 180007. General prohibitions.
Sec. 180008. Prohibition on unreasonably declining cargo.
Sec. 180009. Detention and demurrage.
Sec. 180010. Assessment of penalties.
Sec. 180011. Investigations.
Sec. 180012. Injunctive relief.
Sec. 180013. Technical amendments.
Sec. 180014. Authorization of appropriations.
Sec. 180015. NAS study on supply chain industry.
Sec. 180016. Temporary emergency authority.
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.
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 accounts within the Department
of Commerce to be used for such purposes.
(2) Appropriation.--
(A) In addition to amounts otherwise available for
such purposes, there is appropriated to the Fund
established in subsection (a)(1), out of amounts in the
Treasury not otherwise appropriated--
(i) for fiscal year 2022, $24,000,000,000,
to remain available until expended, of which
$19,000,000,000 shall be for section 9902 of
Public Law 116-283, $2,000,000,000 shall be for
subsection (c) of section 9906 of Public Law
116-283, $2,500,000,000 shall be for subsection
(d) of section 9906 of Public Law 116-283, and
$500,000,000 shall be for subsections (e) and
(f) of section 9906 of Public Law 116-283;
(ii) for fiscal year 2023, $7,000,000,000
to remain available until expended, of which
$5,000,000,000 shall be for section 9902 of
Public Law 116-283 and $2,000,000,000 shall be
for subsections (c), (d), (e), and (f) of
section 9906 of Public Law 116-283;
(iii) for fiscal year 2024, $6,300,000,000,
to remain available until expended, of which
$5,000,000,000 shall be for section 9902 of
Public Law 116-283 and $1,300,000,000 shall be
for subsections (c), (d), (e), and (f) of
section 9906 of Public Law 116-283;
(iv) for fiscal year 2025, $6,100,000,000,
to remain available until expended, of which
$5,000,000,000 shall be for section 9902 of
Public Law 116-283 and $1,100,000,000 shall be
for subsections (c), (d), (e), and (f) of
section 9906 of Public Law 116-283; and
(v) for fiscal year 2026, $6,800,000,000,
to remain available until expended, of which
$5,000,000,000 shall be for section 9902 of
Public Law 116- 283 and $1,800,000,000 shall be
for subsections (c), (d), (e), and (f) of
section 9906 of Public Law 116-283.
(B) The Secretary of Commerce may use--
(i) up to $6,000,000,000 of the amounts
made available for fiscal year 2022 for section
9902 of Public Law 116-283 for the cost of
direct loans and loan guarantees, as authorized
by section 9902 of Public Law 116-283, provided
that--
(I) such costs, including the cost
of modifying such loans and loan
guarantees shall be as defined in
section 502 of the Congressional Budget
Act of 1974; and
(II) these funds are available to
subsidize gross obligations for the
principal amount of direct loans and
total loan principal, any part of which
is to be guaranteed, not to exceed
$75,000,000,000; and
(ii) up to 2 percent of the amounts made
available in each fiscal year for salaries and
expenses, administration, and oversight
purposes to carry out sections 9902, 9904 and
9906 of Public Law 116-283, of which $5,000,000
in each of fiscal years 2022 through 2026 shall
be transferred to the Office of Inspector
General of the Department of Commerce to
oversee expenditures from the Fund. The
requirement to transfer and merge funds for
carrying out section 9906 of Public Law 116-283
shall not apply to amounts used pursuant to
this provision.
(3) Assistance for mature technology nodes.--
(A) Of the amount available in fiscal year 2022 to
implement section 9902 of Public Law 116-283,
$2,000,000,000 shall be to provide Federal financial
assistance to covered entities to incentivize
investment in facilities and equipment in the United
States for the fabrication, assembly, testing, or
advanced packaging of semiconductors at mature
technology nodes.
(B) In addition to the procedures, eligibility, and
considerations for review specified in subsection
9902(a)(2) of Public Law 116-283, in order for an
entity to qualify to receive Federal financial
assistance under this paragraph, the covered entity
shall--
(i)(I) provide equipment or materials for
the fabrication, assembly, testing, or advanced
packaging of semiconductors at mature
technology nodes in the United States; or
(II) fabricate, assemble using advanced
packaging, or test semiconductors at mature
technology nodes in the United States; and
(ii) commit to using any Federal financial
assistance received under this section to
increase the production of semiconductors at
mature technology nodes.
(C) ln addition to the considerations described in
subsection 9902(a)(2)(C) of Public Law 116-283, in
granting Federal financial assistance under this
paragraph, the Secretary may consider whether a covered
entity produces or supplies equipment or materials used
in the fabrication, assembly, testing, or advanced
packaging of semiconductors at mature technology nodes
that are necessary to support a critical manufacturing
industry.
(D) ln awarding Federal financial assistance to
covered entities under this paragraph, the Secretary
shall give priority to covered entities that support
the resiliency of semiconductor supply chains for
critical manufacturing industries in the United States.
(E) In this paragraph, the term ``critical
manufacturing industry''--
(i) means an industry that is assigned a
North American Industry Classification System
code beginning with 31, 32, or 33, and for
which the industry components that are assigned
a North American Industry Classification System
code beginning with the same 4 digits as the
industry--
(I) manufacture primary products
and parts, the sum of which account for
not less than 5 percent of the
manufacturing value added by industry
gross domestic product of the United
States; and
(II) employ individuals for primary
products and parts manufacturing
activities that, combined, account for
not less than 5 percent of
manufacturing employment in the United
States; and
(ii) may include any other manufacturing
industry designated by the Secretary based on
the relevance of the manufacturing industry to
the national and economic security of the
United States, including the impacts of job
losses.
(F) In this paragraph, the term ``mature technology
node'' has the meaning given the term by the Secretary
of Commerce.
(4) Allocation authority.--
(A) Submission of cost estimates.--The President
shall submit to Congress detailed account, program, and
project allocations of the full amount made available
under subsection (a)(2)--
(i) for fiscal years 2022 and 2023, not
later than 90 days after the date of enactment
of this Act; and
(ii) for each subsequent fiscal year
through 2026, as part of the annual budget
submission of the President under section
1105(a) of title 31, United States Code.
(B) Alternate allocation.--
(i) In general.--The Committees on
Appropriations of the House of Representatives
and the Senate may provide for alternate
allocation of amounts made available under
subsection (a)(2), including by account,
program, and project.
(ii) Allocation by president.--
(I) No alternate allocations.--If
Congress has not enacted legislation
establishing alternate allocations,
including by account, program, and
project, by the date on which the Act
making full-year appropriations for the
Department of Commerce, Justice,
Science, and Related Agencies for the
applicable fiscal year is enacted into
law, only then shall amounts made
available under subsection (a)(2) be
allocated by the President or
apportioned or allotted by account,
program, and project pursuant to title
31, United States Code.
(II) Insufficient alternate
allocation.--If Congress enacts
legislation establishing alternate
allocations, including by account,
program, and project, for amounts made
available under subsection (a)(2) that
are less than the full amount
appropriated under that subsection, the
difference between the amount
appropriated and the alternate
allocation shall be allocated by the
President and apportioned and allotted
by account, program, and project
pursuant to title 31, United States
Code.
(b) Chips for America Defense Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund to be known as the ``Creating Helpful
Incentives to Produce Semiconductors (CHIPS) for America
Defense Fund'' (referred to in this subsection as the ``Fund'')
to provide for research, development, test and evaluation,
workforce development, and other requirements that are unique
to the Department of Defense and the intelligence community,
including those requirements that are necessary to carry out
section 9903(b) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-
283). Amounts in the Fund shall be transferred to and merged
with accounts within the Department of Defense to be used for
such purposes. Amounts in the Fund or transferred to and merged
with accounts within the Department of Defense may not be used
for construction of facilities.
(2) Appropriation.--In addition to amounts otherwise
available for such purposes, there is appropriated to the Fund
established in subsection (b)(1), out of amounts in the
Treasury not otherwise appropriated--
(A) for fiscal year 2022, $400,000,000, to remain
available until September 30, 2022;
(B) for fiscal year 2023, $400,000,000, to remain
available until September 30, 2023;
(C) for fiscal year 2024, $400,000,000, to remain
available until September 30, 2024;
(D) for fiscal year 2025, $400,000,000, to remain
available until September 30, 2025; and
(E) for fiscal year 2026, $400,000,000, to remain
available until September 30, 2026.
(3) Allocation authority.--
(A) Submission of cost estimates.--The President
shall submit to Congress detailed account, program
element, and project allocations of the full amount
made available under subsection (b)(2)--
(i) for fiscal years 2022 and 2023, not
later than 90 days after the date of enactment
of this Act; and
(ii) for each subsequent fiscal year
through 2026, as part of the annual budget
submission of the President under section
1105(a) of title 31, United States Code.
(B) Alternate allocation.--
(i) In general.--The Committees on
Appropriations of the House of Representatives
and the Senate may provide for alternate
allocation of amounts made available under
subsection (b)(2), including by account,
program element, and project.
(ii) Allocation by president.--
(I) No alternate allocations.--If
Congress has not enacted legislation
establishing alternate allocations,
including by account, program element,
and project, by the date on which the
Act making full-year appropriations for
the Department of Defense for the
applicable fiscal year is enacted into
law, only then shall amounts made
available under subsection (b)(2) be
allocated by the President or
apportioned or allotted by account,
program element, and project pursuant
to title 31, United States Code.
(II) Insufficient alternate
allocation.--If Congress enacts
legislation establishing alternate
allocations, including by account,
program element, and project, for
amounts made available under subsection
(b)(2) that are less than the full
amount appropriated under that
subsection, the difference between the
amount appropriated and the alternate
allocation shall be allocated by the
President and apportioned and allotted
by account, program element, and
project pursuant to title 31, United
States Code.
(c) Chips for America International Technology Security and
Innovation Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund to be known as the ``Creating Helpful
Incentives to Produce Semiconductors (CHIPS) for America
International Technology Security and Innovation Fund''
(referred to in this subsection as the ``Fund'') to provide for
international information and communications technology
security and semiconductor supply chain activities, including
to support the development and adoption of secure and trusted
telecommunications technologies, secure semiconductors, secure
semiconductors supply chains, and other emerging technologies
and to carry out sections 9905 and 9202(a)(2) of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal
Year 2021 (Public Law 116-283), as appropriate. Amounts in the
Fund shall be transferred by the Secretary of State to accounts
within the Department of State, the United States Agency for
International Development, the Export-Import Bank, and the
United States International Development Finance Corporation, as
appropriate, to be used for such purposes and under the terms
and conditions of the account to which transferred.
(2) Appropriation.--
(A) In addition to amounts otherwise available for
such purposes, there is appropriated to the Fund
established in subsection (c)(1), out of amounts in the
Treasury not otherwise appropriated--
(i) for fiscal year 2022, $100,000,000, to
remain available until September 30, 2026;
(ii) for fiscal year 2023, $100,000,000, to
remain available until September 30, 2027;
(iii) for fiscal year 2024, $100,000,000,
to remain available until September 30, 2028;
(iv) for fiscal year 2025, $100,000,000, to
remain available until September 30, 2029; and
(v) for fiscal year 2026, $100,000,000, to
remain available until September 30, 2030.
(B) In carrying out this subsection, the Secretary
of State may use up to $5,000,000 of the amounts made
available in each fiscal year for the Fund for salaries
and expenses, administration, and oversight purposes,
of which $500,000 in each of fiscal years 2022 through
2026 shall be transferred to the Office of Inspector
General of the Department of State to oversee
expenditures under the Fund.
(3) Allocation authority.--
(A) Submission of cost estimates.--The President
shall submit to Congress detailed account, program,
project, and activity allocations of the full amount
made available under subsection (c)(2)--
(i) for fiscal years 2022 and 2023, not
later than 90 days after the date of enactment
of this Act; and
(ii) for each subsequent fiscal year
through 2026, as part of the annual budget
submission of the President under section
1105(a) of title 31, United States Code.
(B) Alternate allocation.--
(i) In general.--The Committees on
Appropriations of the House of Representatives
and the Senate may provide for alternate
allocation of amounts made available under
subsection (c)(2), including by account,
program, project, and activity.
(ii) Allocation by president.--
(I) No alternate allocations.--If
Congress has not enacted legislation
establishing alternate allocations,
including by account, program, project,
and activity, by the date on which the
Act making full-year appropriations for
the Department of State, Foreign
Operations, and Related Programs for
the applicable fiscal year is enacted
into law, only then shall amounts made
available under subsection (c)(2) be
allocated by the President or
apportioned or allotted by account,
program, project, and activity pursuant
to title 31, United States Code.
(II) Insufficient alternate
allocation.--If Congress enacts
legislation establishing alternate
allocations, including by account,
program, project, and activity, for
amounts made available under subsection
(c)(2) that are less than the full
amount appropriated under that
subsection, the difference between the
amount appropriated and the alternate
allocation shall be allocated by the
President and apportioned and allotted
by account, program, project, and
activity pursuant to title 31, United
States Code.
(d) Sequestration.--Section 255(g)(1)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 905(g)(1)(A)) is
amended by inserting after ``Continuing Fund, Southwestern Power
Administration (89-5649-0-2-271).'' the following:
``Creating Helpful Incentives to Produce
Semiconductors (CHIPS) for America Fund.
``Creating Helpful Incentives to Produce
Semiconductors (CHIPS) for America Defense Fund.
``Creating Helpful Incentives to Produce
Semiconductors (CHIPS) for America International
Technology Security and Innovation Fund.''.
(e) Statutory PAYGO Scorecards.--The budgetary effects of this
section shall not be entered on either PAYGO scorecard maintained
pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010.
(f) Limitation on Using Amounts for Stock Buybacks or the Payment
of Dividends.--
(1) In general.--A person receiving amounts appropriated
under this section or from a covered fund may not use such
amounts--
(A) to purchase an equity security that is listed
on a national securities exchange of such person or any
parent company of such person; or
(B) to pay dividends or make other capital
distributions with respect to the common stock (or
equivalent interest) of the person.
(2) Covered fund.--In this subsection, the term ``covered
fund'' means--
(A) the Creating Helpful Incentives to Produce
Semiconductors (CHIPS) for America Fund;
(B) the Creating Helpful Incentives to Produce
Semiconductors (CHIPS) for America Defense Fund; and
(C) the Creating Helpful Incentives to Produce
Semiconductors (CHIPS) for America International
Technology Security and Innovation Fund.
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 by inserting at the end of such
subparagraph the following: ``Any applicant with more
than 100 employees shall provide data to the Secretary
on the racial diversity of their workforce.''; and
(D) by inserting after subparagraph (C) the
following:
``(D) Priority.--In awarding Federal financial
assistance to covered entities under subsection (a),
the Secretary shall give priority to ensuring that a
covered entity receiving financial assistance will--
``(i) manufacture semiconductors necessary
to address gaps and vulnerabilities in the
domestic supply chain across a diverse range of
technology and process nodes; and
``(ii) provide a secure supply of
semiconductors necessary for the national
security, manufacturing, critical
infrastructure, and technology leadership of
the United States and other essential elements
of the economy of the United States.'';
(3) in paragraph (4)(A), by striking ``used for
semiconductors'' and inserting ``used for the purposes'';
(4) in subsection (c)(1)(B)--
(A) in clause (i), by striking ``; and'' and
inserting a semicolon; and
(B) by adding at the end the following:
``(iii) the Federal Government could take
specific actions to address shortages in the
semiconductor supply chain, including--
``(I) demand-side incentives,
including incentives related to the
information and communications
technology supply chain; and
``(II) additional incentives, at
national and global scales, to
accelerate utilization of leading-edge
semiconductor nodes to address
shortages in mature semiconductor
nodes; and'';
(5) in subsection (c)(1)(C)(iii), by striking ``including
efforts to hire individuals from disadvantaged populations;
and'' and inserting ``including--
``(I) efforts to hire individuals
from disadvantaged populations; and
``(II) the aggregated racial
diversity of workforce data for
applicants who received awards made
under the program and separately for
applicants who unsuccessfully applied
for such an award; and''; and
(6) by adding at the end the following:
``(d) Sense of Congress.--It is the sense of Congress that, in
carrying out subsection (a), the Secretary should allocate funds in a
manner that--
``(1) strengthens the security and resilience of the
semiconductor supply chain, including by mitigating gaps and
vulnerabilities;
``(2) provides a supply of secure semiconductors relevant
for national security;
``(3) strengthens the leadership of the United States in
semiconductor technology;
``(4) grows the economy of the United States and supports
job creation in the United States;
``(5) in consultation with the Director of the Minority
Business Development Agency, adequately addresses the inclusion
of economically disadvantaged individuals and similarly-
situated small businesses; and
``(6) improves the resiliency of the semiconductor supply
chains of critical manufacturing industries.
``(e) Additional Assistance for Mature Technology Nodes.--
``(1) In general.--The Secretary shall establish within the
program established under subsection (a) an additional program
that provides Federal financial assistance to covered entities
to incentivize investment in facilities and equipment in the
United States for the fabrication, assembly, testing, or
advanced packaging of semiconductors at mature technology
nodes.
``(2) Eligibility and requirements.--In order for an entity
to qualify to receive Federal financial assistance under this
subsection, the covered entity shall--
``(A) submit an application under subsection
(a)(2)(A);
``(B) meet the eligibility requirements under
subsection (a)(2)(B);
``(C)(i) provide equipment or materials for the
fabrication, assembly, testing, or advanced packaging
of semiconductors at mature technology nodes in the
United States; or
``(ii) fabricate, assemble using advanced
packaging, or test semiconductors at mature technology
nodes in the United States;
``(D) commit to using any Federal financial
assistance received under this section to increase the
production of semiconductors at mature technology
nodes; and
``(E) be subject to the considerations described in
subsection (a)(2)(C).
``(3) Procedures.--In granting Federal financial assistance
to covered entities under this subsection, the Secretary may
use the procedures established under subsection (a).
``(4) Considerations.--In addition to the considerations
described in subsection (a)(2)(C), in granting Federal
financial assistance under this subsection, the Secretary may
consider whether a covered entity produces or supplies
equipment or materials used in the fabrication, assembly,
testing, or advanced packaging of semiconductors at mature
technology nodes that are necessary to support a critical
manufacturing industry.
``(5) Priority.--In awarding Federal financial assistance
to covered entities under this subsection, the Secretary shall
give priority to covered entities that support the resiliency
of semiconductor supply chains for critical manufacturing
industries in the United States.
``(6) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary to carry out
this subsection $2,000,000,000, which shall remain available
until expended.
``(f) Construction Projects.--Section 602 of the Public Works and
Economic Development Act of 1965 (42 U.S.C. 3212) shall apply to a
construction project that receives financial assistance from the
Secretary under this section.''.
(c) Advanced Microelectronics Research and Development.--Section
9906 of the William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (Public Law 116-283) is amended--
(1) in subsection (a)(3)(A)(ii)(II), by inserting ``,
including for technologies based on organic and inorganic
materials'' before the semicolon at the end; and
(2) by adding at the end the following:
``(h) Infrastructure Grants.--Section 602 of the Public Works and
Economic Development Act of 1965 (42 U.S.C. 3212) shall apply to a
construction project that receives financial assistance from the
Secretary under this section.''.
(d) Loan Guarantee Authorities.--Section 9902 of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283) is amended by adding at the end the
following:
``(d) Loans and Loan Guarantees.--Subject to the requirements of
subsection (a) of this section, the Secretary of Commerce is authorized
to make or guarantee loans to covered entities as financial assistance
under this section. Loans made or guaranteed under this section will be
on such terms and conditions as the Secretary may prescribe.''.
(e) Administrative Changes.--Section 9906 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283) is amended--
(1) in subsection (c)(1) by adding at the end the
following: ``The Secretary may make financial assistance awards
in support of the center.'';
(2) in subsection (c)(2)(B) by inserting ``and capitalize''
before ``an investment fund'';
(3) in subsection (d) by--
(A) striking ``the Manufacturing USA institute''
and inserting ``a Manufacturing USA institute''; and
(B) adding to the end the following: ``The Director
may make financial assistance awards in support of the
Program.''; and
(4) in subsection (f) by--
(A) striking ``a Manufacturing USA Institute'' and
inserting ``one or more Manufacturing USA Institutes'';
(B) striking ``is focused on semiconductor
manufacturing'' and inserting ``are focused on
semiconductor manufacturing'';
(C) inserting ``The Secretary may also provide
financial assistance to any Manufacturing USA institute
for work related to semiconductor manufacturing.''
after ``focused on semiconductor manufacturing.''; and
(D) striking ``Such institute may emphasize'' and
inserting ``Such institutes may emphasize''.
(f) Additional Authorities.--The William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283) is amended by adding at the end the following:
``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.''.
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 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.
SEC. 10004. ADDITIONAL GAO REPORTING REQUIREMENT.
Section 9902(c)(1)(C) of William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283) is
amended--
(1) in clause (iii), by striking ``; and'' and inserting a
semicolon; and
(2) by inserting after clauve (iv) the following new
clause:
``(v) how projects are supporting the
semiconductor needs of critical infrastructure
industries in the United States, including
those industries designated by the
Cybersecurity and Infrastructure Security
Agency as essential infrastructure industries;
and''.
SEC. 10005. COMPTROLLER GENERAL REPORT.
Not later than September 30, 2023, the Comptroller General of the
United States shall submit to Congress a report on the number and
amount of awards made pursuant to sections 9902 and 9202(a)(1) of the
William M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283), disaggregated by recipients of
each such award that are majority owned and controlled by minority
individuals and majority owned and controlled by women.
SEC. 10006. MODIFICATION TO CERTAIN GAO REPORTS.
(a) Semiconductor Incentives.--Section 9902(c)(1) of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283) is amended--
(1) in subparagraph (B)(ii), by striking ``and'' at the
end;
(2) by adding at the end the following new subparagraph:
``(D) the number and amount of contracts and
subcontracts awarded by a covered entity using funds
made available under subsection (a) disaggregated by
recipients of each such contract or subcontracts that
are majority owned and controlled by minority
individuals and majority owned and controlled by women;
and''.
(b) Department of Defense.--Section 9202(a)(1)(G)(ii)(I) of the
William M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283) is amended by inserting
``(including whether recipients are majority owned and controlled by
minority individuals and majority owned and controlled by women)''
after ``to whom''.
SEC. 10007. EXPANDING THE SEMICONDUCTOR INCENTIVE PROGRAM TO INCLUDE
NONPROFITS.
Section 9901(2) of William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283) is amended
by inserting ``a nonprofit entity'' before ``a private entity''.
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 of Science: A Twenty-Year Outlook',
published by the Office of Science of the
Department of Energy in August, 2007; and
``(iii) the publication approved by the
Basic Energy Sciences Advisory Committee on
June 9, 2016, titled `Report on Facility
Upgrades'.
``(C) Start of operations.--The Secretary shall,
subject to the availability of appropriations, ensure
that the start of full operations of the second target
station under this paragraph occurs before December 31,
2033, with the option for early operation in 2029.
``(D) Funding.--Out of funds authorized to be
appropriated under subsection (j), there are authorized
to be appropriated to the Secretary to carry out the
activities under this paragraph, including
construction--
``(i) $70,000,000 for fiscal year 2022;
``(ii) $127,000,000 for fiscal year 2023;
``(iii) $204,000,000 for fiscal year 2024;
``(iv) $279,000,000 for fiscal year 2025;
and
``(v) $300,000,000 for fiscal year 2026.
``(7) Advanced light source upgrade.--
``(A) Definitions.--In this paragraph:
``(i) Flux.--The term `flux' means the rate
of flow of photons.
``(ii) Soft x-ray.--The term `soft x-ray'
means a photon with energy in the range from 50
to 2,000 electron volts.
``(B) In general.--The Secretary shall provide for
the upgrade to the Advanced Light Source described in
the publication approved by the Basic Energy Sciences
Advisory Committee on June 9, 2016, titled `Report on
Facility Upgrades', including the development of a
multibend achromat lattice to produce a high flux of
coherent x-rays within the soft x-ray energy region.
``(C) Start of operations.--The Secretary shall,
subject to the availability of appropriations, ensure
that the start of full operations of the upgrade under
this paragraph occurs before September 30, 2029.
``(D) Funding.--Out of funds authorized to be
appropriated under subsection (j), there are authorized
to be appropriated to the Secretary to carry out the
upgrade under this paragraph--
``(i) $75,100,000 for fiscal year 2022;
``(ii) $135,000,000 for fiscal year 2023;
``(iii) $102,500,000 for fiscal year 2024;
``(iv) $25,000,000 for fiscal year 2025;
and
``(v) $25,000,000 for fiscal year 2026.
``(8) Linac coherent light source ii high energy upgrade.--
``(A) Definitions.--In this paragraph:
``(i) High energy x-ray.--The term `high
energy x-ray' means a photon with an energy in
the 5 to 13 kiloelectron volt range.
``(ii) High repetition rate.--The term
`high repetition rate' means the delivery of x-
ray pulses up to 1 million pulses per second.
``(iii) Ultra-short pulse x-rays.--The term
`ultra-short pulse x-rays' means x-ray bursts
capable of durations of less than 100
femtoseconds.
``(B) In general.--The Secretary shall--
``(i) provide for the upgrade to the Linac
Coherent Light Source II facility described in
the publication approved by the Basic Energy
Sciences Advisory Committee on June 9, 2016,
titled `Report on Facility Upgrades', including
the development of experimental capabilities
for high energy x-rays to reveal fundamental
scientific discoveries; and
``(ii) ensure such upgrade enables the
production and use of high energy, ultra-short
pulse x-rays delivered at a high repetition
rate.
``(C) Start of operations.--The Secretary shall,
subject to the availability of appropriations, ensure
that the start of full operations of the upgrade under
this paragraph occurs before December 31, 2026.
``(D) Funding.--Out of funds authorized to be
appropriated under subsection (j), there are authorized
to be appropriated to the Secretary to carry out the
upgrade under this paragraph--
``(i) $106,925,000 for fiscal year 2022;
``(ii) $125,925,000 for fiscal year 2023;
``(iii) $115,000,000 for fiscal year 2024;
``(iv) $89,000,000 for fiscal year 2025;
and
``(v) $49,344,000 for fiscal year 2026.
``(9) Cryomodule repair and maintenance facility.--
``(A) In general.--The Secretary shall provide for
the construction of a cryomodule repair and maintenance
facility to service the Linac Coherent Light Source II
and upgrades to the facility. The Secretary shall
consult with the private sector, universities, National
Laboratories, and relevant Federal agencies to ensure
that this facility has the capability to maintain,
repair, and test superconducting radiofrequency
accelerator components.
``(B) Funding.--Out of funds authorized to be
appropriated under subsection (j), there are authorized
to be appropriated to the Secretary to carry out the
activities under this paragraph--
``(i) $19,000,000 for fiscal year 2022;
``(ii) $25,000,000 for fiscal year 2023;
``(iii) $25,000,000 for fiscal year 2024;
and
``(iv) $17,000,000 for fiscal year 2025.
``(10) Nanoscale science research center recapitalization
project.--
``(A) In general.--The Secretary shall provide for
the recapitalization of the Nanoscale Science Research
Centers, to include the upgrade of equipment at each
Center supported by the Office of Science on the date
of enactment of the America COMPETES Act of 2022, to
accelerate advances in the various fields of science
including nanoscience, materials, chemistry, biology,
and quantum information science.
``(B) Funding.--Out of funds authorized to be
appropriated under subsection (j), there are authorized
to be appropriated to the Secretary to carry out the
recapitalization under this paragraph--
``(i) $20,000,000 for fiscal year 2022;
``(ii) $30,000,000 for fiscal year 2023;
``(iii) $20,000,000 for fiscal year 2024;
and
``(iv) $20,000,000 for fiscal year 2025.'';
and
(4) by adding at the end the following:
``(h) Computational Materials and Chemical Sciences.--
``(1) In general.--The Director shall support a program of
research and development for the application of advanced
computing practices to foundational and emerging research
problems in chemistry and materials science. Research
activities shall include--
``(A) chemical catalysis research and development;
``(B) the use of large data sets to model materials
phenomena, including through advanced characterization
of materials, materials synthesis, processing, and
innovative use of experimental and theoretical data;
``(C) co-design of chemical system and chemistry
modeling software with advanced computing systems and
hardware technologies; and
``(D) modeling of chemical processes, assemblies,
and reactions such as molecular dynamics and quantum
chemistry, including through novel computing methods.
``(2) Computational materials and chemical sciences
centers.--
``(A) In general.--In carrying out the activities
authorized under paragraph (1), the Director shall
select and establish up to six computational materials
and chemical sciences centers to--
``(i) develop open-source, robust, and
validated computational codes and user-friendly
software, coupled with innovative use of
experimental and theoretical data, to enable
the design, discovery, and development of new
materials and chemical systems; and
``(ii) focus on overcoming challenges and
maximizing the benefits of exascale and other
high performance computing underpinned by
accelerated node technologies.
``(B) Selection.--The Director shall select centers
under subparagraph (A) on a competitive, merit-reviewed
basis. The Director shall consider applications from
the National Laboratories, institutes of higher
education, multi-institutional collaborations, and
other appropriate entities.
``(C) Duration.--
``(i) A center selected under subparagraph
(A) shall receive support for a period of not
more than 5 years beginning on the date of
establishment of that center, subject to the
availability of appropriations.
``(ii) A center already in existence on the
date of enactment of the America COMPETES Act
of 2022 may continue to receive support for a
period of not more than 5 years beginning on
the date of establishment of that center.
``(D) Renewal.--Upon the expiration of any period
of support of a center under this subsection, the
Director may renew support for the center, on a merit-
reviewed basis, for a period of not more than 5 years.
``(E) Termination.--Consistent with the existing
authorities of the Department, the Director may
terminate an underperforming center for cause during
the performance period.
``(i) Materials Research Database.--
``(1) In general.--The Director shall support the
development of a web-based platform to develop and provide
access to a database of computed information on known and
predicted materials properties and computational tools to
accelerate breakthroughs in materials discovery and design.
``(2) Program.--In carrying out this subsection, the
Director shall--
``(A) conduct cooperative research with industry,
academia, and other research institutions to advance
understanding, prediction, and manipulation of
materials and facilitate the design of novel materials;
``(B) develop and maintain data infrastructure at
user facilities that generate data to collect, analyze,
label, and otherwise prepare the data for inclusion in
the database;
``(C) leverage existing high performance computing
systems to conduct high throughput calculations, and
develop computational and data mining algorithms for
the prediction of material properties;
``(D) strengthen the foundation for new
technologies and advanced manufacturing; and
``(E) drive the development of advanced materials
for applications that span the Department's missions in
energy, environment, and national security.
``(3) Coordination.--In carrying out this subsection, the
Director shall leverage programs and activities across the
Department, including computational materials and chemical
sciences centers established under subsection (h).
``(4) Funding.--Out of funds authorized to be appropriated
under subsection (j), there are authorized to be appropriated
to the Secretary to carry out activities under this subsection
$10,000,000 for each of the fiscal years 2022 through 2026.
``(j) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out the activities described in
this section--
``(1) $2,727,705,000 for fiscal year 2022;
``(2) $2,828,896,600 for fiscal year 2023;
``(3) $3,019,489,612 for fiscal year 2024;
``(4) $3,161,698,885 for fiscal year 2025; and
``(5) $3,291,651,600 for fiscal year 2026.''.
(b) Artificial Photosynthesis.--Section 973 of the Energy Policy
Act of 2005 (42 U.S.C. 16313) is amended--
(1) in subsection (b), by striking paragraph (4) and
inserting:
``(4) Funding.--From within funds authorized to be
appropriated for Basic Energy Sciences, there are authorized to
be appropriated to the Secretary for carrying out activities
under this subsection $50,000,000 for each of fiscal years 2022
through 2026.''; and
(2) in subsection (c), by striking paragraph (4) and
inserting:
``(4) Funding.--From within funds authorized to be
appropriated in section 316 of the Department of Energy
Research and Innovation Act, there are authorized to be
appropriated to the Secretary for carrying out activities under
this subsection $50,000,000 for each of fiscal years 2022
through 2026.''.
(c) Electricity Storage Research Initiative.--Section 975 of the
Energy Policy Act of 2005 (42 U.S.C. 16315) is amended--
(1) in subsection (b), by striking paragraph (4) and
inserting:
``(4) Funding.--From within funds authorized to be
appropriated for Basic Energy Sciences, there are authorized to
be appropriated to the Secretary for carrying out activities
under this subsection $50,000,000 for each of fiscal years 2022
through 2026.'';
(2) in subsection (c), by striking paragraph (4) and
inserting:
``(4) Funding.--From within funds authorized to be
appropriated in section 316 of the Department of Energy
Research and Innovation Act, there are authorized to be
appropriated to the Secretary for carrying out activities under
this subsection $50,000,000 for each of fiscal years 2022
through 2026.''; and
(3) in subsection (d), by striking paragraph (4) and
inserting:
``(4) Funding.--From within funds authorized to be
appropriated in section 316 of the Department of Energy
Research and Innovation Act, there are authorized to be
appropriated to the Secretary for carrying out activities under
this subsection $20,000,000 for each of fiscal years 2022
through 2026.''.
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
``(ix) developing integrated biological and
chemical catalytic approaches to valorize and
produce a diverse portfolio of advanced fuels
and bioproducts.
``(6) Industry partnerships.--Centers shall establish
industry partnerships to translate research results to
commercial applications.
``(7) Coordination.--In coordination with the Bioenergy
Technologies Office of the Department, the Director shall
support interdisciplinary research activities to improve the
capacity, efficiency, resilience, security, reliability, and
affordability, of the production and use of biofuels and
bioproducts, as well as activities to enable positive impacts
and avoid the potential negative impacts that the production
and use of biofuels and bioproducts may have on ecosystems,
people, and historically marginalized communities.
``(8) Funding.--Out of funds authorized to be appropriated
under section 306(l) of the Department of Energy Research and
Innovation Act (42 U.S.C. 18644(l)), there are authorized to be
appropriated to the Secretary $30,000,000, for each center in
existence or established under this subsection, for each of
fiscal years 2022 through 2026.''.
(c) Low-Dose Radiation Research Program.--Section 306(e)(8) of the
Department of Energy Research and Innovation Act (42 U.S.C.
18644(e)(8)), as redesignated under subsection (a), is amended--
(1) in subparagraph (C), by striking ``and'';
(2) in subparagraph (D), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(E) $40,000,000 for fiscal year 2025; and
``(F) $50,000,000 for fiscal year 2026.''.
(d) Low-Dose Radiation and Space Radiation Research Program.--
Section 306(f) of the Department of Energy Research and Innovation Act
(42 U.S.C. 18644(d)), as redesignated under subsection (a), is amended
to read as follows:
``(f) Low-Dose Radiation and Space Radiation Research Program.--
``(1) In general.--The Secretary of Energy, in consultation
with the Administrator of the National Aeronautics and Space
Administration, shall carry out a basic research program on the
similarities and differences between the effects of exposure to
low-dose radiation on Earth, in low Earth orbit, and in the
space environment.
``(2) Purpose.--The purpose of this program is to
accelerate breakthroughs in low-dose and low dose-rate
radiation research and development as described in subsection
(e) and to inform the advancement of new tools, technologies,
and advanced materials needed to facilitate long-duration space
exploration.''.
(e) Climate, Environmental Science, and Other Activities.--Section
306 of the Department of Energy Research and Innovation Act (42 U.S.C.
18644) is further amended by adding at the end the following:
``(g) Earth and Environmental Systems Sciences Activities.--
``(1) In general.--As part of the activities authorized
under subsection (a), and in coordination with activities
carried out under subsection (b), the Director shall carry out
earth and environmental systems science research, in
consultation with the National Oceanic and Atmospheric
Administration and other relevant agencies, which may include
activities to--
``(A) understand, observe, and model the response
of Earth's atmosphere and biosphere to increased
concentrations of greenhouse gas emissions and any
associated changes in climate, including frequency and
intensity of extreme weather events;
``(B) understand the coupled physical, chemical,
and biological processes to transform, immobilize,
remove, or move carbon, nitrogen, and other energy
production-derived contaminants such as radionuclides
and heavy metals, and understand the process of
sequestration and transformation of these, carbon
dioxide, and other relevant molecules in subsurface
environments;
``(C) understand, observe, and model the cycling of
water, carbon, and nutrients in terrestrial systems and
at scales relevant to resources management;
``(D) understand the biological, biogeochemical,
and physical processes across the multiple scales that
control the flux of environmentally relevant compounds
between the terrestrial surface and the atmosphere; and
``(E) inform potential natural mitigation and
adaptation options for increased concentrations of
greenhouse gas emissions and any associated changes in
climate.
``(2) Prioritization.--In carrying out the program
authorized under paragraph (1), the Director shall prioritize--
``(A) the development of software and algorithms to
enable the productive application of environmental
systems and extreme weather in climate and Earth system
prediction models in high-performance computing
systems; and
``(B) capabilities that support the Department's
mission needs for energy and infrastructure security,
resilience, and reliability.
``(3) Environmental systems science research.--
``(A) In general.--As part of the activities
described in paragraph (1), the Director shall carry
out research to advance an integrated, robust, and
scale-aware predictive understanding of environmental
systems, including the role of hydrobiogeochemistry,
from the subsurface to the top of the vegetative canopy
that considers effects of seasonal to interannual
variability and change.
``(B) Clean water and watershed research.--As part
of the activities described in subparagraph (A), the
Director shall--
``(i) support interdisciplinary research to
significantly advance our understanding of
water availability, quality, and the impact of
human activity and a changing climate on urban
and rural watershed systems, including in
freshwater environments;
``(ii) consult with the Interagency
Research, Development, and Demonstration
Coordination Committee on the Nexus of Energy
and Water for Sustainability established under
section 1010 of the Energy Act of 2020
(division Z of the Consolidated Appropriations
Act, 2021 (Public Law 116-260)) on energy-water
nexus research activities; and
``(iii) engage with representatives of
research and academic institutions, nonprofit
organizations, State, territorial, local, and
tribal governments, and industry, who have
expertise in technologies, technological
innovations, or practices relating to the
energy-water nexus, as applicable.
``(C) Coordination.--
``(i) Director.--The Director shall carry
out activities under this paragraph in
accordance with priorities established by the
Secretary to support and accelerate the
decontamination of relevant facilities managed
by the Department.
``(ii) Secretary.--The Secretary shall
ensure the coordination of activities of the
Department, including activities under this
paragraph, to support and accelerate the
decontamination of relevant facilities managed
by the Department.
``(4) Climate and earth modeling.--As part of the
activities described in paragraph (1), the Director, in
collaboration with the Advanced Scientific Computing Research
program described in section 304 and other programs carried out
by the Department, as applicable, and in consultation with the
National Oceanic and Atmospheric Administration and other
relevant agencies, shall carry out research to develop,
evaluate, and use high-resolution regional climate, global
climate, Earth system, and other relevant models to inform
decisions on reducing greenhouse gas emissions and the
resulting impacts of a changing global climate. Such modeling
shall include--
``(A) integrated capabilities for modeling
multisectoral interactions, including socioeconomic
factors as appropriate, which may include the impacts
of climate policies on social and regional equity and
well-being, and the interdependencies and risks at the
energy-water-land nexus;
``(B) greenhouse gas emissions, air quality, energy
supply and demand, and other critical elements; and
``(C) interaction among human and Earth systems
informed by interdisciplinary research, including the
economic and social sciences.
``(5) Mid-scale funding mechanism.--
``(A) In general.--Any of the activities authorized
in this subsection may be carried out by competitively
selected mid-scale, multi-institutional research
centers in lieu of individual research grants, or
large-scale experiments or user facilities.
``(B) Consideration.--The Biological and
Environmental Research Advisory Committee shall provide
recommendations to the Director on projects most
suitable for the research centers described in
subparagraph (A).
``(h) Biological and Environmental Research User Facilities.--
``(1) In general.--The Director shall carry out a program
for the development, construction, operation, and maintenance
of user facilities to enhance the collection and analysis of
observational data related to complex biological, climate, and
environmental systems.
``(2) Facility requirements.--To the maximum extent
practicable, the user facilities developed, constructed,
operated, or maintained under paragraph (1) shall include--
``(A) distributed field research and observation
platforms for understanding earth system processes;
``(B) analytical techniques, instruments, and
modeling resources for understanding the physical,
chemical, and cellular processes of biological and
environmental systems;
``(C) integrated high-throughput sequencing,
advanced bioanalytic techniques, DNA design and
synthesis, metabolomics, and computational analysis;
and
``(D) such other facilities as the Director
considers appropriate, consistent with section 209 of
the Department of Energy Organization Act (42 U.S.C.
7139).
``(3) Existing facilities.--In carrying out the program
established in paragraph (1), the Director is encouraged to
evaluate the capabilities of existing user facilities and, to
the maximum extent practicable, invest in modernization of
those capabilities to address emerging research priorities.
``(4) User facilities integration and collaboration
program.--
``(A) In general.--The Director shall support a
program of collaboration between user facilities as
defined under this subsection to encourage and enable
researchers to more readily integrate the tools,
expertise, resources, and capabilities of multiple
Office of Science user facilities (as described in
section 209(d) of the Department of Energy Organization
Act (42 U.S.C. 7139)) to further research and advance
emerging technologies.
``(B) Activities.--The program shall advance the
integration of automation, robotics, computational
biology, bioinformatics, biosensing, cellular platforms
and other relevant emerging technologies as determined
by the Director to enhance productivity and scientific
impact of user facilities.
``(5) Earth and environmental systems sciences user
facilities.--
``(A) In general.--In carrying out the activities
authorized under paragraph (1), the Director shall
establish and operate user facilities to advance the
collection, validation, and analysis of atmospheric
data, including activities to advance knowledge and
improve model representations and measure the impact of
atmospheric gases, aerosols, and clouds on earth and
environmental systems.
``(B) Selection.--The Director shall select user
facilities under paragraph (1) on a competitive, merit-
reviewed basis. The Director shall consider
applications from the National Laboratories, institutes
of higher education, multi-institutional
collaborations, and other appropriate entities.
``(C) Existing facilities.--To the maximum extent
practicable, the Director shall utilize existing
facilities to carry out this subsection.
``(6) Coordination.--In carrying out the program authorized
in paragraph (1), the Director shall ensure that the Office of
Science--
``(A) consults and coordinates with the National
Oceanic Atmospheric Administration, the Environmental
Protection Agency, the National Aeronautics and Space
Administration, the Department of Agriculture, the
Department of the Interior, and any other relevant
Federal agency on the collection, validation, and
analysis of atmospheric data; and
``(B) coordinates with relevant stakeholders,
including institutes of higher education, nonprofit
research institutions, industry, State, territorial,
local, and tribal governments, and other appropriate
entities to ensure access to the best available
relevant atmospheric and historical weather data.
``(i) Coastal Zone Research Initiative.--
``(1) In general.--The Director shall carry out a research
program, in consultation with the National Oceanic and
Atmospheric Administration, to enhance the understanding of
coastal ecosystems. In carrying out this program, the Director
shall prioritize efforts to enhance the collection of
observational data, and shall develop models to analyze the
ecological, biogeochemical, hydrological and physical processes
that interact in coastal zones.
``(2) National system for coastal data collection.--The
Director shall establish, in consultation with the National
Oceanic and Atmospheric Administration and other relevant
agencies, an integrated system of geographically diverse field
research sites in order to improve the quantity and quality of
observational data, and that encompass the major land water
interfaces of the United States, including--
``(A) the Great Lakes region;
``(B) the Pacific coast;
``(C) the Atlantic coast;
``(D) the Arctic; and
``(E) the Gulf coast.
``(3) Existing infrastructure.--In carrying out the
programs and establishing the field research sites under
paragraph (1) and (2), the Secretary shall leverage existing
research and development infrastructure supported by the
Department, including the Department's existing marine and
coastal research lab.
``(4) Coordination.--For the purposes of carrying out the
programs and establishing the field research sites under the
Initiative, the Secretary may enter into agreements with
Federal Departments and agencies with complementary
capabilities.
``(5) Report.--Not less than 2 years after the date of the
enactment of the America COMPETES Act of 2022, the Director
shall provide to the Committee on Science, Space, and
Technology and the Committee on Appropriations of the House of
Representatives and the Committee on Energy and Natural
Resources and the Committee on Appropriations of the Senate a
report examining whether the system described in this section
should be established as a National User Facility.
``(j) Technology Development.--The Director shall support a
technology research program for the development of instrumentation and
other research tools required to meet the missions of the Department
and to provide platform technologies for the broader scientific
community. Technologies shall include but are not limited to--
``(1) cryo-electron microscopy;
``(2) fabricated ecosystems;
``(3) next generation sensors including quantum sensors for
biological integration and bioproduction;
``(4) technologies to accelerate data analysis; and
``(5) plant and microbial phenotyping for gene discovery.
``(k) Emerging Technologies.--
``(1) In general.--The Secretary shall establish within the
Biological and Environmental Research program an initiative
focused on the development of engineered ecosystems through the
application of artificial intelligence, novel sensing
capabilities, and other emerging technologies.
``(2) Interagency coordination.--The Secretary shall
coordinate with the Director of the National Science
Foundation, the Administrator of the National Oceanic and
Atmospheric Administration, the Director of the U.S. Geological
Survey, and other relevant officials to avoid duplication of
research and observational activities and to ensure that
activities carried out under this initiative are complimentary
to those currently being undertaken by other agencies.
``(3) Report.--Not later than 180 days after the enactment
of this Act, the Secretary shall provide a report to the
Committee on Science, Space, and Technology of the House, and
the Committee on Energy and Natural Resources of the Senate, on
the activity mandated in subsection (k).
``(l) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out the activities described in
this section--
``(1) $820,360,000 for fiscal year 2022;
``(2) $886,385,200 for fiscal year 2023;
``(3) $956,332,164 for fiscal year 2024;
``(4) $1,020,475,415 for fiscal year 2025; and
``(5) $1,099,108,695 for fiscal year 2026.''.
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.
``(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 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) $100,000,000 for each of
fiscal years 2022 through 2026.'';
(2) in subsection (d)(3)--
(A) by striking the period at the end and inserting
``and $40,000,000 for fiscal year 2026.''; and
(B) by striking ``(o)'' and inserting ``(r)''; and
(3) in subsection (e)(4)--
(A) by striking the period at the end and inserting
``and $75,000,000 for fiscal year 2026.''; and
(B) by striking ``(o)'' and inserting ``(r)'';
(4) in subsection (i)(10)--
(A) In the matter preceding subparagraph (A), by
striking ``(o)'' and inserting ``(r)'';
(B) in subparagraph (C), strike ``$105,000,000''
and insert ``$150,000,000'';
(C) in subparagraph (D), strike ``65,000,000 for
fiscal year 2024; and'' and insert ``$250,000,000 for
fiscal year 2024;'';
(D) in subparagraph (E), strike ``$45,000,000 for
fiscal year 2025.'' and insert ``$250,000,000 for
fiscal year 2025; and''; and
(E) by adding at the end the following:
``(F) $150,000,000 for fiscal year 2026.'';
(5) in subsection (j)--
(A) by striking ``The Director'' and all that
follows through the period and inserting the following:
``(1) In general.--
``(A) Establishment.--Within 180 days of enactment
of the America COMPETES Act of 2022, the Director shall
establish at least 2 national teams, including public-
private partnerships, that will develop conceptual
pilot plant designs and technology roadmaps and lead to
an engineering design of a pilot plant that will bring
fusion to commercial viability.
``(B) Composition.--The national teams shall be
composed of developers, manufacturers, universities,
national laboratories, and engineering, procurement,
and construction industries.''; and
(B) by adding at the end the following:
``(2) Authorization of appropriations.--There are
authorized to be appropriated to carry out activities described
in paragraph (1)--
``(A) $20,000,000 for fiscal year 2022;
``(B) $35,000,000 for fiscal year 2023;
``(C) $50,000,000 for fiscal year 2024;
``(D) $65,000,000 for fiscal year 2025; and
``(E) $80,000,000 for fiscal year 2026.'';
(6) in subsection (l)--
(A) by striking ``sense of Congress that the United
States should support'' and inserting ``sense of
Congress that--'';
``(1) the United States should support'';
(B) in paragraph (1) (as so designated by
subparagraph (A) of this paragraph), by striking the
period at the end and inserting ``; and''; and
(C) by adding at the end the following:
``(2) the Director shall incorporate the findings and
recommendations of the report of the Fusion Energy Sciences
Advisory Committee entitled `Powering the Future: Fusion and
Plasmas' and the report of the National Academies of Science,
Engineering, and Medicine entitled ``Bringing Fusion to the
U.S. Grid'' into the planning process of the Department,
including the development of future budget requests to
Congress.'';
(7) by redesignating subsection (o) as subsection (r);
(8) by inserting after subsection (n) the following:
``(o) High-Performance Computation Collaborative Research
Program.--
``(1) In general.--The Secretary shall carry out a program
to conduct and support collaborative research, development, and
demonstration of fusion energy technologies, through high-
performance computation modeling and simulation techniques, in
order to--
``(A) support fundamental research in plasmas and
matter at very high temperatures and densities;
``(B) inform the development of a broad range of
fusion energy systems; and
``(C) facilitate the translation of research
results in fusion energy science to industry.
``(2) Coordination.--In carrying out the program under
paragraph (1), the Secretary shall coordinate with relevant
Federal agencies, and prioritize the following objectives:
``(A) Using expertise from the private sector,
institutions of higher education, and the National
Laboratories to leverage existing, and develop new,
computational software and capabilities that
prospective users may use to accelerate research and
development of fusion energy systems.
``(B) Developing computational tools to simulate
and predict fusion energy science phenomena that may be
validated through physical experimentation.
``(C) Increasing the utility of the research
infrastructure of the Department by coordinating with
the Advanced Scientific Computing Research program
within the Office of Science.
``(D) Leveraging experience from existing modeling
and simulation entities sponsored by the Department.
``(E) Ensuring that new experimental and
computational tools are accessible to relevant research
communities, including private sector entities engaged
in fusion energy technology development.
``(F) Ensuring that newly developed computational
tools are compatible with modern virtual engineering
and visualization capabilities to accelerate the
realization of fusion energy technologies and systems.
``(3) Duplication.--The Secretary shall ensure the
coordination of, and avoid unnecessary duplication of, the
activities of this program with the activities of--
``(A) other research entities of the Department,
including the National Laboratories, the Advanced
Research Projects Agency-Energy, the Advanced
Scientific Computing Research program; and
``(B) industry.
``(4) High-performance computing for fusion innovation
center.--In carrying out the program under paragraph (1), the
Secretary shall, in coordination with the Innovation Network
for Fusion Energy, establish and operate a national High-
Performance Computing for Fusion Innovation Center (referred to
in this subsection as the `Center'), to support the program
under paragraph (1) by providing, to the extent practicable, a
centralized entity for multidisciplinary, collaborative, fusion
energy research and development through high performance
computing and advanced data analytics technologies and
processes.
``(5) Selection.--The Secretary shall select the Center
under this subsection on a competitive, merit-reviewed basis.
The Secretary shall consider applications from National
Laboratories, institutions of higher education, multi-
institutional collaborations, and other appropriate entities.
``(6) Existing activities.--The Center may incorporate
existing research activities that are consistent with the
program described in paragraph (1).
``(7) Duration.--The Center established under this
subsection shall receive support for a period of not more than
5 years, subject to the availability of appropriations.
``(8) Renewal.--Upon the expiration of any period of
support of the Center, the Secretary may renew support for the
Center, on a merit-reviewed basis, for a period of not more
than 5 years.
``(9) Termination.--Consistent with the existing
authorities of the Department, the Secretary may terminate the
Center for cause during the performance period.
``(p) Material Plasma Exposure Experiment.--
``(1) In general.--The Secretary shall construct a Material
Plasma Exposure Experiment facility as described in the 2020
publication approved by the Fusion Energy Sciences Advisory
Committee titled `Powering the Future: Fusion and Plasmas'. The
Secretary shall consult with the private sector, universities,
National Laboratories, and relevant Federal agencies to ensure
that this facility is capable of meeting Federal research needs
for steady state, high-heat-flux and plasma-material
interaction testing of fusion materials over a range of fusion
energy relevant parameters.
``(2) Facility capabilities.--The Secretary shall ensure
that the facility described in paragraph (1) will provide the
following capabilities:
``(A) A magnetic field at the target of 1 Tesla.
``(B) An energy flux at the target of 10 MW/m2.
``(C) The ability to expose previously irradiated
plasma facing material samples to plasma.
``(3) Start of operations.--The Secretary shall, subject to
the availability of appropriations, ensure that the start of
full operations of the facility under this section occurs
before December 31, 2027.
``(4) Funding.--Out of funds authorized to be appropriated
for Fusion Energy Sciences, there are funds authorized to be
appropriated to the Secretary for the Office of Fusion Energy
Sciences to carry out to completion the construction of the
facility under this section:
``(A) $32,800,000 for fiscal year 2022;
``(B) $13,400,000 for fiscal year 2023;
``(C) $12,600,000 for fiscal year 2024; and
``(D) $400,000 for fiscal year 2025.
``(q) Matter in Extreme Conditions Instrument Upgrade.--
``(1) In general.--The Secretary shall provide for the
upgrade to the Matter in Extreme Conditions endstation at the
Linac Coherent Light Source as described in the 2020
publication approved by the Fusion Energy Sciences Advisory
Committee titled `Powering the Future: Fusion and Plasmas'. The
Secretary shall consult with the private sector, universities,
National Laboratories, and relevant Federal agencies to ensure
that this facility is capable of meeting Federal research needs
for understanding physical and chemical changes to plasmas at
fundamental timescales, and explore new regimes of dense
material physics, astrophysics, planetary physics, and short-
pulse laser-plasma interactions.
``(2) Start of operations.--The Secretary shall, subject to
the availability of appropriations, ensure that the start of
full operations of the facility under this section occurs
before December 31, 2028.''; and
(9) in subsection (r), as so redesignated, by striking
paragraphs (2) through (5) and inserting the following:
``(2) $1,002,900,000 for fiscal year 2022;
``(3) $1,190,707,000 for fiscal year 2023;
``(4) $1,364,368,490 for fiscal year 2024;
``(5) $1,404,042,284 for fiscal year 2025; and
``(6) $1,398,097,244 for fiscal year 2026.''.
(b) ITER Construction.--Section 972 of the Energy Policy Act of
2005 (42 U.S.C. 16312) is amended in subsection (c)(3)--
(1) in subparagraph (A), by striking ``and'' at the end;
and
(2) by striking subparagraph (B) and inserting the
following:
``(B) $300,000,000 for fiscal year 2022;
``(C) $325,000,000 for fiscal year 2023;
``(D) $350,000,000 for fiscal year 2024;
``(E) $350,000,000 for fiscal year 2025; and
``(F) $350,000,000 for fiscal year 2026.''.
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.
``(iii) A flexible design to enable high
power beam delivery to multiple users
simultaneously and customized beams tailored to
specific scientific needs.
``(iv) Sustained high reliability operation
of the Fermilab accelerator complex.
``(C) Start of operations.--The Secretary shall,
subject to the availability of appropriations, ensure
that the start of full operations of the facility under
this section occurs before December 31, 2028.
``(D) Funding.--Out of funds authorized to be
appropriated under subsection (k), there are authorized
to be appropriated to the Secretary to carry out
construction of the facility under this subsection--
``(i) $191,000,000 for fiscal year 2022;
``(ii) $150,000,000 for fiscal year 2023;
``(iii) $120,000,000 for fiscal year 2024;
``(iv) $120,000,000 for fiscal year 2025;
and
``(v) $100,000,000 for fiscal year 2026.
``(4) Cosmic microwave background stage 4.--
``(A) In general.--The Secretary of Energy, in
partnership with the Director of the National Science
Foundation, shall support construction of the Cosmic
Microwave Background Stage 4 project to survey the
cosmic microwave background to test theories of cosmic
inflation as described in the 2014 Particle Physics
Prioritization Panel (P5) report titled `Building for
Discovery: Strategic Plan for U.S. Particle Physics in
the Global Context.'.
``(B) Consultation.--The Secretary shall consult
with the private sector, universities, National
Laboratories, and relevant Federal agencies to ensure
that this experiment is capable of meeting Federal
research needs in accessing the ultra-high energy
physics of inflation and important neutrino properties.
``(C) Experimental capabilities.--The Secretary
shall ensure to the maximum extent practicable that the
facility described in subsection (a) will provide at
minimum, 500,000 superconducting detectors deployed on
an array of mm wave telescopes with the required range
in frequency, sensitivity, and survey speed which will
provide sufficient capability to enable an order of
magnitude advance in observations of the Cosmic
Microwave Background, delivering transformative
discoveries in fundamental physics, cosmology, and
astrophysics.
``(D) Start of operations.--The Secretary shall,
subject to the availability of appropriations, ensure
that the start of full operations of the facility under
this section occurs before December 31, 2030.
``(E) Funding.--Out of funds authorized to be
appropriated under subsection (k), there are authorized
to be appropriated to the Secretary to carry out
construction of the facility under this subsection--
``(i) $37,000,000 for fiscal year 2022;
``(ii) $50,000,000 for fiscal year 2023;
``(iii) $70,000,000 for fiscal year 2024;
``(iv) $80,000,000 for fiscal year 2025;
and
``(v) $90,000,000 for fiscal year 2026.
``(h) Accelerator and Detector Upgrades.--The Director shall
upgrade accelerator facilities and detectors, as necessary and
appropriate, to increase beam power, sustain high reliability, and
improve precision measurement to advance the highest priority particle
physics research programs. In carrying out facility upgrades, the
Director shall continue to work with international partners, when
appropriate and in the United States' interest, to leverage investments
and expertise in critical technologies to help build and upgrade
accelerator and detector facilities in the United States.
``(i) Accelerator and Detector Research and Development.--As part
of the program described in subsection (b), the Director shall carry
out research and development in particle beam physics, accelerator
science and technology, and particle and radiation detection with
relevance to the specific needs of the High Energy Physics program, in
coordination with the Accelerator Research and Development program
authorized in section 310.
``(j) Underground Science.--The Director shall--
``(1) support an underground science program consistent
with the missions of the Department and the scientific needs of
the High Energy Physics program, including those articulated in
the most recent report of the Particle Physics Project
Prioritization Panel of the High Energy Physics Advisory Panel,
that leverages the capabilities of relevant underground science
and engineering facilities; and
``(2) carry out a competitive grant program to award
scientists and engineers at institutions of higher education,
nonprofit institutions, and National Laboratories to conduct
research in underground science and engineering.
``(k) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out the activities described in
this section--
``(1) $1,355,690,000 for fiscal year 2022;
``(2) $1,517,628,300 for fiscal year 2023;
``(3) $1,652,112,281 for fiscal year 2024;
``(4) $1,711,460,141 for fiscal year 2025; and
``(5) $1,656,012,351 for fiscal year 2026.''.
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
10<SUP>33-34</SUP>cm<SUP>-2</SUP>s<SUP>-1</SUP>;
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 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, alternative financing
and expense funding, as appropriate.
``(d) Alternative Financing of Research Facilities and
Infrastructure.--
``(1) In general.--Consistent with section 161(g) of the
Atomic Energy Act of 1954 (42 U.S.C. 2201(g)), the Management
and Operating contractors of the Department may enter into the
lease-purchase of research facilities and infrastructure under
the scope of their contract with the Department with the
approval of the Secretary or their designee.
``(2) Limitations.--To carry out lease-purchases approved
by the Secretary under subsection (a), the Department shall
only be required to have budget authority in an amount
sufficient to cover the minimum required lease payments through
the period required to exercise a termination provision in the
lease agreement, plus any associated lease termination
penalties, regardless of whether such leased facility and
infrastructure is on or off Government land, and if--
``(A) the Department has established a mission need
for the facility or infrastructure to be leased;
``(B) the facility or infrastructure is general
purpose, including offices, laboratories, cafeterias,
utilities, and data centers;
``(C) the Department is not a party to and has no
financial obligations under the lease-purchase
transaction entered into by the Management and
Operating contractor, other than allowability of the
lease cost and conveyance of Government land, if
needed;
``(D) the lease-purchase has an advance notice
termination provision with reasonable pre-defined
penalties that the Management and Operating contractor
may exercise, at the direction of the Department, if
funding for the lease is no longer available or the
mission need ceases to exist;
``(E) there is an option for a no cost transfer of
ownership to the Government once the underlying
financing is retired, but neither the Management and
Operating contractor nor the Department are obligated
to purchase the facility or infrastructure at any time
during or after the lease term;
``(F) the lease-purchase transaction, assuming
exercise of the ownership option, is demonstrated to be
the lowest lifecycle cost alternative for the
Government; and
``(G) the cumulative annual base rent for all
lease-purchases of facilities and infrastructure,
inclusive of any transactions under consideration, does
not exceed 2 percent of the Management and Operating
contract operating budget for the year the commitment
is made for the lease.
``(3) Reporting.--Not later than 1 year after the date of
the enactment of the America COMPETES Act of 2022, and
biennially thereafter, the Department shall submit to the
Committee on Science, Space, and Technology and the Committee
on Appropriations of the House of Representatives, and the
Committee on Energy and Natural Resources and the Committee on
Appropriations of the Senate, a report on the lease-purchase
transactions that the Management and Operating contractors of
the Department entered into under subsection (a) that
includes--
``(A) a list of the lease-purchase transactions
entered into by each Management and Operating
contractor and their respective costs;
``(B) the annual percentage of each Management and
Operating contract operating budget that is used for
lease-purchase transactions for the year the
commitments were made; and
``(C) any other information the Secretary
determines to be appropriate.
``(4) Authorization period.--The lease-purchases authorized
under paragraph (1) may be entered into only during fiscal
years 2022 through 2026.
``(e) Mid-Scale Instrumentation Program.--The Director, in
coordination with each of the programs carried out by the Office of
Science, shall establish a mid-scale instrumentation program to enable
the development and acquisition of novel, state-of-the-art instruments
ranging in cost from $1 million to $20 million each that would
significantly accelerate scientific breakthroughs at user facilities.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out the activities described in
this section $500,000,000 for each of fiscal years 2022 through
2026.''.
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, institutions in rural and remote areas, and scientific
societies.
``(b) Plan.--Not later than 1 year after the date of enactment of
the America COMPETES Act of 2022, the Secretary shall submit to the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Energy and Natural Resources and
the Committee on Commerce, Science, and Transportation of the Senate
and make available to the public a plan for broadening participation of
underrepresented groups in science, technology, engineering, and
mathematics in programs supported by the Department programs,
including--
``(1) a plan for supporting and leveraging the National
Science Foundation INCLUDES National Network;
``(2) metrics for assessing the participation of
underrepresented groups in Department programs;
``(3) experienced and potential barriers to broadening
participation of underrepresented groups in Department
programs, including recommended solutions; and
``(4) any other activities the Secretary finds appropriate.
``(c) Authorization of Appropriations.--Of the amounts authorized
to be appropriated in section 3169 (42 U.S.C. 7381e), at least
$2,000,000 are authorized to be appropriated each fiscal year for the
activities described under this subsection.
``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 Historically Black Colleges,
Tribal Colleges, Minority Serving Institutions, emerging research
institutions, and scientific societies.
``(b) Plan and Outreach Strategy.--
``(1) Plan.--Not later than 6 months after the date of
enactment of the America COMPETES Act of 2022, the Secretary
shall submit to the Committee on Science, Space, and Technology
of the House of Representatives and the Committee on Energy and
Natural Resources of the Senate a 10-year educational plan to
fund and expand new or existing programs administered by the
Office of Science and sited at the National Laboratories and
Department of Energy user facilities to expand educational and
workforce opportunities for underrepresented high school,
undergraduate, and graduate students as well as recent
graduates, teachers and faculty in STEM fields. This may
include paid internships, fellowships, temporary employment,
training programs, visiting student and faculty programs,
sabbaticals, and research support.
``(2) Outreach capacity.--The Secretary shall include in
the plan under paragraph (1) an outreach strategy to improve
the advertising, recruitment, and promotion of educational and
workforce programs to community colleges, Historically Black
Colleges and Universities, Tribal Colleges, Minority Serving
Institutions, and emerging research institutions.
``(c) Building Research Capacity.--The Secretary shall develop
programs that strengthen the research capacity relevant to Office of
Science disciplines at emerging research institutions, including
minority-serving institutions, tribal colleges and universities,
Historically Black Colleges and Universities, and colleges and
universities. This may include enabling mutually beneficial and jointly
managed partnerships between research-intensive institutions and
emerging research institutions, and soliciting research proposals,
fellowships, training programs, and research support directly from
emerging research institutions.
``(d) Traineeships.--The Secretary shall establish a university-led
Traineeship Program to address workforce training needs in STEM fields
relevant to the Department. The focus should be on supporting training
and research experiences for underrepresented undergraduate and
graduate students and increasing participation from underrepresented
populations. The traineeships should include opportunities to build the
next-generation workforce in research areas critical to maintaining
core competencies across the Office of Science's programs.
``(e) Evaluation.--The Secretary shall establish key performance
indicators to measure and monitor progress of education and workforce
programs and expand Departmental activities for data collection and
analysis. The Secretary shall submit a report 2 years after the date of
enactment of the America COMPETES Act of 2022, and every 2 years
thereafter, to the Committee on Science, Space, and Technology of the
House of Representatives and the Committee on Energy and Natural
Resources of the Senate summarizing progress toward meeting key
performance indicators.
``(f) Definitions.--In this section:
``(1) Minority-serving institution.--The term `minority-
serving institution' includes the entities described in any of
paragraphs (1) through (7) of section 371(a) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(a)).
``(2) Historically black college and universities.--The
term `Historically Black Colleges and Universities' has the
meaning given in `part B institution' in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061).
``(3) STEM.--The term `STEM' means the field or disciplines
listed in section 2 of the STEM Education Act of 2015 (42
U.S.C. 6621 note).
``(4) Tribal colleges and universities.--The term `Tribal
College or University' has the meaning given in section 316 of
the Higher Education Act of 1965 (20 U.S.C. 1059c).''.
(2) Clerical amendment.--The table of contents in section
2(b) of the National Defense Authorization Act for Fiscal Year
1991 is amended by inserting after the item relating to section
3167 the following:
``Sec. 3167A. Broadening participation for teachers and scientists.
``Sec. 3167B. Expanding opportunities to increase the diversity,
equity, and inclusion of highly skilled
science, technology, engineering, and
mathematics (STEM) professionals.''.
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
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) $9,546,015,300 for fiscal year 2023;
``(3) $10,395,677,621 for fiscal year 2024;
``(4) $10,948,625,004 for fiscal year 2025; and
``(5) $11,300,798,345 for fiscal year 2026.''.
(b) Table of Contents.--Section 1(b) of the Department of Energy
Research and Innovation Act is amended in the table of contents by
inserting after the item relating to section 309 the following:
``Sec. 310. Accelerator research and development.
``Sec. 311. Isotope Development and Production for Research
Applications.
``Sec. 312. Increased collaboration with teachers and scientists.
``Sec. 313. High intensity laser research initiative.
``Sec. 314. Helium conservation program.
``Sec. 315. Office of Science Emerging Infectious Disease Computing
Research Initiative.
``Sec. 316. Authorization of appropriations.''.
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.
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.
SEC. 10116. ADDITIONAL RESEARCH.
(a) In General.--The Secretary of Energy shall support research to
advance adoption of integrated rooftop solar, distributed solar, and
microgrid technologies.
(b) Funding.--There is authorized to be appropriated to carry out
this section $50,000,000.
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 No. 13800 issued on May 11, 2017
(82 Fed. Reg. 22391 et seq.).
(3) Historically black colleges and universities.--The term
``historically Black colleges and universities'' has the same
meaning given to the term ``part B institutions'' in section
322 of the Higher Education Act of 1965 (20 U.S.C. 1061).
(4) Institute.--The term ``Institute'' means the National
Institute of Standards and Technology.
(5) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(6) International standards organization.--The term
``International Standards Organization'' has the meaning given
such term in section 451 of the Trade Agreements Act of 1979
(19 U.S.C. 2571).
(7) Minority serving institution.--The term ``minority-
serving institution''' means a Hispanic-serving institution, an
Alaska Native-serving institution, a Native Hawaiian-serving
institutions, a Predominantly Black Institution, an Asian
American and Native American Pacific Islander-serving
institution, or a Native American-serving nontribal institution
as described in section 371 of the Higher Education Act of 1965
(20 U.S.C. 1067q(a)).
(8) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(9) Technical standards.--The term ``technical standard''
has the meaning given such term in section 12(d)(5) of the
National Technology Transfer and Advancement Act of 1995.
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; and
(D) $331,500,000 is authorized to be appropriated
for industrial technology services activities, of which
$275,000,000 is authorized to be appropriated for the
Manufacturing Extension Partnership program under
sections 25 and 26 of the National Institute of
Standards and Technology Act (15 U.S.C. 278k and 278l)
and $56,500,000 is authorized to be appropriated for
the Network for Manufacturing Innovation Program under
section 34 of the National Institute of Standards and
Technology Act (15 U.S.C. 278s).
(b) Fiscal Year 2023.--
(1) In general.--There are authorized to be appropriated to
the Secretary of Commerce $1,518,800,000 for the National
Institute of Standards and Technology for fiscal year 2023.
(2) Specific allocations.--Of the amount authorized by
paragraph (1)--
(A) $979,100,000 is authorized to be appropriated
for scientific and technical research and services
laboratory activities, of which $10,000,000 is
authorized to be appropriated for the Working Capital
Fund;
(B) $200,000,000 is authorized to be appropriated
for the construction and maintenance of facilities, of
which $80,000,000 is authorized to be appropriated for
Safety, Capacity, Maintenance, and Major Repairs,
including $20,000,000 for IT infrastructure; and
(C) $339,800,000 is authorized to be appropriated
for industrial technology services activities, of which
$283,300,000 is authorized to be appropriated for the
Manufacturing Extension Partnership program under
sections 25 and 26 of the National Institute of
Standards and Technology Act (15 U.S.C. 278k and 278l)
and $56,500,000 is authorized to be appropriated for
the Network for Manufacturing Innovation Program under
section 34 of the National Institute of Standards and
Technology Act (15 U.S.C. 278s).
(c) Fiscal Year 2024.--
(1) In general.--There are authorized to be appropriated to
the Secretary of Commerce $1,595,800,000 for the National
Institute of Standards and Technology for fiscal year 2024.
(2) Specific allocations.--Of the amount authorized by
paragraph (1)--
(A) $1,047,600,000 is authorized to be appropriated
for scientific and technical research and services
laboratory activities, of which $12,000,000 is
authorized to be appropriated for the Working Capital
Fund;
(B) $200,000,000 is authorized to be appropriated
for the construction and maintenance of facilities, of
which $80,000,000 is authorized to be appropriated for
Safety, Capacity, Maintenance, and Major Repairs,
including $20,000,000 for IT infrastructure; and
(C) $348,200,000 is authorized to be appropriated
for industrial technology services activities, of which
$291,700,000 is authorized to be appropriated for the
Manufacturing Extension Partnership program under
sections 25 and 26 of the National Institute of
Standards and Technology Act (15 U.S.C. 278k and 278l)
and $56,500,000 is authorized to be appropriated for
the Network for Manufacturing Innovation Program under
section 34 of the National Institute of Standards and
Technology Act (15 U.S.C. 278s).
(d) Fiscal Year 2025.--
(1) In general.--There are authorized to be appropriated to
the Secretary of Commerce $1,677,900,000 for the National
Institute of Standards and Technology for fiscal year 2025.
(2) Specific allocations.--Of the amount authorized by
paragraph (1)--
(A) $1,120,900,000 is authorized to be appropriated
for scientific and technical research and services
laboratory activities, of which $15,000,000 is
authorized to be appropriated for the Working Capital
Fund;
(B) $200,000,000 is authorized to be appropriated
for the construction and maintenance of facilities, of
which $80,000,000 is authorized to be appropriated for
Safety, Capacity, Maintenance, and Major Repairs,
including $20,000,000 for IT infrastructure; and
(C) $357,000,000 is authorized to be appropriated
for industrial technology services activities, of which
$300,500,000 is authorized to be appropriated for the
Manufacturing Extension Partnership program under
sections 25 and 26 of the National Institute of
Standards and Technology Act (15 U.S.C. 278k and 278l)
and $56,500,000 is authorized to be appropriated for
the Network for Manufacturing Innovation Program under
section 34 of the National Institute of Standards and
Technology Act (15 U.S.C. 278s).
(e) Fiscal Year 2026.--
(1) In general.--There are authorized to be appropriated to
the Secretary of Commerce $1,765,400,000 for the National
Institute of Standards and Technology for fiscal year 2026.
(2) Specific allocations.--Of the amount authorized by
paragraph (1)--
(A) $1,199,400,000 is authorized to be appropriated
for scientific and technical research and services
laboratory activities, of which $18,000,000 is
authorized to be appropriated for the Working Capital
Fund;
(B) $200,000,000 is authorized to be appropriated
for the construction and maintenance of facilities, of
which $80,000,000 is authorized to be appropriated for
Safety, Capacity, Maintenance, and Major Repairs,
including $20,000,000 for IT infrastructure; and
(C) $366,000,000 is authorized to be appropriated
for industrial technology services activities, of which
$309,500,000 is authorized to be appropriated for the
Manufacturing Extension Partnership program under
sections 25 and 26 of the National Institute of
Standards and Technology Act (15 U.S.C. 278k and 23
278l) and $56,500,000 is authorized to be appropriated
for the Network for Manufacturing Innovation Program
under section 34 of the National Institute of Standards
and Technology Act (15 U.S.C. 278s).
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, the Administrator of the Environmental
Protection Agency, the National Aeronautics and Space
Administration, the National Science Foundation, and other
Federal agencies, as appropriate, shall carry out a measurement
research program to inform the development of best practices,
benchmarks, methodologies, procedures, and technical standards
for the measurement of greenhouse gas emissions and to assess
and improve the performance of greenhouse gas emissions
measurement systems placed in-situ and on space-based
platforms.
(2) Activities.--In carrying out such a program, the
Director may--
(A) conduct research and testing to improve the
accuracy, efficacy, and reliability of the measurement
of greenhouse gas emissions at a range of scales that
covers direct measurement at the component or process
level through atmospheric observations;
(B) conduct research to create novel measurement
technologies and techniques for the measurement of
greenhouse gas emissions;
(C) convene and engage with relevant Federal
agencies and stakeholders to establish common
definitions and characterizations for the measurement
of greenhouse gas emissions, taking into account any
existing United States and international technical
standards and guidance;
(D) conduct outreach and coordination to share
technical expertise with relevant industry and non-
industry stakeholders and standards development
organizations to assist such entities in the
development of best practices and technical standards
for greenhouse gas emissions measurements;
(E) in coordination with the Administrator of the
National Oceanic and Atmospheric Administration and the
Administrator of the Environmental Protection Agency,
develop such standard reference materials as the
Director determines is necessary to further the
development of such technical standards, taking into
account any existing United States or international
standards;
(F) coordinate with the National Oceanic and
Atmospheric Administration to ensure data are managed,
stewarded, and archived at all levels and promote full
and open exchange at Federal and State levels, and with
academia, industry, and other users; and
(G) coordinate with international partners,
including international standards organizations, to
maintain global greenhouse gas measurement technical
standards.
(3) Test beds.--In coordination with the private sector,
institutions of higher education, State and local governments,
the National Oceanic and Atmospheric Administration, the
Environmental Protection Agency, and other Federal agencies, as
appropriate, the Director may continue to develop and manage
testbeds to advance research and standards development for
greenhouse gas emissions measurements from in-situ and space-
based platforms.
(4) Greenhouse gas measurement center of excellence.--
(A) In general.--The Director, in collaboration
with the Administrator of the National Oceanic and
Atmospheric Administration, the Administrator of the
Environmental Protection Agency, and the heads of other
Federal agencies, as appropriate, shall award to an
institution of higher education or an eligible
nonprofit organization (or a consortium thereof), on a
merit-reviewed, competitive basis, funds to establish a
Center of Excellence in Greenhouse Gas Measurement.
(B) Collaborations.--The Director shall require, as
a condition of receipt of the award under this
paragraph, that the activities of the Center of
Excellence include collaboration among public and
private organizations, including institutions of higher
education, nonprofit organizations, private sector
entities, and State, tribal, territorial, and local
officials.
(C) Purpose.--The purpose of the Center of
Excellence shall be to--
(i) advance measurement science, data
analytics, and modeling at a range of scales
that covers direct measurement at the component
or process level through atmospheric
observations to improve the accuracy of
greenhouse gas emissions measurement,
validation, and attribution to specific
underlying activities and processes;
(ii) test and evaluate the performance of
existing capabilities, and inform and improve
best practices, benchmarks, methodologies,
procedures, and technical standards, for the
measurement and validation of greenhouse gas
emissions at scales noted in clause (i);
(iii) educate and train students in
measurement science, computational science, and
systems engineering research relevant to
greenhouse gas emissions measurements;
(iv) foster collaboration among academic
researchers, private sector stakeholders, and
State, Tribal, territorial, and local
officials;
(v) support Institute test beds as
described in subsection (a)(3); and
(vi) collaborate with other Federal
agencies to conduct outreach and coordination
to share technical expertise with relevant
public and private sector stakeholders,
including academia, State, Tribal, territorial,
local officials, and international partners to
assist such entities in measuring greenhouse
gas emissions.
(D) Requirements.--
(i) In general.--An institution of higher
education or an eligible nonprofit organization
(or a consortium thereof) seeking funding under
this subsection shall submit an application to
the Director at such time, in such manner, and
containing such information as the Director may
require.
(ii) Applications.--Each application made
under clause (i) shall include a description
of--
(I) how the Center will work with
other research institutions, industry
partners, and State and local officials
to identify research, testing, and
technical standards needs relevant to
greenhouse gas emissions;
(II) how the Center will promote
active collaboration among researchers
in multiple disciplines involved in the
measurement of greenhouse gas
emissions; and
(III) how the Center will share
technical expertise with relevant
public and private sector stakeholders,
including state and local officials, to
assist such entities in measuring
greenhouse gas emissions.
(iii) Selection and duration.--Each Center
established under this section is authorized to
carry out activities for a period of 5 years,
renewable for an additional 5 years at the
discretion of the Director, in consultation
with other Federal agencies as appropriate.
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;''.
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, including identity
and attribute validation services provided by Federal, State,
and local governments;
``(3) to improve privacy protection in identity management
systems through authentication and security protocols; and
``(4) to monitor and improve the accuracy, usability, and
inclusivity of identity management systems.
``(b) Digital Identity Technical Roadmap.--The Director, in
consultation with other relevant Federal agencies and stakeholders from
the private sector, shall develop and maintain a technical roadmap for
digital identity management research and development focused on
enabling the voluntary use and adoption of modern digital identity
solutions that align with the four criteria in subsection (a).
``(c) Digital Identity Management Guidance.--
``(1) In general.--The Director shall develop, and
periodically update, in collaboration with other public and
private sector organizations, common definitions and voluntary
guidance for digital identity management systems, including
identity and attribute validation services provided by Federal,
State, and local governments.
``(2) Guidance.--The Guidance shall--
``(A) align with the four criteria in subsection
(a), as practicable;
``(B) provide case studies of implementation of
guidance;
``(C) incorporate voluntary technical standards and
industry best practices; and
``(D) not prescribe or otherwise require the use of
specific technology products or services.
``(3) Consultation.--In carrying out this subsection, the
Director shall consult with--
``(A) Federal and State agencies;
``(B) industry;
``(C) potential end-users and individuals that will
use services related to digital identity verification;
and
``(D) experts with relevant experience in the
systems that enable digital identity verification, as
determined by the Director.''.
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.
(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.
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 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, agility,
and interference mitigation methods; 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;
(5) developing and publishing cybersecurity tools,
encryption methods, and best practices for artificial
intelligence and data science; and
(6) creating an office to study bias in the use of
artificial intelligence systems and publish guidance to reduce
disparate impacts on historically marginalized communities.
(b) Testbeds.--In coordination with other Federal agencies as
appropriate, the private sector, and institutions of higher education,
the Director may establish testbeds to examine artificial intelligence
and machine learning systems in virtual environments for
vulnerabilities that may lead to failure, malfunction, or attacks under
a wide range of conditions.
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
(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.
(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 and the Select
Committee on Intelligence of the Senate on the findings available from
the evaluation conducted under subsection (a).
(d) Report.--Not later than 18 months after the date of enactment
of this Act, the Comptroller General shall submit to the congressional
committees specified in subsection (c) a report on the findings and
recommendations of the evaluation conducted under subsection (a).
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.
``(2) Such additional amount as the Director considers in
proportion to the manufacturing density of the region of the
recipient.
``(3) Such supplemental amounts as the Director considers
appropriate.
``(e) Purpose of Awards.--An award under this section shall be made
for one or more of the following purposes:
``(1) To provide coordinating services on employee
engagement, including employee ownership and workforce
training, including connecting manufacturers with career and
technical education entities, institutions of higher education
(including community colleges), workforce development boards,
labor organizations, and nonprofit job training providers to
develop and support training and job placement services,
including apprenticeship and online learning platforms, for new
and incumbent workers, programming to prevent job losses when
adopting new technologies and processes, and development of
employee ownership practices.
``(2) To provide services to improve the resiliency of
domestic supply chains and to mitigate vulnerabilities to
cyberattacks, including helping to offset the cost of
cybersecurity projects for small manufacturers.
``(3) To expand advanced technology services to United
States-based small- and medium-sized manufacturers, which may
include--
``(A) developing advanced technology demonstration
laboratories for training and demonstration in areas of
supply chain and critical technology needs, including a
focus on the demonstration of technologies developed by
companies based in the United States;
``(B) services for the adoption of advanced
technologies, including smart manufacturing
technologies and practices; and
``(C) establishing partnerships, for the
development, demonstration, and deployment of advanced
technologies, between United States-based small- and
medium-sized manufacturers and--
``(i) national laboratories (as defined in
section 2 of the Energy Policy Act of 2005 (42
U.S.C. 15801));
``(ii) Federal laboratories;
``(iii) Manufacturing USA institutes (as
described in section 34(d)); and
``(iv) institutions of higher education.
``(4) To build capabilities across the Hollings
Manufacturing Extension Partnership for domestic supply chain
resiliency and optimization, including--
``(A) assessment of domestic manufacturing
capabilities, expanded capacity for researching and
deploying information on supply chain risk, hidden
costs of reliance on offshore suppliers, redesigning
products and processes to encourage reshoring, and
other relevant topics; and
``(B) expanded services to provide industry-wide
support that assists United States manufacturers with
reshoring manufacturing to strengthen the resiliency of
domestic supply chains, including in critical
technology areas and foundational manufacturing
capabilities that are key to domestic manufacturing
competitiveness and resiliency, including forming,
casting, machining, joining, surface treatment, and
tooling.
``(f) Reimbursement.--The Director may reimburse Centers for costs
incurred by the Centers under this section.
``(g) Applications.--Applications for awards under this section
shall be submitted in such manner, at such time, and containing such
information as the Director shall require in consultation with the
Manufacturing Extension Partnership Advisory Board.
``(h) Selection.--
``(1) Reviewed and merit-based.--The Director shall ensure
that awards under this section are reviewed and merit-based.
``(2) Geographic diversity.--The Director shall endeavor to
have broad geographic diversity among selected proposals.
``(3) Criteria.--The Director shall select applications
consistent with the purposes identified pursuant to subsection
(e) to receive awards that the Director determines will achieve
one or more of the following:
``(A) Improvement of the competitiveness of
industries in the region in which the Center or Centers
are located.
``(B) Creation of jobs or training of newly hired
employees.
``(C) Promotion of the transfer and
commercialization of research and technology from
institutions of higher education, national
laboratories, or other Federally funded research
programs, and nonprofit research institutes.
``(D) Recruitment of a diverse manufacturing
workforce, including through outreach to
underrepresented populations, including individuals
identified in section 33 or section 34 of the Science
and Engineering Equal Opportunities Act (42 U.S.C.
1885a, 1885b).
``(E) Any other result the Director determines will
advance the objective set forth in section 25(c) or 26.
``(i) Program Contribution.--Recipients of awards under this
section shall not be required to provide a matching contribution.
``(j) Global Marketplace Projects.--In making an award under this
section, the Director, in consultation with the Manufacturing Extension
Partnership Advisory Board and the Secretary, may take into
consideration whether an application has significant potential for
enhancing the competitiveness of small and medium-sized United States
manufacturers in the global marketplace.
``(k) Duration.--The Director shall ensure that the duration of an
award under this section is aligned and consistent with a Center's
cooperative agreement established in section 25(e).
``(l) Report.--After the completion of the pilot program under
subsection (b) and not later than October 1, 2024, the Director shall
submit to Congress a report that includes--
``(1) a summary description of what activities were funded
and the measurable outcomes of such activities;
``(2) a description of which types of activities under
paragraph (1) could be integrated into, and supported under,
the program under section 25;
``(3) a description of which types of activities under
paragraph (1) could be integrated into, and supported under,
the competitive awards program under section 25A; and
``(4) a recommendation, supported by a clear explanation,
as to whether the pilot program should be continued.''.
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, subject
to the availability of appropriations.
(b) Purpose.--The purpose of the National Supply Chain Database
shall be to assist the Federal government and industry sectors in
minimizing disruptions to the United States supply chain by having an
assessment of United States manufacturers' capabilities.
(c) Study on National Supply Chain Database.--In establishing the
National Supply Chain Database, the Director shall consider the
findings and recommendations from the study authorized in section 9413
of the National Defense Authorization Act for Fiscal Year 2021 (Public
Law 116-283), including measures to secure and protect the National
Supply Chain Database from adversarial attacks and vulnerabilities.
(d) Database and Manufacturing Extension Partnership.--
(1) In general.--The National Supply Chain Database shall
be carried out and managed through the Hollings Manufacturing
Extension Partnership program or its designee and the Director
shall ensure that the Hollings Manufacturing Extension
Partnership Centers are connected to the National Supply Chain
Database.
(2) Capabilities.--The National Supply Chain Database shall
be capable of providing a national view of the supply chain and
enable authorized database users to determine in near real-time
the United States manufacturing capabilities for critical
products, including defense supplies, food, and medical
devices, including personal protective equipment.
(3) Database content.--The Database may include the
following:
(A) Basic company information.
(B) An overview of capabilities, accreditations,
and products.
(C) Proprietary information.
(D) Such other items as the Director considers
necessary.
(4) Standard classification system.--The Database may use
the North American Industry Classification System (NAICS) Codes
as follows:
(A) Sector 31-33 -- Manufacturing.
(B) Sector 54 -- Professional, Scientific, and
Technical Services.
(C) Sector 48-49 -- Transportation and Warehousing.
(5) Levels.--The Database may be multi-leveled as agreed to
under terms of mutual disclosure as follows:
(A) Level 1 may have basic company information and
shall be available to the public.
(B) Level 2 may have a deeper, nonproprietary
overview into capabilities, products, and
accreditations and shall be available to all companies
that contribute to the Database.
(C) Level 3 may hold proprietary information.
(6) Individual state databases.--Each State's supply chain
database maintained by the Institute-recognized Manufacturing
Extension Partnership Center within the State shall be
complementary in design to the National Supply Chain Database.
(e) Maintenance of National Supply Chain Database.--The Director,
acting through the Hollings Manufacturing Extension Partnership
program, shall maintain the National Supply Chain Database as an
integration of the State level databases from each State's
Manufacturing Extension Partnership Center and may be populated with
information from past, current, or potential Center clients.
(f) Exempt From Public Disclosure.--The National Supply Chain
Database and any information related to it not publicly released by the
Institute shall be exempt from public disclosure under section 552 of
title 5, United States Code, and access to non-public content shall be
limited to the contributing company and Manufacturing Extension
Partnership Center staff who sign an appropriate non-disclosure
agreement. The Director may make aggregated, de-identified information
available to contributing companies, Centers, or the public, as the
Director considers appropriate, in support of the purposes of this
section.
(g) Authorization of Appropriations.--There are authorized to be
appropriated--
(1) $31,000,000 for fiscal year 2022 to develop and launch
the Database; and
(2) $26,000,000 for each of fiscal years 2023 through 2026
to maintain, update, and support Federal coordination of the
State supply chain databases maintained by the Centers.
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!.''.
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.''.
Subtitle F--Manufacturing USA Program
SEC. 10271. EXPANDING OPPORTUNITIES THROUGH THE MANUFACTURING USA
PROGRAM.
(a) Participation of Minority-Serving Institutions, Historically
Black Colleges and Universities, and Tribal Colleges and
Universities.--
(1) In general.--The Secretary of Commerce, in consultation
with the Secretary of Energy, the Secretary of Defense, and the
heads of such other Federal agencies as the Secretary of
Commerce considers relevant, shall coordinate with existing and
new Manufacturing USA institutes to integrate covered entities
as active members of the Manufacturing USA institutes,
including through the development of preferences in selection
criteria for proposals to create new Manufacturing USA
institutes or renew existing Manufacturing USA institutes that
include one or more covered entities.
(2) Covered entities.--For purposes of this subsection, a
covered entity is--
(A) an historically Black college or university;
(B) a Tribal college or university;
(C) a minority-serving institution; or
(D) a minority business enterprise (as defined in
section 1400.2 of title 15, Code of Federal
Regulations, or successor regulation).
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 for the Graduate Research
Fellowship Program; and
(iv) $70,000,000 is authorized to be
appropriated for the Cybercorps Scholarship for
Service Program;
(C) $249,000,000 is authorized to be appropriated
for major research equipment and facilities
construction, of which $76,250,000 is authorized to be
appropriated for the Mid-Scale Research Infrastructure
Program;
(D) $620,000,000 is authorized to be appropriated
for agency operations and award management;
(E) $4,620,000 is authorized to be appropriated for
the Office of the National Science Board; and
(F) $23,120,000 is authorized to be appropriated
for the Office of the Inspector General.
(b) Fiscal Year 2023.--
(1) In general.--There are authorized to be appropriated to
the Foundation $14,620,800,000 for fiscal year 2023.
(2) Specific allocations.--Of the amount authorized under
paragraph (1)--
(A) $11,870,000,000 is authorized to be
appropriated to carry out research and related
activities, of which--
(i) $60,000,000 is authorized to be
appropriated for the Mid-Scale Research
Infrastructure Program; and
(ii) $2,300,000,000 is authorized to be
appropriated for the Directorate for Science
and Engineering Solutions;
(B) $1,654,520,000 is authorized to be appropriated
for education and human resources, of which--
(i) $80,400,000 is authorized to be
appropriated for the Robert Noyce Teacher
Scholarship Program;
(ii) $64,910,000 is authorized to be
appropriated for the NSF Research Traineeship
Program;
(iii) $454,140,000 is authorized to be
appropriated for the Graduate Research
Fellowship Program; and
(iv) $72,000,000 is authorized to be
appropriated for the Cybercorps Scholarship for
Service Program;
(C) $355,000,000 is authorized to be appropriated
for major research equipment and facilities
construction, of which $80,000,000 is authorized to be
appropriated for the Mid-Scale Research Infrastructure
Program;
(D) $710,000,000 is authorized to be appropriated
for agency operations and award management;
(E) $4,660,000 is authorized to be appropriated for
the Office of the National Science Board; and
(F) $26,610,000 is authorized to be appropriated
for the Office of the Inspector General.
(c) Fiscal Year 2024.--
(1) In general.--There are authorized to be appropriated to
the Foundation $15,945,020,000 for fiscal year 2024.
(2) Specific allocations.--Of the amount authorized under
paragraph (1)--
(A) $13,050,000,000 is authorized to be
appropriated to carry out research and related
activities, of which--
(i) $70,000,000 is authorized to be
appropriated for the Mid-Scale Research
Infrastructure Program; and
(ii) $2,900,000,000 is authorized to be
appropriated for the Directorate for Science
and Engineering Solutions;
(B) $1,739,210,000 is authorized to be appropriated
for education and human resources, of which--
(i) $87,100,000 is authorized to be
appropriated for the Robert Noyce Teacher
Scholarship Program;
(ii) $70,320,000 is authorized to be
appropriated for the NSF Research Traineeship
Program;
(iii) $491,990,000 is authorized to be
appropriated for the Graduate Research
Fellowship Program; and
(iv) $78,000,000 is authorized to be
appropriated for the Cybercorps Scholarship for
Service Program;
(C) $370,000,000 is authorized to be appropriated
for major research equipment and facilities
construction, of which $85,000,000 is authorized to be
appropriated for the Mid-Scale Research Infrastructure
Program;
(D) $750,000,000 is authorized to be appropriated
for agency operations and award management;
(E) $4,700,000 is authorized to be appropriated for
the Office of the National Science Board; and
(F) $31,110,000 is authorized to be appropriated
for the Office of the Inspector General.
(d) Fiscal Year 2025.--
(1) In general.--There are authorized to be appropriated to
the Foundation $17,004,820,000 for fiscal year 2025.
(2) Specific allocations.--Of the amount authorized under
paragraph (1)--
(A) $14,000,000,000 is authorized to be
appropriated to carry out research and related
activities, of which--
(i) $75,000,000 is authorized to be
appropriated for the Mid-Scale Research
Infrastructure Program; and
(ii) $3,250,000,000 is authorized to be
appropriated for the Directorate for Science
and Engineering Solutions;
(B) $1,823,470,000 is authorized to be appropriated
for education and human resources, of which--
(i) $93,800,000 is authorized to be
appropriated for the Robert Noyce Teacher
Scholarship Program;
(ii) $75,730,000 is authorized to be
appropriated for the NSF Research Traineeship
Program;
(iii) $529,830,000 is authorized to be
appropriated for the Graduate Research
Fellowship Program; and
(iv) $84,000,000 is authorized to be
appropriated for the Cybercorps Scholarship for
Service Program;
(C) $372,000,000 is authorized to be appropriated
for major research equipment and facilities
construction, of which $90,000,000 is authorized to be
appropriated for the Mid-Scale Research Infrastructure
Program;
(D) $770,000,000 is authorized to be appropriated
for agency operations and award management;
(E) $4,740,000 is authorized to be appropriated for
the Office of the National Science Board; and
(F) $34,610,000 is authorized to be appropriated
for the Office of the Inspector General.
(e) Fiscal Year 2026.--
(1) In general.--There are authorized to be appropriated to
the Foundation $17,939,490,000 for fiscal year 2026.
(2) Specific allocations.--Of the amount authorized under
paragraph (1)--
(A) $14,800,000,000 is authorized to be
appropriated to carry out research and related
activities, of which--
(i) $80,000,000 is authorized to be
appropriated for the Mid-Scale Research
Infrastructure Program; and
(ii) $3,400,000,000 is authorized to be
appropriated for the Directorate for Science
and Engineering Solutions;
(B) $1,921,600,000 is authorized to be appropriated
for education and human resources, of which--
(i) $100,500,000 is authorized to be
appropriated for the Robert Noyce Teacher
Scholarship Program;
(ii) $81,140,000 is authorized to be
appropriated for the NSF Research Traineeship
Program;
(iii) $567,680,000 is authorized to be
appropriated for the Graduate Research
Fellowship Program; and
(iv) $90,000,000 is authorized to be
appropriated for the Cybercorps Scholarship for
Service Program;
(C) $375,000,000 is authorized to be appropriated
for major research equipment and facilities
construction, of which $100,000,000 is authorized to be
appropriated for the Mid-Scale Research Infrastructure
Program;
(D) $800,000,000 is authorized to be appropriated
for agency operations and award management;
(E) $4,780,000 is authorized to be appropriated for
the Office of the National Science Board; and
(F) $38,110,000 is authorized to be appropriated
for the Office of the Inspector General.
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 STEM in order to prepare such students to pursue degrees or
careers in STEM.
``(2) Use of funds.--
``(A) In general.--Grants awarded under this
section shall be used toward research to advance the
engagement of students, including underrepresented and
rural students, in grades PREK-8 in STEM through
providing before-school, after-school, out-of-school,
or summer activities, including in single-gender
environments or programming, that are designed to
encourage interest, engagement, and skills development
for students in STEM.
``(B) Permitted activities.--The activities
described in subparagraph (A) may include--
``(i) the provision of programming
described in such subparagraph for the purpose
of research described in such subparagraph;
``(ii) the use of a variety of engagement
methods, including cooperative and hands-on
learning;
``(iii) exposure of students to role models
in the fields of STEM and near-peer mentors;
``(iv) training of informal learning
educators, youth-serving professionals, and
volunteers who lead informal STEM programs in
using evidence-based methods consistent with
the target student population being served;
``(v) education of students on the
relevance and significance of STEM careers,
provision of academic advice and assistance,
and activities designed to help students make
real-world connections to STEM content;
``(vi) the attendance of students at
events, competitions, and academic programs to
provide content expertise and encourage career
exposure in STEM, which may include the
purchase of parts and supplies needed to
participate in such competitions;
``(vii) activities designed to engage
parents and families of students in grades
PREK-8 in STEM;
``(viii) innovative strategies to engage
students, such as using leadership skills and
outcome measures to impart youth with the
confidence to pursue STEM coursework and
academic study;
``(ix) coordination with STEM-rich
environments, including other nonprofit,
nongovernmental organizations, out-of-classroom
settings, single-gender environments,
institutions of higher education, vocational
facilities, corporations, museums, or science
centers; and
``(x) the acquisition of instructional
materials or technology-based tools to conduct
applicable grant activity.
``(3) Application.--An applicant seeking funding under the
section shall submit an application at such time, in such
manner, and containing such information as may be required.
Applications that include or partner with a nonprofit,
nongovernmental organization that has extensive experience and
expertise in increasing the participation of students in PREK-8
in STEM are encouraged. The application may include the
following:
``(A) A description of the target audience to be
served by the research activity or activities for which
such funding is sought.
``(B) A description of the process for recruitment
and selection of students to participate in such
activities.
``(C) A description of how such activity or
activities may inform programming that engages students
in grades PREK-8 in STEM.
``(D) A description of how such activity or
activities may inform programming that promotes student
academic achievement in STEM.
``(E) An evaluation plan that includes, at a
minimum, the use of outcome-oriented measures to
determine the impact and efficacy of programming being
researched.
``(4) Evaluations.--Each recipient of a grant under this
section shall provide, at the conclusion of every year during
which the grant funds are received, an evaluation in a form
prescribed by the Director.
``(5) Accountability and dissemination.--
``(A) Evaluation required.--The Director shall
evaluate the activities established under this section.
Such evaluation shall--
``(i) use a common set of benchmarks and
tools to assess the results of research
conducted under such grants; and
``(ii) to the extent practicable, integrate
the findings of the research resulting from the
activity or activities funded through the grant
with the current research on serving students
with respect to the pursuit of degrees or
careers in STEM, including underrepresented and
rural students, in grades PREK-8.
``(B) Report on evaluations.--Not later than 180
days after the completion of the evaluation under
subparagraph (A), the Director shall submit to Congress
and make widely available to the public a report that
includes--
``(i) the results of the evaluation; and
``(ii) any recommendations for
administrative and legislative action that
could optimize the effectiveness of the program
under this section.
``(6) Coordination.--In carrying out this section, the
Director shall, for purposes of enhancing program effectiveness
and avoiding duplication of activities, consult, cooperate, and
coordinate with the programs and policies of other relevant
Federal agencies.''.
(b) Undergraduate STEM Education.--
(1) Research on stem education and workforce needs.--The
Director shall award grants, on a competitive basis, to four-
year institutions of higher education or non-profit
organizations (or consortia of such institutions or
organizations) to support research and development activities
to--
(A) encourage greater collaboration and
coordination between institutions of higher education
and industry to enhance education, foster hands-on
learn experiences, and improve alignment with workforce
needs;
(B) understand the current composition of the STEM
workforce and the factors that influence growth,
retention, and development of that workforce;
(C) increase the size, diversity, capability, and
flexibility of the STEM workforce; and
(D) increase dissemination and widespread adoption
of effective practices in undergraduate education and
workforce development.
(2) Advanced technological education program update.--
Section 3(b) of the Scientific and Advanced-Technology Act of
1992 (42 U.S.C. 1862i(b)) is amended to read as follows:
``(b) National Coordination Network for Science and Technical
Education.--The Director shall award grants to institutions of higher
education, non-profit organizations, and associate-degree granting
colleges (or consortia of such institutions or organizations) to
establish a network of centers for science and technical education. The
centers shall--
``(1) coordinate research, training, and education
activities funded by awards under subsection (a) and share
information and best practices across the network of awardees;
``(2) serve as a national and regional clearinghouse and
resource to communicate and coordinate research, training, and
educational activities across disciplinary, organizational,
geographic, and international boundaries and disseminate best
practices; and
``(3) develop national and regional partnerships between
PreK-12 schools, two-year colleges, institutions of higher
education, workforce development programs, labor organizations,
and industry to meet workforce needs.''.
(3) Innovations in stem education at community colleges.--
(A) In general.--The Director shall award grants on
a merit-reviewed, competitive basis to institutions of
higher education or non-profit organizations (or
consortia of such institutions or organizations) to
advance research on the nature of learning and teaching
at community colleges and to improve outcomes for
students who enter the workforce upon completion of
their STEM degree or credential or transfer to 4-year
institutions, including by--
(i) examining how to scale up successful
programs at Community Colleges that are
improving student outcomes in foundational STEM
courses;
(ii) supporting research on effective STEM
teaching practices in community college
settings;
(iii) designing and developing new STEM
curricula;
(iv) providing STEM students with hands-on
training and research experiences, internships,
and other experiential learning opportunities;
(v) increasing access to high quality STEM
education through new technologies;
(vi) re-skilling or up-skilling incumbent
workers for new STEM jobs;
(vii) building STEM career and seamless
transfer pathways; and
(viii) developing novel mechanisms to
identify and recruit talent into STEM programs,
in particular talent from groups historically
underrepresented in STEM.
(B) Partnerships.--In carrying out activities under
this paragraph, the Director shall encourage
applications to develop, enhance, or expand cooperative
STEM education and training partnerships between
institutions of higher education, industry, and labor
organizations.
(4) Improving access to stem education at cte
institutions.--
(A) In general.--The Director shall award grants,
on a competitive basis, to institutions of higher
education (including postecondary vocational
institutions) to support career and technical education
in STEM and computer science related fields.
(B) Priority.--In awarding grants under
subparagraph (A), the Director shall give priority to
institutions that demonstrate effective strategies to
recruit and provide career and technical education to
veterans and members of the Armed Forces transitioning
to the private sector workforce.
(C) Career and technical education defined.--In
this paragraph, the term ``career and technical
education'' has the meaning given that term in section
3 of the Carl D. Perkins Career and Technical Education
Act of 2006 (20 U.S.C. 2302).
(5) Course-based undergraduate research experiences.--
(A) In general.--The Director shall carry out a 4-
year pilot program under which the Director shall award
grants, on a competitive basis, to institutions of
higher education and non-profit organizations (or
consortia of such institutions or organizations) to
establish a total of not fewer than five Centers to
develop and scale up successful models for providing
undergraduate students with hands-on, discovery-based
research courses.
(B) Use of funds.--Grants made under this paragraph
shall be used to--
(i) develop, assess, and disseminate models
for providing undergraduate students with
course-based research experiences across STEM
disciplines and education levels;
(ii) identify and address opportunities and
challenges in facilitating implementation
across a broad range of institution types,
including minority-serving institutions and
community colleges;
(iii) identify and develop best practices
to address barriers for faculty, including
institutional culture, resources, and incentive
structures;
(iv) identify and address factors that may
facilitate or discourage participation by
students from all backgrounds;
(v) provide faculty with curriculum,
professional development, training, networking
opportunities, and other support to enable the
development, adaptation, or expansion of a
discovery-based research course; and
(vi) collect data and carry out research to
evaluate the impacts of course-based
undergraduate research experiences on the STEM
workforce.
(C) Partnerships.--In making awards under this
paragraph, the Director shall consider the extent to
which the proposed Center will establish partnerships
among multiple types of academic institutions,
including community colleges, emerging research
institutions, historically Black colleges and
universities, Tribal Colleges or Universities, and
minority serving institutions, the private sector, and
other relevant stakeholders in supporting programs and
activities to facilitate faculty training and the
widespread and sustained implementation of promising,
evidence-based practices, models, programs, and
curriculum.
(D) Report.--Not later than 180 days after the date
on which the pilot program is completed, the Director
shall submit to Congress a report that includes--
(i) an assessment, that includes feedback
from the research community, of the
effectiveness of the pilot program in
increasing the number, diversity, and workforce
readiness of STEM graduates; and
(ii) if determined to be effective, a plan
for permanent implementation of the pilot
program.
(c) Advanced Technological Manufacturing Act.--
(1) Findings and purpose.--Section 2 of the Scientific and
Advanced-Technology Act of 1992 (42 U.S.C. 1862h) is amended--
(A) in subsection (a)--
(i) in paragraph (3), by striking
``science, mathematics, and technology'' and
inserting ``science, technology, engineering,
and mathematics or STEM'';
(ii) in paragraph (4), by inserting
``educated'' and before ``trained''; and
(iii) in paragraph (5), by striking
``scientific and technical education and
training'' and inserting ``STEM education and
training''; and
(B) in subsection (b)--
(i) in paragraph (2), by striking
``mathematics and science'' and inserting
``STEM fields''; and
(ii) in paragraph (4), by striking
``mathematics and science instruction'' and
inserting ``STEM instruction''.
(2) Modernizing references to stem.--Section 3 of the
Scientific and Advanced-Technology Act of 1992 (42 U.S.C.
1862i) is amended--
(A) in the section heading, by striking
``scientific and technical education '' and inserting
``stem education'';
(B) in subsection (a)--
(i) in the subsection heading, by striking
``Scientific and Technical Education '' and
inserting ``STEM Education'';
(ii) in the matter preceding paragraph
(1)--
(I) by inserting ``and education to
prepare the skilled technical workforce
to meet workforce demands'' before ``,
and to improve'';
(II) by striking ``core education
courses in science and mathematics''
and inserting ``core education courses
in STEM fields'';
(III) by inserting ``veterans and
individuals engaged in'' before ``work
in the home''; and
(IV) by inserting ``and on building
a pathway from secondary schools, to
associate-degree-granting institutions,
to careers that require technical
training'' before ``, and shall be
designed'';
(iii) in paragraph (1)--
(I) by inserting ``and study''
after ``development''; and
(II) by striking ``core science and
mathematics courses'' and inserting
``core STEM courses'';
(iv) in paragraph (2), by striking
``science, mathematics, and advanced-technology
fields'' and inserting ``STEM and advanced-
technology fields'';
(v) in paragraph (3)(A), by inserting ``to
support the advanced-technology industries that
drive the competitiveness of the United States
in the global economy'' before the semicolon at
the end;
(vi) in paragraph (4), by striking
``scientific and advanced-technology fields''
and inserting ``STEM and advanced-technology
fields''; and
(vii) in paragraph (5), by striking
``advanced scientific and technical education''
and inserting ``advanced STEM and advanced-
technology'';
(C) in subsection (c)--
(i) in paragraph (1)--
(I) in subparagraph (A)--
(aa) in the matter
preceding clause (i), by
striking ``to encourage'' and
all that follows through ``such
means as--'' and inserting ``to
encourage the development of
career and educational pathways
with multiple entry and exit
points leading to credentials
and degrees, and to assist
students pursuing pathways in
STEM fields to transition from
associate-degree-granting
colleges to bachelor-degree-
granting institutions, through
such means as--'';
(bb) in clause (i), by
striking ``to ensure'' and
inserting ``to develop
articulation agreements that
ensure''; and
(cc) in clause (ii), by
striking ``courses at the
bachelor-degree-granting
institution'' and inserting
``the career and educational
pathways supported by the
articulation agreements'';
(II) in subparagraph (B)--
(aa) in clause (i), by
inserting ``veterans and
individuals engaged in'' before
``work in the home'';
(bb) in clause (iii)--
(AA) by striking
``bachelor's-degree-
granting institutions''
and inserting
``institutions or work
sites''; and
(BB) by inserting
``or industry
internships'' after
``summer programs'';
and
(cc) by striking the flush
text following clause (iv); and
(III) by striking subparagraph (C);
(ii) in paragraph (2)--
(I) by striking ``mathematics and
science programs'' and inserting ``STEM
programs'';
(II) by inserting ``and, as
appropriate, elementary schools,''
after ``with secondary schools'';
(III) by striking ``mathematics and
science education'' and inserting
``STEM education'';
(IV) by striking ``secondary school
students'' and inserting ``students at
these schools'';
(V) by striking ``science and
advanced-technology fields'' and
inserting ``STEM and advanced-
technology fields''; and
(VI) by striking ``agreements with
local educational agencies'' and
inserting ``articulation agreements or
dual credit courses with local
secondary schools, or other means as
the Director determines appropriate,'';
and
(iii) in paragraph (3)--
(I) by striking subparagraph (B);
(II) by striking ``shall--''and all
that follows through ``establish a''
and inserting ``shall establish a'';
(III) by striking ``the fields of
science, technology, engineering, and
mathematics'' and inserting ``STEM
fields''; and
(IV) by striking ``; and'' and
inserting ``, including jobs at Federal
and academic laboratories.'';
(D) in subsection (d)(2)--
(i) in subparagraph (D), by striking
``and'' after the semicolon;
(ii) in subparagraph (E), by striking the
period at the end and inserting a ``; and'';
and
(iii) by adding at the end the following:
``(F) as appropriate, applications that apply the
best practices for STEM education and technical skills
education through distance learning or in a simulated
work environment, as determined by research described
in subsection (f); and'';
(E) in subsection (g), by striking the second
sentence;
(F) in subsection (h)(1)--
(i) in subparagraph (A), by striking
``2022'' and inserting ``2026'';
(ii) in subparagraph (B), by striking
``2022'' and inserting ``2026''; and
(iii) in subparagraph (C)--
(I) by striking ``up to
$2,500,000'' and inserting ``not less
than $3,000,000''; and
(II) by striking ``2022'' and
inserting ``2026'';
(G) in subsection (i)--
(i) by striking paragraph (3); and
(ii) by redesignating paragraphs (4) and
(5) as paragraphs (3) and (4), respectively;
and
(H) in subsection (j)--
(i) by striking paragraph (1) and inserting
the following:
``(1) the term advanced-technology includes technological
fields such as advanced manufacturing, agricultural-,
biological- and chemical-technologies, energy and environmental
technologies, engineering technologies, information
technologies, micro and nano-technologies, cybersecurity
technologies, geospatial technologies, and new, emerging
technology areas;'';
(ii) in paragraph (4), by striking
``separate bachelor-degree-granting
institutions'' and inserting ``other
entities'';
(iii) by striking paragraph (7);
(iv) by redesignating paragraphs (8) and
(9) as paragraphs (7) and (8), respectively;
(v) in paragraph (7), as redesignated by
subparagraph (D), by striking ``and'' after the
semicolon;
(vi) in paragraph (8), as redesignated by
subparagraph (D)--
(I) by striking ``mathematics,
science, engineering, or technology''
and inserting ``science, technology,
engineering, or mathematics''; and
(II) by striking the period at the
end and inserting ``; and''; and
(vii) by adding at the end the following:
``(9) the term skilled technical workforce means workers--
``(A) in occupations that use significant levels of
science and engineering expertise and technical
knowledge; and
``(B) whose level of educational attainment is less
than a bachelor degree.''.
(3) Authorization of appropriations.--Section 5 of the
Scientific and Advanced-Technology Act of 1992 (42 U.S.C.
1862j) is amended to read as follows:
``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 doctoral degrees in
fields relating to cybersecurity are considered as
applicants for scholarships and graduate fellowships
under the Graduate Research Fellowship Program under
section 10 of the National Science Foundation Act of
1950 (42 U.S.C. 1869).
(3) Study on graduate student funding.--
(A) In general.--Not later than 45 days after the
date of enactment of this Act, the Director shall enter
into an agreement with a qualified independent
organization to evaluate--
(i) the role of the Foundation in
supporting graduate student education and
training through fellowships, traineeships, and
other funding models; and
(ii) the impact of different funding
mechanisms on graduate student experiences and
outcomes, including whether such mechanisms
have differential impacts on subsets of the
student population.
(B) Report.--Not later than 1 year after the date
of enactment of this Act, the organization charged with
carrying out the study under subparagraph (A) shall
publish the results of its evaluation, including a
recommendation for the appropriate balance between
fellowships, traineeships, and other funding models.
(4) Fellowships and traineeships for early-career ai
researchers.--
(A) Artificial intelligence traineeships.--
(i) In general.--The Director shall award
grants to institutions of higher education to
establish traineeship programs for graduate
students who pursue artificial intelligence-
related research leading to a masters or
doctorate degree by providing funding and other
assistance, and by providing graduate students
opportunities for research experiences in
government or industry related to the students'
artificial intelligence studies.
(ii) Use of funds.--A institution of higher
education shall use grant funds provided under
clause (i) for the purposes of--
(I) providing traineeships to
students who are pursuing research in
artificial intelligence leading to a
masters or doctorate degree;
(II) paying tuition and fees for
students receiving traineeships;
(III) creating and requiring
courses or training programs in
technology ethics for students
receiving traineeships;
(IV) creating opportunities for
research in technology ethics for
students receiving traineeships;
(V) establishing scientific
internship programs for students
receiving traineeships in artificial
intelligence at for-profit
institutions, nonprofit research
institutions, or government
laboratories; and
(VI) other costs associated with
the administration of the program.
(B) Artificial intelligence fellowships.--The
Director shall award fellowships to masters and
doctoral students and postdoctoral researchers who are
pursuing degrees or research in artificial intelligence
and related fields, including in the field of
technology ethics. In making such awards, the Director
shall conduct outreach, including through formal
solicitations, to solicit proposals from students and
postdoctoral researchers seeking to carry out research
in aspects of technology ethics with relevance to
artificial intelligence systems.
(e) Stem Workforce Data.--
(1) Skilled technical workforce portfolio review.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Director shall
conduct a full portfolio analysis of the Foundation's
skilled technical workforce investments across all
Directorates in the areas of education, research,
infrastructure, data collection, and analysis.
(B) Report.--Not later than 180 days after the date
of the review under subparagraph (A) is complete, the
Director shall submit to Congress and make widely
available to the public a summary report of the
portfolio review.
(2) Survey data.--
(A) Rotating topic modules.--To meet evolving needs
for data on the state of the science and engineering
workforce, the Director shall assess, through
coordination with other Federal statistical agencies
and drawing on input from relevant stakeholders, the
feasibility and benefits of incorporating questions or
topic modules to existing National Center for Science
and Engineering Statistics surveys that would vary from
cycle to cycle.
(B) New data.--Not later than 1 year after the date
of enactment of this Act, the Director shall submit to
Congress and the Board the results of an assessment,
carried out in coordination with other Federal agencies
and with input from relevant stakeholders, of the
feasibility and benefits of incorporating new questions
or topic modules to existing National Center for
Science and Engineering Statistics surveys on--
(i) the skilled technical workforce;
(ii) working conditions and work-life
balance;
(iii) harassment and discrimination;
(iv) sexual orientation and gender
identity;
(v) immigration and emigration; and
(vi) any other topics at the discretion of
the Director.
(C) Longitudinal design.--The Director shall
continue and accelerate efforts to enhance the
usefulness of National Center for Science and
Engineering Statistics survey data for longitudinal
research and analysis.
(D) Government accountability office review.--Not
later than 1 year after the date of enactment of this
Act, the Comptroller General of the United States shall
submit a report to Congress that--
(i) evaluates Foundation processes for
ensuring the data and analysis produced by the
National Center for Science and Engineering
Statistics meets current and future needs; and
(ii) includes such recommendations as the
Comptroller General determines are appropriate
to improve such processes.
(f) Cyber Workforce Development Research and Development.--
(1) In general.--The Director shall award grants on a
merit-reviewed, competitive basis to institutions of higher
education or non-profit organizations (or a consortia of such
institutions or organizations) to carry out research on the
cyber workforce.
(2) Research.--In carrying out research pursuant to
paragraph (1), the Director shall support research and
development activities to--
(A) understand the current state of the cyber
workforce, including factors that influence growth,
retention, and development of that workforce;
(B) examine paths to entry and re-entry into the
cyber workforce;
(C) understand trends of the cyber workforce,
including demographic representation, educational and
professional backgrounds present, competencies
available, and factors that shape employee recruitment,
development, and retention and how to increase the
size, diversity, and capability of the cyber workforce;
(D) examine and evaluate training practices,
models, programs, and technologies; and
(E) other closely related topics as the Director
determines appropriate.
(3) Requirements.--In carrying out the activities described
in paragraph (2), the Director shall--
(A) collaborate with the National Institute of
Standards and Technology, including the National
Initiative for Cybersecurity Education, the Department
of Homeland Security, the Department of Defense, the
Office of Personnel Management, and other Federal
departments and agencies, as appropriate;
(B) align with or build on the National Initiative
on Cybersecurity Education Cybersecurity Workforce
Framework wherever practicable and applicable;
(C) leverage the collective body of knowledge from
existing cyber workforce development research and
education activities; and
(D) engage with other Federal departments and
agencies, research communities, and potential users of
information produced under this subsection.
(g) Federal Cyber Scholarship-for-Service Program.--
(1) Sense of congress.--It is the sense of Congress that--
(A) since cybersecurity risks are constant in the
growing digital world, it is critical that the United
States stay ahead of malicious cyber activity with a
workforce that can safeguard our innovation, research,
and work environments; and
(B) Federal investments in the Federal Cyber
Scholarship-for-Service Program at the National Science
Foundation play a critical role in preparing and
sustaining a strong, talented, and much-needed national
cybersecurity workforce and should be strengthened.
(2) In general.--Section 302(b)(1) of the Cybersecurity
Enhancement Act of 2014 (15 U.S.C. 7442(b)(1)) is amended by
striking the semicolon at the end and inserting the following
``and cybersecurity-related aspects of other related fields as
appropriate, including artificial intelligence, quantum
computing and aerospace;''.
(h) Cybersecurity Workforce Data Initiative.--The Director, acting
through the National Center for Science and Engineering Statistics
established in section 505 of the America COMPETES Reauthorization Act
of 2010 (42 U.S.C. 1862p) and in coordination with the Director of the
National Institute of Standards and Technology and other appropriate
Federal statistical agencies, shall establish a cybersecurity workforce
data initiative that--
(1) assesses the feasibility of providing nationally
representative estimates and statistical information on the
cybersecurity workforce;
(2) utilizes the National Initiative for Cybersecurity
Education (NICE) Cybersecurity Workforce Framework (NIST
Special Publication 800-181), or other frameworks, as
appropriate, to enable a consistent measurement of the
cybersecurity workforce;
(3) utilizes and complements existing data on employer
requirements and unfilled positions in the cybersecurity
workforce;
(4) consults key stakeholders and the broader community of
practice in cybersecurity workforce development to determine
data requirements needed to strengthen the cybersecurity
workforce;
(5) evaluates existing Federal survey data for information
pertinent to developing national estimates of the cybersecurity
workforce;
(6) evaluates administrative data and other supplementary
data sources, as available, to describe and measure the
cybersecurity workforce; and
(7) collects statistical data, to the greatest extent
practicable, on credential attainment and employment outcomes
information for the cybersecurity workforce.
(i) Incorporation of Art and Design Into Certain STEM Education .--
Section 9(a) of the National Science Foundation Authorization Act of
2002 (42 U.S.C. 1862n(a)) is amended--
(1) in paragraph (3)--
(A) in subparagraph (M), by striking ``and'' at the
end;
(B) by redesignating subparagraph (N) as
subparagraph (O); and
(C) after subparagraph (M), by inserting the
following new subparagraph:
``(N) developing science, technology, engineering,
and mathematics educational curriculum that
incorporates art and design to promote creativity and
innovation; and''; and
(2) in paragraph (10)(A)--
(A) in clause (xi), by striking ``and'' at the end;
(B) in clause (xii), by striking the period and
inserting ``; and''; and
(C) after clause (xii), by inserting the following
new clause:
``(xiii) have a component that includes the
integration of art and design principles and
processes.''.
(j) Mandatory Cost-Sharing.--
(1) Waiver.--The cost-sharing requirements under section
7036(c) of the America Creating Opportunities to Meaningfully
Promote Excellence in Technology, Education, and Science Act
(42 U.S.C. 1862o-14(c)) for the Major Research Instrumentation
Program and under section 10A(i) of the National Science
Foundation Authorization Act of 2002 (42 U.S.C. 1862n-1a(i))
for teaching fellowships administered within the Robert Noyce
Teacher Scholarship Program are waived for a period of 5 years
following the date of enactment of this Act.
(2) Assessment.--Not later than 5 years following the date
of enactment of this Act, the Director shall submit to Congress
an assessment, that includes feedback from the research
community, of the impacts of the waivers provided under
paragraph (1), including--
(A) programmatic and scientific goals;
(B) institutional commitment and stewardship of
Federal resources;
(C) institutional strategic planning and
administrative burden;
(D) equity among grantee institutions; and
(E) recommendations for or against extending or
making permanent such waivers.
(k) Integrating Art and Design Into National Science Foundation
Informal STEM Education Program.--Section 3 of the STEM Education Act
of 2015 (42 U.S.C. 1862q) is amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``and'' at the
end;
(B) in paragraph (3), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(4) the integration of art and design in STEM educational
programs.'';
(2) in subsection (b)--
(A) in paragraph (3), by striking ``and'' at the
end;
(B) in paragraph (4), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(5) design and testing of programming that integrates art
and design in STEM education to promote creativity and
innovation.''; and
(3) in subsection (c)(2)(B), as added by subsection (a)(4)
of this section--
(A) in clause (ix), by striking ``and'' at the end;
(B) in clause (x), by striking the period and
inserting ``; and;''; and
(C) by adding at the end the following:
``(xi) the design and testing of
programming that integrates art and design in
STEM education to promote creativity and
innovation.''.
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--
``(i) at least two teachers--''; and
(B) in subparagraph (C), as designated by paragraph
(1)(A)(v), by adding at the end the following:
``(ii) at least one teacher--
``(I) from the Commonwealth of the Northern Mariana
Islands;
``(II) from American Samoa;
``(III) from the Virgin Islands of the United
States; and
``(IV) from Guam.''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply with respect to awards made on or after the date of
the enactment of this Act.
(b) Robert Noyce Teacher Scholarship Program Update.--
(1) Sense of congress.--It is the sense of Congress that
over the next five years the Foundation should increase the
number of scholarships awarded under the Robert Noyce Teacher
Scholarship program established under section 10 of the
National Science Foundation Authorization Act of 2002 (42
U.S.C. 1862n-1) by 50 percent.
(2) Outreach.--To increase the diversity of participants,
the Director shall support symposia, forums, conferences, and
other activities to expand and enhance outreach to--
(A) historically Black colleges and universities
that are part B institutions, as defined in section
322(2) of the Higher Education Act of 1965 (20 U.S.C.
1061(2));
(B) Tribal Colleges or Universities;
(C) Minority serving institutions;
(D) institutions of higher education that are
located near or serve rural communities;
(E) labor organizations;
(F) emerging research institutions; and
(G) higher education programs that serve or support
veterans.
(c) NSF INCLUDES Initiative.--The Director shall award grants and
cooperative agreements, on a competitive basis, to institutions of
higher education or non-profit organizations (or consortia of such
institutions or organizations) to carry out a comprehensive national
initiative to facilitate the development of networks and partnerships
to build on and scale up effective practices in broadening
participation in STEM studies and careers of groups historically
underrepresented in such studies and careers.
(d) Broadening Participation on Major Facilities Awards.--The
Director shall require organizations seeking a cooperative agreement
for the management of the operations and maintenance of a Foundation
project to demonstrate prior experience and current capabilities in
employing best practices in broadening participation in science and
engineering and ensure implementation of such practices is considered
in oversight of the award.
(e) Partnerships With Emerging Research Institutions.--The Director
shall establish a five-year pilot program to enhance partnerships
between emerging research institutions and institutions classified as
very high research activity by the Carnegie Classification of
Institutions of Higher Education at the time of application. In
carrying out this program, the Director shall--
(1) require that each proposal submitted by a multi-
institution collaboration for an award, including those under
section 10309, that exceeds $1,000,000, as appropriate, specify
how the applicants will support substantive, meaningful, and
mutually-beneficial partnerships with one or more emerging
research institutions;
(2) require awardees funded under paragraph (1) to direct
no less than 25 percent of the total award to one or more
emerging research institutions to build research capacity,
including through support for faculty salaries and training,
field and laboratory research experiences for undergraduate and
graduate students, and maintenance and repair of research
equipment and instrumentation;
(3) require awardees funded under paragraph (1) to report
on the partnership activities as part of the annual reporting
requirements of the Foundation;
(4) solicit feedback on the partnership directly from
partner emerging research institutions, in such form as the
Director deems appropriate; and
(5) submit a report to Congress after the third year of the
pilot program that includes--
(A) an assessment, drawing on feedback from the
research community and other sources of information, of
the effectiveness of the pilot program for improving
the quality of partnerships with emerging research
institutions; and
(B) if deemed effective, a plan for permanent
implementation of the pilot program.
(f) Tribal Colleges and Universities Program Update.--
(1) In general.--Section 525 of the America COMPETES
Reauthorization Act of 2010 (42 U.S.C. 1862p-13) is amended--
(A) in subsection (a) by--
(i) striking ``Native American'' and
inserting ``American Indian, Alaska Native, and
Native Hawaiian'';
(ii) inserting ``post-secondary credentials
and'' before ``associate's''; and
(iii) striking ``or baccalaureate degrees''
and inserting ``, baccalaureate, and graduate
degrees''; and
(B) in subsection (b) by striking
``undergraduate''; and
(C) in subsection (c) by inserting ``and STEM''
after ``laboratory''.
(2) Authorization of appropriations.--There is authorized
to be appropriated to the Director to carry out this program
$107,250,000 for fiscal year 2022 through fiscal year 2026.
(g) Diversity in Tech Research.--The Director shall award grants,
on a competitive basis, to institutions of higher education or non-
profit organizations (or consortia of such institutions or
organizations) to support basic and applied research that yields a
scientific evidence base for improving the design and emergence,
development and deployment, and management and ultimate effectiveness
of organizations of all kinds, including research related to diversity,
equity, and inclusion in the technology sector.
(h) Continuing Support for EPSCoR.--
(1) Sense of congress.--
(A) In general.--It is the sense of Congress that--
(i) since maintaining the Nation's
scientific and economic leadership requires the
participation of talented individuals
nationwide, EPSCoR investments into State
research and education capacities are in the
Federal interest and should be sustained; and
(ii) EPSCoR should maintain its
experimental component by supporting innovative
methods for improving research capacity and
competitiveness.
(B) Definition of epscor.--In this subsection, the
term ``EPSCoR'' has the meaning given the term in
section 502 of the America COMPETES Reauthorization Act
of 2010 (42 U.S.C. 1862p note).
(2) Update of epscor.--Section 517(f)(2) of the America
COMPETES Reauthorization Act of 2010 (42 U.S.C. 1862p-9(f)(2))
is amended--
(A) in subparagraph (A), by striking ``and'' at the
end; and
(B) by adding at the end the following:
``(C) to increase the capacity of rural communities
to provide quality STEM education and STEM workforce
development programming to students, and teachers;
and''.
(i) Fostering STEM Research Diversity and Capacity Program.--
(1) In general.--The Director shall establish a program to
make awards on a competitive, merit-reviewed basis to eligible
institutions to implement and study innovative approaches for
building research capacity in order to engage and retain
students from a range of institutions and diverse backgrounds
in STEM.
(2) Eligible institution defined.--In this subsection the
term ``eligible institution'' means an institution of higher
education that, according to the data published by the National
Center for Science and Engineering Statistics, is not, on
average, among the top 100 institutions in Federal research and
development expenditures during the 3 year period prior to the
year of the award.
(3) Purpose.--The program established in paragraph (1)
shall be focused on achieving simultaneous impacts at the
student, faculty, and institutional levels by increasing the
research capacity at eligible institutions and the number of
undergraduate and graduate students pursuing STEM degrees from
eligible institutions.
(4) Requirements.--In carrying out this program, the
Director shall--
(A) require eligible institutions seeking funding
under this subsection to submit an application to the
Director at such time, in such manner, containing such
information and assurances as the Director may require.
The application shall include, at a minimum a
description of how the eligible institution plans to
sustain the proposed activities beyond the duration of
the grant;
(B) require applicants to identify disciplines and
focus areas in which the eligible institution can
excel, and explain how the applicant will use the award
to build capacity to bolster the institutional research
competitiveness of eligible entities to support grants
awarded by the Foundation and increase regional and
national capacity in STEM;
(C) require the awards funded under this subsection
to support research and related activities, which may
include--
(i) development or expansion of research
programs in disciplines and focus areas in
subparagraph (B);
(ii) faculty recruitment and professional
development in disciplines and focus areas in
subparagraph (B), including for early-career
researchers;
(iii) stipends for undergraduate and
graduate students participating in research in
disciplines and focus areas in subparagraph
(B);
(iv) acquisition of instrumentation
necessary to build research capacity at an
eligible institution in disciplines and focus
areas in subparagraph (B);
(v) an assessment of capacity-building and
research infrastructure needs;
(vi) administrative research development
support; and
(vii) other activities necessary to build
research capacity; and
(D) require that no eligible institution should
receive more than $10,000,000 in any single year of
funds made available under this section.
(5) Additional considerations.--In awarding a grant under
this subsection, the Director may also consider--
(A) the extent to which the applicant will support
students from diverse backgrounds, including first-
generation undergraduate students;
(B) the geographic and institutional diversity of
the applying institutions; and
(C) how the applicants can leverage public-private
partnerships and existing partnerships with Federal
Research Agencies.
(6) Duplication.--The Director shall ensure the awards made
under this subsection are complementary and not duplicative of
existing programs.
(7) Report.--The Director shall submit a report to Congress
after the third year of the program that includes--
(A) an assessment of the effectiveness of the
program for growing the geographic and institutional
diversity of institutions of higher education receiving
research awards from the Foundation;
(B) an assessment of the quality, quantity and
geographic and institutional diversity of institutions
of higher education conducting Foundation-sponsored
research since the establishment of the program in this
subsection;
(C) an assessment of the quantity and diversity of
undergraduate and graduate students graduating from
eligible institutions with STEM degrees; and
(D) statistical summary data on the program,
including the geographic and institutional allocation
of award funding, the number and diversity of supported
graduate and undergraduate students, and how it
contributes to capacity building at eligible entities.
(8) Authorization of appropriations.--There is authorized
to be appropriated to the Director $150,000,000 for each of the
fiscal years 2022 through 2026 to carry out the activities
under this subsection.
(j) Capacity-Building Program for Developing Universities.--
(1) In general.--
(A) The Director shall make awards, on a
competitive basis, to eligible institutions described
in paragraph (2) to support the mission of the
Foundation and to build institutional research capacity
at eligible institutions.
(B) The Director shall administer separate
competitions for each category of eligible institution
described in subclauses (I) through (IV) of paragraph
(2)(A)(i).
(2) Eligible institution.--
(A) In general.--To be eligible to receive an award
under this subsection, an institution--
(i) shall be--
(I) a historically Black college or
university;
(II) a Tribal College or
University;
(III) a minority-serving
institution; or
(IV) an institution of higher
education with an established STEM
capacity building program focused on
traditionally underrepresented
populations in STEM, including Native
Hawaiians, Alaska Natives, and Indians;
and
(ii) shall--
(I) have not more than $50,000,000
in annual federally financed research
and development expenditures for
science and engineering as reported
through the National Science Foundation
Higher Education Research and
Development Survey; or
(II) not be an institution
classified as having very high research
activity by the Carnegie Classification
of Institutions of Higher Education.
(B) Partnerships.--An eligible institution
receiving a grant under this subsection may carry out
the activities of the grant through a partnership with
other entities, including community colleges and other
eligible institutions.
(3) Proposals.--To receive an award under this subsection,
an eligible institution shall submit an application to the
Director at such time, in such manner, and containing such
information as the Director may require, including a plan that
describes how the eligible institution will establish or expand
research office capacity and how such award would be used to--
(A) conduct an assessment of capacity-building and
research infrastructure needs of an eligible
institution;
(B) enhance institutional resources to provide
administrative research development support to faculty
at an eligible institution;
(C) bolster the institutional research
competitiveness of an eligible institution to support
grants awarded by the Foundation;
(D) support the acquisition of instrumentation
necessary to build research capacity at an eligible
institution in research areas directly associated with
the Foundation;
(E) increase capability of an eligible institution
to move technology into the marketplace;
(F) increase engagement with industry to execute
research through the SBIR and STTR programs (as defined
in section 9(e) of the Small Business Act (15 U.S.C.
638(e)) and direct contracts at an eligible
institution;
(G) provide student engagement and research
training opportunities at the undergraduate, graduate,
and postdoctoral levels at an eligible institution;
(H) further faculty development initiatives and
strengthen institutional research training
infrastructure, capacity, and competitiveness of an
eligible institution; or
(I) address plans and prospects for long-term
sustainability of institutional enhancements at an
eligible institution resulting from the award
including, if applicable, how the award may be
leveraged by an eligible institution to build a broader
base of support.
(4) Awards.--Awards made under this subsection shall be for
periods of 3 years, and may be extended for periods of not more
than 5 years.
(5) Authorization of appropriations.--There are authorized
to be appropriated to the Director $200,000,000 for fiscal year
2022 and $250,000,000 for each of fiscal years 2023 through
2026 to carry out the activities in this title.
(k) Chief Diversity Officer of the NSF.--
(1) Chief diversity officer.--
(A) Appointment.--The Director shall appoint a
senior agency official within the Office of the
Director as a Chief Diversity Officer.
(B) Qualifications.--The Chief Diversity Officer
shall have significant experience, within the Federal
Government and the science community, with diversity-
and inclusion-related matters, including--
(i) civil rights compliance;
(ii) harassment policy, reviews, and
investigations;
(iii) equal employment opportunity; and
(iv) disability policy.
(C) Oversight.--The Chief Diversity Officer shall
direct the Office of Diversity and Inclusion of the
Foundation and report directly to the Director in the
performance of the duties of the Chief Diversity
Officer under this subsection.
(2) Duties.--The Chief Diversity Officer is responsible for
providing advice on policy, oversight, guidance, and
coordination with respect to matters of the Foundation related
to diversity and inclusion, including ensuring the geographic
diversity of the Foundation programs. Other duties may
include--
(A) establishing and maintaining a strategic plan
that publicly states a diversity definition, vision,
and goals for the Foundation;
(B) defining a set of strategic metrics that are--
(i) directly linked to key organizational
priorities and goals;
(ii) actionable; and
(iii) actively used to implement the
strategic plan under paragraph (1);
(C) advising in the establishment of a strategic
plan for diverse participation by individuals and
institutions of higher education, including community
colleges, historically Black colleges and universities,
Tribal colleges or universities, minority-serving
institutions, institutions of higher education with an
established STEM capacity building program focused on
traditionally underrepresented populations in STEM,
including Native Hawaiians, Alaska Natives, and
Indians, and institutions from jurisdictions eligible
to participate under section 113 of the National
Science Foundation Authorization Act of 1988 (42 U.S.C.
1862g);
(D) advising in the establishment of a strategic
plan for outreach to, and recruiting from, untapped
locations and underrepresented populations;
(E) advising on a diversity and inclusion strategy
for the Foundation's portfolio of PreK-12 STEM
education focused programs and activities, including
goals for addressing barriers to participation;
(F) advising on the application of the Foundation's
broader impacts review criterion; and
(G) performing such additional duties and exercise
such powers as the Director may prescribe.
(3) Funding.--From any amounts appropriated for the
Foundation for each of fiscal years 2022 through 2026, the
Director shall allocate $5,000,000 to carry out this subsection
for each such year.
(l) Grant Program to Increase the Participation of Women and
Underrepresented Minorities in Stem Fields.--
(1) Program authorized.--The Director of the National
Science Foundation shall award grants to eligible entities, on
a competitive basis, to enable such eligible entities to carry
out the activities described in paragraph (4), in order to
increase the participation of women and underrepresented
minorities in the fields of science, technology, engineering,
and mathematics.
(2) Application.--Each eligible entity that desires to
receive a grant under this subsection shall submit an
application to the National Science Foundation at such time, in
such manner, and containing such information as the Director of
the National Science Foundation may reasonably require.
(3) Authorized activities.--An eligible entity that
receives a grant under this subsection shall use such grant
funds to carry out one or more of the following activities
designed to increase the participation of women or minorities
underrepresented in science and engineering, or both:
(A) Online workshops.
(B) Mentoring programs that partner science,
technology, engineering, or mathematics professionals
with students.
(C) Internships for undergraduate and graduate
students in the fields of science, technology,
engineering, and mathematics.
(D) Conducting outreach programs that provide
elementary school and secondary school students with
opportunities to increase their exposure to the fields
of science, technology, engineering, or mathematics.
(E) Programs to increase the recruitment and
retention of underrepresented faculty.
(F) Such additional programs as the Director of the
National Science Foundation may determine.
(4) Definitions.--In this subsection--
(A) the term ``minority'' means American Indian,
Alaskan Native, Black (not of Hispanic origin),
Hispanic (including persons of Mexican, Puerto Rican,
Cuban, and Central or South American origin), Asian
(including underrepresented subgroups), Native
Hawaiian, Pacific Islander origin subgroup, or other
ethnic group underrepresented in science and
engineering; and
(B) the term ``underrepresented in science and
engineering'' means a minority group whose number of
scientists and engineers per 10,000 population of that
group is substantially below the comparable figure for
scientists and engineers who are White and not of
Hispanic origin, as determined by the Secretary of
Education under section 637.4(b) of title 34, Code of
Federal Regulations.
(5) Authorization of appropriations.--There are authorized
to be appropriated to carry out this subsection $15,000,000 for
each of fiscal years 2023, 2024, 2025, 2026, and 2027.
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.
(2) Chief of research security.--The Director shall appoint
a senior agency official within the Office of the Director as a
Chief of Research Security, whose primary responsibility is to
manage the office established under paragraph (1).
(3) Report to congress.--No later than 180 days after the
date of enactment of this Act, the Director shall provide a
report to the Committee on Science, Space, and Technology of
the House of Representatives, the Committee on Commerce,
Science, and Transportation of the Senate, the Committee on
Appropriations of the House of Representatives, and the
Committee on Appropriations of the Senate on the resources and
the number of full time employees needed to carry out the
functions of the Office established in paragraph (1).
(4) Online resource.--The Director shall develop an online
resource hosted on the Foundation's website containing up-to-
date information, tailored for institutions and individual
researchers, including--
(A) an explanation of Foundation research security
policies;
(B) unclassified guidance on potential security
risks that threaten scientific integrity and other
risks to the research enterprise;
(C) examples of beneficial international
collaborations and how such collaborations differ from
foreign government interference efforts that threaten
research integrity;
(D) promising practices for mitigating security
risks that threaten research integrity; and
(E) additional reference materials, including tools
that assist organizations seeking Foundation funding
and awardees in information disclosure to the
Foundation.
(5) Risk assessment center.--The Director shall enter into
an agreement with a qualified independent organization to
create a new risk assessment center to--
(A) help the Foundation develop the online
resources under paragraph (4); and
(B) help awardees in assessing and identifying
issues related to nondisclosure of current and pending
research funding, risks to the Foundation merit review
process, and other issues that may negatively affect
the Foundation proposal and award process due to undue
foreign interference.
(6) Research grants.--The Director shall continue to award
grants, on a competitive basis, to institutions of higher
education or non-profit organizations (or consortia of such
institutions or organizations) to support research on the
conduct of research and the research environment, including
research on research misconduct or breaches of research
integrity and detrimental research practices.
(7) Authorities.--
(A) In general.--In addition to existing
authorities for preventing waste, fraud, abuse, and
mismanagement of federal funds, the Director, acting
through the Office of Research Security and Policy and
in coordination with the Foundation's Office of
Inspector General, shall have the authority to--
(i) conduct risk assessments, including
through the use of open-source analysis and
analytical tools, of research and development
award applications and disclosures to the
Foundation, in coordination with the Risk
Assessment Center established in paragraph (5);
(ii) request the submission to the
Foundation, by an institution of higher
education or other organization applying for a
research and development award, of supporting
documentation, including copies of contracts,
grants, or any other agreement specific to
foreign appointments, employment with a foreign
institution, participation in a foreign talent
program and other information reported as
current and pending support for all covered
individuals in a research and development award
application; and
(iii) upon receipt and review of the
information provided under clause (ii) and in
consultation with the institution of higher
education or other organization submitting such
information, initiate the substitution or
removal of a covered individual from a research
and development award, reduce the award funding
amount, or suspend or terminate the award if
the Director determines such contracts, grants,
or agreements include obligations that--
(I) interfere with the capacity for
Foundation-supported activities to be
carried out; or
(II) create duplication with
Foundation-supported activities.
(B) Limitations.--In exercising the authorities
under this paragraph, the Director shall--
(i) take necessary steps, as practicable,
to protect the privacy of all covered
individuals and other parties involved in the
application and disclosure assessments under
clause (A)(i);
(ii) endeavor to provide justification for
requests for supporting documentation made
under clause (A)(ii);
(iii) require that allegations be proven by
a preponderance of evidence; and
(iv) as practicable, afford subjects an
opportunity to provide comments and rebuttal
and an opportunity to appeal before final
administrative action is taken.
(8) Malign foreign talent recruitment program
prohibition.--
(A) In general.--Not later than 12 months after the
date of enactment of this Act, the Director shall
establish a requirement that, as part of an application
for a research and development award from the agency--
(i) each covered individual listed on the
application for a research and development
award certify that they are not an active
participant of a malign foreign talent
recruitment program from a foreign country of
concern and will not be a participant in such a
program for the duration of the award; and
(ii) each institution of higher education
or other organization applying for such an
award certify that each covered individual who
is employed by the institution of higher
education or other organization has been made
aware of the requirement under this subsection.
(B) International collaboration.--Each policy
developed under subparagraph (A) shall not prohibit--
(i) making scholarly presentations
regarding scientific information not otherwise
controlled under current law;
(ii) participation in international
conferences or other international exchanges,
partnerships or programs that involve open and
reciprocal exchange of scientific information,
and which are aimed at advancing international
scientific understanding; and
(iii) other international activities deemed
appropriate by the Director.
(C) Limitation.--The policy developed under
subparagraph (A) shall not apply retroactively to
research and development awards made prior to the
establishment of the policy by the Director.
(9) Security training modules.--
(A) In general.--Not later than 90 days after the
date of enactment of this Act, the Director, in
collaboration with the Director of the National
Institutes of Health and other relevant Federal
research agencies, shall enter into an agreement or
contract with a qualified entity for the development of
online research security training modules for the
research community, including modules focused on
international collaboration and international travel,
foreign interference, and rules for proper use of
funds, disclosure, conflict of commitment, and conflict
of interest.
(B) Stakeholder input.--Prior to entering into the
agreement under clause (A), the Director shall seek
input from academic, private sector, intelligence, and
law enforcement stakeholders regarding the scope and
content of training modules, including the diversity of
needs across institutions of higher education and other
grantees of different sizes and types, and
recommendations for minimizing administrative burden on
institutions of higher education and researchers.
(C) Development.--The Director shall ensure that
the entity identified in (A)--
(i) develops modules that can be adapted
and utilized across Federal research agencies;
and
(ii) develops and implements a plan for
regularly updating the modules as needed.
(D) Guidelines.--The Director, in collaboration
with the Director of the National Institutes of Health,
shall develop guidelines for institutions of higher
education and other organizations receiving Federal
research and development funds to use in developing
their own training programs to address the unique
needs, challenges, and risk profiles of such
institutions, including adoption of training modules
developed under this paragraph.
(E) Implementation.--Drawing on stakeholder input
under subparagraph (B), not later than 12 months after
the date of enactment of this Act, the Director shall
establish a requirement that, as part of an application
for a research and development award from the
Foundation--
(i) each covered individual listed on the
application for a research and development
award certify that they have completed research
security training that meets the guidelines
developed under clause (D) within one year of
the application; and
(ii) each institution of higher education
or other organization applying for such award
certify that each covered individual who is
employed by the institution or organization and
listed on the application has been made aware
of the requirement under this subparagraph.
(10) Responsible conduct in research training.--Section
7009 of the America Creating Opportunities to Meaningfully
Promote Excellence in Technology, Education, and Science Act
(42 U.S.C. 1862o-1) is amended by--
(A) striking ``and postdoctoral researchers'' and
inserting ``postdoctoral researchers, faculty, and
other senior personnel''; and
(B) by inserting before the period at the end the
following ``, including mentor training''.
(11) National academies guide to responsible conduct in
research.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, the Director shall enter
into an agreement with the Academies to update the
report entitled ``On Being a Scientist: A Guide to
Responsible Conduct in Research'' issued by the
Academies. The report, as so updated, shall include--
(i) updated professional standards of
conduct in research;
(ii) promising practices for preventing,
addressing, and mitigating the negative impact
of harassment, including sexual harassment and
gender harassment as defined in the 2018
Academies report entitled ``Sexual Harassment
of Women: Climate, Culture, and Consequences in
Academic Sciences, Engineering, and Medicine'';
and
(iii) promising practices for mitigating
potential security risks that threaten research
integrity.
(B) Report.--Not later than 18 months after the
effective date of the agreement under subparagraph (A),
the Academies, as part of such agreement, shall submit
to the Director and the Committee on Science, Space,
and Technology of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate the report referred to in such subparagraph,
as updated pursuant to such subparagraph.
(e) Research Ethics.--
(1) Sense of congress.--It is the sense of Congress that--
(A) a number of emerging areas of research have
potential ethical, social, safety, and security
implications that might be apparent as early as the
basic research stage;
(B) the incorporation of ethical, social, safety,
and security considerations into the research design
and review process for Federal awards, may help
mitigate potential harms before they happen;
(C) the Foundation's agreement with the Academies
to conduct a study and make recommendations with
respect to governance of research in emerging
technologies is a positive step toward accomplishing
this goal; and
(D) the Foundation should continue to work with
stakeholders to understand and adopt policies that
promote best practices for governance of research in
emerging technologies at every stage of research.
(2) Ethics statements.--Drawing on stakeholder input, not
later than 18 months after the date of enactment of this Act,
the Director shall amend award proposal instructions to include
a requirement for an ethics statement to be included as part of
any proposal for funding prior to making the award. Such
statement shall be considered by the Director in the review of
proposals, taking into consideration any relevant input from
the peer-reviewers for the proposal, and shall factor into
award decisions as deemed necessary by the Director. Such
statements may include, as appropriate--
(A) any foreseeable or quantifiable risks to
society, including how the research could enable
products, technologies, or other outcomes that could
intentionally or unintentionally cause significant
societal harm;
(B) how technical or social solutions can mitigate
such risks and, as appropriate, a plan to implement
such mitigation measures; and
(C) how partnerships and collaborations in the
research can help mitigate potential harm and amplify
potential societal benefits.
(3) Guidance.--The Director shall solicit stakeholder input
to develop clear guidance on what constitutes a foreseeable or
quantifiable risk as described in paragraph (2)(A), and to the
extent practicable harmonize this policy with existing ethical
policies or related requirements for human subjects.
(4) Research.--The Director shall award grants, on a
competitive basis, to institutions of higher education or non-
profit organizations (or consortia of such institutions or
organizations) to support--
(A) research to assess the potential ethical and
societal implications of Foundation-supported research
and products or technologies enabled by such research,
including the benefits and risks identified pursuant to
paragraph (2)(A); and
(B) the development and verification of approaches
to proactively mitigate foreseeable risks to society,
including the technical and social solutions identified
pursuant to paragraph (2)(B).
(5) Annual report.--The Director shall encourage awardees
to update their ethics statements as appropriate as part of the
annual reports required by all awardees under the award terms
and conditions.
(f) Research Reproducibility and Replicability.--Consistent with
existing Federal law for privacy, intellectual property, and security,
the Director shall facilitate the public access to research products,
including data, software, and code, developed as part of Foundation-
supported projects.
(1) Data management plans.--
(A) The Director shall require that every proposal
for funding for research include a machine-readable
data management plan that includes a description of how
the awardee will archive and preserve public access to
data, software, and code developed as part of the
proposed project.
(B) In carrying out the requirement in subparagraph
(A), the Director shall--
(i) provide necessary resources, including
trainings and workshops, to educate researchers
and students on how to develop and review high
quality data management plans;
(ii) ensure program officers and merit
review panels are equipped with the resources
and training necessary to review the quality of
data management plans; and
(iii) ensure program officers and merit
review panels treat data management plans as
essential elements of grant proposals, where
appropriate.
(2) Open repositories.--The Director shall--
(A) coordinate with the heads of other Federal
research agencies, and solicit input from the
scientific community, to develop and widely disseminate
a set of criteria for trusted open repositories,
accounting for discipline-specific needs and necessary
protections for sensitive information, to be used by
federally funded researchers for the sharing of data,
software, and code;
(B) work with stakeholders to identify significant
gaps in available repositories meeting the criteria
developed under subparagraph (A) and options for
supporting the development of additional or enhanced
repositories;
(C) award grants on a competitive basis to
institutions of higher education or non-profit
organizations (or consortia of such institutions or
organizations) for the development, upgrades, and
maintenance of open data repositories that meet the
criteria developed under subparagraph (A);
(D) work with stakeholders and build on existing
models, where appropriate, to establish a single,
public, web-based point of access to help users locate
repositories storing data, software, and code resulting
from or used in Foundation-supported projects;
(E) work with stakeholders to establish the
necessary policies and procedures and allocate the
necessary resources to ensure, as practicable, data
underlying published findings resulting from
Foundation-supported projects are deposited in
repositories meeting the criteria developed under
subparagraph (A) at the time of publication;
(F) incentivize the deposition of data, software,
and code into repositories that meet the criteria
developed under subparagraph (A); and
(G) coordinate with the scientific publishing
community to develop uniform consensus standards around
data archiving and sharing.
(3) Research, development, and education.--The Director
shall award grants, on a competitive basis to institutions of
higher education or non-profit organizations (or consortia of
such institutions or organizations) to--
(A) support research and development of open
source, sustainable, usable tools and infrastructure
that support reproducibility for a broad range of
studies across different disciplines;
(B) support research on computational
reproducibility, including the limits of
reproducibility and the consistency of computational
results in the development of new computation hardware,
tools, and methods; and
(C) support the education and training of students,
faculty, and researchers on computational methods,
tools, and techniques to improve the quality and
sharing of data, code, and supporting metadata to
produce reproducible research.
(g) Climate Change Research.--
(1) In general.--The Director shall award grants, on a
competitive basis, to institutions of higher education or non-
profit organizations (or consortia of such institutions or
organizations) to support research to improve our understanding
of the climate system and related human and environmental
systems.
(2) Use of funds.--Activities funded by a grant under this
subsection may include--
(A) fundamental research on climate forcings,
feedbacks, responses, and thresholds in the earth
system, including impacts on and contributions from
local and regional systems;
(B) research on climate-related human behaviors and
institutions;
(C) research on climate-related risk,
vulnerability, resilience, and adaptive capacity of
coupled human-environment systems, including risks to
ecosystem stability and risks to vulnerable
populations;
(D) research to support the development and
implementation of effective strategies and tools for
mitigating and adapting to climate change, including
social strategies and research focused on local level
forecasting, impacts, and challenges;
(E) research on the design, development, and
assessment of effective information and decision-
support systems, including understanding and developing
effective dissemination pathways;
(F) improved modeling, projections, analyses, and
assessments of climate and other Earth system changes;
(G) research to understand the atmospheric
processes related to solar radiation management
strategies and technologies and examine related
economic, geopolitical, societal, environmental, and
ethical implications, not including research designed
to advance future deployment of these strategies and
technologies;
(H) the development of effective strategies for
educating and training future climate change
researchers, and climate change response and mitigation
professionals, in both research and development
methods, as well as community engagement and science
communication;
(I) the development of effective strategies for
public and community engagement in the all stages of
the research and development process; and
(J) partnerships with other agencies to address
climate related challenges for specific agency
missions.
(h) Violence Research.--
(1) In general.--The Director shall award grants, on a
competitive basis, to institutions of higher education or non-
profit organizations (or consortia of such institutions or
organizations) to support research to improve our understanding
of the nature, scope, causes, consequences, prevention, and
response to all forms of violence.
(2) Use of funds.--Activities funded by a grant under this
subsection may include--
(A) research on the magnitude and distribution of
fatal and nonfatal violence;
(B) research on risk and protective factors;
(C) research on the design, development,
implementation, and evaluation of interventions for
preventing and responding to violence;
(D) research on scaling up effective interventions;
and
(E) one or more interdisciplinary research centers
to conduct violence research, foster new and expanded
collaborations, and support capacity building
activities to increase the number and diversity of new
researchers trained in cross-disciplinary violence
research.
(i) Social, Behavioral, and Economic Sciences.--The Director
shall--
(1) actively communicate opportunities and solicit
proposals for social, behavioral, and economic science
researchers to participate in cross-cutting and
interdisciplinary programs, including the Convergence
Accelerator and agency priority activities, and the Mid-Scale
Research Infrastructure program; and
(2) ensure social, behavioral, and economic science
researchers are represented on relevant merit review panels for
such activities.
(j) Measuring Impacts of Federally Funded R&D.--The Director shall
award grants on a competitive, merit-reviewed basis to institutions of
higher education or non-profit organizations (or consortia of such
institutions or organizations) to support research and development of
data, models, indicators, and associated analytical tools to improve
our understanding of the impacts of Federally funded research on
society, the economy, and the workforce, including domestic job
creation.
(k) Food-Energy-Water Research.--The Director shall award grants on
a competitive basis to institutions of higher education or non-profit
organizations (or consortia of such institutions or organizations) to--
(1) support research to significantly advance our
understanding of the food-energy-water system through
quantitative and computational modeling, including support for
relevant cyberinfrastructure;
(2) develop real-time, cyber-enabled interfaces that
improve understanding of the behavior of food-energy-water
systems and increase decision support capability;
(3) support research that will lead to innovative solutions
to critical food-energy-water system problems; and
(4) grow the scientific workforce capable of studying and
managing the food-energy-water system, through education and
other professional development.
(l) Biological Field Stations and Marine Laboratories.--The
Director shall continue to support enhancing, repairing and maintaining
research instrumentation, laboratories, telecommunications and housing
at biological field stations and marine laboratories.
(m) Sustainable Chemistry Research and Education.--In accordance
with section 263 of the National Defense Authorization Act for Fiscal
Year 2021, the Director shall carry out activities in support of
sustainable chemistry, including--
(1) establishing a program to award grants, on a
competitive basis, to institutions of higher education or non-
profit organizations (or consortia of such institutions or
organizations) to support--
(A) individual investigators and teams of
investigators, including to the extent practicable,
early career investigators for research and
development;
(B) collaborative research and development
partnerships among universities, industry, and non-
profit organizations; and
(C) integrating sustainable chemistry principles
into elementary, secondary, undergraduate, and graduate
chemistry and chemical engineering curriculum and
research training, as appropriate to that level of
education and training; and
(2) incorporating sustainable chemistry into existing
Foundation research and development programs.
(n) Risk and Resilience Research.--The Director shall award grants
on a competitive basis to institutions of higher education or non-
profit organizations (or consortia of such institutions or
organizations) to advance knowledge of risk assessment and
predictability and to support the creation of tools and technologies,
including advancing data analytics and utilization of artificial
intelligence, for increased resilience through--
(1) improvements in our ability to understand, model, and
predict extreme events and natural hazards, including
pandemics;
(2) the creation of novel engineered systems solutions for
resilient complex infrastructures, particularly those that
address critical interdependence among infrastructures and
leverage the growing infusion of cyber-physical-social
components into the infrastructures;
(3) development of equipment and instrumentation for
innovation in resilient engineered infrastructures;
(4) multidisciplinary research on the behaviors individuals
and communities engage in to detect, perceive, understand,
predict, assess, mitigate, and prevent risks and to improve and
increase resilience; and
(5) advancements in multidisciplinary wildfire science,
including those related to air quality impacts, human behavior,
and early detection and warning.
(o) UAV Technologies.--The Director shall carry out a program of
research and related activities for unmanned aerial vehicle
technologies, which may include a prize competition pursuant to section
24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3719) and support for undergraduate and graduate curriculum
development.
(p) Leveraging International Expertise in Research.--The Director
shall explore and advance opportunities for leveraging international
capabilities and resources that align with the Foundation and United
States research community priorities and have the potential to benefit
United States prosperity, security, health, and well-being, including
through binational research and development organizations and
foundations and by sending teams of Foundation scientific staff for
site visits of scientific facilities and agencies in other countries.
(q) Biological Research Collections.--
(1) In general.--The Director shall continue to support
databases, tools, methods, and other activities that secure and
improve existing physical and digital biological research
collections, improve the accessibility of collections and
collection-related data for research and educational purposes,
develop capacity for curation and collection management, and to
transfer ownership of collections that are significant to the
biological research community, including to museums and
universities.
(2) Specimen management plan.--In consultation with other
relevant Federal research agencies, the Director shall require
that every proposal for funding for research that involves
collecting or generating specimens include a specimen
management plan that includes a description of how the
specimens and associated data will be accessioned into and
permanently maintained in an established biological collection.
(3) Action center for biological collections.--The Director
shall award grants on a competitive basis to institutions of
higher education or non-profit organizations (or consortia of
such institutions or organizations) to establish an Action
Center for Biological Collections to facilitate coordination
and data sharing among communities of practice for research,
education, workforce training, evaluation, and business model
development.
(r) Clean Water Research and Technology Acceleration.--The Director
shall award grants on a competitive, merit-reviewed basis to
institutions of higher education or non-profit organizations (or
consortia of such institutions or organizations) to--
(1) support transdisciplinary research to significantly
advance our understanding of water availability, quality, and
dynamics and the impact of human activity and a changing
climate on urban and rural water and wastewater systems,
including in low-income, underserved, and disadvantaged
communities;
(2) develop, pilot and deploy innovative technologies,
systems, and other approaches to identifying and addressing
challenges that affect water availability, quality, and
security, including through direct engagement with affected
communities and partnerships with the private sector, State,
territorial, tribal, and local governments, non-profit
organizations and water management professionals; and
(3) grow the scientific workforce capable of studying and
managing water and wastewater systems, through education,
training, and other professional development.
(s) Technology and Behavioral Science Research.--The Director shall
award grants on a merit-based, competitive basis for research to--
(1) increase understanding of social media and consumer
technology access and use patterns and related psychological
and behavioral issues, particularly for adolescents; and
(2) explore the role of social media and consumer
technology in rising rates of depressive symptoms, suicidal
ideation, drug use, and deaths of despair, particularly for
communities experiencing long-term economic distress.
(t) Manufacturing Research Amendment.--Section 506(a) of the
America COMPETES Reauthorization Act of 2010 (42 U.S.C. 1862p-1(a)) is
amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) in paragraph (6)--
(A) by striking ``and'' before ``virtual
manufacturing''; and
(B) by striking the period at the end and inserting
``; and artificial intelligence and machine
learning;''; and
(3) by adding at the end the following:
``(7) additive manufacturing, including new material
designs, complex materials, rapid printing techniques, and
real-time process controls; and
``(8) continuous manufacturing of biological products and
similar innovative monitoring and control techniques.''.
(u) Critical Minerals Mining Research and Development.--
(1) In general.--The Director shall award grants, on a
competitive basis, to institutions of higher education or
nonprofit organizations (or consortium of such institutions or
organizations) to support basic research that will accelerate
innovation to advance critical minerals mining strategies and
technologies for the purpose of making better use of domestic
resources and eliminating national reliance on minerals and
mineral materials that are subject to supply disruptions.
(2) Use of funds.--Activities funded by a grant under this
subsection may include--
(A) advancing mining research and development
activities to develop new mapping and mining
technologies and techniques, including advanced
critical mineral extraction, production, separation,
alloying, or processing techniques and technologies
that can decrease energy intensity, potential
environmental impact and costs of those activities;
(B) conducting long-term Earth observation of
reclaimed mine sites, including the study of the
evolution of microbial diversity at such sites;
(C) examining the application of artificial
intelligence for geological exploration of critical
minerals, including what the size and diversity of data
sets would be required;
(D) examining the application of machine learning
for detection and sorting of critical minerals,
including what the size and diversity of data sets
would be required;
(E) conducting detailed isotope studies of critical
minerals and the development of more refined geologic
models;
(F) improved understanding of the geological and
geochemical processes through which critical minerals
form and are concentrated into economically viable
deposits; or
(G) providing training and researcher opportunities
to undergraduate and graduate students to prepare the
next generation of mining engineers and researchers.
(3) Existing programs.--The Director shall ensure awards
made under this subsection are complementary and not
duplicative of existing programs across the foundation and
Federal Government.
(v) Study of AI Research Capacity.--
(1) In general.--The Director shall conduct a study, or
support the development of a study through the Science and
Technology Policy Institute or by any other appropriate
organization as determined by the Director, on artificial
intelligence research capacity at U.S. institutions of higher
education.
(2) Study contents.--The Director shall ensure that, at a
minimum, the study under subsection (a) addresses the following
topics:
(A) Which universities are putting out significant
peer-reviewed artificial intelligence research,
including based on quantity and number of citations.
(B) For each of the universities described in
paragraph (1), what specific factors enable their AI
research, including computing power, data sets and
availability, specialized curriculum, and industry and
other partnerships.
(C) Promising practices at universities described
in paragraph (1) for advancing diversity, equity, and
inclusion in AI research programs.
(D) How universities not included in paragraph (1)
could implement the factors in paragraph (2) to produce
AI research, as well as case studies that universities
can look to as examples and potential pilot programs
that the Federal Government could develop or support to
help universities produce AI research.
(3) Workshops.--The Director may support workshops to help
inform the study required under this subsection.
(4) Publication.--The Director shall ensure that the study
carried out under this subsection is made publicly available
not later than 12 months after the date of enactment of this
Act.
(w) Advancing IoT for Precision Agriculture.--
(1) National science foundation directive on agricultural
sensor research.--In awarding grants under its sensor systems
and networked systems programs, and in consultation with the
Secretary of Agriculture, the Director shall include in
consideration of portfolio balance research and development on
sensor connectivity in environments of intermittent
connectivity and intermittent computation--
(A) to improve the reliable use of advance sensing
systems in rural and agricultural areas; and
(B) that considers--
(i) direct gateway access for locally
stored data;
(ii) attenuation of signal transmission;
(iii) loss of signal transmission; and
(iv) at-scale performance for wireless
power.
(2) Updating considerations for precision agriculture
technology within the nsf advanced technical education
program.--Section 3 of the Scientific and Advanced-Technology
Act of 1992 (42 U.S.C. 1862i) is amended in subsection (e)(3)--
(A) in subparagraph (C), by striking ``and'' after
the semicolon;
(B) in subparagraph (D), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(E) applications that incorporate distance
learning tools and approaches.''.
(3) GAO review.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General of the United
States shall provide--
(A) a technology assessment of precision
agriculture technologies, such as the existing use of--
(i) sensors, scanners, radio-frequency
identification, and related technologies that
can monitor soil properties, irrigation
conditions, and plant physiology;
(ii) sensors, scanners, radio-frequency
identification, and related technologies that
can monitor livestock activity and health;
(iii) network connectivity and wireless
communications that can securely support
digital agriculture technologies in rural and
remote areas;
(iv) aerial imagery generated by satellites
or unmanned aerial vehicles;
(v) ground-based robotics;
(vi) control systems design and
connectivity, such as smart irrigation control
systems;
(vii) Global Positioning System-based
applications; and
(viii) data management software and
advanced analytics that can assist decision
making and improve agricultural outcomes; and
(B) a review of Federal programs that provide
support for precision agriculture research,
development, adoption, education, or training, in
existence on the date of enactment of this Act.
(x) Astronomy and Satellite Constellations.--The Director shall
support research into and the design, development, and testing of
mitigation measures to address the impact of satellite constellations
on Foundation scientific programs by--
(1) awarding grants on a competitive basis to support
investigations into the impacts of satellite constellations on
ground-based optical, infrared, and radio astronomy, including
through existing programs such Spectrum and Wireless Innovation
enabled by Future Technologies (SWIFT) and the Spectrum
Innovation Initiative;
(2) supporting research on satellite impacts and benefits
and mitigation strategies to be carried out at one or more
Foundation supported Federally Funded Research and Development
Centers or large facilities, as appropriate; and
(3) supporting workshops related to the impact of satellite
constellations on scientific research and how those
constellations could be used to improve scientific research.
(y) GAO Technology Assessment to Address the Opioid Epidemic.--
(1) In general.--The Comptroller General of the United
States shall conduct a technology assessment on the use of
current and emerging predictive analytic tools and technologies
to address the opioid epidemic. Such assessment shall address
the following:
(A) The prevention of deaths occurring from
overdoses of opioid drugs.
(B) The improvement of Federal, State, and local
government responses to the opioid epidemic and the
quality of interventions, treatments, and resources for
opioid use disorder.
(C) The identification of challenges and risks
related to the use of predictive analytic tools and
technologies.
(2) Recommendations.--Not later than 1 year after the date
of the enactment of this Act, the Comptroller General of the
United States shall submit to Congress recommendations based on
the findings of the technology assessment conducted under
paragraph (1). Not later than 180 days after such date of
enactment, the Comptroller General shall provide a briefing to
Congress on the progress of such recommendations.
(3) Definitions.--In this subsection:
(A) Opioid drug.--The term ``opioid drug'' means a
class of drugs that contains an opioid and includes
heroin, synthetic opioids (including fentanyl), and
prescription pain relievers.
(B) Opioid epidemic.--The term ``opioid epidemic''
means the misuse of and addiction to opioid drugs.
(z) National Science Foundation Study on Inflation.--
(1) In general.--Not later than 45 days after the date of
enactment of this Act, the Director shall commission a study
to--
(A) measure the economic impact of inflation on the
American people, including an analysis of cost-of-
living impacts;
(B) assess how the increase in inflation has harmed
the American workforce through decreased, less valuable
wages;
(C) consider the impact of inflation on American
international competitiveness, particularly as it
relates to offshoring jobs in the manufacturing
industry;
(D) evaluate the impact of inflation on rural and
underserved communities throughout the country;
(E) assess the ways inflation at its current
trajectory could impact future American generations;
and
(F) make recommendations to Congress on the impact
of further government spending in regards to inflation.
(2) Funding.--Of the funds authorized to carry out this
section, $1,000,000 shall be used to carry out the study under
paragraph (1).
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
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-profit entities, labor
organizations, Federal or State agencies, and
international entities, as appropriate;
(C) ensuring that the activities carried out under
this section are not duplicative of activities
supported by other parts of the Foundation or other
relevant Federal agencies;
(D) approving all new programs within the
Directorate;
(E) developing and testing diverse merit-review
models and mechanisms for selecting and providing
awards for use-inspired and translational research and
development at different scales, from individual
investigator awards to large multi-institution
collaborations;
(F) assessing the success of programs;
(G) administering awards to achieve the purposes
described in subsection (b); and
(H) performing other such duties pertaining to the
purposes in subsection (b) as are required by the
Director.
(5) Relationship to the director.--The Assistant Director
shall report to the Director.
(6) Relationship to other programs.--No other directorate
within the Foundation shall report to the Assistant Director.
(e) Advisory Committee.--
(1) In general.--In accordance with the Federal Advisory
Committee Act (5 U.S.C. App.) the Director shall establish an
advisory committee to assess, and make recommendations
regarding, the activities carried out under this section.
(2) Membership.--The advisory committee members shall--
(A) be individuals with relevant experience or
expertise, including individuals from industry and
national labs, educators, academic subject matter
experts, including individuals with knowledge of the
technical and social dimensions of science and
technology, technology transfer experts, labor
organizations, and representatives of civil society,
community organizations, and other nongovernmental
organizations; and
(B) consist of at least 10 members broadly
representative of stakeholders, including no less than
3 members from the private sector, none of whom shall
be an employee of the Federal Government.
(3) Responsibilities.--The Committee shall be responsible
for--
(A) reviewing and evaluating activities carried out
under this section; and
(B) assessing the success of the Directorate in and
proposing new strategies for fulfilling the purposes in
subsection (b).
(f) Existing Programs.--The Convergence Accelerator, the Growing
Convergence Research Big Idea, and any other program, at the discretion
of the Director, may be managed by the Directorate.
(g) Focus Areas.--In consultation with the Assistant Director, the
Board, and other Federal agencies and taking into account advice under
subsection (e), the Director shall identify, and regularly update, up
to 5 focus areas to guide activities under this section. In selecting
such focus areas, the Director shall consider the following societal
challenges:
(1) Climate change and environmental sustainability.
(2) Global competitiveness and domestic job creation in
critical technologies.
(3) Cybersecurity.
(4) National security.
(5) STEM education and workforce.
(6) Social and economic inequality.
(h) Eligibility.--Recipients of funds under this section may
include institutions of higher education, research institutions, non-
profit organizations, private sector entities, consortia, or other
entities, as defined by the Director.
(i) Technology Research Institutes.--
(1) In general.--The Director may award grants and
cooperative agreements to institutions of higher education, or
consortia thereof, for the planning, establishment, and support
of Technology Research Institutes in key technology areas, as
determined by the Director.
(2) Uses of funds.--Funds awarded under this section may be
used by a Technology Research Institute to--
(A) conduct fundamental research to advance
innovation in a key technology;
(B) conduct research involving a key technology to
solve challenges with social, economic, health,
scientific, and national security implications;
(C) further the development, adoption, and
commercialization of innovations in key technology
focus areas, including through partnership with other
Federal agencies and Federal laboratories, industry,
including startup companies, labor organizations, civil
society organizations, and State, territorial, local,
and Tribal governments;
(D) develop and manage multi-user research testbeds
and instrumentation for key technologies;
(E) develop and manage an accessible repository, as
appropriate, for research data and computational models
relevant to the relevant key technology field,
consistent with applicable privacy and intellectual
property laws;
(F) convene national workshops for researchers and
other stakeholders in that technology area;
(G) establish traineeship programs for graduate
students who pursue research related to the technology
leading to a masters or doctorate degree by providing
funding and other assistance, and by providing graduate
students opportunities for research experiences in
government or industry related to the students' studies
in that technology area;
(H) engage in outreach and engagement to broaden
participation in technology research and education; and
(I) support such other activities that the Director
determines appropriate.
(3) Considerations.--In making awards under this section,
the Director may consider the extent to which the activities
proposed--
(A) have the potential to create an innovation
ecosystem, or enhance existing ecosystems, to translate
Technology Research Institute research into
applications and products, as appropriate to the topic
of each Institute;
(B) support transdisciplinary research and
development across multiple institutions of higher
education and organizations;
(C) support transdisciplinary education activities,
including curriculum development, research experiences,
and faculty professional development across
undergraduate, graduate, and professional academic
programs;
(D) involve partnerships with multiple types of
institutions, including emerging research institutions,
historically Black colleges and universities, Tribal
Colleges or Universities, and minority serving
institutions, and with other Federal agencies, Federal
laboratories, industry, State, territorial, local, and
Tribal governments, labor organizations, civil society
organizations, and other entities that may use or be
affected by the technology; and
(E) include a component that addresses the ethical,
societal, safety, and security implications relevant to
the application of the technology.
(4) Duration.--
(A) Initial period.--An award under this section
shall be for an initial period of 5 years.
(B) Renewal.--An established Technology Institute
may apply for, and the Director may grant, extended
funding for periods of 5 years on a merit-reviewed
basis.
(5) Application.--An institution of higher education or
consortia thereof seeking financial assistance under this
section shall submit to the Director an application at such
time, in such manner, and containing such information as the
Director may require.
(6) Competitive, merit-review.--In making awards under the
section, the Director shall--
(A) use a competitive, merit review process that
includes peer review by a diverse group of individuals
with relevant expertise from both the private and
public sectors; and
(B) ensure the focus areas of the Institute do not
substantially and unnecessarily duplicate the efforts
of any other Technology Research Institute or any other
similar effort at another Federal agency.
(7) Collaboration.--In making awards under this section,
the Director may collaborate with Federal departments and
agencies whose missions contribute to or are affected by the
technology focus area of the institute.
(j) Planning and Capacity Building Grants.--Section 602 of the
American Innovation and Competitiveness Act (42 U.S.C. 1862s-9) is
amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d), the following:
``(e) Planning and Capacity Building Grants.--
``(1) In general.--Under the program established in section
508 of the America COMPETES Reauthorization Act of 2010 (42
U.S.C. 1862p-2) and the activities authorized under this
section, the Director shall award grants to eligible entities
for planning and capacity building at institutions of higher
education.
``(2) Eligible entity defined.--In this subsection, the
term `eligible entity' means an institution of higher education
(or a consortium of such institutions) that, according to the
data published by the National Center for Science and
Engineering Statistics, is not, on average, among the top 100
institutions in Federal R&D expenditures during the 3 year
period prior to the year of the award.
``(3) Use of funds.--In addition to activities listed under
subsection (c), an eligible entity receiving a grant under this
subsection may use funds to--
``(A) ensure the availability of staff, including
technology transfer professionals, entrepreneurs in
residence, and other mentors as required to accomplish
the purpose of this subsection;
``(B) revise institution policies, including
policies related to intellectual property and faculty
entrepreneurship, and taking other necessary steps to
implement relevant best practices for academic
technology transfer;
``(C) develop new local and regional partnerships
among institutions of higher education and between
institutions of higher education and private sector
entities and other relevant organizations with the
purpose of building networks, expertise, and other
capacity to identify promising research that may have
potential market value and enable researchers to pursue
further development and transfer of their ideas into
possible commercial or other use;
``(D) develop seminars, courses, and other
educational opportunities for students, post-doctoral
researchers, faculty, and other relevant staff at
institutions of higher education to increase awareness
and understanding of entrepreneurship, patenting,
business planning, and other areas relevant to
technology transfer, and connect students and
researchers to relevant resources, including mentors in
the private sector; and
``(E) create and fund competitions to allow
entrepreneurial students and faculty to illustrate the
commercialization potential of their ideas.
``(4) Minimum duration and size of award.--Grants awarded
under this subsection shall be at least 3 years in duration and
$500,000 in total amount.
``(5) Application.--An eligible entity seeking funding
under this subsection shall submit an application to the
Director of the Foundation at such time, in such manner, and
containing such information and assurances as such Director may
require. The application shall include, at a minimum, a
description of how the eligible entity submitting an
application plans to sustain the proposed activities beyond the
duration of the grant.
``(6) Authorization of appropriations.--From within funds
authorized for the Directorate for Science and Engineering
Solutions, there are authorized to carry out the activities
under this subsection $40 million for each of fiscal years 2022
through 2026.''.
(k) Entrepreneurial Fellowships.--
(1) In general.--The Director shall award fellowships to
Ph.D.-trained scientists and engineers to help develop leaders
capable of maturing promising ideas and technologies from lab
to market and forge connections between academic research and
government, industry, and finance.
(2) Applications.--An applicant for a fellowship under this
subsection shall submit to the Director an application at such
time, in such manner, and containing such information as the
Director may require. At a minimum, the Director shall require
that applicants--
(A) have completed a doctoral degree in a STEM
field no more than 5 years prior to the date of the
application; and
(B) have included in the application a letter of
support from the intended host institution that
describes how the fellow will be embedded in that
institution's research environment.
(3) Outreach.--The Director shall conduct program outreach
to recruit fellowship applicants--
(A) from diverse research institutions;
(B) from all regions of the country; and
(C) from groups historically underrepresented in
STEM fields;
(4) The Director may enter into an agreement with a third-
party entity to administer the fellowships, subject to the
provisions of this subsection.
(5) Authorization of appropriations.--There is authorized
to be appropriated to the Director $100,000,000 for fiscal
years 2022 through 2026, to carry out the activities outlined
in this subsection.
(l) Low-Income Scholarship Program.--
(1) In general.--The Director shall award scholarships to
low-income individuals to enable such individuals to pursue
associate, undergraduate, or graduate level degrees in
mathematics, engineering, or computer science.
(2) Eligibility.--
(A) In general.--To be eligible to receive a
scholarship under this section, an individual--
(i) must be a citizen of the United States,
a national of the United States (as defined in
section 1101(a) of title 8), an alien admitted
as a refugee under section 1157 of title 8, or
an alien lawfully admitted to the United States
for permanent residence;
(ii) shall prepare and submit to the
Director an application at such time, in such
manner, and containing such information as the
Director may require; and
(iii) shall certify to the Director that
the individual intends to use amounts received
under the scholarship to enroll or continue
enrollment at an institution of higher
education (as defined in section 1001(a) of
title 20) in order to pursue an associate,
undergraduate, or graduate level degree in
mathematics, engineering, computer science, or
other technology and science programs
designated by the Director.
(B) Ability.--Awards of scholarships under this
section shall be made by the Director solely on the
basis of the ability of the applicant, except that in
any case in which 2 or more applicants for scholarships
are deemed by the Director to be possessed of
substantially equal ability, and there are not
sufficient scholarships available to grant one to each
of such applicants, the available scholarship or
scholarships shall be awarded to the applicants in a
manner that will tend to result in a geographically
wide distribution throughout the United States of
recipients' places of permanent residence.
(3) Scholarship amount and renewal.--The amount of a
scholarship awarded under this section shall be determined by
the Director. The Director may renew scholarships for up to 5
years.
(4) Authorization.--Of amounts authorized for the
Directorate for Science and Engineering Solutions, $100,000,000
shall be authorized for this program.
(m) Authorities.--In addition to existing authorities available to
the Foundation, the Director may exercise the following authorities in
carrying out the activities under this section:
(1) Awards.--In carrying out this section, the Director may
provide awards in the form of grants, contracts, cooperative
agreements, cash prizes, and other transactions.
(2) Appointments.--The Director shall have the authority to
make appointments of scientific, engineering, and professional
personnel for carrying out research and development functions
which require the services of specially qualified personnel
relating to the focus areas identified under subsection (g) and
such other areas of national research priorities as the
Director may determine.
(n) Ethical, Legal, and Societal Considerations.--The Director
shall establish policies regarding engagement with experts in the
social dimensions of science and technology and set up formal avenues
for public input, as appropriate, to ensure that ethical, legal, and
societal considerations are explicitly integrated into the priorities
for the Directorate, including the selection of focus areas under
subsection (g), the award-making process, and throughout all stages of
supported projects.
(o) Reports and Roadmaps.--
(1) Annual report.--The Director shall provide to the
relevant authorizing and appropriations committees of Congress
an annual report describing projects supported by the
Directorate during the previous year.
(2) Roadmap.--Not later than 1 year after the date of
enactment of this Act, the Director shall provide to the
relevant authorizing and appropriations committees of Congress
a roadmap describing the strategic vision that the Directorate
will use to guide investment decisions over the following 3
years.
(p) Evaluation.--
(1) In general.--After the Directorate has been in
operation for 6 years, the National Science Board shall
evaluate how well the Directorate is achieving the purposes
identified in subsection (b), including an assessment of the
impact of Directorate activities on the Foundation's primary
science mission.
(2) Inclusions.--The evaluation shall include--
(A) a recommendation on whether the Directorate
should be continued or terminated; and
(B) a description of lessons learned from operation
of the Directorate.
(3) Availability.--On completion of the evaluation, the
evaluation shall be made available to Congress and the public.
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.
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.
SEC. 10311. RECOGNITION OF THE ARECIBO OBSERVATORY.
(a) Findings.--Congress finds the following:
(1) The Department of Defense began developing the Arecibo
Observatory located in Barrio Esperanza, Arecibo, Puerto Rico,
during the 1950s, and its characteristic instrument, a large
radio telescope of 305 meters in diameter was completed in
1963.
(2) The facility was later owned by the National Science
Foundation, and supported by the National Aeronautics and Space
Administration and various university partners.
(3) The Arecibo Observatory's 305-meter fixed spherical
radio telescope, was the world's largest single-dish radio
telescope until the Five-Hundred-Meter Aperture Spherical Radio
Telescope located in Gizhou, China, began observing in 2016.
(4) The 305-meter radio telescope made unparalleled
contributions to the fields of radio astronomy, planetary, and
atmospheric sciences, and played a role in inspiring thousands
of students in Puerto Rico, the Nation, and the world to pursue
careers in STEM fields through the Arecibo Observatory
Education and Public Outreach Programs.
(5) The radio telescope significantly advanced the field of
radio astronomy, including the first indirect detection of
gravitational waves, the first detection of extrasolar planets,
innumerable contributions to the field of time domain astronomy
and the study of the interstellar medium, and played a key role
in the search for extraterrestrial intelligence.
(6) The Arecibo Observatory had the best planetary radar
system in the world, used by the National Aeronautics and Space
Administration for near-Earth object detection and was an
essential part of the agency's planetary defense program.
(7) The planetary radar at the Arecibo Observatory has
contributed fundamentally and significantly to the knowledge of
the solar system.
(8) The Arecibo Observatory's Incoherent Scatter Radar and
supporting facilities have provided fundamental understanding
of the ionosphere and upper atmosphere, and the interface
between the atmosphere and space that protects the planet from
solar wind, meteors, and other potential threats.
(9) December 1, 2021, marks the 1-year anniversary of the
uncontrolled collapse sustained by the radio telescope after a
series of cable failures in tower 4.
(b) Sense of Congress.--It is the sense of Congress that the
Congress--
(1) acknowledges the loss of the Arecibo Observatory's
radio telescope due to its collapse and its implications for
the loss of a unique world-class multidisciplinary science
facility which conducted research in the areas of space and
atmospheric sciences, radar astronomy and planetary sciences,
astronomy, and astrophysics;
(2) acknowledges that the uncontrolled collapse of the 305-
meter radio telescope represents a loss of astronomical
observation capabilities, scientific research and development,
planetary defense capabilities, and applied science
capabilities for the United States;
(3) recognizes the rich scientific, educational, and
economic benefits that the Arecibo Telescope has made to the
people of Puerto Rico, the Nation, and the world;
(4) recognizes the work and contributions made by the
thousands of dedicated staff who have supported the Arecibo
Observatory for close to 6 decades;
(5) commends the National Science Foundation for convening
a virtual workshop in June 2021, to explore ideas for future
scientific and educational activities at the Arecibo
Observatory; and
(6) encourages the National Science Foundation, the
National Aeronautics and Space Administration, and other
agencies to explore opportunities for strengthening and
expanding the role of the Arecibo Observatory in Puerto Rico
through education, outreach, and diversity programs, and future
research capabilities and technology at the site.
SEC. 10312. HANDS-ON LEARNING OPPORTUNITIES IN STEM EDUCATION.
(a) Definitions.--In this section:
(1) ESEA terms.--The terms ``elementary school'', ``high
school'', ``secondary school'', and ``State'' have the meanings
given the terms in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(2) Eligible nonprofit program.--The term ``eligible
nonprofit program''--
(A) means a nonprofit program serving
prekindergarten, elementary school, or secondary school
students; and
(B) includes a program described in subparagraph
(A) that covers the continuum of education from
prekindergarten through high school and is available in
every State.
(3) Director.--The term ``Director'' means the Director of
the National Science Foundation.
(4) STEM.--The term ``STEM'' means science, technology,
engineering, and mathematics.
(b) Purposes.--The purposes of this section are to--
(1) provide effective, compelling, and engaging means for
teaching and reinforcing fundamental STEM concepts and
inspiring the youth of the United States to pursue careers in
STEM-related fields;
(2) expand the STEM workforce pipeline by developing and
training students for careers in United States STEM fields; and
(3) broaden participation in the STEM workforce by
underrepresented population groups.
(c) Program Authorized.--
(1) In general.--The Director shall, subject to the
availability of appropriations for such purposes, make awards
to eligible nonprofit programs for supporting hands-on learning
opportunities in STEM education, including via after-school
activities and innovative learning opportunities such as
robotics competitions and for the purposes of evaluating the
impact of such programs on STEM learning and disseminating the
results of such evaluations.
(2) Priority.--In making awards under the program, the
Director shall give priority to eligible nonprofit programs
serving students that attend elementary schools or secondary
schools (including high schools) that--
(A) are implementing comprehensive support and
improvement activities or targeted support and
improvement activities under paragraph (1) or (2) of
section 1111(d) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311(d)); or
(B) serve high percentages of students who are
eligible for a free or reduced price lunch under the
Richard B. Russell National School Lunch Act (42 U.S.C.
1751 et seq.) (which, in the case of a high school, may
be calculated using comparable data from the schools
that feed into the high school).
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.
(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 a national network of testbeds based on
open standards, interfaces, and processes, including by
repurposing existing facilities such as those in paragraph
3(C), that would enable scale up of laboratory engineering
biology research;
(6) activities to develop robust mechanisms for documenting
and quantifying the outputs and economic benefits of
engineering biology; and
(7) activities to accelerate the translation and
commercialization of new products, processes, and technologies
by--
(A) identifying precompetitive research
opportunities;
(B) facilitating public-private partnerships in
engineering biology research and development, including
to address barriers to scaling up innovations in
engineering biology;
(C) connecting researchers, graduate students, and
postdoctoral fellows with entrepreneurship education
and training opportunities; and
(D) supporting proof of concept activities and the
formation of startup companies including through
programs such as the Small Business Innovation Research
Program and the Small Business Technology Transfer
Program.
(c) Expanding Participation.--The Initiative shall include, to the
maximum extent practicable, outreach to primarily undergraduate and
minority-serving institutions about Initiative opportunities, and shall
encourage the development of research collaborations between research-
intensive universities and primarily undergraduate and minority-serving
institutions.
(d) Ethical, Legal, Environmental, Safety, Security, and Societal
Issues.--Initiative activities shall take into account ethical, legal,
environmental, safety, security, and other appropriate societal issues
by--
(1) supporting research, including in the social sciences,
and other activities addressing ethical, legal, environmental,
and other appropriate societal issues related to engineering
biology, including integrating research on such topics with the
research and development in engineering biology, and
encouraging the dissemination of the results of such research,
including through interdisciplinary engineering biology
research centers described in subsection (b)(1);
(2) supporting research and other activities related to the
safety and security implications of engineering biology,
including outreach to increase awareness among Federal
researchers and Federally-funded researchers at institutions of
higher education about potential safety and security
implications of engineering biology research, as appropriate;
(3) ensuring that input from Federal and non-Federal
experts on the ethical, legal, environmental, safety, security,
and other appropriate societal issues related to engineering
biology is integrated into the Initiative;
(4) ensuring, through the agencies and departments that
participate in the Initiative, that public input and outreach
are integrated into the Initiative by the convening of regular
and ongoing public discussions through mechanisms such as
workshops, consensus conferences, and educational events, as
appropriate; and
(5) complying with all applicable provisions of Federal
law.
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 fully leverages plant,
animal, and microbe biodiversity, as appropriate and in a
manner that does not compromise economic competitiveness,
national security, or the privacy or security of human genetic
information, to enhance long-term innovation and
competitiveness in engineering biology in the United States;
(5) develop a plan to utilize Federal programs, such as the
Small Business Innovation Research Program and the Small
Business Technology Transfer Program as described in section 9
of the Small Business Act (15 U.S.C. 638), in support of the
activities described in section 10403(b)(3); and
(6) in carrying out this section, take into consideration
the recommendations of the advisory committee established under
section 10405, the results of the workshop convened under
section 10406, existing reports on related topics, and the
views of academic, State, industry, and other appropriate
groups.
(b) Quinquennial Report.--Beginning with fiscal year 2022 and
ending in fiscal year 2028, not later than 90 days after submission of
the President's annual budget request and every fifth fiscal year
thereafter, the Interagency Committee shall prepare and submit to the
Committee on Science, Space, and Technology and the Committee on
Agriculture of the House of Representatives and the Committee on
Commerce, Science, and Transportation and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report that includes--
(1) a summarized agency budget in support of the Initiative
for the fiscal year to which such budget request applies, for
the following 2 fiscal years, for the then current fiscal year,
including a breakout of spending for each agency participating
in the Program, and for the development and acquisition of any
research facilities and instrumentation; and
(2) an assessment of how Federal agencies are implementing
the plan described in subsection (a)(3), including--
(A) a description of the amount and number of
awards made under the Small Business Innovation
Research Program and the Small Business Technology
Transfer Program (as described in section 9 of the
Small Business Act (15 U.S.C. 638)) in support of the
Initiative;
(B) a description of the amount and number of
projects funded under joint solicitations by a
collaboration of no fewer than 2 agencies participating
in the Initiative; and
(C) a description of the effect of the newly funded
projects by the Initiative.
(c) Initiative Office.--
(1) In general.--The President shall establish an
Initiative Coordination Office, with a Director and full-time
staff, which shall--
(A) provide technical and administrative support to
the interagency committee and the advisory committee
established under section 10405;
(B) serve as the point of contact on Federal
engineering biology activities for government
organizations, academia, industry, professional
societies, State governments, interested citizen
groups, and others to exchange technical and
programmatic information;
(C) oversee interagency coordination of the
Initiative, including by encouraging and supporting
joint agency solicitation and selection of applications
for funding of activities under the Initiative, as
appropriate;
(D) conduct public outreach, including
dissemination of findings and recommendations of the
advisory committee established under section 10405, as
appropriate;
(E) serve as the coordinator of ethical, legal,
environmental, safety, security, and other appropriate
societal input; and
(F) promote access to, and early application of,
the technologies, innovations, and expertise derived
from Initiative activities to agency missions and
systems across the Federal Government, and to United
States industry, including startup companies.
(2) Funding.--The Director of the Office of Science and
Technology Policy, in coordination with each participating
Federal department and agency, as appropriate, shall develop
and annually update an estimate of the funds necessary to carry
out the activities of the Initiative Coordination Office and
submit such estimate with an agreed summary of contributions
from each agency to Congress as part of the President's annual
budget request to Congress.
(3) Termination.--The Initiative Coordination Office
established under this subsection shall terminate on the date
that is 10 years after the date of the enactment of this Act.
(d) Rule of Construction.--Nothing in this section shall be
construed to alter the policies, processes, or practices of individual
Federal agencies in effect on the day before the date of the enactment
of this Act relating to the conduct of biomedical research and advanced
development, including the solicitation and review of extramural
research proposals.
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 and the Committee on Agriculture,
Nutrition, and Forestry of the Senate, a report on--
(1) the findings of the advisory committee's assessment
under subsection (b); and
(2) the advisory committee's recommendations for ways to
improve the Initiative.
(d) Application of Federal Advisory Committee Act.--Section 14 of
the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to
the Advisory Committee.
(e) Termination.--The advisory committee established under
subsection (a) shall terminate on the date that is 10 years after the
date of the enactment of this Act.
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 and the Committee on Agriculture of the House of
Representatives and the Committee on Commerce, Science, and
Transportation and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report containing the findings and
recommendations of the review conducted under subsection (a);
and
(2) make a copy of such report available on a publicly
accessible website.
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) advance the development of standard reference
materials and measurements, including to promote
interoperability between new component technologies and
processes for engineering biology and biomanufacturing
discovery, innovation, and production processes;
(B) create new data tools, techniques, and
processes necessary to advance engineering biology and
biomanufacturing;
(C) provide access to user facilities with advanced
or unique equipment, services, materials, and other
resources to industry, institutions of higher
education, nonprofit organizations, and government
agencies to perform research and testing; and
(D) provide technical expertise to inform the
potential development of guidelines or safeguards for
new products, processes, and systems of engineering
biology.
(2) National oceanic and atmospheric administration.--As
part of the initiative, the Administrator of the National
Oceanic and Atmospheric Administration shall--
(A) conduct and support research in omics and
associated bioinformatic sciences and develop tools and
products to improve ecosystem stewardship, monitoring,
management, assessments and forecasts, consistent with
the mission of the agency; and
(B) collaborate with other agencies to understand
potential environmental threats and safeguards related
to engineering biology.
(c) Department of Energy.--As part of the Initiative, the Secretary
of Energy shall--
(1) conduct and support research, development,
demonstration, and commercial application activities in
engineering biology, including in the areas of synthetic
biology, advanced biofuel and bioproduct development, biobased
materials, and environmental remediation;
(2) support the development, optimization and validation of
novel, scalable tools and technologies to enable the dynamic
study of molecular processes in situ;
(3) provide access to user facilities with advanced or
unique equipment, services, materials, and other resources,
including secure access to high-performance computing, as
appropriate, to industry, institutions of higher education,
nonprofit organizations, and government agencies to perform
research and testing; and
(4) strengthen collaboration between the Office of Science
and the Energy Efficiency and Renewable Energy Office to help
transfer fundamental research results to industry and
accelerate commercial applications.
(d) National Aeronautics and Space Administration.--As part of the
Initiative, the National Aeronautics and Space Administration shall--
(1) conduct and support research in engineering biology,
including in synthetic biology, and related to Earth and space
sciences, aeronautics, space technology, and space exploration
and experimentation, consistent with the priorities established
in the National Academies' decadal surveys; and
(2) award grants, on a competitive basis, that enable
institutions to support graduate students and postdoctoral
fellows who perform some of their engineering biology research
in an industry setting.
(e) Department of Agriculture.--As part of the Initiative, the
Secretary of Agriculture shall support research and development in
engineering biology, including in synthetic biology, alternative
proteins, and biomaterials, through the Agricultural Research Service,
the National Institute of Food and Agriculture programs, and the Office
of the Chief Scientist.
(f) Environmental Protection Agency.--As part of the Initiative,
the Environmental Protection Agency shall support research on how
products, processes, and systems of engineering biology will affect or
can protect the environment.
(g) Department of Health and Human Services.--As part of the
Initiative, the Secretary of Health and Human Services, as appropriate
and consistent with activities of the Department of Health and Human
Services in effect on the day before the date of the enactment of this
Act, shall--
(1) support research and development to advance the
understanding and application of engineering biology for human
health;
(2) support relevant interdisciplinary research and
coordination; and
(3) support activities necessary to facilitate oversight of
relevant emerging biotechnologies.
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 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 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--
``(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 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 historically
Black colleges and universities, Tribal
Colleges or Universities, minority serving
institutions, and those in underserved and
rural communities,''; and
(ii) by inserting ``or other applied
learning opportunities'' after
``apprenticeships''; and
(2) in subsection (d)(3) by striking ``, community
colleges, and area career and technical education schools,''
and inserting the following: ``and local high schools,
community colleges, and area career and technical education
schools, including those in underserved and rural
communities,''.
(b) Rural Connectivity Prize Competition.--
(1) Prize competition.--Pursuant to section 24 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3719), the Secretary of Commerce, acting through the Under
Secretary of Commerce for Standards and Technology (referred to
in this subsection as the ``Secretary''), shall, subject to
appropriations, carry out a program to award prizes
competitively to stimulate research and development of creative
technologies in order to deploy affordable and reliable
broadband connectivity to underserved rural communities.
(2) Plan for deployment in rural communities.--Each
proposal submitted pursuant to paragraph (1) shall include a
plan for deployment of the technology that is the subject of
such proposal in an underserved rural community.
(3) Prize amount.--In carrying out the program under
paragraph (1), the Secretary may award not more than a total of
$5,000,000 to one or more winners of the prize competition.
(4) Report.--Not later than 60 days after the date on which
a prize is awarded under the prize competition, the Secretary
shall submit to the relevant committees of Congress a report
that describes the winning proposal of the prize competition.
(5) Consultation.--In carrying out the program under
subsection (a), the Secretary may consult with the heads of
relevant departments and agencies of the Federal Government.
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
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;
(x) creating partnerships with local
industries and local educational agencies to
tailor STEM curricula and educational
experiences to the needs of a particular local
or regional economy; and
(xi) any other activity the Director
determines will accomplish the goals of this
subsection.
(c) Application.--An applicant seeking a grant under subsection (a)
or (b) shall submit an application at such time, in such manner, and
containing such information as the Director may require. The
application may include the following:
(1) A description of the target population to be served by
the research activity or activities for which such grant is
sought.
(2) A description of the process for recruitment and
selection of students, educators, or schools from rural areas
to participate in such activity or activities.
(3) A description of how such activity or activities may
inform efforts to promote the engagement and achievement of
rural students in grades Pre-K through 12 in STEM studies.
(4) In the case of a proposal consisting of a partnership
or partnerships with one or more rural schools and one or more
researchers, a plan for establishing a sustained partnership
that is jointly developed and managed, draws from the
capacities of each partner, and is mutually beneficial.
(d) Partnerships.--In awarding grants under subsection (a) or (b),
the Director shall--
(1) encourage applicants which, for the purpose of the
activity or activities funded through the grant, include or
partner with a nonprofit organization or an institution of
higher education (or a consortium thereof) that has extensive
experience and expertise in increasing the participation of
rural students in grades Pre-K through 12 in STEM;
(2) encourage applicants which, for the purpose of the
activity or activities funded through the grant, include or
partner with a consortium of rural schools or rural school
districts; and
(3) encourage applications which, for the purpose of the
activity or activities funded through the grant, include
commitments from school principals and administrators to making
reforms and activities proposed by the applicant a priority.
(e) Evaluations.--All proposals for grants under subsections (a)
and (b) shall include an evaluation plan that includes the use of
outcome oriented measures to assess the impact and efficacy of the
grant. Each recipient of a grant under this section shall include
results from these evaluative activities in annual and final projects.
(f) Accountability and Dissemination.--
(1) Evaluation required.--The Director shall evaluate the
portfolio of grants awarded under subsections (a) and (b). Such
evaluation shall--
(A) use a common set of benchmarks and tools to
assess the results of research conducted under such
grants and identify best practices; and
(B) to the extent practicable, integrate the
findings of research resulting from the activity or
activities funded through such grants with the findings
of other research on rural student's pursuit of degrees
or careers in STEM.
(2) Report on evaluations.--Not later than 180 days after
the completion of the evaluation under paragraph (1), the
Director shall submit to Congress and make widely available to
the public a report that includes--
(A) the results of the evaluation; and
(B) any recommendations for administrative and
legislative action that could optimize the
effectiveness of the grants awarded under this section.
(g) Report by Committee on Equal Opportunities in Science and
Engineering.--
(1) In general.--As part of the first report required by
section 36(e) of the Science and Engineering Equal
Opportunities Act (42 U.S.C. 1885c(e)) transmitted to Congress
after the date of enactment of this Act, the Committee on Equal
Opportunities in Science and Engineering shall include--
(A) a description of past and present policies and
activities of the Foundation to encourage full
participation of students in rural communities in
science, mathematics, engineering, and computer science
fields; and
(B) an assessment of trends in participation of
rural students in grades Pre-K through 12 in Foundation
activities, and an assessment of the policies and
activities of the Foundation, along with proposals for
new strategies or the broadening of existing successful
strategies towards facilitating the goals of this
subtitle.
(2) Technical correction.--
(A) In general.--Section 313 of the American
Innovation and Competitiveness Act (Public Law 114-329)
is amended by striking ``Section 204(e) of the National
Science Foundation Authorization Act of 1988'' and
inserting ``Section 36(e) of the Science and
Engineering Equal Opportunities Act''.
(B) Applicability.--The amendment made by paragraph
(1) shall take effect as if included in the enactment
of section 313 of the American Innovation and
Competitiveness Act (Public Law 114-329).
(h) Coordination.--In carrying out this section, the Director
shall, for purposes of enhancing program effectiveness and avoiding
duplication of activities, consult, cooperate, and coordinate with the
programs and policies of other relevant Federal agencies.
(i) Authorization of Appropriations.--There are authorized to be
appropriated to the Director--
(1) $8,000,000 to carry out the activities under subsection
(a) for each of fiscal years 2022 through 2026; and
(2) $12,000,000 to carry out the activities under
subsection (b) for each of fiscal years 2022 through 2026.
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 non-profit organizations, Federal
laboratories, and international research institutions.
(c) Capacity Building.--Activities described in this subsection
include the design, development, implementation, expansion, and
assessment of--
(1) metrics of success to best capture the achievements of
HBCUs, TCUs, and MSIs and students of such institutions to
account for institutional context and missions, faculty
investment, student populations, student needs, and
institutional resource constraints;
(2) enhancements to undergraduate STEM curriculum at HBCUs,
TCUs, and MSIs to increase the participation, retention, degree
completion, and success of underrepresented students;
(3) professional development programs to increase the
numbers and the high-quality preparation of STEM faculty at
HBCUs, TCUs, and MSIs, including programs to encourage STEM
doctoral students to teach at HBCUs, TCUs, and MSIs; and
(4) mechanisms for institutions of higher education that
are not HBCUs, TCUs, or MSIs to partner with HBCUs, TCUs, and
MSIs on STEM education, including the facilitation of student
transfer, mentoring programs for students and junior faculty,
joint research projects, and student access to graduate
education.
(d) Research Experiences.--Grants under this section may fund the
development or expansion of opportunities for the exchange of students
and faculty to conduct research, facilitate professional development,
and provide mentorship including through partnerships with institutions
of higher education that are not HBCUs, TCUs, or MSIs, private sector
and non-profit organizations, Federal laboratories, and international
research institutions.
(e) Partnerships.--In awarding grants under this section, the
Director of the National Science Foundation shall--
(1) encourage HBCUs, TCUs, and MSIs and consortia thereof
and partnerships with one or more HBCU, TCU, or MSI, to submit
proposals;
(2) require proposals submitted in partnership with one or
more HBCU, TCU, or MSI include a plan for establishing a
sustained partnership that is jointly developed and managed,
draws from the capacities of each institution, and is mutually
beneficial; and
(3) encourage proposals submitted in partnership with the
private sector, non-profit organizations, Federal laboratories,
and international research institutions, as appropriate.
(f) MSI Centers of Innovation.--Grants under this section may fund
the establishment of no more than five MSI Centers of Innovation to
leverage successes of HBCUs, TCUs, and MSIs in STEM education and
research training of underrepresented minority students as models for
other institutions, including both HBCUs, TCUs, and MSIs and
institutions of higher education that are not HBCUs, TCUs, or MSIs.
Such centers will be located on campuses of selected institutions of
higher education and serve as incubators to allow institutions of
higher education to experiment, pilot, evaluate, and scale up promising
practices.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to the Director of the National Science Foundation
$170,000,000 for fiscal year 2022, $175,000,000 for fiscal year 2023,
$180,000,000 for fiscal year 2024, $185,000,000 for fiscal year 2025,
and $190,000,000 fiscal year 2026 to carry out this section.
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 and how to bolster grant
management capacity for the entire grant lifecycle, from
application to completion;
(5) to ensure opportunities for HBCUs, TCUs, and MSIs to
directly communicate with Federal science agency officials
responsible for managing competitive grant programs in order to
receive feedback on research ideas and proposals, including
guidance on the Federal science agency's peer review process;
(6) to foster mutually beneficial public-private
collaboration among Federal science agencies, industry, Federal
laboratories, academia, and nonprofit organizations to--
(A) identify alternative sources of funding for
STEM education and research at HBCUs, TCUs, and MSIs;
(B) provide access to high-quality, relevant
research experiences for students and faculty of HBCUs,
TCUs, and MSIs;
(C) expand the professional networks of students
and faculty of HBCUs, TCUs, and MSIs;
(D) broaden STEM educational opportunities for
students and faculty of HBCUs, TCUs, and MSIs; and
(E) support the transition of students of HBCUs,
TCUs, and MSIs into the STEM workforce; and
(7) to publish an annual report that provides an account of
Federal science agency investments in HBCUs, TCUs, and MSIs,
including data on the level of participation of HBCUs, TCUs,
and MSIs as prime recipients/contractors or subrecipients/
subcontractors.
(c) Strategic Plan.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Director, in collaboration with the
head of each Federal science agency, shall submit to Congress a
report containing a strategic plan for each Federal science
agency to increase the capacity of HBCUs, TCUs, and MSIs to
compete effectively for grants, contracts, or cooperative
agreements and to encourage HBCUs, TCUs, and MSIs to
participate in Federal programs.
(2) Considerations.--In developing a strategic plan under
paragraph (1), the Director and each head of each Federal
science agency shall consider--
(A) issuing new or expanding existing funding
opportunities targeted to HBCUs, TCUs, and MSIs;
(B) modifying existing research and development
program solicitations to incentivize effective
partnerships with HBCUs, TCUs, and MSIs;
(C) offering planning grants for HBCUs, TCUs, and
MSIs to develop or equip grant offices with the
requisite depth of knowledge to submit competitive
grant proposals and manage awarded grants;
(D) offering additional training programs and
individualized and timely guidance to grant officers
faculty and postdoctoral researchers at HBCUs, TCUs,
and MSIs to ensure they understand the requirements for
an effective grant proposal; and
(E) other approaches for making current competitive
funding models more accessible for under-resourced
HBCUs, TCUs, and MSIs.
(d) Report to Congress.--Not later than 2 years after the date of
enactment of this Act, and every 5 years thereafter, the Director shall
report to Congress on the implementation by Federal science agencies of
the policy guidelines developed under this section.
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;
(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;
(2) not later than 6 months after the date on which the
inventory is submitted under paragraph (1)--
(A) in consultation with outside stakeholders and
Federal science agencies, develop a uniform set of
policy guidelines for Federal science agencies; and
(B) submit a report to the committees referred to
in paragraph (1) containing such guidelines;
(3) encourage and monitor efforts of Federal science
agencies to develop or maintain and implement policies based on
the guidelines developed under paragraph (2), including the
extent to which Federal science agency policies depart from the
uniform policy guidelines;
(4) not later than 1 year after the date on which the
inventory under paragraph (1) is submitted, and every 5 years
thereafter, the Director of the Office of Science and
Technology Policy shall report to Congress on the
implementation by Federal science agencies of the policy
guidelines developed under paragraph (2); and
(5) update such policy guidelines as needed.
(d) Requirements.--In developing policy guidelines under subsection
(c)(2), the Director of the Office of Science and Technology Policy
shall include guidelines that require--
(1) grantees to submit to the Federal science agency or
agencies from which the grantees receive funding reports
relating to--
(A) administrative action, related to an allegation
against grant personnel of any sexual harassment or
gender harassment, as set forth in organizational
policies or codes of conduct, statutes, regulations, or
executive orders, that affects the ability of grant
personnel or their trainees to carry out the activities
of the grant; and
(B) findings or determinations against grant
personnel of sexual harassment or gender harassment, as
set forth in organizational policies or codes of
conduct, statutes, regulations, or Executive orders,
including any findings or determinations related to
reports submitted under subparagraph (A) and any
disciplinary action that was taken;
(2) the sharing, updating, and archiving of reports of
sexual harassment and gender harassment from grantees submitted
under paragraph (1)(B) with relevant Federal science agencies
on a quarterly basis; and
(3) to the extent practicable, ensure consistency among
Federal agencies with regards to the policies and procedures
for receiving reports submitted pursuant to paragraph (1),
which may include the designation of a single agency to field
reports so submitted.
(e) Considerations.--In developing policy guidelines under
subsection (c)(2), the Director of the Office of Science and Technology
Policy shall consider guidelines that require or incentivize--
(1) grantees to periodically assess their organizational
climate, which may include the use of climate surveys, focus
groups, or exit interviews;
(2) grantees to publish on a publicly available internet
website the results of assessments conducted pursuant to
paragraph (1), disaggregated by gender and, if possible, race,
ethnicity, disability status, and sexual orientation;
(3) grantees to make public on an annual basis the number
of reports of sexual harassment and gender harassment at each
such institution;
(4) grantees to regularly assess and improve policies,
procedures, and interventions to reduce the prevalence of
sexual harassment and gender harassment;
(5) each grantee to demonstrate in its proposal for a grant
award, cooperative agreement, or contract that a code of
conduct is in place for maintaining a healthy and welcoming
workplace for grant personnel and their trainees;
(6) the diffusion of the hierarchical and dependent
relationships between grant personnel and their trainees;
(7) each grantee and Federal science agency to have in
place mechanisms for the re-integration of individuals who have
experienced sexual harassment and gender harassment; and
(8) grantees to work to create a climate intolerant of
sexual harassment and gender harassment.
(f) Federal Science Agency Implementation.--Each Federal science
agency shall--
(1) develop or maintain and implement policies with respect
to sexual harassment and gender harassment that are consistent
with policy guidelines under subsection (c)(2) and that protect
the privacy of all parties involved in any report and
investigation of sexual harassment and gender harassment,
except to the extent necessary to carry out an investigation;
(2) broadly disseminate such policies to current and
potential recipients of research grants, cooperative
agreements, or contracts awarded by such agency; and
(3) take into consideration any reports filed under
subsection (d)(1) when issuing grant awards, cooperative
agreements, or contracts.
(g) FERPA.--The Director of the Office of Science and Technology
Policy shall ensure that such guidelines and requirements are
consistent with the requirements of section 444 of the General
Education Provisions Act (20 U.S.C. 1232g) (commonly referred to as the
``Family Educational Rights and Privacy Act of 1974'').
(h) Sunset.--The interagency working group established under
subsection (a) shall terminate on the date that is 7 years after the
date of the enactment of this Act.
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.
``(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) identify, assess, and make recommendations to address
science and technology gaps that would not be met without
federal investment;
``(9) review administrative and legislative policies and
funding opportunities that affect private sector science and
technology activities, and identify and make recommendations on
policies that ensure a level playing field for the
participation and competitiveness of small- and medium-sized
businesses;
``(10) assess and identify the infrastructure and tools
needed to maintain the leadership of the United States in
science and technology and address other societal and national
challenges; and
``(11) review administrative or legislative policies that
affect the science and technology enterprise and identify and
make recommendations on policies that hinder research and
development in the United States.
``(c) Reporting.--
``(1) In general.--Not later than December 31 of the year
in which a quadrennial science and technology review is
conducted, the Director shall submit a report of the review to
Congress.
``(2) Publication.--The Director shall, consistent with the
protection of national security and other sensitive matters to
the maximum extent possible, make each report submitted under
paragraph (1) publicly available on an internet website of the
Office of Science and Technology Policy.''.
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.
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, such as the Great Lakes region;
(4) are located in, or partner with entities located in,
economically-distressed areas;
(5) support the development of entities focused on
expanding clean energy tools and technologies to rural, Tribal,
and low-income communities;
(6) support the commercial application of technologies
being developed by clean energy entrepreneurs from
underrepresented backgrounds; and
(7) have a plan for sustaining activities of the incubator
after grant funds received under this program have been
expended.
(d) Award Limits.--The Secretary shall not award more than
$4,000,000 to one or more incubators in one given State, per fiscal
year.
(e) Duration.--Each grant under subsection (b) shall be for a
period of no longer than 5 years, subject to the availability of
appropriations.
(f) Use of Funds.--An entity receiving a grant under this section
may use grant amounts for operating expenses.
(g) Renewal.--An award made to a clean energy incubator under this
section may be renewed for a period of not more than 3 years, subject
to merit review.
(h) Evaluation.--In accordance with section 9007 of division Z of
the Consolidated Appropriations Act, 2021 (Public Law 116-260), the
Secretary shall submit to the Committee on Science, Space, and
Technology of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate an evaluation of the program
established under this section that includes analyses of the
performance of the clean energy incubators.
(i) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section $15,000,000 for
each of fiscal years 2022 through 2026.
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 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, skills training and workforce
development, or commercial application activities; or
``(B) any other activities that the applicable
Director determines appropriate.
``(4) Expedited approval.--The Secretary, working with the
Directors, shall establish a stream-lined approval process for
financial assistance agreements signed between--
``(A) small business concerns selected to receive a
voucher under the program; and
``(B) the National Laboratories and single-purpose
research facilities.
``(5) Cost-sharing requirement.--In carrying out the
program, the Secretary shall require cost-sharing in accordance
with section 988.
``(6) Report.--In accordance with section 9007 of division
Z of the Consolidated Appropriations Act, 2021 (Public Law 116-
260), the Secretary shall report annually on the progress and
implementation of the small business voucher program
established under this section, including the number and
locations of small businesses that received grants under this
program.''; and
(4) in subsection (e) (as so redesignated), by striking
``for activities under this section'' and inserting ``for
activities under subsection (b)'' and inserting before the
period at the end ``and for activities under subsection (c)
$25,000,000 for each of fiscal years 2022 through 2026''.
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.
SEC. 10631. NATIONAL LABORATORIES RESTORATION AND MODERNIZATION.
(a) Definitions.--In this section:
(1) National laboratory.--The term ``National Laboratory''
has the meaning given the term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) Restoration and Modernization Projects.--The Secretary shall
fund projects described in subsection (c) as needed to address the
deferred maintenance, critical infrastructure needs, and modernization
of National Laboratories.
(c) Projects Described.--The projects referred to in subsection (b)
are, as determined by the Secretary--
(1) priority deferred maintenance projects at National
Laboratories, including facilities sustainment for, upgrade of,
and construction of research laboratories, administrative and
support buildings, utilities, roads, power plants, and any
other critical infrastructure; and
(2) lab modernization projects at National Laboratories,
including lab modernization projects relating to core
infrastructure needed--
(A) to support existing and emerging science
missions with new and specialized requirements for
world-leading scientific user facilities and computing
capabilities; and
(B) to maintain safe, efficient, reliable, and
environmentally responsible operations.
(d) Submission to Congress.--For each fiscal year through fiscal
year 2026, at the same time as the annual budget submission of the
President, the Secretary shall submit to the Committees on
Appropriations and Energy and Natural Resources of the Senate and the
Committees on Appropriations and Science, Space, and Technology of the
House of Representatives a list of projects for which the Secretary
will provide funding under this section, including a description of
each project and the funding profile for the project.
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Secretary to carry out this section $6,100,000,000 for each
of fiscal years 2022 through 2026.
(2) Office of science.--Not less than \1/3\ of the amounts
made available to carry out this section each fiscal year shall
be managed by the Office of Science of the Department of
Energy.
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 DEPARTMENT OF ENERGY DEMONSTRATION PROJECTS.
Section 41201 of the Infrastructure Investment and Jobs Act (42
U.S.C. 18861) is amended--
(1) in subsection (b), by inserting ``including the Office
of Technology Transitions, the Loan Program Office, and all
applied program offices,'' after ``Department,'';
(2) in subsection (d), by inserting ``, including by using
the authorities in section 10636 of the America COMPETES Act of
2022,'' after ``personnel'';
(3) by redesignating subsections (e), (f), and (g) as
subsections (g), (h), and (i), respectively;
(4) by adding after subsection (d) the following:
``(e) Additional Authority.--The Secretary may carry out and manage
covered projects directly through the program.
``(f) Project Termination.--Should an ongoing covered project
receive an unfavorable review under subsection (c)(5), the Secretary or
their designee may cease funding the covered project and reallocate the
remaining funds to new or existing covered projects carried out by that
program office.''; and
(5) in subsection (h)(1) (as so redesignated), by striking
``The Secretary'' and inserting ``In accordance with section
9007 of division Z of the Consolidated Appropriations Act, 2021
(Public Law 116-260), the Secretary''.
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 in subsection (b)(4)(B) by striking ``this
paragraph'' and inserting ``the America COMPETES Act of 2022''.
(b) Report.--Section 108(b) of the Department of Energy Research
and Innovation Act is amended in subsection (b) by striking ``this
Act'' each place it appears and inserting ``the America COMPETES Act of
2022''.
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.''.
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.''.
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 government.--The term `Tribal Government'
means the governing body of any Indian or Alaska Native Tribe,
band, nation, pueblo, village, community, component band or
component reservation, individually identified (including
parenthetically) in the list published most recently as of the
date of enactment of this Act pursuant to section 104 of the
Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C.
5131).
``(11) Tribal college or university.--The term `Tribal
College or University' has the meaning given such term in
section 316 of the Higher Education Act of 1965 (20 U.S.C.
1059c).
``(12) Venture development organization.--The term `venture
development organization' has the meaning given such term in
section 27(a) of the Stevenson-Wydler Act of 1980 (15 U.S.C.
3722(a)).
``(13) Community development financial institution.--The
term `community development financial institution' has the
meaning given in section 103 of the Community Development
Banking and Financial Institutions Act of 1994 (12 U.S.C.
4702).
``(14) Minority depository institution.--The term `minority
depository institution' means an entity that is--
``(A) a minority depository institution, as defined
in section 308 of the Financial Institutions Reform,
Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463
note); or
``(B) considered to be a minority depository
institution by--
``(i) the appropriate Federal banking
agency; or
``(ii) the National Credit Union
Administration, in the case of an insured
credit union.
``(b) Regional Technology and Innovation Hub Program.--
``(1) In general.--Subject to the availability of
appropriations, the Secretary shall carry out a program--
``(A) to encourage new and constructive
collaboration among local, State, Tribal, and Federal
government entities, institutions of higher education,
the private sector, economic development organizations,
labor organizations, worker cooperative membership
associations, State or local employee ownership and
cooperative development centers, nonprofit
organizations, and community organizations to promote
inclusive regional innovation initiatives;
``(B) to support eligible consortia in the
development and implementation of regional innovation
strategies;
``(C) to designate eligible consortia as regional
technology and innovation hubs and facilitate
activities by consortia designated as regional
technology and innovation hubs in implementing their
regional innovation strategies--
``(i) to enable United States leadership in
technology and innovation sectors critical to
national and economic security;
``(ii) to support regional economic
development and resilience, including in small
cities and rural areas, and promote increased
geographic diversity of innovation across the
United States;
``(iii) to promote the benefits of
technology development and innovation for all
Americans, including underserved communities
and vulnerable communities;
``(iv) to support the modernization and
expansion of United States manufacturing based
on advances in technology and innovation;
``(v) to support domestic job creation and
broad-based economic growth; and
``(vi) to improve the pace of market
readiness, industry maturation, and overall
commercialization and domestic production of
innovative research;
``(D) to ensure that the regional technology and
innovation hubs address the intersection of emerging
technologies and either regional challenges or national
challenges; and
``(E) to conduct ongoing research, evaluation,
analysis, and dissemination of best practices for
regional development and competitiveness in technology
and innovation.
``(2) Awards.--The Secretary shall carry out the program
required by paragraph (1) through the award of the following:
``(A) Strategy development grants or cooperative
agreements to eligible consortia under subsection (e).
``(B) Strategy implementation grants or cooperative
agreements to regional technology and innovation hubs
under subsection (f).
``(c) Eligible Consortia.--For purposes of this section, an
eligible consortium is a consortium that--
``(1) includes 1 or more of each of the following--
``(A) institutions of higher education, which may
include Historically Black Colleges and Universities,
Tribal Colleges and Universities, and minority-serving
institutions;
``(B) State, territorial, local, or Tribal
governments or other political subdivisions of a State,
including State and local agencies, or a consortia
thereof;
``(C) industry or firms in relevant technology,
innovation, or manufacturing sectors;
``(D) labor organizations or workforce training
organizations, which may include State and local
workforce development boards as established under
sections 101 and 107 of the Workforce Investment and
Opportunity Act (29 U.S.C. 3111; 3122); and
``(E) organizations that contribute to increasing
the participation of underserved populations in
science, technology, innovation, and entrepreneurship;
and
``(2) may include 1 or more--
``(A) economic development entities with relevant
expertise, including a district organization (as
defined in section 300.3 of title 13, Code of Federal
Regulations, or successor regulation);
``(B) economic development organizations or similar
entities that are focused primarily on improving
science, technology, innovation, entrepreneurship, or
access to capital;
``(C) venture development organizations;
``(D) worker cooperative membership associations
and state or local employee ownership and cooperative
development centers;
``(E) financial institutions and investment funds,
including community development financial institutions
and minority depository institutions;
``(F) elementary schools and secondary schools,
including area career and technical education schools
(as defined in section 3 of the Carl D. Perkins Career
and Technical Education Act of 2006 (29 U.S.C. 2302);
``(G) National Laboratories (as defined in section
2 of the Energy Policy Act of 2005 (42 U.S.C. 15801));
``(H) Federal laboratories;
``(I) Manufacturing extension centers;
``(J) Manufacturing USA institutes;
``(K) transportation planning organizations;
``(L) a cooperative extension services; and
``(M) organizations that represent the perspectives
of underserved communities in economic development
initiatives.
``(d) Designation of Regional Technology and Innovation Hubs.--
``(1) In general.--In carrying out subsection (b)(1)(C),
the Secretary shall use a competitive, merit-review process to
designate not fewer than 10 eligible consortia as regional
technology and innovation hubs.
``(2) Geographic distribution.--In conducting the
competitive process under paragraph (1), the Secretary shall
ensure geographic distribution in the designation of regional
technology and innovation hubs by--
``(A) focusing on localities that are not the top
five leading technology centers;
``(B) ensuring that not fewer than one third of
eligible consortia designated as regional technology
and innovation hubs significantly benefit a rural or
other underserved community;
``(C) ensuring that at least one eligible
consortium designated as a regional technology and
innovation hub is headquartered in a State that is
eligible to receive funding from the Established
Program to Stimulate Competitive Research of the
National Science Foundation;
``(D) ensuring that at least one eligible
consortium designated as a regional technology and
innovation hub is headquartered in a region that has a
high density of institutions of higher education
serving populations historically underrepresented in
STEM, including historically Black Colleges and
Universities, Tribal Colleges and Universities, and
minority-serving institutions; and
``(E) ensuring that at least 1 eligible consortium
designated as a regional technology and innovation hub
significantly benefits an area or region whose economy
significantly relies on or has recently relied on coal,
oil, or natural gas production, development, or
utilization.
``(3) Relation to certain grant awards.--The Secretary
shall not require an eligible consortium to receive a grant or
cooperative agreement under subsection (e) in order to be
designated as a regional technology and innovation hub under
paragraph (1) of this subsection.
``(e) Strategy Development Grants and Cooperative Agreements.--
``(1) In general.--The Secretary shall use a competitive,
merit-review process to award grants or cooperative agreements
to eligible consortia for the development of regional
innovation strategies.
``(2) Number of recipients.--The Secretary shall award a
grant or cooperative agreement under paragraph (1) to not fewer
than 20 eligible consortia.
``(3) Geographic diversity and representation.--
``(A) In general.--The Secretary shall carry out
paragraph (1) in a manner that ensures geographic
diversity and representation from communities of
differing populations.
``(B) Awards to rural communities and underserved
communities.--In carrying out paragraph (1), the
Secretary shall award not fewer than one-half of the
grants and cooperative agreements under such paragraph
to eligible consortia that significantly benefit a
rural state, rural community, or other underserved
community.
``(4) Use of funds.--The amount of a grant or cooperative
agreement awarded under paragraph (1) shall be as follows:
``(A) To coordinate locally defined planning
processes, across jurisdictions and agencies, relating
to developing a comprehensive regional technology
strategy.
``(B) To identify regional partnerships for
developing and implementing a comprehensive regional
technology strategy.
``(C) To conduct or update assessments to determine
regional needs and capabilities.
``(D) To develop or update goals and strategies to
implement an existing comprehensive regional plan.
``(E) To identify or implement planning and local
zoning and other code changes necessary to implement a
comprehensive regional technology strategy.
``(F) To develop or update goals for ensuring that
any new regional technology strategy mitigates and does
not exacerbate economic or social inequities in a
region.
``(5) Federal share.--The Federal share of the cost of an
effort carried out using a grant or cooperative agreement
awarded under this subsection may not exceed 80 percent--
``(A) where in-kind contributions may be used for
all or part of the non-Federal share, but Federal
funding from other government sources may not count
towards the non-Federal share;
``(B) except in the case of an eligible consortium
that represents all or part of a rural or other
underserved community, the Federal share may be up to
90 percent of the total cost, subject to subparagraph
(A); and
``(C) except in the case of an eligible consortium
that is led by a Tribal government, the Federal share
may be up to 100 percent of the total cost of the
project.
``(f) Strategy Implementation Grants and Cooperative Agreements.--
``(1) In general.--The Secretary shall use a competitive,
merit-review process to award grants or cooperative agreements
to regional technology and innovation hubs for the
implementation of regional innovation strategies, including
regional strategies for infrastructure and site development, in
support of the regional innovation and technology and
innovation hub's plans and programs. The Secretary should
determine the size and number of awards based on appropriations
available to ensure the success of regional technology and
innovation hubs as outlined in subsection (h).
``(2) Use of funds.--Financial assistance awarded under
paragraph (1) to a regional technology and innovation hub may
be used by the regional technology and innovation hub to
support any of the following activities, consistent with the
most current regional innovation strategy of the regional
technology and innovation hub:
``(A) Workforce development activities.--Workforce
development activities, including activities relating
to the following:
``(i) The creation of partnerships between
industry, workforce, nonprofit, and educational
institutions to create and align technical
training and educational programs.
``(ii) The design, development, and
updating of educational and training curriculum
tied to demonstrated regional workforce needs.
``(iii) The procurement of facilities and
equipment, as required to train a technical
workforce.
``(iv) The development and execution of
programs to rapidly award certificates or
credentials recognized by regional industries
or other organizations.
``(v) The matching of regional employers
with a potential new entrant, underemployed,
underrepresented, or incumbent workforce.
``(vi) The expansion of successful training
programs at a scale required by the region
served by the regional technology and
innovation hub, including through the use of
online education and mentoring.
``(vii) The development and expansion of
programs with the goal of increasing the
participation of persons historically
underrepresented in STEM and manufacturing in
the workforce development plans of the regional
technology and innovation hub.
``(B) Business and entrepreneur development
activities.--Business and entrepreneur development
activities, including activities relating to the
following:
``(i) The development and growth of local
regional businesses and the training of
entrepreneurs.
``(ii) The support of technology
commercialization, including funding for
activities relevant for advancing high growth
potential ventures such as acceleration,
incubation, early-stage production and other
relevant programming.
``(iii) The development of local and
regional capital networks and consortia to
attract necessary private funding to businesses
and entrepreneurs in the region.
``(iv) The development of local and
regional networks for business and entrepreneur
mentorship.
``(v) The expansion of employee and worker
ownership and participation in business
decisionmaking, including through coordination
and collaboration with worker cooperative
membership associations and existing local and
state employee ownership and cooperative
development centers, or the creation of such
centers where they do not yet exist, in order
to provide information, technical assistance,
access to financing, and training to startups,
contractors, and businesses that are
considering employee ownership as a model, and
to facilitate the creation of and conversion to
employee-owned startups, businesses, and
cooperatives.
``(C) Technology development and maturation
activities.--Technology maturation activities,
including activities relating to the following:
``(i) The development and deployment of
technologies in sectors critical to the region
served by the regional technology and
innovation hub or to national and economic
security, including industry-university
research cooperation, proof of concept,
prototype development, testing, and scale-up
for manufacturing.
``(ii) The development of programming to
support the creation and transfer of
intellectual property into private use, such as
through startup creation.
``(iii) The provision of facilities for
technology maturation, including incubators and
production testbeds for collaborative
development of technologies by private sector,
academic, nonprofit, and other entities.
``(iv) Activities to provide or ensure
access to capital for new business and
cooperative formation and business expansion,
or preservation of existing businesses through
conversion to employee ownership and
cooperatives, including by attracting new
private, public, and philanthropic investment
and by establishing local and regional venture
and loan funds, community development financial
institutions, and minority depository
institutions.
``(D) Infrastructure-related activities.--The
building of facilities and site connectivity
infrastructure necessary to carry out activities
described in subparagraphs (A), (B), and (C), including
activities relating to the following:
``(i) Establishing a center with required
tools and instrumentation for workforce
development.
``(ii) Establishing a facility for
technology development, demonstration, and
testing.
``(iii) Establishing collaborative
incubators to support technology
commercialization and entrepreneur training.
``(3) Term.--
``(A) Initial performance period.--The term of an
initial grant or cooperative agreement awarded under
this subsection shall be for a period that the
Secretary deems appropriate for the proposed activities
but not less than 2 years.
``(B) Subsequent performance period.--The Secretary
may renew a grant or cooperative agreement awarded to a
regional technology and innovation hub under paragraph
(1) for such period as the Secretary considers
appropriate, if the Secretary determines that the
regional technology and innovation hub has made
satisfactory progress towards the metrics agreed to
under subsection (j).
``(C) Flexible approach.--In renewing a grant or
cooperative agreement under subparagraph (B), the
Secretary and the eligible consortium may agree to new
or additional uses of funds in order to meet changes in
the needs of the region.
``(4) Limitation on amount of awards.--
``(A) Initial performance period.--The amount of an
initial grant or cooperative agreements awarded to a
regional technology and innovation hub under paragraph
(3)(A) shall be no more than $150,000,000.
``(B) Subsequent performance period.--Upon renewal
of a grant or cooperative agreement under paragraph
(3)(B), the Secretary may award funding in the amount
that the Secretary considers appropriate, ensuring that
no single regional technology and innovation hub
receives more than 15 percent of the aggregate amount
of the grants and cooperative agreements awarded under
this subsection.
``(5) Matching required.--
``(A) Initial performance period.--Except in the
case of a regional technology and innovation hub
described in subparagraph (C), the total amount of all
grants awarded to a regional technology and innovation
hub under this subsection in phase one shall not exceed
90 percent of the total operating costs of the regional
technology and innovation hub during the initial
performance period.
``(B) Subsequent performance period.--Except in the
case of a regional technology and innovation hub
described in subparagraph (C), the total amount of all
grants awarded to a regional technology and innovation
hub in subsequent performance periods shall not exceed
75 percent of the total operating costs of the regional
technology and innovation hub in each year of the grant
or cooperative agreement.
``(C) Rural communities or underserved communities
and indian tribes.--
``(i) In general.--The total Federal
financial assistance awarded in a given year to
a regional technology and innovation hub under
this subsection shall not exceed amounts as
follows:
``(I) In the case of a regional
technology and innovation hub that
primarily serves a rural community or
other underserved community, in a
fiscal year, 90 percent of the total
funding of the regional technology and
innovation hub in that fiscal year.
``(II) In the case of a regional
technology and innovation hub that is
led by a Tribal government, in a fiscal
year, 100 percent of the total funding
of the regional technology and
innovation hub in that fiscal year.
``(ii) Minimum threshold of rural
representation.--For purposes of clause (i)(I),
the Secretary shall establish a minimum
threshold of rural representation and other
underserved community representation in the
regional technology and innovation hub.
``(D) In-kind contributions.--For purposes of this
paragraph, in-kind contributions may be used for part
of the non-Federal share of the total funding of a
regional technology and innovation hub in a fiscal
year.
``(6) Grants for infrastructure.--Any grant or cooperative
agreement awarded under this subsection to support the
construction of facilities and site connectivity infrastructure
shall be awarded pursuant to section 201 of the Public Works
and Economic Development Act of 1965 (42 U.S.C. 3141) and
subject to the provisions of such Act, except that subsection
(b) of such section and sections 204 and 301 of such Act (42
U.S.C. 3144; 3161) shall not apply.
``(7) Relation to certain grant awards.--The Secretary
shall not require a regional technology and innovation hub to
receive a grant or cooperative agreement under subsection (e)
in order to receive a grant or cooperative agreement under this
subsection.
``(g) Applications.--An eligible consortium seeking designation as
a regional technology and innovation hub under subsection (d) or a
grant or cooperative agreement under subsection (e) or (f) shall submit
to the Secretary an application therefore at such time, in such manner,
and containing such information as the Secretary may specify.
``(h) Considerations for Designation and Award of Strategy
Implementation Grants and Cooperative Agreements.--In selecting an
eligible consortium that submitted an application under subsection (g)
for designation under subsection (d) or for a grant or cooperative
agreement under subsection (f), the Secretary shall consider the
following:
``(1) The potential of the eligible consortium to advance
the research, development, deployment, and domestic
manufacturing of technologies in a technology or innovation
sector critical to national and economic security.
``(2) The likelihood of positive regional economic effect,
including increasing the number of high wage domestic jobs,
creating new economic opportunities for economically
disadvantaged and underrepresented populations, promoting
employee and worker ownership, and advancing models of local
and cooperative economic development that build and retain
wealth in the region.
``(3) How the eligible consortium plans to integrate with
and leverage the resources of 1 or more federally funded
research and development centers, National Laboratories,
Federal laboratories, Manufacturing USA institutes, Hollings
Manufacturing Extension Partnership centers, or other Federal
entities.
``(4) How the eligible consortium will engage with the
private sector, including small- and medium-sized businesses
and cooperatives, and employee-owned businesses and
cooperatives, to commercialize new technologies and improve the
resiliency and sustainability of domestic supply chains in a
technology or innovation sector critical to national and
economic security.
``(5) How the eligible consortium will carry out workforce
development and skills acquisition programming, including
through partnerships with entities that include State and local
workforce development boards, institutions of higher education,
including community colleges, historically Black colleges and
universities, Tribal colleges and universities, and minority-
serving institutions, labor organizations, worker cooperative
membership associations, state or local employee ownership and
cooperative development centers, workforce development
programs, and other related activities authorized by the
Secretary, to support the development of a skilled technical
workforce for the regional technology and innovation hub.
``(6) How the eligible consortium will improve or expand
science, technology, engineering, and mathematics education
programs and opportunities in the identified region in
elementary and secondary school and higher education
institutions located in the identified region.
``(7) How the eligible consortium plans to develop
partnerships with venture development organizations, community
development financial institutions and minority depository
institutions, and sources of private investment in support of
private sector activity, including launching new or expanding
existing companies.
``(8) How the eligible consortium plans to organize the
activities of regional partners across sectors in support of a
regional technology and innovation hub.
``(9) How the eligible consortium plans to procure as many
goods, services, food, and supplies as is practicable from
locally-owned, employee-owned, minority-owned, and women-owned
businesses and cooperatives in conducting hub activities, and
how individual consortium members, as applicable, plan to do
the same.
``(10) How the consortium plans to collaborate with local
and community development financial institutions and minority
depository institutions to expand the supply of such
procurement options, including by creating business plans and
plans for financing businesses and cooperatives that do not yet
exist, and how the consortium plans to encourage entities
created as a result of hub activities to follow such practices.
``(11) How the eligible consortium will ensure that growth
in technology, innovation, and advanced manufacturing sectors
produces opportunity across the identified region, including
for economically disadvantaged, minority, and rural
populations, including consideration of how the eligible
consortium takes into account the relevant impact of regional
status and plans for--
``(A) available affordable housing stock and
housing policies;
``(B) local and regional transportation systems;
``(C) high speed internet access; and
``(D) primary and secondary education.
``(12) How much the regions educational institutions are
committed to aligning their activities, including research and
education, as appropriate, to a region's economic strengths and
areas of focus.
``(13) The likelihood efforts served by the consortium will
be sustained once Federal support ends.
``(i) Coordination and Collaboration.--
``(1) Coordination with regional innovation program.--The
Secretary shall ensure the activities under this section do not
duplicate activities or efforts under section 27.
``(2) Coordination among hubs.--The Secretary shall ensure
eligible consortia that receive a grant or cooperative
agreement under this section coordinate and share best
practices for regional economic development.
``(3) Coordination with programs of the national institute
of standards and technology.--The Secretary shall coordinate
the activities of regional technology and innovation hubs
designated under this section, the Hollings Manufacturing
Extension Partnership, and the Manufacturing USA Program, as
the Secretary considers appropriate, to maintain the
effectiveness of a manufacturing extension center or a
Manufacturing USA institute.
``(4) Coordination with department of energy programs.--The
Secretary shall, in collaboration with the Secretary of Energy,
coordinate the activities and selection of regional technology
and innovation hubs designated under this section, as the
Secretaries consider appropriate, to maintain the effectiveness
of activities at the Department of Energy and the National
Laboratories.
``(5) Interagency collaboration.--In designating regional
technology and innovation hubs under subsection (d) and
awarding grants or cooperative agreements under subsection (f),
the Secretary--
``(A) shall collaborate with Federal departments
and agencies whose missions contribute to the goals of
the regional technology and innovation hub, and
relevant interagency initiatives such as the
Interagency Working Group for Cooperative Development;
``(B) shall consult with the Director of the
National Science Foundation for the purpose of ensuring
that the regional technology and innovation hubs are
aligned with relevant science, technology, and
engineering expertise; and
``(C) may accept funds from other Federal agencies
to support grants, cooperative agreements, and
activities under this section.
``(j) Performance Measurement, Transparency, and Accountability.--
``(1) Metrics, standards, and assessment.--For each grant
and cooperative agreement awarded under subsection (f) for a
regional technology and innovation hub, the Secretary shall--
``(A) in consultation with the regional technology
and innovation hub, develop metrics, which may include
metrics relating to domestic job creation, patent
awards, increases in research funding, business
formation and expansion, and participation of
individuals or communities historically
underrepresented in STEM, to assess the effectiveness
of the activities funded in making progress toward the
purposes set forth under subsection (b)(1);
``(B) establish standards for the performance of
the regional technology and innovation hub that are
based on the metrics developed under subparagraph (A);
and
``(C) prior to any award made under a subsequent
performance period in subsection (f) and every 2 years
thereafter until Federal financial assistance under
this section for the regional technology and innovation
hub is discontinued, conduct an assessment of the
regional technology and innovation hub to confirm
whether the performance of the regional technology and
innovation hub is meeting the standards for performance
established under subparagraph (B) of this paragraph.
``(2) Final reports by recipients of strategy
implementation grants and cooperative agreements.--
``(A) In general.--The Secretary shall require each
eligible consortium that receives a grant or
cooperative agreement under subsection (f) for
activities of a regional technology and innovation hub,
as a condition of receipt of such grant or cooperative
agreement, to submit to the Secretary, not later than
120 days after the last day of the term of the grant or
cooperative agreement, a report on the activities of
the regional technology and innovation hub supported by
the grant or cooperative agreement.
``(B) Contents of report.--Each report submitted by
an eligible consortium under subparagraph (A) shall
include the following:
``(i) A detailed description of the
activities carried out by the regional
technology and innovation hub using the grant
or cooperative agreement described in
subparagraph (A), including the following:
``(I) A description of each project
the regional technology and innovation
hub completed using such grant or
cooperative agreement.
``(II) An explanation of how each
project described in subclause (I)
achieves a specific goal under this
section in the region of the regional
technology and innovation hub with
respect to--
``(aa) the resiliency and
sustainability of a supply
chain;
``(bb) research,
development, and deployment of
a critical technology;
``(cc) workforce training
and development;
``(dd) domestic job
creation;
``(ee) entrepreneurship and
company formation, including
the number of businesses
created or preserved through
employee ownership and
cooperative development;
``(ff) commercialization;
``(gg) access to private
capital; or
``(hh) participation of
individuals or communities
historically underrepresented
in STEM.
``(ii) A discussion of any obstacles
encountered by the regional technology and
innovation hub in the implementation of the
regional technology and innovation hub and how
the regional technology and innovation hub
overcame those obstacles.
``(iii) An evaluation of the success of the
projects of the regional technology and
innovation hub using the performance standards
and measures established under paragraph (1),
including an evaluation of the planning process
and how the project contributes to carrying out
the regional innovation strategy of the
regional technology and innovation hub.
``(iv) The effectiveness of the regional
technology and innovation hub in ensuring that,
in the region of the regional technology and
innovation hub, growth in technology and
innovation sectors produces broadly shared
opportunity across the region, including for
economic disadvantaged and underrepresented
populations and rural areas.
``(v) Information regarding such other
matters as the Secretary may require.
``(3) Interim reports by recipients of grants and
cooperative agreements.--In addition to requiring submittal of
final reports under paragraph (2)(A), the Secretary may require
a regional technology and innovation hub described in such
paragraph to submit to the Secretary such interim reports as
the Secretary considers appropriate.
``(4) Annual reports to congress.--Not less frequently than
once each year, the Secretary shall submit to the appropriate
committees of Congress an annual report on the results of the
assessments conducted by the Secretary under paragraph (1)(C)
during the period covered by the report.
``(k) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary--
``(1) $50,000,000 to award grants and cooperative
agreements under subsection (e) for the period of fiscal years
2022 through 2026;
``(2) $2,000,000,000 to award grants and cooperative
agreements under subsection (f) for the period of fiscal years
2022 and 2023; and
``(3) $4,800,000,000 to award grants and cooperative
agreements under subsection (f) for the period of fiscal years
2024 through 2026.
``(l) Administration.--The Secretary may use funds made available
to carry out this section for administrative costs under this
section.''.
(b) Initial Designations and Awards.--
(1) Competition required.--Not later than 1 year after the
date of the enactment of this section, subject to the
availability of appropriations, the Secretary of Commerce shall
commence a competition under subsection (d)(1) of section 28 of
the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3723) as added by subsection (a).
(2) Designation and award.--Not later than 1 year after the
date of the enactment of this section, if the Secretary has
received at least 1 application under subsection (g) of section
28 of the Stevenson-Wydler Technology Innovation Act of 1980
(15 U.S.C. 3723) from an eligible consortium whom the Secretary
considers suitable for designation under subsection (d)(1) of
such section, the Secretary shall--
(A) designate at least 1 regional technology and
innovation hub under subsection (d)(1) of such section;
and
(B) award a grant or cooperative agreement under
subsection (f)(1) of such section to each regional
technology and innovation hub designated pursuant to
subparagraph (A) of this paragraph.
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 section 2 of the Energy
Policy Act of 2005 (42 2 U.S.C. 15801).
``(6) Clean energy technology.--The term `clean energy
technology' means a technology that significantly reduces
energy use, increases energy efficiency, reduces greenhouse gas
emissions, reduces emissions of other pollutants, or mitigates
other negative environmental consequences of energy production,
transmission or use.
``(b) In General.--The Secretary shall establish a Regional Clean
Energy Innovation Program, a research, development, demonstration, and
commercial application program designed to enhance the economic,
environmental, and energy security of the United States and accelerate
the pace of innovation of diverse clean energy technologies through the
formation or support of regional clean energy innovation partnerships
that--
``(1) account for the diverse domestic energy resources
available throughout the United States;
``(2) are responsive to the needs of industry, workforce,
policy landscape, and clean energy innovation capabilities of
the region in which such partnership is located;
``(3) enhance and accelerate clean energy innovation;
``(4) are located in diverse geographic regions of the
United States, including United States territories; and
``(5) maximize the opportunities for cooperation between
institutes of higher education, industry, State and local
governments, and nonprofit research institutions with shared
areas of energy expertise.
``(c) Purposes of the Program.--The purposes of the Program
established under subsection (b) are to--
``(1) improve the competitiveness of United States' clean
energy technology research, development, demonstration, and
commercial application; and
``(2) support the development of tools and technologies
best suited for use in diverse regions of the United States,
including in rural, tribal, and low-income communities.
``(d) Regional Clean Energy Innovation Partnerships.--
``(1) In general.--The Secretary shall competitively award
grants to covered consortia to establish or support regional
clean energy innovation partnerships that achieve the purposes
of the Program in subsection (c).
``(2) Permissible activities.--Grants awarded under this
subsection shall be used for activities determined appropriate
by the Secretary to achieve the purposes of the Program in
subsection (c), including--
``(A) facilitating the commercial application of
clean energy products, processes, and services,
including through research, development, demonstration,
or technology transfer;
``(B) planning among participants of a regional
clean energy innovation partnership to improve the
strategic and cost-effective coordination of the
partnership;
``(C) improving stakeholder involvement in the
development of goals and activities of a regional clean
energy innovation partnership;
``(D) assessing different incentive mechanisms for
clean energy development and commercial application in
the region;
``(E) hosting events and conferences; and
``(F) establishing and updating roadmaps to measure
progress on relevant goals, such as those relevant to
metrics developed under subsection (g).
``(3) Applications.--Each application submitted to the
Secretary under paragraph (1) may include--
``(A) a list of members and roles of members of the
covered consortia, as well as any other stakeholders
supporting the activities of the regional clean energy
innovation partnership;
``(B) a description of the proposed outcomes of the
regional clean energy innovation partnership;
``(C) an assessment of the relevant clean energy
innovation assets needed in a region to achieve
proposed outcomes, such as education and training
programs, research facilities, infrastructure or site
development, access to capital, manufacturing
capabilities, or other assets;
``(D) a description of proposed activities that the
regional clean energy innovation partnership plans to
undertake and how the proposed activities will achieve
the purposes described in subsection (c) and the
proposed outcomes in subparagraph (B);
``(E) a description of the geographical region that
will engage in the regional clean energy innovation
partnership;
``(F) a plan for attracting additional funds and
identification of funding sources from non-Federal
sources to deliver the proposed outcomes of the
regional clean energy innovation partnership;
``(G) a plan for partnering and collaborating with
community development financial institutions and
minority depository institutions, labor organizations
and community groups, worker cooperative membership
associations, local and state employee ownership and
cooperative development centers, and other local
institutions in order to promote employee, community,
and public ownership in the clean energy sector, and
advance models of local economic development that build
and retain wealth in the region;
``(H) a plan for sustaining activities of the
regional clean energy innovation partnership after
funds received under this program have been expended;
and
``(I) a proposed budget, including financial
contributions from non-Federal sources.
``(4) Considerations.--In selecting covered consortia for
funding under the Program, the Secretary shall, to the maximum
extent practicable--
``(A) give special consideration to applications
fromrural, tribal, and low-income communities; and
``(B) ensure that there is geographic diversity
among the covered consortia selected to receive
funding.
``(5) Award amount.--Grants given out under this Program
shall be in an amount not greater than $10,000,000, with the
total grant award in any year less than that in the previous
year.
``(6) Cost share.--For grants that are disbursed over the
course of three or more years, the Secretary shall require, as
a condition of receipt of funds under this section, that a
covered consortium provide not less than 50 percent of the
funding for the activities of the regional clean energy
partnership under this section for years 3, 4, and 5.
``(7) Duration.--Each grant under paragraph shall be for a
period of not longer than 5 years.
``(8) Renewal.--A grant awarded under this section may be
renewed for a period of not more than 5 years, subject to a
rigorous merit review based on the progress of a regional clean
energy innovation partnership towards achieving the purposes of
the program in subsection (c) and the metrics developed under
subsection (g).
``(9) Termination.--Consistent with the existing
authorities of the Department, the Secretary may terminate
grant funding under this subsection to covered consortia during
the performance period if the Secretary determines that the
regional clean energy innovation partnership is
underperforming.
``(10) Administrative costs.--The Secretary may allow a
covered consortium that receives funds under this section to
allocate a portion of the funding received to be used for
administrative or indirect costs.
``(11) Funding.--The Secretary may accept funds from other
Federal agencies to support funding and activities under this
section.
``(e) Planning Funds.--The Secretary may competitively award grants
in an amount no greater than $2,000,000 for a period not longer than 2
years to an entity consisting of a government entity, including a
State, territorial, local, or tribal government or unit of such
government or any entity listed under subsection (a)(2) to plan a
regional clean energy innovation partnership or establish a covered
consortium for the purpose of applying for funds under subsection (b).
``(f) Information Sharing.--As part of the program, the Secretary
shall support the gathering, analysis, and dissemination of information
on best practices for developing and operating successful regional
clean energy innovation partnerships.
``(g) Metrics.--In evaluating a grant renewals under subsection
(d)(8), the Secretary shall work with program evaluation experts to
develop and make publicly available metrics to assess the progress of a
regional clean energy innovation partnership towards achieving the
purposes of the program in subsection (c). Such metrics may include--
``(1) the number and quality of--
``(A) new clean energy companies created in the
region as a result of activities carried out under the
regional clean energy innovation partnership, including
those created or preserved through employee ownership
and cooperative development;
``(B) new or expanded workforce development or
training programs; and
``(C) support services provided to clean energy
technology developers in the region;
``(2) changes in clean energy employment in the region as a
result of activities carried out under the regional clean
energy innovation partnership; and
``(3) the amount of capital investment in clean energy
companies in the region as a result of activities carried out
under the regional clean energy innovation partnership grant.
``(h) Coordination.--In carrying out the program, the Secretary
shall coordinate with, and avoid unnecessary duplication of, the
activities carried out under this section with the activities of--
``(1) other research entities of the Department, including
the National Laboratories, the Office of Science, the Advanced
Research Projects Agency-Energy, the Office of Technology
Transitions, Energy Innovation Hubs, and Energy Frontier
Research Centers; and
``(2) relevant programs at other Federal agencies,
including--
``(A) the Office of Innovation and Entrepreneurship
under the Economic Development Administration,
including the Regional Innovation Program under section
27 of the Stevenson-Wydler Technology Innovation Act of
1980 (15 U.S.C. 3722);
``(B) the Hollings Manufacturing Extension
Partnership Program under section 25 of the National
Institute of Standards and Technology Act (15 U.S.C.
278k);
``(C) the Manufacturing USA Program under section
34 of the National Institute of Standards and
Technology Act (15 U.S.C. 278s);
``(D) the Defense Manufacturing Communities Support
Program under section 846 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(10 U.S.C. 2501 note);
``(E) the Office of Economic Adjustment at the
Department of Defense; and
``(F) Rural Development at the United States
Department of Agriculture.
``(i) Conflicts of Interest.--In carrying out the program, the
Secretary shall maintain conflict of interest procedures, consistent
with the conflict of interest procedures of the Department.
``(j) Evaluation by Comptroller General.--Not later than 3 years
after the date of the enactment of the America COMPETES Act of 2022,
and again 3 years later, the Comptroller General shall submit to the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate an evaluation on the operation of the program during the
most recent 3-year period, including--
``(1) an assessment of the progress made towards achieving
the purposes specified in subsection (c) based on the metrics
developed under subsection (g);
``(2) the short-term and long-term metrics used to
determine the success of the program under subsection (g), and
any changes recommended to the metrics used;
``(3) the regional clean energy innovation partnerships
established or supported by covered consortia that have
received grants under subsection (d); and
``(4) any recommendations on how the program may be
improved.
``(k) National Laboratories.--In supporting technology transfer
activities at the National Laboratories, the Secretary shall encourage
partnerships with entities that are located in the same region or State
as the National Laboratory.
``(l) Security.--In carrying out the activities under this section,
the Secretary shall ensure proper security controls are in place to
protect sensitive information, as appropriate.
``(m) No Funds for Construction.--No funds provided to the
Department of Energy under this section shall be used for construction.
``(n) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section $50,000,000 for
each of fiscal years 2022 through 2026.''.
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.);
(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.
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.''.
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) Microelectronics.--The term ``microelectronics'' refers
to semiconductors and related materials, processing
chemistries, design, fabrication, lithography, packaging,
sensors, devices, integrated circuits, processors, computing
architectures, modeling and simulation, software tools, and
related technologies.
(5) Minority serving institution.--The term ``minority
serving institution'' includes the entities described in any of
the paragraphs (1) through (7) of section 371(a) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(a)).
(6) National laboratory.--The term ``National Laboratory''
has the meaning given the term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(7) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(8) Skilled technical workforce.--The term ``skilled
technical workforce'' has the meaning given such term in
section 4(b) of the Innovations in Mentoring, Training, and
Apprenticeships Act (42 U.S.C. 1862p).
(9) STEM.--The term ``STEM'' means the field or disciplines
listed in section 2 of the STEM Education Act of 2015 (42
U.S.C. 6621 note).
(10) Tribal college and university.--The term ``Tribal
College and University'' has the meaning given in section 316
of the Higher Education Act of 1965 (20 U.S.C. 1059c).
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 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;
(8) in coordination with other relevant initiatives at the
Department, methods to improve the lifetime, maintenance,
decommissioning, recycling, reuse, and sustainability of
microelectronics components and systems, including technologies
and strategies that reduce the use of energy, water, critical
materials, and other commodities that are determined to be
vulnerable to disruption; and
(9) methods and techniques for domestic processing of
materials for microelectronics and their components.
(c) Eligible Entities.--The entities eligible to receive financial
assistance under this section include--
(1) an institution of higher education, including
historically Black colleges and universities, Tribal colleges
and universities, and minority serving institutions;
(2) a nonprofit research organization;
(3) a State research agency;
(4) a National Laboratory;
(5) a private commercial entity;
(6) a partnership or consortium of 2 or more entities
described in paragraphs (1) through (5); and
(7) any other entities the Secretary deems appropriate.
(d) Technology Transfer.--In carrying out the program described in
subsection (a), the Secretary, in coordination with the Director of the
Office of Technology Transitions, and in consultation with the private
sector, shall support translational research and transfer of
microelectronics technologies and identify emerging research and
development needs of industry and government for the benefit of United
States economic competitiveness.
(e) Workforce Development.--In carrying out the program under
subsection (a), the Secretary shall support--
(1) workforce development through the existing authorities
and mechanisms available to the Department, including
internships, fellowships, individual investigator grants, and
other activities the Secretary deems appropriate; and
(2) education and outreach activities to disseminate
information and promote understanding of microelectronics and
related fields among students at K-12, undergraduate, and
graduate levels. Such activities may include educational
programming with an emphasis on experiential and project-based
learning. The Secretary shall consult with the Director of the
National Science Foundation on activities carried out this
paragraph.
(f) Outreach.--In carrying out activities under subsection (e), the
Secretary shall ensure program outreach to recruit applicants and
engage participants from all regions of the country, especially
underserved communities and groups historically underrepresented in
STEM.
(g) Report.--Not less than 180 days after the enactment of this
Act, the Secretary shall submit to the Committee on Science, Space, and
Technology of the House of Representatives, and the Committee on Energy
and Natural Resources of the Senate, a report describing the goals,
priorities, and anticipated outcomes of the program described in
subsection (a).
(h) Funding.--There are authorized to be appropriated to the
Secretary to carry out the activities described in this section--
(1) $75,000,000 for fiscal year 2022;
(2) $100,000,000 for fiscal year 2023;
(3) $100,000,000 for fiscal year 2024;
(4) $100,000,000 for fiscal year 2025; and
(5) $100,000,000 for fiscal year 2026.
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.
(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.
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.
Subtitle H--Better Energy Storage Technology
SEC. 10681. LONG-DURATION DEMONSTRATION INITIATIVE AND JOINT PROGRAM.
(a) Authorization of Appropriations.--Section 3201(h)(3) of the
Energy Act of 2020 (42 U.S.C. 17232(h)(3)) is amended by striking
``$30,000,000 for each of fiscal years 2021 through 2025'' and
inserting ``$45,000,000 for each of fiscal years 2022 through 2026''.
(b) Technical Correction.--Effective as of the enactment of the
Infrastructure Investment and Jobs Act, section 40334 of such Act is
amended by striking ``Energy Policy Act of 2020'' and inserting
``Energy Act of 2020''.
Subtitle I--SBIR, STTR, and Pilot Extensions
SEC. 10691. SMALL BUSINESS INNOVATION PROGRAMS AND PILOT EXTENSIONS.
Section 9 of the Small Business Act (15 U.S.C. 638) is amended by
striking ``2022'' each place it appears and inserting ``2027''.
Subtitle J--Coastal and Ocean Acidification Stressors and Threats
Research
SEC. 10701. SHORT TITLE.
This subtitle may be cited as the ``Coastal and Ocean Acidification
Stressors and Threats Research Act of 2021'' or the ``COAST Research
Act of 2021''.
SEC. 10702. PURPOSES.
(a) In General.--Section 12402(a) of the Federal Ocean
Acidification Research and Monitoring Act of 2009 (33 U.S.C. 3701(a))
is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``development and coordination'' and inserting
``coordination and implementation'';
(B) in subparagraph (A), by striking
``acidification on marine organisms'' and inserting
``acidification and coastal acidification on marine
organisms''; and
(C) in subparagraph (B), by striking ``establish''
and all that follows through the semicolon and
inserting ``maintain and advise an interagency
research, monitoring, and public outreach program on
ocean acidification and coastal acidification;'';
(2) in paragraph (2), by striking ``establishment'' and
inserting ``maintenance'';
(3) in paragraph (3), by inserting ``and coastal
acidification'' after ``ocean acidification''; and
(4) in paragraph (4), by inserting ``and coastal
acidification that take into account other environmental and
anthropogenic stressors'' after ``ocean acidification''.
(b) Technical and Conforming Amendment.--Section 12402 of the
Federal Ocean Acidification Research and Monitoring Act of 2009 (33
U.S.C. 3701(a)) is amended by striking ``(a) Purposes.--''.
SEC. 10703. DEFINITIONS.
Section 12403 of the Federal Ocean Acidification Research and
Monitoring Act of 2009 (33 U.S.C. 3702) is amended--
(1) in paragraph (1), by striking ``of the Earth's oceans''
and all that follows before the period at the end and inserting
``and changes in the water chemistry of the Earth's oceans,
coastal estuaries, and waterways caused by carbon dioxide from
the atmosphere and the breakdown of organic matter'';
(2) in paragraph (3), by striking ``Joint Subcommittee on
Ocean Science and Technology of the National Science and
Technology Council'' and inserting ``National Science and
Technology Council Subcommittee on Ocean Science and
Technology'';
(3) by redesignating paragraphs (1), (2), and (3) as
paragraphs (2), (3), and (4), respectively;
(4) by inserting before paragraph (2), as so redesignated,
the following new paragraph:
``(1) Coastal acidification.--The term `coastal
acidification' means the combined decrease in pH and changes in
the water chemistry of coastal oceans, estuaries, and other
bodies of water from chemical inputs (including carbon dioxide
from the atmosphere), freshwater inputs, and excess nutrient
run-off from land and coastal atmospheric pollution that result
in processes that release carbon dioxide, acidic nitrogen, and
sulfur compounds as byproducts which end up in coastal
waters.''; and
(5) by adding at the end the following new paragraph:
``(5) State.--The term `State' means each State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, American Samoa, Guam, the Commonwealth of the
Northern Mariana Islands, the Virgin Islands of the United
States, and any other territory or possession of the United
States.''.
SEC. 10704. INTERAGENCY WORKING GROUP.
Section 12404 of the Federal Ocean Acidification Research and
Monitoring Act of 2009 (33 U.S.C. 3703) is amended--
(1) in the heading, by striking ``subcommittee'' and
inserting ``working group'';
(2) in subsection (a)--
(A) in paragraph (1), by striking ``Joint
Subcommittee on Ocean Science and Technology of the
National Science and Technology Council shall
coordinate Federal activities on ocean acidification
and establish'' and insert ``Subcommittee shall
establish and maintain'';
(B) in paragraph (2), by striking ``Wildlife
Service,'' and inserting ``Wildlife Service, the Bureau
of Ocean Energy Management, the Environmental
Protection Agency, the Department of Agriculture, the
Department of State, the Department of Energy, the
Department of the Navy, the National Park Service, the
Bureau of Indian Affairs, the National Institute of
Standards and Technology, the Smithsonian
Institution,''; and
(C) in paragraph (3), in the heading, by striking
``Chairman'' and inserting ``Chair'';
(3) in subsection (b)--
(A) in paragraph (1), by inserting ``, including
the efforts of the National Oceanic and Atmospheric
Administration to facilitate such implementation''
after ``of the plan'';
(B) in paragraph (2)--
(i) in subparagraph (A), by inserting ``and
coastal acidification'' after ``ocean
acidification''; and
(ii) in subparagraph (B), by inserting
``and coastal acidification'' after ``ocean
acidification'';
(C) in paragraph (4), by striking ``; and'' and
inserting a semicolon;
(D) in paragraph (5)--
(i) by striking ``developed'' and inserting
``and coastal acidification developed''; and
(ii) by striking the period at the end and
inserting ``and coastal acidification; and'';
and
(E) by adding at the end the following new
paragraph:
``(6) ensure that each of the Federal agencies represented
on the interagency working group--
``(A) participates in the Ocean Acidification
Information Exchange established under paragraph (5);
and
``(B) delivers data and information to support the
data archive system established under section
12406(d).'';
(4) in subsection (c), in paragraph (2)--
(A) by inserting ``, and to the Office of
Management and Budget,'' after ``House of
Representatives''; and
(B) in subparagraph (B), by striking ``the
interagency research'' and inserting ``interagency
strategic research'';
(5) by redesignating subsection (c) as subsection (d); and
(6) by inserting after subsection (b) the following:
``(c) Advisory Board.--
``(1) Establishment.--The Chair of the Subcommittee shall
establish an Ocean Acidification Advisory Board.
``(2) Duties.--The Advisory Board shall--
``(A) not later than 180 days before the
Subcommittee submits the most recent report under
subsection (d)(2)--
``(i) review such report;
``(ii) submit an analysis of such report to
the Subcommittee for consideration in the final
report submitted under subsection (d)(2); and
``(iii) concurrently with the
Subcommittee's final submission of the report
under subsection (d)(2), the Advisory Board
shall submit a copy of the analysis provided to
the Subcommittee to the Committee on Commerce,
Science, and Transportation of the Senate, the
Committee on Science, Space, and Technology of
the House of Representatives, and the Committee
on Natural Resources of the House of
Representatives;
``(B) not later than 180 days before the
Subcommittee submits the most recent strategic research
plan under subsection (d)(3) to Congress--
``(i) review such plan;
``(ii) submit an analysis of such plan and
the implementation thereof to the Subcommittee
for consideration in the final strategic
research plan submitted under subsection
(d)(3); and
``(iii) concurrently with the
Subcommittee's final submission of the
strategic research plan under subsection
(d)(3), the Advisory Board shall submit a copy
of the analysis provided to the Subcommittee to
the Committee on Commerce, Science, and
Transportation of the Senate, the Committee on
Science, Space, and Technology of the House of
Representatives, and the Committee on Natural
Resources of the House of Representatives;
``(C) provide ongoing advice to the Subcommittee
and the interagency working group on matters related to
Federal activities on ocean acidification and coastal
acidification;
``(D) advise the Subcommittee and the interagency
working group on--
``(i) efforts to coordinate research and
monitoring activities related to ocean
acidification and coastal acidification; and
``(ii) the best practices for the standards
developed for data archiving under section
12406(e);
``(E) publish in the Federal Register a charter;
``(F) provide the Library of Congress with--
``(i) the charter described in subparagraph
(E);
``(ii) any schedules and minutes for
meetings of the Advisory Board;
``(iii) any documents that are approved by
the Advisory Board; and
``(iv) any reports and analysis prepared by
the Advisory Board; and
``(G) establish a publicly accessible web page on
the website of the National Oceanic and Atmospheric
Administration, that contains the information described
in clauses (i) through (iv) of subparagraph (F).
``(3) Membership.--The Advisory Board shall consist of 24
members as follows:
``(A) Two representatives of the shellfish and crab
industry.
``(B) One representative of the finfish industry.
``(C) One representative of seafood processors.
``(D) Three representatives from academia,
including both natural and social sciences.
``(E) One representative of recreational fishing.
``(F) One representative of a relevant
nongovernmental organization.
``(G) Six representatives from relevant State,
local, and Tribal governments.
``(H) One representative from the Alaska Ocean
Acidification Network or a subsequent entity that
represents the same geographical region and has a
similar purpose.
``(I) One representative from the California
Current Acidification Network or a subsequent entity
that represents the same geographical region and has a
similar purpose.
``(J) One representative from the Northeast Coastal
Acidification Network or a subsequent entity that
represents the same geographical region and has a
similar purpose.
``(K) One representative from the Southeast Coastal
Acidification Network or a subsequent entity that
represents the same geographical region and has a
similar purpose.
``(L) One representative from the Gulf of Mexico
Coastal Acidification Network or a subsequent entity
that represents the same geographical region and has a
similar purpose.
``(M) One representative from the Mid-Atlantic
Coastal Acidification Network or a subsequent entity
that represents the same geographical region and has a
similar purpose.
``(N) One representative from the Pacific Islands
Ocean Observing System or a subsequent entity that
represents the island territories and possessions of
the United States in the Pacific Ocean, and the State
of Hawaii and has a similar purpose.
``(O) One representative from the Caribbean
Regional Association for Coastal Ocean Observing or a
subsequent entity that represents Puerto Rico and the
United States Virgin Islands and has a similar purpose.
``(P) One representative from the National Oceanic
and Atmospheric Administration shall serve as an ex-
officio member of the Advisory Board without a vote.
``(4) Appointment of members.--The Chair of the
Subcommittee shall--
``(A) appoint members to the Advisory Board (taking
into account the geographical interests of each
individual to be appointed as a member of the Advisory
Board to ensure that an appropriate balance of
geographical interests are represented by the members
of the Advisory Board) who--
``(i) represent the interest group for
which each seat is designated;
``(ii) demonstrate expertise on ocean
acidification or coastal acidification and its
scientific, economic, industry, cultural, and
community impacts; and
``(iii) have a record of distinguished
service with respect to ocean acidification or
coastal acidification, and such impacts;
``(B) give consideration to nominations and
recommendations from the members of the interagency
working group and the public for such appointments; and
``(C) ensure that an appropriate balance of
scientific, industry, and geographical interests are
represented by the members of the Advisory Board.
``(5) Term of membership.--Each member of the Advisory
Board--
``(A) shall be appointed for a 5-year term; and
``(B) may be appointed to more than one term.
``(6) Chair.--The Chair of the Subcommittee shall appoint
one member of the Advisory Board to serve as the Chair of the
Advisory Board.
``(7) Meetings.--Not less than once each calendar year, the
Advisory Board shall meet at such times and places as may be
designated by the Chair of the Advisory Board, in consultation
with the Chair of the Subcommittee and the Chair of the
interagency working group.
``(8) Briefing.--The Chair of the Advisory Board shall
brief the Subcommittee and the interagency working group on the
progress of the Advisory Board as necessary or at the request
of the Subcommittee.
``(9) Federal advisory committee act.--Section 14 of the
Federal Advisory Committee Act shall not apply to the Advisory
Board.''.
SEC. 10705. STRATEGIC RESEARCH PLAN.
Section 12405 of the Federal Ocean Acidification Research and
Monitoring Act of 2009 (33 U.S.C. 3704) is amended--
(1) in subsection (a)--
(A) by striking ``acidification'' each place it
appears and inserting ``acidification and coastal
acidification'';
(B) in the first sentence--
(i) by inserting ``, and not later than
every 5 years thereafter'' after ``the date of
enactment of this Act'';
(ii) by inserting ``address the
socioeconomic impacts of ocean acidification
and coastal acidification and to'' after
``mitigation strategies to''; and
(iii) by striking ``marine ecosystems''
each place it appears and inserting
``ecosystems''; and
(C) in the second sentence, by inserting ``and
recommendations made by the Advisory Board in the
review of the plan required under section
12404(c)(2)(B)(i)'' after ``subsection (d)'';
(2) in subsection (b)--
(A) in paragraph (1), by inserting ``and social
sciences'' after ``among the ocean sciences'';
(B) in paragraph (2)--
(i) in subparagraph (A), by striking
``impacts'' and inserting ``impacts, including
trends of changes in ocean chemistry,'';
(ii) in subparagraph (B)--
(I) by striking ``improve the
ability to assess the'' and inserting
``assess the short-term and long-
term''; and
(II) by striking ``; and'' at the
end and inserting a semicolon;
(iii) by amending subparagraph (C) to read
as follows:
``(C) provide information for the--
``(i) development of adaptation and
mitigation strategies to address the
socioeconomic impacts of ocean acidification
and coastal acidification;
``(ii) conservation of marine organisms and
ecosystems;
``(iii) assessment of the effectiveness of
such adaptation and mitigation strategies;
and''; and
(iv) by adding at the end the following new
subparagraph:
``(D) improve research on--
``(i) ocean acidification and coastal
acidification;
``(ii) the interactions between and effects
of multiple combined stressors including
changes in water chemistry, changes in sediment
delivery, hypoxia, and harmful algal blooms, on
ocean acidification and coastal acidification;
and
``(iii) the effect of environmental
stressors on marine resources and
ecosystems;'';
(C) in paragraph (3)--
(i) in subparagraph (F), by striking
``database development'' and inserting ``data
management'';
(ii) in subparagraph (H) by striking
``and'' at the end; and
(iii) by adding at the end the following
new subparagraphs:
``(J) assessment of adaptation and mitigation
strategies; and
``(K) education and outreach activities;'';
(D) in paragraph (4), by striking ``set forth'' and
inserting ``ensure an appropriate balance of
contribution in establishing'';
(E) in paragraph (5), by striking ``reports'' and
inserting ``the best available peer-reviewed scientific
reports'';
(F) in paragraph (6)--
(i) by inserting ``and coastal
acidification'' after ``ocean acidification'';
and
(ii) by striking ``of the United States''
and inserting ``within the United States'';
(G) in paragraph (7), by striking ``outline budget
requirements'' and inserting ``estimate costs
associated for full implementation of each element of
the plan by fiscal year'';
(H) in paragraph (8)--
(i) by inserting ``and coastal
acidification'' after ``ocean acidification''
each place it appears;
(ii) by striking ``its'' and inserting
``their''; and
(iii) by striking ``; and'' at the end and
inserting a semicolon;
(I) in paragraph (9), by striking the period at the
end and inserting ``; and''; and
(J) by adding at the end the following new
paragraph:
``(11) describe monitoring needs necessary to support
potentially affected industry members, coastal stakeholders,
fishery management councils and commissions, non-Federal
resource managers, and scientific experts on decision-making
and adaptation related to ocean acidification and coastal
acidification.'';
(3) in subsection (c)--
(A) in paragraph (1)(C), by striking ``surface'';
(B) in paragraph (2), by inserting ``and coastal
acidification'' after ``ocean acidification'' each
place it appears;
(C) in paragraph (3)--
(i) by striking ``input, and'' and
inserting ``inputs,'';
(ii) by inserting ``, marine food webs,''
after ``marine ecosystems''; and
(iii) by inserting ``, and modeling that
supports fisheries management'' after ``marine
organisms'';
(D) in paragraph (5), by inserting ``and coastal
acidification'' after ``ocean acidification''; and
(E) by adding at the end the following new
paragraph:
``(8) Research to understand related and cumulative
stressors and other biogeochemical processes occurring in
conjunction with ocean acidification and coastal
acidification.''; and
(4) by striking subsection (e) and inserting the following:
``(e) Advisory Board Evaluation.--Not later than 180 days before a
plan is submitted to Congress, the Subcommittee shall provide the
Advisory Board established under section 12404(c) a copy of the plan
for purposes of review under paragraph (2)(B)(i) of such section.
``(f) Publication and Public Comment.--Not later than 90 days
before the strategic research plan, or any revision thereof, is
submitted to Congress, the Subcommittee shall publish the plan in the
Federal Register and provide an opportunity for submission of public
comments for a period of not less than 60 days.''.
SEC. 10706. NOAA OCEAN ACIDIFICATION ACTIVITIES.
Section 12406 of the Federal Ocean Acidification Research and
Monitoring Act of 2009 (33 U.S.C. 3705) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
inserting ``coordination,'' after ``research,
monitoring,'';
(B) in paragraph (1)--
(i) in subparagraph (B)--
(I) by inserting ``including the
Integrated Ocean Observing System and
the ocean observing assets of other
Federal, State, and Tribal agencies,''
after ``ocean observing assets,''; and
(II) by inserting ``and agency and
department missions, prioritizing the
location of monitoring instruments,
assets, and projects to maximize the
efficiency of resources and to optimize
understanding of socioeconomic impacts
and ecosystem health'' after ``research
program'';
(ii) in subparagraph (C)--
(I) by striking ``adaptation'' and
inserting ``adaptation and
mitigation''; and
(II) by inserting ``and supporting
socioeconomically vulnerable States,
local governments, Tribes, communities,
and industries through technical
assistance and mitigation strategies''
after ``marine ecosystems'';
(iii) in subparagraph (E), by striking
``its impacts'' and inserting ``their
respective impacts'';
(iv) in subparagraph (F), by striking
``monitoring and impacts research'' and
inserting ``research, monitoring, and
adaptation and mitigation strategies''; and
(v) by adding at the end the following new
subparagraph:
``(G) research to improve understanding of the
effect of--
``(i) other environmental stressors on
ocean acidification and coastal acidification;
``(ii) multiple environmental stressors on
living marine resources and coastal ecosystems;
and
``(iii) adaptation and mitigation
strategies to address the socioeconomic impacts
of ocean acidification and coastal
acidification.'';
(C) in paragraph (2), by striking ``critical
research projects that explore'' and inserting
``critical research, education, and outreach projects
that explore and communicate''; and
(D) in paragraphs (1) and (2), by striking
``acidification'' each place it appears and inserting
``acidification and coastal acidification''; and
(2) by adding at the end the following new subsections:
``(c) Relationship to Interagency Working Group.--The National
Oceanic and Atmospheric Administration shall serve as the lead Federal
agency responsible for coordinating the Federal response to ocean
acidification and coastal acidification, by--
``(1) leading the interagency working group in implementing
the strategic research plan under section 12405;
``(2) coordinating monitoring and research efforts among
Federal agencies in cooperation with State, local, and Tribal
government and international partners;
``(3) maintaining an Ocean Acidification Information
Exchange described under section 12404(b)(5) to allow for
information to be electronically accessible, including
information--
``(A) on ocean acidification developed through or
used by the ocean acidification program described under
section 12406(a); or
``(B) that would be useful to State governments,
local governments, Tribal governments, resource
managers, policymakers, researchers, and other
stakeholders in mitigating or adapting to the impacts
of ocean acidification and coastal acidification; and
``(4) establishing and maintaining the data archive system
under subsection (d).
``(d) Data Archive System.--
``(1) Management.--The Secretary, in coordination with
members of the interagency working group, shall provide for the
long-term stewardship of, and access to, data relating to ocean
acidification and coastal acidification by establishing and
maintaining a data archive system that the National Center for
Environmental Information uses to process, store, archive,
provide access to, and incorporate to the extent possible, such
data collected--
``(A) through relevant federally-funded research;
and
``(B) by a Federal agency, State agency, local
agency, Tribe, academic scientist, citizen scientist,
or industry organization.
``(2) Existing global or national data assets.--In
establishing and maintaining the data archive system under
paragraph (1), the Secretary shall ensure that existing global
or national data assets (including the data assets maintained
by the National Centers for Environmental Information, the
Integrated Ocean Observing System, and other existing data
systems within Federal agencies) are incorporated to the
greatest extent possible.
``(e) Standards, Protocols, and Procedures.--With respect to the
data described in subsection (d), the Secretary, in coordination with
members of the interagency working group, shall establish and revise as
necessary the standards, protocols, or procedures for--
``(1) processing, storing, archiving, and providing access
to such data;
``(2) the interoperability and intercalibration of such
data;
``(3) the collection of any metadata underlying such data;
and
``(4) sharing such data with State, local, and Tribal
government programs, potentially affected industry members,
coastal stakeholders, fishery management councils and
commissions, non-Federal resource managers, and academia.
``(f) Dissemination of Ocean Acidification Data and Coastal
Acidification Data.--The Secretary, in coordination with members of the
interagency working group, shall disseminate the data described under
subsection (d) to the greatest extent practicable by sharing such data
on full and open access exchanges.
``(g) Requirement.--Recipients of grants from the National Oceanic
and Atmospheric Administration under this subtitle that collect data
described under subsection (d) shall--
``(1) collect such data in accordance with the standards,
protocols, or procedures established pursuant to subsection
(e); and
``(2) submit such data to the data archive system under
subsection (d) after publication, in accordance with any rules
promulgated by the Secretary.''.
SEC. 10707. NSF OCEAN ACIDIFICATION ACTIVITIES.
Section 12407 of the Federal Ocean Acidification Research and
Monitoring Act of 2009 (33 U.S.C. 3706) is amended--
(1) by striking ``ocean acidification'' each place it
appears and inserting ``ocean acidification and coastal
acidification'';
(2) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``its impacts'' and inserting ``their
respective impacts'';
(B) in paragraph (3), by striking ``and its
impacts'' and inserting ``and their respective
impacts'';
(C) in paragraph (4), by striking the period at the
end and inserting ``; and''; and
(D) by adding at the end the following new
paragraph:
``(5) adaptation and mitigation strategies to address
socioeconomic effects of ocean acidification and coastal
acidification.''; and
(3) by adding at the end the following:
``(d) Requirement.--Recipients of grants from the National Science
Foundation under this subtitle that collect data described under
section 12406(d) shall--
``(1) collect data in accordance with the standards,
protocols, or procedures established pursuant to section
12406(e); and
``(2) submit such data to the Director and the Secretary
after publication, in accordance with any rules promulgated by
the Director or the Secretary.''.
SEC. 10708. NASA OCEAN ACIDIFICATION ACTIVITIES.
Section 12408 of the Federal Ocean Acidification Research and
Monitoring Act of 2009 (33 U.S.C. 3707) is amended--
(1) by striking ``ocean acidification'' each place it
appears and inserting ``ocean acidification and coastal
acidification'';
(2) in subsection (a), by striking ``its impacts'' and
inserting ``their respective impacts''; and
(3) by adding at the end the following new subsection:
``(d) Requirement.--Researchers from the National Aeronautics and
Space Administration under this subtitle that collect data described
under section 12406(d) shall--
``(1) collect such data in accordance with the standards,
protocols, or procedures established pursuant to section
12406(e); and
``(2) submit such data to the Administrator and the
Secretary, in accordance with any rules promulgated by the
Administrator or the Secretary.''.
SEC. 10709. AUTHORIZATION OF APPROPRIATIONS.
Section 12409 of the Federal Ocean Acidification Research and
Monitoring Act of 2009 (33 U.S.C. 3708) is amended--
(1) in subsection (a), by striking ``subtitle--'' and all
that follows through paragraph (4) and inserting the following:
``subtitle--
``(1) $30,500,000 for fiscal year 2022;
``(2) $35,000,000 for fiscal year 2023;
``(3) $40,000,000 for fiscal year 2024;
``(4) $45,000,000 for fiscal year 2025; and
``(5) $50,000,000 for fiscal year 2026.''; and
(2) in subsection (b), by striking ``subtitle--'' and all
that follows through paragraph (4) and inserting the following:
``subtitle $20,000,000 for each of the fiscal years 2022
through 2026.''.
Subtitle K--National Nuclear University Research Infrastructure
Reinvestment
SEC. 10711. SHORT TITLE.
This subtitle may be cited as the ``National Nuclear University
Research Infrastructure Reinvestment Act of 2021''.
SEC. 10712. PURPOSES.
The purposes of this subtitle are--
(1) to upgrade the nuclear research capabilities of
universities in the United States to meet the research
requirements of advanced nuclear energy systems;
(2) to ensure the continued operation of university
research reactors;
(3) to coordinate available resources to enable the
establishment, including the start and efficient completion of
construction, of new nuclear science and engineering
facilities; and
(4) to support--
(A) workforce development critical to maintaining
United States leadership in nuclear science and
engineering and related disciplines; and
(B) the establishment or enhancement of nuclear
science and engineering capabilities and other, related
capabilities at historically Black colleges and
universities, Tribal colleges or universities,
minority-serving institutions, EPSCoR universities,
junior or community colleges, and associate-degree-
granting colleges.
SEC. 10713. UNIVERSITY INFRASTRUCTURE COLLABORATION.
Section 954(a) of the Energy Policy Act of 2005 (42 U.S.C.
16274(a)) is amended--
(1) in paragraph (2) by amending subparagraph (D) to read
as follows:
``(D) promote collaborations, partnerships, and
knowledge sharing between institutions of higher
education, National Laboratories, other Federal
agencies, industry, and associated labor unions; and''.
(2) by amending paragraph (4) to read as follow:
``(4) Strengthening university research and training
reactors and associated infrastructure.--
``(A) In general.--In carrying out the program
under this subsection, the Secretary may support--
``(i) converting research reactors from
high-enrichment fuels to low-enrichment fuels
and upgrading operational instrumentation;
``(ii) revitalizing and upgrading existing
nuclear science and engineering infrastructure
that support the development of advanced
nuclear technologies and applications;
``(iii) regional or subregional university-
led consortia to--
``(I) broaden access to university
research reactors;
``(II) enhance existing university-
based nuclear science and engineering
infrastructure; and
``(III) provide project management,
technical support, quality engineering
and inspections, manufacturing, and
nuclear material support;
``(iv) student training programs, in
collaboration with the United States nuclear
industry, in relicensing and upgrading
reactors, including through the provision of
technical assistance; and
``(v) reactor improvements that emphasize
research, training, and education, including
through the Innovations in Nuclear
Infrastructure and Education Program or any
similar program.
``(B) Of any amounts appropriated to carry out the
program under this subsection, there is authorized to
be appropriated to the Secretary to carry out clauses
(ii) and (iii) of subparagraph (A) $55,000,000 for each
of fiscal years 2022 through 2026.''.
SEC. 10714. ADVANCED NUCLEAR RESEARCH INFRASTRUCTURE ENHANCEMENT
SUBPROGRAM.
Section 954(a) of the Energy Policy Act of 2005 (42 U.S.C.
16274(a)), as amended by section 3, is further amended--
(1) by redesignating paragraphs (5) through (8) as
paragraphs (6) through (9), respectively;
(2) by inserting after paragraph (4) the following:
``(5) Advanced nuclear research infrastructure
enhancement.--
``(A) In general.--The Secretary shall carry out a
subprogram to be known as the Advanced Nuclear Research
Infrastructure Enhancement Subprogram in order to--
``(i) demonstrate various advanced nuclear
reactor and nuclear microreactor concepts;
``(ii) establish medical isotope production
reactors or other specialized applications; and
``(iii) advance other research
infrastructure that, in the determination of
the Secretary, is consistent with the mission
of the Department.
``(B) New nuclear science and engineering
facilities.--In carrying out the subprogram, the
Secretary shall establish--
``(i) not more than 4 new research
reactors; and
``(ii) new nuclear science and engineering
facilities, as required to address research
demand and identified infrastructure gaps.
``(C) Locations.--New research reactors and
facilities established under subparagraph (B) shall be
established in a manner that--
``(i) supports the regional or subregional
consortia described in paragraph (4)(C); and
``(ii) encourages the participation of--
``(I) historically Black colleges
and universities;
``(II) Tribal colleges or
universities;
``(III) minority-serving
institutions;
``(IV) EPSCoR universities;
``(V) junior or community colleges;
and
``(VI) associate-degree-granting
colleges.
``(D) Fuel requirements.--New research reactors
established under subparagraph (B) shall not use high-
enriched uranium, as defined in section 2001 of
division Z of the Consolidated Appropriations Act of
2021.
``(E) Authorization of appropriations.--Of any
amounts appropriated to carry out the program under
this section, there are authorized to be appropriated
to the Secretary to carry out the subprogram under this
paragraph--
``(i) $10,000,000 for fiscal year 2022;
``(ii) $45,000,000 for fiscal year 2023;
``(iii) $60,000,000 for fiscal year 2024;
``(iv) $65,000,000 for fiscal year 2025;
``(v) $80,000,000 for fiscal year 2026;
``(vi) $140,000,000 for fiscal year 2027;
``(vii) $120,000,000 for fiscal year 2028;
and
``(viii) $80,000,000 for fiscal year
2029.''; and
(3) by amending paragraph (9), as redesignated by paragraph
(1) of this section, to read as follows:
``(9) Definitions.--In this subsection:
``(A) Associate-degree-granting college.--The term
`associate-degree- granting college' means an
institution of higher education (as determined under
section 101 of the Higher Education Act of 1965 20
U.S.C. 1001) that--
``(i) is a nonprofit institution that
offers a 2-year associate-degree program or a
2-year certificate program; or
``(ii) is a proprietary institution that
offers a 2-year associate degree program.
``(B) Junior faculty.--The term `junior faculty'
means a faculty member who was awarded a doctorate less
than 10 years before receipt of an award from the grant
program described in paragraph (2)(B).
``(C) Junior or community college.--The term
`junior or community college' has the meaning given the
term in section 312 of the Higher Education Act of 1965
(20 U.S.C. 1058).
``(D) Epscor university.--The term `EPSCoR
university' means an institution of higher education
located in a State eligible to participate in the
program defined in section 502 of the America COMPETES
Reauthorization Act of 2010 (42 U.S.C. 1862p note).
``(E) Historically black college or university.--
The term `historically Black college or university' has
the meaning given the term `part B institution' in
section 322 of the Higher Education Act of 1965 (20
U.S.C. 1061).
``(F) Minority-serving institution.--The term
`minority-serving institution' means a Hispanic-serving
institution, an Alaska Native-serving institution, a
Native Hawaiian-serving institutions, a Predominantly
Black Institution, an Asian American and Native
American Pacific Islander-serving institution, or a
Native American-serving nontribal institution as
described in section 371 of the Higher Education Act of
1965 (20 U.S.C. 1067q(a)).
``(G) Tribal college or university.--The term
`Tribal College or University' has the meaning given
such term in section 316 of the Higher Education Act of
1965 (20 U.S.C. 1059c).''.
SEC. 10715. SCIENCE EDUCATION AND HUMAN RESOURCES SCHOLARSHIPS,
FELLOWSHIPS, AND RESEARCH AND DEVELOPMENT PROJECTS.
(a) In General.--The purpose of this section is to support a
diverse workforce for the complex landscape associated with effective
and equitable development of advanced nuclear energy technologies,
including interdisciplinary research to enable positive impacts and
avoid potential negative impacts across the lifespan of nuclear energy
technologies.
(b) Nontechnical Nuclear Research.--Section 313 of the Omnibus
Appropriations Act, 2009 (Public Law 111-8; 42 U.S.C. 16274a) is
amended--
(1) in subsection (b)(2), after ``engineering'', by
inserting ``, which may include nontechnical nuclear
research.'';
(2) in subsection (c), by inserting after paragraph (2) the
following:
``(3) Nontechnical nuclear research.--The term
`nontechnical nuclear research' means research with
specializations such as social sciences or law that can support
an increase in community engagement, participation, and
confidence in nuclear energy systems, including the navigation
of the licensing required for advanced reactor deployment,
aligned with the objectives in section 951(a)(2) of the Energy
Policy Act of 2005 (42 U.S.C. 16271(a)(2)).''; and
(3) in subsection (d)(1), by striking ``$30,000,000'' and
inserting ``$45,000,000''.
Subtitle L--Steel Upgrading Partnerships and Emissions Reduction
SEC. 10721. LOW-EMISSIONS STEEL MANUFACTURING RESEARCH PROGRAM.
(a) Program.--Subtitle D of title IV of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17111 et seq.) is amended by inserting
after section 454 the following:
``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;
``(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.''.
Subtitle M--National Academies Science, Technology, and Security
Roundtable
SEC. 10731. AD-HOC COMMITTEE ON RESEARCH SECURITY.
Section 1746(b) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 42 U.S.C. 6601 note) is amended--
(1) in paragraph (3)(B), by striking ``involving federally
funded research and development'' and inserting ``facing the
United States research enterprise'';
(2) by redesignating paragraph (5) as paragraph (6);
(3) by inserting after paragraph (4) the following new
paragraph:
``(5) Ad-hoc committee.--
``(A) In general.--The roundtable shall convene an
ad-hoc committee to study and make recommendations on
research security issues consistent with paragraph (3).
``(B) Study and report.--Not later than 180 days
after the first meeting of the ad-hoc committee
convened under subparagraph (A), such committee shall--
``(i) complete a fast-track consensus study
on the feasibility of establishing an
independent, non-profit entity (referred to in
this paragraph as the `entity') to further
protect the United States research enterprise
against foreign interference, theft, and
espionage; and
``(ii) submit to the relevant committees a
report on the results of the study.
``(C) Elements.--The report required under
subparagraph (B)(ii) shall include analysis and
recommendations with respect to each of the following:
``(i) The organizational structure of the
entity.
``(ii) The appropriate relationship between
the entity and the Federal government,
including the interagency working group
established under subsection (a).
``(iii) The appropriate level of financial
resources needed to establish the entity.
``(iv) A self-sustaining funding model for
the entity.
``(v) Whether and how the entity can--
``(I) enable informed, proactive,
and unbiased risk assessment for and by
the United States research enterprise;
``(II) in coordination with the
interagency working group established
under subsection (a), the Federal
agencies that comprise the working
group, and the roundtable under this
subsection, promote actionable and
timely information sharing among the
United States research enterprise about
foreign interference, theft, and
espionage of research and development;
``(III) provide non-punitive, non-
legally binding advice to the United
States research enterprise, including
frontline researchers, about foreign
inference, theft, and espionage
including advice with respect to risks
associated with international
partnerships and foreign talent
recruitment programs;
``(IV) secure the trust and active
participation of the United States
research enterprise;
``(V) regularly conduct open-source
intelligence analysis to provide
actionable and timely unclassified
information to the United States
research enterprise about foreign
interference, theft, and espionage,
including analysis to be tailored
specifically for the purpose of
assisting frontline researchers in
making security-informed decisions; and
``(VI) offer products and services
to the United States research
enterprise to help inform research
security efforts such as analyses of
global research and development trends,
advice regarding intellectual property
production and protection, market
analyses, and risk assessment for day-
to-day activities such as
collaboration, travel, and hiring.
``(vi) Such other information and
recommendations as the committee considers
necessary to ensure that the entity operates
effectively.''; and
(4) in paragraph (6), as so redesignated, by striking
``2024'' and inserting ``2025''.
Subtitle N--Additional Provisions
SEC. 10741. ESTABLISHMENT OF BLOCKCHAIN AND CRYPTOCURRENCY SPECIALIST
POSITION WITHIN OSTP.
The Director of the Office of Science and Technology Policy shall
establish a blockchain and cryptocurrencies advisory specialist
position within the Office to advise the President on matters relating
to blockchain and cryptocurrencies.
Subtitle O--Partnerships for Energy Security and Innovation
SEC. 10751. FOUNDATION FOR ENERGY SECURITY AND INNOVATION.
(a) Definitions.--In this section:
(1) Board.--The term ``Board'' means the Board of Directors
described in subsection (b)(2)(A).
(2) Department.--The term ``Department'' means the
Department of Energy.
(3) Executive director.--The term ``Executive Director''
means the Executive Director described in subsection (b)(5)(A).
(4) Foundation.--The term ``Foundation'' means the
Foundation for Energy Security and Innovation established under
subsection (b)(1).
(5) Historically black college and university.--The term
``historically Black college and university'' has the meaning
given the term ``part B institution'' in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061).
(6) Individual laboratory-associated foundation.--The term
``Individual Laboratory-Associated Foundation'' means a
Laboratory Foundation established by an operating contractor of
a National Laboratory.
(7) Minority serving institution.--The term ``minority
serving institution'' includes the entities described in any of
the paragraphs (1) through (7) of section 371(a) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(a)).
(8) National laboratory.--The term ``National Laboratory''
has the meaning given the term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(9) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(10) Tribal college and university.--The term ``Tribal
College and University'' has the meaning given in section 316
of the Higher Education Act of 1965 (20 U.S.C. 1059c).
(b) Foundation for Energy Security and Innovation.--
(1) Establishment.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall
establish a nonprofit corporation to be known as the
``Foundation for Energy Security and Innovation''.
(B) Mission.--The mission of the Foundation shall
be--
(i) to support the mission of the
Department; and
(ii) to advance collaboration with energy
researchers, institutions of higher education,
industry, and nonprofit and philanthropic
organizations to enable the commercialization
of energy technologies.
(C) Limitation.--The Foundation shall not be an
agency or instrumentality of the Federal Government.
(D) Tax-exempt status.--The Board shall take all
necessary and appropriate steps to ensure that the
Foundation is an organization that is described in
section 501(c) of the Internal Revenue Code of 1986 and
exempt from taxation under section 501(a) of that Code.
(E) Collaboration with existing organizations.--The
Secretary may collaborate with 1 or more organizations
to establish the Foundation and carry out the
activities of the Foundation.
(2) Board of directors.--
(A) Establishment.--The Foundation shall be
governed by a Board of Directors.
(B) Composition.--
(i) In general.--The Board shall be
composed of the ex officio nonvoting members
described in clause (ii) and the appointed
voting members described in clause (iii).
(ii) Ex officio members.--The ex officio
members of the Board shall be the following
individuals or designees of those individuals:
(I) The Secretary.
(II) The Under Secretary for
Science and Energy.
(III) The Under Secretary for
Nuclear Security.
(IV) The Chief Commercialization
Officer.
(iii) Appointed members.--
(I) Initial members.--The Secretary
and the other ex officio members of the
Board shall--
(aa) seek to enter into an
agreement with the National
Academies of Sciences,
Engineering, and Medicine to
develop a list of individuals
to serve as members of the
Board who are well-qualified
and will meet the requirements
of subclauses (II) and (III);
and
(bb) appoint the initial
members of the Board from that
list, if applicable, in
consultation with the National
Academies of Sciences,
Engineering, and Medicine.
(II) Representation.--The appointed
members of the Board shall reflect a
broad cross-section of stakeholders
from academia, National Laboratories,
industry, nonprofit organizations,
State or local governments, the
investment community, and the
philanthropic community.
(III) Experience.--The Secretary
shall ensure that a majority of the
appointed members of the Board--
(aa)(AA) has experience in
the energy sector;
(BB) has research
experience in the energy field;
or
(CC) has experience in
technology commercialization or
foundation operations; and
(bb) to the extent
practicable, represents diverse
regions, sectors, and
communities.
(C) Chair and vice chair.--
(i) In general.--The Board shall designate
from among the members of the Board--
(I) an individual to serve as Chair
of the Board; and
(II) an individual to serve as Vice
Chair of the Board.
(ii) Terms.--The term of service of the
Chair and Vice Chair of the Board shall end on
the earlier of--
(I) the date that is 3 years after
the date on which the Chair or Vice
Chair of the Board, as applicable, is
designated for the position; and
(II) the last day of the term of
service of the member, as determined
under subparagraph (D)(i), who is
designated to be Chair or Vice Chair of
the Board, as applicable.
(iii) Representation.--The Chair and Vice
Chair of the Board--
(I) shall not be representatives of
the same area of subject matter
expertise, or entity, as applicable,
under subparagraph (B)(iii)(II); and
(II) shall not be representatives
of any area of subject matter
expertise, or entity, as applicable,
represented by the immediately
preceding Chair and Vice Chair of the
Board.
(D) Terms and vacancies.--
(i) Terms.--
(I) In general.--The term of
service of each appointed member of the
Board shall be not more than 5 years.
(II) Initial appointed members.--Of
the initial members of the Board
appointed under subparagraph
(B)(iii)(I), half of the members shall
serve for 4 years and half of the
members shall serve for 5 years, as
determined by the Chair of the Board.
(ii) Vacancies.--Any vacancy in the
membership of the appointed members of the
Board--
(I) shall be filled in accordance
with the bylaws of the Foundation by an
individual capable of representing the
same area or entity, as applicable, as
represented by the vacating board
member under subparagraph (B)(iii)(II);
(II) shall not affect the power of
the remaining appointed members to
execute the duties of the Board; and
(III) shall be filled by an
individual selected by the Board.
(E) Meetings; quorum.--
(i) Initial meeting.--Not later than 60
days after the Board is established, the
Secretary shall convene a meeting of the ex
officio and appointed members of the Board to
incorporate the Foundation.
(ii) Quorum.--A majority of the appointed
members of the Board shall constitute a quorum
for purposes of conducting the business of the
Board.
(F) Duties.--The Board shall--
(i) establish bylaws for the Foundation in
accordance with subparagraph (G);
(ii) provide overall direction for the
activities of the Foundation and establish
priority activities;
(iii) carry out any other necessary
activities of the Foundation; and
(iv) evaluate the performance of the
Executive Director.
(G) Bylaws.--
(i) In general.--The bylaws established
under subparagraph (F)(i) may include--
(I) policies for the selection of
Board members, officers, employees,
agents, and contractors of the
Foundation;
(II) policies, including ethical
standards, for--
(aa) the acceptance,
solicitation, and disposition
of donations and grants to the
Foundation, including
appropriate limits on the
ability of donors to designate,
by stipulation or restriction,
the use or recipient of donated
funds; and
(bb) the disposition of
assets of the Foundation;
(III) policies that subject all
employees, fellows, trainees, and other
agents of the Foundation (including ex
officio and appointed members of the
Board) to conflict of interest
standards; and
(IV) the specific duties of the
Executive Director.
(ii) Requirements.--The Board shall ensure
that the bylaws of the Foundation and the
activities carried out under those bylaws shall
not--
(I) reflect unfavorably on the
ability of the Foundation to carry out
activities in a fair and objective
manner; or
(II) compromise, or appear to
compromise, the integrity of any
governmental agency or program, or any
officer or employee employed by, or
involved in, a governmental agency or
program.
(H) Compensation.--
(i) In general.--No member of the Board
shall receive compensation for serving on the
Board.
(ii) Certain expenses.--In accordance with
the bylaws of the Foundation, members of the
Board may be reimbursed for travel expenses,
including per diem in lieu of subsistence, and
other necessary expenses incurred in carrying
out the duties of the Board.
(I) Restriction on membership.--No employee of the
Department shall be appointed as a member of the Board
of Directors.
(3) Purposes.--The purposes of the Foundation are--
(A) to support the Department in carrying out the
mission of the Department to ensure the security and
prosperity of the United States by addressing civilian
energy and environmental challenges through
transformative science and technology solutions; and
(B) to increase private and philanthropic sector
investments that support efforts to create,
characterize, develop, test, validate, and
commercialize innovative technologies that address
crosscutting national energy challenges, including
those affecting minority, rural, and other underserved
communities, by methods that include--
(i) fostering collaboration and
partnerships with researchers from the Federal
Government, State governments, institutions of
higher education, including historically Black
colleges and universities, Tribal Colleges or
Universities, and minority-serving
institutions, federally funded research and
development centers, industry, and nonprofit
organizations for the research, development, or
commercialization of transformative energy and
associated technologies;
(ii) strengthening and sharing best
practices relating to regional economic
development through scientific and energy
innovation, including in partnership with an
Individual Laboratory-Associated Foundation;
(iii) promoting new product development
that supports job creation;
(iv) administering prize competitions--
(I) to accelerate private sector
competition and investment; and
(II) that complement the use of
prize authority by the Department;
(v) supporting programs that advance
technology maturation, especially where there
may be gaps in Federal or private funding in
the commercialization of a prototype
technology;
(vi) supporting efforts to broaden
participation in energy technology development
among individuals from historically
underrepresented groups or regions; and
(vii) facilitating access to Department
facilities, equipment, and expertise to assist
in tackling national challenges.
(4) Activities.--
(A) Studies, competitions, and projects.--The
Foundation may conduct and support studies,
competitions, projects, and other activities that
further the purposes of the Foundation described in
paragraph (3).
(B) Fellowships and grants.--
(i) In general.--The Foundation may award
fellowships and grants for activities relating
to research, development, demonstration, or
commercialization of energy and other
Department-supported technologies.
(ii) Form of award.--A fellowship or grant
under clause (i) may consist of a stipend,
health insurance benefits, funds for travel,
and funds for other appropriate expenses.
(iii) Selection.--In selecting a recipient
for a fellowship or grant under clause (i), the
Foundation--
(I) shall make the selection based
on the technical and commercialization
merits of the proposed project of the
potential recipient; and
(II) may consult with a potential
recipient regarding the ability of the
potential recipient to carry out
various projects that would further the
purposes of the Foundation described in
paragraph (3).
(iv) National laboratories.--A National
Laboratory that applies for or accepts an award
under clause (i) shall not be considered to be
engaging in a competitive process.
(C) Accessing facilities and expertise.--The
Foundation may work with the Department--
(i) to leverage the capabilities and
facilities of National Laboratories to
commercialize technology; and
(ii) to assist with resources, including by
providing information on the assets of each
National Laboratory that may enable the
commercialization of technology.
(D) Training and education.--The Foundation may
support programs that provide training to researchers,
scientists, other relevant personnel at National
Laboratories and institutions of higher education, and
previous or current recipients of or applicants for
Department funding to help research, develop,
demonstrate, and commercialize federally funded
technology.
(E) Maturation funding.--The Foundation shall
support programs that provide maturation funding to
researchers to advance the technology of those
researchers for the purpose of moving products from a
prototype stage to a commercial stage.
(F) Stakeholder engagement.--The Foundation shall
convene, and may consult with, representatives from the
Department, institutions of higher education, National
Laboratories, the private sector, and commercialization
organizations to develop programs for the purposes of
the Foundation described in paragraph (3) and to
advance the activities of the Foundation.
(G) Individual and federal laboratory-associated
foundations.--
(i) Definition of covered foundation.--In
this subparagraph, the term ``covered
foundation'' means each of the following:
(I) An Individual Laboratory-
Associated Foundation.
(II) A Federal Laboratory-
Associated Foundation established
pursuant to subsection (c)(1).
(ii) Support.--The Foundation shall provide
support to and collaborate with covered
foundations.
(iii) Guidelines and templates.--For the
purpose of providing support under clause (ii),
the Secretary shall establish suggested
guidelines and templates for covered
foundations, including--
(I) a standard adaptable
organizational design for responsible
management;
(II) standard and legally tenable
bylaws and money-handling procedures;
and
(III) a standard training
curriculum to orient and expand the
operating expertise of personnel
employed by covered foundations.
(iv) Affiliations.--Nothing in this
subparagraph requires--
(I) an existing Individual
Laboratory-Associated Foundation to
modify current practices or affiliate
with the Foundation; or
(II) a covered foundation to be
bound by charter or corporate bylaws as
permanently affiliated with the
Foundation.
(H) Supplemental programs.--The Foundation may
carry out supplemental programs--
(i) to conduct and support forums,
meetings, conferences, courses, and training
workshops consistent with the purposes of the
Foundation described in paragraph (3);
(ii) to support and encourage the
understanding and development of data that
promotes the translation of technologies from
the research stage, through the development and
maturation stage, and ending in the market
stage;
(iii) for writing, editing, printing,
publishing, and vending books and other
materials relating to research carried out
under the Foundation and the Department; and
(iv) to conduct other activities to carry
out and support the purposes of the Foundation
described in paragraph (3).
(I) Evaluations.--The Foundation shall support the
development of an evaluation methodology, to be used as
part of any program supported by the Foundation, that
shall--
(i) consist of qualitative and quantitative
metrics; and
(ii) include periodic third-party
evaluation of those programs and other
activities of the Foundation.
(J) Communications.--The Foundation shall develop
an expertise in communications to promote the work of
grant and fellowship recipients under subparagraph (B),
the commercialization successes of the Foundation,
opportunities for partnership with the Foundation, and
other activities.
(K) Authority of foundation.--The Foundation shall
be the sole entity responsible for carrying out the
activities described in this paragraph.
(5) Administration.--
(A) Executive director.--The Board shall hire an
Executive Director of the Foundation, who shall serve
at the pleasure of the Board. Subject to the compliance
with the policies and bylaws established by the Board
pursuant to paragraph (2)(G), the Executive Director
shall be responsible for the daily operations of the
Foundation in carrying out the activities of the
Foundation described in paragraph (4).
(B) Administrative control.--No member of the
Board, officer or employee of the Foundation or of any
program established by the Foundation, or participant
in a program established by the Foundation, shall
exercise administrative control over any Federal
employee.
(C) Strategic plan.--Not later than 1 year after
the date of enactment of this Act, the Foundation shall
submit to the Committee on Energy and Natural Resources
of the Senate and the Committee on Science, Space, and
Technology of the House of Representatives a strategic
plan that contains--
(i) a plan for the Foundation to become
financially self-sustaining in fiscal year 2023
and thereafter (except for the amounts provided
each fiscal year under paragraph (12)(A)(iii));
(ii) a forecast of major crosscutting
energy challenge opportunities, including
short- and long-term objectives, identified by
the Board, with input from communities
representing the entities and areas of subject
matter expertise, as applicable, described in
paragraph (2)(B)(iii)(II);
(iii) a description of the efforts that the
Foundation will take to be transparent in the
processes of the Foundation, including
processes relating to--
(I) grant awards, including
selection, review, and notification;
(II) communication of past,
current, and future research
priorities; and
(III) solicitation of and response
to public input on the opportunities
identified under clause (ii);
(iv) a description of the financial goals
and benchmarks of the Foundation for the
following 10 years;
(v) a description of the efforts undertaken
by the Foundation to engage historically
underrepresented groups or regions, including
through collaborations with historically Black
colleges and universities, Tribal Colleges and
Universities, minority-serving institutions,
and minority-owned and women-owned businesses;
and
(vi) a description of the efforts
undertaken by the Foundation to ensure maximum
complementarity and minimum redundancy with
investments made by the Department.
(D) Annual report.--Not later than 1 year after the
date on which the Foundation is established, and every
2 years thereafter, the Foundation shall submit to the
Committee on Energy and Natural Resources of the
Senate, the Committee on Science, Space, and Technology
of the House of Representatives, and the Secretary a
report that, for the year covered by the report--
(i) describes the activities of the
Foundation and the progress of the Foundation
in furthering the purposes of the Foundation
described in paragraph (3);
(ii) provides a specific accounting of the
source and use of all funds made available to
the Foundation to carry out those activities to
ensure transparency in the alignment of
Department missions and policies with national
security;
(iii) describes how the results of the
activities of the Foundation could be
incorporated into the procurement processes of
the General Services Administration; and
(iv) includes a summary of each evaluation
conducted using the evaluation methodology
described in paragraph (4)(I).
(E) Evaluation by comptroller general.--Not later
than 5 years after the date on which the Foundation is
established, the Comptroller General of the United
States shall submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on
Science, Space, and Technology of the House of
Representatives--
(i) an evaluation of--
(I) the extent to which the
Foundation is achieving the mission of
the Foundation; and
(II) the operation of the
Foundation; and
(ii) any recommendations on how the
Foundation may be improved.
(F) Audits.--The Foundation shall--
(i) provide for annual audits of the
financial condition of the Foundation; and
(ii) make the audits, and all other
records, documents, and papers of the
Foundation, available to the Secretary and the
Comptroller General of the United States for
examination or audit.
(G) Separate fund accounts.--The Board shall ensure
that any funds received under paragraph (12)(A) are
held in a separate account from any other funds
received by the Foundation.
(H) Integrity.--
(i) In general.--To ensure integrity in the
operations of the Foundation, the Board shall
develop and enforce procedures relating to
standards of conduct, financial disclosure
statements, conflicts of interest (including
recusal and waiver rules), audits, and any
other matters determined appropriate by the
Board.
(ii) Financial conflicts of interest.--To
mitigate conflicts of interest and risks from
malign foreign influence, any individual who is
an officer, employee, or member of the Board is
prohibited from any participation in
deliberations by the Foundation of a matter
that would directly or predictably affect any
financial interest of--
(I) the individual;
(II) a relative (as defined in
section 109 of the Ethics in Government
Act of 1978 (5 U.S.C. App.)) of that
individual; or
(III) a business organization or
other entity in which the individual
has an interest, including an
organization or other entity with which
the individual is negotiating
employment.
(I) Intellectual property.--The Board shall adopt
written standards to govern the ownership and licensing
of any intellectual property rights developed by the
Foundation or derived from the collaborative efforts of
the Foundation.
(J) Liability.--
(i) In general.--The United States shall
not be liable for any debts, defaults, acts, or
omissions of--
(I) the Foundation;
(II) a Federal entity with respect
to an agreement of that Federal entity
with the Foundation; or
(III) an Individual Laboratory-
Associated Foundation with respect to
an agreement of that Federal entity
with the Foundation.
(ii) Full faith and credit.--The full faith
and credit of the United States shall not
extend to any obligations of the Foundation.
(K) Nonapplicability of faca.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the
Foundation or an Individual Laboratory-Associated
Foundation.
(6) Department collaboration.--
(A) National laboratories.--The Secretary shall
collaborate with the Foundation to develop a process to
ensure collaboration and coordination between the
Department, the Foundation, and National Laboratories--
(i) to streamline contracting processes
between National Laboratories and the
Foundation, including by--
(I) streamlining the ability of the
Foundation to transfer equipment and
funds to National Laboratories;
(II) standardizing contract
mechanisms to be used by the Foundation
in engaging with National Laboratories;
and
(III) streamlining the ability of
the Foundation to fund endowed
positions at National Laboratories;
(ii) to allow a National Laboratory or site
of a National Laboratory--
(I) to accept and perform work for
the Foundation, consistent with
provided resources, notwithstanding any
other provision of law governing the
administration, mission, use, or
operations of the National Laboratory
or site, as applicable; and
(II) to perform that work on a
basis equal to other missions at the
National Laboratory; and
(iii) to permit the director of any
National Laboratory or site of a National
Laboratory to enter into a cooperative research
and development agreement or negotiate a
licensing agreement with the Foundation
pursuant to section 12 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C.
3710a).
(B) Department liaisons.--The Secretary shall
appoint liaisons from across the Department to
collaborate and coordinate with the Foundation,
including not less than 1 liaison from the Office of
Technology Transitions, who shall ensure that the
Foundation works in conjunction with and does not
duplicate existing activities and programs carried out
by the Department including the Technology
Commercialization Fund.
(C) Administration.--The Secretary shall leverage
appropriate arrangements, contracts, and directives to
carry out the process developed under subparagraph (A).
(7) National security.--Nothing in this subsection exempts
the Foundation from any national security policy of the
Department.
(8) Support services.--The Secretary may provide
facilities, utilities, and support services to the Foundation
if it is determined by the Secretary to be advantageous to the
research programs of the Department.
(9) Anti-deficiency act.--Subsection (a)(1) of section 1341
of title 31, United States Code (commonly referred to as the
``Anti-Deficiency Act''), shall not apply to any Federal
officer or employee carrying out any activity of the Foundation
using funds of the Foundation.
(10) Preemption of authority.--This subsection shall not
preempt any authority or responsibility of the Secretary under
any other provision of law.
(11) Transfer funds.--The Foundation may transfer funds to
the Department, which shall be subject to all applicable
Federal limitations relating to federally funded research.
(12) Authorization of appropriations.--
(A) In general.--There is authorized to be
appropriated--
(i) not less than $1,500,000 for the
Secretary for fiscal year 2022 to establish the
Foundation;
(ii) not less than $30,000,000 for the
Foundation for fiscal year 2023 to carry out
the activities of the Foundation; and
(iii) not less than $3,000,000 for the
Foundation for each of the fiscal years 2024
through 2026, for administrative and
operational costs.
(B) Limitation.--None of the funds authorized to be
appropriated to the Secretary by subparagraph (A)(i) of
this paragraph shall be used for construction.
(C) Cost share.--Funds made available under
subparagraph (A)(ii) shall be required to be cost-
shared by a partner of the Foundation other than the
Department or a National Laboratory.
(c) National Energy Technology Laboratory-Associated Foundation.--
(1) Establishment.--
(A) In general.--Notwithstanding any other
provision of law, the National Energy Technology
Laboratory may establish, or enter into an agreement
with a nonprofit organization to establish, a Federal
Laboratory-Associated Foundation (referred to in this
subsection as a ``Laboratory Foundation'') to support
the mission of the National Energy Technology
Laboratory.
(B) Not agency or instrumentality.--A Laboratory
Foundation shall not be an agency or instrumentality of
the Federal Government.
(C) Governance structure.--A Laboratory Foundation
established under subparagraph (A) shall have a
separate governance structure from, and shall be
managed independently of, the National Energy
Technology Laboratory.
(2) Activities.--Activities of a Laboratory Foundation may
include--
(A) conducting support studies, competitions,
projects, research, and other activities that further
the purpose of the Laboratory Foundation;
(B) carrying out programs to foster collaboration
and partnership among researchers from the Federal
Government, State governments, institutions of higher
education, federally funded research and development
centers, and industry and nonprofit organizations
relating to the research, development, and
commercialization of federally supported technologies;
(C) carrying out programs to leverage technologies
to support new product development that supports
regional economic development;
(D) administering prize competitions--
(i) to accelerate private sector
competition and investment; and
(ii) that complement the use of prize
authority by the Department;
(E) providing fellowships and grants to research
and development personnel at, or affiliated with,
federally funded centers, in accordance with paragraph
(3); and
(F) carrying out programs--
(i) that allow scientists from foreign
countries to serve in research capacities in
the United States or other countries in
association with the National Energy Technology
Laboratory;
(ii) that provide opportunities for
employees of the National Energy Technology
Laboratory to serve in research capacities in
foreign countries;
(iii) to conduct studies, projects, or
research in collaboration with national and
international nonprofit and for-profit
organizations, which may include the provision
of stipends, travel, and other support for
personnel;
(iv)(I) to hold forums, meetings,
conferences, courses, and training workshops
that may include undergraduate, graduate, post-
graduate, and post-doctoral accredited courses;
and
(II) for the accreditation of those courses
by the Laboratory Foundation at the State and
national level for college degrees or
continuing education credits;
(v) to support and encourage teachers and
students of science at all levels of education;
(vi) to promote an understanding of science
amongst the general public;
(vii) for writing, editing, printing,
publishing, and vending of relevant books and
other materials; and
(viii) for the conduct of other activities
to carry out and support the purpose of the
Laboratory Foundation.
(3) Fellowships and grants.--
(A) Selection.--Recipients of fellowships and
grants described in paragraph (2)(E) shall be
selected--
(i) by a Laboratory Foundation and the
donors to a Laboratory Foundation;
(ii) subject to the agreement of the head
of the agency the mission of which is supported
by a Laboratory Foundation; and
(iii) in the case of a fellowship, based on
the recommendation of the employees of the
National Energy Technology Laboratory at which
the fellow would serve.
(B) Expenses.--Fellowships and grants described in
paragraph (2)(E) may include stipends, travel, health
insurance, benefits, and other appropriate expenses.
(4) Liability.--The United States shall not be liable for
any debts, defaults, acts, or omissions of a Laboratory
Foundation.
(5) Other laws.--This subsection shall not alter or
supersede any other provision of law governing the authority,
scope, establishment, or use of nonprofit organizations by a
Federal agency.
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;
(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, 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, 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
(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).
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).
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 an Office of
Manufacturing Security and Resilience.
(b) Mission.--The mission of the Office shall be the following:
(1) Help to promote the leadership of the United States
with respect to critical industries and supply chains that--
(A) strengthen the national security of the United
States; and
(B) have a significant effect on the economic
security of the United States.
(2) Encourage a Governmentwide approach through
partnerships and collaboration with the private sector, labor
organizations, the governments of countries that are allies or
key international partners of the United States, States or
political subdivisions thereof, and Tribal governments in order
to--
(A) promote the resilience of supply chains; and
(B) identify, prepare for, and respond to supply
chain shocks to--
(i) critical industries; and
(ii) supply chains.
(3) Monitor the resilience, diversity, security, and
strength of supply chains and critical industries.
(4) Support the availability of critical goods from
domestic manufacturers, domestic enterprises, and manufacturing
operations in the United States and in countries that are
allies or key international partners.
(5) Assist the Federal Government in preparing for and
responding to supply chain shocks, including by improving the
flexible manufacturing capacities and capabilities in the
United States.
(6) Encourage and incentivize the reduced reliance of
domestic entities and domestic manufacturers on critical goods
from countries of concern.
(7) Encourage the relocation of manufacturing facilities
that manufacture critical goods from countries of concern to
the United States and countries that are allies and key
international partners to strengthen the resilience, diversity,
security, and strength of supply chains.
(8) Support the creation of jobs with competitive wages in
the United States manufacturing sector.
(9) Encourage manufacturing growth and opportunities in
economically distressed areas and underserved communities.
(10) Promote the health of the economy of the United States
and the competitiveness of manufacturing in the United States.
(11) Coordinate executive branch actions necessary to carry
out the functions described in paragraphs (1) through (10).
(c) Assistant Secretary of the Office.--
(1) Appointment and term.--The head of the Office shall be
the Assistant Secretary of Manufacturing Security and
Resilience, appointed by the President, by and with the advice
and consent of the Senate, for a term of not more than 5 years.
The Assistant Secretary of Manufacturing Security and
Resilience may function as and be known as the United States
Chief Manufacturing Officer.
(2) Pay.--The Assistant Secretary shall be compensated at
the rate in effect for level II of the Executive Schedule under
section 5313 of title 5, United States Code.
(3) Administrative authorities.--The Assistant Secretary
may appoint officers and employees in accordance with chapter
51 and subchapter III of chapter 53 of title 5, United States
Code.
SEC. 20202. UNITED STATES STRATEGY TO COUNTER THREATS TO SUPPLY CHAINS.
(a) In General.--In accordance with Executive Order No. 14017 (86
Fed. Reg. 11849 relating to America's supply chains), the Assistant
Secretary shall, not later than 1 year after the date of the enactment
of this Act, develop and implement a strategy taking a Governmentwide
approach to support the resilience, diversity, security, and strength
of supply chains.
(b) Elements.--The strategy required under subsection (a) shall
include the following:
(1) A plan to do the following:
(A) Execute a unified national effort to reduce
reliance on concentrated supply chains and protect
against threats from countries of concern relating to
supply chains.
(B) Support sufficient access to critical goods by
mitigating supply chain vulnerabilities, including
supply chains concentrated in countries of concern.
(C) Collaborate with other relevant Federal
agencies to assist allies or key international partners
build capacity for manufacturing critical goods.
(D) Incentivize (through grants, loans, loan
guarantees, and equity investment authorized under
section 20204) and identify other means, as
appropriate--
(i) for domestic manufacturers that
manufacture critical goods to--
(I) relocate manufacturing
facilities, industrial equipment, or
operations related to the production of
critical goods from countries of
concern to the United States or to
other allies or key international
partners; and
(II) to support manufacturing
facilities, industrial equipment, or
operations to increase the production
of critical goods and meet demand for
such goods; and
(ii) for domestic manufacturers that do not
manufacture critical goods to make necessary or
appropriate modifications to existing
manufacturing facilities, industrial equipment,
manufacturing technology, or operations in
order to manufacture 1 or more critical goods.
(E) Describe the manner and processes through which
the Assistant Secretary will implement the program
under section 20204, including through consultation
with, or requests for information from, the heads of
any relevant Federal agencies, including those with
jurisdiction over supply chains, for the purposes of
ensuring the program authorized under section 20204--
(i) supports the resilience, diversity,
security and strength of a supply chain; and
(ii) meets the national security and
economic security needs of the United States.
(F) Strengthen and increase trade through new and
revised trade agreements and other forms of engagement
between the United States and allies or key
international partners in order to mitigate--
(i) supply chain vulnerabilities; and
(ii) the effects of supply chain shocks.
(G) Recover from supply chain shocks.
(H) Identify, in coordination with other relevant
Federal agencies, actions relating to supply chains
with which the United States might--
(i) raise living standards;
(ii) increase employment opportunities;
(iii) address the underlying causes of
irregular migration; and
(iv) improve critical industry supply chain
response to supply chain shocks.
(I) Protect against supply chain shocks from
countries of concern relating to supply chains.
(J) Provide recommendations to effectuate the
strategy under this section.
(2) An assessment of the following:
(A) The extent to which any office or bureau within
the Department of Commerce that the Assistant Secretary
determines has duties, responsibilities, resources, or
expertise that support or duplicate the mission of the
Office.
(B) The purpose of each office and bureau
identified under subparagraph (A).
(C) Whether the Assistant Secretary will coordinate
with each such office and bureau in implementing the
requirements of this Act.
(D) If the Assistant Secretary makes a positive
determination under subparagraph (C), the effectiveness
and efficiency of the Assistant Secretary and each such
office and bureau at implementing the requirements of
this Act.
(3) Recommendations, if applicable and consistent with the
objectives of this Act, on consolidating functions amongst the
Office and each such office and bureau identified under
paragraph (2)(A).
(c) Submission of Strategy.--
(1) In general.--Not later than 450 days after the date of
the enactment of this Act, the Assistant Secretary shall submit
to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate, and publish on the website of the
Office, a report containing the strategy developed under this
section.
(2) Update.--Not less than once every 4 years after the
date on which the strategy is submitted under paragraph (1),
the Assistant Secretary shall submit to Congress an update to
such strategy.
(3) Form.--The report submitted under paragraph (1), and
any update submitted under paragraph (2), shall be submitted in
unclassified form and may include a classified annex.
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, including the
effect on consumer prices, job losses, national
security, or economic competitiveness.
(B) The manufacturing needs critical to the
national security and economic security of the United
States.
(C) The diversity, security, reliability, and
strength of--
(i) supply chains, including single point
of failure, single producer, or consolidated
manufacturing; and
(ii) the sources of critical goods,
industrial equipment, or manufacturing
technology, including those obtained or
purchased from a person outside of the United
States or imported into the United States.
(D) The availability, capability, and capacity of
domestic manufacturers or manufacturers located in
countries that are allies or key international partners
to serve as a source of a critical good, industrial
equipment, or manufacturing technology.
(E) The effect on the economic security of the
United States, including jobs and wages, that may
result from the disruption, strain, compromise, or
elimination of a supply chain.
(F) The effect on the national security of the
United States that may result from the disruption,
strain, compromise, or elimination of a supply chain.
(G) The state of the manufacturing workforce,
including--
(i) the needs of domestic manufacturers;
and
(ii) opportunities to create high-quality
manufacturing jobs.
(H) Investments in critical goods, industrial
equipment, or manufacturing technology from non-Federal
sources.
(3) In consultation with the coordination group established
under subsection (c), States or political subdivisions thereof,
and Tribal governments, and, as appropriate, in cooperation
with the governments of countries that are allies or key
international partners of the United States, the following:
(A) Identify opportunities to reduce supply chain
gaps and vulnerabilities in critical industries and
supply chains.
(B) Encourage partnerships between the Federal
Government and industry, labor organizations, States
and political subdivisions thereof, and territorial and
Tribal governments to better respond to supply chain
shocks to critical industries and supply chains and
coordinate response efforts.
(C) Encourage partnerships between the Federal
Government and the governments of countries that are
allies or key international partners of the United
States.
(D) Develop or identify opportunities to build the
capacity of the United States in critical industries
and supply chains.
(E) Develop or identify opportunities to build the
capacity of countries that are allies or key
international partners of the United States in critical
industries and supply chains.
(4) In coordination with the Secretary of State and the
United States Trade Representative work with governments of
countries that are allies or key international partners of the
United States to promote diversified and resilient supply
chains that ensure the supply of critical goods, industrial
equipment, and manufacturing technology to the United States
and companies of countries that are allies or key international
partners of the United States.
(5) Coordinate with other offices and divisions of the
Department of Commerce and other Federal agencies to use
authorities, as of the date of the enactment of this section,
to encourage the resilience of supply chains of critical
industries.
(b) Continuous Monitoring.--The Assistant Secretary, in
consultation with the head of any relevant Federal agency, including
those with jurisdiction over supply chains, shall continuously monitor
the resilience, diversity, security, and strength of supply chains.
(c) Coordination Group.--
(1) In general.--In carrying out the applicable activities
under subsection (a), the Assistant Secretary shall establish a
unified coordination group led by the Assistant Secretary which
shall include private sector partners, labor organizations,
and, as appropriate, federally funded research and development
centers, to serve as a method for consultation between and
among Federal agencies described under subsection (g) to plan
for and respond to supply chain shocks and support the
resilience, diversity, security, and strength of supply chains.
(2) Implementation.--In consultation with the unified
coordination group established under paragraph (1), the
Assistant Secretary shall do the following:
(A) Acquire on a voluntary basis technical,
engineering, and operational supply chain information
from the private sector in a manner that ensures any
supply chain information provided by the private sector
is kept confidential and is exempt from disclosure
under section 552(b)(3) of title 5, United States Code
(commonly known as the ``Freedom of Information Act'').
(B) Study the supply chain information acquired
under subparagraph (A) to--
(i) identify supply chains;
(ii) assess the resilience of supply
chains;
(iii) identify supply chains vulnerable to
disruption, strain, compromise, or elimination;
and
(iv) inform planning.
(C) Convene with relevant private sector entities
to share best practices, planning, and capabilities to
respond to potential supply chain shocks.
(D) Develop contingency plans and coordination
mechanisms to ensure an effective and coordinated
response to potential supply chain shocks.
(3) Subgroups.--In carrying out the activities described in
paragraph (2), the Assistant Secretary may establish subgroups
of the unified coordination group established under paragraph
(1) led by the head of an appropriate Federal agency.
(4) International cooperation.--The Secretary, in
consultation with other relevant Federal agencies, may
cooperate with governments of countries that are allies or key
international partners of the United States relating to
enhancing the security and resilience of supply chains in
response to supply chain shocks.
(d) Designations.--The Assistant Secretary shall--
(1) not later than 270 days after the date of the enactment
of this Act, designate--
(A) critical industries;
(B) supply chains; and
(C) critical goods;
(2) provide for a period of public comment and review in
carrying out paragraph (1); and
(3) update the designations made under paragraph (1) not
less frequently than once every four years.
(e) Quadrennial Report on Supply Chain Resilience and Domestic
Manufacturing.--
(1) In general.--Not later than four years after the date
on which the final Sectoral Supply Chain Assessments report on
supply chains required under section 4(a) of Executive Order
No. 14017 (relating to America's supply chains) is submitted,
and not later than once every four years thereafter, the
Assistant Secretary, in coordination with the head of each
relevant Federal agency and relevant private sector entities,
labor organizations, States and political subdivisions thereof,
and territorial and Tribal governments, shall submit to the
relevant committees of Congress and post on the website of the
Assistant Secretary a report on supply chain resilience and
domestic manufacturing (in this subsection referred to as the
``report'') to strengthen, improve, and preserve the
resilience, diversity, security, and strength of supply chains.
(2) Contents of report.--The report shall include the
following:
(A) An identification of--
(i) the critical industries, supply chains,
and critical goods designated under subsection
(d);
(ii) supplies that are critical to the
crisis preparedness of the United States;
(iii) substitutes for critical goods,
industrial equipment, and manufacturing
technology;
(iv) the matters identified and evaluated
pursuant to subsection (a)(2); and
(v) countries that are critical to
addressing international and domestic supply
chain weaknesses and vulnerabilities.
(B) A description of--
(i) the manufacturing base and supply
chains in the United States, including the
manufacturing base and supply chains for--
(I) industrial equipment;
(II) critical goods, including raw
materials, semiconductors, and rare
earth permanent magnets, that are
essential to the production of
technologies and supplies for critical
industries; and
(III) manufacturing technology; and
(ii) the ability of the United States to--
(I) maintain readiness with respect
to preparing for and responding to
supply chain shocks; and
(II) in response to a supply chain
shock--
(aa) surge production in
critical industries;
(bb) surge production of
critical goods and industrial
equipment; and
(cc) maintain access to
critical goods, industrial
equipment, and manufacturing
technology.
(C) An assessment and description of--
(i) demand and supply of critical goods,
industrial equipment, and manufacturing
technology;
(ii) production of critical goods,
industrial equipment, and manufacturing
technology by domestic manufacturers;
(iii) the capability and capacity of
domestic manufacturers and manufacturers in
countries that are allies or key international
partners of the United States to manufacture
critical goods, industrial equipment, and
manufacturing technology; and
(iv) how supply chain shocks could affect
rural, Tribal, and underserved communities.
(D) An identification of defense, intelligence,
homeland, economic, domestic labor supply, natural,
geopolitical, or other contingencies and other supply
chain shocks that may disrupt, strain, compromise, or
eliminate a supply chain.
(E) An assessment of--
(i) the resilience and capacity of the
manufacturing base, supply chains, and
workforce of the United States and allies and
key international partners that can sustain
critical industries through a supply chain
shock;
(ii) the flexible manufacturing capacity
and capabilities available in the United States
in the case of a supply chain shock; and
(iii) the effect innovation has on domestic
manufacturing.
(F) Specific recommendations to improve the
security and resilience of manufacturing capacity and
supply chains through the following:
(i) Developing long-term strategies.
(ii) Increasing visibility into the
networks and capabilities of suppliers and
domestic manufacturers.
(iii) Identifying industry best practices.
(iv) Evaluating how diverse supplier
networks, multi-platform and multi-region
production capabilities and sources, and
integrated global and regional supply chains
can--
(I) enhance the resilience of
critical industries and manufacturing
capabilities in the United States;
(II) support and create jobs in the
United States; and
(III) support access of the United
States to critical goods during a
supply chain shock.
(v) Identifying and mitigating risks,
including--
(I) the financial and operational
risks of a supply chain;
(II) significant vulnerabilities to
supply chain shocks and other
emergencies; and
(III) exposure to gaps and
vulnerabilities in--
(aa) domestic capacity or
capabilities; and
(bb) sources of imports
needed to sustain critical
industries and supply chains.
(vi) Identifying enterprise resource
planning systems that are--
(I) compatible across supply chain
tiers; and
(II) affordable for small and
medium-sized businesses.
(vii) Understanding the total cost of
ownership, total value contribution, and other
best practices that encourage strategic
partnerships throughout supply chains.
(viii) Understanding Federal procurement
opportunities to increase resilience of supply
chains and fill gaps in domestic purchasing of
critical goods.
(ix) Identifying policies that maximize job
retention and creation in the United States,
including workforce development programs.
(x) Identifying opportunities to work with
allies or key international partners of the
United States to build more resilient critical
industry supply chains and mitigate risks.
(xi) Identifying areas requiring further
investment in research and development or
workforce education.
(xii) Identifying such other services as
the Assistant Secretary determines necessary.
(xiii) Identifying opportunities to reuse
and recycle critical goods, including raw
materials, to increase resilience of supply
chains.
(G) Guidance to the National Science Foundation and
other relevant Federal agencies with respect to
critical goods, industrial equipment, and manufacturing
technologies that should be prioritized.
(H) With respect to countries that are allies or
key international partners of the United States--
(i) a review of and, if appropriate,
recommendations for expanding the sourcing of
critical goods, industrial equipment, and
manufacturing technology associated with
critical industries from those countries; and
(ii) a recommendation to coordinate with
those countries on--
(I) sourcing critical goods,
industrial equipment, and manufacturing
technology; and
(II) developing, sustaining, and
expanding production and availability
of supply chains, critical goods,
industrial equipment, and manufacturing
technology during a supply chain shock.
(I) Recommendations for strengthening the financial
and operational health of small and medium-sized
businesses in supply chains of the United States and
countries that are allies or key international partners
of the United States to mitigate risks and ensure
diverse and competitive supplier markets that are less
vulnerable to failure.
(J) An assessment of policies, rules, and
regulations that impact the operating costs of domestic
manufacturers and inhibit the ability for domestic
manufacturers to compete with global competitors.
(K) Recommendations regarding freight and logistics
necessary to support supply chains.
(3) Prohibition.--The report may not include--
(A) supply chain information that is not
aggregated; or
(B) confidential business information of a private
sector entity.
(4) Collaboration.--The head of any Federal agency with
jurisdiction over any supply chain shall collaborate with the
Assistant Secretary and provide any information, data, or
assistance that the Assistant Secretary determines to be
necessary for developing the report.
(5) Form.--The report, and any update submitted thereafter,
shall be submitted in unclassified form and may include a
classified annex.
(6) Public comment.--The Assistant Secretary shall provide
for a period of public comment and review in developing the
report.
(f) Report to Congress.--Concurrent with the annual submission by
the Secretary of the budget under section 1105 of title 31, United
States Code, the Secretary shall submit to the relevant committees of
Congress and post on the website of the Assistant Secretary a report
that contains a summary of the activities required under subsection (a)
carried out under this section during the fiscal year covered by the
report. Such report shall be submitted in unclassified form and may
include a classified annex.
(g) Coordination.--
(1) In general.--In implementing the requirements under
subsection (e), the Assistant Secretary shall, as appropriate
coordinate with--
(A) the heads of appropriate Federal agencies,
including--
(i) the Secretary of State; and
(ii) the United States Trade
Representative; and
(B) the Attorney General and the Federal Trade
Commission with respect to--
(i) advice on the design and activities of
the unified coordination group described in
subsection (c)(1); and
(ii) ensuring compliance with Federal
antitrust law.
(2) Specific coordination.--In carrying out the
requirements under this section, with respect to supply chains
involving specific sectors, the Assistant Secretary shall, as
appropriate, coordinate with--
(A) the Secretary of Defense;
(B) the Secretary of Homeland Security;
(C) the Secretary of the Treasury;
(D) the Secretary of Energy;
(E) the Secretary of Transportation;
(F) the Secretary of Agriculture;
(G) the Director of National Intelligence;
(H) the Secretary of Health and Human Services;
(I) the Small Business Administration;
(J) the Secretary of Labor; and
(K) the head of any other relevant Federal agency,
as appropriate.
(h) Rule of Construction.--Nothing in this section shall be
construed to require any private entity--
(1) to share information with the Secretary or Assistant
Secretary;
(2) to request assistance from the Secretary or Assistant
Secretary; or
(3) that requests assistance from the Secretary or
Assistant Secretary to implement any measure or recommendation
suggested by the Secretary or Assistant Secretary.
(i) Protections.--
(1) In general.--Supply chain information that is
voluntarily and lawfully submitted by a private entity and
accompanied by an express statement described in paragraph (2)
of this subsection--
(A) shall be exempt from disclosure under section
552(b)(3) of title 5, United States Code;
(B) shall not be made available by any Federal,
State, local, or Tribal authority pursuant to any
Federal, State, local, or Tribal law requiring public
disclosure of information or records; and
(C) shall not, without the written consent of the
person or entity submitting such information, be used
directly by the Assistant Secretary, or any other
Federal, State, or local authority in any civil
enforcement action brought by a Federal, State, or
local authority.
(2) Express statement.--The express statement described in
this paragraph, with respect to information or records, is--
(A) in the case of written information or records,
a written marking on the information or records
substantially similar to the following: ``This
information is voluntarily submitted to the Federal
Government in expectation of protection from disclosure
as provided by the provisions of section 20203(i) of
the America COMPETES Act of 2022.''; or
(B) in the case of oral information, a written
statement similar to the statement described in
subparagraph (A) submitted within a reasonable period
following the oral communication.
(3) Inapplicability to semiconductor incentive program.--
This subsection shall not apply to the voluntary submission of
supply chain information by a private entity in an application
for Federal financial assistance under section 9902 of the
William M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021 (Public Law 116-283).
(j) No Effect on Discovery.--Subject to subsection (i), nothing in
this section, nor any rule, regulation, or amendment shall be construed
to create a defense to a discovery request, or otherwise limit or
affect the discovery of supply chain information from a private entity
arising from a cause of action authorized under any under Federal,
State, local, or Tribal law.
(k) Consistency With International Agreements.--This section shall
be applied in a manner consistent with United States obligations under
international agreements.
(l) Authorization of Appropriations.--There is authorized to be
appropriated to the Assistant Secretary $500,000,000 for fiscal years
2022 through 2027, to remain available until expended, to carry out
this section, of which not more than 2 percent per fiscal year may be
used for administrative costs.
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).
(e) Requirements.--The Assistant Secretary may only provide a
grant, loan, or loan guarantee to an eligible entity if the Assistant
Secretary makes a determination of the following:
(1) The grant, loan, or loan guarantee is for an eligible
activity.
(2) Without the grant, loan, or loan guarantee, the
eligible entity would not be able to fund or finance the
eligible activity under reasonable terms and conditions.
(3) The grant, loan, or loan guarantee is a cost effective,
expedient, and practical form of financial assistance for the
eligible activity.
(4) There is a reasonable assurance that--
(A) the eligible entity will implement the eligible
activity in accordance with the application submitted
under subsection (b); and
(B) the eligible activity will support--
(i) the resilience, diversity, security, or
strength of a supply chain; and
(ii) the national security or economic
security of the United States.
(5) The eligible entity agrees to provide the information
required under subsection (m)(3).
(6) For an eligible activity described in subparagraph (B)
or (C) of subsection (c)(2), relocation of a manufacturing
facility or operations into the United States is uneconomical.
(7) The eligible activity does not support the production
of a critical good subject to an anti-dumping or countervailing
duty order imposed by the United States.
(f) Criteria.--The Assistant Secretary shall establish criteria for
the awarding of grants, loans, and loan guarantees that meet the
requirements of subsection (e), including the following:
(1) The extent to which the eligible activity supports the
resilience, diversity, security, and strength of a supply
chain.
(2) The extent to which the eligible activity is funded or
financed by non-Federal sources.
(3) The extent to which the grant, loan, or loan guarantee
will assist small and medium-sized domestic manufacturers.
(4) The amount of appropriations that are required to fund
or finance the grant, loan, or loan guarantee.
(g) Relocation Consideration.--In making a determination to provide
a loan or loan guarantee to an eligible entity for an eligible activity
described in subparagraph (B) or (C) of subsection (c)(2), the
Assistant Secretary--
(1) shall--
(A) consult with the Secretary of State and the
heads of other relevant Federal agencies, as
appropriate; and
(B) to the extent practicable, ensure no single
ally or key international partner benefits from an
outsized amount of Federal funding provided under this
section; and
(2) may take into considerations labor and environmental
standards of the ally or key international partner when
considering the siting locations for the eligible activity.
(h) Relocation Limitations.--As a condition of receiving a loan or
loan guarantee for an eligible activity described under subparagraph
(B) or (C) of subsection (c)(2), the Assistant Secretary shall prohibit
an eligible entity from making capital or labor investments in the
manufacturing facility or operation in the country of concern for the
duration of the grant, loan, or loan guarantee.
(i) Grant Cost Share.--
(1) In general.--The amount of a grant under this section
may not exceed 80 percent of the reasonably anticipated costs
of the eligible activity for which the grant is made.
(2) Waiver.--Upon providing written justification for a
determination made pursuant to this paragraph, which may be
submitted with a classified annex to the Committee on Energy
and Commerce of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate, the
Assistant Secretary may waive the cost share requirement of
paragraph (1)--
(A) during a period of national emergency declared
by an Act of Congress or the President; and
(B) upon making a determination that a grant is
necessary to avert the disruption, strain, compromise,
or elimination of a supply chain that would severely
affect the national security or economic security of
the United States.
(3) Use of other federal assistance.--Federal assistance
other than a grant under this section may be used to satisfy
the non-Federal share of the cost of the eligible activity.
(j) Loans and Loan Guarantees.--
(1) In general.--The Assistant Secretary may enter into an
agreement with an eligible entity to make a loan, the proceeds
of which shall be used to finance an eligible activity.
(2) Maximum amount.--The amount of a loan under this
section may not exceed 80 percent of the reasonably anticipated
costs of the eligible activity for which the loan is made.
(3) Waiver.--Upon providing written justification for a
determination made pursuant to this paragraph, which may be
submitted with a classified annex to the Committee on Energy
and Commerce of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate, the
Assistant Secretary may waive the requirement of paragraph
(2)--
(A) during a period of national emergency declared
by an Act of Congress or the President; or
(B) upon making a determination that a loan is
necessary to avert the disruption, strain, compromise,
or elimination of a supply chain that would severely
affect the national security or economic security of
the United States.
(4) Loan guarantees.--
(A) In general.--The Assistant Secretary may
provide a loan guarantee to a lender in lieu of making
a loan under this section.
(B) Terms.--The terms of a loan guarantee provided
under this section shall be consistent with the terms
established in this subsection for a loan.
(k) Manufacturing Investment Companies.--
(1) In general.--The Assistant Secretary may provide a loan
or loan guarantee to a manufacturing investment company.
(2) Equity capital.--A manufacturing investment company
shall use the proceeds of a loan or loan guarantee provided
under this subsection to provide a source of equity capital for
eligible entities to carry out eligible activities.
(3) Application.--The Assistant Secretary may not provide a
loan or loan guarantee to a manufacturing investment company
unless the manufacturing investment company submits to the
Assistant Secretary an application at such time, in such form,
and containing such information as the Assistant Secretary may
require, which shall include the following:
(A) A plan describing how the manufacturing
investment company intends to provide equity capital to
eligible entities to support the resilience, diversity,
security, and strength of supply chains.
(B) Information regarding the relevant
qualifications and general reputation of the management
of the manufacturing investment company.
(C) A description of how the manufacturing
investment company intends to address the unmet capital
needs of eligible entities.
(D) A description of whether and to what extent the
manufacturing investment company meets the criteria
established under paragraph (4).
(E) For a manufacturing investment company seeking
to provide equity capital for an eligible activity
described in subparagraph (B) or (C) of subsection
(c)(2), a description of domestic manufacturing
operations for the production of the critical good.
(4) Criteria.--The Secretary shall establish criteria for
the awarding of a loan or loan guarantee under this subsection
to a manufacturing investment company, including the following:
(A) The extent to which the equity capital to be
provided under paragraph (2) will support the
resilience, diversity, security, and strength of supply
chains.
(B) The extent to which the plan submitted under
paragraph (3)(A) will be funded or financed by non-
Federal sources.
(C) The extent to which the manufacturing
investment company will assist small and medium-sized
domestic manufacturers.
(D) The amount of appropriations that are required
to fund or finance the loan or loan guarantee.
(5) Requirements.--As a condition for providing a loan or
loan guarantee under this subsection, the Assistant Secretary
shall require a manufacturing investment company to certify the
following:
(A) The equity capital is for an eligible activity.
(B) Without the equity capital, the eligible entity
would not be able to fund or finance the eligible
activity under reasonable terms and conditions.
(C) The equity capital is a cost effective,
expedient, and practical form of financial assistance
for the eligible activity.
(D) There is a reasonable assurance that--
(i) the eligible entity will implement the
eligible activity; and
(ii) the eligible activity will support--
(I) the resilience, diversity,
security, or strength of a supply
chain; and
(II) the national security or
economic security of the United States.
(E) The manufacturing investment company will
provide the information required under paragraph
(6)(C).
(F) In the case of an eligible activity described
in subsection (c)(2) (B) or (C), relocation of a
manufacturing facility or operations into the United
States is uneconomical.
(G) The eligible activity does not support the
production of a critical good subject to an anti-
dumping or countervailing duty order imposed by the
United States.
(6) Performance measures.--For loans and loan guarantees
provided under this subsection, the Assistant Secretary shall--
(A) develop metrics to assess the extent to which
manufacturing investment companies meet the criteria
established under paragraph (4);
(B) assess the extent to which each manufacturing
investment company awarded a loan or loan guarantee is
meeting the criteria established under paragraph (4);
and
(C) require the manufacturing investment company to
provide to the Assistant Secretary any information
relating to the loan or loan guarantee that the
Assistant Secretary determines to be necessary to
conduct the assessment under subparagraph (B).
(7) Equity caps.--The Assistant Secretary may, as a
condition of providing a loan or loan guarantee under this
subsection, establish limits on--
(A) the maximum amount of equity or quasi-equity
securities, shares, or financial interests a
manufacturing investment company may purchase, make and
fund commitments to purchase, invest in, make pledges
in respect of, or otherwise acquire from an eligible
entity; and
(B) the maximum amount of assets a manufacturing
investment company may hold to be eligible for a loan
or loan guarantee under this subsection.
(8) Conditions.--The Assistant Secretary may prescribe
either specifically or by maximum limits or otherwise, rates of
interest, guarantee and commitment fees, and other charges
which may be made in connection with equity capital made under
this subsection.
(9) Relocation consideration.--In making a determination to
provide a loan or loan guarantee to a manufacturing investment
company for an eligible activity described under subparagraph
(B) or (C) of subsection (c)(2), the Assistant Secretary may
take into consideration labor and environmental standards of
the ally or key international partner when considering the
siting locations for the eligible activity.
(10) Relocation limitations.--As a condition of receiving a
loan or loan guarantee from a manufacturing investment company
for an eligible activity described under subparagraph (B) or
(C) of subsection (c)(2), the manufacturing investment company
shall prohibit an eligible entity from making capital or labor
investments in the manufacturing facility or operation in the
country of concern for the duration of the equity capital.
(l) Creditworthiness.--
(1) In general.--For a loan or loan guarantee provided
under this section, the manufacturing investment company or
eligible entity and eligible activity receiving such loan or
loan guarantee shall be creditworthy, which shall be determined
by the Assistant Secretary.
(2) Considerations.--In determining the creditworthiness of
a manufacturing investment company or an eligible entity and
eligible activity under paragraph (1), the Assistant Secretary
shall take into consideration relevant factors, including the
following:
(A) The terms, conditions, financial structure, and
security features of the loan or loan guarantee.
(B) The revenue sources that will secure or fund
any note, bond, debenture, or other debt obligation
issued in connection with the loan or loan guarantee.
(C) The financial assumptions upon which the loan
or loan guarantee is based.
(D) The ability of--
(i) the manufacturing investment company to
provide a source of equity capital for eligible
entities; or
(ii) the eligible entity to successfully
achieve the goal of the eligible activity.
(E) The financial soundness and credit history of
the manufacturing investment company or eligible
entity.
(m) Conditions.--The Assistant Secretary may prescribe--
(1) either specifically or by maximum limits or otherwise,
rates of interest, guarantee and commitment fees, and other
charges which may be made in connection with a loan or loan
guarantee made under this section; and
(2) regulations governing the forms and procedures (which
shall be uniform to the extent practicable) to be used in
connection with such loans and loan guarantees.
(n) Selection of Recipients.--
(1) Ability to meet criteria.--To the extent practicable,
in awarding grants, loans, and loan guarantees under this
section, the Assistant Secretary shall--
(A) select--
(i) manufacturing investment companies that
best meet the criteria established under
subsection (k)(4); and
(ii) eligible entities and eligible
activities that best meet the criteria
established under subsection (f); and
(B) serve the greatest needs for a diverse array of
critical industries.
(2) Priority.--In awarding grants, loans, and loan
guarantees under this section, the Assistant Secretary shall
prioritize--
(A) eligible activities that--
(i) are within the United States and employ
citizens of the United States; and
(ii) will result in the production of
critical goods that relate to the strategic
needs of the Federal Government in preparing
for and responding to supply chain shocks;
(B) eligible entities that agree to coordinate with
the Assistant Secretary to assist the United States in
preparing for and responding to supply chain shocks,
including through the manufacture of critical goods, as
necessary; and
(C) small and medium sized manufacturers.
(o) Performance Measures.--For grants, loans, and loan guarantees
provided under this section to eligible entities, the Assistant
Secretary shall--
(1) develop metrics to assess the extent to which the
criteria established under subsection (f) are met;
(2) assess the extent to which the criteria established
under subsection (f) are met; and
(3) require the eligible entity to provide to the Assistant
Secretary any information that the Assistant Secretary
determines to be necessary to conduct the assessment under
paragraph (2).
(p) Construction Projects.--The requirements of section 602 of the
Public Works and Economic Development Act of 1965 (42 U.S.C. 3212)
shall apply to a construction project that receives financial
assistance from the Assistant Secretary under this section in the same
manner as such requirements apply to a project assisted by the
Secretary under such Act.
(q) Workforce Protections.--Any eligible entity and manufacturing
investment company applying for a grant, loan, or loan guarantee under
this section, in any case in which the eligible entity has 100 or more
employees, shall make a good-faith certification to the Assistant
Secretary that--
(1) the eligible entity will not abrogate existing
collective bargaining agreements, as applicable, for--
(A) the term of the grant; or
(B) the term of the loan or loan guarantee and 2
years after completing repayment of the loan; and
(2) the eligible entity will remain neutral in any union
organizing effort for the term of the grant, loan, or loan
guarantee.
(r) Consistency With International Agreements.--This section shall
be applied in a manner consistent with United States obligations under
international agreements.
(s) Limitation.--To the extent practicable, none of the funds made
available to carry out this section may be used to support
manufacturing in a country of concern.
(t) Regulations.--The Assistant Secretary may promulgate such
regulations as the Assistant Secretary determines to be appropriate to
carry out this section.
(u) Supply Chains for Critical Manufacturing Industries Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund to be known as the ``Supply Chains for
Critical Manufacturing Industries Fund'' (in this section
referred to as the ``Fund''), which shall solely be used by the
Assistant Secretary to carry out this section.
(2) Revolving loan fund.--The proceeds of any conditions
prescribed under subsection (k)(1) shall be deposited into the
Fund.
(v) Rule of Construction.--Nothing in this section may be construed
to permit the proceeds of a grant, loan, loan guarantee, or equity
investment to support activities that offshore manufacturing capacity
from the United States.
(w) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Fund $45,000,000,000 for fiscal years 2022 through 2027.
Such amount is authorized to remain available until expended.
(2) Purposes.--Of the amount authorized to be appropriated
under paragraph (1), not more than--
(A) $31,000,000,000 is authorized to be
appropriated for loans and loan guarantees to eligible
entities;
(B) $10,000,000,000 is authorized to be
appropriated for grants to eligible entities; and
(C) $4,000,000,000 is authorized to be appropriated
for loans and loan guarantees to manufacturing
investment companies.
(3) Administrative costs.--Of the amounts authorized to be
appropriated under paragraph (2), up to 2 percent per fiscal
year is authorized to be appropriated for administrative costs
associated with carrying out this section.
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.
(9) Leverage existing mechanisms for the Federal Government
to provide supply chain solutions, including manufacturing
technology, in collaboration with the Manufacturing USA
institutes and Manufacturing Extension Partnerships described
in paragraph (1). The Manufacturing USA institutes and
Manufacturing Extension Partnerships may provide products,
tools, and workforce development solutions related to critical
supply chain resiliency for United States manufacturers, with
allocated resources specific to small and medium sized
manufacturers.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Office $500,000,000 for fiscal years 2022 through
2027, to remain available until expended, for the Assistant Secretary
to carry out this section, of which not more than 2 percent per fiscal
year may be used for administrative costs.
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
$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. 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.
SEC. 20209. DEFINITIONS.
In this subtitle:
(1) Ally or key international partner.--The term ``ally or
key international partner'' does not include--
(A) a country that poses a significant national
security or economic security risk to the United
States; or
(B) a country of concern.
(2) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Manufacturing Security and
Resilience appointed pursuant to section 20201(c).
(3) Country of concern.--The term ``country of concern''
means a country in which a concentrated supply chain is located
and--
(A) that poses a significant national security or
economic security threat to the United States;
(B) is a covered nation (as defined under section
2533c(d) of title 10, United States Code); or
(C) whose government, or elements of such
government, has proven to have, or has been credibly
alleged to have, committed crimes against humanity or
genocide.
(4) Covered western hemisphere countries.--The term
``covered Western Hemisphere countries'' means the following
countries: Anguilla, Antigua and Barbuda, Argentina, Aruba, The
Bahamas, Barbados, Belize, Bermuda, Bolivia, Brazil, the
British Virgin Islands, Canada, Chile, Colombia, Costa Rica,
Dominica, Dominican Republic, Ecuador, El Salvador, Grenada,
Guatemala, Guyana, Haiti, Honduras, Jamaica, Mexico,
Montserrat, Netherlands Antilles, Panama, Paraguay, Peru, Saint
Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines,
Suriname, Trinidad and Tobago, Turks and Caicos Islands,
Uruguay, and the sovereign government recognized by the United
States in Venezuela.
(5) Critical good.--The term ``critical good'' means any
raw, in process, or manufactured material (including any
mineral, metal, or advanced processed material), article,
commodity, supply, product, or item of supply the absence of
which would have a significant effect on--
(A) the national security or economic security of
the United States; and
(B) critical infrastructure.
(6) Critical industry.--The term ``critical industry''
means an industry that is critical for the national security or
economic security of the United States, considering key
technology focus areas and critical infrastructure.
(7) Critical infrastructure.--The term ``critical
infrastructure'' has the meaning given to that term in the
Critical Infrastructures Protection Act of 2001 (42 U.S.C.
5195c).
(8) Domestic enterprise.--The term ``domestic enterprise''
means an enterprise that conducts business in the United States
and procures a critical good.
(9) Domestic manufacturer.--The term ``domestic
manufacturer'' means a business that--
(A) conducts in the United States the research and
development, engineering, or production activities
necessary or incidental to manufacturing; or
(B) if provided a grant, loan, loan guarantee, or
equity investment under section 20204, will conduct in
the United States the research and development,
engineering, or production activities necessary or
incidental to manufacturing.
(10) Economically distressed area.--The term ``economically
distressed area'' means an area that meets 1 or more of the
requirements described in section 301(a) of the Public Works
and Economic Development Act of 1965 (42 U.S.C. 3161(a)).
(11) Eligible activity.--The term ``eligible activity''
means an activity described under section 20204(c).
(12) Eligible entity.--The term ``eligible entity'' means
an entity described under section 20204(d).
(13) Federal agency.--The term ``Federal agency'' has the
meaning given the term ``agency'' in section 551 of title 5,
United States Code.
(14) Industrial equipment.--The term ``industrial
equipment'' means any component, subsystem, system, equipment,
tooling, accessory, part, or assembly necessary for the
manufacturing of a critical good.
(15) Institution of higher education.--The term
``institution of higher education'' has the meaning given that
term under section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a)).
(16) Key technology focus areas.--The term ``key technology
focus areas'' means the following:
(A) Artificial intelligence, machine learning,
autonomy, and related advances.
(B) High performance computing, semiconductors, and
advanced computer hardware and software.
(C) Quantum information science and technology.
(D) Robotics, automation, and advanced
manufacturing.
(E) Natural and anthropogenic disaster prevention
or mitigation.
(F) Advanced communications technology (including
optical transmission components) and immersive
technology.
(G) Advanced communications technology (including
optical transmission components) and educational
technology.
(H) Biotechnology, medical technology, genomics,
and synthetic biology.
(I) Data storage, data management, distributed
ledger technologies, and cybersecurity, including
biometrics.
(J) Advanced energy and industrial efficacy
technologies, such as batteries, advanced nuclear
technologies, and polysilicon for use in solar
photovoltaics, including for the purposes of electric
generation (consistent with section 15 of the National
Science Foundation Act of 1950 (42 U.S.C. 1874)).
(K) Advanced materials science, including
composites and 2D materials and equipment, aerospace
grade metals, and aerospace specific manufacturing
enabling chemicals.
(17) Labor organization.--The term ``labor organization''
has the meaning given the term in section 2(5) of the National
Labor Relations Act (29 U.S.C. 152(5)), except that such term
shall also include--
(A) any organization composed of labor
organizations, such as a labor union federation or a
State or municipal labor body; and
(B) any organization which would be included in the
definition for such term under such section 2(5) but
for the fact that the organization represents--
(i) individuals employed by the United
States, any wholly owned Government
corporation, any Federal Reserve Bank, or any
State or political subdivision thereof;
(ii) individuals employed by persons
subject to the Railway Labor Act (45 U.S.C. 151
et seq.); or
(iii) individuals employed as agricultural
laborers.
(18) Lender.--The term ``lender'' means any non-Federal
qualified institutional buyer (as defined in section
230.144A(a) of title 17, Code of Federal Regulations or a
successor regulation).
(19) Loan.--The term ``loan'' means a direct loan or other
debt obligation issued by an eligible entity or a manufacturing
investment company and funded by the Assistant Secretary in
connection with the financing of an eligible activity under
section 20204.
(20) Loan guarantee.--The term ``loan guarantee'' means any
guarantee or other pledge by the Assistant Secretary under
section 20204 to pay all or part of the principal of, and
interest on, a loan or other debt obligation entered into by an
eligible entity or a manufacturing investment company and
funded by a lender.
(21) Manufacture.--The term ``manufacture'' means any
activity that is necessary for or incidental to the
development, production, processing, distribution, or delivery
of any raw, in process, or manufactured material (including any
mineral, metal, and advanced processed material), article,
commodity, supply, product, critical good, or item of supply.
(22) Manufacturing facility.--The term ``manufacturing
facility'' means any type of building, structure, or real
property necessary or incidental to the manufacturing of a
critical good.
(23) Manufacturing investment company.--The term
``manufacturing investment company'' means an incorporated
body, a limited liability company, or a limited partnership,
including a consortium of public and private entities,
organized and chartered or otherwise existing under State law.
(24) Manufacturing technology.--The term ``manufacturing
technology'' means technologies that are necessary or
incidental to the manufacturing of a critical good.
(25) Nonprofit organization.--The term ``nonprofit
organization'' means an organization that is described in
section 501(c)(3) of the Internal Revenue Code of 1986 and
exempt from taxation under section 501(a) of such Code.
(26) Office.--The term ``Office'' means the Office of
Manufacturing Security and Resilience established under section
20201.
(27) Offshore.--The term ``offshore'' means the transfer or
relocation of manufacturing capacity that is occurring or
otherwise would occur in the United States to another country.
(28) Relevant committees of congress.--The term ``relevant
committees of Congress'' means the following:
(A) The Committee on Commerce, Science, and
Transportation of the Senate.
(B) The Committee on Appropriations of the Senate.
(C) The Committee on Finance of the Senate.
(D) The Committee on Homeland Security and
Governmental Affairs of the Senate.
(E) The Committee on Armed Services of the Senate.
(F) The Committee on Energy and Natural Resources
of the Senate.
(G) The Select Committee on Intelligence of the
Senate.
(H) The Committee on Science, Space, and Technology
of the House of Representatives.
(I) The Committee on Energy and Commerce of the
House of Representatives.
(J) The Committee on Appropriations of the House of
Representatives.
(K) The Committee on Ways and Means of the House of
Representatives.
(L) The Committee on Homeland Security of the House
of Representatives.
(M) The Committee on Armed Services of the House of
Representatives.
(N) The Permanent Select Committee on Intelligence
of the House of Representatives.
(O) The Committee on Agriculture of the House of
Representatives.
(P) The Committee on Agriculture, Nutrition, and
Forestry of the Senate.
(29) Resilient supply chain.--The term ``resilient supply
chain'' means a supply chain that--
(A) ensures that the United States can sustain
critical industry production, supply chains, services,
and access to critical goods, industrial equipment, and
manufacturing technology during supply chain shocks;
and
(B) has key components of resilience that include--
(i) effective private sector risk
management and mitigation planning to sustain
supply chains and supplier networks during a
supply chain shock;
(ii) minimized or managed exposure to
supply chain shocks; and
(iii) the financial and operational
capacity to--
(I) sustain supply chains during
supply chain shocks; and
(II) recover from supply chain
shocks.
(30) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(31) Small business concern.--The term ``small business
concern'' has the meaning given that term in section 3(a) of
the Small Business Act (15 U.S.C. 632(a)).
(32) State.--The term ``State'' means each State of the
United States, the District of Columbia, American Samoa, Guam,
the Commonwealth of the Northern Mariana Islands, Puerto Rico,
the Virgin Islands of the United States, and any other
territory of the United States.
(33) Supply chain.--The term ``supply chain'' means a
supply chain for a critical good.
(34) Supply chain information.--The term ``supply chain
information'' means information that is not customarily in the
public domain and relating to--
(A) sustaining and adapting supply chains during a
supply chain shock;
(B) supply chain risk mitigation and recovery
planning with respect to a supply chain shock,
including any planned or past assessment, projection,
or estimate of a vulnerability within the supply chain,
including testing, supplier network assessments,
production flexibility, risk evaluations thereto, risk
management planning, or risk audits; or
(C) operational best practices, planning, and
supplier partnerships that enable enhanced resilience
of supply chains during a supply chain shock, including
response, repair, recovery, reconstruction, insurance,
or continuity.
(35) Supply chain shock.--The term ``supply chain shock''
includes the following:
(A) A natural disaster or extreme weather event.
(B) An accidental or human-caused event.
(C) An economic disruption.
(D) A pandemic.
(E) A biological threat.
(F) A cyber attack.
(G) A great power conflict.
(H) A terrorist or geopolitical attack.
(I) A public health emergency declared by the
Secretary of Health and Human Services pursuant to
section 319 of the Public Health Service Act (42 U.S.C.
247d).
(J) An event for which the President declares a
major disaster or an emergency under section 401 or
501, respectively, of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170 and
5191).
(K) A national emergency declared by the President
under the National Emergencies Act (50 U.S.C. 1601 et
seq.).
(L) Any other supply chain disruption or threat
that affects the national security or economic security
of the United States.
(36) Tribal government.--The term ``Tribal government''
means the governing body of a federally recognized Indian
Tribe, an Alaska Native tribal entity, or a Native Hawaiian
community.
SEC. 20210. DEPARTMENTS OF COMMERCE AND TRANSPORTATION SUPPLY CHAIN
REPORT.
Not later than 30 days after the date of the enactment of this Act,
the Secretary of Commerce, in consultation with the Secretary of
Transportation, shall publish and submit to Congress a report on the
following, related to supply chains in the United States:
(1) Points of congestion or blockages.
(2) Underlying causes of supply chain disruptions,
shortages, and delays.
(3) Other supply chain shortcomings which, with public or
private investment, could be remedied to result in more
efficient movement of goods into and within the United States.
SEC. 20211. SUPPLY CHAIN REPORT REQUIRED.
Not later than 60 days after the date of the enactment of this Act,
the Secretary shall conduct a governmentwide study and submit to
Congress a report on the steps that can be implemented within 30 days
after submitting the report to immediately address the supply chain
crisis.
SEC. 20212. NATIONAL COMMISSION ON CRITICAL SUPPLY CHAINS.
(a) Establishment.--Congress shall establish a National Commission
on Critical Supply Chains (referred to in this section as the
``Commission'').
(b) Purposes.--The purposes of the Commission shall be to--
(1) convene an independent entity that brings together
national experts in a highly visible forum to conduct a
systematic study and give guidance to Congress on the complex
and strategically important issues related to rebuilding
critical American supply chains;
(2) identify the critical supply chains in which the United
States is dependent on materials, products, equipment, or
services from foreign countries and in which substantial harm
would come to U.S. economic security, national defense, or way
of life if those supply chains were compromised or no longer
available;
(3) investigate in depth and report on existing
dependencies, limitations, and risks to the United States for
each of these critical supply chains, including considerations
for medical supplies, equipment, and medications; rare earth
materials; precision-integrated circuits and microchips;
machine tools and production equipment; defense components and
homeland security capabilities; scientific equipment needed for
advanced technology research and development; clothing and
textiles; and food and agricultural products;
(4) assess and provide guidance on key questions,
including--
(A) which driving forces are pushing U.S. companies
to offshore their procurement or their manufacturing
operations;
(B) how the United States can predict and prevent
future supply chain disruptions;
(C) what the United States can do to reduce future
vulnerabilities and risks;
(D) whether the United States can make the American
supply chain resilient enough to protect necessary
capabilities and resources;
(E) which manufacturing activities should be
performed strictly within the United States to ensure
economic and national security;
(F) what actions should be taken by the United
States to increase domestic manufacturing to meet
critical supply chain needs and improve its terms of
trade; and
(G) what would be the effects of a new national
manufacturing strategy on employment, growth,
innovation, and national security; and
(5) develop and propose specific recommendations, submit a
biannual comprehensive report (and intermediate updates as
necessary to maintain timely and relevant information), and
provide Congressional oversight to Congress to be used as a
resource for legislative actions to mitigate the risks of
future American supply chain disruptions.
(c) Membership.--
(1) Members.--The Commission shall be composed of 12
members, of whom--
(A) three members shall be appointed by the Speaker
of the House of Representatives, in consultation with
the chairpersons of relevant committees, including the
Committee on Ways and Means, Committee on Energy and
Commerce, Committee on Science, Space, and Technology,
Committee on Transportation and Infrastructure,
Committee on Armed Services, Committee on Natural
Resources, Committee on Small Business, Committee on
Homeland Security, and Committee on Agriculture of the
House of Representatives;
(B) three members shall be appointed by the
minority leader of the House of Representatives, in
consultation with the ranking minority Members of
relevant committees, including the Committees described
in subparagraph (A);
(C) three members shall be appointed by the
President pro tempore of the Senate upon the
recommendation of the majority leader of the Senate, in
consultation with the chairpersons of relevant
committees, including the Committee on Finance,
Committee on Commerce, Science, and Technology,
Committee on Armed Services, Committee on Energy and
Natural Resources, Committee on Small Business and
Entrepreneurship, Committee on Homeland Security and
Governmental Affairs, Committee on Environment and
Public Works, and Committee on Agriculture, Nutrition,
and Forestry of the Senate; and
(D) three members shall be appointed by the
President pro tempore of the Senate upon the
recommendation of the minority leader of the Senate, in
consultation with the ranking minority Members of
relevant committees, including the Committees described
in subparagraph (C).
(2) Chair; vice chair.--
(A) Appointment.--Not later than 30 days after the
initial meeting of the Commission, the Commission shall
elect a Chair and Vice Chair from among the
Commission's members by a simple majority vote, and
such Chair and Vice Chair shall be members of the
Commission who were appointed by appointing authorities
from different political parties under paragraph (1).
(B) Presence.--For purposes of appointing the
Chair, all 12 members must be present. If all 12
members are not present, appointment of the chair shall
be delayed until the next meeting of the Commission at
which all 12 members are present.
(C) Timing.--If a quorum is not present at that
initial meeting, the Chair shall be appointed at the
first meeting after that at which a quorum is present.
If a Vice Chair is elected before the Chair and no
Chair is elected, the Vice Chair shall serve as acting
Chair until the Chair is elected.
(D) New chair and vice chair each congress.--A new
Chair and Vice Chair shall be elected with respect to
each Congress. Any member that was a Chair or Vice
Chair in a Congress may not be elected to be a Chair or
Vice Chair in a subsequent Congress.
(3) Qualifications.--
(A) Areas of expertise.--
(i) In general.--Each individual appointed
to the Commission shall have substantial
expertise in one or more of the following
areas:
(I) Supply chain expertise,
including the following:
(aa) Advanced
manufacturing, with a focus on
distributed operations and
supply chain management.
(bb) Economics of U.S.
manufacturing.
(cc) Supply chain
logistics.
(dd) Supplier certification
and quality assurance
processes.
(ee) Raw materials sourcing
and distribution.
(ff) Metrics used by
Original Equipment Manufacturer
purchasing managers and chief
financial officers to make
purchasing decisions.
(II) Critical domain expertise,
including the following:
(aa) Health care, medical
device, and pharmaceutical
manufacturing.
(bb) Mining, supply, and
usage of rare earth materials.
(cc) Precision-integrated
circuits, microchips, and
semiconductor manufacturing.
(dd) Defense component
manufacturing and homeland
security products.
(ee) Advanced machine tools
and production equipment.
(ff) Scientific equipment
for high-precision research and
development.
(gg) Clothing and textiles
manufacturing.
(hh) Food production and
agricultural products
manufacturing.
(III) Industrial policy expertise,
including knowledge of industrial
organization, development economics,
and policy tools that have been used by
the United States and other developing
or industrial economies in the world.
(ii) Composition.--The composition of the
members of the Commission shall ensure the
Commission has substantial expertise in all
areas described in clause (i).
(B) Nongovernment appointees.--An individual
appointed to the Commission may not be an officer or
employee of the Federal Government.
(4) Appointment requirements.--
(A) Initial appointments.--Members of the
Commission shall be appointed not later than 45 days
after the date of the enactment of this Act.
(B) Term of appointments.--The term of each member
of the Commission shall expire on December 31 of the
second session of the Congress in which the member is
appointed to the Commission.
(C) Appointments with each congress.--Appointments
to the Commission made after the initial appointments
to the Commission under subparagraph (A) shall be made
not later than 30 days after the date on which each
Congress convenes.
(D) Renewal of appointments.--A member of the
Commission may be reappointed for additional terms of
service upon mutual agreement between such member and
the appointing authority that appointed such member to
the Commission.
(E) Vacancies.--A vacancy in the Commission shall
not affect the powers of the Commission and shall be
filled by the same appointing authority that made the
original appointment. Any member appointed to fill a
vacancy occurring before the expiration of the term for
which the member's predecessor was appointed shall be
appointed only for the remainder of that term. A member
may serve after the expiration of that member's term
until a successor has taken office. A vacancy in the
Commission shall be filled in the manner in which the
original appointment was made by not later than 30 days
after the date such vacancy occurs.
(F) Removal.--A member of the Commission may be
removed from the Commission at any time by the
appointing authority that appointed such member to the
Commission should the member fail to meet Commission
responsibilities.
(5) Compensation; travel expenses.--Each member of the
Commission may be compensated at a rate not to exceed the daily
equivalent of the annual rate of basic pay in effect for a
position at level IV of the Executive Schedule under section
5315 of title 5, United States Code, for each day during which
the member is engaged in the actual performance of the duties
of the Commission. Travel expenses of members of the Commission
shall be allowed at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, except that foreign travel for official purposes by
members of the Commission is not authorized.
(d) Meeting Requirements.--
(1) Initial meeting.--The Commission shall convene for an
initial meeting not later than 45 days after the initial
members of the Commission are all appointed. An initial meeting
may be convened so long as at least 10 members are present.
(2) Subsequent meetings.--After the initial meeting under
paragraph (1), the Commission shall meet upon the call of the
Chair or as determined by a majority of Commission members.
(3) Expectations for attendance by members.--Members are
expected to attend all Commission meetings. In the case of an
absence, members are expected to report to the Chair prior to
the meeting and allowance may be made for an absent member to
participate remotely. Members will still be responsible for
fulfilling prior commitments, regardless of attendance status.
If a member is absent from multiple meetings, the member may be
reviewed by the Chair and appointing authority that appointed
such member to the Commission and further action will be
considered, including removal and replacement on the
Commission.
(4) Quorum.--A majority of the members of the Commission
shall constitute a quorum.
(5) Voting.--Each member of the Commission shall be
entitled to one vote, which shall be equal to the vote of every
other member of the Commission.
(6) Meeting notes.--Meetings notes shall be made available
to the congressional committees of jurisdiction.
(e) Subcommittees and Working Groups.--The Commission may choose,
at the discretion of the Chair and Vice Chair, to establish
subcommittees and working groups for any purpose consistent with the
duties of the Commission. Any findings, conclusions, or recommendations
made by a subcommittee or working group shall be considered by the full
Commission, which shall be responsible for determining any final
findings, conclusions, and recommendations. Each such subcommittee or
working group shall operate only for the Congressional Session with
respect to which such subcommittee or group was established.
(f) Administration and Powers of Commission.--
(1) Hearings.--The Commission may, for the purpose of
carrying out this Act--
(A) hold such hearings, sit and act at such times
and places, take such testimony, receive such evidence,
and administer such oaths as the Commission considers
appropriate; and
(B) subject to paragraph (2), require the
attendance and testimony of witnesses and the
production of books, records, correspondence,
memoranda, papers, and documents.
(2) Obtaining official data.--
(A) In general.--The Commission may secure directly
from any executive department, bureau, agency, board,
commission, office, independent establishment, or other
instrumentality of the Federal Government or a State,
local, Tribal, or territorial government any
information, suggestions, estimates, and statistics to
enable the Commission to carry out this Act. Each such
department, bureau, agency, board, commission, office,
independent establishment, or instrumentality shall, to
the extent authorized by law, furnish such information,
suggestions, estimates, and statistics directly to the
Commission, upon request of the Chair of the Commission
and the Vice Chair of the Commission or any member
designated by a majority of the Commission.
(B) Receipt, handling, storage, and
dissemination.--Any information, suggestions,
estimates, and statistics submitted under subparagraph
(A) shall only be received, handled, stored, and
disseminated by members of the Commission and its
staff, consistent with applicable Federal law.
(3) Public hearings and meetings.--
(A) In general.--The Commission shall hold public
hearings and meetings as determined appropriate by the
Commission.
(B) Protection of certain information.--Any public
hearings and meetings of the Commission shall be
conducted in a manner consistent with applicable
Federal law regarding the protection of data submitted
to the Commission under paragraph (3).
(4) Personnel.--
(A) Staff.--
(i) Appointment; compensation; travel
expenses.--The Chair of the Commission, in
consultation with Vice Chair of the Commission,
and in accordance with rules agreed upon by the
Commission, may appoint and fix the
compensation of an executive director and other
additional technical and administrative
personnel as may be necessary to enable the
Commission to carry out its duties, without
regard to the provisions of title 5, United
States Code, governing appointments in the
competitive service, and without regard to the
provisions of chapter 51 and subchapter III of
chapter 53 of such title relating to
classification and General Schedule pay rates,
except that no rate of pay fixed under this
clause may exceed the equivalent of that
payable for a position at level V of the
Executive Schedule under section 5316 of title
5, United States Code. Travel expenses of the
executive director and other additional
technical and administrative personnel of the
Commission shall be allowed at rates authorized
for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code,
except that foreign travel for official
purposes by such director and personnel of the
Commission is not authorized.
(ii) Technical staff expertise
requirement.--Technical staff of the Commission
shall be individuals with substantial expertise
in one or more of the areas described in
subsection (c)(2). The expertise of such
technical staff shall augment the ability of
the Commission to have substantial expertise in
all areas so described.
(iii) Personnel as federal employees.--
(I) In general.--The executive
director and any other personnel of the
Commission shall be treated as
employees under section 2105 of title
5, United States Code, for purposes of
chapters 63, 81, 83, 84, 85, 87, 89,
and 90 of such title.
(II) Members of commission.--
Subclause (I) shall not be construed to
apply to members of the Commission.
(iv) Detailees.--Any Federal Government
employee may be detailed to the Commission
without reimbursement from the Commission, and
such detailee shall retain the rights, status,
and privileges of his or her regular employment
without interruption.
(v) Experts and consultants.--The
Commission may procure temporary and
intermittent services of experts and
consultants in accordance with section 3109 of
title 5, United States Code, but at a rate not
to exceed the daily equivalent of the annual
rate of basic pay in effect for a position at
level IV of the Executive Schedule under
section 5315 of title 5, United States Code.
(B) Assistance from federal agencies.--
(i) General services administration.--The
Administrator of General Services shall provide
to the Commission, on a reimbursable basis,
administrative support and other services
necessary to carry out the duties of the
Commission.
(ii) Other departments and agencies.--In
addition to the assistance described in
subparagraph (A), departments and agencies of
the Federal Government may provide to the
Commission such services, funds, facilities,
and staff as such departments and agencies
determine appropriate and as authorized by
Federal law.
(g) Security Clearances.--The members and staff of the Commission
shall obtain, if necessary to carry out the functions of the
Commission, appropriate security clearances for access to any
classified briefing, records, and materials to be reviewed by such
members or staff. The appropriate Federal agencies or departments shall
cooperate with the Commission in expeditiously providing to the members
and staff of the Commission security clearances pursuant to existing
procedures and requirements, except that no person may be provided with
access to classified information under this Act without the appropriate
security clearance.
(h) Reports.--
(1) Reports.--Not later than December 1 of each year that
the Commission remains active and in operation, the Commission
shall submit to the majority and minority leaders of the House
of Representatives and Senate a comprehensive report on the
findings, conclusions, and recommendations of the Commission
with respect to such year and including an executive summary of
the Commission's purposes and activities and any relevant
references and materials with respect to such year.
Notwithstanding the previous sentence, the Commission shall not
be required to submit a report under this paragraph with
respect to the first year in which such Commission is active
and in operation if the Commission is so active and in
operation for fewer than six months of such first year.
(2) Classified information.--In the case that a report
submitted under this subsection includes classified
information, the Commission shall also submit to the majority
and minority leaders of the House of Representatives and Senate
a redacted version of such report with such classified
information included as a classified annex to such report.
(3) Public availability.--Reports submitted under this
subsection, or the redacted versions of such reports (if
applicable), shall be made publicly available on a centralized
Federal internet website.
(i) Applicability of FACA.--Except as provided in subsection (j),
the provisions of the Federal Advisory Committee Act (5 U.S.C. App.)
shall apply to the activities of the Commission.
(j) Termination.--
(1) In general.--The Commission, and all the authorities of
the Commission under this Act, shall remain active and in
operation until the last day of the 10-year period beginning on
the date of the enactment of this Act.
(2) Administrative activities.--The Commission may use the
60-day period following the date of termination of the
Commission for the purpose of concluding its activities,
including providing testimony to Congress concerning its
results and disseminating the final report of the Commission.
(k) Authorization of Appropriations.--For purposes of carrying out
this section, there is authorized to be appropriated to the Commission
$6,000,000 for fiscal year 2022 and such sums as may be necessary for
each fiscal year thereafter through fiscal year 2032, to be available
until expended.
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.
(2) Purpose.--The purpose of the Advisory Council shall be
to provide recommendations to the Secretary and Federal
Government on ways to--
(A) provide worker education, training,
development, and entrepreneurship training;
(B) connect individuals and business with the
services described in subparagraph (A) that are offered
in the community of the individuals or businesses;
(C) coordinate services relating to employee
engagement, including employee ownership and workforce
training;
(D) connect manufacturers with career and technical
education entities, institutions of higher education,
community colleges, workforce development boards, labor
organizations, and nonprofit job training providers to
develop and support training and job placement services
and apprenticeship and online learning platforms for
new and incumbent workers;
(E) develop programming to prevent job losses as
entities adopt new technologies and processes; and
(F) develop best practices for employee ownership.
(c) Mission.--The mission of the Advisory Council shall be to--
(1) provide a forum for regular communication between the
Federal Government and the manufacturing sector in the United
States;
(2) advise the Federal Government regarding policies and
programs of the Federal Government that affect manufacturing in
the United States;
(3) provide a forum for discussing and proposing solutions
to problems relating to the manufacturing industry in the
United States; and
(4) provide advice and recommendations to the Federal
Government to help the United States remains the preeminent
destination throughout the world for investment in
manufacturing.
(d) Duties.--The duties of the Advisory Council shall include--
(1) meeting not less frequently than every 180 days to
provide independent advice and recommendations to the Secretary
regarding issues involving manufacturing in the United States;
(2) completing specific tasks requested by the Secretary;
(3) conveying input to the Assistant Secretary of the
Office of Supply Chain Resiliency and Crisis Response from key
industry, labor, academic, defense, governmental, and other
stakeholders to aid in the development of a national strategic
plan for manufacturing in the United States;
(4) monitoring the status of technological developments,
critical production capacity, skill availability, investment
patterns, emerging defense needs, and other key indicators of
manufacturing competitiveness to provide foresight for periodic
updates to the national strategic plan for manufacturing
developed under paragraph (3);
(5) soliciting input from the public and private sectors
and academia relating to emerging trends in manufacturing, the
responsiveness of Federal programming with respect to
manufacturing, and suggestions for areas of increased Federal
attention with respect to manufacturing;
(6) monitoring global manufacturing trends and global
threats to manufacturing sectors in the United States;
(7) providing advice and recommendations to the Federal
Government on matters relating to investment in and support of
the manufacturing workforce relating to--
(A) worker participation, including through labor
organizations and through other methods determined by
the Advisory Council, in the planning for deployment of
new technologies across an industry and within
workplaces;
(B) training and education priorities for the
Federal Government and for employers to assist workers
in adapting the skills and experiences of those workers
to fit the demands of the 21st century economy;
(C) innovative suggestions from workers on the
development of new technologies and processes and, as
appropriate, assessing the impact of those technologies
and processes on the workforce and economy of the
United States;
(D) management practices that lead to worker
employment, job quality, worker protection, worker
participation and power in decision making, and
investment in worker career success;
(E) policies and procedures to prioritize diversity
and inclusion in the manufacturing and technology
workforce by expanding access to job, career
advancement, and management opportunities for
underrepresented populations; and
(F) advice on how to improve access to demand-
driven education, training, and re-training for
workers, including community and technical colleges,
higher education, apprenticeships and work-based
learning opportunities;
(8) with respect to the manufacturing.gov website, or any
successor thereto, providing advice and recommendations to the
Secretary in order to--
(A) make that website more user-friendly to enhance
the ability of that website to--
(i) provide information to manufacturers;
and
(ii) receive feedback from manufacturers;
(B) assist that website in becoming the principal
place of interaction between manufacturers in the
United States and Federal programs relating to
manufacturing; and
(C) enable that website to provide assistance to
manufacturers relating to--
(i) international trade and investment
matters;
(ii) research and technology development
opportunities;
(iii) workforce development and training
programs and opportunities;
(iv) small and medium manufacturer needs;
and
(v) industrial commons and supply chain
needs; and
(9) soliciting input from--
(A) economically disadvantaged areas (as defined in
section 20209); or
(B) areas in which foreign competition resulted in
mass factory layoffs.
(e) Membership.--
(1) In general.--The Advisory Council shall--
(A) consist of individuals appointed by the
Secretary with a balance of backgrounds, experiences,
and viewpoints; and
(B) include an equal proportion of individuals with
manufacturing experience who represent private
industry, academia, and labor organizations.
(2) Public participation.--The Secretary shall, to the
maximum extent practicable, accept recommendations from the
public regarding the appointment of individuals under paragraph
(1).
(3) Period of appointment; vacancies.--
(A) In general.--Each member of the Advisory
Council shall be appointed by the Secretary for a term
of 3 years.
(B) Renewal.--The Secretary may renew an
appointment made under subparagraph (A) not more than 2
additional terms.
(C) Stagger terms.--The Secretary may stagger the
terms of the members of the Advisory Council to ensure
that the terms of the members expire during different
years.
(D) Vacancies.--Any member appointed to fill a
vacancy on the Advisory Council occurring before the
expiration of the term for which the member's
predecessor was appointed shall be appointed only for
the remainder of that term. A member may serve after
the expiration of that term until a successor has been
appointed.
(f) Transfer of Functions.--
(1) In general.--All functions of the United States
Advanced Manufacturing Council of the International Trade
Administration of the Department of Commerce, including the
personnel, assets, and obligations of the United States
Manufacturing Council of the International Trade Administration
of the Department of Commerce, as in existence on the day
before the date of the enactment of this Act, shall be
transferred to the Advisory Council.
(2) Deeming of name.--Any reference in law, regulation,
document, paper, or other record of the United States to the
United States Advanced Manufacturing Council of the
International Trade Administration of the Department of
Commerce shall be deemed a reference to the Advisory Council.
(3) Unexpended balances.--Unexpended balances of
appropriations, authorization, allocations, or other funds
related to the United States Advanced Manufacturing Council of
the International Trade Administration of the Department of
Commerce shall be available for use by the Advisory Council for
the purpose for which the appropriations, authorizations,
allocations, or other funds were originally made available.
(g) Report.--Not later than 180 days after the date on which the
Advisory Council holds the initial meeting of the Advisory Council and
annually thereafter, the Advisory Council shall submit to the
appropriate committees of Congress a report containing a detailed
statement of the advice and recommendations of the Advisory Council
required under subsection (d)(7).
(h) Departmental Support.--Notwithstanding any other provision of
law and subject to confidentiality requirements, the Secretary shall
furnish to the advisory committee relevant information in the
possession of the Department of Commerce relating to the mission of the
Advisory Council.
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).
(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).
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.
(II) With respect to a high-volume
third party seller that is not an
individual, one of the following forms
of contact information:
(aa) A copy of a valid
government-issued
identification for an
individual acting on behalf of
such seller that includes the
individual's name.
(bb) A copy of a valid
government-issued record or tax
document that includes the
business name and physical
address of such seller.
(iii) Tax id.--A business tax
identification number, or, if such seller does
not have a business tax identification number,
a taxpayer identification number.
(iv) Working email and phone number.--A
current working email address and phone number
for such seller.
(B) Notification of change; annual certification.--
An online marketplace shall--
(i) periodically, but not less than
annually, notify any high-volume third party
seller on such online marketplace's platform of
the requirement to keep any information
collected under subparagraph (A) current; and
(ii) require any high-volume third party
seller on such online marketplace's platform
to, not later than 10 days after receiving the
notice under clause (i), electronically certify
that--
(I) the seller has provided any
changes to such information to the
online marketplace, if any such changes
have occurred;
(II) there have been no changes to
such seller's information; or
(III) such seller has provided any
changes to such information to the
online marketplace.
(C) Suspension.--In the event that a high-volume
third party seller does not provide the information or
certification required under this paragraph, the online
marketplace shall, after providing the seller with
written or electronic notice and an opportunity to
provide such information or certification not later
than 10 days after the issuance of such notice, suspend
any future sales activity of such seller until such
seller provides such information or certification.
(2) Verification.--
(A) In general.--An online marketplace shall--
(i) verify the information collected under
paragraph (1)(A) not later than 10 days after
such collection; and
(ii) verify any change to such information
not later than 10 days after being notified of
such change by a high-volume third party seller
under paragraph (1)(B).
(B) Presumption of verification.--In the case of a
high-volume third party seller that provides a copy of
a valid government-issued tax document, any information
contained in such document shall be presumed to be
verified as of the date of issuance of such document.
(3) Data use limitation.--Data collected solely to comply
with the requirements of this section may not be used for any
other purpose unless required by law.
(4) Data security requirement.--An online marketplace shall
implement and maintain reasonable security procedures and
practices, including administrative, physical, and technical
safeguards, appropriate to the nature of the data and the
purposes for which the data will be used, to protect the data
collected to comply with the requirements of this section from
unauthorized use, disclosure, access, destruction, or
modification.
(b) Disclosure Required.--
(1) Requirement.--
(A) In general.--An online marketplace shall--
(i) require any high-volume third party
seller with an aggregate total of $20,000 or
more in annual gross revenues on such online
marketplace, and that uses such online
marketplace's platform, to provide the
information described in subparagraph (B) to
the online marketplace; and
(ii) disclose the information described in
subparagraph (B) to consumers in a clear and
conspicuous manner--
(I) in the order confirmation
message or other document or
communication made to a consumer after
a purchase is finalized; and
(II) in the consumer's account
transaction history.
(B) Information described.--The information
described in this subparagraph is the following:
(i) Subject to paragraph (2), the identity
of the high-volume third party seller,
including--
(I) the full name of the seller,
which may include the seller name or
seller's company name, or the name by
which the seller or company operates on
the online marketplace;
(II) the physical address of the
seller; and
(III) contact information for the
seller, to allow for the direct,
unhindered communication with high-
volume third party sellers by users of
the online marketplace, including--
(aa) a current working
phone number;
(bb) a current working
email address; or
(cc) other means of direct
electronic messaging (which may
be provided to such seller by
the online marketplace).
(ii) Whether the high-volume third party
seller used a different seller to supply the
consumer product to the consumer upon purchase,
and, upon the request of an authenticated
purchaser, the information described in clause
(i) relating to any such seller that supplied
the consumer product to the purchaser, if such
seller is different than the high-volume third
party seller listed on the product listing
prior to purchase.
(2) Exception.--
(A) In general.--Subject to subparagraph (B), upon
the request of a high-volume third party seller, an
online marketplace may provide for partial disclosure
of the identity information required under paragraph
(1)(B)(i) in the following situations:
(i) If such seller certifies to the online
marketplace that the seller does not have a
business address and only has a residential
street address, or has a combined business and
residential address, the online marketplace
may--
(I) disclose only the country and,
if applicable, the State in which such
seller resides; and
(II) inform consumers that there is
no business address available for the
seller and that consumer inquiries
should be submitted to the seller by
phone, email, or other means of
electronic messaging provided to such
seller by the online marketplace.
(ii) If such seller certifies to the online
marketplace that the seller is a business that
has a physical address for product returns, the
online marketplace may disclose the seller's
physical address for product returns.
(iii) If such seller certifies to the
online marketplace that the seller does not
have a phone number other than a personal phone
number, the online marketplace shall inform
consumers that there is no phone number
available for the seller and that consumer
inquiries should be submitted to the seller's
email address or other means of electronic
messaging provided to such seller by the online
marketplace.
(B) Limitation on exception.--If an online
marketplace becomes aware that a high-volume third
party seller has made a false representation to the
online marketplace in order to justify the provision of
a partial disclosure under subparagraph (A) or that a
high-volume third party seller who has requested and
received a provision for a partial disclosure under
subparagraph (A) has not provided responsive answers
within a reasonable time frame to consumer inquiries
submitted to the seller by phone, email, or other means
of electronic messaging provided to such seller by the
online marketplace, the online marketplace shall, after
providing the seller with written or electronic notice
and an opportunity to respond not later than 10 days
after the issuance of such notice, suspend any future
sales activity of such seller unless such seller
consents to the disclosure of the identity information
required under paragraph (1)(B)(i).
(3) Reporting mechanism.--An online marketplace shall
disclose to consumers in a clear and conspicuous manner on the
product listing of any high-volume third party seller a
reporting mechanism that allows for electronic and telephonic
reporting of suspicious marketplace activity to the online
marketplace.
(4) Compliance.--If a high-volume third party seller does
not comply with the requirements to provide and disclose
information under this subsection, the online marketplace
shall, after providing the seller with written or electronic
notice and an opportunity to provide or disclose such
information not later than 10 days after the issuance of such
notice, suspend any future sales activity of such seller until
the seller complies with such requirements.
(c) Enforcement by Federal Trade Commission.--
(1) Unfair and deceptive acts or practices.--A violation of
subsection (a) or (b) by an online marketplace shall be treated
as a violation of a rule defining an unfair or deceptive act or
practice prescribed under section 18(a)(1)(B) of the Federal
Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(2) Powers of the commission.--
(A) In general.--The Commission shall enforce
subsections (a) and (b) in the same manner, by the same
means, and with the same jurisdiction, powers, and
duties as though all applicable terms and provisions of
the Federal Trade Commission Act (15 U.S.C. 41 et seq.)
were incorporated into and made a part of this section.
(B) Privileges and immunities.--Any person that
violates subsection (a) or (b) shall be subject to the
penalties, and entitled to the privileges and
immunities, provided in the Federal Trade Commission
Act (15 U.S.C. 41 et seq.).
(3) Regulations.--The Commission may promulgate regulations
under section 553 of title 5, United States Code, with respect
to the collection, verification, or disclosure of information
under this section, provided that such regulations are limited
to what is necessary to collect, verify, and disclose such
information.
(4) Authority preserved.--Nothing in this section shall be
construed to limit the authority of the Commission under any
other provision of law.
(d) Enforcement by State Attorneys General.--
(1) In general.--If the attorney general of a State has
reason to believe that any online marketplace has violated or
is violating this section or a regulation promulgated under
this section that affects one or more residents of that State,
the attorney general of the State may bring a civil action in
any appropriate district court of the United States, to--
(A) enjoin further such violation by the defendant;
(B) enforce compliance with this section or such
regulation;
(C) obtain civil penalties in the amount provided
for under subsection (c);
(D) obtain other remedies permitted under State
law; and
(E) obtain damages, restitution, or other
compensation on behalf of residents of the State.
(2) Notice.--The attorney general of a State shall provide
prior written notice of any action under paragraph (1) to the
Commission and provide the Commission with a copy of the
complaint in the action, except in any case in which such prior
notice is not feasible, in which case the attorney general
shall serve such notice immediately upon instituting such
action.
(3) Intervention by the ftc.--Upon receiving notice under
paragraph (2), the Commission shall have the right--
(A) to intervene in the action;
(B) upon so intervening, to be heard on all matters
arising therein; and
(C) to file petitions for appeal.
(4) Limitation on state action while federal action is
pending.--If the Commission has instituted a civil action for
violation of this section or a regulation promulgated under
this section, no State attorney general, or official or agency
of a State, may bring a separate action under paragraph (1)
during the pendency of that action against any defendant named
in the complaint of the Commission for any violation of this
section or a regulation promulgated under this section that is
alleged in the complaint. A State attorney general, or official
or agency of a State, may join a civil action for a violation
of this section or regulation promulgated under this section
filed by the Commission.
(5) Rule of construction.--For purposes of bringing a civil
action under paragraph (1), nothing in this section shall be
construed to prevent the chief law enforcement officer, or
official or agency of a State, from exercising the powers
conferred on such chief law enforcement officer, official or
agency of a State, by the laws of the State to conduct
investigations, administer oaths or affirmations, or compel the
attendance of witnesses or the production of documentary and
other evidence.
(6) Actions by other state officials.--
(A) In general.--In addition to civil actions
brought by attorneys general under paragraph (1), any
other officer of a State who is authorized by the State
to do so, except for any private person on behalf of
the State attorney general, may bring a civil action
under paragraph (1), subject to the same requirements
and limitations that apply under this subsection to
civil actions brought by attorneys general.
(B) Savings provision.--Nothing in this subsection
may be construed to prohibit an authorized official of
a State from initiating or continuing any proceeding in
a court of the State for a violation of any civil or
criminal law of the State.
(e) Severability.--If any provision of this section, or the
application thereof to any person or circumstance, is held invalid, the
remainder of this section and the application of such provision to
other persons not similarly situated or to other circumstances shall
not be affected by the invalidation.
(f) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(2) Consumer product.--The term ``consumer product'' has
the meaning given such term in section 101 of the Magnuson-Moss
Warranty--Federal Trade Commission Improvement Act (15 U.S.C.
2301) and section 700.1 of title 16, Code of Federal
Regulations.
(3) High-volume third party seller.--
(A) In general.--The term ``high-volume third party
seller'' means a participant on an online marketplace's
platform who is a third party seller and who, in any
continuous 12-month period during the previous 24
months, has entered into 200 or more discrete sales or
transactions of new or unused consumer products and an
aggregate total of $5,000 or more in gross revenues.
(B) Clarification.--For purposes of calculating the
number of discrete sales or transactions or the
aggregate gross revenues under subparagraph (A), an
online marketplace shall only be required to count
sales or transactions made through the online
marketplace and for which payment was processed by the
online marketplace, either directly or through its
payment processor.
(4) Online marketplace.--The term ``online marketplace''
means any person or entity that operates a consumer-directed
electronically based or accessed platform that--
(A) includes features that allow for, facilitate,
or enable third party sellers to engage in the sale,
purchase, payment, storage, shipping, or delivery of a
consumer product in the United States;
(B) is used by one or more third party sellers for
such purposes; and
(C) has a contractual or similar relationship with
consumers governing their use of the platform to
purchase consumer products.
(5) Seller.--The term ``seller'' means a person who sells,
offers to sell, or contracts to sell a consumer product through
an online marketplace's platform.
(6) Third party seller.--
(A) In general.--The term ``third party seller''
means any seller, independent of an online marketplace,
who sells, offers to sell, or contracts to sell a
consumer product in the United States through such
online marketplace's platform.
(B) Exclusions.--The term ``third party seller''
does not include, with respect to an online
marketplace--
(i) a seller who operates the online
marketplace's platform; or
(ii) a business entity that has--
(I) made available to the general
public the entity's name, business
address, and working contact
information;
(II) an ongoing contractual
relationship with the online
marketplace to provide the online
marketplace with the manufacture,
distribution, wholesaling, or
fulfillment of shipments of consumer
products; and
(III) provided to the online
marketplace identifying information, as
described in subsection (a), that has
been verified in accordance with that
subsection.
(7) Verify.--The term ``verify'' means to confirm
information provided to an online marketplace pursuant to this
section, which may include the use of one or more methods that
enable the online marketplace to reliably determine that any
information and documents provided are valid, corresponding to
the seller or an individual acting on the seller's behalf, not
misappropriated, and not falsified.
(g) Relationship to State Laws.--No State or political subdivision
of a State, or territory of the United States, may establish or
continue in effect any law, regulation, rule, requirement, or standard
that conflicts with the requirements of this section.
(h) Effective Date.--This section shall take effect 180 days after
the date of the enactment of this Act.
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.
SEC. 20215. GAO REPORT ON GLOBAL SEMICONDUCTOR SHORTAGE.
Not later than 1 year after the date of the enactment of this Act,
the Comptroller General of the United States shall submit to Congress a
report on the global semiconductor supply shortage and the impact of
that shortage on manufacturing in the United States.
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.
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 States
Code.
(g) Definitions.--In this section:
(1) Bulk-power system; electric reliability organization.--
The terms ``bulk-power system'' and ``Electric Reliability
Organization'' have the meaning given such terms in section 215
of the Federal Power Act (16 U.S.C. 824o)).
(2) Independent system operator; regional transmission
organization state regulatory authority.--The terms ``Regional
Transmission Organization'', ``Independent System Operator'',
and ``State regulatory authority'' have the meaning given such
terms in section 3 of the Federal Power Act (16 U.S.C. 796).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
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
(2) retooling, retrofitting, or expanding existing
facilities that manufacture, or have the ability to
manufacture, solar components.
(c) Considerations.--In awarding grants and direct loans under the
program, the Secretary shall take into consideration whether a
project--
(1) is strategically located near manufacturers in the
solar component manufacturing supply chain to create a
geographic concentration of manufacturers in the solar
component manufacturing supply chain;
(2) has the potential to materially reduce the reliance of
United States manufacturers on solar components, including
photovoltaic cells and photovoltaic wafers, made in the
People's Republic of China;
(3) will provide the potential for both direct and indirect
domestic job creation, including jobs for low-income
communities, dislocated workers, and workers from groups that
are underrepresented in the manufacturing industry; and
(4) will result in economic development or economic
diversification in economically distressed regions or
localities, including any region or locality--
(A) with a high proportion of residential and
commercial properties that are vacant due to
foreclosure, eviction, abandonment, or other causes;
(B) with racial disparities in homeownership rates;
(C) with population loss;
(D) where economic inequities have grown
substantially due to job dislocation and outsourcing;
and
(E) in the case of a census tract located within a
metropolitan area, where the median family income for
such census tract does not exceed 80 percent of the
greater of statewide median family income or the
metropolitan area median family income.
(d) Advanced Solar Technology.--The Secretary may issue a written
finding on whether any advanced solar technology has significant
potential to reduce the reliance of United States manufacturers on
traditional solar components made in the People's Republic of China.
(e) Prohibition.--In carrying out the program, the Secretary may
not award grants or direct loans for projects that will source solar
components from, or supply their solar components to, any facility
that--
(1) uses forced labor; or
(2) is located in--
(A) an area controlled by the Taliban or any entity
designated by the Secretary of State as a foreign
terrorist organization; or
(B) a foreign country of concern, as defined in
section 10306 of this Act.
(f) Application.--To be eligible to receive a grant or direct loan
under the program, an eligible entity shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
(g) Direct Loan Conditions.--A direct loan made under the program
shall--
(1) bear interest at a rate that does not exceed a level
that the Secretary determines appropriate; and
(2) be subject to such other terms and conditions as the
Secretary determines appropriate.
(h) Cost Sharing for Grants.--Section 988(c) of the Energy Policy
Act of 2005 (42 U.S.C. 16352(c)) shall apply to a grant made under this
section.
(i) Prevailing Wages.--Any laborer or mechanic employed by any
contractor or subcontractor in the performance of work funded directly,
or assisted in whole or in part, by the Federal Government pursuant to
this section shall be paid wages at rates not less than those
prevailing on work of a similar character in the locality, as
determined by the Secretary of Labor under subchapter IV of chapter 31
of title 40, United States Code (commonly referred to as the Davis-
Bacon Act). With respect to the labor standards in this subsection, the
Secretary of Labor shall have the authority and functions set forth in
Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.)
and section 3145 of title 40, United States Code.
(j) Labor-Management Cooperation.--
(1) In general.--Notwithstanding any contrary provision of
law, including the National Labor Relations Act (29 U.S.C. 151
et seq.), paragraphs (2) through (7) shall apply with respect
to any funding recipient who is an employer and any labor
organization who represents or seeks to represent employees of
a funding recipient, as those terms are defined in section 2 of
the National Labor Relations Act (29 U.S.C. 152).
(2) Labor peace.--Any employer receiving funds under this
section shall recognize for purposes of collective bargaining a
labor organization that demonstrates that a majority of the
employees in a unit appropriate for bargaining who perform or
will perform funded work have signed valid authorizations
designating the labor organization as their bargaining
representative and that no other labor organization is
currently certified or recognized as the exclusive
representative of any of the employees in the unit pursuant to
the National Labor Relations Act (29 U.S.C. 151 et seq.). Upon
such showing of majority status, the employer shall notify the
labor organization and the National Labor Relations Board (the
Board) that it has determined that the labor organization
represents a majority of the employees and that it is
recognizing the labor organization as the exclusive
representative of the employees for the purposes of collective
bargaining pursuant to section 9 of the National Labor
Relations Act (29 U.S.C. 159).
(3) Certification.--Should a dispute over majority status
or the appropriateness of the unit arise between the employer
and the labor organization, either party may request that the
Board investigate and resolve the dispute. If the Board finds
that a majority of the employees in a unit appropriate for
bargaining has signed valid authorizations designating the
labor organization as their bargaining representative and that
no other individual or labor organization is currently
certified or recognized as the exclusive representative of any
of the employees in the unit, the Board shall not direct an
election but shall certify the labor organization as the
representative described in section 9(a) of the National Labor
Relations Act (29 U.S.C. 159(a)).
(4) Commencement of bargaining.--Not later than 10 days
after receiving a written request for collective bargaining
from a recognized or certified labor organization, or within
such period as the parties agree upon, the labor organization
and employer shall meet and commence to bargain collectively
and shall make every reasonable effort to conclude and sign a
collective bargaining agreement.
(5) Mediation.--If after the expiration of the 90-day
period beginning on the date on which bargaining is commenced,
or such additional period as the parties may agree upon, the
parties have failed to reach an agreement, either party may
notify the Federal Mediation and Conciliation Service of the
existence of a dispute and request mediation. Whenever such a
request is received, it shall be the duty of the Service
promptly to put itself in communication with the parties and to
use its best efforts, by mediation and conciliation, to bring
them to agreement.
(6) Arbitration.--If after the expiration of the 30-day
period beginning on the date on which the request for mediation
is made under paragraph (5), or such additional period as the
parties may agree upon, the Service is not able to bring the
parties to agreement by conciliation, the Service shall refer
the dispute to a tripartite arbitration panel established in
accordance with such regulations as may be prescribed by the
Service, with one member selected by the labor organization,
one member selected by the employer, and one neutral member
mutually agreed to by the parties. The labor organization and
employer must each select the members of the tripartite
arbitration panel within 14 days of the Service's referral; if
the labor organization or employer fail to do so, the Service
shall designate any members not selected by the labor
organization or the employer. A majority of the tripartite
arbitration panel shall render a decision settling the dispute
as soon as practicable and not later than within 120 days,
absent extraordinary circumstances or by agreement or
permission of the parties, and such decision shall be binding
upon the parties for a period of 2 years, unless amended during
such period by written consent of the parties. Such decision
shall be based on--
(A) the employer's financial status and prospects;
(B) the size and type of the employer's operations
and business;
(C) the employees' cost of living;
(D) the employees' ability to sustain themselves,
their families, and their dependents on the wages and
benefits they earn from the employer; and
(E) the wages and benefits other employers in the
same business provide their employees.
(7) Subcontractors.--Any employer receiving funds under
this section shall require any subcontractor whose employees
perform or will perform funded work to comply with the
requirements set forth in paragraphs (1) through (6) above.
(k) Costs of Direct Loans.--The Secretary may use any amounts made
available under this section to pay the costs of providing direct loans
under the program.
(l) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $600,000,000 for each of fiscal
years 2022 through 2026.
(m) Set Aside.--Not less than $20,000,000 of the amount made
available to carry out this section each fiscal year shall be used to
award grants or direct loans under the program to eligible entities
that are small businesses located in economically disadvantaged
communities.
(n) Definitions.--In this section:
(1) Advanced solar technology.--The term ``advanced solar
technology'' means any new or emerging technology, system, or
mechanism that uses solar radiation to generate electrical
energy, and any component thereof.
(2) Direct current optimizer.--The term ``direct current
optimizer'' means a product which converts direct current
electricity from one or more solar modules or advanced solar
technologies to a different direct current voltage that is
matched to the input requirements of an inverter.
(3) Direct loan.--The term ``direct loan'' means a
disbursement of funds by the Government to a non-Federal
borrower under a contract that requires the repayment of such
funds with or without interest. The term includes the purchase
of, or participation in, a loan made by another lender and
financing arrangements that defer payment for more than 90
days, including the sale of a Government asset on credit terms.
(4) Eligible entity.--The term ``eligible entity'' means a
private entity, including a manufacturer, or a partnership of
private entities.
(5) Forced labor.--The term ``forced labor'' has the
meaning given such term in section 307 of the Tariff Act of
1930 (19 U.S.C. 1307).
(6) Integrated module.--The term ``integrated module''
means a solar module produced by a single manufacturer through
the conversion of a photovoltaic wafer or other semiconductor
material into an end product which is--
(A) suitable to generate electricity when exposed
to sunlight; and
(B) ready for installation without additional
manufacturing processes.
(7) Inverter.--The term ``inverter'' means a product which
converts direct current electricity from one or more solar
modules or advanced solar technologies into alternating current
electricity.
(8) Labor organization.--The term ``labor organization''
has the meaning given the term in section 2 of the National
Labor Relations Act (29 U.S.C. 152).
(9) Parties.--The term ``parties'' means a labor
organization that is newly recognized or certified as a
representative under section 9(a) of the National Labor
Relations Act (29 U.S.C. 159(a)) and the employer of the
employees represented by such organization.
(10) Photovoltaic cell.--The term ``photovoltaic cell''
means the smallest semiconductor element of a solar module
which performs the immediate conversion of light into
electricity.
(11) Photovoltaic wafer.--The term ``photovoltaic wafer''
means a thin slice, sheet, or layer of semiconductor material
of at least 240 square centimeters produced by a single
manufacturer--
(A) either--
(i) directly from molten or evaporated
solar grade polysilicon or deposition of solar
grade thin film semiconductor photon absorber
layer; or
(ii) through formation of an ingot from
molten polysilicon and subsequent slicing; and
(B) which comprises the substrate or absorber layer
of one or more photovoltaic cells.
(12) Program.--The term ``program'' means the program
established under subsection (b).
(13) Racking.--The term ``racking'' means a structural
steel or aluminum support element, of any cross-section shape
and which may be assembled from individually manufactured
segments, spanning longitudinally, on which solar modules are
supported.
(14) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(15) Solar component.--The term ``solar component''
includes an integrated module, a photovoltaic cell, a
photovoltaic wafer, solar grade polysilicon, a solar module, an
inverter, racking, a tracker, a direct current optimizer, and
any advanced solar technology for which the Secretary has
issued a written finding under subsection (d) that such
advanced solar technology has significant potential to reduce
the reliance of United States manufacturers on traditional
solar components made in the People's Republic of China.
(16) Solar grade polysilicon.--The term ``solar grade
polysilicon'' means silicon which is--
(A) suitable for use in photovoltaic manufacturing;
and
(B) purified to a minimum purity of 99.999999
percent silicon by mass.
(17) Solar module.--The term ``solar module'' means the
connection and lamination of photovoltaic cells into an
environmentally protected final assembly which is--
(A) suitable to generate electricity when exposed
to sunlight; and
(B) ready for installation without an additional
manufacturing process.
(18) Tracker.--The term ``tracker'' means--
(A) a structural steel support on which solar
modules are supported; and
(B) the mechanism by which that support is oriented
to varying angles with respect to the sun's position.
(19) Traditional solar component.--The term ``traditional
solar component'' means an integrated module, a photovoltaic
cell, a photovoltaic wafer, solar grade polysilicon, and a
solar module.
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
(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.
SEC. 20304. IMPROVING THE NATURAL GAS DISTRIBUTION SYSTEM.
(a) Program.--The Secretary of Energy shall establish a grant
program to provide financial assistance to States to offset the
incremental rate increases paid by low-income households resulting from
the implementation of infrastructure replacement, repair, and
maintenance programs that are approved by the rate-setting entity and
designed to accelerate the necessary replacement, repair, or
maintenance of natural gas distribution systems.
(b) Date of Eligibility.--Awards may be provided under this section
to offset rate increases described in subsection (a) occurring on or
after the date of enactment of this Act.
(c) Prioritization.--The Secretary shall collaborate with States to
prioritize the distribution of grants made under this section. At a
minimum, the Secretary shall consider prioritizing the distribution of
grants to States which have--
(1) authorized or adopted enhanced infrastructure
replacement programs or innovative rate recovery mechanisms,
such as infrastructure cost trackers and riders, infrastructure
base rate surcharges, deferred regulatory asset programs, and
earnings stability mechanisms; and
(2) a viable means for delivering financial assistance to
low-income households.
(d) Auditing and Reporting Requirements.--The Secretary shall
establish auditing and reporting requirements for States with respect
to the performance of eligible projects funded pursuant to grants
awarded under this section.
(e) Prevailing Wages.--All laborers and mechanics employed by
contractors or subcontractors in the performance of construction,
alteration, or repair work assisted, in whole or in part, by a grant
under this section shall be paid wages at rates not less than those
prevailing on similar construction in the locality as determined by the
Secretary of Labor in accordance with subchapter IV of chapter 31 of
title 40. With respect to the labor standards in this subsection, the
Secretary of Labor shall have the authority and functions set forth in
Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.)
and section 3145 of title 40.
(f) Definitions.--In this section:
(1) Innovative rate recovery mechanisms.--The term
``innovative rate recovery mechanisms'' means rate structures
that allow State public utility commissions to modify tariffs
and recover costs of investments in utility replacement
incurred between rate cases.
(2) Low-income household.--The term ``low-income
household'' means a household that is eligible to receive
payments under section 2605(b)(2) of the Low-Income Home Energy
Assistance Act of 1981 (42 U.S.C. 8624(b)(2)).
(g) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section $250,000,000 in
each of fiscal years 2022 through 2031.
SEC. 20305. CONSIDERATION OF ENERGY STORAGE SYSTEMS.
(a) In General.--Section 111(d) of the Public Utility Regulatory
Policies Act of 1978 (16 U.S.C. 2621(d)) is amended by adding at the
end the following:
``(22) Consideration of energy storage systems.--Each State
shall consider requiring that, as part of a supply side
resource planning process, an electric utility of the State
demonstrate to the State that the electric utility considered
an investment in energy storage systems based on appropriate
factors, including--
``(A) total costs and normalized life cycle costs;
``(B) cost effectiveness;
``(C) improved reliability;
``(D) security; and
``(E) system performance and efficiency.''.
(b) Time Limitations.--Section 112(b) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is amended by
adding at the end the following:
``(9)(A) Not later than 1 year after the date of enactment
of this paragraph, each State regulatory authority (with
respect to each electric utility for which the State regulatory
authority has ratemaking authority) and each nonregulated
electric utility shall commence the consideration referred to
in section 111, or set a hearing date for consideration, with
respect to the standard established by paragraph (22) of
section 111(d).
``(B) Not later than 2 years after the date of enactment of
this paragraph, each State regulatory authority (with respect
to each electric utility for which the State regulatory
authority has ratemaking authority), and each nonregulated
electric utility, shall complete the consideration, and shall
make the determination, referred to in section 111 with respect
to the standard established by paragraph (22) of section
111(d).''.
(c) Failure To Comply.--Section 112(c) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) is amended--
(1) by striking ``subsection (b)(2)'' and inserting
``subsection (b)''; and
(2) by adding at the end the following: ``In the case of
the standard established by paragraph (22) of section 111(d),
the reference contained in this subsection to the date of
enactment of this Act shall be deemed to be a reference to the
date of enactment of that paragraph.''.
(d) Prior State Actions.--Section 112 of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622) is amended by adding
at the end the following:
``(i) Prior State Actions.--Subsections (b) and (c) of this section
shall not apply to the standard established by paragraph (22) of
section 111(d) in the case of any electric utility in a State if,
before the enactment of this subsection--
``(1) the State has implemented for such utility the
standard concerned (or a comparable standard);
``(2) the State regulatory authority for such State or
relevant nonregulated electric utility has conducted a
proceeding to consider implementation of the standard concerned
(or a comparable standard) for such utility; or
``(3) the State legislature has voted on the implementation
of such standard (or a comparable standard) for such
utility.''.
(e) Prior and Pending Proceedings.--Section 124 of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C. 2634) is amended by
adding at the end the following: ``In the case of the standard
established by paragraph (22) of section 111(d), the reference
contained in this section to the date of the enactment of this Act
shall be deemed to be a reference to the date of enactment of such
paragraph (22).''.
SEC. 20306. COORDINATION OF PROGRAMS.
To the maximum extent practicable, the Secretary of Energy shall
ensure that the funding and administration of the different offices
within the Grid Modernization Initiative of the Department of Energy
and other programs conducting energy storage research are coordinated
and streamlined.
SEC. 20307. STATE FLEX-TECH ENERGY PROGRAM.
(a) In General.--Part D of title III of the Energy Policy and
Conservation Act (42 U.S.C. 6321 et seq.) is amended by adding at the
end the following:
``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 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.''.
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 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 the case of a violation that continues after the
Secretary provides written notice to such person, if such
person does not sufficiently remedy the violation, including by
producing corrected records or information, additional civil
penalties not to exceed--
``(i) $1,000,000 for the first 30-day period (or
any portion thereof) following such notice during which
such person continues to be in violation;
``(ii) for each such 30-day period thereafter, the
amount that is double the amount actually imposed for
the preceding 30-day period, not to exceed $2,000,000
for any 30-day period; and
``(iii) $20,000,000 for all violations described in
this subparagraph adjudicated in a single
proceeding.''.
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--
(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, taking into consideration entering
into such cooperative agreements or
partnerships with small and medium
manufacturers of such medical supplies; and
``(iv) managing, either directly or through
cooperative agreements with manufacturers and
distributors, domestic reserves established
under this subparagraph by refreshing and
replenishing stock of such medical supplies.''.
(b) Reporting; Sunset.--Section 319F-2(a) of the Public Health
Service Act (42 U.S.C. 247d-6b(a)), as amended by section 20411, is
further amended by adding at the end the following:
``(7) Reporting.--Not later than September 30, 2023, the
Secretary shall submit to the Committee on Energy and Commerce
of the House of Representatives and the Committee on Health,
Education, Labor and Pensions of the Senate a report on the
details of each cooperative agreement or partnership entered
into under paragraph (3)(L), including the amount expended by
the Secretary on each such cooperative agreement or
partnership.
``(8) Sunset.--The authority to enter into cooperative
agreements or partnerships pursuant to paragraph (3)(L) shall
cease to be effective on September 30, 2024.''.
(c) Funding.--Section 319F-2(f) of the Public Health Service Act
(42 U.S.C. 247d-6b(f)) is amended by adding at the end the following:
``(3) Supply chain elasticity.--
``(A) In general.--For the purpose of carrying out
subsection (a)(3)(L), there is authorized to be
appropriated $500,000,000 for each of fiscal years 2022
through 2024, to remain available until expended.
``(B) Relation to other amounts.--The amount
authorized to be appropriated by subparagraph (A) for
the purpose of carrying out subsection (a)(3)(L) is in
addition to any other amounts available for such
purpose.''.
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;
(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''.
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.
SEC. 20420. HIGH-QUALITY MASKS FOR CHILDREN.
(a) Inclusion in Stockpile.--Section 319F-2(a)(1) of the Public
Health Service Act (42 U.S.C. 247d-6b(a)(1)) is amended by inserting
after ``shall maintain a stockpile or stockpiles of drugs, vaccines and
other biological products, medical devices, and other supplies
(including personal protective equipment'' the following: ``(which may
include high-quality pediatric masks, a percentage of which may be
small adult masks for pediatric use)''.
(b) Guidance for Pediatric Masks.--The Secretary of Health and
Human Services, in consultation with the Director of the National
Institute for Occupational Safety and Health, pediatricians, child
health care provider organizations, manufacturers, and other relevant
stakeholders, shall--
(1) develop guidelines for the use of respirators, barrier
face coverings, or masks for use in pediatric populations,
which may be made available through the Strategic National
Stockpile under section 319F-2 of the Public Health Service Act
(42 U.S.C. 247d-6b) for public health emergencies declared
under section 319 of such Act (42 U.S.C. 247d); and
(2) not later than 180 days after the date of enactment of
this Act, submit to the Committee on Energy and Commerce of the
House of Representatives and the Committee on Health,
Education, Labor and Pensions of the Senate a report on
pediatric masks that includes the guidelines developed under
paragraph (1).
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 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, freedom from coercion, and a unified
response to the threat of climate change;
(4) to strengthen and deepen United States alliances and
partnerships by pursuing greater bilateral and multilateral
cooperative initiatives that advance shared interests and
values and bolster partner countries' confidence that the
United States is and will remain a strong, committed, and
reliable partner that respects the views and interests of its
allies and friends;
(5) to encourage and collaborate with United States allies
and partners in boosting their own capabilities and resiliency
to pursue, defend, and protect shared interests and values,
free from coercion and external pressure;
(6) to pursue fair, reciprocal treatment and healthy,
constructive competition in United States-China economic
relations by improving United States laws and regulations as
necessary to prevent any PRC attempts to harm United States
economic competitiveness;
(7) to demonstrate the value of private sector-led growth
in emerging markets around the world, including through the use
of United States Government tools that--
(A) support greater private sector investment and
advance capacity-building initiatives that are grounded
in the rule of law;
(B) promote open markets;
(C) establish clear policy and regulatory
frameworks;
(D) improve the management of key economic sectors;
(E) combat corruption;
(F) foster and support greater collaboration with
and among partner countries and the United States
private sector to develop secure and sustainable
infrastructure; and
(G) support American workers and create American
jobs;
(8) to conduct vigorous commercial diplomacy in support of
United States companies and businesses in partner countries
that seek fair competition;
(9) to ensure that the United States is second to none in
the innovation of critical and emerging technologies, such as
next-generation telecommunications, artificial intelligence,
quantum computing, semiconductors, and biotechnology, by--
(A) providing necessary investment and concrete
incentives for the private sector to accelerate
development of such technologies;
(B) modernizing export controls and investment
screening regimes and associated policies and
regulations;
(C) enhancing the role of the United States in
technical standards-setting bodies;
(D) reducing United States barriers and increasing
incentives for collaboration with allies and partners
on the research and co-development of critical
technologies;
(E) collaborating with allies and partners to
protect critical technologies by--
(i) coordinating and aligning export
control measures;
(ii) building capacity for defense
technology security;
(iii) safeguarding chokepoints in
strategically critical supply chains; and
(iv) ensuring diversification; and
(F) designing major defense capabilities for export
to vetted allies and partners;
(10) to collaborate with like-minded democracies and other
willing partners to promote ideals and principles that--
(A) advance a free and open international order;
(B) strengthen democratic institutions;
(C) protect and promote human rights; and
(D) uphold a free press and fact-based reporting;
(11) to develop comprehensive strategies and policies to
counter PRC disinformation campaigns;
(12) to demonstrate effective leadership at the United
Nations, its associated agencies, and other multilateral
organizations and ensure the integrity and effectiveness of
these organizations in facilitating solutions to global
challenges;
(13) to advocate for the defense of fundamental freedoms
and human rights in the United States relationship with the
PRC;
(14) to cooperate with allies, partners, and multilateral
organizations that sustain and strengthen a free and open order
and address regional and global challenges posed by the
Government of the PRC regarding--
(A) violations and abuses of human rights;
(B) restrictions on religious practices; and
(C) the undermining and abrogation of treaties,
other international agreements, and other international
norms related to human rights;
(15) to expose the PRC's use of corruption, repression, and
coercion to attain unfair economic advantages or compel other
nations to defer to its political and strategic objectives in
ways that threaten the United States or its allies and
partners;
(16) to maintain United States access to the Western
Pacific, including through necessary investments in United
States military capabilities, policies, and concepts in the
Indo-Pacific, as well as robust cooperation, exercises, and
interoperability with allies and partners;
(17) to deter the PRC from--
(A) initiating armed conflict;
(B) coercing nations; or
(C) using grey-zone tactics below the level of
armed conflict;
(18) to strengthen United States-PRC military-to-military
communication and improve both military and civilian crisis
avoidance and management procedures to de-conflict operations
and reduce the risk of unwanted conflict, including through
high-level visits and recurrent exchanges between civilian and
military officials and other measures, in alignment with United
States interests; and
(19) to strengthen stability and reduce suspicions,
cooperate with the PRC when interests align, including through
bilateral or multilateral means and at the United Nations, as
appropriate, and especially in the following areas--
(A) global fight against climate change;
(B) nuclear security; and
(C) global financial stability.
SEC. 30004. SENSE OF CONGRESS.
(a) In General.--It is the sense of Congress that the execution of
the policy described in section 30003(b) requires the following
actions:
(1) Revitalizing American leadership globally and in the
Indo-Pacific will require the United States--
(A) to marshal sustained political will to protect
its vital interests, promote its values, and advance
its economic and national security objectives; and
(B) to achieve this sustained political will,
persuade the American people and United States allies
and partners of--
(i) the current challenges facing the
international rules based order; and
(ii) the need for long-term investments and
engagement to defend shared interests and
values.
(2) The United States must coordinate closely with allies
and partners to compete effectively with the PRC, including to
encourage allies and partners to assume, as appropriate,
greater roles in balancing and checking aggressive PRC
behavior.
(3) Effective United States strategy toward China
requires--
(A) bipartisan cooperation within Congress; and
(B) frequent, sustained, and meaningful
collaboration and consultation between the executive
branch and Congress.
(4) The United States must ensure close integration among
economic and foreign policymakers and provide support to the
private sector, civil society, universities and academic
institutions, and other relevant actors in free and open
societies to enable such actors--
(A) to collaborate to advance common interests; and
(B) to identify appropriate policies--
(i) to strengthen the United States and its
allies; and
(ii) to promote a compelling vision of a
free and open order.
(5) The United States must ensure that all Federal
departments, agencies, and overseas missions are organized and
resourced to effectively defend and advance United States
interests, by--
(A) dedicating more personnel in the Indo-Pacific
region, at posts around the world, and in Washington,
DC;
(B) placing greater numbers of foreign service
officers, international development professionals,
members of the foreign commercial service, intelligence
professionals, and other United States Government
personnel in the Indo-Pacific region; and
(C) ensuring that this workforce has the training,
demonstrated proficiency in language and culture,
technical skills, and other competencies required to
advance a successful strategy in relation to the PRC.
(6) The United States must place renewed priority and
emphasis on strengthening the nonmilitary instruments of
national power, including diplomacy, information, technology,
economics, foreign assistance and development finance,
commerce, intelligence, and law enforcement, which are crucial
for addressing the challenges posed by the PRC.
(7) The United States must sustain military capabilities
necessary to achieve United States political objectives in the
Indo-Pacific, including--
(A) promoting regional security in the Indo-
Pacific;
(B) reassuring allies and partners while protecting
them from coercion; and
(C) deterring PRC aggression and preventing
unwanted conflict.
(8) Competition with the PRC requires skillful adaptation
to the information environment of the 21st century. United
States public diplomacy and messaging efforts must
effectively--
(A) promote the value of partnership with the
United States; and
(B) counter CCP propaganda and disinformation that
threatens United States interests.
(9) The United States must ensure key environmental, energy
management, labor, and social responsibility standards are
maintained across the technology supply chain, including--
(A) prohibitions on human trafficking and
fundamental rights outlined in the International Labor
Organization (ILO) Declaration on the Fundamental
Principles and Rights at Work and as defined by the ILO
Conventions; and
(B) that such rules, norms, and standards are in
alignment with the values and interests of the United
States, its allies and partners, and other stakeholders
in the liberal international order.
(b) Further Sense.--It is further the sense of Congress that--
(1) it is in the national interest for the United States to
become a formal signatory of the United Nations Convention on
the Law of the Sea (UNCLOS), done at Montego Bay, Jamaica,
December 10, 1982; and
(2) the ratification of the UNCLOS remains a top priority
of the United States Navy and the United States Coast Guard,
the importance of which was most recently underscored by the
strategic challenges the United States faces in the Asia-
Pacific, the Arctic, and the Black Sea regions.
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).
(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 on
Intelligence of the Senate.
(c) Authority.--The Secretary of State, in coordination with the
Administrator of the USAID, is authorized to establish or continue an
initiative, to be known as the ``Infrastructure Transaction and
Assistance Network'', under which the Secretary of State, in
consultation with other relevant Federal agencies, including those
represented on the Global Infrastructure Coordinating Committee, may
carry out various programs to advance the development of sustainable,
transparent, and high-quality infrastructure worldwide in the Indo-
Pacific region by--
(1) strengthening capacity-building programs to improve
project evaluation processes, regulatory and procurement
environments, and project preparation capacity of countries
that are partners of the United States in such development;
(2) providing transaction advisory services and project
preparation assistance to support sustainable infrastructure;
and
(3) coordinating the provision of United States assistance
for the development of infrastructure, including infrastructure
that uses United States manufactured goods and services, and
catalyzing investment led by the private sector.
(d) Transaction Advisory Fund.--As part of the ``Infrastructure
Transaction and Assistance Network'' described under subsection (c),
the Secretary of State is authorized to provide support, including
through the Transaction Advisory Fund, for advisory services to help
boost the capacity of partner countries to evaluate contracts and
assess the financial and environmental impacts of potential
infrastructure projects, including through providing services such as--
(1) legal services;
(2) project preparation and feasibility studies;
(3) debt sustainability analyses;
(4) bid or proposal evaluation; and
(5) other services relevant to advancing the development of
sustainable, transparent, and high-quality infrastructure.
(e) Strategic Infrastructure Fund.--
(1) In general.--As part of the ``Infrastructure
Transaction and Assistance Network'' described under subsection
(c), the Secretary of State is authorized to provide support,
including through the Strategic Infrastructure Fund, for
technical assistance, project preparation, pipeline
development, and other infrastructure project support.
(2) Joint strategic infrastructure projects.--Funds
authorized for the Strategic Infrastructure Fund should be used
in coordination with the Department of Defense, the
International Development Finance Corporation, like-minded
donor partners, and multilateral banks, as appropriate, to
support joint infrastructure projects that are in the national
security interest of the United States and vulnerable to
strategic competitors.
(f) Authorization of Appropriations.--There is authorized to be
appropriated, for each of fiscal years 2022 to 2026, $75,000,000 to the
Infrastructure Transaction and Assistance Network, of which $20,000,000
should be made available for the Transaction Advisory Fund.
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.
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.
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. TASK FORCE TO COUNTER CHINA'S ECONOMIC COERCION.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the People's Republic of China's (PRC) increasing use
of economic coercion against foreign governments, companies,
organizations, other entities, and individuals requires that
the United States better understand these measures in order to
devise a comprehensive, effective, and multilateral response;
(2) the private sector is a crucial partner in helping the
United States Government understand the PRC's coercive economic
measures and hold the PRC accountable, and that additional
business transparency would help the United States Government
and private sector stakeholders conduct early assessments of
potential pressure points and vulnerabilities; and
(3) PRC coercive economic measures create pressures for the
private sector to behave in ways antithetical to United States
national interests and competitiveness.
(b) Establishment of Task Force.--Not later than 180 days after the
date of the enactment of this Act, the President shall establish an
interagency task force to be known as the ``Countering Economic
Coercion Task Force'' (referred to in this section as the ``Task
Force'').
(c) Duties.--
(1) In general.--The Task Force shall--
(A) oversee the development and implementation of
an integrated United States Government strategy to
respond to People's Republic of China (PRC) coercive
economic measures, which shall include--
(i) systematically monitoring and
evaluating--
(I) the costs of such measures on
United States businesses and overall
United States economic performance;
(II) instances in which such
measures taken against a non-PRC entity
has benefitted other parties; and
(III) the impacts such measures
have had on United States national
interests; and
(ii) facilitating coordination among
Federal departments and agencies when
responding to such measures as well as
proactively deterring such economic coercion;
including by clarifying the roles for
departments and agencies identified in
subsection (d) in implementing the strategy;
(B) consult with United States allies and partners
on the feasibility and desirability of collectively
identifying, assessing, and responding to PRC coercive
economic measures, as well as actions that could be
taken to expand coordination with the goal of ensuring
a consistent, coherent, and collective response to such
measures and establishing long-term deterrence to such
measures;
(C) effectively engage the United States private
sector, particularly sectors, groups, or other entities
that are susceptible to such PRC coercive economic
measures, on concerns related to such measures; and
(D) develop and implement a process for regularly
sharing relevant information, including classified
information to the extent appropriate and practicable,
on such PRC coercive economic measures with United
States allies, partners, and the private sector.
(2) Consultation.--In carrying out its duties under this
subsection, the Task Force should regularly consult, to the
extent necessary and appropriate, with the following:
(A) Relevant stakeholders in the private sector.
(B) Federal departments and agencies that are not
represented on the Task Force.
(C) United States allies and partners.
(d) Membership.--The President shall--
(1) appoint the chair of the Task Force from among the
staff of the National Security Council;
(2) appoint the vice chair of the Task Force from among the
staff of the National Economic Council; and
(3) direct the head of each of the following Federal
departments and agencies to appoint personnel at the level of
Assistant Secretary or above to participate in the Task Force:
(A) The Department of State.
(B) The Department of Commerce.
(C) The Department of the Treasury.
(D) The Department of Justice.
(E) The Office of the United States Trade
Representative.
(F) The Department of Agriculture.
(G) The Office of the Director of National
Intelligence and other appropriate elements of the
intelligence community (as defined in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003)).
(H) The Securities and Exchange Commission.
(I) The United States International Development
Finance Corporation.
(J) Any other department or agency designated by
the President.
(e) Reports.--
(1) Initial report.--Not later than one year after the date
of the enactment of this Act, the Task Force shall submit to
the appropriate congressional committees a report that includes
the following elements:
(A) A comprehensive review of the array of economic
tools the Government of the People's Republic of China
(PRC) employs or could employ in the future to coerce
other governments, non-PRC companies (including United
States companies), and multilateral institutions and
organizations, including the Government of the PRC's
continued efforts to codify informal practices into its
domestic law.
(B) The strategy required by subsection (c)(1)(A).
(C) An interagency definition of PRC coercive
economic measures that captures both--
(i) the use of informal or extralegal PRC
coercive economic measures; and
(ii) the illegitimate use of formal
economic tools.
(D) A comprehensive review of the array of economic
and diplomatic tools the United States Government
employs or could employ to respond to economic coercion
against the United States and United States allies and
partners.
(E) A list of unilateral or multilateral--
(i) proactive measures to defend or deter
against PRC coercive economic measures; and
(ii) actions taken in response to the
Government of the PRC's general use of coercive
economic measures, including the imposition of
reputational costs on the PRC.
(F) An assessment of areas in which United States
allies and partners are vulnerable to PRC coercive
economic measures.
(G) A description of gaps in existing resources or
capabilities for United States Government departments
and agencies to respond effectively to PRC coercive
economic measures directed at United States entities
and assist United States allies and partners in their
responses to PRC coercive economic measures.
(H) An analysis of the circumstances under which
the PRC employs different types of economic coercion
and against what kinds of targets.
(I) An assessment, as appropriate, of international
norms and regulations as well as any treaty obligations
the PRC has stretched, circumvented, or broken through
its economically coercive practices.
(2) Interim reports.--
(A) First interim report.--Not later than one year
after the date on which the report required by
paragraph (1) is submitted to the appropriate
congressional committees, the Task Force shall submit
to the appropriate congressional committees a report
that includes the following elements:
(i) Updates to information required by
subparagraphs (A) through (G) of paragraph (1).
(ii) A description of activities conducted
by the Task Force to implement the strategy
required by subsection (c)(1)(A).
(iii) An assessment of the implementation
and effectiveness of the strategy, lessons
learned from the past year and planned changes
to the strategy.
(B) Second interim report.--Not later than one year
after the date on which the report required by
subparagraph (A) is submitted to the appropriate
congressional committees, the Task Force shall submit
to the appropriate congressional committees a report
that includes an update to the elements required under
the report required by subparagraph (A).
(3) Final report.--Not later than 30 days after the date on
which the report required by paragraph (2)(B) is submitted to
the appropriate congressional committees, the Task Force shall
submit to the appropriate congressional committees and also
make available to the public on the website of the Executive
Office of the President a final report that includes the
following elements:
(A) An analysis of PRC coercive economic measures
and the cost of such coercive measures to United States
businesses.
(B) A description of areas of possible
vulnerability for United States businesses and
businesses of United States partners and allies.
(C) Recommendations on how to continue the effort
to counter PRC coercive economic measures, including
through further coordination with United States allies
and partners.
(D) A list of cases made public under subsection
(f).
(4) Form.--
(A) Initial and interim reports.--The reports
required by paragraphs (1), (2)(A), and (2)(B) shall be
submitted in unclassified form, but may include a
classified annex.
(B) Final report.--The report required by paragraph
(3) shall be submitted in unclassified form, but may
include a classified annex.
(f) Publicly Available List.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Task Force shall to the extent
practicable make available to the public on the website of the
Executive Office of the President a list of cases in the past
six months in which open source reporting indicates that the
PRC has directed coercive economic measures against a non-PRC
entity.
(2) Updates.--The list required by paragraph (1) should be
updated every 180 days, and shall be managed by the Department
of State after the termination of the Task Force under
subsection (g).
(g) Sunset.--
(1) In general.--The Task Force shall terminate at the end
of the 60-day period beginning on the date on which the final
report required by subsection (e)(3) is submitted to the
appropriate congressional committees and made publicly
available.
(2) Additional actions.--The Task force may use the 60-day
period referred to in paragraph (1) for the purposes of
concluding its activities, including providing testimony to
Congress concerning the final report required by subsection
(e)(3).
(h) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs of the House
of Representatives; and
(B) the Committee on Foreign Relations of the
Senate.
(2) Coercive economic measures.--The term ``coercive
economic measures'' includes formal or informal restrictions or
conditions, such as on trade, investment, development aid, and
financial flows, intended to impose economic costs on a non-
People's Republic of China target in order to achieve strategic
political objectives, including influence over the policy
decisions of a foreign government, company, organization, or
individual.
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.''.
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).
SEC. 30129A. AUTHORIZATION TO HIRE ADDITIONAL STAFF FOR THE OFFICE OF
FOREIGN ASSET CONTROL OF THE DEPARTMENT OF THE TREASURY.
The Secretary of the Treasury, acting through the Director of the
Office of Foreign Assets Control, is authorized to hire an additional
10 full-time employees to carry out activities of the Office associated
with the People's Republic of China.
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--
(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.
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 20209(16) of this Act).
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form and made available to the public, but may contain
a classified annex.
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;
(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--
(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 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:
(1) Pursuant to the Taiwan Relations Act (22 U.S.C.
3301(b)(1)), it is the policy of the United States to ``promote
extensive, close, and friendly commercial, cultural, and other
relations between the people of the United States and the
people of Taiwan''.
(2) In May 2019, the Taiwanese counterpart to the American
Institute in Taiwan, the Coordination Council for North
American Affairs, was renamed the ``Taiwan Council for U.S.
Affairs''.
(3) It is the policy of the United States to refer to
Taiwan as ``Taiwan'', not ``Taipei'' or ``Chinese Taipei''.
(4) The Taipei Economic and Cultural Representative Office
is inaptly named as it works to cultivate the extensive, close,
and friendly commercial, cultural, and other relations between
the people of the United States and the people, organizations,
and enterprises of Taiwan, not merely those in Taipei.
(b) Negotiations to Rename TECRO.--Reflective of the substantively
deepening ties between Taiwan and the United States, the Secretary of
State shall seek to enter into negotiations with appropriate officials
of the Taipei Economic and Cultural Representative Office in the United
States with the objective of renaming its office in Washington, DC, the
Taiwan Representative Office in the United States, and its subsidiary
offices in the United States, accordingly.
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:
(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 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.
(C) Responsibilities of implementing partner.--
(i) Selection of fellows.--The implementing
partner, in close coordination with the
Secretary of State and the American Institute
in Taiwan, shall--
(I) make efforts to recruit
fellowship candidates who reflect the
diversity of the United States;
(II) select fellows for the Program
based solely on merit, with appropriate
supervision from the Department of
State and the American Institute in
Taiwan; and
(III) prioritize the selection of
candidates willing to serve a
fellowship lasting one year or longer.
(ii) First year.--The implementing partner
should provide each fellow in the first year
(or shorter duration, as jointly determined by
the Secretary of State and the American
Institute in Taiwan, for those who are not
serving a two-year fellowship) with--
(I) intensive Mandarin Chinese
language training; and
(II) courses in the politic,
culture, and history of Taiwan, China,
and the broader Indo-Pacific.
(iii) Waiver of required training.--The
Secretary of State, in coordination with the
American Institute in Taiwan and, as
appropriate, the implementing partner, may
waive any of the training required under clause
(ii) to the extent that a fellow has Mandarin
Chinese language skills, knowledge of the
topics described in clause (ii)(II), or for
other related reasons approved by the Secretary
of State and the American Institute in Taiwan.
If any of the training requirements are waived
for a fellow serving a two-year fellowship, the
training portion of his or her fellowship may
be shortened to the extent appropriate.
(iv) Office; staffing.--The implementing
partner, in consultation with the Secretary of
State and the American Institute in Taiwan,
shall maintain an office and at least one full-
time staff member in Taiwan to--
(I) liaise with the American
Institute in Taiwan and the governing
authorities on Taiwan; and
(II) serve as the primary in-
country point of contact for the
recipients of fellowships under this
section and their dependents.
(v) Other functions.--The implementing
partner should perform other functions in
association in support of the Program,
including logistical and administrative
functions, as included in the cooperative
agreement entered into pursuant to paragraph
(2)(B) by the Secretary of State and the
American Institute in Taiwan.
(D) Noncompliance.--
(i) In general.--Any fellow who fails to
comply with the requirements under this section
shall reimburse the American Institute in
Taiwan for--
(I) the Federal funds expended for
the fellow's participation in the
fellowship, as set forth in clauses
(ii) and (iii); and
(II) interest accrued on such funds
(calculated at the prevailing rate).
(ii) Full reimbursement.--Any fellow who
violates clause (i) or (ii) of subparagraph (B)
shall reimburse the American Institute in
Taiwan in an amount equal to the sum of--
(I) all of the Federal funds
expended for the fellow's participation
in the fellowship; and
(II) interest on the amount
specified in subclause (I), which shall
be calculated at the prevailing rate.
(iii) Pro rata reimbursement.--Any fellow
who violates subparagraph (B)(iii) shall
reimburse the American Institute in Taiwan in
an amount equal to the difference between--
(I) the amount specified in clause
(ii); and
(II) the product of--
(aa) the amount the fellow
received in compensation during
the final year of the
fellowship, including the value
of any allowances and benefits
received by the fellow;
multiplied by
(bb) the percentage of the
period specified in
subparagraph (B)(iii) during
which the fellow did not remain
employed by the United States
Government.
(E) Annual report.--Not later than 90 days after
the selection of the first class of fellows under this
section and annually thereafter for 10 years, the
Secretary of State shall offer to brief the appropriate
congressional committees regarding the following:
(i) An assessment of the performance of the
implementing partner in fulfilling the purposes
of this section.
(ii) The number of applicants each year,
the number of applicants willing to serve a
fellowship lasting one year or longer, and the
number of such applicants selected for a
fellowship.
(iii) The names and sponsoring agencies of
the fellows selected by the implementing
partner and the extent to which such fellows
represent the diversity of the United States.
(iv) The names of the parliamentary
offices, ministries, other agencies of the
governing authorities on Taiwan, and
nongovernmental institutions to which each
fellow was assigned.
(v) Any recommendations, as appropriate, to
improve the implementation of the Program,
including added flexibilities in the
administration of the program.
(vi) An assessment of the Program's value
upon the relationship between the United States
and Taiwan or the United States and Asian
countries.
(F) Annual financial audit.--
(i) In general.--The financial records of
any implementing partner shall be audited
annually in accordance with generally accepted
auditing standards by independent certified
public accountants or independent licensed
public accountants who are certified or
licensed by a regulatory authority of a State
or another political subdivision of the United
States.
(ii) Location.--Each audit under clause (i)
shall be conducted at the place or places where
the financial records of the implementing
partner are normally kept.
(iii) Access to documents.--The
implementing partner shall make available to
the accountants conducting an audit under
clause (i)--
(I) all books, financial records,
files, other papers, things, and
property belonging to, or in use by,
the implementing partner that are
necessary to facilitate the audit; and
(II) full facilities for verifying
transactions with the balances or
securities held by depositories, fiscal
agents, and custodians.
(iv) Report.--
(I) In general.--Not later than 180
days after the end of each fiscal year,
the implementing partner shall provide
a report of the audit conducted for
such fiscal year under clause (i) to
the Secretary of State and the American
Institute in Taiwan.
(II) Contents.--Each audit report
under subclause (I) shall--
(aa) set forth the scope of
the audit at issue;
(bb) include such
statements, along with the
auditor's opinion of those
statements, as may be necessary
to present fairly the
implementing partner's assets
and liabilities, surplus or
deficit, with reasonable
detail;
(cc) include a statement of
the implementing partner's
income and expenses during the
year; and
(dd) include a schedule
of--
(AA) all contracts
and cooperative
agreements requiring
payments greater than
$5,000; and
(BB) any payments
of compensation,
salaries, or fees at a
rate greater than
$5,000 per year.
(III) Copies.--Each audit report
shall be produced in sufficient copies
for distribution to the public.
(4) Taiwan fellows on detail from government service.--
(A) In general.--
(i) Detail authorized.--With the approval
of the Secretary of State, an agency head may
detail, for a period of not more than two
years, an employee of the agency of the United
States Government who has been awarded a
fellowship under this Act, to the American
Institute in Taiwan for the purpose of
assignment to the governing authorities on
Taiwan or an organization described in
paragraph (2)(D)(ii)(II).
(ii) Agreement.--Each detailee shall enter
into a written agreement with the Federal
Government before receiving a fellowship, in
which the fellow shall agree--
(I) to continue in the service of
the sponsoring agency at the end of
fellowship for a period of at least
four years (or at least two years if
the fellowship duration is one year or
shorter) unless such detailee is
involuntarily separated from the
service of such agency; and
(II) to pay to the American
Institute in Taiwan any additional
expenses incurred by the United States
Government in connection with the
fellowship if the detailee voluntarily
separates from service with the
sponsoring agency before the end of the
period for which the detailee has
agreed to continue in the service of
such agency.
(iii) Exception.--The payment agreed to
under clause (ii)(II) may not be required of a
detailee who leaves the service of the
sponsoring agency to enter into the service of
another agency of the United States Government
unless the head of the sponsoring agency
notifies the detailee before the effective date
of entry into the service of the other agency
that payment will be required under this
subsection.
(B) Status as government employee.--A detailee
under this paragraph--
(i) is deemed, for the purpose of
preserving allowances, privileges, rights,
seniority, and other benefits, to be an
employee of the sponsoring agency;
(ii) is entitled to pay, allowances, and
benefits from funds available to such agency,
which is deemed to comply with section 5536 of
title 5, United States Code; and
(iii) may be assigned to a position with an
entity described in paragraph (2)(D)(ii)(I) if
acceptance of such position does not involve--
(I) the taking of an oath of
allegiance to another government; or
(II) the acceptance of compensation
or other benefits from any foreign
government by such detailee.
(C) Responsibilities of sponsoring agency.--
(i) In general.--The agency of the United
States Government from which a detailee is
detailed should provide the fellow allowances
and benefits that are consistent with
Department of State Standardized Regulations or
other applicable rules and regulations,
including--
(I) a living quarters allowance to
cover the cost of housing in Taiwan;
(II) a cost of living allowance to
cover any possible higher costs of
living in Taiwan;
(III) a temporary quarters
subsistence allowance for up to seven
days if the fellow is unable to find
housing immediately upon arriving in
Taiwan;
(IV) an education allowance to
assist parents in providing the
fellow's minor children with
educational services ordinarily
provided without charge by public
schools in the United States;
(V) moving expenses to transport
personal belongings of the fellow and
his or her family in their move to
Taiwan, which is comparable to the
allowance given for American Institute
in Taiwan employees assigned to Taiwan;
and
(VI) an economy-class airline
ticket to and from Taiwan for each
fellow and the fellow's immediate
family.
(ii) Modification of benefits.--The
American Institute in Taiwan and its
implementing partner, with the approval of the
Department of State, may modify the benefits
set forth in clause (i) if such modification is
warranted by fiscal circumstances.
(D) No financial liability.--The American Institute
in Taiwan, the implementing partner, and any governing
authorities on Taiwan or nongovernmental entities in
Taiwan at which a fellow is detailed during the second
year of the fellowship may not be held responsible for
the pay, allowances, or any other benefit normally
provided to the detailee.
(E) Reimbursement.--Fellows may be detailed under
clause (A)(ii) without reimbursement to the United
States by the American Institute in Taiwan.
(F) Allowances and benefits.--Detailees may be paid
by the American Institute in Taiwan for the allowances
and benefits listed in subparagraph (C).
(5) GAO report.--Not later than one year before the sunset
of the Program pursuant to paragraph (2)(F), the Comptroller
General of the United States shall transmit to the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives a report that includes
the following:
(A) An analysis of United States Government
participants in the Program, including the number of
applicants and the number of fellowships undertaken,
and the places of employment.
(B) An assessment of the costs and benefits for
participants in the Program and for the United States
Government of such fellowships.
(C) An analysis of the financial impact of the
fellowship on United States Government offices that
have detailed fellows to participate in the Program.
(D) Recommendations, if any, on how to improve the
Program.
(6) Funding.--
(A) Authorization of appropriations.--There are
authorized to be appropriated to the American Institute
in Taiwan--
(i) for fiscal year 2022, $2,900,000, of
which $500,000 should be made available to an
appropriate implementing partner to launch the
Program; and
(ii) for fiscal year 2023, and each
succeeding fiscal year, $2,400,000.
(B) Private sources.--The implementing partner
selected to implement the Program may accept, use, and
dispose of gifts or donations of services or property
in carrying out such program, subject to the review and
approval of the American Institute in Taiwan.
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;
(4) an assessment of the intersection between illicit
fentanyl trafficking originating in China and counterfeit
medicines and medical supplies in the United States; and
(5) an assessment of the intersection between illicit
fentanyl trafficking originating in China and the illicit
fentanyl trafficked over the United States-Mexico border into
the United States.
(b) Form of Report.--The report required under subsection (a) shall
be submitted in unclassified form with a classified annex.
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:
``(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, DISTRIBUTION, STORAGE, AND DELIVERY.
(a) In General.--The Development Finance Corporation is authorized
to provide financing to entities in India and in other less developed
countries to increase vaccine manufacturing, distribution, storage, and
delivery capacity for the following purposes:
(1) Manufacturing Stringent Regulatory Authorization (SRA)
or World Health Organization (WHO) Emergency Use Listing COVID-
19 vaccines.
(2) Manufacturing SRA or WHO Emergency Use Listing
therapeutics used to treat symptoms related to COVID-19.
(3) Manufacturing critical medical supplies needed for
preventing, detecting and treating COVID-19, including
ventilators, personal protective equipment, oxygen,
diagnostics, auto-disable syringes, therapeutics and vaccines.
(4) Enhancing the cold chain necessary for the production,
delivery, storage, and distribution of vaccines.
(b) Reporting Requirement.--Not later than 180 days after the date
of the enactment of this Act, the Chief Executive Officer of the
Development Finance Corporation, in coordination with the Secretary of
State, shall provide a report to the appropriate congressional
committees--
(1) outlining the countries where DFC financing could be
most impactful for vaccine manufacturing, distribution,
storage, and delivery and to achieve the goal of manufacturing,
distributing, and delivering 1 billion COVID-19 vaccines by
2022;
(2) including a detailed explanation of the United States
and partner country interests served by the United States
providing support to such projects;
(3) including a detailed description of any support
provided by other United States allies and partners to expand
the initiatives outlined in subsection (a); and
(4) including a detailed description of any support
provided by the People's Republic of China in support of the
initiatives outlined in subsection (a).
(c) Form of Report.--The report required by subsection (b) shall be
submitted in unclassified form with a classified annex if necessary.
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 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.
SEC. 30218. ENSURING UNITED STATES DIPLOMATIC POSTS ALIGN WITH AMERICAN
STRATEGIC NATIONAL SECURITY AND ECONOMIC OBJECTIVES.
(a) Finding.--With 276 embassies and other representative offices
globally, China now has more diplomatic posts around the world than any
other country, including the United States. Many of Beijing's new
missions can be found in countries that recently broke ties with Taiwan
(Burkina Faso, the Dominican Republic, El Salvador, the Gambia, and 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. 30219. AUTHORIZATION OF APPROPRIATIONS FOR THE FULBRIGHT-HAYS
PROGRAM.
(a) In General.--There are authorized to be appropriated, for the
5-year period beginning on October 1, 2021, $105,500,000, to promote
education, training, research, and foreign language skills through the
Fulbright-Hays Program, in accordance with section 102(b) of the Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2452(b)).
(b) Nullification.--Section 3(i) of Executive Order No. 13936
(relating to the termination of the Fulbright exchange program with
regard to China and Hong Kong with respect to future exchanges for
participants traveling both from and to China or Hong Kong) is
nullified and shall have no force or effect, and Fulbright exchanges
with China and Hong Kong shall carry on as if such section had not be
included in such Executive Order.
SEC. 30219A. SUPPORTING INDEPENDENT MEDIA AND COUNTERING
DISINFORMATION.
(a) Authorization of USAGM Appropriations.--There is authorized to
be appropriated for the United States Agency for Global Media
$100,000,000 for each of fiscal years 2022 through 2026, for ongoing
and new programs to support local media, build independent media,
combat CCP disinformation inside and outside of the People's Republic
of China, invest in technology to subvert censorship, and monitor and
evaluate such programs, of which--
(1) not less than $70,000,000 shall be directed to a grant
to Radio Free Asia language services;
(2) not less than $20,000,000 shall be made available to
serve populations in China through Mandarin, Cantonese, Uyghur,
and Tibetan language services; and
(3) not less than $5,500,000 shall be made available for
digital media services--
(A) to counter propaganda of non-Chinese
populations in foreign countries; and
(B) to counter propaganda of Chinese populations in
China through ``Global Mandarin'' programming.
(b) Support for Local Media.--The Secretary of State, acting
through the Assistant Secretary of State for Democracy, Human Rights,
and Labor, and the Administrator of the United States Agency for
International Development, acting through the Assistant Administrator
for Development, Democracy, and Innovation, shall jointly support and
train foreign journalists on investigative techniques necessary to
ensure public accountability, promote transparency, fight corruption,
and support the ability of the public to develop informed opinions
about pressing issues facing their countries.
(c) Internet Freedom Programs.--The Bureau of Democracy, Human
Rights, and Labor shall continue to support internet freedom programs.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Department of State and United States Agency for
International Development $170,000,000 for each of fiscal years 2022
through 2026, for ongoing and new programs in support of press freedom,
training, and protection of journalists. Amounts appropriated pursuant
to this authorization are authorized to remain available until expended
and shall be in addition to amounts otherwise authorized to be
appropriated to support press freedom, training, and protection of
journalists.
SEC. 30219B. GLOBAL ENGAGEMENT CENTER.
(a) Finding.--Congress established the Global Engagement Center to
``direct, lead, and coordinate efforts'' of the Federal Government to
``recognize, understand, expose, and counter foreign state and non-
state propaganda and disinformation globally''.
(b) Extension.--Section 1287(j) of the National Defense
Authorization Act for Fiscal Year 2017 (22 U.S.C. 2656 note) is amended
by striking ``the date that is 8 years after the date of the enactment
of this Act'' and inserting ``December 31, 2027''.
(c) Sense of Congress.--It is the sense of Congress that the Global
Engagement Center should expand its coordinating capacity of diplomatic
messaging through the exchange of liaison officers with Federal
departments and agencies that manage aspects of identifying and
countering foreign disinformation, including the Office of the Director
of National Intelligence and Special Operations Command's Joint MISO
Web Operations Center.
(d) Authorization of Appropriations.--There is authorized to be
appropriated $150,000,000 for fiscal year 2022 for the Global
Engagement Center to counter foreign state and non-state sponsored
propaganda and disinformation.
SEC. 30219C. REPORT ON ORIGINS OF THE COVID-19 PANDEMIC.
(a) Sense of Congress.--It is the sense of Congress that--
(1) understanding the origins of the COVID-19 pandemic may
help the United States better prepare, prevent, and respond to
pandemic health threats in the future;
(2) given the impact of the COVID-19 pandemic on all
Americans, the American people deserve to know what information
the United States Government possesses about the origins of
COVID-19, as appropriate;
(3) it is critical for independent experts to have full
access to all pertinent human, animal, and environmental data,
biological sample, research, and personnel involved in the
early stages of the outbreak relevant to determining how this
pandemic emerged;
(4) Congress shares the concerns expressed by the United
States Government and 13 other foreign governments that the
international team of experts dispatched to the People's
Republic of China by the World Health Organization (WHO) to
study the origins of the SARS-CoV-2 virus was ``significantly
delayed and lacked access to complete, original data and
samples'';
(5) the G7 communique expressing support for full
implementation of the International Health Regulations,
including ``a timely, transparent, expert-led, and science-
based WHO-convened Phase 2 COVID-19 Origins study including, as
recommended by the experts' report, in China'' is a valuable
commitment by the United States and its allies to investigating
the origins of COVID-19 in order to better prepare for future
pandemics; and
(6) Congress supports the effort announced by President
Biden, directing the intelligence community to conduct a 90 day
review to further analyze information pointing to the origins
of COVID-19, which resulted in broad intelligence community
agreement that the ``virus was not developed as a biological
weapon'' and ``two hypotheses remain plausible: natural
exposure to an infected animal and a laboratory-associated
incident''.
(b) Report Required.--Not later than 180 days after enactment of
this Act, the President shall submit to the appropriate committees of
Congress a report consisting of--
(1) an assessment of the most likely source or origin of
the SARS-CoV-2 virus, including a detailed review of all
information the United States possesses that it has identified
as potentially relevant to the source or origin of the SARS-
CoV-2 virus, including zoonotic transmission and spillover, or
other sources of origin, transmission, or spillover, based on
the information the United States Government has to date;
(2) its level of confidence in its assessment; and
(3) challenges identified to its ability to make such an
assessment.
(c) Form.--The report required by subsection (b) shall be submitted
in unclassified form but may include a classified annex.
(d) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Select Committee on Intelligence of the Senate;
(3) the Committee on Health, Education, Labor, and Pensions
of the Senate;
(4) the Committee on Energy and Natural Resources of the
Senate;
(5) the Committee on Foreign Affairs of the House of
Representatives;
(6) the Permanent Select Committee on Intelligence of the
House of Representatives; and
(7) the Committee on Energy and Commerce of the House of
Representatives.
SEC. 30219D. EXTENSION OF ASIA REASSURANCE INITIATIVE ACT OF 2018.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Indo-Pacific region is home to many of the world's
most dynamic democracies, economic opportunities, as well as
many challenges to United States interests and values as a
result of the growth in authoritarian governance in the region
and by broad challenges posed by nuclear proliferation, the
changing environment, and deteriorating adherence to human
rights principles and obligations;
(2) the People's Republic of China poses a particular
threat as it repeatedly violates internationally recognized
human rights, engages in unfair economic and trade practices,
disregards international laws and norms, coerces its neighbors,
engages in malign influence operations, and enables global
digital authoritarianism;
(3) the Asia Reassurance Initiative Act of 2018 (``ARIA'')
enhances the United States' commitment in the Indo-Pacific
region by--
(A) expanding its defense cooperation with its
allies and partners;
(B) investing in democracy and the protection of
human rights;
(C) engaging in cybersecurity initiatives; and
(D) supporting people-to-people engagement and
other shared priorities; and
(4) the 2019 Department of Defense Indo-Pacific Strategy
Report concludes that ARIA ``enshrines a generational whole-of-
government policy framework that demonstrates U.S. commitment
to a free and open Indo-Pacific region''.
(b) Authorization of Appropriations.--The Asia Reassurance
Initiative Act of 2018 (Public Law 115-409) is amended--
(1) in section 201(b), by striking ``$1,500,000,000 for
each of the fiscal years 2019 through 2023'' and inserting
``$2,000,000,000 for each of fiscal years 2022 through 2026'';
(2) in section 215(b), by striking ``2023'' and inserting
``2026'';
(3) in section 306(a)--
(A) in paragraph (1), by striking ``5 years'' and
inserting ``8 years''; and
(B) in paragraph (2), by striking ``2023'' and
inserting ``2026'';
(4) in section 409(a)(1), by striking ``2023'' and
inserting ``2026'';
(5) in section 410--
(A) in subsection (c), by striking ``2023'' and
inserting ``2026''; and
(B) in subsection (d), in the matter preceding
paragraph (1), by striking ``2023'' and inserting
``2026''; and
(6) in section 411, by striking ``2023'' and inserting
``2026''.
SEC. 30219E. CHINA WATCHER PROGRAM.
(a) In General.--The Secretary of State, acting through the
Assistant Secretary of State for East Asian and Pacific Affairs, and in
coordination with relevant offices and bureaus of the Department of
State, shall implement a ``China Watcher Program'' within the
Department of State to--
(1) monitor and combat Chinese malign influence across
economic and political sectors in foreign countries; and
(2) augment the capacity of United States Government
engagement with foreign countries and regional and
international economic and political organizations and
institutions relating to policy coordination regarding China
and such Chinese malign influence.
(b) Placement.--In carrying out the China Watcher Program under
this section, the Secretary of State shall place Foreign Service
officers in positions in select United States diplomatic and consular
posts, at the discretion of the Secretary of State, to engage both
Chinese and third-country nationals, including host governments, on the
matters described in subsection (a).
(c) Annual Report.--Each diplomatic or consular post with a China
Watcher Program shall produce an annual report outlining the steps each
such post has taken to advance the mission, trends observed, and the
nature and extent of Chinese foreign direct investment and influence in
key economic and political sectors, including technology,
manufacturing, transportation, energy, metals, agriculture, and real
estate.
(d) Authorization of Annual Appropriations.--There is authorized to
be appropriated $5,000,000 for fiscal year 2022 and each fiscal year
thereafter to carry out this section.
SEC. 30219F. LIU XIAOBO FUND FOR STUDY OF THE CHINESE LANGUAGE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) as a substitute to Confucius Institutes, the United
States Government should invest heavily into alternative
programs and institutions that ensure there remains a robust
pipeline of Americans learning China's many languages; and
(2) in a 21st century that will be dominated by a strategic
competition between the United States and China, it is in the
national security interests of the United States to ensure that
Americans continue to invest in Chinese language skills, as
well as Tibetan, Uyghur, and Mongolian languages, while
ensuring they can do so in a context free of malign political
influence from foreign state actors.
(b) Establishment of the Liu Xiaobo Fund for Study of the Chinese
Language.--The Secretary of State shall establish in the Department of
State the ``Liu Xiaobo Fund for Study of the Chinese Language'' to fund
study by United States persons of Mandarin and Cantonese Chinese,
Tibetan, Uyghur, Mongolian, and other contemporary spoken languages of
China, abroad or in the United States.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Department of State for fiscal year 2021 and every
fiscal year thereafter, $10,000,000 to carry out the Liu Xiaobo Fund
for Study of the Chinese Language.
(d) Required Activities.--Amounts authorized to be appropriated
pursuant to subsection (c) shall--
(1) be designed to advance the national security and
foreign policy interests of the United States, as determined by
the Secretary of State;
(2) favor funding mechanisms that can maximize the total
number of United States persons given the opportunity to
acquire full conversational linguistic proficiency in Mandarin
and Cantonese Chinese, Tibetan, Uyghur, Mongolian, and other
contemporary spoken languages of China;
(3) favor funding mechanisms that provide opportunities for
such language study to areas traditionally under-served by such
opportunities;
(4) be shaped by an ongoing consultative process taking
into account design inputs of--
(A) civil society institutions, including Chinese
diaspora community organizations;
(B) language experts in Mandarin and Cantonese
Chinese, Tibetan, Uyghur, Mongolian, and other
contemporary spoken languages of China;
(C) organizations representing historically
disadvantaged socioeconomic groups in the United
States; and
(D) human rights organizations; and
(5) favor opportunities to fund the study of Mandarin and
Cantonese Chinese, Tibetan, Uyghur, Mongolian, and other
contemporary spoken languages of China at Alaska Native-serving
institutions, Asian American and Native American Pacific
Islander-serving institutions, Hispanic-serving institutions,
historically Black college or universities, Native American-
serving nontribal institutions, Native Hawaiian-serving
institutions, Predominantly Black institutions, Tribal Colleges
or Universities.
(e) Report.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act and annually thereafter for five
years, the Secretary of State, in consultation with the heads
of appropriate Federal departments and agencies, as
appropriate, shall submit to the Committee on Foreign Affairs
of the House of Representatives and the Committee on Foreign
Relations of the Senate a report detailing activities and
disbursements made to carry out this Act over the immediately
preceding academic year.
(2) Report contents.--Each report required under paragraph
(1) shall include details on--
(A) which institutions, programs, or entities
received funds through the Liu Xiaobo Fund for Study of
the Chinese Language;
(B) funds distribution disaggregated by
institution, program, or entity, including
identification of the State or country in which such
institution, program, or entity is located;
(C) the number of United States persons who
received language study under the Liu Xiaobo Fund for
Study of the Chinese Language, and the average amount
disbursed per person for such study;
(D) a comparative analysis of per dollar program
effectiveness and efficiency in allowing United States
persons to reach conversational proficiency Mandarin or
Cantonese Chinese, Tibetan, Uyghur, Mongolian, or other
contemporary spoken languages of China;
(E) an analysis of which of the languages referred
to in subparagraph (D) were studied through the funding
from the Liu Xiaobo Fund for Study of the Chinese
Language; and
(F) any recommendations of the Secretary of State
for improvements to the authorities, priorities, or
management of the Liu Xiaobo Fund for Study of the
Chinese Language.
(f) Interagency Funds Transfers Authorization.--Amounts authorized
to be appropriated to the Secretary of State to carry out this Act are
authorized to be transferred to the heads of other appropriate Federal
departments and agencies for similar purposes, subject to prior
notification to the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the Senate.
Such heads shall consult with the Secretary in the preparation of the
report required under subsection (e).
(g) Limitations.--Amounts authorized to be appropriated to carry
out this Act may only be made available for the costs of language study
funded and administration incurred by the Department of State or
programs carried out by the Department of State (or by another Federal
department or agency pursuant to subsection (f)) to carry out this
section.
(h) Definitions.--In this section:
(1) Alaska native-serving institution.--The term ``Alaska
Native-serving institution'' has the meaning given such term in
section 317(b) of the Higher Education Act of 1965 (20 U.S.C.
1059d(b)).
(2) Asian american and native american pacific islander-
serving institution.--The term ``Asian American and Native
American Pacific Islander-serving institution'' has the meaning
given such term in section 371(c) of the Higher Education Act
of 1965 (20 U.S.C. 1067q(c)).
(3) Hispanic-serving institution.--The term ``Hispanic-
serving institution'' has the meaning given such term in
section 502 of the Higher Education Act of 1965 (20 U.S.C.
1101a).
(4) Historically black college or university.--The term
``historically Black college or university'' means a part B
institution described in section 322(2) of the Higher Education
Act of 1965 (22 U.S.C. 1061(2)).
(5) Native american-serving nontribal institution.--The
term ``Native American-serving nontribal institution'' has the
meaning given such term in section 371(c) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(c)).
(6) Native hawaiian-serving institution.--The term ``Native
Hawaiian-serving institution'' has the meaning given such term
in section 317(b) of the Higher Education Act of 1965 (20
U.S.C. 1059d(b)).
(7) Predominantly black institution.--The term
``Predominantly Black institution'' has the meaning given such
term in section 371(c) of the Higher Education Act of 1965 (20
U.S.C. 1067q(c)).
(8) Tribal college or university.--The term ``Tribal
College or University'' has the meaning given such term in
section 316(b) of the Higher Education Act of 1965 (20 U.S.C.
1059c(b)).
SEC. 30219G. OVERSIGHT OF FUNDS MADE AVAILABLE THROUGH THE AMERICAN
RESCUE PLAN ACT OF 2021.
(a) Authorities and Conditions.--Amounts authorized and
appropriated under title X of the American Rescue Plan Act of 2021
(Public Law 117-2) to carry out the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.) shall be subject to the applicable authorities and
conditions for funds made available to carry out the Foreign Assistance
Act of 1961 (22 U.S.C. 2151 et seq.) and division K of Public Law 116-
260.
(b) Oversight and Accountability.--Amounts authorized and
appropriated under sections 10001 and 10002 of American Rescue Plan Act
of 2021 may be transferred to the Inspector General of the Department
of State and the Inspector General of the United States Agency for
International Development to expand the capacity of such Inspectors
General to conduct effective oversight of the foreign assistance
programs and activities under such Act.
(c) United States Contributions to the Global Fund to Fight Aids,
Tuberculosis, and Malaria Covid-19 Response Mechanism.--United States
contributions to the Global Fund to Fight AIDS, Tuberculosis, and
Malaria COVID-19 Response Mechanism under section 10003(a)(2) of
American Rescue Plan Act of 2021--
(1) shall be meaningfully leveraged in a manner that
incentivizes other public and private donor contributions; and
(2) shall be subject to the reporting and withholding
requirements under subsections (c), (d)(4)(A)(ii), (d)(4)(C),
(d)(5), (d)(6), (f), and (g) of section 202 of the United
States Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Act of 2003 (22 U.S.C. 7622).
SEC. 30219H. REQUIREMENTS RELATING TO VACCINE BRANDING.
The President shall ensure that every vaccine donated or otherwise
procured and financed by the United States Government shall be clearly
branded with the United States flag.
SEC. 30219I. NATIONAL INTELLIGENCE ESTIMATE ON ESCALATION AND DE-
ESCALATION OF GRAY ZONE ACTIVITIES IN GREAT POWER
COMPETITION.
(a) Findings.--Congress finds the following:
(1) The conventional power of the United States has driven
foreign adversaries to a level of competition that does not
always depend on military confrontation with the United States.
(2) Rather than challenging the United States in a manner
that could provoke a kinetic military response, foreign
adversaries of the United States have turned to carrying out
gray zone activities to advance the interests of such
adversaries, weaken the power of the United States, and erode
the norms that underpin the United States-led international
order.
(3) Gray zone activity falls on a spectrum of attribution
and deniability that ranges from covert adversary operations,
to detectible covert adversary operations, to unattributable
adversary operations, to deniable adversary operations, to open
adversary operations.
(4) To adequately address such a shift to gray zone
activity, the United States must understand what actions tend
to either escalate or de-escalate such activity by our
adversaries.
(5) The laws, principles, and values of the United States
are strategic advantages in great power competition with
authoritarian foreign adversaries that carry out gray zone
activities, because such laws, principles, and values increase
the appeal of the governance model of the United States, and
the United States-led international order, to states and
peoples around the world.
(6) The international security environment has demonstrated
numerous examples of gray zone activities carried out by
foreign adversaries, including the following activities of
foreign adversaries:
(A) Information operations, such as efforts by
Russia to influence the 2020 United States Federal
elections (as described in the March 15, 2021,
intelligence community assessment of the Office of the
Director of National Intelligence made publicly
available on March 15, 2021).
(B) Adversary political coercion operations, such
as the wielding of energy by Russia, particularly in
the context of Ukrainian gas pipelines, to coerce its
neighbors into compliance with its policies.
(C) Cyber operations, such as the use by China of
cyber tools to conduct industrial espionage.
(D) Provision of support to proxy forces, such as
the support provided by Iran to Hezbollah and Shia
militia groups.
(E) Provocation by armed forces controlled by the
government of the foreign adversary through measures
that do not rise to the level of an armed attack, such
as the use of the China Coast Guard and maritime
militia by China to harass the fishing vessels of other
countries in the South China Sea.
(F) Alleged uses of lethal force on foreign soil,
such as the 2018 attempts by Russia to poison Sergei
Skripal in London.
(G) The potential use by an adversary of technology
that causes anomalous health incidents among United
States Government personnel.
(b) National Intelligence Estimate.--
(1) Requirement.--The Director of National Intelligence,
acting through the National Intelligence Council, shall produce
a National Intelligence Estimate on how foreign adversaries use
gray zone activities to advance interests, what responses by
the United States (or the allies or partners of the United
States) would tend to result in the escalation or de-escalation
of such gray zone activities by foreign adversaries, and any
opportunities for the United States to minimize the extent to
which foreign adversaries use gray zone activities in
furtherance of great power competition.
(2) Matters included.--To the extent determined appropriate
by the National Intelligence Council, the National Intelligence
Estimate produced under paragraph (1) may include an assessment
of the following topics:
(A) Any potential or actual lethal or harmful gray
zone activities carried out against the United States
by foreign adversaries, including against United States
Government employees and United States persons, whether
located within or outside of the United States.
(B) To the extent such activities have occurred, or
are predicted to occur--
(i) opportunities to reduce or deter any
such activities; and
(ii) any actions of the United States
Government that would tend to result in the
escalation or de-escalation of such activities.
(C) Any incidents in which foreign adversaries
could have used, but ultimately did not use, gray zone
activities to advance the interests of such
adversaries, including an assessment as to why the
foreign adversary ultimately did not use gray zone
activities.
(D) The effect of lowering the United States
Government threshold for the public attribution of
detectible covert adversary operations, unattributable
adversary operations, and deniable adversary
operations.
(E) The effect of lowering the United States
Government threshold for responding to detectible
covert adversary operations, unattributable adversary
operations, and deniable adversary operations.
(F) The extent to which the governments of foreign
adversaries exercise control over any proxies or
parastate actors used by such governments in carrying
out gray zone activities.
(G) The extent to which gray zone activities
carried out by foreign adversaries affect the private
sector of the United States.
(H) The international norms that provide the
greatest deterrence to gray zone activities carried out
by foreign adversaries, and opportunities for
strengthening those norms.
(I) The effect, if any, of the strengthening of
democratic governance abroad on the resilience of
United States allies and partners to gray zone
activities.
(J) Opportunities to strengthen the resilience of
United States allies and partners to gray zone
activities, and associated tactics, carried out by
foreign adversaries.
(K) Opportunities for the United States to improve
the detection of, and early warning for, such
activities and tactics.
(L) Opportunities for the United States to
galvanize international support in responding to such
activities and tactics.
(3) Submission to congress.--
(A) Submission.--Not later than 1 year after the
date of the enactment of this Act, the Director shall
submit to the Select Committee on Intelligence of the
Senate and the Permanent Select Committee on
Intelligence of the House of Representatives the
National Intelligence Estimate produced under paragraph
(1), including all intelligence reporting underlying
the Estimate.
(B) Notice regarding submission.--If at any time
before the deadline specified in subparagraph (A), the
Director determines that the National Intelligence
Estimate produced under paragraph (1) cannot be
submitted by such deadline, the Director shall (before
such deadline) submit to the Select Committee on
Intelligence of the Senate and the Permanent Select
Committee on Intelligence of the House of
Representatives a report setting forth the reasons why
the National Intelligence Estimate cannot be submitted
by such deadline and an estimated date for the
submission of the National Intelligence Estimate.
(C) Form.--Any report under subparagraph (B) shall
be submitted in unclassified form.
(4) Public version.--Consistent with the protection of
intelligence sources and methods, at the same time as the
Director submits to the Select Committee on Intelligence of the
Senate and the Permanent Select Committee on Intelligence of
the House of Representatives the National Intelligence Estimate
under paragraph (1), the Director shall make publicly available
on the internet website of the Director an unclassified version
of the key findings of the National Intelligence Estimate.
(5) Definitions.--In this subsection:
(A) Gray zone activity.--The term ``gray zone
activity'' means an activity to advance the national
interests of a State that--
(i) falls between ordinary statecraft and
open warfare;
(ii) is carried out with an intent to
maximize the advancement of interests of the
state without provoking a kinetic military
response by the United States; and
(iii) falls on a spectrum that ranges from
covert adversary operations, to detectible
covert adversary operations, to unattributable
adversary operations, to deniable adversary
operations, to open adversary operations.
(B) Covert adversary operation.--The term ``covert
adversary operation'' means an operation by an
adversary that--
(i) the adversary intends to remain below
the threshold at which the United States
detects the operation; and
(ii) does stay below such threshold.
(C) Detectible covert adversary operation.--The
term ``detectible covert adversary operation'' means an
operation by an adversary that--
(i) the adversary intends to remain below
the threshold at which the United States
detects the operation; but
(ii) is ultimately detected by the United
States at a level below the level at which the
United States will publicly attribute the
operation to the adversary.
(D) Unattributable adversary operation.--The term
``unattributable adversary operation'' means an
operation by an adversary that the adversary intends to
be detected by the United States, but remain below the
threshold at which the United States will publicly
attribute the operation to the adversary.
(E) Deniable adversary operation.--The term
``deniable adversary operation'' means an operation by
an adversary that--
(i) the adversary intends to be detected
and publicly or privately attributed by the
United States; and
(ii) the adversary intends to deny, to
limit the response by the United States, and
any allies of the United States.
(F) Open adversary operation.--The term ``open
adversary operation'' means an operation by an
adversary that the adversary openly acknowledges as
attributable to the adversary.
(c) Requirement to Develop Lexicon.--
(1) Requirement.--The Director of National Intelligence,
acting through the National Intelligence Council, shall develop
a lexicon of common terms (and corresponding definitions for
such terms) for concepts associated with gray zone activities.
(2) Considerations.--In developing the lexicon under
paragraph (1), the National Intelligence Council shall include
in the lexicon each term (and the corresponding definition for
each term) specified in subsection (b)(5), unless the National
Intelligence Council determines that an alternative term (or
alternative definition)--
(A) more accurately describes a concept associated
with gray zone activities; or
(B) is preferable for any other reason.
(3) Report.--
(A) Publication.--The Director of National
Intelligence shall publish a report containing the
lexicon developed under paragraph (1).
(B) Form.--The report under subparagraph (A) shall
be published in unclassified form.
SEC. 30219J. PRIORITIZING DIGITAL INFRASTRUCTURE AND CONNECTIVITY.
(a) In General.--Section 1451 of the Better Utilization of
Investments Leading to Development Act 2018 (22 U.S.C. 9613) is amended
by inserting after subsection (i) the following:
``(j) Prioritizing Digital Infrastructure and Connectivity.--The
Corporation should prioritize support to projects that--
``(1) increase digital infrastructure and connectivity,
including operators of voice and data networks, development
options for countries with the greatest need for digital
infrastructure investment and in cases in which competing
digital infrastructure financing proposals lack high standards
for data security and protection of users' human rights; and
``(2) align with the Corporation's authorities relating to
provisions of support as outlined in section 1421(a).''.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the United States International Development
Financing Corporation shall submit to the Committee on Foreign Affairs
of the House of Representatives and the Committee on Foreign Relations
of the Senate a report that includes an identification and description
of--
(1) regions and countries with the greatest need for
investment in digital infrastructure, including the types of
such digital infrastructure;
(2) regions and countries in which investment in digital
infrastructure will be most effective in promoting high
standards for data security and protection of users' human
rights; and
(3) efforts of partner governments to provide digital
infrastructure development financing initiatives and efforts of
the Corporation to coordinate with such partner governments
with respect to such digital infrastructure development
financing.
SEC. 30219K. REPORT ON MULTILATERAL EFFORTS TO ADDRESS LATIN AMERICAN
FENTANYL TRAFFICKING AND EFFORTS BETWEEN LATIN AMERICA
AND CHINA ON FENTANYL TRAFFICKING.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in consultation with the
Attorney General and the Secretary of the Treasury, shall submit to the
appropriate congressional committees a written report that contains--
(1) a description of United States Government efforts to
gain a commitment from the governments of Latin American
countries to combat the production and flow of illicit fentanyl
products and the metrics used to measure the success of
existing bilateral agreements with individual Latin American
countries;
(2) a plan for future steps the United States Government
will take to urge the Latin American governments to combat
illicit fentanyl production and trafficking originating in
their respective countries;
(3) a description of efforts between China and Latin
American countries to combat the production and flow of illicit
fentanyl products originating in China and Latin America;
(4) a description of United States Government efforts to
urge China and Latin American countries to detect and deter the
financing of the production and flow of illicit fentanyl
products originating in China and Latin America, to trace the
proceeds of their sale, and to combat related corruption; and
(5) a plan for future steps the United States Government
will take to urge the Latin American governments and Chinese
Government to address transnational criminal organizations and
combat illicit fentanyl production and trafficking originating
in their respective countries.
(b) Form of Report.--The report required by subsection (a) shall be
submitted in unclassified form with a classified annex.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs, the Committee on the
Judiciary, and the Committee on Financial Services of the House
of Representatives; and
(2) the Committee on Foreign Relations, the Committee on
the Judiciary, and the Committee on Banking, Housing, and Urban
Affairs of the Senate.
SEC. 30219L. REPORT GENERATION AND SHARING ON LONG TERM COST OF BELT
AND ROAD INITIATIVE TO THIRD COUNTIRES.
The Secretary of State shall coordinate with the Secretary of
Treasury and the heads of other Federal agencies as relevant a report
for each country participating or considering participating in the
People's Republic of China's One Belt, One Road Initiative to show the
full spectrum of negative costs on participant countries. The report
shall--
(1) show the long-term financial costs of such
participation;
(2) describe China's use of One Belt, One Road to enrich
Chinese State Owned Enterprises;
(3) provide examples of China's imposition of political
cost on participating countries; and
(4) contain any additional information determined necessary
to dissuade future participation with China's debt trap and
coercive infrastructure program.
SEC. 30219M. SENSE OF CONGRESS REGARDING THE STATUS OF CHINA.
It is the sense of Congress that--
(1) the People's Republic of China is a fully
industrialized nation and no longer a developing nation; and
(2) any international agreement that provides or accords
China a favorable status or treatment as a ``developing
nation'' should be updated to reflect the status of China.
SEC. 30219N. REPORT ON PROVIDING ACCESS TO UNCENSORED MEDIA IN CHINA.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of State shall provide to Congress a classified
report on what is needed to provide access to free and uncensored media
in the Chinese market.
SEC. 30219O. REPORT ON OPEN RADIO ACCESS NETWORKS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Commerce, in consultation with
the Secretary of State, shall submit to the appropriate congressional
committees a report on the national security implications of open radio
access networks (Open RAN or O-RAN) that--
(1) provides information on the United States Government's
international engagement to support United States leadership in
Open RAN, including the Department of State's diplomatic
efforts to ensure United States leadership in international
standard setting bodies for Open RAN;
(2) describes the involvement of China headquartered
companies in Open RAN standards setting bodies such as the O-
RAN Alliance;
(3) reviews the national security risks posed by the
presence of entities included on the Bureau of Industry and
Security's ``Entity List'' in the O-RAN Alliance;
(4) determines whether entities that do business in the
United States can participate in the O-Ran Alliance under
existing sanctions and export control laws;
(5) analyzes whether United States national security is
affected by the limited number of telecommunications equipment
vendors, and examines whether the advent and deployment of Open
RAN would expand the number of equipment and service providers;
(6) outlines how the United States can work with allies,
partners, and other countries to ensure that Open RAN maintains
the highest security and privacy standards; and
(7) identifies steps the United States can take to assert
leadership in Open RAN.
(b) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs of the House of
Representatives;
(2) the Committee on Foreign Relations of the Senate;
(3) the Committee on Energy and Commerce of the House of
Representatives; and
(4) the Committee on Commerce, Science, and Transportation
of the Senate.
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.
(a) In General.--There is authorized to be appropriated for each of
fiscal years 2022 through fiscal year 2026 for the Department of State,
out of amounts authorized to be appropriated or otherwise made
available for assistance under chapter 5 of part II of the Foreign
Assistance Act of 1961 (22 U.S.C. 2347 et seq.) (relating to
international military education and training assistance), $45,000,000
for activities in the Indo-Pacific region in accordance with this
subtitle. Funds may be disbursed only after vetting of individuals
proposed to be trained, consistent with sections 502B and 620M of the
Foreign Assistance Act of 1961 (22 U.S.C. 2304 and 2378d).
(b) Limitation.--
(1) In general.--None of the funds authorized to be
appropriated by subsection (a) may be used to provide
assistance to any foreign security force units if the Secretary
of State determines that such forces have engaged in patterns
of torture or cruel, inhuman, or degrading treatment or
punishment, prolonged detention without charges and trial,
causing the disappearance of persons by the abduction and
clandestine detention of those persons, authorized by high-
ranking officials or other flagrant denial of the right to
life, liberty, or the security of person, authorized by high-
ranking officials pursuant to section 502B of the Foreign
Assistance Act of 1961 (22 U.S.C. 2304).
(2) Waiver.--The President may, on a case-by-case basis and
for periods not to exceed 180 days, waive the prohibition in
paragraph (1) if the President certifies to the appropriate
congressional committees not later than 15 days before such
waiver is to take effect that the waiver is vital to the
national security interests of the United States or its
partners and allies.
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 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.
SEC. 30226. STATEMENT OF POLICY ON MARITIME FREEDOM OF OPERATIONS IN
INTERNATIONAL WATERWAYS AND AIRSPACE OF THE INDO-PACIFIC
AND ON ARTIFICIAL LAND FEATURES IN THE SOUTH CHINA SEA.
(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. 30227. REPORT ON CAPABILITY DEVELOPMENT OF INDO-PACIFIC ALLIES AND
PARTNERS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Secretary of State should expand and strengthen
existing measures under the United States Conventional Arms
Transfer Policy to provide capabilities to allies and partners
consistent with agreed-on division of responsibility for
alliance roles, missions and capabilities, prioritizing allies
and partners in the Indo-Pacific region in accordance with
United States strategic imperatives;
(2) the United States should design for export to Indo-
Pacific allies and partners capabilities critical to
maintaining a favorable military balance in the region,
including long-range precision fires, air and missile defense
systems, anti-ship cruise missiles, land attack cruise
missiles, conventional hypersonic systems, intelligence,
surveillance, and reconnaissance capabilities, and command and
control systems consistent with law, regulation, policy, and
international commitments;
(3) the United States should pursue, to the maximum extent
possible, anticipatory technology security and foreign
disclosure policy on the systems described in paragraph (2);
(4) the Secretary of State, in coordination with the
Secretary of Defense, should--
(A) urge allies and partners to invest in
sufficient quantities of munitions to meet contingency
requirements and avoid the need for accessing United
States stocks in wartime; and
(B) cooperate with allies to deliver such
munitions, or when necessary, to increase allies'
capacity to produce such munitions; and
(5) it is in the United States interest to not authorize
arms transfers or security cooperation to governments that
demonstrate patterns of gross violations of human rights if
such arms or security cooperation could be used to commit or
support such violations.
(b) Appropriate Committees of Congress.--In this section, the term
``appropriate committees of Congress'' means--
(1) the Committee on Foreign Relations, the Committee on
Armed Services, and the Committee on Appropriations of the
Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Committee on Appropriations of the
House of Representatives.
(c) Report.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with the Secretary of Defense, shall submit to the
appropriate committees of Congress a report that describes
United States priorities for building more capable security
partners in the Indo-Pacific region.
(2) Matters to be included.--The report required under
paragraph (1) shall--
(A) provide a priority list of defense and military
capabilities that Indo-Pacific allies and partners must
possess for the United States to be able to achieve its
military objectives in the Indo-Pacific region;
(B) identify, from the list referred to in
subparagraph (A), the capabilities that are best
provided, or can only be provided, by the United
States;
(C) identify--
(i) actions required to expedite fielding
the capabilities identified in subparagraph
(B); and
(ii) steps needed to fully account for and
a plan to integrate all means of United States
foreign military sales, direct commercial
sales, security assistance, and all applicable
authorities of the Department of State and the
Department of Defense;
(D) assess the requirements for United States
security assistance, including International Military
Education and Training, in the Indo-Pacific region, as
a part of the means to deliver critical partner
capability requirements identified in subparagraph (B);
(E) assess the resources necessary to meet the
requirements for United States security assistance, and
identify resource gaps;
(F) assess the major obstacles to fulfilling
requirements for United States security assistance in
the Indo-Pacific region, including resources and
personnel limits, foreign legislative and policy
barriers, and factors related to specific partner
countries;
(G) identify limitations on the ability of the
United States to provide such capabilities, including
capabilities identified under subparagraph (B), because
of existing United States treaty obligations, United
States policies, including sections 502B and 620M of
the Foreign Assistance Act of 1961 (22 U.S.C. 2304 and
2378d), or other regulations;
(H) recommend improvements to the process for
developing requirements for United States partner
capabilities; and
(I) identify required jointly agreed
recommendations for infrastructure and posture, based
on any ongoing mutual dialogues.
(3) Form.--The report required under this subsection shall
be unclassified, but may include a classified annex.
SEC. 30228. STATEMENT OF POLICY REGARDING THE THREAT POSED BY THE
CHINESE COMMUNIST PARTY TO THE NORTH ATLANTIC TREATY
ORGANIZATION.
It is the policy of the United States to--
(1) urge NATO allies to work closely with like-minded
partners, in particular with the European Union, to protect
critical infrastructure, strengthen resilience, maintain a
technological edge, and address the challenges to the rules-
based international order posed by the Chinese Communist Party;
(2) encourage NATO allies to explore how to monitor and
defend against any activity of the Chinese Communist Party that
could impact collective defense, military readiness, or
resilience in the Supreme Allied Commander Europe's Area of
Responsibility, including by identifying vulnerabilities of key
sectors and supply chains, in coordination with the European
Union;
(3) push for NATO allies to establish a consultative body
to bring together such allies, and other institutions and
partners as relevant, to exchange information, share
experiences, and discuss all aspects of such allies' security
interests with respect to the Chinese Communist Party; and
(4) prioritize urging all NATO allies to share the burden
that comes with collective security in an increasingly complex
security environment by reaching by 2024 the pledge set at the
2014 Wales Summit to spend two percent of GDP on defense
spending and 20 percent of annual defense spending on major new
equipment.
SEC. 30229. IDENTIFICATION OF PLA-SUPPORTED INSTITUTIONS.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, and annually thereafter, the Secretary of State
shall publish and disseminate to United States institutions and places
of study a list identifying the research, engineering, and scientific
institutions that the Secretary determines are affiliated with, or
funded by, the Chinese People's Liberation Army.
(b) Form.--The list published and disseminated under subsection (a)
shall be unclassified and publicly accessible, but may include a
classified annex.
SEC. 30229A. PROHIBITION ON CERTAIN ASSISTANCE TO THE PHILIPPINES.
(a) In General.--No funds authorized to be appropriated or
otherwise made available by this Act are authorized to be made
available to provide assistance for the Philippine National Police,
including assistance in the form of equipment or training, until the
Secretary of State certifies to the Committee on Foreign Affairs of the
House of Representatives and the Committee on Foreign Relations of the
Senate that the Government of the Philippines has--
(1) investigated and successfully prosecuted members of the
Philippine National Police who have violated human rights,
ensured that police personnel cooperated with judicial
authorities in such cases, and affirmed that such violations
have ceased;
(2) established that the Philippine National Police
effectively protects the rights of trade unionists,
journalists, human rights defenders, critics of the government,
faith and religious leaders, and other civil society activists
to operate without interference;
(3) taken effective steps to guarantee a judicial system
that is capable of investigating, prosecuting, and bringing to
justice members of the police and military who have committed
human rights abuses; and
(4) fully complied with domestic and United States audits
and investigations regarding the improper use of prior security
assistance.
(b) Waiver.--The President may, on a case-by-case basis and for
periods not to exceed 180 days each, waive the prohibition under
subsection (a) if the President certifies to the Committee on Foreign
Affairs of the House of Representatives and the Committee on Foreign
Relations of the Senate not later than 15 days before such waiver is to
take effect that such waiver is vital to the national security
interests of the United States or its partners and allies.
SEC. 30229B. PRIORITIZATION AND PROTECTION OF INTERNATIONAL RESEARCH.
(a) List Of Allied Countries.--The Secretary of State, in
consultation with the Director of the Office of Science and Technology
Policy, the National Security Council, the Secretary of Energy, the
Director of the National Science Foundation, and the heads of other
relevant agencies, shall create a list of allied countries with which
joint international research and cooperation would advance United
States national interests and advance scientific knowledge in key
technology focus areas.
(b) Establishment Of Security Procedures.--The Secretary of State,
in consultation with the individuals and entities listed in subsection
(a), shall collaborate with similar entities in the countries appearing
on the list created pursuant to subsection (a) to develop, coordinate,
and agree to general security policies and procedures for governmental,
academic, and private sector research, to prevent sensitive research
from being disclosed to adversaries.
(c) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary of State, in consultation with the
individuals and entities listed in subsection (a), and allied countries
appearing on the list created pursuant to subsection (a), shall submit
a report to Congress that identifies the most promising international
research ventures that leverage resources and advance research in key
technology focus areas.
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;
(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 countering their
disbursement of vaccines in exchange for exploitative
concessions in low- to middle-income countries while
maintaining United States engagement with and support
for multilateral vaccine procurement and equitable
distribution and beyond with respect to its response to
COVID-19.
SEC. 30241A. REPORT ON INDIGENOUS ENGAGEMENT.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in coordination with the
Secretary of the Interior and in consultation with other relevant
Federal departments and agencies, shall submit to the appropriate
congressional committees a report on international indigenous
engagement.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) a description of existing programs and efforts by the
United States Government that promote international engagement
with indigenous peoples by Native Americans and Native American
communities as well as Native American representation and
participation in international organizations dedicated to
indigenous communities;
(2) a description of existing programs and efforts by other
countries, especially United States allies and partners, to
promote international diplomatic representation, educational
and cultural exchange, and other people-to-people engagements
among their indigenous peoples;
(3) a strategy for enhancing and promoting greater Native
American participation and representation in United States
diplomatic engagement in international organizations and
international educational and cultural exchange programs
operated by the United States Government, including the
establishment of an Office of Indigenous Affairs headed by a
presidentially appointed Special Envoy for Indigenous Affairs;
and
(4) steps that the Secretary of State shall take to enhance
cooperation and relationship with Native Americans in
accordance with the Federal trust responsibility and to promote
best practices among the staff of the Department of State for
engagement with Native Americans.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on Natural Resources of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Indian Affairs of the Senate.
(2) Native american.--The term ``Native American''
includes--
(A) American Indian as defined in section 4 of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5304);
(B) Alaska Native, within the meaning provided for
the term ``Native'' in section 3(b) of the Alaska
Native Claims Settlement Act (43 23 U.S.C. 1602(b));
and
(C) Native Hawaiian as defined in paragraph (9) of
section 801 of the Native American Housing Assistance
and Self-Determination Act (25 U.S.C. 4221(9)).
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, and the Permanent Select Committee on Intelligence of
the House of Representatives and the Select Committee on Intelligence
of the Senate, a strategy that describes how the United States will
enhance cooperation with the Government of Canada in managing relations
with the Government of the People's Republic of China.
(b) Elements.--The strategy required under subsection (a) shall--
(1) identify key policy points of convergence and
divergence between the United States and Canada in managing
relations with the People's Republic of China in the areas of
technology, economic practices, cyber security, secure supply
chains and critical minerals, and illicit narcotics;
(2) include a description of United States development and
coordination efforts with Canadian counterparts to enhance the
cooperation between the United States and Canada with respect
to--
(A) managing economic relations with the People's
Republic of China;
(B) democracy and human rights in the People's
Republic of China;
(C) technology issues involving the People's
Republic of China;
(D) defense issues involving the People's Republic
of China; and
(E) international law enforcement and transnational
organized crime issues;
(3) detail diplomatic efforts and future plans to work with
Canada to counter the People's Republic of China's projection
of an authoritarian governing model around the world;
(4) detail diplomatic, defense, and intelligence
cooperation to date and future plans to support Canadian
efforts to identify cost-effective alternatives to Huawei's 5G
technology;
(5) detail diplomatic and defense collaboration--
(A) to advance joint United States-Canadian
priorities for responsible stewardship in the Arctic
Region; and
(B) to counter the People's Republic of China's
efforts to project political, economic, and military
influence into the Arctic Region; and
(6) detail diplomatic efforts to work with Canada to track
and counter the People's Republic of China's attempts to exert
influence across the multilateral system.
(c) Form.--The strategy required under this section shall be
submitted in an unclassified form that can be made available to the
public, but may include a classified annex, if necessary.
(d) Consultation.--Not later than 90 days after the date of the
enactment of this Act and not less frequently than every 180 days
thereafter for five years, the Secretary of State shall consult with
the appropriate congressional committees, and the Committees on Armed
Services of the Senate and the House of Representatives, regarding the
development and implementation of the strategy required under this
section.
SEC. 30245. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) United States engagement with the leaders of the
Western Hemisphere is critical to addressing the region's
shared challenges and opportunities;
(2) Congress encourages cooperation and further engagement
specifically in policy areas on migration, climate, and
economic development, underscoring the China-Community of Latin
American and Caribbean States Forum Joint Action Plan (2022-
2024) and other initiatives that signal China's growing
influence and cooperation in the region; and
(3) Congress encourages the development of an annual summit
that convenes leaders of the Western Hemisphere on issues
relating to root causes of migration, including the climate
crisis, poverty, security, and other contributing factors to
instability.
SEC. 30246. STRATEGY TO STRENGTHEN ECONOMIC COMPETITIVENESS,
GOVERNANCE, HUMAN RIGHTS, AND THE RULE OF LAW IN LATIN
AMERICA AND THE CARIBBEAN.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in consultation, as
appropriate, with the Secretary of the Treasury, the Secretary of
Commerce, the Administrator of the United States Agency for
International Development (USAID), the Attorney General, the United
States Trade Representative, and the Chief Executive Officer of the
United States International Development Finance Corporation, shall
submit to the appropriate congressional committees, the Committee on
Ways and Means and the Committee on Appropriations of the House of
Representatives, and the Committee on Finance and the Committee on
Appropriations of the Senate a multi-year strategy for increasing
United States economic competitiveness and promoting good governance,
human rights, and the rule of law in Latin American and Caribbean
countries, particularly in the areas of--
(1) investment;
(2) equitable, inclusive, and sustainable development,
including for indigenous and African-descendant communities;
(3) commercial relations;
(4) anti-corruption activities; and
(5) infrastructure projects.
(b) Additional Elements.--The strategy required under subsection
(a) shall include a plan of action, including benchmarks to achieve
measurable progress, to--
(1) enhance the technical capacity of Latin American and
Caribbean countries to advance the sustainable and inclusive
development of equitable economies, including for indigenous
and African-descendant communities;
(2) facilitate a more open, transparent, and competitive
environment for United States businesses in the region;
(3) establish frameworks or mechanisms to review long term
financial sustainability and security implications of foreign
investments in strategic sectors or services, including
transportation, communications, natural resources, and energy;
(4) establish competitive, transparent, and inclusive
infrastructure project selection and procurement processes that
promote transparency, supplier diversity, open competition,
financial sustainability, adherence to robust global standards,
and the employment of a diverse local workforce and management;
(5) strengthen national, regional, and local legal
structures critical to robust democratic governance, fair
competition, combatting corruption, and ending impunity; and
(6) enhance transparent, affordable, and equitable access
to the internet and digital infrastructure in the Western
Hemisphere.
(c) Briefing Requirement.--Not later than one year after the date
of the enactment of this Act and annually thereafter for five years,
the Secretary of State, after consultation with the Secretary of the
Treasury, the Secretary of Commerce, the Attorney General, the United
States Trade Representative, and the leadership of the United States
International Development Finance Corporation, shall brief the
congressional committees specified in subsection (a) regarding the
implementation of this section, including examples of successes and
challenges.
SEC. 30247. ENGAGEMENT IN INTERNATIONAL ORGANIZATIONS AND THE DEFENSE
SECTOR IN LATIN AMERICA AND THE CARIBBEAN.
(a) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Select Committee on Intelligence of the Senate;
(3) the Committee on Armed Services of the Senate;
(4) the Committee on Foreign Affairs of the House of
Representatives;
(5) the Permanent Select Committee on Intelligence of the
House of Representatives; and
(6) the Committee on Armed Services of the House of
Representatives.
(b) Reporting Requirement.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State, in
coordination with the Director of National Intelligence, the
Director of the Central Intelligence Agency, and the Defense
Intelligence Agency, shall submit to the appropriate committees
of Congress a report that assesses the nature, intent, and
impact on United States strategic interests of Chinese
diplomatic activity aimed at influencing the decisions,
procedures, and programs of multilateral organizations in Latin
America and the Caribbean, including the World Bank,
International Monetary Fund, Organization of American States,
and the Inter-American Development Bank.
(2) Defense sector.--The report required under paragraph
(1) shall include an assessment of the nature, intent, and
impact on United States strategic interests of Chinese military
activity in Latin America and the Caribbean, including military
education and training programs, weapons sales, and space-
related activities in the military or civilian spheres, such
as--
(A) the satellite and space control station the
People's Republic of China constructed in Argentina;
and
(B) defense and security cooperation carried out by
the People's Republic of China in Latin America and the
Caribbean, including sales of surveillance and
monitoring technology to governments in the region such
as Venezuela, Cuba, Ecuador, and Colombia, and the
potential use of such technologies as tools of Chinese
intelligence services.
(3) Form.--The report required under paragraph (1) shall be
submitted in unclassified form and include classified annexes.
SEC. 30248. DEFENSE COOPERATION IN LATIN AMERICA AND THE CARIBBEAN.
(a) In General.--There is authorized to be appropriated to the
Department of State $13,500,000 for the International Military
Education and Training Program for Latin America and the Caribbean for
each of fiscal years 2022 through 2026.
(b) Modernization.--The Secretary of State shall modernize and
strengthen the programs receiving funding in accordance with subsection
(a) to ensure that such programs are vigorous, substantive, and the
preeminent choice for international military education and training for
Latin American and Caribbean partners.
(c) Required Elements.--The programs referred to in subsection (a)
shall--
(1) provide training and capacity-building opportunities to
Latin American and Caribbean security services;
(2) provide practical skills and frameworks for--
(A) improving the functioning and organization of
security services in Latin America and the Caribbean;
(B) creating a better understanding of the United
States and its values; and
(C) using technology for maximum efficiency and
organization;
(3) promote and ensure that security services in Latin
America and the Caribbean respect civilian authority and
operate in compliance with international norms, standards, and
rules of engagement, including a respect for human rights, and
full compliance with requirements under section 620M of the
Foreign Assistance Act of 1961 (22 U.S.C. 2378d; commonly
referred to as the ``Leahy law''); and
(4) receive funds only after vetting of individuals
proposed to be trained, consistent with sections 502B and 620M
of the Foreign Assistance Act of 1961 (22 U.S.C. 2304 and
2378d).
(d) Report on IMET Activities.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State shall provide
a report to the House and Senate Appropriations Committees,
House and Senate Armed Services Committee, Senate Foreign
Relations Committee, and House Foreign Affairs Committee a
report on the use of the International Military Education and
Training Program (IMET) in the countries of Latin America since
2012, including relating to the following:
(A) The number of security units trained in each
country.
(B) Which security service units, by country and
unit, received IMET education and training despite
credible allegations of corruption, impeding democratic
processes, or involvement in drug trafficking prior to
IMET program.
(C) Which security service units, by country and
unit, received IMET education and training, and
subsequently had credible allegations of corruption,
impeding democratic processes, or involvement in drug
trafficking.
(D) Which security service units, by country and
unit, were involved in violations of human rights
subsequent to their involvement in IMET programs.
(2) Form.--The report required under paragraph (1) shall be
submitted in unclassified form but may contain a classified
annex if necessary.
SEC. 30249. ENGAGEMENT WITH CIVIL SOCIETY IN LATIN AMERICA AND THE
CARIBBEAN REGARDING ACCOUNTABILITY, HUMAN RIGHTS, AND THE
RISKS OF PERVASIVE SURVEILLANCE TECHNOLOGIES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Government of the People's Republic of China is
exporting its model for internal security and state control of
society through advanced technology and artificial
intelligence; and
(2) the inclusion of communication networks and
communications supply chains with equipment and services from
companies with close ties to or that are susceptible to
pressure from governments or security services without reliable
legal checks on governmental powers can lead to breaches of
citizens' private information, increased censorship, violations
of human rights, and harassment of political opponents.
(b) Diplomatic Engagement.--The Secretary of State shall conduct
diplomatic engagement with governments and civil society organizations
in Latin America and the Caribbean to--
(1) help identify and mitigate the risks to civil liberties
posed by technologies and services described in subsection (a);
and
(2) offer recommendations on ways to mitigate such risks.
(c) Internet Freedom Programs.--The Chief Executive Officer of the
United States Agency for Global Media, who may work through the Open
Technology Fund of the Agency, and the Secretary of State, working
through the Bureau of Democracy, Human Rights, and Labor's Internet
Freedom and Business and Human Rights Section, shall expand and
prioritize efforts to provide anti-censorship technology and services
to journalists in Latin America and the Caribbean, in order to enhance
their ability to safely access or share digital news and information.
(d) Support for Civil Society.--The Secretary of State, in
coordination with the Administrator of the United States Agency for
International Development, shall work through nongovernmental
organizations to--
(1) support and promote programs that support internet
freedom and the free flow of information online in Latin
America and the Caribbean;
(2) protect open, interoperable, secure, and reliable
access to internet in Latin America and the Caribbean;
(3) provide integrated support to civil society for
technology, digital safety, policy and advocacy, and applied
research programs in Latin America and the Caribbean;
(4) train journalists and civil society leaders in Latin
America and the Caribbean on investigative techniques necessary
to ensure public accountability and prevent government
overreach in the digital sphere;
(5) assist independent media outlets and journalists in
Latin America and the Caribbean to build their own capacity and
develop high-impact, in-depth news reports covering governance
and human rights topics;
(6) provide training for journalists and civil society
leaders on investigative techniques necessary to improve
transparency and accountability in government and the private
sector;
(7) provide training on investigative reporting of
incidents of corruption and unfair business and commercial
practices;
(8) assist nongovernmental organizations to strengthen
their capacity to monitor the incidents and practices described
in paragraph (7);
(9) identify local resources to support the preponderance
of activities that would be carried out under this subsection;
and
(10) support and promote programs that support independent
judicial sectors, anti-corruption efforts, rule of law
activities, and good governance.
SEC. 30250. CARIBBEAN ENERGY INITIATIVE AS ALTERNATIVE TO CHINA'S BELT
AND ROAD INITIATIVE.
(a) Findings.--Congress makes the following findings:
(1) The countries of the Caribbean are heavily reliant upon
imported oil to provide for approximately 90 percent of their
energy production.
(2) The level of dependence is even higher including--
(A) Jamaica, which relies on oil for 95.9 percent
of its electricity;
(B) Barbados, which relies on oil for 96 percent of
its electricity;
(C) The Virgin Islands, which relies on oil for
nearly 100 percent of its electricity; and
(D) St. Lucia, which relies on oil for 100 percent
of its electricity.
(3) Overreliance on imported fossil fuels has had a
detrimental effect on economic development, growth, and
competitiveness in the Caribbean.
(4) Since 1970, more than 80 percent of Caribbean coral
reefs have been lost due to coastal development and pollution.
Soot particulates and climate change caused by burning fossil
fuels have seriously damaged coral reefs, which are a
significant source of tourism dollars, fishing, biodiversity,
and natural beauty.
(5) Air pollution caused by burning oil for electricity--
(A) has serious health impacts in the form of
higher rates of asthma and other lung ailments; and
(B) can also exacerbate climate change.
(6) The Caribbean region is particularly vulnerable to sea
level rise and stronger storms.
(7) Between 2005 and 2018, the dependence of the countries
of the Caribbean on oil was perpetuated by the Venezuelan-led
Petrocaribe oil alliance, which--
(A) offered preferential terms for oil sales; and
(B) supplies some countries with up to 40 percent
of their energy production needs.
(8) The ongoing domestic economic crisis and political
turmoil in Venezuela has forced the Government of Venezuela to
retract its commitments to the Petrocaribe oil alliance and
step away as a regional power. Only Cuba still receives
preferential Petrocaribe pricing on fuel exports from
Venezuela, while other Petrocaribe member countries are
experiencing a destabilized flow of oil.
(9) China has spent more than $244,000,000,000 on energy
projects worldwide since 2000, 25 percent of which was spent in
Latin America and the Caribbean. Although the majority of this
spending was for oil, gas, and coal, China has also been the
largest investor in clean energy globally for almost a decade.
(10) The World Bank estimates that the Caribbean will need
$12,000,000,000 in power investments through 2035.
(11) Renewable energy technology costs have decreased
dramatically in recent years, offering a more viable economic
alternative for energy production. Solar energy prices have
fallen by 80 percent since 2008, causing significant market
growth, and according to data released by the International
Renewable Energy Agency, \1/3\ of global power capacity is
based in renewable energy.
(12) In 2016, the International Monetary Fund estimated
that transportation accounted for 36 percent of the total
primary energy consumed in the Caribbean subregion.
(13) According to the United Nations Environment Programme,
Latin America and the Caribbean could achieve annual savings of
$621,000,000,000 and a reduction of 1,100,000,000 tons of CO2
by 2050 if the region's energy and transport sectors reach net
zero emissions.
(14) The Caribbean has an abundance of onshore and offshore
resources needed for renewable energy, including sun, wind,
geothermal, and some hydropower production capacity.
(15) The United States Government is deeply engaged in
providing technical and policy assistance to countries of the
Caribbean on energy issues through--
(A) the Energy and Climate Partnership of the
Americas;
(B) Connecting the Americas 2022; and
(C) bilateral assistance programs.
(16) On February 19, 2014, at the North American Leaders'
Summit, President Barack Obama, Prime Minister Stephen Harper
of Canada, and President Enrique 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. 30251. UNITED STATES-CARIBBEAN RESILIENCE PARTNERSHIP.
(a) Findings.--Congress makes the following findings:
(1) The United States shares with the Caribbean a
collective vulnerability to natural disasters, which affects
the lives and the economies of our citizens.
(2) The April 9, 2021, eruption of the La Soufriere volcano
is another reminder of the devastation caused by the many
natural disasters the Caribbean confronts each year and the
region's vulnerability to external shocks. Hurricane Dorian,
the largest storm to hit the region, wiped out large parts of
the northern Bahamas in 2019, and Hurricanes Maria and Irma
devastated multiple islands across the region in 2017,
including Puerto Rico. According to IMF research, of the 511
plus disasters worldwide to hit small states since 1950, around
two-thirds (324) have been in the Caribbean.
(3) This region is seven times more likely to experience a
natural disaster than elsewhere. And, when one occurs, it will
incur as much as six times more damage.
(4) Extreme weather events and other environmental impacts
will only worsen over the coming years, and if not addressed,
we will see only increasing economic shocks on these countries,
driving irregular migration.
(5) While the United States has considerable expertise and
capacity in assisting countries with disaster response, there
remains a need for stronger partnerships that build regional
resilience through efficient and interoperable platforms,
protecting people and speeding recovery.
(6) The People's Republic of China has dramatically
increased its engagement in the Caribbean in the past five
years, including offering loans and grants related to disaster
response and resilience and sought to acquire property rights
in the Caribbean that would be detrimental to United States
national security interests.
(7) In 2019, the United States launched a new U.S.-
Caribbean Resilience Partnership to deepen cooperation and
investment to strengthen our disaster resilience throughout the
Caribbean region, including--
(A) to streamline early warning response networks
and formalize communication channels;
(B) to enhance, encourage, and work collaboratively
on further developing aviation disaster resilience
plans and partnerships;
(C) to prioritize regional technical exchange in
energy planning, risk reduction, and resilience;
(D) to increase communications network
interoperability between Caribbean partners and the
United States;
(E) to utilize storm surge mapping data and share
real-time information in preparation for potential
damage resulting from tropical cyclones and tsunamis;
(F) to use meteorological services to strengthen
and deepen physical and communications infrastructure,
data collection networks, and human and technical
capacity throughout the region, as well as interactions
with the public;
(G) to understand that while the use of
international and military and civil defense assets in
disaster response may only be considered as a last
resort, when local, national, and international
civilian capabilities are overwhelmed, civil-military
coordination should occur, in support of the affected
nation;
(H) to develop a framework that would govern the
deployment of international military and civil defense
assets in disaster response when local, national, and
international civilian capabilities are overwhelmed, in
support of the affected nation;
(I) to seek common mechanisms for ensuring rapid
disaster response and recovery, including waiving or
expediting diplomatic clearances, waiving of or
reducing customs fees, streamlining overflight and
airspace clearance, and ensuring that the first
responders have the ability to rapidly respond to
disasters in other countries;
(J) to promote the integration and coordination of
regional response mechanisms in the Caribbean,
including through the Caribbean Disaster Emergency
Management Agency, the Regional Security System, United
States Government Agencies, and allies in ways that
facilitate more effective and efficient planning,
mitigation, response, and resilience to natural
disasters;
(K) to share best practices in improved building
codes with national disaster organizations, including
building better programs, at regional, national and
community levels; and
(L) to promote community-based disaster
preparedness and mitigation activities, particularly in
underserved communities, with the aim of increasing
broad public participation and resilience.
(b) Policy.--It is the policy of the United States to help
Caribbean countries--
(1) increase their resilience and adapt to natural
disasters and the impacts of severe weather events and a
changing environment;
(2) partner with United States Federal, State, and local
agencies and engage in technical cooperation, dialogue, and
assistance activities;
(3) harmonize standards and practices related to paragraphs
(1) and (2) to promote increased investment and integration;
(4) increase investment from United States companies in the
Caribbean on resilience-building, adaptation, and climate-
related mitigation efforts;
(5) promote regional cooperation and ensure efforts by the
United States, Caribbean countries, and international partners
complement each other; and
(6) further assist with the efforts described in subsection
(a)(7).
(c) Strategy.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in coordination with the
heads of other Federal departments and agencies, shall submit to the
appropriate congressional committees a multi-year strategy that
describes how the Department of State will achieve the policies
described in subsection (b).
(d) Authorization of Appropriations.--There are authorized to be
appropriated for activities, programs, technical assistance, and
engagement under this section the following:
(1) $20,000,000 for fiscal year 2022.
(2) $25,000,000 for fiscal year 2023.
(3) $30,000,000 for fiscal year 2024 and each fiscal year
thereafter.
(e) Reporting and Monitoring.--
(1) In general.--Of the amounts authorized to be
appropriated each fiscal year pursuant to subsection (d), at
least five percent of all programming funding allocation shall
support and be directed toward reporting, monitoring, and
assessment of effectiveness.
(2) Engagement and collaboration.--The Department of State
shall ensure that at least 20 percent of amounts authorized to
be appropriated pursuant to subsection (d) directly support the
training of, engagement with, collaboration with, and exchange
of expertise on resilience between United States Federal,
State, and local officials and their Caribbean government
counterparts. Such amounts should also support, as appropriate,
increased academic, civil society, media, and private sector
engagement in the fields of resilience-building, adaptation,
and mitigation.
SEC. 30252. COUNTERING CHINA'S EDUCATIONAL AND CULTURAL DIPLOMACY IN
LATIN AMERICA.
(a) Findings.--Congress finds the following:
(1) According to a report by the National Endowment for
Democracy, China has spent the equivalent of billions of
dollars to shape public opinion and perceptions around the
world through thousands of people-to-people exchanges, cultural
activities, educational programs, and the development of media
enterprises and information initiatives with global reach.
(2) Educational and exchange programs are a core element of
United States public diplomacy, elevating our culture,
policies, and interests worldwide.
(3) These programs provide students with access to
international knowledge, an opportunity to learn foreign
languages, and a unique environment for developing cultural
understanding, all of which are valuable skills in today's
global economy.
(4) 90 percent of ECA's appropriation is spent in the
United States or invested directly in American citizens or
American organizations.
(b) Sense of Congress.--It is the sense of Congress that--
(1) China's efforts to mold public opinion and influence
educational institutions undermine United States' influence in
Latin America and the Caribbean and threaten democratic
institutions and practices in the region;
(2) the United States Government should expand current
educational and cultural exchange programs in Latin America and
the Caribbean, which are cost-effective and strengthen people-
to-people diplomacy, to promote national security and foreign
policy interests of the United States; and
(3) educational exchanges foster linguistic, cultural, and
educational skills that advance United States economic
competitiveness, strengthen alliances, and support democracies
worldwide.
(c) Strategy.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, acting through the
Assistant Secretary of State for Educational and Cultural Affairs, and
in coordination with the Assistant Administrator for the Bureau of
Economic Growth, Education, and Environment at the United States Agency
for International Development, shall devise a strategy--
(1) to evaluate and expand existing programs and, as
necessary, design and implement new educational, professional,
and cultural exchanges and other programs to--
(A) create and sustain mutual understanding with
other countries necessary to advance United States
foreign policy goals by cultivating people-to-people
ties among current and future global leaders that build
enduring networks and personal relationships; and
(B) promote United States national security
interests and values, including through the expansion
of exchange visitor programs such as international
visitor leadership programs and the Young Leaders of
the Americas Initiative, as well as professional
capacity building programs that prioritize building
skills in entrepreneurship, promoting transparency, and
technology;
(2) to ensure that exchange programs for Americans abroad
and international visitors attract a diverse pool of
participants, including from underrepresented, marginalized,
and low-income communities; and
(3) to evaluate, expand, and strengthen existing programs,
and, as necessary, design and implement new basic and higher
education programs in Latin America and the Caribbean, in
accordance with the United States Strategy on International
Basic Education and the United States Agency for International
Development Education Policy, to enable all young adults,
youth, and children to acquire the quality education and skills
needed to be productive members in society, which will lead to
better individual and societal outcomes.
(d) Report With Intelligence Assessment.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of State
shall, in coordination with the Director of National Intelligence,
submit to the appropriate congressional committees (including the
Permanent Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of the Senate)
a report that assesses the nature and impact of the People's Republic
of China's educational and cultural sector activity in Latin America
and the Caribbean, its impact on United States' strategic interests,
and recommendations for the United States Government to expand people-
to-people ties.
SEC. 30253. NARCOTICS TRAFFICKING IN LATIN AMERICA AND THE CARIBBEAN.
It is the sense of Congress that--
(1) narcotics trafficking continues to pose a security
threat to the countries and peoples of Latin America and the
Caribbean;
(2) other forms of transnational organized crime, including
arms trafficking, human smuggling, money laundering, and
illicit financing, are drivers of irregular migration;
(3) narcotics trafficking is fueled by governments that
fail to curb the illicit drug trade by adequately regulating
the legal trade of non-fentanyl opioids and precursor chemicals
used to produce fentanyl, fentanyl analogs, and other synthetic
drugs;
(4) further, governments that do not cooperate sufficiently
on financial investigations and prosecutions, withhold
information with respect to money laundering crimes, or are
determined to facilitate illicit activities, particularly by
transnational organized criminal organizations, should be held
accountable;
(5) as noted in the International Narcotics Control
Strategy Report 2020, China ``has not cooperated sufficiently
on financial investigations and does not provide adequate
responses to requests for financial investigation
information'';
(6) the United States should apply economic and other
targeted financial sanctions with respect to individuals
engaged in financial crimes and money laundering that fosters
narcotics trafficking in the countries of Latin America and the
Caribbean; and
(7) the United States should look to policies to hold
accountable countries that fail to sufficiently investigate
financial crimes and money laundering that foster narcotics
trafficking in the countries of Latin America and the
Caribbean.
SEC. 30254. REPORT ON MAJOR CHINESE INFRASTRUCTURE INVESTMENTS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of State shall submit to Congress a report on major
Chinese infrastructure investments in Latin America and the Caribbean
and the extent to which the countries that host these investments are
able to meet the interest and principal payments associated with any
outstanding loans.
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 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).
SEC. 30259. REPORT AND BRIEFING ON CHINA'S ELECTION INTERFERENCE.
The Director of National Intelligence, in coordination with the
heads of other appropriate Federal departments and agencies, shall
submit to Congress a report on the existence of any security risks and
threats posed by China to upcoming United States elections for Federal
office.
SEC. 30259A. INTELLIGENCE ASSESSMENT.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of State, in coordination with the Director of
National Intelligence, shall submit to the Committee on Foreign Affairs
and the Permanent Select Committee on Intelligence of the House of
Representatives and the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate a classified report, with an
unclassified annex if appropriate, that assesses the degree to which,
if any, the Russian Federation has coordinated with the People's
Republic of China (PRC) regarding a potential further invasion of
Ukraine. Such assessment shall also examine ways in which the PRC may
have promised to help the Russian Federation offset the costs of
prospective economic sanctions, especially in the financial,
technological, and energy sectors.
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;
(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 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;
(3) the United States Government should prioritize
investments to build the capacity of emerging young African
leaders in sub-Saharan Africa, including through efforts to--
(A) enhance leadership skills;
(B) encourage entrepreneurship;
(C) strengthen public administration and the role
of civil society;
(D) enhance peace and security in their respective
countries of origin and across Africa; and
(E) connect young African leaders continentally and
globally across the private, civic, and public sectors;
(4) youth in Africa have a positive impact on efforts to
foster economic growth, improve public sector transparency and
governance, and counter extremism, and should be an area of
focus for United States outreach on the African continent; and
(5) the Secretary of State should--
(A) increase the number of fellows from Africa
participating in the Mandela Washington Fellowship
above the estimated 700 fellows who participated during
fiscal year 2021; and
(B) identify additional ways to connect YALI alumni
to United States public and private resources and
institutions.
(b) Young African Leaders Initiative Program.--
(1) In general.--There is established the Young African
Leaders Initiative (``YALI''), which shall be carried out by
the Secretary of State.
(2) Purpose.--YALI shall seek to build the capacity of
young African leaders in sub-Saharan Africa in the areas of
business, civic engagement, or public administration, including
through efforts to--
(A) support young African leaders by offering
professional development, training, and networking
opportunities, particularly in the areas of leadership,
innovation, civic engagement, elections, human rights,
entrepreneurship, good governance, peace and security,
and public administration; and
(B) provide increased economic and technical
assistance to young African leaders to promote economic
growth, strengthen ties between United States and
African businesses, build resilience to predatory
lending practices, and improve capacity in key economic
areas such as tendering, bidding, and contract
negotiations, budget management and oversight, anti-
corruption, and establishment of clear policy and
regulatory practices.
(3) Fellowships.--
(A) In general.--YALI shall support the
participation in the United States in the Mandela
Washington Fellowship for Young African Leaders of
fellows from Africa who--
(i) are between 25 and 35 years of age;
(ii) have demonstrated strong capabilities
in entrepreneurship, innovation, public
service, and leadership; and
(iii) have had a positive impact in their
communities, organizations, or institutions.
(B) Oversight.--The fellowships described in
paragraph (1) shall be overseen by the Secretary of
State through the Bureau of Education and Cultural
Affairs.
(C) Eligibility.--The Secretary of State shall
establish and publish--
(i) eligibility criteria for participation
as a fellow under paragraph (1); and
(ii) criteria for determining which
eligible applicants will be selected.
(4) Reciprocal exchanges.--Subject to the approval of the
Secretary of State, United States citizens may--
(A) engage in reciprocal exchanges in connection
with alumni of the fellowship described in subsection
(c); and
(B) collaborate on projects with such fellowship
alumni.
(5) Regional leadership centers and networks.--The
Administrator of the United States Agency for International
Development shall establish--
(A) not fewer than 4 regional leadership centers in
sub-Saharan Africa to offer in-person and online
training throughout the year on business and
entrepreneurship, civic leadership, and public
management to young African leaders between 18 and 35
years of age who have demonstrated strong capabilities
in entrepreneurship, innovation, public service and
leadership, and peace-building and conflict resolution,
and who have had a positive impact in their
communities, organizations, or institutions; and
(B) an online network that provides information and
courses on, and connections with leaders in, the
private and public sectors of Africa.
(6) Activities.--
(A) United states-based activities.--The Secretary
of State, in coordination with the heads of relevant
Federal departments and agencies, shall oversee all
United States-based activities carried out under YALI,
including--
(i) the participation of Mandela Washington
Fellows in a six-week Leadership Institute at a
United States educational institution in
business, civic engagement, or public
management, including academic sessions, site
visits, professional networking opportunities,
leadership training, community service, and
organized cultural activities; and
(ii) the participation by Mandela
Washington fellows in an annual Mandela
Washington Fellowship Summit, to provide such
Fellows the opportunity to meet with United
States leaders from the private, public, and
non-profit sectors.
(B) Africa-based activities.--The Secretary of
State, in coordination with the Administrator for the
United States Agency for International Development and
the heads of other relevant Federal departments and
agencies, should continue to support YALI activities in
sub-Saharan Africa, including--
(i) continued leadership training and other
professional development opportunities for
Mandela Washington Fellowship for Young African
Leaders alumni upon their return to their home
countries, including online courses, technical
assistance, and access to funding;
(ii) training for young African leaders at
regional leadership centers established in
accordance with subsection (e), and through
online and in-person courses offered by such
centers; and
(iii) opportunities for networking and
engagement with--
(I) alumni of the Mandela
Washington Fellowship for Young African
Leaders;
(II) alumni of programs at regional
leadership centers established in
accordance with subsection (e);
(III) United States and like-minded
diplomatic missions, business leaders,
and others as appropriate; and
(IV) where practicable and
appropriate, other United States-funded
regional leadership programs, including
the Young Southeast Asian Leaders
Initiative (YSEALI), the Young Leaders
of the Americas Initiative (YLAI), the
Young Pacific Leaders (YPL), and the
Young Transatlantic Innovation Leaders
Initiative (YTILI), and through
Department of State programs such as
the Community Engagement Exchange
Program and other initiatives.
(C) Implementation.--To carry out this subsection,
the Secretary of State, in coordination with the
Administrator of the United States Agency for
International Development and the heads of other
relevant Federal departments and agencies shall seek to
partner with the private sector to pursue public-
private partnerships, leverage private sector
expertise, expand networking opportunities, and
identify funding opportunities as well as fellowship
and employment opportunities for YALI.
(7) Implementation plan.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of State, in
coordination with the Administrator of the United States Agency
for International Development and the heads of other relevant
Federal departments and agencies, shall submit to the
appropriate congressional committees a plan for implementing
YALI, including--
(A) a description of clearly defined program goals,
targets, and planned outcomes for each year and for the
duration of implementation of the program;
(B) a strategy to monitor and evaluate the program
and progress made toward achieving such goals, targets,
and planned outcomes; and
(C) a strategy to ensure the program is promoting
United States foreign policy goals in Africa, including
ensuring that the program is clearly branded, paired
with robust public diplomacy efforts, and incorporates
diversity among participants as practicable, including
countries and communities in Africa facing economic
distress, civil conflict, marginalization, and other
challenges.
(8) Report.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter for 5 years, the
Secretary of State, in coordination with the Administrator of
the United States Agency for International Development, shall
submit to the appropriate congressional committees and publish
in a publicly accessible, internet-based form, a report that
includes--
(A) a description of the progress made toward
achieving the goals, targets, and planned outcomes
described in subsection (g)(1), including an overview
of the program implemented in the previous year and an
estimated number of beneficiaries;
(B) an assessment of how YALI is contributing to
and promoting United States-Africa relations,
particularly in areas of increased private sector
investment, trade promotion, support to civil society,
improved public administration, promoting peace and
security, and fostering entrepreneurship and youth
empowerment;
(C) recommendations for improvements or changes to
YALI and the implementation plan, if any, that would
improve their effectiveness during subsequent years of
YALI's implementation; and
(D) for the first report submitted under this
subsection, an assessment of the feasibility of
expanding YALI to Morocco, Algeria, Tunisia, Libya, and
Egypt.
(9) Appropriate congressional committees defined.--In this
section, the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Foreign Affairs of the House
of Representatives; and
(D) the Committee on Appropriations of the House of
Representatives.
(10) Sunset.--The requirements of this section shall
terminate on the date that is 5 years after the date of the
enactment of this Act.
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.
(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;
(O) efforts to warn United States partners in the
Middle East and North Africa of the risks associated
with the People's Republic of China's
telecommunications infrastructure and provide
alternative ``clean paths'' to the People's Republic of
China's technology; and
(P) opportunities of potential partnership with
Israel and other regional nations in areas such as
technological cooperation in areas critical to national
security.
(c) Form.--The strategy required under section (b) shall be
submitted in an unclassified form that can be made available to the
public, but may include a classified annex as necessary.
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.
(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:
(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
(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 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;
(K) a detailed assessment of appropriations
required to achieve the objectives for the strategy in
future years; and
(L) an analysis of national security threats posed
to the Pacific Islands by climate change.
(3) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Affairs, the Committee
on Armed Services, and the Committee on Transportation
and Infrastructure of the House of Representatives; and
(B) the Committee on Foreign Relations, the
Committee on Armed Services, and the Committee on
Commerce, Science, and Transportation of the Senate.
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:
(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.
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.
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;
(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;
(11) to coordinate with allies, including the United
Kingdom, Australia, Canada, Japan, and the Republic of Korea,
to promote democracy and human rights in Hong Kong; and
(12) to welcome and protect in the United States residents
of Hong Kong fleeing persecution or otherwise seeking a safe
haven from violations by the Government of the PRC of the
fundamental rights of the people of Hong Kong.
(d) Temporary Protected Status for Hong Kong Residents in the
United States.--
(1) Designation.--
(A) In general.--For purposes of section 244 of the
Immigration and Nationality Act (8 U.S.C. 1254a), Hong
Kong shall be treated as if it had been designated
under subsection (b)(1)(C) of such section, subject to
the provisions of this section.
(B) Period of designation.--The initial period of
the designation referred to in subparagraph (A) shall
be for the 18-month period beginning on the date of
enactment of this Act.
(2) Aliens eligible.--As a result of the designation made
under subsection (a), an alien is deemed to satisfy the
requirements under paragraph (1) of section 244(c) of the
Immigration and Nationality Act (8 U.S.C. 1254a(c)), subject to
paragraph (3) of such section, if the alien--
(A) was a permanent resident of Hong Kong at the
time such individual arrived into the United States and
is a national of the PRC (or in the case of an
individual having no nationality, is a person who last
habitually resided in Hong Kong);
(B) has been continuously physically present in the
United States since the date of the enactment of this
Act;
(C) is admissible as an immigrant, except as
otherwise provided in paragraph (2)(A) of such section,
and is not ineligible for temporary protected status
under paragraph (2)(B) of such section; and
(D) registers for temporary protected status in a
manner established by the Secretary of Homeland
Security.
(3) Consent to travel abroad.--
(A) In general.--The Secretary of Homeland Security
shall give prior consent to travel abroad, in
accordance with section 244(f)(3) of the Immigration
and Nationality Act (8 U.S.C. 1254a(f)(3)), to an alien
who is granted temporary protected status pursuant to
the designation made under paragraph (1) if the alien
establishes to the satisfaction of the Secretary of
Homeland Security that emergency and extenuating
circumstances beyond the control of the alien require
the alien to depart for a brief, temporary trip abroad.
(B) Treatment upon return.--An alien returning to
the United States in accordance with an authorization
described in subparagraph (A) shall be treated as any
other returning alien provided temporary protected
status under section 244 of the Immigration and
Nationality Act (8 U.S.C. 1254a).
(e) Treatment of Hong Kong Residents for Immigration Purposes.--
Notwithstanding any other provision of law, during the five fiscal year
period beginning on the first day of the first full fiscal year after
the date of enactment of this Act, Hong Kong shall continue to be
considered a foreign state separate and apart from the PRC as mandated
under section 103 of the Immigration and Nationality Act of 1990
(Public Law 101-649) for purposes of the numerical limitations on
immigrant visas under sections 201, 202, and 203 of the Immigration and
Nationality Act (8 U.S.C. 1151, 1152, and 1153).
(f) Verification of Priority Hong Kong Residents.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with the Secretary of Homeland Security, shall
publish in the Federal Register, an interim final rule
establishing procedures for designation of Priority Hong Kong
Residents. Notwithstanding section 553 of title 5, United
States Code, the rule shall be effective, on an interim basis,
immediately upon publication, but may be subject to change and
revision after public notice and opportunity for comment. The
Secretary of State shall finalize such rule not later than one
year after the date of the enactment of this Act. Such rule
shall establish procedures--
(A) for individuals to register with any United
States embassy or consulate outside of the United
States, or with the Department of Homeland Security in
the United States, and request designation as a
Priority Hong Kong Resident; and
(B) for the appropriate Secretary to verify the
residency of registered individuals and designate those
who qualify as Priority Hong Kong Residents.
(2) Documentation.--The procedures described in paragraph
(1) shall include the collection of--
(A) biometric data;
(B) copies of birth certificates, residency cards,
and other documentation establishing residency; and
(C) other personal information, data, and records
deemed appropriate by the Secretary.
(3) Guidance.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall issue
guidance outlining actions to enhance the ability of the
Secretary to efficiently send and receive information to and
from the United Kingdom and other like-minded allies and
partners for purposes of rapid verification of permanent
residency in Hong Kong and designation of individuals as
Priority Hong Kong Residents.
(4) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall submit to
the appropriate congressional committees, the Committee on the
Judiciary of the House of Representatives, and the Committee on
the Judiciary of the Senate a report detailing plans to
implement the requirements described in this subsection.
(5) Protection for refugees.--Nothing in this section may
be construed to prevent a Priority Hong Kong Resident from
seeking refugee status under section 207 of the Immigration and
Nationality Act (8 U.S.C. 1157) or requesting asylum under
section 208 of such Act (8 U.S.C. 1158).
(g) Reporting Requirements.--
(1) In general.--On an annual basis, the Secretary of State
and the Secretary of Homeland Security, in consultation with
other Federal agencies, as appropriate, shall submit to the
appropriate congressional committees, the Committee on the
Judiciary of the House of Representatives, and the Committee on
the Judiciary of the Senate a report detailing for the previous
fiscal year--
(A) the number of Hong Kong SAR residents who have
applied for United States visas or immigration
benefits, disaggregated by visa type or immigration
benefit, including asylum, refugee status, temporary
protected status, and lawful permanent residence;
(B) the number of approvals, denials, or rejections
of applicants for visas or immigration benefits
described in subparagraph (A), disaggregated by visa
type or immigration benefit and basis for denial;
(C) the number of pending refugee and asylum
applications for Hong Kong SAR residents, and the
length of time and reason for which such applications
have been pending; and
(D) other matters determined relevant by the
Secretaries relating to efforts to protect and
facilitate the resettlement of refugees and victims of
persecution in Hong Kong.
(2) Form.--Each report under paragraph (1) shall be
submitted in unclassified form and published on a text-
searchable, publicly available website of the Department of
State and the Department of Homeland Security.
(h) Strategy for International Cooperation on Hong Kong.--
(1) In general.--It is the policy of the United States--
(A) to support the people of Hong Kong by providing
safe haven to Hong Kong SAR residents who are nationals
of the PRC following the enactment of the Hong Kong
National Security Law that places certain Hong Kong
persons at risk of persecution; and
(B) to encourage like-minded nations to make
similar accommodations for Hong Kong people fleeing
persecution by the Government of the PRC.
(2) Plan.--The Secretary of State, in consultation with the
heads of other Federal agencies, as appropriate, shall develop
a plan to engage with other countries, including the United
Kingdom, on cooperative efforts to--
(A) provide refugee and asylum protections for
victims of, and individuals with a fear of, persecution
in Hong Kong, either by Hong Kong authorities or other
authorities acting on behalf of the PRC;
(B) enhance protocols to facilitate the
resettlement of refugees and displaced persons from
Hong Kong;
(C) identify and prevent the exploitation of
immigration and visa policies and procedures by corrupt
officials; and
(D) expedite the sharing of information, as
appropriate, related to the refusal of individual
applications for visas or other travel documents
submitted by residents of the Hong Kong SAR based on--
(i) national security or related grounds
under section 212(a)(3) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)); or
(ii) fraud or misrepresentation under
section 212(a)(6)(C) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(6)(C)).
(3) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State, in consultation
with the heads of other Federal agencies, as appropriate, shall
submit to the appropriate congressional committees, the
Committee on the Judiciary of the House of Representatives, and
the Committee on the Judiciary of the Senate a report on the
plan described in paragraph (2).
(i) Refugee Status for Certain Residents of Hong Kong.--
(1) In general.--Aliens described in paragraph (2) may
establish, for purposes of admission as a refugee under
sections 207 of the Immigration and Nationality Act (8 U.S.C.
1157) or asylum under section 208 of such Act (8 U.S.C. 1158),
that such alien has a well-founded fear of persecution on
account of race, religion, nationality, membership in a
particular social group, or political opinion by asserting such
a fear and a credible basis for concern about the possibility
of such persecution.
(2) Aliens described.--
(A) In general.--An alien is described in this
subsection if such alien--
(i) is a Priority Hong Kong Resident and--
(I) had a significant role in a
civil society organization supportive
of the protests in 2019 and 2020
related to the Hong Kong National
Security Law and the encroachment on
the autonomy of Hong Kong by the PRC;
(II) was arrested, charged,
detained, or convicted of an offense
arising from their participation in an
action as described in section
206(b)(2) of the United States-Hong
Kong Policy Act of 1992 (22 U.S.C.
5726(b)(2)) that was not violent in
nature; or
(III) has had their citizenship,
nationality, or residency revoked for
having submitted to any United States
Government agency a nonfrivolous
application for refugee status, asylum,
or any other immigration benefit under
the immigration laws (as defined in
section 101(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)));
(ii) is a Priority Hong Kong Resident
spouse or child of an alien described in clause
(i); or
(iii) is the parent of an alien described
in clause (i), if such parent is a citizen of
the PRC and no other foreign state.
(B) Other categories.--The Secretary of Homeland
Security, in consultation with the Secretary of State,
may designate other categories of aliens for purposes
of establishing a well-founded fear of persecution
under paragraph (1) if such aliens share common
characteristics that identify them as targets of
persecution in the PRC on account of race, religion,
nationality, membership in a particular social group,
or political opinion.
(C) Significant role.--For purposes of subclause
(I) of paragraph (2)(A)(i), a significant role shall
include, with respect to the protests described in such
clause--
(i) an organizing role;
(ii) a first aid responder;
(iii) a journalist or member of the media
covering or offering public commentary;
(iv) a provider of legal services to one or
more individuals arrested for participating in
such protests; or
(v) a participant who during the period
beginning on June 9, 2019, and ending on June
30, 2020, was arrested, charged, detained, or
convicted as a result of such participation.
(3) Age out protections.--For purposes of this subsection,
a determination of whether an alien is a child shall be made
using the age of the alien on the date an application for
refugee or asylum status in which the alien is a named
beneficiary is filed with the Secretary of Homeland Security.
(4) Exclusion from numerical limitations.--Aliens provided
refugee status under this subsection shall not be counted
against the numerical limitation on refugees established in
accordance with the procedures described in section 207 of the
Immigration and Nationality Act (8 U.S.C. 1157).
(5) Reporting requirements.--
(A) In general.--Not later than 90 days after the
date of the enactment of this Act and every 90 days
thereafter, the Secretary of State and the Secretary of
Homeland Security shall submit to the appropriate
congressional committees, the Committee on the
Judiciary of the House of Representatives, and the
Committee on the Judiciary of the Senate a report on
the matters described in subparagraph (B).
(B) Matters to be included.--Each report required
by subparagraph (A) shall include, with respect to
applications submitted under this section--
(i) the total number of refugee and asylum
applications that are pending at the end of the
reporting period;
(ii) the average wait-times for all
applicants for refugee status or asylum
pending--
(I) a prescreening interview with a
resettlement support center;
(II) an interview with United
States Citizenship and Immigration
Services; and
(III) the completion of security
checks;
(iii) the number of approvals, referrals
including the source of the referral, denials
of applications for refugee status or asylum,
disaggregated by the reason for each such
denial; and
(iv) the number of refugee circuit rides to
interview populations that would include Hong
Kong SAR completed in the last 90 days, and the
number planned for the subsequent 90-day
period.
(C) Form.--Each report required by subparagraph (A)
shall be submitted in unclassified form, but may
include a classified annex.
(D) Public reports.--The Secretary of State shall
make each report submitted under this paragraph
available to the public on the internet website of the
Department of State.
(j) Admission for Certain Highly Skilled Hong Kong Residents.--
(1) In general.--Subject to subsection (c), the Secretary
of Homeland Security, or, notwithstanding any other provision
of law, the Secretary of State in consultation with the
Secretary of Homeland Security, may provide an alien described
in subsection (b) with the status of a special immigrant under
section 101(a)(27) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(27)), if the alien--
(A) or an agent acting on behalf of the alien,
submits a petition for classification under section
203(b)(4) of such Act (8 U.S.C. 1153(b)(4));
(B) is otherwise eligible to receive an immigrant
visa;
(C) is otherwise admissible to the United States
for permanent residence (excluding the grounds for
inadmissibility specified in section 212(a)(4) of such
Act (8 U.S.C. (a)(4))); and
(D) clears a background check and appropriate
screening, as determined by the Secretary of Homeland
Security.
(2) Aliens described.--
(A) Principal aliens.--An alien is described in
this subsection if--
(i) the alien--
(I) is a Priority Hong Kong
Resident; and
(II) has earned a bachelor's or
higher degree from an institution of
higher education; and
(ii) the Secretary of Homeland Security
determines that such alien's relocation to the
United States would provide a significant
benefit to the United States.
(B) Spouses and children.--An alien is described in
this subsection if the alien is the spouse or child of
a principal alien described in paragraph (1).
(3) Numerical limitations.--
(A) In general.--The total number of principal
aliens who may be provided special immigrant status
under this section may not exceed 5,000 per year for
each of the five fiscal years beginning after the date
of the enactment of this Act. The Secretary of Homeland
Security may, in consultation with the Secretary of
State, prioritize the issuance of visas to individuals
with a bachelor's or higher degree in science,
technology, engineering, mathematics, medicine, or
health care.
(B) Exclusion from numerical limitations.--Aliens
provided immigrant status under this section shall not
be counted against any numerical limitation under
section 201, 202, 203, or 207 of the Immigration and
Nationality Act (8 U.S.C. 1151, 1152, 1153, and 1157).
(4) Eligibility for admission under other classification.--
No alien shall be denied the opportunity to apply for admission
under this section solely because such alien qualifies as an
immediate relative or is eligible for any other immigrant
classification.
(5) Timeline for processing applications.--
(A) In general.--The Secretary of State and the
Secretary of Homeland Security shall ensure that all
steps under the control of the United States Government
incidental to the approval of such applications,
including required screenings and background checks,
are completed not later than one year after the date on
which an eligible applicant submits an application
under subsection (a).
(B) Exception.--Notwithstanding paragraph (1), the
relevant Federal agencies may take additional time to
process applications described in paragraph (1) if
satisfaction of national security concerns requires
such additional time, provided that the Secretary of
Homeland Security, or the designee of the Secretary,
has determined that the applicant meets the
requirements for status as a special immigrant under
this section and has so notified the applicant.
(k) Termination.--Except as provided in section 30300(f) of this
Act, this section shall cease to have effect on the date that is five
years after the date of the enactment of this Act.
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 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;
(II) forced political
indoctrination, torture, beatings, food
deprivation, and denial of religious,
cultural, and linguistic freedoms;
(III) forced labor;
(IV) forced separation from family
members;
(V) other forms of systemic
threats, harassment, and gross human
rights violations; or
(VI) has been formally charged,
detained, or convicted on account of
their peaceful actions as described in
the Uyghur Human Rights Policy Act of
2020 (Public Law 116-145);
(ii) is currently a national of the PRC
whose residency in the XUAR, or any other area
within the jurisdiction of the PRC, was revoked
for having submitted to any United States
Government agency a nonfrivolous application
for refugee status, asylum, or any other
immigration benefit under United States law.
(C) Eligibility for admission under other
classification.--An alien may not be denied the
opportunity to apply for admission as a refugee or
asylum under this section solely because such alien
qualifies as an immediate relative of a national of the
United States or is eligible for admission to the
United States under any other immigrant classification.
(4) Priority.--The Secretary of State shall prioritize
bilateral diplomacy with third countries hosting former
residents of the XUAR and who face significant diplomatic
pressures from the PRC government.
(5) Reporting requirements.--
(A) In general.--Not later than 180 days after the
date of the enactment of this Act and every 90 days
thereafter, the Secretary of State and the Secretary of
Homeland Security shall submit to the appropriate
congressional committees, the Committee on the
Judiciary of the House of Representatives, and the
Committee on the Judiciary of the Senate a report on
the matters described in subparagraph (B).
(B) Matters to be included.--Each report required
by subparagraph (A) shall include, with respect to
applications submitted under this section--
(i) the total number of applications that
are pending at the end of the reporting period;
(ii) the average wait-times and number of
applicants who are currently pending--
(I) a pre-screening interview with
a resettlement support center;
(II) an interview with United
States Citizenship and Immigration
Services;
(III) the completion of security
checks;
(IV) receipt of a final decision
after completion of an interview with
United States Citizenship and
Immigration Services; and
(iii) the number of denials of applications
for refugee status, disaggregated by the reason
for each such denial.
(C) Form.--Each report required by paragraph (1)
shall be submitted in unclassified form, but may
include a classified annex.
(D) Public reports.--The Secretary of State shall
make each report submitted under this subsection
available to the public on the internet website of the
Department of State.
(6) Exemption from numerical limitations.--The numerical
limitations established in accordance with section 207 of the
Immigration and Nationality Act (8 U.S.C. 1157) in any fiscal
year shall not apply to aliens seeking refugee status pursuant
to such section who are nationals of the PRC and residents of
the XUAR.
(d) Statement of Policy on Encouraging Allies and Partners to Make
Similar Accommodations.--It is the policy of the United States to
encourage United States allies and partners to make accommodations
similar to the accommodations made in this section for residents of the
XUAR who are fleeing oppression by the PRC Government.
(e) Termination.--This section shall terminate on the date that is
ten years after the date of the enactment of this Act.
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) remove Israel as a permanent agenda item and to bring
an end to the ``Commission of Inquiry'' to investigate the
State of Israel;
(3) reform the rules on electing members to the United
Nations Human Rights Council to ensure United Nations Member
States that have committed gross and systemic violations of
human rights are not elected to the Human Rights Council; and
(4) oppose the election to the United Nations Human Rights
Council of any United Nations Member State--
(A) currently designated as a country engaged in a
consistent pattern of gross violations of
internationally recognized human rights pursuant to
section 116 or section 502B of the Foreign Assistance
Act of 1961 (22 U.S.C. 2151n or 2304);
(B) the government of which the Secretary of State
currently determines has repeatedly provided support
for international terrorism pursuant to--
(i) section 1754(c) of the National Defense
Authorization Act for Fiscal Year 2019;
(ii) section 620A of the Foreign Assistance
Act of 1961 (22 U.S.C. 2371);
(iii) section 40 of the Arms Export Control
Act (22 U.S.C. 2779A); or
(iv) any other provision of law;
(C) currently designated as a Tier 3 country under
the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7101 et seq.);
(D) the government of which is identified on the
list published by the Secretary of State pursuant to
section 404(b) of the Child Soldiers Prevention Act of
2008 (22 U.S.C. 2370c-1(b)) as a government that
recruits and uses child soldiers; or
(E) the government of which the United States
determines to have committed genocide or crimes against
humanity.
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.--
(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
(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) 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.
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 mass arbitrary detentions of
Uyghurs in the Xinjiang Uyghur Autonomous Region.
(4) The Olympic Charter states that the practice of sport
``is a human right'' that ``shall be secured without
discrimination of any kind, such as race, colour, sex, sexual
orientation, language, religion, political or other opinion,
national or social origin, property, birth or other status'', a
right that by definition cannot be secured in a country in
which over 1,000,000 people are imprisoned in camps because of
their race, language, and religion.
(5) The 2008 Olympics in Beijing were accompanied by
widespread tracking, arrest, and intimidation of foreign
journalists and bloggers, as well as restrictions on movement
of journalists, contrary to explicit commitments made by the
Government of the People's Republic of China (PRC) to the
International Olympic Committee.
(6) The Government of the PRC denied visas for some
journalists granted press accreditation for the 2008 Olympic
Games, and the Beijing Organising Committee of the Olympic
Games repeatedly refused to address incidents involving freedom
of expression.
(7) The International Olympic Committee faced broad
criticism for failing to adequately anticipate infringements by
the Government of the PRC's on freedom of expression and press
for international media and 2008 Olympics participants, and
failing to hold the Government of the PRC to their own
commitments to safeguard human rights during the 2008 games.
(b) Sense of Congress.--It is the sense of Congress that the
International Olympic Committee should--
(1) consider that the Olympic Charter's principles of
solidarity and nondiscrimination are hard to reconcile with
holding the 2022 Winter Games in a country the government of
which stands credibly accused of perpetrating crimes against
humanity and genocide against ethnic and religious minorities;
(2) take into account the recent precedent of the 2008
games, at which Olympic athletes, spectators, and international
media had their fundamental freedoms severely challenged, and
the likely limitations the Government of the PRC will seek to
enforce on participants speaking out about ongoing persecution
of the Uyghurs and other human rights abuses in the PRC,
despite repeated commitments by the Government of the PRC;
(3) emphasize that the International Olympic Committee is
not opposed to moving an Olympic competition in all
circumstances, and should immediately rebid the 2022 Winter
Olympic Games to be hosted by a country that recognizes and
respects human rights;
(4) develop a framework for reprimanding or disqualifying
host cities and the countries in which they are located if the
governments of such countries are actively committing mass
atrocities--
(A) during the Olympic and Paralympic bidding
process; or
(B) between a city's election as a host city and
the duration of the Olympic and Paralympic Games that
its government is hosting;
(5) affirm the International Olympic Committee's--
(A) desire to stay above politics does not permit
turning a blind eye to mass atrocity crimes, which
cannot and should not be dismissed as mere political
concerns; and
(B) commitment to the fundamental rights
instruments of the international system, which are
beyond partisan or domestic policy, and upon which the
success of the entire Olympic project depends;
(6) not hold future Olympic games in countries that are
committing genocide;
(7) propose a set of clear, executable actions to be taken
by the International Olympic Committee upon infringement of
freedom of expression by a host country's government during any
Olympics event, including the 2022 Winter Olympics, against
athletes, participants, and international media; and
(8) rescind Rule 50 of the Olympic Charter, which restricts
the freedom of expression by athletes when competing during
Olympics events, and affirm the rights of athletes to political
and other speech during athletic competitions, including speech
that is critical of their host countries.
(c) Statement of Policy.--It shall be the policy of the United
States--
(1) to implement a presidential and cabinet level
diplomatic boycott of the XXIV Olympic Winter Games and the
XIII Paralympic Winter Games in the PRC;
(2) to encourage other nations, especially democratic
partners and allies, to do the same; and
(3) to call for an end to the Chinese Communist Party's
ongoing human rights abuses, including the Uyghur genocide.
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, 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.
(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.
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''.
SEC. 30327. DETERMINATION WITH RESPECT TO THE IMPOSITION OF SANCTIONS
ON ENTITIES INVOLVED IN USING UYGHUR FORCED LABOR.
(a) Findings.--Congress finds the following:
(1) U.S. Customs and Border Protection seized a shipment of
40.31 megawatts of modules manufactured by LONGi Green Energy
Technology Co. in October 2021 out of the concerns that LONGi
used forced Uyghur labor in Xinjiang.
(2) The Department of Commerce added five Chinese entities
to the entity list for participating in using forced Uyghur
labor in Xinjiang in June 2021, these entities include: Hoshine
Silicon Industry (Shanshan) Co., Ltd, Xinjiang Daqo New Energy
Co., Ltd, Xinjiang East Hope Nonferrous Metals Co., Ltd, and
Xinjiang GCL New Energy, Xinjiang Production and Construction
Corps (XPCC).
(3) The Uyghur Human Rights Policy Act of 2021 (Public Law
116-145), as amended by Public Law 117-78, requires the
President to impose asset blocking sanctions on foreign persons
responsible for serious human rights abuses in connection with
forced labor in Xinjiang, China.
(b) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Treasury, in consultation
with the Secretary of State, shall report to the appropriate
congressional committees a determination, including a detailed
justification, regarding whether LONGi Green Energy Technology Co.,
Hoshine Silicon Industry (Shanshan) Co., Ltd, Xinjiang Daqo New Energy
Co., Ltd, Xinjiang East Hope Nonferrous Metals Co., Ltd, and Xinjiang
GCL New Energy, each meets the criteria for designation under section 6
of the Uyghur Human Rights Policy Act (Public Law 116-145), as amended
by section 5 of the Uyghur Forced Labor Prevention Act (Public Law 117-
78).
(c) Public Availability of Information.--The report required under
this section shall be made available on a publicly available website of
the Federal Government.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Banking, Housing, and Urban Affairs,
the Committee on Finance, the Committee on Foreign Relations,
and the Committee on Armed Services of the Senate; and
(2) the Committee on Financial Services, the Committee on
Ways and Means, the Committee on Foreign Affairs, and the
Committee on Armed Services of the House of Representatives.
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;
(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 such term in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 3003(4)).
(5) Public corruption.--The term ``public corruption''
includes the unlawful exercise of entrusted public power for
private gain, such as through bribery, nepotism, fraud,
extortion, or embezzlement.
(6) Rule of law.--The term ``rule of law'' means the
principle of governance in which all persons, institutions, and
entities, whether public or private, including the state, are
accountable to laws that are--
(A) publicly promulgated;
(B) equally enforced;
(C) independently adjudicated; and
(D) consistent with international human rights
norms and standards.
(c) Statement of Policy.--It is the policy of the United States--
(1) to leverage United States diplomatic engagement and
foreign assistance to promote the rule of law;
(2)(A) to promote international instruments to combat
corruption, kleptocracy, and illicit finance, including
instruments referred to in subsection (a)(9), and other
relevant international standards and best practices, as such
standards and practices develop; and
(B) to promote the adoption and implementation of such
laws, standards, and practices by foreign states;
(3) to support foreign states in promoting good governance
and combating public corruption;
(4) to encourage and assist foreign partner countries to
identify and close loopholes in their legal and financial
architecture, including the misuse of anonymous shell companies
and other legal structures, that are enabling illicit finance
to penetrate their financial systems;
(5) to help foreign partner countries to investigate,
prosecute, adjudicate, and more generally combat the use of
corruption by malign actors, including authoritarian
governments, particularly the Government of the Russian
Federation and the Government of the People's Republic of
China, as a tool of malign influence worldwide;
(6) to assist in the recovery of kleptocracy-related stolen
assets for victims, including through the use of appropriate
bilateral arrangements and international agreements, such as
the United Nations Convention against Corruption, done at New
York October 31, 2003, and the United Nations Convention
against Transnational Organized Crime, done at New York
November 15, 2000;
(7) to use sanctions authorities, such as the Global
Magnitsky Human Rights Accountability Act (subtitle F of title
XII of the National Defense Authorization Act for Fiscal Year
2017 (Public Law 114-328; 22 U.S.C. 2656 note)) and section
7031(c) of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2020 (division G of Public
Law 116-94), to identify and take action against corrupt
foreign actors;
(8) to ensure coordination between relevant Federal
departments and agencies with jurisdiction over the advancement
of good governance in foreign states; and
(9) to lead the creation of a formal grouping of like-
minded states--
(A) to coordinate efforts to counter corruption,
kleptocracy, and illicit finance; and
(B) to strengthen collective financial defense.
(d) Anti-Corruption Action Fund.--
(1) Establishment.--There is established in the United
States Treasury a fund, to be known as the ``Anti-Corruption
Action Fund'', only for the purposes of--
(A) strengthening the capacity of foreign states to
prevent and fight public corruption;
(B) assisting foreign states to develop rule of
law-based governance structures, including accountable
civilian police, prosecutorial, and judicial
institutions;
(C) supporting foreign states to strengthen
domestic legal and regulatory frameworks to combat
public corruption, including the adoption of best
practices under international law; and
(D) supplementing existing foreign assistance and
diplomacy with respect to efforts described in
subparagraphs (A), (B), and (C).
(2) Funding.--
(A) Transfers.--Beginning on or after the date of
the enactment of this Act, if total criminal fines and
penalties in excess of $50,000,000 are imposed against
a person under the Foreign Corrupt Practices Act of
1977 (Public Law 95-213) or section 13, 30A, or 32 of
the Securities Exchange Act of 1934 (15 U.S.C. 78m,
78dd-1, and 78ff), whether pursuant to a criminal
prosecution, enforcement proceeding, deferred
prosecution agreement, nonprosecution agreement, a
declination to prosecute or enforce, or any other
resolution, the court (in the case of a conviction) or
the Attorney General shall impose an additional
prevention payment equal to $5,000,000 against such
person, which shall be deposited in the Anti-Corruption
Action Fund established under paragraph (1). Amounts
deposited into such Fund under this subparagraph shall
be credited as discretionary offsetting collections.
(B) Availability of funds.--Amounts deposited into
the Anti-Corruption Action Fund pursuant to
subparagraph (A) shall be available to the Secretary of
State only to the extent and in such amounts as
provided in advance in appropriations Acts for the
purposes described in paragraph (1).
(C) Limitation.--None of the amounts made available
to the Secretary of State from the Anti-Corruption
Action Fund may be used inside the United States,
except for administrative costs related to overseas
program implementation pursuant to paragraph (1).
(3) Support.--The Anti-Corruption Action Fund--
(A) may support governmental and nongovernmental
parties in advancing the purposes described in
paragraph (1); and
(B) shall be allocated in a manner complementary to
existing United States foreign assistance, diplomacy,
and anti-corruption activities.
(4) Allocation and prioritization.--In programming foreign
assistance made available through the Anti-Corruption Action
Fund, the Secretary of State, in coordination with the Attorney
General, shall prioritize projects that--
(A) assist countries that are undergoing historic
opportunities for democratic transition, combating
corruption, and the establishment of the rule of law;
and
(B) are important to United States national
interests.
(5) Technical assistance providers.--For any technical
assistance to a foreign governmental party under this section,
the Secretary of State, in coordination with the Attorney
General, shall prioritize United States Government technical
assistance providers as implementers, in particular the Office
of Overseas Prosecutorial Development, Assistance and Training
and the International Criminal Investigative Training
Assistance Program at the Department of Justice.
(6) Public diplomacy.--The Secretary of State shall
announce that funds deposited in the Anti-Corruption Action
Fund are derived from actions brought under the Foreign Corrupt
Practices Act to demonstrate that the use of such funds are--
(A) contributing to international anti-corruption
work; and
(B) reducing the pressure that United States
businesses face to pay bribes overseas, thereby
contributing to greater competitiveness of United
States companies.
(7) Reporting.--Not later than 1 year after the date of the
enactment of this Act and not less frequently than annually
thereafter, the Secretary of State shall submit a report to the
appropriate congressional committees that contains--
(A) the balance of the funding remaining in the
Anti-Corruption Action Fund;
(B) the amount of funds that have been deposited
into the Anti-Corruption Action Fund; and
(C) a summary of the obligation and expenditure of
such funds.
(8) Notification requirements.--None of the amounts made
available to the Secretary of State from the Anti-Corruption
Action Fund pursuant to this section shall be available for
obligation, or for transfer to other departments, agencies, or
entities, unless the Secretary of State notifies the Committee
on Foreign Relations of the Senate, the Committee on
Appropriations of the Senate, the Committee on Foreign Affairs
of the House of Representatives, and the Committee on
Appropriations of the House of Representatives, not later than
15 days in advance of such obligation or transfer.
(e) Interagency Anti-corruption Task Force.--
(1) In general.--The Secretary of State, in cooperation
with the Interagency Anti-Corruption Task Force established
pursuant to paragraph (2), shall manage a whole-of-government
effort to improve coordination among Federal departments and
agencies and donor organizations with a role in--
(A) promoting good governance in foreign states;
and
(B) enhancing the ability of foreign states to
combat public corruption.
(2) Interagency anti-corruption task force.--Not later than
180 days after the date of the enactment of this Act, the
Secretary of State shall establish and convene the Interagency
Anti-Corruption Task Force (referred to in this section as the
``Task Force''), which shall be composed of representatives
appointed by the President from appropriate departments and
agencies, including the Department of State, the United States
Agency for International Development, the Department of
Justice, the Department of the Treasury, the Department of
Homeland Security, the Department of Defense, the Department of
Commerce, the Millennium Challenge Corporation, and the
intelligence community.
(3) Additional meetings.--The Task Force shall meet not
less frequently than twice per year.
(4) Duties.--The Task Force shall--
(A) evaluate, on a general basis, the effectiveness
of existing foreign assistance programs, including
programs funded by the Anti-Corruption Action Fund,
that have an impact on--
(i) promoting good governance in foreign
states; and
(ii) enhancing the ability of foreign
states to combat public corruption;
(B) assist the Secretary of State in managing the
whole-of-government effort described in paragraph (1);
(C) identify general areas in which such whole-of-
government effort could be enhanced; and
(D) recommend specific programs for foreign states
that may be used to enhance such whole-of-government
effort.
(5) Briefing requirement.--Not later than 1 year after the
date of the enactment of this Act and not less frequently than
annually thereafter through the end of fiscal year 2026, the
Secretary of State shall provide a briefing to the appropriate
congressional committees regarding the ongoing work of the Task
Force. Each briefing shall include the participation of a
representative of each of the departments and agencies
described in paragraph (2), to the extent feasible.
(f) Designation of Embassy Anti-Corruption Points of Contact.--
(1) Embassy anti-corruption point of contact.--The chief of
mission of each United States embassy shall designate an anti-
corruption point of contact for each such embassy.
(2) Duties.--The designated anti-corruption points of
contact designated pursuant to paragraph (1) shall--
(A) coordinate, in accordance with guidance from
the Interagency Anti-Corruption Task Force established
pursuant to subsection (e)(2), an interagency approach
within United States embassies to combat public
corruption in the foreign states in which such
embassies are located that is tailored to the needs of
such foreign states, including all relevant Federal
departments and agencies with a presence in such
foreign states, such as the Department of State, the
United States Agency for International Development, the
Department of Justice, the Department of the Treasury,
the Department of Homeland Security, the Department of
Defense, the Millennium Challenge Corporation, and the
intelligence community;
(B) make recommendations regarding the use of the
Anti-Corruption Action Fund and other foreign
assistance funding related to anti-corruption efforts
in their respective countries of responsibility that
aligns with United States diplomatic engagement; and
(C) ensure that anti-corruption activities carried
out within their respective countries of responsibility
are included in regular reporting to the Secretary of
State and the Interagency Anti-Corruption Task Force,
including United States embassy strategic planning
documents and foreign assistance-related reporting, as
appropriate.
(3) Training.--The Secretary of State shall develop and
implement appropriate training for the designated anti-
corruption points of contact.
(g) Reporting Requirements.--
(1) Report or briefing on progress toward implementation.--
Not later than 180 days after the date of the enactment of this
Act, and annually thereafter for the following 3 years, the
Secretary of State, in consultation with the Administrator of
the United States Agency for International Development, the
Attorney General, and the Secretary of the Treasury, shall
submit a report or provide a briefing to the appropriate
congressional committees that summarizes progress made in
combating public corruption and in implementing this Act,
including--
(A) identifying opportunities and priorities for
outreach with respect to promoting the adoption and
implementation of relevant international law and
standards in combating public corruption, kleptocracy,
and illicit finance;
(B) describing--
(i) the bureaucratic structure of the
offices within the Department of State and the
United States Agency for International
Development that are engaged in activities to
combat public corruption, kleptocracy, and
illicit finance; and
(ii) how such offices coordinate their
efforts with each other and with other relevant
Federal departments and agencies;
(C) providing a description of how the provisions
under paragraphs (4) and (5) of subsection (d) have
been applied to each project funded by the Anti-
Corruption Action Fund;
(D) providing an explanation as to why a United
States Government technical assistance provider was not
used if technical assistance to a foreign governmental
entity is not implemented by a United States Government
technical assistance provider;
(E) describing the activities of the Interagency
Anti-Corruption Task Force established pursuant to
subsection (e)(2);
(F) identifying--
(i) the designated anti-corruption points
of contact for foreign states; and
(ii) any training provided to such points
of contact; and
(G) recommending additional measures that would
enhance the ability of the United States Government to
combat public corruption, kleptocracy, and illicit
finance overseas.
(2) Online platform.--The Secretary of State, in
conjunction with the Administrator of the United States Agency
for International Development, should consolidate existing
reports with anti-corruption components into a single online,
public platform that includes--
(A) the Annual Country Reports on Human Rights
Practices required under section 116 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151n);
(B) the Fiscal Transparency Report required under
section 7031(b) of the Department of State, Foreign
Operations and Related Programs Appropriations Act,
2019 (division F of Public Law 116-6);
(C) the Investment Climate Statement reports;
(D) the International Narcotics Control Strategy
Report;
(E) any other relevant public reports; and
(F) links to third-party indicators and compliance
mechanisms used by the United States Government to
inform policy and programming, as appropriate, such
as--
(i) the International Finance Corporation's
Doing Business surveys;
(ii) the International Budget Partnership's
Open Budget Index; and
(iii) multilateral peer review anti-
corruption compliance mechanisms, such as--
(I) the Organisation for Economic
Co-operation and Development's Working
Group on Bribery in International
Business Transactions;
(II) the Follow-Up Mechanism for
the Inter-American Convention Against
Corruption; and
(III) the United Nations Convention
Against Corruption, done at New York
October 31, 2003.
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.
SEC. 30405. REPORT ON THE PEOPLE'S REPUBLIC OF CHINA'S INVESTMENTS IN
FOREIGN MINING AND PROCESSING INDUSTRIES.
(a) In General.--No later than 180 days after the date of the
enactment of this Act and annually thereafter for five years, the
Secretary of State, in consultation with the Secretary of Commerce and
Secretary of Homeland Security, shall submit to the Committee on
Foreign Affairs, the Committee on Energy and Commerce, and the
Committee on Homeland Security of the House of Representatives and the
Commitee on Foreign Relations, the Committee on Finance, and the
Committee on Homeland Security and Governmental Affairs a report that--
(1) describes the involvement of the Government of the
People's Republic of China (PRC), state sponsored companies,
and companies incorporated in the PRC in the exploration,
planning, development, operation, production, financing, or
ownership of mining or processing facilities in countries
identified in the United States Geological Survey's (USGS)
Annual Mineral Commodity Summaries for which the United States
imports minerals, metals, and materials; and
(2) evaluates strategic or security concerns and
implications for United States national security and economic
interests and the interests of the countries identified
pursuant to paragraph (1) with respect to the PRC's involvement
and influence in developing the country's mining and processing
industries.
(b) Publication.--The report required under subsection (a) shall be
published on the respective websites of the Department of State, the
Department of Commerce, and the Department of Homeland Security.
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
(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).
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.
(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).
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 Africa by 2050 if
insufficient action is taken (according to the World
Bank);
(B) the displacement of an average of 17,800,000
people worldwide by floods every year (according to the
Internal Displacement Monitoring Centre) because of the
exacerbating effects of climate change;
(C) more than $500,000,000,000 in lost annual
economic output in the United States (a 10 percent
contraction from 2018 levels) by 2100 (according to the
Fourth National Climate Assessment);
(D) an additional 100,000,000 people worldwide to
be driven into poverty by 2030 (according to the World
Bank);
(E) greater food insecurity and decreased
agricultural production due to climate change's effects
on the increased frequency and intensity of extreme
weather events;
(F) the proliferation of agricultural pests and
crop diseases, loss of biodiversity, degrading
ecosystems, and water scarcity; and
(G) more than 350,000,000 additional people
worldwide to be exposed to deadly heat stress by 2050.
(3) According to the International Energy Agency, the
United States, China, India, and the European Union (including
the United Kingdom) account for more than 58 percent of global
greenhouse gas emissions. China, which is the world's top
greenhouse gases emitter and has an outsized impact on the
United States' core interest in climate stability--
(A) is likely to achieve its carbon emissions
mitigation pledge to the Paris Agreement, contained in
its 2015 nationally determined contribution, to
``peak'' emissions around 2030 ahead of schedule;
(B) announced, on September 22, 2020, and restated
on April 22, 2021, a pledge to achieve carbon
neutrality by 2060;
(C) announced on April 22, 2021, its intent to
strictly control coal fired power generation projects,
as well as strictly limit the increase in coal
consumption over the 14th five year plan period and
phase it down in the 15th five year plan period; and
(D) however, remains uncommitted to internationally
recognized metrics for achieving these goals.
(b) Sense of Congress.--It is the sense of Congress that--
(1) to address the climate crisis, the United States must
leverage the full weight of its diplomatic engagement and
foreign assistance to promote our national security and
economic interests related to climate change;
(2) in the absence of United States leadership on global
issues driving international climate-related policymaking, it
would lead to a substantial and harmful decline in the Nation's
global competitiveness;
(3) promoting international instruments on climate action
and other relevant international standards and best practices,
as such standards and practices develop, serve the interests of
the American people and protect United States environmental
resources and the planet;
(4) promoting the adoption and implementation of
international climate-related agreements, standards, and
practices by foreign states ensures a level playing field for
United States businesses and other stakeholders;
(5) working with international allies and partners to
promote environmental justice and climate justice serves the
American people's interests;
(6) finding common ground with the People's Republic of
China (PRC) on climate action where possible is important, but
the United States must also continue to hold the PRC
accountable where its actions undermine the interests of the
United States and its allies and partners;
(7) and in furtherance of the previous clauses, the United
States should--
(A) explore opportunities for constructive
cooperation on climate action initiatives with the PRC
and other countries while ensuring the United States
maintains its competitive advantage in climate-related
fields of expertise and industry, including--
(i) support for international cooperative
policies, measures, and technologies to
decarbonize industry and power, including
through circular economy, energy storage and
grid reliability, carbon capture, and green
hydrogen; and
(ii) increased deployment of clean energy,
including renewable and advanced nuclear power;
green and climate resilient agriculture; energy
efficient buildings; green, and low-carbon
transportation;
(B) cooperate on addressing emissions of methane
and other non-CO<INF>2</INF> greenhouse gases;
(C) cooperate on addressing emissions from
international civil aviation and maritime activities;
(D) reduce emissions from coal, oil, and gas;
(E) implement the Paris Agreement that
significantly advances global climate ambition on
mitigation, adaptation, and support;
(F) coordinate among relevant Federal, State, and
local departments and agencies on climate action
related initiatives;
(G) provide resources, authorities and support for
enhancing United States ambition and commitment to
solving the climate crisis including climate action
specific assistance and multilateral fund
contributions; and
(H) integrate considerations for climate change
into broader United States foreign policy decision-
making and the United States national security
apparatus.
(c) Purpose.--The purpose of this section is to provide
authorities, resources, policies, and recommended administrative
actions--
(1) to restore United States global leadership on
addressing the climate crisis and make United States climate
action and climate diplomacy a more central tenet of United
States foreign policy;
(2) to improve the United States commitment to taking more
ambitious action to help mitigate global greenhouse gas
emission and improve developing countries' resilience and
adaptation capacities to the effects of climate change;
(3) to ensure the United States maintains competitive
advantage over global strategic competitors in diplomacy and
new technological development;
(4) to encourage the pursuit of new bilateral cooperation
agreements with other world powers on initiatives to advance
global clean energy innovation and other measures to mitigate
global greenhouse gas emissions and improve climate change
adaptation capacities;
(5) to ensure that the United States national security
apparatus integrates critically important data on the
compounding effects that climate change is having on global
security risks by enhancing our understanding of how, where,
and when such effects are destabilizing countries and regions
in ways that may motivate conflict, displacement, and other
drivers of insecurity; and
(6) to authorize funding and programs to support a
reaffirmation of the United States' commitments to
international cooperation and support for developing and
vulnerable countries to take climate action.
(d) Definitions.--In this title:
(1) Clean energy.--The term ``clean energy'' means--
(A) renewable energy and related systems;
(B) energy production processes that emit zero
greenhouse gas emissions, including nuclear power; and
(C) systems and processes that capture and
permanently store greenhouse gas emissions from fossil
fuel production and electricity generation units.
(2) Climate action.--The term ``climate action'' means
enhanced efforts to reduce greenhouse gas emissions and
strengthen resilience and adaptive capacity to climate-induced
impacts, including--
(A) climate-related hazards in all countries;
(B) integrating climate change measures into
national policies, strategies and planning; and
(C) improving education, awareness-raising, and
human and institutional capacity with respect to
climate change mitigation, adaptation, impact
reduction, and early warning.
(3) Climate crisis.--The term ``climate crisis'' means the
social, economic, health, safety, and security impacts on
people, and the threats to biodiversity and natural ecosystem
health, which are attributable to the wide-variety of effects
on global environmental and atmospheric conditions as a result
of disruptions to the Earth's climate from anthropogenic
activities that generate greenhouse gas emissions or reduce
natural resource capacities to absorb and regulate atmospheric
carbon.
(4) Climate diplomacy.--The term ``climate diplomacy''
means methods of influencing the decisions and behavior of
foreign governments and peoples through dialogue, negotiation,
cooperation, and other peaceful measures on or about issues
related to addressing global climate change, including--
(A) the mitigation of global greenhouse gas
emissions;
(B) discussion, analysis, and sharing of scientific
data and information on the cause and effects of
climate change;
(C) the security, social, economic, and political
instability risks associated with the effects of
climate change;
(D) economic cooperation efforts that are related
to or associated with climate change and greenhouse gas
mitigation from the global economy;
(E) building resilience capacities and adapting to
the effects of change;
(F) sustainable land use and natural resource
conservation;
(G) accounting for loss and damage attributed to
the effects of climate change;
(H) just transition of carbon intense economies to
low or zero carbon economies and accounting for
laborers within affected economies;
(I) technological innovations that reduce or
eliminate carbon emissions; and
(J) clean energy and energy systems.
(5) Climate financing.--The term ``climate financing''
means the transfer of new and additional public funds from
developed countries to developing countries for projects and
programs that--
(A) reduce or eliminate greenhouse gas emissions;
(B) enhance and restore natural carbon
sequestration; and
(C) promote adaptation to climate change.
(6) Climate security.--The term ``climate security'' means
the effects of climate change on--
(A) United States national security concerns and
subnational, national, and regional political
stability; and
(B) overseas security and conflict situations that
are potentially exacerbated by dynamic environmental
factors and events, including--
(i) the intensification and frequency of
droughts, floods, wildfires, tropical storms,
and other extreme weather events;
(ii) changes in historical severe weather,
drought, and wildfire patterns;
(iii) the expansion of geographical ranges
of droughts, floods, and wildfires into regions
that had not regularly experienced such
phenomena;
(iv) global sea level rise patterns and the
expansion of geographical ranges affected by
drought; and
(v) changes in marine environments that
effect critical geostrategic waterways, such as
the Arctic Ocean, the South China Sea, the
South Pacific Ocean, the Barents Sea, and the
Beaufort Sea.
(7) Green climate fund.--The term ``Green Climate Fund''
means the independent, multilateral fund--
(A) established by parties to the United Nations
Framework Convention on Climate Change; and
(B) adopted by decision as part of the financial
mechanism of the United Nations Framework Convention on
Climate Change.
(8) Paris agreement.--The term ``Paris Agreement'' means
the annex to Decision 1/CP.21 adopted by the 21st Conference of
Parties of the United Nations Framework Convention on Climate
Change in Paris, France, on December 12, 2015.
(9) Resilience.--The term ``resilience'' means the ability
of human made and natural systems (including their component
parts) to anticipate, absorb, cope, accommodate, or recover
from the effects of a hazardous event in a timely and efficient
manner, including through ensuring the preservation,
restoration, or improvement of its essential basic structures
and functions. It is not preparedness or response.
(e) Annual Briefing.--Not later than 90 days after the date of
enactment of this Act, and annually thereafter, the Department of
State, in consultation with the heads of other relevant Federal
departments and agencies, shall provide a briefing to relevant
Committees of the House of Representatives and the Senate regarding the
progress and efforts of the PRC to achieve the goals and commitments
stated in subsection (a)(3).
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;
(C) to avoid and prohibit efforts to undermine or
devolve the Paris Agreement's rule or underlying
framework, particularly within areas of accountability
transparency, and shared responsibility among all
parties;
(D) to eliminate greenhouse gas intensive projects
from the PRC's Belt and Road Initiative and other
overseas investments, including--
(i) working with United States allies and
partners to eliminate support for coal power
production projects in the Belt and Road
Initiative;
(ii) providing financing and project
support for cleaner and less risky
alternatives; and
(iii) undertaking ``parallel initiatives''
to enhance capacity building programs and
overseas sustainable investment criteria,
including in areas such as integrated energy
planning, power sector reform, just transition,
distributed generation, procurement,
transparency, and standards to support low-
emissions growth in developing countries; and
(E) to phase out existing coal power plants and
reduce net coal power production;
(7) the United States should pursue confidence-building
opportunities for the United States and the PRC to undertake
``parallel initiatives'' on clean energy research, development,
finance, and deployment, including through economic and
stimulus measures with clear, mutually agreed upon rules and
policies to protect intellectual property, ensure equitable,
nonpunitive provision of support, and verify implementation,
which would provide catalytic progress towards delivering a
global clean energy transformation that benefits all people;
(8) the United States should pursue cooperative initiatives
to reduce global deforestation, including efforts to shift
toward the import and consummation of forest and agricultural
commodities that are produced in a manner that does not
contribute to deforestation;
(9) the United States should pursue appropriate scientific
cooperative exchanges and research that align with United
States interests and those of its international partners and
allies, provide reciprocity of access, protect intellectual
property rights, and preserve the values and human rights
interests of the American people;
(10) the U.S. Special Presidential Envoy for Climate should
seek to work with other countries to require China end its
classification of ``developing nation'' within the Paris
Agreement; and
(11) the United States should seek to require the Chinese
Communist Party to match emission cutting targets established
by the United States.
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 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;
``(P) prioritize foreign aid, to the extent practicable,
for international climate resilience in support of this Global
Climate Change Resilience Strategy; and
``(Q) include environmental defenders to mitigate the
impacts of climate change and work with allies and partners to
ensure a level playing field exists when it comes to climate
action.
``(3) Not later than 270 days after the date of the enactment of
this subsection, and annually thereafter, the President shall submit a
report to the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives, based in
part on the information collected pursuant to this section, that
details the Global Climate Change Resilience Strategy. The report shall
be submitted in unclassified form, but may include a classified annex,
if necessary.
``(4) Not later than 180 days after the date of the enactment of
this subsection, the Secretary of State and the Coordinator of Global
Climate Change Resilience shall brief the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs of the
House of Representatives regarding the progress made by the Federal
Government in implementing the Global Climate Change Resilience
Strategy.
``(5)(A) Not later than 270 days after the date of the enactment of
this subsection, and annually thereafter, the Comptroller General of
the United States, in cooperation and consultation with the Secretary
of State, shall produce a report evaluating the progress that the
Federal Government has made toward incorporating climate change into
department and agency policies, including the resources that have been
allocated for such purpose.
``(B) The report required under subparagraph (A) shall assess--
``(i) the degree to which the Department of State and the
United States Agency for International Development (USAID)
are--
``(I) developing climate change risk assessments;
and
``(II) providing guidance to missions on how to
include climate change risks in their integrated
country strategies;
``(ii) whether the Department of State and USAID have
sufficient resources to fulfill the requirements described in
paragraph (2); and
``(iii) any areas in which the Department of State and
USAID may lack sufficient resources to fulfill such
requirements.''.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this Global
Climate Change Resilience Strategy.
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 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.
(a) In General.--The President shall direct the United States
representatives to appropriate international bodies and conferences to
use the voice, vote, and influence of the United States, consistent
with the broad foreign policy goals of the United States, to advocate
that each such body or conference--
(1) commit to significantly increasing efforts to reduce
short-lived climate pollutants;
(2) invest in and develop alternative energy sources,
industrial and agricultural processes, appliances, and products
to replace sources of short-lived climate pollutants;
(3) enhance coordination with the private sector--
(A) to increase production and distribution of
clean energy alternatives, industrial processes, and
products that will replace sources of short-lived
climate pollutants;
(B) to develop action plans to mitigate short-lived
climate pollutants from various private sector
operations;
(C) to encourage best technology, methods, and
management practices for reducing short-lived climate
pollutants;
(D) to craft or enhance specific financing
mechanisms for the incremental costs associated with
mitigating short-lived climate pollutants; and
(E) to grow economic opportunities and develop
markets, as appropriate, for reducing short-lived
climate pollutants;
(4) provide technical assistance to foreign regulatory
authorities and governments to remove unnecessary barriers to
investment in short-lived climate pollutant mitigation
solutions, including--
(A) the use of safe and affordable clean energy;
(B) the implementation of policies requiring
industrial and agricultural best practices for
capturing or mitigating the release of methane from
extractive, agricultural, and industrial processes; and
(C) climate assessment, scientific research,
monitoring, and technological development activities;
(5) develop and implement clear, accountable, and metric-
based targets to measure the effectiveness of projects
described in paragraph (4); and
(6) engage international partners in an existing
multilateral forum (or, if necessary, establish through an
international agreement a new multilateral forum) to improve
global cooperation for--
(A) creating tangible metrics for evaluating
efforts to reduce short-lived climate pollutants;
(B) developing and implementing best practices for
significantly reducing emissions of short-lived climate
pollutants, including expanding capacity for innovative
instruments to effectively mitigate short-lived climate
pollutants at the national and subnational levels of
foreign countries, particularly countries with little
capacity to reduce greenhouse gas emissions and deploy
clean energy facilities, and countries that lack
sufficient policies to advance such development;
(C) encouraging the development of standards and
practices, and increasing transparency and
accountability efforts for the reduction of short-lived
climate pollutants;
(D) integrating tracking and monitoring systems
into industrial processes;
(E) fostering research to improve scientific
understanding of--
(i) how high concentrations of short-lived
climate pollutants affect human health, safety,
and our environment;
(ii) changes in the amount and regional
concentrations of black carbon and methane
emissions, based on scientific modeling and
forecasting;
(iii) effective means to sequester short-
lived climate pollutants; and
(iv) other related areas of research the
United States representatives deem necessary;
(F) encouraging the World Bank, the International
Monetary Fund, and other international finance
organizations--
(i) to prioritize efforts to combat short-
lived climate pollutants; and
(ii) to enhance or maintain transparency by
providing sufficient and adequate information
to facilitate independent verification of their
climate finance reporting;
(G) encouraging observers of the Arctic Council
(including India and China) to adopt mitigation plans
consistent with the findings and recommendations of the
Arctic Council's Framework for Action on Black Carbon
and Methane;
(H) collaborating on technological advances in
short-lived climate pollutants mitigation,
sequestration and reduction technologies; and
(I) advising foreign countries, at both the
national and subnational levels, regarding the
development and execution of regulatory policies,
services, and laws pertaining to reducing the creation
and the collection and safe management of short-lived
climate pollutants.
(b) Enhancing International Outreach and Partnership of United
States Agencies Involved in Greenhouse Gas Reductions.--
(1) Finding.--Congress recognizes the success of the United
States Climate Alliance and the greenhouse gas reduction
programs and strategies established by the Environmental
Protection Agency's Center for Corporate Climate Leadership.
(2) Authorization of efforts to build foreign
partnerships.--The Secretary of State, in coordination with the
Administrator of the Environmental Protection Agency, shall
build partnerships, as appropriate, with the governments of
foreign countries and to support international efforts to
reduce short-lived climate pollutants.
(c) Consideration of Short-Lived Climate Pollutants in Negotiating
International Agreements.--In negotiating any relevant international
agreement with any country or countries after the date of the enactment
of this Act, the President shall--
(1) consider the impact short-lived climate pollutants are
having on the increase in global average temperatures and the
resulting global climate change;
(2) consider the effects that climate change is having on
the environment; and
(3) ensure that the agreement strengthens efforts to
significantly reduce short-lived climate pollutants from such
country or countries.
(d) Plan to Reduce Black Carbon Emissions From Ships.--The
Administrator of the Environmental Protection Agency, in consultation
with the Secretary of State, the Secretary of Energy, the Secretary of
Transportation, the Secretary of Commerce, and the Commandant of the
Coast Guard, shall develop a comprehensive plan to reduce black carbon
emissions from ships based on appropriate emissions data from
oceangoing vessels. The plan shall provide for such reduction through--
(1) a clean freight partnership;
(2) limits on black carbon emissions; and
(3) efforts that include protection of access to critical
fuel shipments and emergency needs of coastal communities.
(e) Establishment of Interagency Working Group on Short-Lived
Climate Pollutants Mitigation.--
(1) Establishment.--Not later than 90 days after the date
of enactment of this Act, the President shall establish a task
force, to be known as the Interagency Working Group on Short-
Lived Climate Pollutant Mitigation.
(2) Membership.--The members of the Working Group shall
include the head (or a designee thereof) of--
(A) the Department of Agriculture;
(B) the Department of Commerce;
(C) the Department of Defense;
(D) the Department of Energy;
(E) the Department of Health and Human Services;
(F) the Department of the Interior;
(G) the Department of State;
(H) the Department of Transportation;
(I) the Environmental Protection Agency;
(J) the National Oceanic and Atmospheric
Administration;
(K) the Council on Environmental Quality;
(L) the United States Agency for International
Development; and
(M) any other Federal agency the President
determines appropriate.
(3) Duties.--The Working Group shall--
(A) review the policy recommendations made by--
(i) the Intergovernmental Panel on Climate
Change;
(ii) the United States Climate Alliance;
(iii) the Interagency Strategy to Reduce
Methane Emissions;
(iv) the Council on Climate Preparedness
and Resilience;
(v) the Clean Cooking Alliance;
(vi) the International Maritime
Organization; and
(vii) other relevant organizations and
institutions; and
(B) develop an action plan to reduce short-lived
climate pollutants that incorporates any appropriate
proposals or recommendations made by the entities
referred to in subparagraph (A).
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--
(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.
(2) Deforestation.--The term ``deforestation'' means a
change in land use from a forest (including peatlands) to any
other land use.
(3) Developing country.--The term ``developing country''
means a country eligible to receive official development
assistance according to the income guidelines of the
Development Assistance Committee of the Organisation for
Economic Co-operation and Development.
(4) Emissions reductions.--The term ``emissions
reductions'' means greenhouse gas emissions reductions achieved
from reduced or avoided deforestation under this section.
(5) Forest.--
(A) In general.--The term ``forest'' means a
terrestrial ecosystem, including wetland forests,
comprised of native tree species generated and
maintained primarily through natural ecological and
evolutionary processes.
(B) Exclusion.--The term ``forest'' does not
include plantations, such as crops of trees planted by
humans primarily for the purposes of harvesting.
(6) Forest degradation.--The term ``forest degradation'' is
any reduction in the carbon stock of a forest due to the
effects of human land-use activities, including such land-use
activities on peatlands.
(7) Intact forest.--The term ``intact forest'' means an
unbroken expanse of natural ecosystems within the global extent
of forest cover that--
(A) covers an area of at least 500 square
kilometers and is at least 10 kilometers in each
direction; and
(B) contains forest and non-forest ecosystems
minimally influenced by human economic activity and
large enough that all native biodiversity, including
viable populations of wide-ranging species, could be
maintained.
(9) Leakage.--The term ``leakage'' means the unexpected
loss of anticipated carbon benefits due to the displacement of
activities in a project area to areas outside the project,
resulting in carbon emissions.
(10) Leakage prevention activities.--The term ``leakage
prevention activities'' means activities in developing
countries that are directed at preserving existing forest
carbon stocks, including forested wetlands and peatlands that
might, absent such activities, be lost through leakage.
(11) National deforestation reduction activities.--The term
``national deforestation reduction activities'' means
activities in developing countries that reduce a quantity of
greenhouse gas emissions from deforestation that is calculated
by measuring actual emissions against a national deforestation
baseline established pursuant to subparagraphs (B) and (C) of
subsection (d)(4).
(12) Subnational deforestation and forest degradation
reduction activities.--The term ``subnational deforestation and
forest degradation reduction activities'' means activities in
developing countries that reduce a quantity of greenhouse gas
emissions from deforestation and forest degradation that is
calculated by measuring actual emissions using an appropriate
baseline, or an alternative determined under subsection
(d)(4)(B)(ii), established by the Administrator at the State or
provincial level.
(c) Purposes.--The purposes of this section are to provide United
States assistance to developing countries to develop, implement, and
improve actions that reduce deforestation and forest degradation or
conserve or restore forest ecosystems--
(1) to protect the value of forest ecosystems with respect
to permanent carbon capture and sequestration in a manner in
which such value is measurable, reportable, and verifiable; and
(2) in a manner that--
(A) is consistent with and enhances the
implementation of complementary United States policies
that support the good governance of forests,
biodiversity conservation, and environmentally
sustainable development;
(B) takes into consideration the views and
participation of local communities and most vulnerable
communities and populations, particularly forest-
dependent communities; and
(C) incorporates the right to free prior and
informed consent of indigenous peoples.
(d) Emissions Reductions Through Reduced Deforestation.--
(1) Establishment of program.--Not later than 1 year after
the date of the enactment of this Act, the Administrator, in
consultation with other appropriate agencies, shall establish a
program to provide assistance to reduce deforestation in
developing countries and its impacts, in accordance with this
section.
(2) Objectives.--The objectives of the program established
under paragraph (1) shall be--
(A) to achieve--
(i) emissions reductions of at least
7,000,000,000 tons of carbon dioxide equivalent
in 2025;
(ii) cumulative emissions reductions of at
least 11,000,000,000 tons of carbon dioxide
equivalent by December 31, 2030; and
(iii) additional emissions reductions in
subsequent years;
(B) to build capacity to reduce deforestation at a
national level in developing countries experiencing
deforestation, which may include--
(i) preparing developing countries to
participate in international markets for
international offset credits for reduced
emissions from deforestation;
(ii) supporting the development of overseas
domestic policy frameworks to ensure effective,
efficient, and equitable benefit-sharing of the
proceeds of such credits issued by national and
subnational governments; and
(iii) promoting and expanding land titling
initiatives and programs in other countries;
(C) to preserve forest carbon stocks in countries
where such forest carbon may be vulnerable to leakage,
particularly in developing countries with largely
intact native forests;
(D) to build the scientific knowledge and
institutional capacity to help developing countries--
(i) monitor the effects of climate change
on their forests;
(ii) develop and implement strategies to
conserve their forests; and
(iii) support forest-dependent communities
adapt to climate change;
(E) to the extent practicable, to reduce
deforestation in ways that reduce the vulnerability and
increase the resilience to climate effects for forests
and forest-dependent communities;
(F) to prevent degradation and fragmentation of
forests and other intact ecosystems, particularly in
tropical countries, including by providing assistance
or supporting policies to--
(i) conserve, protect, and restore the
integrity of such ecosystems; and
(ii) support the rights of Indigenous
People and local communities and their ability
to continue their effective stewardship of
their intact traditional lands and territories;
(G) to build capacity to address illegal
deforestation for agricultural commodities; and
(H) to remove subsidies that favor deforestation;
(e) Requirements for International Deforestation Reduction
Program.--
(1) Eligible countries.--
(A) In general.--Except as provided in subparagraph
(B), the Administrator may provide assistance under
this section only with respect to a developing country
that--
(i) the Administrator, in consultation with
other appropriate agencies, determines--
(I) is experiencing deforestation
or forest degradation; or
(II) has standing forest carbon
stocks that may be at risk of
deforestation or degradation;
(ii) has the legal regimes, standards, and
safeguards to ensure that the rights and
interests of indigenous peoples and forest-
dependent communities are protected in
accordance with the standards established under
paragraph (4); and
(iii) has entered into a bilateral or
multilateral agreement or arrangement with the
United States, or is part of an international
program supported by the United States to
prevent deforestation, that establishes the
conditions of participation by the country in
the program established under this section,
which shall include an agreement to meet the
standards established under paragraph (4) for
the activities to which such standards apply.
(B) Exception.--A developing country that does not
meet the requirement described in paragraph (1)(A)(ii)
may receive assistance under this section for the
purpose of building capacity to meet such requirement.
(2) Authorized activities.--Subject to the requirements of
this section, in providing assistance under this section, the
Administrator may support activities to achieve the objectives
described in subsection (c)(2), such as--
(A) national deforestation reduction activities;
(B) subnational deforestation and forest
degradation reduction activities, including pilot
activities, policies, and measures that reduce
greenhouse gas emissions and are subject to significant
uncertainty;
(C) activities to measure, monitor, and verify
deforestation, avoided deforestation, and rates of
deforestation, including, if applicable, spatially
explicit land use plans that identify intact and
primary forest areas and managed forest areas;
(D) leakage prevention activities;
(E) the development and implementation of
measurement, monitoring, reporting, and verification
capacities and governance structures, including legal
regimes, standards, processes, and safeguards, as
established under paragraph (4), to enable a country to
quantify emissions reductions for purposes of
purchasing or trading subnational emissions reduction
credits in carbon markets;
(F) the identification of, and actions to address,
the drivers of land use emissions;
(G) programs that would exclude from the United
States illegally harvested timber or products made from
illegally harvested timber, in accordance with and
consistent with the objectives of the Lacey Act
Amendments of 1981 (16 U.S.C. 3371 et seq.);
(H) the development and strengthening of governance
capacities to reduce deforestation and other land use
emissions and to combat illegal logging and associated
trade, including the development of systems for
independent monitoring of the efficacy of forest law
enforcement and increased enforcement cooperation,
including joint efforts with Federal agencies, to
enforce the Lacey Act Amendments of 1981 (16 U.S.C.
3371 et seq.);
(I) programs to help countries strengthen the
necessary governance and technological capacity to
trace and make publicly available the origin of
agricultural commodities associated with tropical
deforestation, such as beef, soy, palm oil, paper,
pulp, cocoa, and rubber;
(J) the development and strengthening of governance
capacities and associated implementation activities to
combat illegal deforestation related to the production
of agricultural commodities, such as those described in
subparagraph (I);
(K) the provision of incentives for policy reforms
to achieve the objectives described in subsection
(c)(2);
(L) the development of pilot projects--
(i) to examine where mitigation and
adaptation activities in forest ecosystems
coincide; and
(ii) to explore means for enhancing the
resilience of forest ecosystems and forest-
dependent communities;
(M) the promotion of mechanisms to deliver
resources for local action and to address the needs,
rights, interests, and participation of local and
indigenous communities;
(N) the promotion of land tenure and titling
programs, including legal recognition and effective
protection of the land tenure, access and use rights of
Indigenous People and local communities; and
(O) the monitoring and evaluation of the results of
the activities conducted under this section.
(3) Mechanisms.--The Administrator shall apply the
administrative authorities under the Foreign Assistance Act of
1961 (22 U.S.C. 2151 et seq.), except to the extent
inconsistent with the provisions of this section, to the same
extent and in the same manner as such authorities apply to the
implementation of such Act in order to support activities to
achieve the objectives described in subsection (c)(2) by--
(A) developing and implementing programs and
project-level activities that achieve such objectives;
(B) to the extent practicable, giving priority in
any review process to activities under paragraph
(2)(A); and
(C) as appropriate, considering multi-year funding
arrangements in carrying out the purposes of this
section.
(4) Standards.--The Administrator, in consultation with
other appropriate agencies, shall establish program standards
that--
(A) ensure that emissions reductions achieved
through supported activities--
(i) are additional, measurable, verifiable,
and monitored;
(ii) account for leakage, uncertainty, and
permanence; and
(iii) at a minimum, meet the standards
established under the emissions unit criteria
of the Carbon Offsetting and Reduction Scheme
for International Aviation (CORSIA) developed
by the International Civil Aviation
Organization (ICAO);
(B) require--
(i) the establishment of a national
deforestation baseline for each country with
national deforestation reduction activities
that is used to account for reductions achieved
from such activities; or
(ii) if a developing country has
established policies and taken measures to
reduce emissions from disturbed peatlands,
deforestation, or forest degradation, but has
not established a national baseline, the
provision of a credible, transparent, accurate,
and conservative alternative for quantifying
emissions;
(C) provide that each national deforestation
baseline established under subparagraph (B)(i)--
(i) is national, or subnational on an
interim basis, in scope; and
(ii) is consistent with nationally
appropriate mitigation commitments or actions
with respect to deforestation, taking into
consideration--
(I) the average annual historical
deforestation rates of the country
during a period of at least 5 years;
and
(II) the applicable drivers of
deforestation and other factors to
ensure additionality;
(iii) establishes a trajectory that would
result in zero net deforestation by not later
than 20 years after the date on which the
baseline is established;
(iv) is adjusted over time to account for
changing national circumstances; and
(v) is designed to account for all
significant sources of greenhouse gas emissions
from deforestation in the country;
(D) with respect to assistance provided for
activities described in subparagraph (A) or (B) of
paragraph (2), require emissions reductions to be
achieved and verified before the provision of any
assistance under this section;
(E) with respect to accounting for subnational
deforestation and forest degradation reduction
activities that lack the standardized or precise
measurement and monitoring techniques needed for a full
accounting of changes in emissions or baselines, or are
subject to other sources of uncertainty, apply a
conservative discount factor to reflect the uncertainty
regarding the levels of reductions achieved;
(F) ensure that activities under this section are
designed, carried out, and managed--
(i) using forest management practices that,
in an open and transparent process--
(I) improve the livelihoods of
forest communities in a manner that
promotes the maintenance of intact
forests, protects associated
biodiversity, and restores native
forest species and ecosystems while
avoiding the introduction of invasive
nonnative species;
(II) maintain natural biodiversity,
resilience, and carbon storage capacity
of forests;
(III) to the extent practicable, do
not adversely affect the permanence of
forest carbon stocks or emissions
reductions;
(IV) include broad stakeholder
participation and the free prior and
informed consent of affected indigenous
peoples; and
(V) take into account the needs and
interests of local communities, forest-
dependent communities, indigenous
peoples, and vulnerable social groups;
(ii) in consultation with, and with the
full and effective participation of, local
communities, indigenous peoples, and forest-
dependent communities in affected areas, as
partners and primary stakeholders, before and
during the design, planning, implementation,
monitoring, and evaluation of activities; and
(iii) with equitable sharing of profits and
benefits derived from the activities with local
communities, indigenous peoples, and forest-
dependent communities; and
(G) with respect to assistance for all activities
under this section, seek to ensure the establishment
and enforcement of legal regimes, standards, processes,
and safeguards by the country in which the activities
are conducted, as a condition of such assistance or as
a proposed activity for which such assistance may be
provided, which--
(i) protect the rights and interests of
local communities, indigenous peoples, forest-
dependent communities, human rights defenders,
and vulnerable social groups; and
(ii) promote consultations with local
communities, indigenous peoples, and forest-
dependent communities in affected areas, as
partners and primary stakeholders, before and
during the design, planning, implementation,
monitoring, and evaluation of activities under
this section; and
(iii) ensure equitable sharing of profits
and benefits from incentives for emissions
reductions or leakage prevention with local
communities, indigenous peoples, and forest-
dependent communities.
(5) Scope.--
(A) Reduced emissions.--The Administrator shall
include reduced emissions from forest degradation and
disturbance of peatlands within the scope of activities
under this section.
(B) Expansion of authorized activities.--If the
Administrator determines, in consultation with other
appropriate agencies, that sufficient methodologies and
technical capacities exist to measure, monitor, and
account for the emissions referred to in subparagraph
(A), the Administrator may expand the authorized
activities under this section, as appropriate, to
include reduced soil carbon-derived emissions
associated with deforestation and degradation of
forested wetlands and peatlands, consistent with a
comprehensive approach to maintaining and enhancing
forests, increasing climate resiliency, reducing
emissions, and increasing removals of greenhouse gases.
(6) Accounting.--The Administrator shall use a publicly
accessible registry to account for and register the emissions
reductions achieved through assistance provided under this
section each year, after appropriately discounting for
uncertainty and other relevant factors as required by the
standards established under paragraph (4).
(7) International deforestation reduction program insurance
account for noncompletion or reversal.--In furtherance of the
objectives described in subsection (c)(2), the Administrator
shall develop and implement a program that--
(A) addresses noncompletion or reversal with
respect to any greenhouse gas emissions that were not,
or are no longer, sequestered; and
(B) may include a mechanism to hold in reserve a
portion of the amount allocated for projects to support
the program.
(8) Extension of assistance.--
(A) In general.--The Administrator may extend, for
an additional 5 years, the period during which
assistance is authorized for activities supported by
assistance under this section, if the Administrator
determines that--
(i) the country in which the activities are
conducted is making substantial progress toward
adopting and implementing a program to achieve
reductions in deforestation measured against a
national baseline;
(ii) the greenhouse gas emissions
reductions achieved as a result of the
activities are not resulting in significant
leakage;
(iii) such greenhouse gas emissions
reductions are being appropriately discounted
to account for any leakage that is occurring;
and
(iv) such extension would further advance
or ensure achievement of the objectives of the
activities.
(B) Assistance for subnational deforestation and
forest degradation reduction activities.--
(i) In general.--If the Administrator
extends the period during which assistance is
authorized for activities under subparagraph
(A), the Administrator shall determine, based
on the criteria specified that subparagraph,
whether such assistance should include
assistance for subnational deforestation and
forest degradation reduction activities.
(ii) Continued assistance.--The
Administrator may extend the period during
which assistance is authorized for subnational
deforestation and forest degradation reduction
activities beyond the 5-year period described
in subparagraph (A) in order to further the
objectives described in subparagraph (B) or (C)
of subsection (c)(2).
(9) Coordination with foreign assistance.--Subject to the
direction of the President, the Administrator shall, to the
extent practicable and consistent with the objectives described
in subsection (c)(2), seek to align activities under this
section with broader development, poverty alleviation, or
natural resource management objectives and initiatives in
countries receiving assistance under this section.
(10) Assistance as supplement.--The provision of assistance
for activities under this section shall be used to supplement,
and not to supplant, any other Federal, State, or local support
available to carry out activities under this section.
(11) Funding limitation.--Of the funds made available to
carry out this section in any fiscal year, not more than 7
percent may be used for the administrative expenses of the
United States Agency for International Development in support
of activities described in paragraph (2). Such amount shall be
in addition to other amounts otherwise available for such
purposes.
(f) Legal Effect.--
(1) In general.--Nothing in this section may be construed
to supersede, limit, or otherwise affect any restriction
imposed by Federal law (including regulations) on any
interaction between an entity located in the United States and
an entity located in a foreign country.
(2) Role of the secretary of state.--Nothing in this
section may be construed to affect the role of the Secretary of
State or the responsibilities of the Secretary under section
622(c) of the Foreign Assistance Act of 1961 (22 U.S.C.
2382(c)).
(g) International Financial Institutions.--The President shall
direct the United States representatives to the World Bank, the
International Monetary Fund, and other international financial
institutions (as defined in section 1701(c) of the International
Financial Institutions Act (22 U.S.C. 262r(c)) to prioritize efforts to
combat deforestation.
(h) Report.--Not later than 1 year after the date of the enactment
of this Act, the President shall submit to Congress a report, with
respect to activities under this section, on the implementation of
measurable and sustainable development practices and an assessment of
resources related to achieving carbon dioxide emission reduction
targets for 2025 and 2030.
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
aircraft; or
(iii) electronic components, or items
containing electronic components, that are
exported or reexported to an entity under the
ownership or control of the person exporting or
reexporting the components or items, with the
intent that the components or items be used for
the purpose for which the components or items
were used in the United States.
(2) Exempted electronic waste items.--
(A) In general.--The term ``exempted electronic
waste items'' means the following:
(i) Tested, working used electronics.
(ii) Low-risk counterfeit electronics.
(iii) Recalled electronics.
(B) Definitions.--In this paragraph:
(i) Tested, working used electronics.--The
term ``tested, working used electronics'' means
any used electronic items that--
(I) are determined, through testing
methodologies established by the
Secretary, to be--
(aa) fully functional for
the purpose for which the items
were designed; or
(bb) in the case of
multifunction devices, fully
functional for at least one of
the primary purposes for which
the items were designed;
(II) are exported with the intent
to reuse the products as functional
products; and
(III) are appropriately packaged
for shipment to prevent the items from
losing functionality as a result of
damage during shipment.
(ii) Low-risk counterfeit electronics.--The
term ``low-risk counterfeit electronics'' means
any electronic components or items that--
(I) have been subjected to
destruction processes that render the
items unusable for their original
purpose; and
(II) are exported as a feedstock,
with no additional mechanical or hand
separation required, in a reclamation
process to render the electronic
components or items recycled consistent
with the laws of the foreign country
performing the reclamation process.
(iii) Recalled electronics.--The term
``recalled electronics'' means any electronic
items that--
(I) because of a defect in the
design or manufacture of the items--
(aa) are subject to a
recall notice issued by the
Consumer Product Safety
Commission or other pertinent
Federal authority and have been
received by the manufacturer or
its agent and repaired by the
manufacturer or its agent to
cure the defect; or
(bb) have been recalled by
the manufacturer as a condition
of the validity of the warranty
on the items and have been
repaired by the manufacturer or
its agent to cure the defect;
and
(II) are exported by the
manufacturer of the items.
(iv) Feedstock.--The term ``feedstock''
means any raw material constituting the
principal input for an industrial process.
(3) Counterfeit good.--The term ``counterfeit good'' means
any good on which, or in connection with which, a counterfeit
mark is used.
(4) Counterfeit military good.--The term ``counterfeit
military good'' means a counterfeit good that--
(A) is falsely identified or labeled as meeting
military specifications; or
(B) is intended for use in a military or national
security application.
(5) Counterfeit mark.--The term ``counterfeit mark'' has
the meaning given that term in section 2320 of title 18, United
States Code.
(6) Export administration regulations.--The term ``Export
Administration Regulations'' means the regulations set forth in
subchapter C of chapter VII of title 15, Code of Federal
Regulations, or successor regulations.
(7) Export; reexport.--The terms ``export'' and
``reexport'' have the meanings given such terms in section 1742
of the Export Control Reform Act of 2018 (50 U.S.C. 4801).
(8) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(9) Used.--The term ``used'', with respect to an item,
means the item has been operated or employed.
(c) Prohibition.--Except as provided in subsections (c) and (d), no
person or entity may export or reexport electronic waste or exempted
electronic waste items.
(d) Export Prohibition Exemptions.--A person or entity may export
or reexport exempted electronic waste items, but only if the following
requirements are met:
(1) Registration.--The person or entity is listed on a
publicly available registry maintained by the Secretary.
(2) Filing of export information.--For each export
transaction, the person or entity files in the Automated Export
System, in accordance with part 758 of the Export
Administration Regulations (or any corresponding similar
regulation or ruling), electronic export information that
contains at least the following information:
(A) A description of the type and total quantity of
exempted electronic waste items exported.
(B) The name of each country that received the
exempted electronic waste items for reuse or recycling.
(C)(i) The name of the ultimate consignee to which
the exempted electronic waste items were received for
reclamation, recall, or reuse; and
(ii) documentation and a declaration that such
consignee has the necessary permits, resources, and
competence to manage the exempted electronic waste
items as reusable products or recyclable feedstock and
prevent its release as a counterfeit good or
counterfeit military good.
(3) Compliance with existing laws.--The export or reexport
of exempted electronic waste items otherwise comply with
applicable international agreements to which the United States
is a party and with other trade and export control laws of the
United States.
(4) Export declarations and requirements.--The exempted
electronic waste items are accompanied by--
(A) documentation of the registration of the
exporter required under paragraph (1);
(B) a declaration signed by an officer or
designated representative of the exporter asserting
that the exempted electronic waste items meet the
applicable requirements for exempted electronic waste
items under this section;
(C) a description of the contents and condition of
the exempted electronic waste items in the shipment;
(D) for tested, working electronics, a description
of the testing methodologies and test results for each
item;
(E) the name of the ultimate consignee and
declaration of the consignee's applicable permits,
resources, and competence to process or use the items
as intended; and
(F) with respect to low-risk counterfeit
electronics only and when required by the importing
country, the written consent of the competent authority
of the receiving country to allow the products in such
country.
(e) Exception for Personal Use.--The Secretary may provide for an
exception to the requirements of this section, subject to such
recordkeeping requirements as the Secretary may impose, for the export
or reexport of 5 or fewer items that are or contain electronic
components intended for personal use.
(f) Effective Date.--
(1) In general.--Subject to paragraph (2), this section
shall take effect upon the expiration of the 1-year period
beginning on the date of the enactment of this Act.
(2) Modification of ear.--The Secretary, in consultation
with the Administrator of the Environmental Protection Agency,
shall, not later than the effective date under paragraph (1),
ensure that the Export Administration Regulations are modified
to carry out this section.
(g) Penalties for Violations.--Any person who violates this section
or the regulations issued under subsection (e)(2) shall be subject to
the same penalties as those that apply to any person violating any
other provision of the Export Administration Regulations.
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.
SEC. 30614. REPORT ON GLOBAL EXPORTS OF NATURAL GAS PRODUCTION.
Not later than 180 days after the date of enactment of this Act,
the Secretary of State shall submit to Congress a report on the
following:
(1) The economic policies of foreign countries with natural
gas resources and reserves as such policies relate to the
development and production of their natural gas resources and
reserves and the extent and status of their natural gas
resources and reserves.
(2) The potential to export the natural gas production of
such foreign countries to the global market and the impact of
the export of such natural gas production on the global market.
(3) A description of actions taken by the United States
Government to foster natural gas exports to foreign countries
that may have an interest in importing natural gas from the
United States.
SEC. 30615. REPORT ON GLOBAL CCP INVESTMENT IN PORT INFRASTRUCTURE.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence, in
consultation with the Secretary of State and the Secretary of Defense,
shall submit to the appropriate congressional committees a report
documenting all Chinese investment in port infrastructure globally,
during the period beginning on January 1, 2012, and ending on the date
of the submission of the report, and the commercial and economic
implications of such investments. The report shall also includes the
following:
(1) A review of existing and potential or planned future
Chinese investments, including investments by government
entities, and state-owned enterprises, in port infrastructure
at such ports.
(2) Any known Chinese interest in establishing a military
presence at or near such ports.
(3) An assessment of China's current and potential future
ability to leverage commercial ports for military purposes and
the implications of such ability for the national and economic
security of the United States.
(b) Form.--The report required by subsection (a) shall be submitted
in unclassified form but may include a classified annex produced
consistent with the protection of sources and methods.
(c) Appropriate Congressional Committees Defined.--In this Act, the
term ``appropriate congressional committees'' means--
(1) the Permanent Select Committee on Intelligence, the
Committee on Armed Services, and the Committee on Foreign
Affairs of the House of Representatives; and
(2) the Select Committee on Intelligence of the Senate, the
Committee on Armed Services, and the Committee on Foreign
Relations of the Senate.
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,
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.
TITLE VIII--PREVENTING FUTURE PANDEMICS
SEC. 30801. SHORT TITLE.
This title may be cited as the ``Preventing Future Pandemics Act of
2022''.
SEC. 30802. DEFINITIONS.
In this title:
(1) Wildlife market.--The term ``wildlife market''--
(A) means a commercial market or subsection of a
commercial market--
(i) where live mammalian or avian wildlife
is held, slaughtered, or sold for human
consumption as food or medicine whether the
animals originated in the wild or in a captive
environment; and
(ii) that delivers a product in communities
where alternative nutritional or protein
sources are readily available and affordable;
and
(B) does not include--
(i) markets in areas where no other
practical alternative sources of protein or
meat exists, such as wildlife markets in rural
areas on which indigenous people and rural
local communities rely to feed themselves and
their families; and
(ii) processors of dead wild game and fish.
(2) Commercial trade in live wildlife.--The term
``commercial trade in live wildlife''--
(A) means commercial trade in live wildlife for
human consumption as food or medicine; and
(B) does not include--
(i) fish;
(ii) invertebrates;
(iii) amphibians and reptiles; and
(iv) the meat of ruminant game species--
(I) traded in markets in countries
with effective implementation and
enforcement of scientifically based,
nationally implemented policies and
legislation for processing, transport,
trade, and marketing; and
(II) sold after being slaughtered
and processed under sanitary
conditions.
(3) One health.--The term ``One Health'' means a
collaborative, multi-sectoral, and transdisciplinary approach
working at the local, regional, national, and global levels
with the goal of achieving optimal health outcomes that
recognizes the interconnection between--
(A) people, animals, both wild and domestic, and
plants; and
(B) the environment shared by such people, animals,
and plants.
(4) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Foreign Affairs of the House
of Representatives; and
(D) the Committee on Appropriations of the House of
Representatives.
SEC. 30803. STUDY ON RISK OF WILDLIFE MARKETS ON THE EMERGENCE OF NOVEL
VIRAL PATHOGENS.
(a) Study.--Not later than 30 days after the date of the enactment
of this Act, the Secretary of State, in consultation with the
Administrator of the United States Agency for International
Development, the Secretary of Health and Human Services, the Secretary
of the Interior, and the Secretary of Agriculture shall enter into an
agreement with the National Academies of Sciences, Engineering, and
Medicine to evaluate the risk wildlife markets pose to human health
through the emergence or reemergence of pathogens and activities to
reduce the risk of zoonotic spillover. The study shall evaluate--
(1) the impact of physical proximity to and the role of
human use of terrestrial wildlife for food or medicine on the
emergence or reemergence of pathogens, including novel
pathogens;
(2) the conditions at live wildlife markets and within the
associated supply chain that elevate risk factors leading to
such emergence, reemergence, or transmission of pathogens,
including sanitary conditions and the physical proximity of
animals;
(3) animal taxa that present a high risk of contributing to
zoonotic spillover and the associated risk factors that
increase the emergence, reemergence, or transmission of
pathogens;
(4) emerging pathogen risk reduction measures and control
options across wildlife markets and the associated supply
chain; and
(5) the methods by which the United States might work with
international partners to effectively promote diversified,
culturally appropriate alternative sources of nutritious food,
protein, and related income in communities that currently rely
upon the human use of wildlife as food or medicine for
subsistence, while ensuring that existing natural habitats are
not fragmented, degraded, or destroyed and that human pressure
on natural habitats is not increased by this process.
(b) Report.--Not later than 1 year after the date of the agreement
under subsection (a), the Secretaries described in such subsection
shall submit a report on the findings of the study described in such
subsection to--
(1) the appropriate congressional committees;
(2) the Committee on Health, Education, Labor, and Pensions
and the Committee on Agriculture, Nutrition, and Forestry of
the Senate; and
(3) the Committee on Energy and Commerce and the Committee
on Agriculture of the House of Representatives.
(c) Authorization of Appropriations.--There is authorized to be
appropriated such sums as are necessary for the development of the
study described in this section.
SEC. 30804. COUNTRY-DRIVEN APPROACH TO END THE COMMERCIAL TRADE IN LIVE
WILDLIFE AND ASSOCIATED WILDLIFE MARKETS.
(a) In General.--Not later than 120 days after the completion of
the study required by section 30803, the Secretary of State, in
coordination with the Administrator of the United States Agency for
International Development and the heads of other relevant Federal
departments and agencies, including the Centers for Disease Control and
Prevention, the Secretary of Agriculture, and the Secretary of the
Interior, and after consideration of the results of such study and best
available scientific findings of practices and behaviors occurring at
the source of zoonoses spillover and spread, shall publicly release a
list of countries the governments of which express willingness to end
the domestic and international commercial trade in live wildlife and
associated wildlife markets for human consumption, as defined for
purposes of this Act--
(1) immediately;
(2) after a transitional period; and
(3) aspirationally, over a long-term period.
(b) Global Health Security Zoonosis Plans.--The Secretary of State
and the Administrator of the United States Agency for International
Development shall work bilaterally with the governments of the
countries listed pursuant to subsection (a) to establish Global Health
Security Zoonoses Plans that--
(1) outline actions to address novel pathogens of zoonotic
origin that have the potential to become epidemics or
pandemics;
(2) identify incentives and strengthened policies; and
(3) provide technical support to communities, policy
makers, civil society, law enforcement and other stakeholders
to end the domestic and international commercial trade in live
wildlife and associated wildlife markets for human consumption
immediately, during a transitional period, or aspirationally.
(c) Updates.--The list of countries required by subsection (a), the
corresponding Global Health Security Zoonosis plans established
pursuant to subsection (b), and any actions taken under such plans to
end the commercial trade in live wildlife and associated wildlife
markets for human consumption immediately, during a transitional
period, or aspirationally, shall be reviewed, updated, and publicly
released annually by the Secretary and Administrator, following review
of the most recent scientific data.
SEC. 30805. SENSE OF CONGRESS.
It is the sense of Congress that global institutions, including the
Food and Agriculture Organization of the United Nations, the World
Organisation for Animal Health, the World Health Organization, and the
United Nations Environment Programme, together with leading
intergovernmental and nongovernmental organizations, veterinary and
medical colleges, the Department of State, and the United States Agency
for International Development, should--
(1) promote the paradigm of One Health as an effective and
integrated way to address the complexity of emerging disease
threats; and
(2) support improved community health, biodiversity
conservation, forest conservation and management, sustainable
agriculture, and the safety of livestock, domestic animals, and
wildlife in developing countries, particularly in tropical
landscapes where there is an elevated risk of zoonotic disease
spill over.
SEC. 30806. STATEMENT OF POLICY.
It is the policy of the United States to--
(1) support the availability of scalable and sustainable
alternative sources of protein and nutrition for local
communities, where appropriate, in order to minimize human
reliance on the commercial trade in live wildlife for human
consumption;
(2) support foreign governments to--
(A) reduce commercial trade in live wildlife for
human consumption;
(B) transition from the commercial trade in live
wildlife for human consumption to sustainably produced
alternate protein and nutritional sources;
(C) establish and effectively manage and protect
natural habitat, including protected and conserved
areas and the lands of Indigenous peoples and local
communities, particularly in countries with tropical
forest hotspots for emerging diseases; and
(D) strengthen public health capacity, particularly
in countries where there is a high risk of emerging
zoonotic viruses and other infectious diseases;
(3) respect the rights and needs of indigenous peoples and
local communities dependent on such wildlife for nutritional
needs and food security; and
(4) facilitate international cooperation by working with
international partners through intergovernmental,
international, and nongovernmental organizations such as the
United Nations to--
(A) lead a resolution at the United Nations
Security Council or General Assembly and World Health
Assembly outlining the danger to human and animal
health from emerging zoonotic infectious diseases, with
recommendations for implementing the closure of
wildlife markets and prevention of the commercial trade
in live wildlife for human consumption, except where
the consumption of wildlife is necessary for local food
security or where such actions would significantly
disrupt a readily available and irreplaceable food
supply;
(B) raise awareness and build stakeholder
engagement networks, including civil society, the
private sector, and local and regional governments on
the dangerous potential of wildlife markets as a source
of zoonotic diseases and reduce demand for the
consumption of wildlife through evidence-based behavior
change programs, while ensuring that existing wildlife
habitat is not encroached upon or destroyed as part of
this process;
(C) encourage and support alternative forms of
sustainable food production, farming, and shifts to
sustainable sources of protein and nutrition instead of
terrestrial wildlife, where able and appropriate, and
reduce consumer demand for terrestrial and freshwater
wildlife through enhanced local and national food
systems, especially in areas where wildlife markets
play a significant role in meeting subsistence needs
while ensuring that existing wildlife habitat is not
encroached upon or destroyed as part of this process;
and
(D) strive to increase biosecurity and hygienic
standards implemented in farms, gathering centers,
transport, and market systems around the globe,
especially those specializing in the provision of
products intended for human consumption.
SEC. 30807. PREVENTION OF FUTURE ZOONOTIC SPILLOVER EVENTS.
(a) In General.--The Secretary of State and the Administrator of
the United States Agency for International Development, in consultation
with the Director of the United States Fish and Wildlife Service, the
Secretary of Agriculture, the Director of the Centers for Disease
Control and Prevention, and the heads of other relevant departments and
agencies, shall work with foreign governments, multilateral entities,
intergovernmental organizations, international partners, private sector
partners, and nongovernmental organizations to carry out activities
supporting the following objectives, recognizing that multiple
interventions will likely be necessary to make an impact, and that
interventions will need to be tailored to the situation to--
(1) pursuant to section 30804, close wildlife markets and
prevent associated commercial trade in live wildlife, placing a
priority focus on countries with significant markets for live
wildlife for human consumption, high-volume commercial trade
and associated markets, trade in and across urban centers, and
trade for luxury consumption or where there is no dietary
necessity--
(A) through existing treaties, conventions, and
agreements;
(B) by amending existing protocols or agreements;
(C) by pursuing new protocols; or
(D) by other means of international coordination;
(2) improve regulatory oversight and reduce commercial
trade in live wildlife and eliminate practices identified to
contribute to zoonotic spillover and emerging pathogens;
(3) prevent commercial trade in live wildlife through
programs that combat wildlife trafficking and poaching,
including by--
(A) providing assistance to improve law
enforcement;
(B) detecting and deterring the illegal import,
transit, sale, and export of wildlife;
(C) strengthening such programs to assist countries
through legal reform;
(D) improving information sharing and enhancing
capabilities of participating foreign governments;
(E) supporting efforts to change behavior and
reduce demand for such wildlife products;
(F) leveraging United States private sector
technologies and expertise to scale and enhance
enforcement responses to detect and prevent such trade;
and
(G) strengthening collaboration with key private
sector entities in the transportation industry to
prevent and report the transport of such wildlife and
wildlife products;
(4) leverage strong United States bilateral relationships
to support new and existing inter-Ministerial collaborations or
Task Forces that can serve as regional One Health models;
(5) build local agricultural and food safety capacity by
leveraging expertise from the United States Department of
Agriculture (USDA) and institutions of higher education with
agricultural or natural resource expertise;
(6) work through international organizations to develop a
set of objective risk-based metrics that provide a cross-
country comparable measure of the level of risk posed by
wildlife trade and marketing and can be used to track progress
nations make in reducing risks, identify where resources should
be focused, and potentially leverage a peer influence effect;
(7) prevent the degradation and fragmentation of forests
and other intact ecosystems to minimize interactions between
wildlife and human and livestock populations that could
contribute to spillover events and zoonotic disease
transmission, including by providing assistance or supporting
policies to, for example--
(A) conserve, protect, and restore the integrity of
such ecosystems;
(B) support the rights and needs of Indigenous
People and local communities and their ability to
continue their effective stewardship of their
traditional lands and territories;
(C) support the establishment and effective
management of protected areas, prioritizing highly
intact areas; and
(D) prevent activities that result in the
destruction, degradation, fragmentation, or conversion
of intact forests and other intact ecosystems and
biodiversity strongholds, including by governments,
private sector entities, and multilateral development
financial institutions;
(8) offer appropriate alternative livelihood and worker
training programs and enterprise development to wildlife
traders, wildlife breeders, and local communities whose members
are engaged in the commercial trade in live wildlife for human
consumption;
(9) ensure that the rights of Indigenous Peoples and local
communities are respected and their authority to exercise these
rights is protected;
(10) strengthen global capacity for prevention, prediction,
and detection of novel and existing zoonoses with pandemic
potential, including the support of innovative technologies in
coordination with the United States Agency for International
Development, the Centers for Disease Control and Prevention,
and other relevant departments and agencies; and
(11) support the development of One Health systems at the
local, regional, national, and global levels in coordination
with the United States Agency for International Development,
the Centers for Disease Control and Prevention, and other
relevant departments and agencies, particularly in emerging
infectious disease hotspots, through a collaborative,
multisectoral, and transdisciplinary approach that recognizes
the interconnections among people, animals, plants, and their
shared environment to achieve equitable and sustainable health
outcomes.
(b) Activities.--
(1) Global cooperation.--The United States Government,
working through the United Nations and its components, as well
as international organization such as Interpol, the Food and
Agriculture Organization of the United Nations, and the World
Organisation for Animal Health, and in furtherance of the
policies described in section 30806, shall--
(A) collaborate with other member states, issue
declarations, statements, and communiques urging
countries to close wildlife markets, and prevent
commercial trade in live wildlife for human
consumption; and
(B) urge increased enforcement of existing laws to
end wildlife trafficking.
(2) International coalitions.--The Secretary of State shall
seek to build new, and support existing, international
coalitions focused on closing wildlife markets and preventing
commercial trade in live wildlife for human consumption, with a
focus on the following efforts:
(A) Providing assistance and advice to other
governments in the adoption of legislation and
regulations to close wildlife markets and associated
trade over such timeframe and in such manner as to
minimize the increase of wildlife trafficking and
poaching.
(B) Creating economic and enforcement pressure for
the immediate shut down of uncontrolled, unsanitary, or
illicit wildlife markets and their supply chains to
prevent their operation.
(C) Providing assistance and guidance to other
governments on measures to prohibit the import, export,
and domestic commercial trade in live wildlife for the
purpose of human consumption.
(D) Implementing risk reduction interventions and
control options to address zoonotic spillover along the
supply chain for the wildlife market system.
(E) Engaging and receiving guidance from key
stakeholders at the ministerial, local government, and
civil society level, including Indigenous Peoples, in
countries that will be impacted by this title and where
wildlife markets and associated wildlife trade are the
predominant source of meat or protein, in order to
mitigate the impact of any international efforts on
food security, nutrition, local customs, conservation
methods, or cultural norms.
(F) Promoting private sector engagement and public-
private partnerships with industry groups (such as the
transportation industry) to address transport and
movement of live wildlife to supply the commercial
trade in live wildlife for human consumption.
(c) United States Agency for International Development.--
(1) Sustainable food systems funding.--
(A) Authorization of appropriations.--In addition
to any other amounts provided for such purposes, there
is authorized to be appropriated such sums as necessary
for each fiscal year from 2021 through 2030 to the
United States Agency for International Development to
reduce demand for consumption of wildlife from wildlife
markets and support shifts to diversified alternative
and sustainably produced sources of nutritious food and
protein in communities that rely upon the consumption
of wildlife for food security, while ensuring that
existing wildlife habitat is not encroached upon or
destroyed as part of this process, using a
multisectoral approach and including support for
demonstration programs.
(B) Activities.--The Bureau for Development,
Democracy and Innovation (DDI), the Bureau for
Resilience and Food Security (RFS), and the Bureau for
Global Health (GH) of the United States Agency for
International Development shall, in partnership with
United States and international institutions of higher
education and nongovernmental organizations, co-develop
approaches focused on safe, sustainable food systems
that support and incentivize the replacement of
terrestrial wildlife in diets, while ensuring that
existing wildlife habitat is not encroached upon or
destroyed as part of this process.
(2) Addressing threats and causes of zoonotic disease
outbreaks.--The Administrator of the United States Agency for
International Development, in consultation with the Secretary
of the Interior, shall increase activities in United States
Agency for International Development programs related to
conserving biodiversity, combating wildlife trafficking,
sustainable landscapes, global health, food security, and
resilience in order to address the threats and causes of
zoonotic disease outbreaks, including through--
(A) education;
(B) capacity building;
(C) strengthening human, livestock, and wildlife
health monitoring systems of pathogens of zoonotic
origin to support early detection and reporting of
novel and known pathogens for emergence of zoonotic
disease and strengthening cross-sectoral collaboration
to align risk reduction approaches in consultation with
the Director of the Centers for Disease Control and the
Secretary of Health and Human Services;
(D) improved domestic and wild animal disease
monitoring and control at production and market levels;
(E) development of alternative livelihood
opportunities where possible;
(F) preventing degradation and fragmentation of
forests and other intact ecosystems and restoring the
integrity of such ecosystems, particularly in tropical
countries, to prevent the creation of new pathways for
zoonotic pathogen transmission that arise from
interactions among wildlife, humans, and livestock
populations;
(G) minimizing interactions between domestic
livestock and wild animals in markets and captive
production;
(H) supporting shifts from wildlife markets to
diversified, safe, affordable, and accessible
alternative sources of protein and nutrition through
enhanced local and national food systems while ensuring
that existing wildlife habitat is not encroached upon
or destroyed as part of this process;
(I) improving community health, forest management
practices, and safety of livestock production in
tropical landscapes, particularly in hotspots for
zoonotic spillover and emerging infectious diseases;
(J) preventing degradation and fragmentation of
forests and other intact ecosystems, particularly in
tropical countries, to minimize interactions between
wildlife, human, and livestock populations that could
contribute to spillover events and zoonotic disease
transmission, including by providing assistance or
supporting policies to--
(i) conserve, protect, and restore the
integrity of such ecosystems; and
(ii) support the rights of Indigenous
People and local communities and their ability
to continue their effective stewardship of
their intact traditional lands and territories;
and
(K) supporting development and use of multi-data
sourced predictive models and decisionmaking tools to
identify areas of highest probability of zoonotic
spillover and to determine cost-effective monitoring
and mitigation approaches; and
(L) other relevant activities described in section
30806 that are within the mandate of the United States
Agency for International Development.
(3) Immediate relief funding to stabilize protected
areas.--The Administrator of the United States Agency for
International Development and the Secretary of State are
authorized to administer immediate relief funding to stabilize
protected areas and conservancies.
(d) Staffing Requirements.--The Administrator of the United States
Agency for International Development, in collaboration with the United
States Fish and Wildlife Service, the United States Department of
Agriculture Animal and Plant Health Inspection Service, the Centers for
Disease Control and Prevention, and other Federal entities as
appropriate, is authorized to hire additional personnel--
(1) to undertake programs aimed at reducing the risks of
endemic and emerging infectious diseases and exposure to
antimicrobial resistant pathogens;
(2) to provide administrative support and resources to
ensure effective and efficient coordination of funding
opportunities and sharing of expertise from relevant United
States Agency for International Development bureaus and
programs, including emerging pandemic threats;
(3) to award funding to on-the-ground projects;
(4) to provide project oversight to ensure accountability
and transparency in all phases of the award process; and
(5) to undertake additional activities under this title.
(e) Reporting Requirements.--
(1) United states department of state.--
(A) In general.--Not later than 180 days after the
date of the enactment of this Act, and annually
thereafter until 2030, the Secretary of State and the
Administrator of the United States Agency for
International Development shall submit to the
appropriate congressional committees a report--
(i) describing--
(I) the actions taken pursuant to
this title, including through the
application of findings and
recommendations generated from the
study required by section 30803 and the
provision of United States technical
assistance;
(II) the impact and effectiveness
of international cooperation on
shutting down wildlife markets;
(III) the impact and effectiveness
of international cooperation on
disrupting, deterring, and ultimately
ending wildlife trafficking; and
(IV) the impact and effectiveness
of international cooperation on
preventing the import, export, and
domestic commercial trade in live
wildlife for the purpose of human use
as food or medicine, while accounting
for the differentiated needs of
vulnerable populations who depend upon
such wildlife as a predominant source
of meat or protein; and
(ii) identifying--
(I) foreign countries that continue
to enable the operation of wildlife
markets as defined by this title and
the associated trade of wildlife
products for human use as food or
medicine that feeds such markets;
(II) foreign governments, networks,
or individuals who aid and abet or
otherwise facilitate illicit wildlife
trafficking; and
(III) recommendations for
incentivizing or enforcing compliance
with laws and policies to close
wildlife markets pursuant to section
30804 and uncontrolled, unsanitary, or
illicit wildlife markets and end the
associated commercial trade in live
wildlife for human use as food or
medicine, which may include visa
restrictions and other diplomatic or
economic tools.
(B) Form.--The report required under this paragraph
shall be submitted in unclassified form, but may
include a classified annex.
(2) United states agency for international development.--
Not later than 180 days after the date of the enactment of this
Act, the Administrator of the United States Agency for
International Development shall submit to the appropriate
congressional committees a report--
(A) describing the actions taken pursuant to this
title;
(B) describing the impact and effectiveness of key
strategies for reducing demand for consumption of such
wildlife and associated wildlife markets;
(C) summarizing additional personnel hired with
funding authorized under this title, including the
number hired in each bureau; and
(D) describing partnerships developed with other
institutions of higher learning and nongovernmental
organizations.
SEC. 30808. ONE HEALTH TASK FORCE.
(a) Establishment.--There is established a task force to be known
as the ``One Health Task Force''.
(b) Duties of Task Force.--The duties of the Task Force shall be
to--
(1) ensure an integrated approach across the Federal
Government and globally to the prevention of, early detection
of, preparedness for, and response to zoonotic spillover and
the outbreak and transmission of zoonotic diseases that may
pose a threat to public health security;
(2) not later than 1 year after the date of the enactment
of this Act, develop and publish, on a publicly accessible
website, a plan for global biosecurity and zoonotic disease
prevention and response that leverages expertise in public
health, consumer education and communication, behavior change,
wildlife health, wildlife conservation, livestock production,
veterinary health, food safety, sustainable forest management,
community-based conservation, rural food security, and
indigenous rights to coordinate zoonotic disease surveillance
internationally, including support for One Health institutions
around the world that can prevent and provide early detection
of zoonotic outbreaks; and
(3) expand the scope of the implementation of the White
House's Global Health Security Strategy to more robustly
support the prevention of zoonotic spillover and respond to
zoonotic disease investigations and outbreaks by establishing a
10-year strategy with specific Federal Government domestic and
international goals, priorities, and timelines for action,
including to--
(A) recommend policy actions and mechanisms in
developing countries to reduce the risk of zoonotic
spillover and zoonotic disease emergence and
transmission, including in support of those activities
described in section 30807;
(B) identify new mandates, authorities, and
incentives needed to strengthen the global zoonotic
disease plan under paragraph (2);
(C) define and list priority areas as countries or
regions determined to be of high risk for zoonotic
disease emergence, as well as based on, but not limited
to, factors that include wildlife biodiversity,
livestock production, human population density, and
active drivers of disease emergence such as land use
change, including forest degradation and loss,
intensification of livestock production, and wildlife
trade;
(D) prioritize engagement in programs that target
tropical countries and regions experiencing high rates
of biodiversity loss, deforestation, forest
degradation, and land conversion and countries with
significant markets for live wildlife for human
consumption; and
(E) identify and recommend actions to address
existing gaps in efforts to prevent and respond to
domestic zoonotic disease emergence and transmission.
(c) Membership.--
(1) In general.--The members of the Task Force established
pursuant to subsection (a) shall be composed of representatives
from each of the following agencies:
(A) One permanent Chairperson at the level of
Deputy Assistant Secretary or above from the following
agencies, to rotate every 2 years in an order to be
determined by the Administrator:
(i) The Department of Agriculture or the
Animal and Plant Health Inspection Service.
(ii) The Department of Health and Human
Services or the Centers for Disease Control and
Prevention.
(iii) The Department of the Interior or the
United States Fish and Wildlife Service.
(iv) The Department of State.
(v) The United States Agency for
International Development.
(vi) The National Security Council.
(B) At least 13 additional members, with at least 1
from each of the following agencies:
(i) The Centers for Disease Control and
Prevention.
(ii) The Department of Agriculture.
(iii) The Department of Defense.
(iv) The Department of State.
(v) The Environmental Protection Agency.
(vi) The National Science Foundation.
(vii) The National Institutes of Health.
(viii) The National Institute of Standards
and Technology.
(ix) The Office of Science and Technology
Policy.
(x) The United States Agency for
International Development.
(xi) The United States Fish and Wildlife
Service.
(xii) The Department of Homeland Security,
FEMA.
(xiii) United States Customs and Border
Protection.
(2) Timing of appointments.--Appointments to the Task Force
shall be made not later than 30 days after the date of the
enactment of this Act.
(3) Terms.--
(A) In general.--Each member shall be appointed for
a term of 2 years.
(B) Vacancies.--Any member appointed to fill a
vacancy occurring before the expiration of the term for
which the member's predecessor was appointed shall be
appointed only for the remainder of that term. A member
may serve after the expiration of that term until a
successor has been appointed.
(d) Meeting.--
(1) Initial meeting.--The Task Force shall hold its initial
meeting not later than 45 days after the final appointment of
all members under subsection (c)(2).
(2) Meetings.--
(A) In general.--The Task Force shall meet at the
call of the Chairperson.
(B) Quorum.--Eight members of the Task Force shall
constitute a quorum, but a lesser number may hold
hearings.
(e) Compensation.--
(1) Prohibition of compensation.--Except as provided in
paragraph (2), members of the Task Force may not receive
additional pay, allowances, or benefits by reason of their
service on the Task Force.
(2) Travel expenses.--Each member shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter I of
chapter 57 of title 5, United States Code.
(f) Reports.--
(1) Report to task force.--Not later than 6 months after
the date of the enactment of this Act and annually thereafter,
the Federal agencies listed in subsection (c) shall submit a
report to the Task Force containing a detailed statement with
respect to the results of any programming within their agencies
that addresses the goals of zoonotic spillover and disease
prevention.
(2) Report to congress.--Not later than 1 year after the
date of the enactment of this Act and annually thereafter, the
Task Force shall submit to the appropriate congressional
committees and the National Security Advisor a report
containing a detailed statement of the recommendations of the
Council pursuant to subsection (b).
(g) FACA.--Section 14(a)(2)(B) of the Federal Advisory Committee
Act shall not apply to the Task Force. This task force shall be
authorized for 7 years after the date of the enactment of this Act and
up to an additional 2 years at the discretion of the Task Force Chair.
SEC. 30809. RESERVATION OF RIGHTS.
Nothing in this title shall restrict or otherwise prohibit--
(1) legal and regulated hunting, fishing, or trapping
activities for subsistence, sport, or recreation; or
(2) the lawful domestic and international transport of
legally harvested fish or wildlife trophies.
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 term in section 2102 of title 5,
United States Code.
(3) Councils.--The term ``Councils'' means--
(A) the Chief Human Capital Officers Council
established under section 1303 of the Chief Human
Capital Officers Act of 2002 (5 U.S.C. 1401 note); and
(B) the Chief Information Officers Council
established under section 3603 of title 44, United
States Code.
(4) Cyber workforce position.--The term ``cyber workforce
position'' means a position identified as having information
technology, cybersecurity, or other cyber-related functions
under section 303 of the Federal Cybersecurity Workforce
Assessment Act of 2015 (5 U.S.C. 301 note).
(5) Director.--The term ``Director'' means the Director of
the Office of Personnel Management.
(6) Employee.--The term ``employee'' has the meaning given
the term in section 2105 of title 5, United States Code.
(7) Employing agency.--The term ``employing agency'' means
the agency from which an employee is detailed to a rotational
cyber workforce position.
(8) Excepted service.--The term ``excepted service'' has
the meaning given that term in section 2103 of title 5, United
States Code.
(9) Rotational cyber workforce position.--The term
``rotational cyber workforce position'' means a cyber workforce
position with respect to which a determination has been made
under subsection (b)(1).
(10) Rotational cyber workforce program.--The term
``rotational cyber workforce program'' means the program for
the detail of employees among rotational cyber workforce
positions at agencies.
(11) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(b) Rotational Cyber Workforce Positions.--
(1) Determination with respect to rotational service.--
(A) In general.--The head of each agency may
determine that a cyber workforce position in that
agency is eligible for the rotational cyber workforce
program, which shall not be construed to modify the
requirement under subsection (c)(2)(C) that
participation in the rotational cyber workforce program
by an employee shall be voluntary.
(B) Notice provided.--The head of an agency shall
submit to the Director--
(i) notice regarding any determination made
by the head of the agency under subparagraph
(A); and
(ii) for each position with respect to
which the head of the agency makes a
determination under subparagraph (A), the
information required under paragraph (2)(A).
(2) Preparation of list.--The Director, with assistance
from the Councils and the Secretary, shall develop a list of
rotational cyber workforce positions that--
(A) with respect to each such position, to the
extent that the information does not disclose sensitive
national security information, includes--
(i) the title of the position;
(ii) the occupational series with respect
to the position;
(iii) the grade level or work level with
respect to the position;
(iv) the agency in which the position is
located;
(v) the duty location with respect to the
position; and
(vi) the major duties and functions of the
position; and
(B) shall be used to support the rotational cyber
workforce program.
(3) Distribution of list.--Not less frequently than
annually, the Director shall distribute an updated list
developed under paragraph (2) to the head of each agency and
other appropriate entities.
(c) Rotational Cyber Workforce Program.--
(1) Operation plan.--
(A) In general.--Not later than 270 days after the
date of enactment of this section, and in consultation
with the Councils, the Secretary, representatives of
other agencies, and any other entity as the Director
determines appropriate, the Director shall develop and
issue a Federal Rotational Cyber Workforce Program
operation plan providing policies, processes, and
procedures for a program for the detailing of employees
among rotational cyber workforce positions at agencies,
which may be incorporated into and implemented through
mechanisms in existence on the date of enactment of
this section.
(B) Updating.--The Director may, in consultation
with the Councils, the Secretary, and other entities as
the Director determines appropriate, periodically
update the operation plan developed and issued under
subparagraph (A).
(2) Requirements.--The operation plan developed and issued
under paragraph (1) shall, at a minimum--
(A) identify agencies for participation in the
rotational cyber workforce program;
(B) establish procedures for the rotational cyber
workforce program, including--
(i) any training, education, or career
development requirements associated with
participation in the rotational cyber workforce
program;
(ii) any prerequisites or requirements for
participation in the rotational cyber workforce
program; and
(iii) appropriate rotational cyber
workforce program performance measures,
reporting requirements, employee exit surveys,
and other accountability devices for the
evaluation of the program;
(C) provide that participation in the rotational
cyber workforce program by an employee shall be
voluntary;
(D) provide that an employee shall be eligible to
participate in the rotational cyber workforce program
if the head of the employing agency of the employee, or
a designee of the head of the employing agency of the
employee, approves of the participation of the
employee;
(E) provide that the detail of an employee to a
rotational cyber workforce position under the
rotational cyber workforce program shall be on a
nonreimbursable basis;
(F) provide that agencies may agree to partner to
ensure that the employing agency of an employee that
participates in the rotational cyber workforce program
is able to fill the position vacated by the employee;
(G) require that an employee detailed to a
rotational cyber workforce position under the
rotational cyber workforce program, upon the end of the
period of service with respect to the detail, shall be
entitled to return to the position held by the
employee, or an equivalent position, in the employing
agency of the employee without loss of pay, seniority,
or other rights or benefits to which the employee would
have been entitled had the employee not been detailed;
(H) provide that discretion with respect to the
assignment of an employee under the rotational cyber
workforce program shall remain with the employing
agency of the employee;
(I) require that an employee detailed to a
rotational cyber workforce position under the
rotational cyber workforce program in an agency that is
not the employing agency of the employee shall have all
the rights that would be available to the employee if
the employee were detailed under a provision of law
other than this section from the employing agency to
the agency in which the rotational cyber workforce
position is located;
(J) provide that participation by an employee in
the rotational cyber workforce program shall not
constitute a change in the conditions of the employment
of the employee; and
(K) provide that an employee participating in the
rotational cyber workforce program shall receive
performance evaluations relating to service in the
rotational cyber workforce program in a participating
agency that are--
(i) prepared by an appropriate officer,
supervisor, or management official of the
employing agency, acting in coordination with
the supervisor at the agency in which the
employee is performing service in the
rotational cyber workforce position;
(ii) based on objectives identified in the
operation plan with respect to the employee;
and
(iii) based in whole or in part on the
contribution of the employee to the agency in
which the employee performed such service, as
communicated from that agency to the employing
agency of the employee.
(3) Program requirements for rotational service.--
(A) In general.--An employee serving in a cyber
workforce position in an agency may, with the approval
of the head of the agency, submit an application for
detail to a rotational cyber workforce position that
appears on the list developed under subsection (b)(2).
(B) OPM approval for certain positions.--An
employee serving in a position in the excepted service
may only be selected for a rotational cyber workforce
position that is in the competitive service with the
prior approval of the Office of Personnel Management,
in accordance with section 300.301 of title 5, Code of
Federal Regulations, or any successor thereto.
(C) Selection and term.--
(i) Selection.--The head of an agency shall
select an employee for a rotational cyber
workforce position under the rotational cyber
workforce program in a manner that is
consistent with the merit system principles
under section 2301(b) of title 5, United States
Code.
(ii) Term.--Except as provided in clause
(iii), and notwithstanding section 3341(b) of
title 5, United States Code, a detail to a
rotational cyber workforce position shall be
for a period of not less than 180 days and not
more than 1 year.
(iii) Extension.--The Chief Human Capital
Officer of the agency to which an employee is
detailed under the rotational cyber workforce
program may extend the period of a detail
described in clause (ii) for a period of 60
days unless the Chief Human Capital Officer of
the employing agency of the employee objects to
that extension.
(D) Written service agreements.--
(i) In general.--The detail of an employee
to a rotational cyber workforce position shall
be contingent upon the employee entering into a
written service agreement with the employing
agency under which the employee is required to
complete a period of employment with the
employing agency following the conclusion of
the detail that is equal in length to the
period of the detail.
(ii) Other agreements and obligations.--A
written service agreement under clause (i)
shall not supersede or modify the terms or
conditions of any other service agreement
entered into by the employee under any other
authority or relieve the obligations between
the employee and the employing agency under
such a service agreement. Nothing in this
clause prevents an employing agency from
terminating a service agreement entered into
under any other authority under the terms of
such agreement or as required by law or
regulation.
(d) Reporting by GAO.--Not later than the end of the third fiscal
year after the fiscal year in which the operation plan under subsection
(c)(1) is issued, the Comptroller General of the United States shall
submit to Congress a report assessing the operation and effectiveness
of the rotational cyber workforce program, which shall address, at a
minimum--
(1) the extent to which agencies have participated in the
rotational cyber workforce program, including whether the head
of each such participating agency has--
(A) identified positions within the agency that are
rotational cyber workforce positions;
(B) had employees from other participating agencies
serve in positions described in subparagraph (A); and
(C) had employees of the agency request to serve in
rotational cyber workforce positions under the
rotational cyber workforce program in participating
agencies, including a description of how many such
requests were approved; and
(2) the experiences of employees serving in rotational
cyber workforce positions under the rotational cyber workforce
program, including an assessment of--
(A) the period of service;
(B) the positions (including grade level and
occupational series or work level) held by employees
before completing service in a rotational cyber
workforce position under the rotational cyber workforce
program;
(C) the extent to which each employee who completed
service in a rotational cyber workforce position under
the rotational cyber workforce program achieved a
higher skill level, or attained a skill level in a
different area, with respect to information technology,
cybersecurity, or other cyber-related functions; and
(D) the extent to which service in rotational cyber
workforce positions has affected intra-agency and
interagency integration and coordination of cyber
practices, functions, and personnel management.
(e) Sunset.--Effective 5 years after the date of enactment of this
Act, this section is repealed.
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 intelligence-enabled technology (including
a classified technology)--
``(A) in use by the applicable department, agency,
or element, to protect the Nation from terrorism; or
``(B) that the applicable department, agency, or
element plans to evaluate, develop, acquire, retain, or
repurpose to protect the Nation from terrorism.
``(3) Data asset: public data asset.--The terms `data
asset' and `public data asset' have the meaning given those
terms in section 3502 of title 44, United States Code.''.
(b) Self-Assessment by Privacy and Civil Liberties Oversight
Board.--Not later than one year after the date of the enactment of this
Act, the Privacy and Civil Liberties Oversight Board under section 1061
of the Intelligence Reform and Terrorism Prevention Act of 2004 (42
U.S.C. 2000ee) shall provide to the appropriate committees (as
described in subsection (e) of such section) a self-assessment of any
change in authorities, resources, or organizational structure that may
be necessary to carry out the functions described in subsection (d) of
such section related to artificial intelligence-enabled technologies.
(c) Definition.--In this section, the term ``artificial
intelligence'' has the meaning given that term in section 238(g) of the
John S. McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 10 U.S.C. 2358 note).
(d) Effective Date.--Subsections (a) and (b), and the amendments
made by such subsections, shall take effect on the date that is one
year after the date of the enactment of this Act.
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.
SEC. 40104. INFLATION STUDY.
The Comptroller General shall, not later than 1 year after the date
of the enactment of this Act, conduct a study and submit to the
Congress a report that analyzes--
(1) the impacts of this Act and the amendments made by this
Act on inflation; and
(2) how all amounts appropriated pursuant to this Act are
spent.
SEC. 40105. GAO REPORT ON INFLATION.
Not later than 18 months after the date of the enactment of this
Act, the Comptroller General shall submit to Congress a report that
includes the following:
(1) An analysis of the effects of this Act on inflation for
the year after the date of the enactment of this Act.
(2) A projection for how this Act will affect inflation
during the second year following such date of enactment and for
every year thereafter for the next 8 years.
SEC. 40106. AMERICAN SECURITY DRONE ACT.
(a) Short Title.--This section may be cited as the ``American
Security Drone Act of 2022''.
(b) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional defense committees as defined
in section 101(a) of title 10, United States Code;
(B) the Committee on Science, Space, and
Technology, and the Committee on Transportation and
Infrastructure of the House of Representatives; and
(C) the Committee on Commerce, Science, and
Transportation of the Senate.
(2) Covered foreign entity.--The term ``covered foreign
entity'' means an entity included on a list developed and
maintained by the Federal Acquisition Security Council that
includes entities in the following categories:
(A) An entity included on the Consolidated
Screening List.
(B) Any entity that is subject to extrajudicial
direction from a foreign government, as determined by
the Secretary of Homeland Security.
(C) Any entity the Secretary of Homeland Security,
in coordination with the Director of National
Intelligence and the Secretary of Defense, determines
poses a national security risk.
(D) Any entity domiciled in the People's Republic
of China or subject to influence or control by the
Government of the People's Republic of China or the
Communist Party of the People's Republic of China, as
determined by the Secretary of Homeland Security.
(E) Any subsidiary or affiliate of an entity
described in subparagraphs (A) through (D).
(3) Executive agency.--The term ``executive agency'' has
the meaning given that term in section 133 of title 41, United
States Code.
(4) Unmanned aircraft system; uas.--Except as otherwise
provided, the terms ``unmanned aircraft system'' and ``UAS''
mean an unmanned aircraft and associated elements (consisting
of communication links and the components that control the
unmanned aircraft) that are required for the operator to
operate safely and efficiently in the national airspace system.
(c) Prohibition on Procurement of Unmanned Aircraft Systems From
Covered Foreign Entities.--
(1) In general.--Except as provided under paragraphs (2)
and (3), the head of an executive agency may not procure any
unmanned aircraft system that is manufactured, assembled,
designed, or patented by a covered foreign entity that are
required for the operator to operate safely and efficiently in
the national airspace system. The Federal Acquisition Security
Council, in coordination with the Secretary of Transportation,
shall develop and update a list of associated elements.
(2) Exemption.--The Secretary of Homeland Security, the
Secretary of Defense, and the Attorney General are exempt from
the restriction under paragraph (1) if the operation or
procurement--
(A) is for the sole purposes of research,
evaluation, training, testing, or analysis for--
(i) electronic warfare;
(ii) information warfare operations;
(iii) development of UAS or counter-UAS
technology;
(iv) counterterrorism or
counterintelligence activities; or
(v) Federal criminal investigations,
including forensic examinations; and
(B) is required in the national interest of the
United States.
(3) Waiver.--The head of an executive agency may waive the
prohibition under paragraph (1)--
(A) with the approval of the Secretary of Homeland
Security or the Secretary of Defense; and
(B) upon notification to Congress.
(d) Prohibition on Operation of Unmanned Aircraft Systems From
Covered Foreign Entities.--
(1) Prohibition.--
(A) In general.--Beginning on the date that is 2
years after the date of the enactment of this Act, an
executive agency may not operate an unmanned aircraft
system manufactured, assembled, designed, or patented
by a covered foreign entity.
(B) Applicability to contracted services.--The
prohibition under subparagraph (A) applies to any
unmanned aircraft systems that are being used by any
executive agency through the method of contracting for
the services of unmanned aircraft systems.
(2) Exemption.--The Secretary of Homeland Security, the
Secretary of Defense, and the Attorney General are exempt from
the restriction under paragraph (1) if the operation or
procurement--
(A) is for the sole purposes of research,
evaluation, training, testing, or analysis for--
(i) electronic warfare;
(ii) information warfare operations;
(iii) development of UAS or counter-UAS
technology;
(iv) counterterrorism or
counterintelligence activities; or
(v) Federal criminal investigations,
including forensic examinations; and
(B) is required in the national interest of the
United States.
(3) Waiver.--The head of an executive agency may waive the
prohibition under paragraph (1) on a case-by-case basis--
(A) with the approval of the Secretary of Homeland
Security or the Secretary of Defense; and
(B) upon notification to Congress.
(4) Regulations and guidance.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Homeland Security shall prescribe regulations or guidance to
implement this subsection.
(e) Prohibition on Use of Federal Funds for Purchases and Operation
of Unmanned Aircraft Systems From Covered Foreign Entities.--
(1) In general.--Beginning on the date that is 2 years
after the date of the enactment of this Act, except as provided
in paragraphs (2) and (3), Federal funds awarded through a
contract, grant, or cooperative agreement entered into on or
after such effective date, or otherwise made available, may not
be used--
(A) to purchase a unmanned aircraft system, or a
system to counter unmanned aircraft systems, that is
manufactured, assembled, designed, or patented by a
covered foreign entity; or
(B) in connection with the operation of such a
drone or unmanned aircraft system.
(2) Exemption.--An executive agency is exempt from the
restriction under paragraph (1) if the operation or procurement
is for the sole purposes of research, evaluation, training,
testing, or analysis, as determined by the Secretary of
Homeland Security, the Secretary of Defense, or the Attorney
General, for--
(A) electronic warfare;
(B) information warfare operations;
(C) development of UAS or counter-UAS technology;
(D) counterterrorism or counterintelligence
activities;
(E) Federal criminal investigations, including
forensic examinations; or
(F) the safe integration of UAS in the national
airspace (as determined in consultation with the
Secretary of Transportation); and
(G) is required in the national interest of the
United States.
(3) Waiver.--The head of an executive agency may waive the
prohibition under paragraph (1) on a case-by-case basis--
(A) with the approval of the Secretary of Homeland
Security or the Secretary of Defense; and
(B) upon notification to Congress.
(4) Regulations.--Not later than 180 days after the date of
the enactment of this Act, the Federal Acquisition Regulatory
Council shall prescribe regulations or guidance, as necessary,
to implement the requirements of this subsection relating to
Federal contracts.
(f) Prohibition on Use of Government-Issued Purchase Cards to
Purchase Unmanned Aircraft Systems From Covered Foreign Entities.--
Effective immediately, Government-issued Purchase Cards may not be used
to procure any unmanned aircraft system from a covered foreign entity.
(g) Management of Existing Inventories of Unmanned Aircraft Systems
From Covered Foreign Entities.--
(1) In general.--Effective immediately, all executive
agencies must account for existing inventories of unmanned
aircraft systems manufactured, assembled, designed, or patented
by a covered foreign entity in their personal property
accounting systems, regardless of the original procurement
cost, or the purpose of procurement due to the special
monitoring and accounting measures necessary to track the
items' capabilities.
(2) Classified tracking.--Due to the sensitive nature of
missions and operations conducted by the United States
Government, inventory data related to unmanned aircraft systems
manufactured, assembled, designed, or patented by a covered
foreign entity may be tracked at a classified level.
(3) Exceptions.--The Department of Defense and Department
of Homeland Security may exclude from the full inventory
process, unmanned aircraft systems that are deemed expendable
due to mission risk such as recovery issues or that are one-
time-use unmanned aircraft system due to requirements and low
cost.
(h) Comptroller General Report.--Not later than 275 days after the
date of the enactment of this Act, the Comptroller General of the
United States shall submit to Congress a report on the amount of
commercial off-the-shelf drones and unmanned aircraft systems procured
by Federal departments and agencies from covered foreign entities.
(i) Government-Wide Policy for Procurement of Unmanned Aircraft
Systems.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director of the Office of
Management and Budget, in coordination with the Department of
Homeland Security, Department of Transportation, the Department
of Justice, and other Departments as determined by the Director
of the Office of Management and Budget, and in consultation
with the National Institute of Standards and Technology, shall
establish a government-wide policy for the procurement of UAS--
(A) for non-Department of Defense and non-
intelligence community operations; and
(B) through grants and cooperative agreements
entered into with non-Federal entities.
(2) Information security.--The policy developed under
paragraph (1) shall include the following specifications, which
to the extent practicable, shall be based on industry standards
and technical guidance from the National Institute of Standards
and Technology, to address the risks associated with
processing, storing and transmitting Federal information in a
UAS:
(A) Protections to ensure controlled access of UAS.
(B) Protecting software, firmware, and hardware by
ensuring changes to UAS are properly managed, including
by ensuring UAS can be updated using a secure,
controlled, and configurable mechanism.
(C) Cryptographically securing sensitive collected,
stored, and transmitted data, including proper handling
of privacy data and other controlled unclassified
information.
(D) Appropriate safeguards necessary to protect
sensitive information, including during and after use
of UAS.
(E) Appropriate data security to ensure that data
is not transmitted to or stored in non-approved
locations.
(F) The ability to opt out of the uploading,
downloading, or transmitting of data that is not
required by law or regulation and an ability to choose
with whom and where information is shared when it is
required.
(3) Requirement.--The policy developed under paragraph (1)
shall reflect an appropriate risk-based approach to information
security related to use of UAS.
(4) Revision of acquisition regulations.--Not later than
180 days after the date on which the policy required under
paragraph (1) is issued--
(A) the Federal Acquisition Regulatory Council
shall revise the Federal Acquisition Regulation, as
necessary, to implement the policy; and
(B) any executive agency or other Federal entity
not subject to, or not subject solely to, the Federal
Acquisition Regulation shall revise applicable policy,
guidance, or regulations, as necessary, to implement
the policy.
(5) Exemption.--In developing the policy required under
paragraph (1), the Director of the Office of Management and
Budget shall incorporate an exemption to the policy for the
following reasons:
(A) In the case of procurement for the purposes of
training, testing or analysis for--
(i) electronic warfare; or
(ii) information warfare operations.
(B) In the case of researching UAS technology,
including testing, evaluation, research, or development
of technology to counter UAS.
(C) In the case of a head of the procuring
executive agency determining, in writing, that no
product that complies with the information security
requirements described in paragraph (2) is capable of
fulfilling mission critical performance requirements,
and such determination--
(i) may not be delegated below the level of
the Deputy Secretary of the procuring executive
agency;
(ii) shall specify--
(I) the quantity of end items to
which the waiver applies, the
procurement value of which may not
exceed $50,000 per waiver; and
(II) the time period over which the
waiver applies, which shall not exceed
3 years;
(iii) shall be reported to the Office of
Management and Budget following issuance of
such a determination; and
(iv) not later than 30 days after the date
on which the determination is made, shall be
provided to the Committee on Homeland Security
and Government Affairs of the Senate and the
Committee on Oversight and Reform of the House
of Representatives.
(j) Study on the Supply Chain for Unmanned Aircraft Systems and
Components.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the Under Secretary of
Defense for Acquisition and Sustainment, in consultation with
the Administrator of the National Aeronautics and Space
Administration, shall provide to the appropriate congressional
committees a report on the supply chain for covered unmanned
aircraft systems, including a discussion of current and
projected future demand for covered unmanned aircraft systems.
(2) Elements.--The report under paragraph (1) shall include
the following:
(A) A description of the current and future global
and domestic market for covered unmanned aircraft
systems that are not widely commercially available
except from a covered foreign entity.
(B) A description of the sustainability,
availability, cost, and quality of secure sources of
covered unmanned aircraft systems domestically and from
sources in allied and partner countries.
(C) The plan of the Secretary of Defense to address
any gaps or deficiencies identified in subparagraph
(B), including through the use of funds available under
the Defense Production Act of 1950 (50 U.S.C. 4501 et
seq.) and partnerships with the National Aeronautics
and Space Administration and other interested persons.
(D) Such other information as the Under Secretary
of Defense for Acquisition and Sustainment determines
to be appropriate.
(3) Covered unmanned aircraft system defined.--In this
subsection, the term ``covered unmanned aircraft system'' means
an unmanned aircraft system (as defined in subsection (b)) and
any components of such a system.
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) Covered items may only be supplied pursuant
to subparagraph (A) to the extent that United States
entities that qualify as small business concerns are
unable to manufacture covered items that meet the
criteria identified in subparagraph (C).
``(C) Each contractor with respect to the
procurement of such a covered item, including the end-
item manufacturer of such a covered item--
``(i) is an entity registered with the
System for Award Management (or successor
system) administered by the General Services
Administration; and
``(ii) is in compliance with ISO 9001:2015
of the International Organization for
Standardization (or successor standard) or a
standard determined appropriate by the
Secretary to ensure the quality of products and
adherence to applicable statutory and
regulatory requirements.
``(D) Each supplier of such a covered item with an
insignia (such as any patch, badge, or emblem) and each
supplier of such an insignia, if such covered item with
such insignia or such insignia, as the case may be, is
not produced, applied, or assembled in the United
States, shall--
``(i) store such covered item with such
insignia or such insignia in a locked area;
``(ii) report any pilferage or theft of
such covered item with such insignia or such
insignia occurring at any stage before delivery
of such covered item with such insignia or such
insignia; and
``(iii) destroy any such defective or
unusable covered item with insignia or insignia
in a manner established by the Secretary, and
maintain records, for three years after the
creation of such records, of such destruction
that include the date of such destruction, a
description of the covered item with insignia
or insignia destroyed, the quantity of the
covered item with insignia or insignia
destroyed, and the method of destruction.
``(2) Waiver.--
``(A) In general.--In the case of a national
emergency declared by the President under the National
Emergencies Act (50 U.S.C. 1601 et seq.) or a major
disaster declared by the President under section 401 of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170), the Secretary may
waive criteria specified in subparagraph (A), (B) or
(C) of paragraph (1) if the Secretary determines there
is an insufficient supply of a covered item that
satisfies such criteria.
``(B) Notice.--Not later than 60 days after the
date on which the Secretary determines a waiver under
subparagraph (A) is necessary, the Secretary shall
provide to the Committee on Homeland Security and
Governmental Affairs and the Committee on
Appropriations of the Senate and the Committee on
Homeland Security, the Committee on Oversight and
Reform, and the Committee on Appropriations of the
House of Representatives notice of such determination,
which shall include--
``(i) identification of the national
emergency or major disaster at issue declared
by the President;
``(ii) identification of the covered item
for which the Secretary intends to issue the
waiver; and
``(iii) a description of the demand for the
covered item and corresponding lack of supply
from contractors able to satisfy criteria
specified in subparagraph (B) or (C) of
paragraph (1).
``(c) Pricing.--The Secretary shall ensure that covered items are
purchased at a fair and reasonable price, consistent with the
procedures and guidelines specified in the Federal Acquisition
Regulation.
``(d) Report.--Not later than one year after the date of enactment
of this section and annually thereafter, the Secretary shall provide to
the Committee on Homeland Security, the Committee on Oversight and
Reform, and the Committee on Appropriations of the House of
Representatives, and the Committee on Homeland Security and
Governmental Affairs and the Committee on Appropriations of the Senate
a briefing on instances in which vendors have failed to meet deadlines
for delivery of covered items and corrective actions taken by the
Department in response to such instances.
``(e) Effective Date.--This section applies with respect to a
contract entered into by the Department or any frontline operational
component on or after the date that is 180 days after the date of the
enactment of this section.''.
(b) Study.--
(1) In general.--Not later than 18 months after the date of
the enactment of this Act, the Secretary of Homeland Security
shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives a study of
the adequacy of uniform allowances provided to employees of
frontline operational components (as such term is defined in
section 836 of the Homeland Security Act of 2002, as added by
subsection (a)).
(2) Requirements.--The study conducted under paragraph (1)
shall--
(A) be informed by a Department-wide survey of
employees from across the Department of Homeland
Security who receive uniform allowances that seeks to
ascertain what, if any, improvements could be made to
the current uniform allowances and what, if any,
impacts current allowances have had on employee morale
and retention;
(B) assess the adequacy of the most recent increase
made to the uniform allowance for first year employees;
and
(C) consider increasing by 50 percent, at minimum,
the annual allowance for all other employees.
(c) Additional Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Homeland Security
shall provide a report with recommendations on how the
Department of Homeland Security could procure additional items
from domestic sources and bolster the domestic supply chain for
items related to national security to--
(A) the Committee on Homeland Security and
Governmental Affairs and the Committee on
Appropriations of the Senate; and
(B) the Committee on Homeland Security, the
Committee on Oversight and Reform, and the Committee on
Appropriations of the House of Representatives.
(2) Contents.--The report required under paragraph (1)
shall include the following:
(A) A review of the compliance of the Department of
Homeland Security with the requirements under section
604 of title VI of division A of the American Recovery
and Reinvestment Act of 2009 (6 U.S.C. 453b) to buy
certain items related to national security interests
from sources in the United States.
(B) An assessment of the capacity of the Department
of Homeland Security to procure the following items
from domestic sources:
(i) Personal protective equipment and other
items necessary to respond to a pandemic such
as that caused by COVID-19.
(ii) Helmets that provide ballistic
protection and other head protection and
components.
(iii) Rain gear, cold weather gear, and
other environmental and flame resistant
clothing.
(d) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135)
is amended by inserting after the item relating to section 835 the
following new item:
``Sec. 836. Requirements to buy certain items related to national
security interests.''.
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 No. 14208 (86 Fed.
Reg. 26633; relating to improving the nation's cybersecurity);
and
(4) any recommendations relating to improving the supply
chain with respect to covered contracts.
(i) Definitions.--In this section:
(1) Bill of materials.--The term ``bill of materials''
means a list of the parts and components (whether new or
reused) of an end product or service, including, with respect
to each part and component, information relating to the origin,
composition, integrity, and any other information as determined
appropriate by the Under Secretary.
(2) Covered contract.--The term ``covered contract'' means
a contract relating to the procurement of covered information
and communications technology or services for the Department of
Homeland Security.
(3) Covered information and communications technology or
services.--The term ``covered information and communications
technology or services'' means the terms--
(A) ``information technology'' (as such term is
defined in section 11101(6) of title 40, United States
Code);
(B) ``information system'' (as such term is defined
in section 3502(8) of title 44, United States Code);
(C) ``telecommunications equipment'' (as such term
is defined in section 3(52) of the Communications Act
of 1934 (47 U.S.C. 153(52))); and
(D) ``telecommunications service'' (as such term is
defined in section 3(53) of the Communications Act of
1934 (47 U.S.C. 153(53))).
(4) Covered officer.--The term ``covered officer'' means--
(A) a contracting officer of the Department of
Homeland Security; and
(B) any other official of the Department as
determined appropriate by the Under Secretary.
(5) Software.--The term ``software'' means computer
programs and associated data that may be dynamically written or
modified during execution.
(6) Under secretary.--The term ``Under Secretary'' means
the Under Secretary for Management of the Department of
Homeland Security.
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.
``(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.
(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).
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.
SEC. 50106. REPORT ON CURRENT STANDARDS AND GUIDELINES FOR MANAGING
PORTS OF ENTRY UNDER THE CONTROL OF THE DEPARTMENT OF
HOMELAND SECURITY.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Homeland Security, in coordination with the
Secretary of Commerce, shall submit to the Committee on Homeland
Security of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs a report that contains an assessment
of the current standards and guidelines for managing ports of entry
under the control of the Department of Homeland Security. Such
assessment shall include information relating to the following:
(1) Staffing levels and need for additional staffing.
(2) Rules governing the actions of Office of Field
Operations officers.
(3) Average delays for transit through air, land, and sea
ports of entry.
(4) Assessment of existing efforts and technologies used
for border security, and the effect of the use of such efforts
and technologies on facilitating trade at ports of entry and
their impact on civil rights, private property rights, privacy
rights, and civil liberties.
(5) Economic impact of the policies and practices of CBP
Agricultural Specialists and Office of Field Operations
personnel.
(6) Physical infrastructure and technological needs at
ports of entry.
(7) Data reflecting the specific needs of geographically
separate ports of entry within the same U.S. Border Patrol
sector.
SEC. 50107. IMPROVING CYBERSECURITY OF SMALL ENTITIES.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Small Business Administration.
(2) Annual cybersecurity report; small business; small
entity; small governmental jurisdiction; small organization.--
The terms ``annual cybersecurity report'', ``small business'',
``small entity'', ``small governmental jurisdiction'', and
``small organization'' have the meanings given those terms in
section 2220D of the Homeland Security Act of 2002, as added by
subsection (b).
(3) CISA.--The term ``CISA'' means the Cybersecurity and
Infrastructure Security Agency.
(4) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(b) Annual Report.--
(1) Amendment.--Subtitle A of title XXII of the Homeland
Security Act of 2002 (6 U.S.C. 651 et seq.) is amended by
adding at the end the following:
``SEC. 2220D. ANNUAL CYBERSECURITY REPORT FOR SMALL ENTITIES.
``(a) Definitions.--
``(1) Administration.--The term `Administration' means the
Small Business Administration.
``(2) Administrator.--The term `Administrator' means the
Administrator of the Administration.
``(3) Annual cybersecurity report.--The term `annual
cybersecurity report' means the annual cybersecurity report
published and promoted under subsections (b) and (c),
respectively.
``(4) Commission.--The term `Commission' means the Federal
Trade Commission.
``(5) Electronic device.--The term `electronic device'
means any electronic equipment that is--
``(A) used by an employee or contractor of a small
entity for the purpose of performing work for the small
entity;
``(B) capable of connecting to the internet or
another communication network; and
``(C) capable of sending, receiving, or processing
personal information.
``(6) NIST.--The term `NIST' means the National Institute
of Standards and Technology.
``(7) Small business.--The term `small business' has the
meaning given the term `small business concern' under section 3
of the Small Business Act (15 U.S.C. 632).
``(8) Small entity.--The term `small entity' means--
``(A) a small business;
``(B) a small governmental jurisdiction; and
``(C) a small organization.
``(9) Small governmental jurisdiction.--The term `small
governmental jurisdiction' means governments of cities,
counties, towns, townships, villages, school districts, or
special districts with a population of less than 50,000.
``(10) Small organization.--The term `small organization'
means any not-for-profit enterprise that is independently owned
and operated and is not dominant in its field.
``(b) Annual Cybersecurity Report.--
``(1) In general.--Not later than 180 days after the date
of enactment of this section, and not less frequently than
annually thereafter, the Director shall publish a report for
small entities that documents and promotes evidence-based
cybersecurity policies and controls for use by small entities,
which shall--
``(A) include basic controls that have the most
impact in protecting small entities against common
cybersecurity threats and risks;
``(B) include protocols and policies to address
common cybersecurity threats and risks posed by
electronic devices, regardless of whether the
electronic devices are--
``(i) issued by the small entity to
employees and contractors of the small entity;
or
``(ii) personal to the employees and
contractors of the small entity; and
``(C) recommend, as practicable--
``(i) measures to improve the cybersecurity
of small entities; and
``(ii) configurations and settings for some
of the most commonly used software that can
improve the cybersecurity of small entities.
``(2) Existing recommendations.--The Director shall ensure
that each annual cybersecurity report published under paragraph
(1) incorporates--
``(A) cybersecurity resources developed by NIST, as
required by the NIST Small Business Cybersecurity Act
(Public Law 115-236); and
``(B) the most recent version of the Cybersecurity
Framework, or successor resource, maintained by NIST.
``(3) Consideration for specific types of small entities.--
The Director may include and prioritize the development of
cybersecurity recommendations, as required under paragraph (1),
appropriate for specific types of small entities in addition to
recommendations applicable for all small entities.
``(4) Consultation.--In publishing the annual cybersecurity
report under paragraph (1), the Director shall, to the degree
practicable and as appropriate, consult with--
``(A) the Administrator, the Secretary of Commerce,
the Commission, and the Director of NIST;
``(B) small entities, insurers, State governments,
companies that work with small entities, and academic
and Federal and non-Federal experts in cybersecurity;
and
``(C) any other entity as determined appropriate by
the Director.
``(c) Promotion of Annual Cybersecurity Report for Small
Businesses.--
``(1) Publication.--The annual cybersecurity report, and
previous versions of the report as appropriate, published under
subsection (b)(1) shall be--
``(A) made available, prominently and free of
charge, on the public website of the Agency; and
``(B) linked to from relevant portions of the
websites of the Administration and the Minority
Business Development Agency, as determined by the
Administrator and the Director of the Minority Business
Development Agency, respectively.
``(2) Promotion generally.--The Director, the
Administrator, and the Secretary of Commerce shall, to the
degree practicable, promote the annual cybersecurity report
through relevant resources that are intended for or known to be
regularly used by small entities, including agency documents,
websites, and events.
``(d) Training and Technical Assistance.--The Director, the
Administrator, and the Director of the Minority Business Development
Agency shall make available to employees of small entities voluntary
training and technical assistance on how to implement the
recommendations of the annual cybersecurity report.''.
(2) Technical and conforming amendment.--The table of
contents in section 1(b) of the Homeland Security Act of 2002
(Public 107-296; 116 Stat. 2135) is amended by inserting after
the item relating to section 2220C the following:
``Sec. 2220D. Annual cybersecurity report for small entities.''.
(c) Report to Congress.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter for 10 years,
the Secretary shall submit to Congress a report describing
methods to improve the cybersecurity of small entities,
including through the adoption of policies, controls, and
classes of products and services that have been demonstrated to
reduce cybersecurity risk.
(2) Matters to be included.--The report required under
paragraph (1) shall--
(A) identify barriers or challenges for small
entities in purchasing or acquiring classes of products
and services that promote the cybersecurity of small
entities;
(B) assess market availability, market pricing, and
affordability of classes of products and services that
promote the cybersecurity of small entities, with
particular attention to identifying high-risk and
underserved sectors or regions;
(C) estimate the costs and benefits of policies
that promote the cybersecurity of small entities,
including--
(i) tax breaks;
(ii) grants and subsidies; and
(iii) other incentives as determined
appropriate by the Secretary;
(D) describe evidence-based cybersecurity controls
and policies that improve the cybersecurity of small
entities;
(E) with respect to the incentives described in
subparagraph (C), recommend measures that can
effectively improve cybersecurity at scale for small
entities; and
(F) include any other matters as the Secretary
determines relevant.
(3) Specific sectors of small entities.--In preparing the
report required under paragraph (1), the Secretary may include
matters applicable for specific sectors of small entities in
addition to matters applicable to all small entities.
(4) Consultation.--In preparing the report required under
paragraph (1), the Secretary shall consult with--
(A) the Administrator, the Director of CISA, and
the Commission; and
(B) small entities, insurers of risks related to
cybersecurity, State governments, cybersecurity and
information technology companies that work with small
entities, and academic and Federal and non-Federal
experts in cybersecurity.
(d) Rule of Construction.--Nothing in this section or the
amendments made by this section shall be construed to provide any
additional regulatory authority to CISA.
SEC. 50108. CRITICAL TECHNOLOGY SECURITY CENTERS.
(a) Critical Technology Security Centers.--Title III of the
Homeland Security Act of 2002 (6 U.S.C. 181 et seq.) is amended by
adding at the end the following new section:
``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 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.''.
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 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 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 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) Information relating to the impacts of existing
United States and multilateral laws, regulations, and
sanctions, including environmental and public health
impacts of natural resources exploitation.
(D) Any recommendations to Congress regarding
legislative or regulatory improvements necessary to
support the identification and disruption of Chinese-
supported illicit financial networks in Afghanistan.
(3) Form.--The report under paragraph (1) may include a
classified annex.
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
``(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, the Chairman and Ranking Member of the
Committee on Energy and Commerce of the House of Representatives, and
the Chairman and Ranking Member of the Committee on Banking, Housing,
and Urban Affairs of the Senate.''.
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.--
``(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 CFR part 700) shall be revised to
reflect the requirements of subsection (a).
(2) FAR.--Not later than 30 days after the revisions
required by paragraph (1) are made, the Federal Acquisition
Regulation shall be revised to reflect the requirements of
subsection (a), consistent with the revisions made pursuant to
paragraph (1).
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.
(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.
TITLE XI--AFGHAN TRADE ZONES FOR LICIT TRADE
SEC. 61101. STUDY AND REPORT ON FEASIBILITY OF ESTABLISHMENT AND
IMPLEMENTATION OF AFGHAN TRADE ZONES FOR LICIT TRADE.
(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.
TITLE XII--INTERAGENCY TASK FORCE TO ADDRESS CHINESE MARKET
MANIPULATION IN THE UNITED STATES
SEC. 61201. ESTABLISHMENT OF INTERAGENCY TASK FORCE TO ADDRESS CHINESE
MARKET MANIPULATION IN THE UNITED STATES.
(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. 61202. EXPANSION OF STUDY AND STRATEGY ON MONEY LAUNDERING BY THE
PEOPLE'S REPUBLIC OF CHINA TO INCLUDE RISKS OF
CONTRIBUTING TO CORRUPTION.
(a) In General.--Section 6507 of the Anti-Money Laundering Act of
2020 (division F of Public Law 116-283) is amended--
(1) in subsection (a)--
(A) in paragraph (3), by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (4), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(5) the ways in which such increased illicit finance
risks may contribute to corruption involving Chinese firms and
a strategy to combat such corruption.''; and
(2) in subsection (b), by inserting ``and corruption''
after ``activities''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect as if included in the enactment of the Anti-Money
Laundering Act of 2020 (division F of Public Law 116-283).
TITLE XIII--DISCLOSURE REQUIREMENTS RELATING TO CERTAIN EXEMPTED
TRANSACTIONS
SEC. 61301. IN GENERAL.
(a) Amendment.--The Securities Exchange Act of 1934 is amended by
inserting after section 13A (15 U.S.C. 78m-1) the following:
``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.
TITLE XIV--SAFE BANKING
SEC. 61401. SHORT TITLE; TABLE OF CONTENTS; PURPOSE.
(a) Short Title.--This title may be cited as the ``Secure And Fair
Enforcement Banking Act of 2022'' or the ``SAFE Banking Act of 2022''.
(b) Table of Contents.--The table of contents for this title is as
follows:
TITLE XIV--SAFE BANKING
Sec. 61401. Short title; table of contents; purpose.
Sec. 61402. Safe harbor for depository institutions.
Sec. 61403. Protections for ancillary businesses.
Sec. 61404. Protections under Federal law.
Sec. 61405. Rules of construction.
Sec. 61406. Requirements for filing suspicious activity reports.
Sec. 61407. Guidance and examination procedures.
Sec. 61408. Annual diversity and inclusion report.
Sec. 61409. GAO study on diversity and inclusion.
Sec. 61410. GAO study on effectiveness of certain reports on finding
certain persons.
Sec. 61411. Application of this title with respect to hemp-related
legitimate businesses and hemp-related
service providers.
Sec. 61412. Banking services for hemp-related legitimate businesses and
hemp-related service providers.
Sec. 61413. Requirements for deposit account termination requests and
orders.
Sec. 61414. Definitions.
Sec. 61415. Discretionary surplus funds.
(c) Purpose.--The purpose of this title is to increase public
safety by ensuring access to financial services to cannabis-related
legitimate businesses and service providers and reducing the amount of
cash at such businesses.
SEC. 61402. SAFE HARBOR FOR DEPOSITORY INSTITUTIONS.
(a) In General.--A Federal banking regulator may not--
(1) terminate or limit the deposit insurance or
share insurance of a depository institution under the
Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.),
the Federal Credit Union Act (12 U.S.C. 1751 et seq.),
or take any other adverse action against a depository
institution under section 8 of the Federal Deposit
Insurance Act (12 U.S.C. 1818) solely because the
depository institution provides or has provided
financial services to a cannabis-related legitimate
business or service provider;
(2) prohibit, penalize, or otherwise discourage a
depository institution from providing financial
services to a cannabis-related legitimate business or
service provider or to a State, political subdivision
of a State, or Indian Tribe that exercises jurisdiction
over cannabis-related legitimate businesses;
(3) recommend, incentivize, or encourage a
depository institution not to offer financial services
to an account holder, or to downgrade or cancel the
financial services offered to an account holder solely
because--
(A) the account holder is a cannabis-
related legitimate business or service
provider, or is an employee, owner, or operator
of a cannabis-related legitimate business or
service provider;
(B) the account holder later becomes an
employee, owner, or operator of a cannabis-
related legitimate business or service
provider; or
(C) the depository institution was not
aware that the account holder is an employee,
owner, or operator of a cannabis-related
legitimate business or service provider;
(4) take any adverse or corrective supervisory
action on a loan made to--
(A) a cannabis-related legitimate business
or service provider, solely because the
business is a cannabis-related legitimate
business or service provider;
(B) an employee, owner, or operator of a
cannabis-related legitimate business or service
provider, solely because the employee, owner,
or operator is employed by, owns, or operates a
cannabis-related legitimate business or service
provider, as applicable; or
(C) an owner or operator of real estate or
equipment that is leased to a cannabis-related
legitimate business or service provider, solely
because the owner or operator of the real
estate or equipment leased the equipment or
real estate to a cannabis-related legitimate
business or service provider, as applicable; or
(5) prohibit or penalize a depository institution
(or entity performing a financial service for or in
association with a depository institution) for, or
otherwise discourage a depository institution (or
entity performing a financial service for or in
association with a depository institution) from,
engaging in a financial service for a cannabis-related
legitimate business or service provider.
(b) Safe Harbor Applicable to De Novo Institutions.--Subsection (a)
shall apply to an institution applying for a depository institution
charter to the same extent as such subsection applies to a depository
institution.
SEC. 61403. PROTECTIONS FOR ANCILLARY BUSINESSES.
For the purposes of sections 1956 and 1957 of title 18, United
States Code, and all other provisions of Federal law, the proceeds from
a transaction involving activities of a cannabis-related legitimate
business or service provider shall not be considered proceeds from an
unlawful activity solely because--
(1) the transaction involves proceeds from a cannabis-
related legitimate business or service provider; or
(2) the transaction involves proceeds from--
(A) cannabis-related activities described in
section 61414(4)(B) conducted by a cannabis-related
legitimate business; or
(B) activities described in section 61414(13)(A)
conducted by a service provider.
SEC. 61404. PROTECTIONS UNDER FEDERAL LAW.
(a) In General.--With respect to providing a financial service to a
cannabis-related legitimate business (where such cannabis-related
legitimate business operates within a State, political subdivision of a
State, or Indian country that allows the cultivation, production,
manufacture, sale, transportation, display, dispensing, distribution,
or purchase of cannabis pursuant to a law or regulation of such State,
political subdivision, or Indian Tribe that has jurisdiction over the
Indian country, as applicable) or a service provider (wherever
located), a depository institution, entity performing a financial
service for or in association with a depository institution, or insurer
that provides a financial service to a cannabis-related legitimate
business or service provider, and the officers, directors, and
employees of that depository institution, entity, or insurer may not be
held liable pursuant to any Federal law or regulation--
(1) solely for providing such a financial service; or
(2) for further investing any income derived from such a
financial service.
(b) Protections for Federal Reserve Banks and Federal Home Loan
Banks.--With respect to providing a service to a depository institution
that provides a financial service to a cannabis-related legitimate
business (where such cannabis-related legitimate business operates
within a State, political subdivision of a State, or Indian country
that allows the cultivation, production, manufacture, sale,
transportation, display, dispensing, distribution, or purchase of
cannabis pursuant to a law or regulation of such State, political
subdivision, or Indian Tribe that has jurisdiction over the Indian
country, as applicable) or service provider (wherever located), a
Federal reserve bank or Federal Home Loan Bank, and the officers,
directors, and employees of the Federal reserve bank or Federal Home
Loan Bank, may not be held liable pursuant to any Federal law or
regulation--
(1) solely for providing such a service; or
(2) for further investing any income derived from such a
service.
(c) Protections for Insurers.--With respect to engaging in the
business of insurance within a State, political subdivision of a State,
or Indian country that allows the cultivation, production, manufacture,
sale, transportation, display, dispensing, distribution, or purchase of
cannabis pursuant to a law or regulation of such State, political
subdivision, or Indian Tribe that has jurisdiction over the Indian
country, as applicable, an insurer that engages in the business of
insurance with a cannabis-related legitimate business or service
provider or who otherwise engages with a person in a transaction
permissible under State law related to cannabis, and the officers,
directors, and employees of that insurer may not be held liable
pursuant to any Federal law or regulation--
(1) solely for engaging in the business of insurance; or
(2) for further investing any income derived from the
business of insurance.
(d) Forfeiture.--
(1) Depository institutions.--A depository institution that
has a legal interest in the collateral for a loan or another
financial service provided to an owner, employee, or operator
of a cannabis-related legitimate business or service provider,
or to an owner or operator of real estate or equipment that is
leased or sold to a cannabis-related legitimate business or
service provider, shall not be subject to criminal, civil, or
administrative forfeiture of that legal interest pursuant to
any Federal law for providing such loan or other financial
service.
(2) Federal reserve banks and federal home loan banks.--A
Federal reserve bank or Federal Home Loan Bank that has a legal
interest in the collateral for a loan or another financial
service provided to a depository institution that provides a
financial service to a cannabis-related legitimate business or
service provider, or to an owner or operator of real estate or
equipment that is leased or sold to a cannabis-related
legitimate business or service provider, shall not be subject
to criminal, civil, or administrative forfeiture of that legal
interest pursuant to any Federal law for providing such loan or
other financial service.
SEC. 61405. RULES OF CONSTRUCTION.
(a) No Requirement to Provide Financial Services.--Nothing in this
title shall require a depository institution, entity performing a
financial service for or in association with a depository institution,
or insurer to provide financial services to a cannabis-related
legitimate business, service provider, or any other business.
(b) General Examination, Supervisory, and Enforcement Authority.--
Nothing in this title may be construed in any way as limiting or
otherwise restricting the general examination, supervisory, and
enforcement authority of the Federal banking regulators, provided that
the basis for any supervisory or enforcement action is not the
provision of financial services to a cannabis-related legitimate
business or service provider.
(c) Business of Insurance.--Nothing in this title shall interfere
with the regulation of the business of insurance in accordance with the
Act of March 9, 1945 (59 Stat. 33, chapter 20; 15 U.S.C. 1011 et seq.)
(commonly known as the ``McCarran-Ferguson Act'') and the Dodd-Frank
Wall Street Reform and Consumer Protection Act (12 U.S.C. 5301 et
seq.).
SEC. 61406. REQUIREMENTS FOR FILING SUSPICIOUS ACTIVITY REPORTS.
Section 5318(g) of title 31, United States Code, is amended by
adding at the end the following:
``(5) Requirements for cannabis-related legitimate
businesses.--
``(A) In general.--With respect to a financial
institution or any director, officer, employee, or
agent of a financial institution that reports a
suspicious transaction pursuant to this subsection, if
the reason for the report relates to a cannabis-related
legitimate business or service provider, the report
shall comply with appropriate guidance issued by the
Financial Crimes Enforcement Network. Not later than
the end of the 180-day period beginning on the date of
enactment of this paragraph, the Secretary shall update
the February 14, 2014, guidance titled `BSA
Expectations Regarding Marijuana-Related Businesses'
(FIN-2014-G001) to ensure that the guidance is
consistent with the purpose and intent of the SAFE
Banking Act of 2022 and does not significantly inhibit
the provision of financial services to a cannabis-
related legitimate business or service provider in a
State, political subdivision of a State, or Indian
country that has allowed the cultivation, production,
manufacture, transportation, display, dispensing,
distribution, sale, or purchase of cannabis pursuant to
law or regulation of such State, political subdivision,
or Indian Tribe that has jurisdiction over the Indian
country.
``(B) Definitions.--For purposes of this paragraph:
``(i) Cannabis.--The term `cannabis' has
the meaning given the term `marihuana' in
section 102 of the Controlled Substances Act
(21 U.S.C. 802).
``(ii) Cannabis-related legitimate
business.--The term `cannabis-related
legitimate business' has the meaning given that
term in section 61414 of the SAFE Banking Act
of 2022.
``(iii) Indian country.--The term `Indian
country' has the meaning given that term in
section 1151 of title 18.
``(iv) Indian tribe.--The term `Indian
Tribe' has the meaning given that term in
section 102 of the Federally Recognized Indian
Tribe List Act of 1994 (25 U.S.C. 479a).
``(v) Financial service.--The term
`financial service' has the meaning given that
term in section 61414 of the SAFE Banking Act
of 2022.
``(vi) Service provider.--The term `service
provider' has the meaning given that term in
section 61414 of the SAFE Banking Act of 2022.
``(vii) State.--The term `State' means each
of the several States, the District of
Columbia, the Commonwealth of Puerto Rico, and
any territory or possession of the United
States.''.
SEC. 61407. GUIDANCE AND EXAMINATION PROCEDURES.
Not later than 180 days after the date of enactment of this Act,
the Financial Institutions Examination Council shall develop uniform
guidance and examination procedures for depository institutions that
provide financial services to cannabis-related legitimate businesses
and service providers.
SEC. 61408. ANNUAL DIVERSITY AND INCLUSION REPORT.
The Federal banking regulators shall issue an annual report to
Congress containing--
(1) information and data on the availability of access to
financial services for minority-owned and women-owned cannabis-
related legitimate businesses; and
(2) any regulatory or legislative recommendations for
expanding access to financial services for minority-owned and
women-owned cannabis-related legitimate businesses.
SEC. 61409. GAO STUDY ON DIVERSITY AND INCLUSION.
(a) Study.--The Comptroller General of the United States shall
carry out a study on the barriers to marketplace entry, including in
the licensing process, and the access to financial services for
potential and existing minority-owned and women-owned cannabis-related
legitimate businesses.
(b) Report.--The Comptroller General shall issue a report to the
Congress--
(1) containing all findings and determinations made in
carrying out the study required under subsection (a); and
(2) containing any regulatory or legislative
recommendations for removing barriers to marketplace entry,
including in the licensing process, and expanding access to
financial services for potential and existing minority-owned
and women-owned cannabis-related legitimate businesses.
SEC. 61410. GAO STUDY ON EFFECTIVENESS OF CERTAIN REPORTS ON FINDING
CERTAIN PERSONS.
Not later than 2 years after the date of the enactment of this Act,
the Comptroller General of the United States shall carry out a study on
the effectiveness of reports on suspicious transactions filed pursuant
to section 5318(g) of title 31, United States Code, at finding
individuals or organizations suspected or known to be engaged with
transnational criminal organizations and whether any such engagement
exists in a State, political subdivision, or Indian Tribe that has
jurisdiction over Indian country that allows the cultivation,
production, manufacture, sale, transportation, display, dispensing,
distribution, or purchase of cannabis. The study shall examine reports
on suspicious transactions as follows:
(1) During the period of 2014 until the date of the
enactment of this Act, reports relating to marijuana-related
businesses.
(2) During the 1-year period after date of the enactment of
this Act, reports relating to cannabis-related legitimate
businesses.
SEC. 61411. APPLICATION OF THIS TITLE WITH RESPECT TO HEMP-RELATED
LEGITIMATE BUSINESSES AND HEMP-RELATED SERVICE PROVIDERS.
(a) In General.--The provisions of this title (other than sections
61406 and 61410) shall apply with respect to hemp-related legitimate
businesses and hemp-related service providers in the same manner as
such provisions apply with respect to cannabis-related legitimate
businesses and service providers.
(b) Definitions.--In this section:
(1) CBD.--The term ``CBD'' means cannabidiol.
(2) Hemp.--The term ``hemp'' has the meaning given that
term under section 297A of the Agricultural Marketing Act of
1946 (7 U.S.C. 1639o).
(3) Hemp-related legitimate business.--The term ``hemp-
related legitimate business'' means a manufacturer, producer,
or any person or company that--
(A) engages in any activity described in
subparagraph (B) in conformity with the Agricultural
Improvement Act of 2018 (Public Law 115-334) and the
regulations issued to implement such Act by the
Department of Agriculture, where applicable, and the
law of a State or political subdivision thereof or
Indian Tribe; and
(B) participates in any business or organized
activity that involves handling hemp, hemp-derived CBD
products, and other hemp-derived cannabinoid products,
including cultivating, producing, extracting,
manufacturing, selling, transporting, displaying,
dispensing, distributing, or purchasing hemp, hemp-
derived CBD products, and other hemp-derived
cannabinoid products.
(4) Hemp-related service provider.--The term ``hemp-related
service provider''--
(A) means a business, organization, or other person
that--
(i) sells goods or services to a hemp-
related legitimate business; or
(ii) provides any business services,
including the sale or lease of real or any
other property, legal or other licensed
services, or any other ancillary service,
relating to hemp, hemp-derived CBD products, or
other hemp-derived cannabinoid products; and
(B) does not include a business, organization, or
other person that participates in any business or
organized activity that involves handling hemp, hemp-
derived CBD products, or other hemp-derived cannabinoid
products, including cultivating, producing,
manufacturing, selling, transporting, displaying,
dispensing, distributing, or purchasing hemp, hemp-
derived CBD products, and other hemp-derived
cannabinoid products.
SEC. 61412. BANKING SERVICES FOR HEMP-RELATED LEGITIMATE BUSINESSES AND
HEMP-RELATED SERVICE PROVIDERS.
(a) Findings.--The Congress finds that--
(1) the Agriculture Improvement Act of 2018 (Public Law
115-334) legalized hemp by removing it from the definition of
``marihuana'' under the Controlled Substances Act;
(2) despite the legalization of hemp, some hemp businesses
(including producers, manufacturers, and retailers) continue to
have difficulty gaining access to banking products and
services; and
(3) businesses involved in the sale of hemp-derived CBD
products are particularly affected, due to confusion about the
legal status of such products.
(b) Federal Banking Regulators' Hemp Banking Guidance.--Not later
than the end of the 90-day period beginning on the date of enactment of
this Act, the Federal banking regulators shall update their existing
guidance, as applicable, regarding the provision of financial services
to hemp-related legitimate businesses and hemp-related service
providers to address--
(1) compliance with financial institutions' existing
obligations under Federal laws and implementing regulations
determined relevant by the Federal banking regulators,
including subchapter II of chapter 53 of title 31, United
States Code, and its implementing regulation in conformity with
this title and the Department of Agriculture's rules regulating
domestic hemp production (7 CFR 990); and
(2) best practices for financial institutions to follow
when providing financial services, including processing
payments, to hemp-related legitimate businesses and hemp-
related service providers.
(c) Definitions.--In this section:
(1) Financial institution.--The term ``financial
institution''--
(A) has the meaning given that term under section
5312(a) of title 31, United States Code; and
(B) includes a bank holding company, as defined
under section 2(a) of the Bank Holding Company Act of
1956 (12 U.S.C. 1841(a)).
(2) Hemp terms.--The terms ``CBD'', ``hemp'', ``hemp-
related legitimate business'', and ``hemp-related service
provider'' have the meaning given those terms, respectively,
under section 61411.
SEC. 61413. REQUIREMENTS FOR DEPOSIT ACCOUNT TERMINATION REQUESTS AND
ORDERS.
(a) Termination Requests or Orders Must Be Valid.--
(1) In general.--An appropriate Federal banking agency may
not formally or informally request or order a depository
institution to terminate a specific customer account or group
of customer accounts or to otherwise restrict or discourage a
depository institution from entering into or maintaining a
banking relationship with a specific customer or group of
customers unless--
(A) the agency has a valid reason for such request
or order; and
(B) such reason is not based solely on reputation
risk.
(2) Treatment of national security threats.--If an
appropriate Federal banking agency believes a specific customer
or group of customers is, or is acting as a conduit for, an
entity which--
(A) poses a threat to national security;
(B) is involved in terrorist financing;
(C) is an agency of the Government of Iran, North
Korea, Syria, or any country listed from time to time
on the State Sponsors of Terrorism list;
(D) is located in, or is subject to the
jurisdiction of, any country specified in subparagraph
(C); or
(E) does business with any entity described in
subparagraph (C) or (D), unless the appropriate Federal
banking agency determines that the customer or group of
customers has used due diligence to avoid doing
business with any entity described in subparagraph (C)
or (D),
such belief shall satisfy the requirement under paragraph (1).
(b) Notice Requirement.--
(1) In general.--If an appropriate Federal banking agency
formally or informally requests or orders a depository
institution to terminate a specific customer account or a group
of customer accounts, the agency shall--
(A) provide such request or order to the
institution in writing; and
(B) accompany such request or order with a written
justification for why such termination is needed,
including any specific laws or regulations the agency
believes are being violated by the customer or group of
customers, if any.
(2) Justification requirement.--A justification described
under paragraph (1)(B) may not be based solely on the
reputation risk to the depository institution.
(c) Customer Notice.--
(1) Notice required.--Except as provided under paragraph
(2) or as otherwise prohibited from being disclosed by law, if
an appropriate Federal banking agency orders a depository
institution to terminate a specific customer account or a group
of customer accounts, the depository institution shall inform
the specific customer or group of customers of the
justification for the customer's account termination described
under subsection (b).
(2) Notice prohibited.--
(A) Notice prohibited in cases of national
security.--If an appropriate Federal banking agency
requests or orders a depository institution to
terminate a specific customer account or a group of
customer accounts based on a belief that the customer
or customers pose a threat to national security, or are
otherwise described under subsection (a)(2), neither
the depository institution nor the appropriate Federal
banking agency may inform the customer or customers of
the justification for the customer's account
termination.
(B) Notice prohibited in other cases.--If an
appropriate Federal banking agency determines that the
notice required under paragraph (1) may interfere with
an authorized criminal investigation, neither the
depository institution nor the appropriate Federal
banking agency may inform the specific customer or
group of customers of the justification for the
customer's account termination.
(d) Reporting Requirement.--Each appropriate Federal banking agency
shall issue an annual report to the Congress stating--
(1) the aggregate number of specific customer accounts that
the agency requested or ordered a depository institution to
terminate during the previous year; and
(2) the legal authority on which the agency relied in
making such requests and orders and the frequency on which the
agency relied on each such authority.
(e) Definitions.--For purposes of this section:
(1) Appropriate federal banking agency.--The term
``appropriate Federal banking agency'' means--
(A) the appropriate Federal banking agency, as
defined under section 3 of the Federal Deposit
Insurance Act (12 U.S.C. 1813); and
(B) the National Credit Union Administration, in
the case of an insured credit union.
(2) Depository institution.--The term ``depository
institution'' means--
(A) a depository institution, as defined under
section 3 of the Federal Deposit Insurance Act (12
U.S.C. 1813); and
(B) an insured credit union.
SEC. 61414. DEFINITIONS.
In this title:
(1) Business of insurance.--The term ``business of
insurance'' has the meaning given such term in section 1002 of
the Dodd-Frank Wall Street Reform and Consumer Protection Act
(12 U.S.C. 5481).
(2) Cannabis.--The term ``cannabis'' has the meaning given
the term ``marihuana'' in section 102 of the Controlled
Substances Act (21 U.S.C. 802).
(3) Cannabis product.--The term ``cannabis product'' means
any article which contains cannabis, including an article which
is a concentrate, an edible, a tincture, a cannabis-infused
product, or a topical.
(4) Cannabis-related legitimate business.--The term
``cannabis-related legitimate business'' means a manufacturer,
producer, or any person or company that--
(A) engages in any activity described in
subparagraph (B) pursuant to a law established by a
State or a political subdivision of a State, as
determined by such State or political subdivision; and
(B) participates in any business or organized
activity that involves handling cannabis or cannabis
products, including cultivating, producing,
manufacturing, selling, transporting, displaying,
dispensing, distributing, or purchasing cannabis or
cannabis products.
(5) Depository institution.--The term ``depository
institution'' means--
(A) a depository institution as defined in section
3(c) of the Federal Deposit Insurance Act (12 U.S.C.
1813(c));
(B) a Federal credit union as defined in section
101 of the Federal Credit Union Act (12 U.S.C. 1752);
or
(C) a State credit union as defined in section 101
of the Federal Credit Union Act (12 U.S.C. 1752).
(6) Federal banking regulator.--The term ``Federal banking
regulator'' means each of the Board of Governors of the Federal
Reserve System, the Bureau of Consumer Financial Protection,
the Federal Deposit Insurance Corporation, the Federal Housing
Finance Agency, the Financial Crimes Enforcement Network, the
Office of Foreign Asset Control, the Office of the Comptroller
of the Currency, the National Credit Union Administration, the
Department of the Treasury, or any Federal agency or department
that regulates banking or financial services, as determined by
the Secretary of the Treasury.
(7) Financial service.--The term ``financial service''--
(A) means a financial product or service, as
defined in section 1002 of the Dodd-Frank Wall Street
Reform and Consumer Protection Act (12 U.S.C. 5481),
regardless if the customer receiving the product or
service is a consumer or commercial entity;
(B) means a financial product or service, or any
combination of products and services, permitted to be
provided by--
(i) a national bank or a financial
subsidiary pursuant to the authority provided
under--
(I) the provision designated
``Seventh'' of section 5136 of the
Revised Statutes of the United States
(12 U.S.C. 24); or
(II) section 5136A of the Revised
Statutes of the United States (12
U.S.C. 24a); and
(ii) a Federal credit union, pursuant to
the authority provided under the Federal Credit
Union Act;
(C) includes the business of insurance;
(D) includes, whether performed directly or
indirectly, the authorizing, processing, clearing,
settling, billing, transferring for deposit,
transmitting, delivering, instructing to be delivered,
reconciling, collecting, or otherwise effectuating or
facilitating of payments or funds, where such payments
or funds are made or transferred by any means,
including by the use of credit cards, debit cards,
other payment cards, or other access devices, accounts,
original or substitute checks, or electronic funds
transfers;
(E) includes acting as a money transmitting
business which directly or indirectly makes use of a
depository institution in connection with effectuating
or facilitating a payment for a cannabis-related
legitimate business or service provider in compliance
with section 5330 of title 31, United States Code, and
any applicable State law; and
(F) includes acting as an armored car service for
processing and depositing with a depository institution
or a Federal reserve bank with respect to any monetary
instruments (as defined under section 1956(c)(5) of
title 18, United States Code.
(8) Indian country.--The term ``Indian country'' has the
meaning given that term in section 1151 of title 18.
(9) Indian tribe.--The term ``Indian Tribe'' has the
meaning given that term in section 102 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).
(10) Insurer.--The term ``insurer'' has the meaning given
that term under section 313(r) of title 31, United States Code.
(11) Manufacturer.--The term ``manufacturer'' means a
person who manufactures, compounds, converts, processes,
prepares, or packages cannabis or cannabis products.
(12) Producer.--The term ``producer'' means a person who
plants, cultivates, harvests, or in any way facilitates the
natural growth of cannabis.
(13) Service provider.--The term ``service provider''--
(A) means a business, organization, or other person
that--
(i) sells goods or services to a cannabis-
related legitimate business; or
(ii) provides any business services,
including the sale or lease of real or any
other property, legal or other licensed
services, or any other ancillary service,
relating to cannabis; and
(B) does not include a business, organization, or
other person that participates in any business or
organized activity that involves handling cannabis or
cannabis products, including cultivating, producing,
manufacturing, selling, transporting, displaying,
dispensing, distributing, or purchasing cannabis or
cannabis products.
(14) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, and any territory or possession of the United States.
SEC. 61415. DISCRETIONARY SURPLUS FUNDS.
Section 7(a)(3)(A) of the Federal Reserve Act (12 U.S.C.
289(a)(3)(A)) is amended by reducing the dollar figure by $6,000,000.
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;
(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 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 recordkeeping
requirements of the Seafood Import Monitoring Program
established by part 300.324(b) of title 50, Code of
Federal Regulations (or any successor regulations).'';
and
(4) in paragraph (5), by striking ``(except to the extent
that such provisions apply to sport fishing equipment or fish
or fish products not caught by the vessels engaged in illegal,
unreported, or unregulated fishing)''.
(d) Definition of Protected Living Marine Resource.--Section 610(e)
of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826k(e)) is amended by striking paragraph (1) and inserting the
following:
``(1) except as provided in paragraph (2), means nontarget
fish, sea turtles, seabirds, or marine mammals that are
protected under United States law or international agreement,
including--
``(A) the Marine Mammal Protection Act of 1972 (16
U.S.C. 1361 et seq.);
``(B) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
``(C) the Shark Finning Prohibition Act (16 U.S.C.
1822 note), including amendments made by that Act; and
``(D) the Convention on International Trade in
Endangered Species of Wild Fauna and Flora, done at
Washington March 3, 1973 (27 UST 1087, TIAS 8249);
but''.
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--
``(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.
``(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;
``(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--
``(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 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:
``(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 (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 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 No. 13089 (16 U.S.C. 6401 note; relating to coral reef
protection), may, individually or in cooperation with one or more
agencies, carry out a program to award prizes competitively under
section 24 of the Stevenson-Wydler Technology Innovation Act of 1980
(15 U.S.C. 3719).
``(b) Purposes.--Any program carried out under this section shall
be for the purpose of stimulating innovation to advance the ability of
the United States to understand, research, or monitor coral reef
ecosystems, or to develop management or adaptation options to preserve,
sustain, and restore coral reef ecosystems.
``(c) Priority Programs.--Priority shall be given to establishing
programs under this section that address communities, environments, or
industries that are in distress as a result of the decline or
degradation of coral reef ecosystems, including--
``(1) scientific research and monitoring that furthers the
understanding of causes behind coral reef decline and
degradation and the generally slow recovery following
disturbances;
``(2) the development of monitoring or management options
for communities or industries that are experiencing significant
financial hardship;
``(3) the development of adaptation options to alleviate
economic harm and job loss caused by damage to coral reef
ecosystems;
``(4) the development of measures to help vulnerable
communities or industries, with an emphasis on rural
communities and businesses; and
``(5) the development of adaptation and management options
for impacted tourism industries.
``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 `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 No. 13089 (63 Fed. Reg. 32701;
relating to coral reef protection); and
(B) the national coral reef resilience strategy
developed under section 204A of the Coral Reef
Conservation Act of 2000, as amended by this Act;
(3) to work with the Secretary of State and the
Administrator of the United States Agency for International
Development, and in coordination with the other members of the
Task Force--
(A) to assess the United States role in
international trade and protection of coral species;
(B) to encourage implementation of appropriate
strategies and actions to promote conservation and
sustainable use of coral reef resources worldwide; and
(C) to collaborate with international communities
successful in managing coral reefs;
(4) to provide technical assistance for the development and
implementation, as appropriate, of--
(A) the national coral reef resilience strategy
under section 204A of the Coral Reef Conservation Act
of 2000, as amended by this Act;
(B) coral reef action plans under section 205 of
that Act; and
(C) coral reef emergency plans under section 209 of
that Act; and
(5) to produce a report each year, for submission to the
appropriate congressional committees and publication on a
publicly available internet website of the Task Force,
highlighting the status of the coral reef equities of a covered
State on a rotating basis, including--
(A) a summary of recent coral reef management and
restoration activities undertaken in that State; and
(B) updated estimates of the direct and indirect
economic activity supported by, and other benefits
associated with, those coral reef equities.
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 (15) of section 70503(a) shall--
(1) identify the actions of the agency that member
represents that may affect coral reef ecosystems;
(2) utilize the programs and authorities of that agency to
protect and enhance the conditions of such ecosystems,
including through the promotion of basic and applied scientific
research;
(3) collaborate with the Task Force to appropriately
reflect budgetary needs for coral reef conservation and
restoration activities in all agency budget planning and
justification documents and processes; and
(4) engage in any other coordinated efforts approved by the
Task Force.
(b) Co-Chairs.--In addition to their responsibilities under
subsection (a), the co-chairs of the Task Force shall administer
performance of the functions of the Task Force and facilitate the
coordination of the members of the Task Force specified in paragraphs
(1) through (15) of section 70503(a).
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.
(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.
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.
SEC. 71004. OFFSHORE AQUACULTURE.
Not later than 24 months after the date of enactment of this Act,
the Secretary of Commerce acting through the Administrator of the
National Oceanic and Atmospheric Administration shall enter into an
agreement with the Board of Ocean Studies and Board Science,
Technology, and Economic Policy of the National Academies of Sciences,
Engineering, and Medicine to conduct a comprehensive assessment on the
development of offshore aquaculture in the exclusive economic zone
including--
(1) assessment of the potential environmental impacts of
offshore aquaculture operations, including an evaluation on the
risks of siting, water pollution, habitat impact, escape of
farmed species on wild population stocks, waste treatment and
disposal, feed operations, and the cumulative risks of multiple
aquaculture operations in shared ecosystems;
(2) evaluation of the potential for offshore aquaculture to
serve as a tool for environmental management, including
connections to water quality, watershed management, and fishery
conservation and management;
(3) identification of existing control technologies,
management practices and regulatory strategies to minimize the
environmental impact of offshore aquaculture operations,
including from traditional aquaculture methods and practices of
Native Americans, Alaska Natives, and Native Hawaiians;
(4) recommending best management practices related to
sustainable feed for the offshore aquaculture industry,
including best practices for sourcing from sustainably managed
fisheries and traceability of source fish meal ingredients;
(5) evaluation of the potential impact of offshore
aquaculture on the economies of coastal communities,
particularly those dependent on traditional fishery resources;
and
(6) assessment of the impacts of growing international
offshore aquaculture operations on the United States seafood
market and domestic seafood producers, including dependence of
the United States on foreign-sourced seafood.
SEC. 71005. EXPANDING OPPORTUNITIES TO INCREASE THE DIVERSITY, EQUITY,
AND INCLUSION OF HIGHLY SKILLED SCIENCE, TECHNOLOGY,
ENGINEERING, AND MATHEMATICS (``STEM'') PROFESSIONALS IN
OCEAN RESEARCH AND DEVELOPMENT.
(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).
SEC. 71006. STUDY ON EFFECTS OF 6PPD-QUINONE.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Commerce, acting through the Administrator of the
National Oceanic and Atmospheric Administration shall seek to enter
into an agreement with the National Academies of Science, Engineering,
and Medicine to conduct a study on the effects of 6PPD-quinone on
salmonids, aquatic species, and watersheds, including an economic
analysis of declining salmon populations in the United States and the
effect of such declining populations have on importation of salmon from
other countries.
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;
(B) by inserting after the first sentence the
following: ``Notwithstanding any other provision of
law, the Secretary of the Interior may prescribe by
regulation an emergency designation prohibiting the
importation of any species of wild mammals, wild birds,
fish (including mollusks and crustacea), amphibians, or
reptiles, or the offspring or eggs of any such species,
as injurious to human beings, to the interests of
agriculture, horticulture, forestry, or to wildlife or
the wildlife resources of the United States, for not
more than 3 years, under this subsection, if the
Secretary of the Interior determines that such
regulation is necessary to address an imminent threat
to human beings, to the interests of agriculture,
horticulture, forestry, or to wildlife or the wildlife
resources of the United States. An emergency
designation prescribed under this subsection shall take
effect immediately upon publication in the Federal
Register, unless the Secretary of the Interior
prescribes an effective date that is not later than 60
days after the date of publication. During the period
during which an emergency designation prescribed under
this subsection for a species is in effect, the
Secretary of the Interior shall evaluate whether the
species should be designated as an injurious wildlife
species under the first sentence of this paragraph.'';
and
(C) in subsection (b), inserting ``knowingly''
before ``violates''; and
(2) by adding at the end the following:
``(d) Presumptive Prohibition on Importation.--
``(1) In general.--Importation into the United States of
any species of wild mammals, wild birds, fish (including
mollusks and crustacea), amphibians, or reptiles, or the
offspring or eggs of any such species, that is not native to
the United States and, as of the date of enactment of the
America COMPETES Act of 2022, is not prohibited under
subsection (a)(1), is prohibited, unless--
``(A) during the 1-year period preceding the date
of enactment of the America COMPETES Act of 2022, the
species was, in more than minimal quantities--
``(i) imported into the United States; or
``(ii) transported between the States, any
territory of the United States, the District of
Columbia, Puerto Rico, or any territory of the
United States; or
``(B) the Secretary of the Interior determines,
after an opportunity for public comment, that the
species does not pose a significant risk of
invasiveness to the United States and publishes a
notice in the Federal Register of the determination.
``(2) Rule of construction.--Nothing in paragraph (1) shall
be construed to limit the authority of the Secretary of the
Interior under subsection (a)(1).''.
(b) Conforming Amendments.--Section 42(a) of title 18, United
States Code, is amended--
(1) in paragraph (2), by inserting ``and subsection (d)''
after ``this subsection'';
(2) in paragraph (3)--
(A) by striking ``the foregoing'' and inserting
``paragraph (1) or subsection (d)''; and
(B) by striking ``this Act'' each place the term
appears and inserting ``this section'';
(3) in paragraph (4), by inserting ``or subsection (d)''
after ``this subsection''; and
(4) in paragraph (5)--
(A) by inserting ``and subsection (d)'' after
``this subsection''; and
(B) by striking ``hereunder'' and inserting ``under
such provisions''.
(c) Regulations; Effective Date.--
(1) Regulations.--Not later than 1 year after the date of
enactment of this Act, the Secretary of the Interior shall
promulgate regulations to define the term ``minimal
quantities'' for purposes of subsection (d)(1)(A) of section 42
of title 18, United States Code, as added by subsection (a)(2).
(2) Effective date.--Subsection (d) of section 42 of title
18, United States Code, as added by subsection (a)(2), shall
take effect on the date that is 1 year after the date of
enactment of this Act.
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.
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.
SEC. 71105. SHOVEL-READY RESTORATION GRANTS FOR COASTLINES AND
FISHERIES.
(a) Establishment.--The Administrator shall establish a grant
program to provide funding and technical assistance to eligible
entities for purposes of carrying out a project described in subsection
(d).
(b) Project Proposal.--To be considered for a grant under this
section, an eligible entity shall submit a grant proposal to the
Administrator in a time, place, and manner determined by the
Administrator. Such proposal shall include monitoring, data collection,
and measurable performance criteria with respect to the project.
(c) Development of Criteria.--The Administrator shall select
eligible entities to receive grants under this section based on
criteria developed by the Administrator, in consultation with relevant
offices of the National Oceanic and Atmospheric Administration, such as
the Office of Habitat Conservation and the Office for Coastal
Management.
(d) Eligible Projects.--A proposal is eligible for a grant under
this section if--
(1) the purpose of the project is to restore a marine,
estuarine, coastal, or Great Lake habitat, including--
(A) restoration of habitat to protect or recover a
species that is threatened, endangered, or a species of
concern under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.);
(B) through the removal or remediation of marine
debris, including derelict vessels and abandoned, lost,
and discarded fishing gear, in coastal and marine
habitats; or
(C) for the benefit of--
(i) shellfish;
(ii) fish, including diadromous fish;
(iii) coral reef systems;
(iv) marine wildlife; or
(v) blue carbon ecosystems such as coastal
wetlands, beaches, dunes, marshes, coastal
forests, oyster beds, kelp forests, and
submerged aquatic vegetation; or
(2) provides adaptation to climate change, including
sequestering and storing carbon or by constructing, restoring,
or protecting ecological features or nature-based
infrastructure that protects coastal communities from sea level
rise, coastal storms, or flooding.
(e) Priority.--In determining which projects to fund under this
section, the Administrator shall give priority to a proposed project--
(1) that would stimulate the economy;
(2) for which the applicant can demonstrate that the grant
will fund work that will begin not more than 90 days after the
date of award;
(3) for which the applicant can demonstrate that the grant
will fund work that will employ fishermen who have been
negatively impacted by the COVID-19 pandemic or pay a fisherman
for the use of a fishing vessel;
(4) for which the applicant can demonstrate that any
preliminary study or permit required before the project can
begin has been completed or can be completed shortly after an
award is made; or
(5) that includes communities that may not have adequate
resources including low income communities, communities of
color, Tribal communities, Indigenous communities, and rural
communities.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator $10,000,000,000 for fiscal year 2022
to carry out this section, to remain available until expended.
(g) Definitions.--In this section, the following definitions apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the National Oceanic and Atmospheric
Administration.
(2) Eligible entity.--The term ``eligible entity'' means a
nonprofit, a for-profit business, an institution of higher
education, or a State, local, Tribal, or Territorial
government.
(3) Fishermen.--The term ``fishermen'' means commercial or
for-hire fishermen or oyster farmers.
SEC. 71106. LEASING ON THE OUTER CONTINENTAL SHELF.
(a) Leasing Authorized.--The Secretary of the Interior is
authorized to grant leases pursuant to section 8(p)(1)(C) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1337(p)(1)(C)) in the areas
withdrawn by the Presidential Memorandum entitled ``Memorandum on the
Withdrawal of Certain Areas of the United States Outer Continental
Shelf from Leasing Disposition'' (issued September 8, 2020) and the
Presidential Memorandum entitled ``Presidential Determination on the
Withdrawal of Certain Areas of the United States Outer Continental
Shelf from Leasing Disposition'' (issued September 25, 2020).
(b) Withdrawals.--Any Presidential withdrawal of an area of the
Outer Continental Shelf from leasing under section 12(a) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1341(a)) issued after the date
of enactment of this section shall apply only to leasing authorized
under subsections (a) and (i) of section 8 of the Outer Continental
Shelf Lands Act (43 U.S.C. 1337(a) and 1337(i)), unless otherwise
specified.
SEC. 71107. TROPICAL FOREST AND CORAL REEF CONSERVATION
REAUTHORIZATION.
Section 806(d) of the Tropical Forest and Coral Reef Conservation
Act of 1998 (22 U.S.C. 2431d(d)) is amended by adding at the end the
following new paragraphs:
``(9) $20,000,000 for fiscal year 2022.
``(10) $20,000,000 for fiscal year 2023.
``(11) $20,000,000 for fiscal year 2024.
``(12) $20,000,000 for fiscal year 2025.
``(13) $20,000,000 for fiscal year 2026.''.
SEC. 71108. PROHIBITION ON SALE OF AMERICAN MINK.
(a) Prohibition.--No person may possess, acquire, receive,
transport, offer for sale, sell, or purchase any American mink
(Neovison vison) raised in captivity for fur production.
(b) Penalty.--A violation of subsection (a) shall be treated as an
act prohibited by section 3 of the Lacey Act Amendments of 1981 (16
U.S.C. 3372) and is subject to penalty pursuant to section 4 of that
Act (16 U.S.C. 3373).
(c) Effective Date.--This section shall take effect on December 31,
2022.
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--
(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'' 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).
TITLE XIII--CLIMATE CHANGE EDUCATION
SEC. 71301. FINDINGS.
Congress makes the following findings:
(1) The evidence for human-induced climate change is
overwhelming and undeniable.
(2) Atmospheric carbon can be significantly reduced through
conservation, by shifting to renewable energy sources such as
solar, wind, tidal, and geothermal, and by increasing the
efficiency of buildings, including domiciles, and
transportation.
(3) Providing clear information about climate change, in a
variety of forms, can remove the fear and the sense of
helplessness, and encourage individuals and communities to take
action.
(4) Implementation of measures that promote energy
efficiency, conservation, and renewable energy will greatly
reduce human impact on the environment.
(5) Informing people of new technologies and programs as
they become available will ensure maximum understanding and
maximum effect of those measures.
(6) More than 3,000,000 students graduate from high schools
and colleges in the United States each year, armed with
attitudes, skills, and knowledge about the climate that inform
their actions.
(7) The effect on the climate, positive or negative, of
each of those 3,000,000 students lasts beyond a lifetime.
(8) Those students need to be prepared to implement changes
in professional and personal practices, to support and help
develop new technology and policy, and to address the coming
social and economic challenges and opportunities arising from a
changing climate.
(9) It has been demonstrated that the people of the United
States overwhelmingly support teaching students about the
causes, consequences, and potential solutions to climate change
in all 50 States and more than 3,000 counties across the United
States.
(10) Only 30 percent of middle school and 45 percent of
high school science teachers understand the extent of the
scientific consensus on climate change.
SEC. 71302. DEFINITIONS.
In this title:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the National Oceanic and Atmospheric
Administration.
(2) Climate change education.--The term ``climate change
education'' means nonformal and formal interdisciplinary
learning at all age levels about--
(A) climate change, climate adaptation and
mitigation, climate resilience, and climate justice;
and
(B) the effects of climate change, climate
adaptation and mitigation, climate resilience, and
climate justice on the environmental, energy, social,
and economic systems of the United States.
(3) Climate literacy.--The term ``climate literacy'' means
competence or knowledge of climate change, its causes and
impacts, and the technical, scientific, economic, and social
dynamics of promising solutions.
(4) Climate justice.--The term ``climate justice'' means
the fair treatment and meaningful involvement of all people,
regardless of race, color, culture, national origin, or income,
with respect to the development, implementation, and
enforcement of policies and projects to ensure that each person
enjoys the same degree of protection from the adverse effects
of climate change.
(5) Environmental justice.--The term ``environmental
justice'' means the fair treatment and meaningful involvement
of all people, regardless of race, color, culture, national
origin, or income, with respect to the development,
implementation, and enforcement of environmental laws,
regulations, and policies to ensure that each person enjoys--
(A) the same degree of protection from
environmental and health hazards; and
(B) equal access to any Federal agency action on
environmental justice issues in order to have a healthy
environment in which to live, learn, work, and
recreate.
(6) Environmental justice community.--The term
``environmental justice community'' means a community with
significant representation of communities of color, low-income
communities, or Tribal and indigenous communities that
experiences, or is at risk of experiencing, higher or more
adverse human health or environmental effects as compared to
other communities.
(7) Green economy.--The term ``green economy'' means an
economy that results in improved human and economic well-being
and social equity by significantly reducing environmental risks
and ecological scarcities.
(8) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(9) Local educational agency; state educational agency.--
The terms ``local educational agency'' and ``State educational
agency'' have the meanings given those terms in section 8101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(10) Nonformal.--The term ``nonformal'' means, with respect
to learning, out-of-school educational programming carried out
by nonprofit organizations and public agencies.
(11) Nonprofit organization.--The term ``nonprofit
organization'' means an organization described in section
501(c)(3) of the Internal Revenue Code of 1986 and exempt from
taxation under 501(a) of that Code.
SEC. 71303. CLIMATE CHANGE EDUCATION PROGRAM.
The Administrator shall establish a Climate Change Education
Program to--
(1) increase the climate literacy of the United States by
broadening the understanding of climate change, including
possible long-term and short-term consequences,
disproportionate impacts of those consequences, and potential
solutions;
(2) apply the latest scientific and technological
discoveries, including through the use of the scientific assets
of the Administration, to provide formal and nonformal learning
opportunities to individuals of all ages, including individuals
of diverse cultural and linguistic backgrounds; and
(3) emphasize actionable information to help people
understand and promote implementation of new technologies,
programs, and incentives related to climate change, climate
adaptation and mitigation, climate resilience, climate justice,
and environmental justice.
SEC. 71304. GRANT PROGRAM.
(a) In General.--As part of the Climate Change Education Program
established under section 71303, the Administrator shall establish a
program to make grants to the following:
(1) State educational agencies, in partnership with local
educational agencies and local nonprofit organizations, for the
implementation of aspects of State climate literacy plans for
grades 4 through 12 formal and informal climate change
education that--
(A) are aligned with State education standards;
(B) ensure that students graduate from high school
with climate literacy; and
(C) include at least 1 of the following:
(i) Relevant teacher training and
professional development.
(ii) Creation of applied learning project-
based models, such as models making optimum use
of green features improvements to school
facilities, such as energy systems, lighting
systems, water management, waste management,
and school grounds improvements.
(iii) Incorporation of climate change
mitigation and green technologies into new and
existing career and technical education career
tracks and work-based learning experiences,
including development of partnerships with
labor organizations, trade organizations, and
apprenticeship programs.
(2) Institutions of higher education and networks or
partnerships of such institutions to engage teams of faculty
and students to develop applied climate research and deliver to
local communities direct services related to local climate
mitigation and adaptation issues, with priority given to
projects that--
(A) foster long-term campus-community partnerships;
(B) show potential to scale work beyond the grant
term;
(C) are inclusive for all segments of the
population; and
(D) promote equitable and just outcomes.
(3) Professional associations and academic disciplinary
societies for projects that build capacity at the State and
national levels for continuing education by practicing
professionals and the general public in green economy fields.
(4) Youth corps organizations to engage in community-based
climate mitigation and adaptation work that includes a
substantive educational component.
(b) Consultation.--The Administrator shall annually consult with
other relevant agencies of the Federal Government to determine ways in
which grant making under subsection (a) can enhance and support other
national climate education and training and environmental justice
goals.
(c) Environmental Justice Communities.--The Administrator shall
ensure that 40 percent of all funds appropriated for grants under
paragraphs (2) and (4) of subsection (a) are directed into
environmental justice communities.
(d) Communities of Practice.--The Administrator shall establish
communities of practice with respect to each of paragraphs (1) through
(4) of subsection (a) in order to accelerate learning.
SEC. 71305. REPORT.
Not later than 2 years after the date of the enactment of this Act,
and annually thereafter, the Administrator shall submit to Congress a
report that evaluates the scientific merits, educational effectiveness,
and broader effects of activities carried out under this title.
SEC. 71306. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to the
National Oceanic and Atmospheric Administration to carry out this title
$50,000,000 for each of fiscal years 2022 through 2027.
(b) Allocation of Amounts for Grant Program.--
(1) In general.--Amounts appropriated to carry out the
grant program required by section 71304(a) shall be allocated
as follows:
(A) Not less than 40 percent and not more than 60
percent for grants made under paragraph (1) of such
section.
(B) Not less than 20 percent and not more than 40
percent for grants made under paragraph (2) of such
section.
(C) Not less than 5 percent and not more than 20
percent for grants made under paragraph (3) of such
section.
(D) Not less than 5 percent and not more than 20
percent for grants made under paragraph (4) of such
section.
(E) Such amount as the Administrator determines
appropriate for the administration of this title.
(2) Exception.--If amounts appropriated to carry out the
grant program required by section 71304(a) do not exceed
$10,000,000 in any fiscal year, the National Oceanic and
Atmospheric Administration may prioritize grants made under
subparagraphs (A) and (B) of paragraph (1) of section 71304(a).
TITLE XIV--OFFICE OF EDUCATION TECHNOLOGY TO SUPPORT THE BUREAU OF
INDIAN EDUCATION
SEC. 71401. UPDATING BUREAU OF INDIAN AFFAIRS PROGRAMS.
Part B of title XI of the Education Amendments of 1978 (25 U.S.C.
2021 et seq.) is amended by striking ``Office of Indian Education
Programs'' each place it appears (in any font) and inserting ``Bureau
of Indian Education'' (in the corresponding font).
SEC. 71402. ESTABLISHMENT FOR THE OFFICE OF EDUCATION TECHNOLOGY TO
SUPPORT THE BUREAU OF INDIAN EDUCATION.
Section 1133 of the Education Amendments of 1978 (25 U.S.C. 2013)
is amended by adding at the end the following:
``(c) Bureau of Indian Education Office of Education Technology.--
``(1) Establishment.--
``(A) In general.--Not later than 24 months after
the date of the enactment of this subsection, the
Secretary shall establish the Office of Education
Technology under the Assistant Secretary for Indian
Affairs to be administered by the Deputy Assistant
Secretary of Indian Affairs (Management).
``(B) Capacity and coordination.--Not later than 36
months after the date of the enactment of this
subsection, the Office of the Assistant Secretary of
Indian Affairs shall coordinate with the Bureau of
Indian Education Director to ensure consistent and
timely coordination for the Office of Education
Technology to be at full capacity.
``(C) Transfer.--Not later than 37 months after the
date of the enactment of this subsection, the Deputy
Assistant Secretary of Indian Affairs (Management), the
Secretary (in consultation with the Chief Information
Officer for the Department of the Interior), the
Assistant Secretary for Indian Affairs, and the
Director of the Bureau of Indian Education shall
transfer the Office of Educational Technology to the
Bureau of Indian Education.
``(2) Purpose.--The Office of Education Technology shall
ensure that the Bureau of Indian Education has the necessary
education technology support to improve educational outcomes.
``(3) Duties.--The Office of Education Technology shall--
``(A) manage the procurement, distribution, and
updates for information technology and related
equipment;
``(B) plan, coordinate, and implement policies
related to information technology and related
equipment;
``(C) provide technical assistance for the agency
school boards, Bureau of Indian Education Funded
Schools, and early childhood services; and
``(D) coordinate education technology programs and
activities for the Bureau of Indian Education.
``(d) Implementation of Education Technology Modernization
Systems.--
``(1) Needs assessment.--Not later than 2 years after the
date of the enactment of this subsection, the Office of the
Assistant Secretary for Indian Affairs and the Bureau of Indian
Education shall complete a needs assessment of education
technology for Bureau of Indian Education Funded Schools.
``(2) Implementation.--Not later than 3 years after the
date of the enactment of this subsection, the Secretary shall
complete the implementation of a long-term modernization plan
and report progress updates for Bureau of Indian Education
Funded Schools.
``(e) Reporting.--Not later than 3 years after the date of the
enactment of this subsection, and each fiscal year thereafter, the
Secretary shall submit to the Committee on Natural Resources and
Committee on Education and Labor of the House of Representatives and
the Committee on Indian Affairs of the Senate, a report that contains--
``(1) a yearly evaluation of the implementation of this
Act, including a description of the progress of the Office of
Information Technology in carrying out the activities described
in subsection (c)(3); and
``(2) such other information the Director of the Bureau of
Indian Education, in coordination with the Assistant Secretary
for Indian Affairs deems necessary.
``(f) Definitions.--In this section:
``(1) Bureau of indian education funded schools.--The term
`Bureau of Indian Education Funded Schools' means Bureau of
Indian Education operated schools, schools operated pursuant to
a grant under the Tribally Controlled Schools Act of 1988 (25
U.S.C. 2501 et seq.), and schools operated pursuant to a
contract under the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5301 et seq.).
``(2) Office of education technology.--The term `Office of
Education Technology' means the Office of Education Technology
supporting the Bureau of Indian Education established under
this subsection.''.
TITLE XV--PUBLIC LAND RENEWABLE ENERGY DEVELOPMENT ACT
SEC. 71501. DEFINITIONS.
In this title:
(1) Covered land.--The term ``covered land'' means land
that is--
(A) Federal lands administered by the Secretary;
and
(B) not excluded from the development of
geothermal, solar, or wind energy under--
(i) a land use plan; or
(ii) other Federal law.
(2) Exclusion area.--The term ``exclusion area'' means
covered land that is identified by the Bureau of Land
Management as not suitable for development of renewable energy
projects.
(3) Federal land.--The term ``Federal land'' means--
(A) public lands; and
(B) lands of the National Forest System as
described in section 11(a) of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C.
1609(a)).
(4) Fund.--The term ``Fund'' means the Renewable Energy
Resource Conservation Fund established by section 71504(c)(1).
(5) Land use plan.--The term ``land use plan'' means--
(A) in regard to Federal land, a land use plan
established under the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.); and
(B) in regard to National Forest System lands, a
land management plan approved, amended, or revised
under section 6 of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1604).
(6) Priority area.--The term ``priority area'' means
covered land identified by the land use planning process of the
Bureau of Land Management as being a preferred location for a
renewable energy project, including a designated leasing area
(as defined in section 2801.5(b) of title 43, Code of Federal
Regulations (or a successor regulation)) that is identified
under the rule of the Bureau of Land Management entitled
``Competitive Processes, Terms, and Conditions for Leasing
Public Lands for Solar and Wind Energy Development and
Technical Changes and Corrections'' (81 Fed. Reg. 92122
(December 19, 2016)) (or a successor regulation).
(7) Public lands.--The term ``public lands'' has the
meaning given that term in section 103 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1702).
(8) Renewable energy project.--The term ``renewable energy
project'' means a project carried out on covered land that uses
wind, solar, or geothermal energy to generate energy.
(9) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(10) Variance area.--The term ``variance area'' means
covered land that is--
(A) not an exclusion area;
(B) not a priority area; and
(C) identified by the Secretary as potentially
available for renewable energy development and could be
approved without a plan amendment, consistent with the
principles of multiple use (as defined in the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1701
et seq.)).
SEC. 71502. LAND USE PLANNING; UPDATES TO PROGRAMMATIC ENVIRONMENTAL
IMPACT STATEMENTS.
(a) Priority Areas.--
(1) In general.--The Secretary, in consultation with the
Secretary of Energy, shall establish priority areas on covered
land for geothermal, solar, and wind energy projects,
consistent with the principles of multiple use (as defined in
the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1701 et seq.)) and the renewable energy permitting goal enacted
by the Consolidated Appropriations Act of 2021 (Public Law 116-
260). Among applications for a given renewable energy source,
proposed projects located in priority areas for that renewable
energy source shall--
(A) be given the highest priority for incentivizing
deployment thereon; and
(B) be offered the opportunity to participate in
any regional mitigation plan developed for the relevant
priority areas.
(2) Establishing priority areas.--
(A) Geothermal energy.--For geothermal energy, the
Secretary shall establish priority areas as soon as
practicable, but not later than 5 years, after the date
of the enactment of this Act.
(B) Solar energy.--For solar energy--
(i) solar designated leasing areas
(including the solar energy zones established
by Bureau of Land Management Solar Energy
Program, established in October 2012), and any
subsequent land use plan amendments, shall be
considered to be priority areas for solar
energy projects; and
(ii) the Secretary shall complete a process
to consider establishing additional solar
priority areas as soon as practicable, but not
later than 3 years, after the date of the
enactment of this Act.
(C) Wind energy.--For wind energy, the Secretary
shall complete a process to consider establishing
additional wind priority areas as soon as practicable,
but not later than 3 years, after the date of the
enactment of this Act.
(b) Variance Areas.--Variance areas shall be considered for
renewable energy project development, consistent with the principles of
multiple use (as defined in the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1701 et seq.)) and the renewable energy permitting
goal enacted by the Consolidated Appropriations Act of 2021 (Public Law
116-260), and applications for a given renewable energy source located
in those variance areas shall be timely processed in order to assist in
meeting that goal.
(c) Review and Modification.--
(1) In general.--Not less than once every 10 years, the
Secretary shall--
(A) review the adequacy of land allocations for
geothermal, solar, and wind energy priority, exclusion,
and variance areas for the purpose of encouraging and
facilitating new renewable energy development
opportunities; and
(B) based on the review carried out under
subparagraph (A), add, modify, or eliminate priority,
variance, and exclusion areas.
(2) Exception.--Paragraph (1) shall not apply to the
renewable energy land use planning published in the Desert
Renewable Energy Conservation Plan developed by the California
Energy Commission, the California Department of Fish and
Wildlife, the Bureau of Land Management, and the United States
Fish and Wildlife Service until January 1, 2031.
(d) Compliance With the National Environmental Policy Act.--For
purposes of this section, compliance with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall be accomplished--
(1) for geothermal energy, by updating the document
entitled ``Final Programmatic Environmental Impact Statement
for Geothermal Leasing in the Western United States'', dated
October 2008, and incorporating any additional regional
analyses that have been completed by Federal agencies since
that programmatic environmental impact statement was finalized;
(2) for solar energy, by updating the document entitled
``Final Programmatic Environmental Impact Statement (PEIS) for
Solar Energy Development in Six Southwestern States'', dated
July 2012, and incorporating any additional regional analyses
that have been completed by Federal agencies since that
programmatic environmental impact statement was finalized; and
(3) for wind energy, by updating the document entitled
``Final Programmatic Environmental Impact Statement on Wind
Energy Development on BLM-Administered Lands in the Western
United States'', dated July 2005, and incorporating any
additional regional analyses that have been completed by
Federal agencies since the programmatic environmental impact
statement was finalized.
(e) No Effect on Processing Site Specific Applications.--Site
specific environmental review and processing of permits for proposed
projects shall proceed during preparation of an updated programmatic
environmental impact statement, resource management plan, or resource
management plan amendment.
(f) Coordination.--In developing updates required by this section,
the Secretary shall coordinate, on an ongoing basis, with appropriate
State, Tribal, and local governments, transmission infrastructure
owners and operators, developers, and other appropriate entities to
ensure that priority areas identified by the Secretary are--
(1) economically viable (including having access to
existing and planned transmission lines);
(2) likely to avoid or minimize impacts to habitat for
animals and plants, recreation, cultural resources, and other
uses of covered land; and
(3) consistent with section 202 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1712), including
subsection (c)(9) of that section (43 U.S.C. 1712(c)(9)).
SEC. 71503. LIMITED GRANDFATHERING.
(a) Definition of Project.--In this section, the term ``project''
means a system described in section 2801.9(a)(4) of title 43, Code of
Federal Regulations (as in effect on the date of the enactment of this
Act).
(b) Requirement To Pay Rents and Fees.--Unless otherwise agreed to
by the owner of a project, the owner of a project that applied for a
right-of-way under section 501 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1761) on or before December 19, 2017,
shall be obligated to pay with respect to the right-of-way all rents
and fees in effect before the effective date of the rule of the Bureau
of Land Management entitled ``Competitive Processes, Terms, and
Conditions for Leasing Public Lands for Solar and Wind Energy
Development and Technical Changes and Corrections'' (81 Fed. Reg. 92122
(December 19, 2016)).
SEC. 71504. DISPOSITION OF REVENUES.
(a) Disposition of Revenues.--
(1) Availability.--Subject to future appropriations, and
except as provided in paragraph (2), beginning on January 1,
2023, amounts collected from a wind or solar project as bonus
bids, rentals, fees, or other payments under a right-of-way,
permit, lease, or other authorization, are authorized to be
made available as follows:
(A) Twenty-five percent shall be paid by the
Secretary of the Treasury to the State within the
boundaries of which the revenue is derived.
(B) Twenty-five percent shall be paid by the
Secretary of the Treasury to the one or more counties
within the boundaries of which the revenue is derived,
to be allocated among the counties based on the
percentage of land from which the revenue is derived.
(C) Twenty-five percent shall be deposited in the
Treasury and be made available to the Secretary to
carry out the program established under this title,
including the transfer of the funds by the Bureau of
Land Management to other Federal agencies and State
agencies to facilitate the processing of renewable
energy permits on Federal land, with priority given to
using the amounts, to the maximum extent practicable
without detrimental impacts to emerging markets, to
expediting the issuance of permits required for the
development of renewable energy projects in the States
from which the revenues are derived.
(D) Twenty-five percent shall be deposited in the
Renewable Energy Resource Conservation Fund established
by subsection (c).
(2) Exceptions.--Paragraph (1) shall not apply to the
following:
(A) Amounts collected under section 504(g) of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1764(g)).
(B) Amounts deposited into the National Parks and
Public Land Legacy Restoration Fund under section
200402(b) of title 54, United States Code.
(b) Payments to States and Counties.--
(1) In general.--Amounts paid to States and counties under
subsection (a)(1) shall be used consistent with section 35 of
the Mineral Leasing Act (30 U.S.C. 191).
(2) Payments in lieu of taxes.--A payment to a county under
paragraph (1) shall be in addition to a payment in lieu of
taxes received by the county under chapter 69 of title 31,
United States Code.
(c) Renewable Energy Resource Conservation Fund.--
(1) In general.--There is established in the Treasury a
fund to be known as the Renewable Energy Resource Conservation
Fund, which shall be administered by the Secretary, in
consultation with the Secretary of Agriculture.
(2) Use of funds.--The Secretary may make amounts in the
Fund available to Federal, State, local, and Tribal agencies to
be distributed in regions in which renewable energy projects
are located on Federal land. Such amounts may be used to--
(A) restore and protect--
(i) fish and wildlife habitat for affected
species;
(ii) fish and wildlife corridors for
affected species; and
(iii) wetlands, streams, rivers, and other
natural water bodies in areas affected by wind,
geothermal, or solar energy development; and
(B) preserve and improve recreational access to
Federal land and water in an affected region through an
easement, right-of-way, or other instrument from
willing landowners for the purpose of enhancing public
access to existing Federal land and water that is
inaccessible or restricted.
(3) Partnerships.--The Secretary may enter into cooperative
agreements with State and Tribal agencies, nonprofit
organizations, and other appropriate entities to carry out the
activities described in paragraph (2).
(4) Investment of fund.--
(A) In general.--Amounts deposited in the Fund
shall earn interest in an amount determined by the
Secretary of the Treasury on the basis of the current
average market yield on outstanding marketable
obligations of the United States of comparable
maturities.
(B) Use.--Interest earned under subparagraph (A)
may be expended in accordance with this subsection.
(5) Report to congress.--At the end of each fiscal year,
the Secretary shall submit a report to the Committee on Natural
Resources of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate that includes a
description of--
(A) the amount collected as described in subsection
(a), by source, during that fiscal year;
(B) the amount and purpose of payments during that
fiscal year to each Federal, State, local, and Tribal
agency under paragraph (2); and
(C) the amount remaining in the Fund at the end of
the fiscal year.
(6) Intent of congress.--It is the intent of Congress that
the revenues deposited and used in the Fund shall supplement
(and not supplant) annual appropriations for activities
described in paragraph (2).
SEC. 71505. SAVINGS.
Notwithstanding any other provision of this title, the Secretary
shall continue to manage public lands under the principles of multiple
use and sustained yield in accordance with title I of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) or the
Forest and Rangeland Renewable Resources Planning Act of 1974 (43
U.S.C. 1701 et seq.), as applicable, including due consideration of
mineral and nonrenewable energy-related projects and other nonrenewable
energy uses, for the purposes of land use planning, permit processing,
and conducting environmental reviews.
TITLE XVI--INCREASING COMMUNITY ACCESS TO RESILIENCY GRANTS
SEC. 71601. CENTRALIZED WEBSITE FOR RESILIENCY GRANTS.
(a) In General.--Not later than 180 days after the date of
enactment of this subsection, the Administrator shall establish and
regularly update a publicly available website that includes--
(1) hyperlinks to all grants administered by the National
Oceanic and Atmospheric Administration and hyperlinks to other
Federal agencies that offer similar grants to assist State,
Tribal, and local governments with resiliency, adaptation, and
mitigation of climate change and sea level rise; and
(2) with respect to each such grant, the contact
information for an individual who can offer assistance to
State, Tribal, and local governments.
(b) Outreach.--The Administrator shall conduct outreach activities
to inform State, Tribal, and local governments of the resiliency,
adaptation, and mitigation grants.
(c) Administrator.--In this section, the term ``Administrator''
means the Secretary of Commerce acting through the Administrator of the
National Oceanic and Atmospheric Administration.
TITLE XVII--KEEP AMERICA'S WATERFRONTS WORKING
SEC. 71701. WORKING WATERFRONTS GRANT PROGRAM.
The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) is
amended by adding at the end the following:
``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.--
``(1) To be eligible for a grant under subsection (b), a
coastal State must submit and have approved by the Secretary a
comprehensive working waterfront plan in accordance with this
subsection, or be in the process of developing such a plan and
have an established working waterfront program at the State or
local level, or the Secretary determines that an existing
coastal land use plan for that State is in accordance with this
subsection.
``(2) Such plan--
``(A) must provide for preservation and expansion
of access to coastal waters to persons engaged in
commercial fishing, recreational fishing and boating
businesses, aquaculture, boatbuilding, or other water-
dependent, coastal-related business;
``(B) shall include one or more of--
``(i) an assessment of the economic,
social, cultural, and historic value of working
waterfront to the coastal State;
``(ii) a description of relevant State and
local laws and regulations affecting working
waterfront in the geographic areas identified
in the working waterfront plan;
``(iii) identification of geographic areas
where working waterfronts are currently under
threat of conversion to uses incompatible with
commercial and recreational fishing,
recreational fishing and boating businesses,
aquaculture, boatbuilding, or other water-
dependent, coastal-related business, and the
level of that threat;
``(iv) identification of geographic areas
with a historic connection to working
waterfronts where working waterfronts are not
currently available, and, where appropriate, an
assessment of the environmental impacts of any
expansion or new development of working
waterfronts on the coastal ecosystem;
``(v) identification of other working
waterfront needs including improvements to
existing working waterfronts and working
waterfront areas;
``(vi) a strategic and prioritized plan for
the preservation, expansion, and improvement of
working waterfronts in the coastal State;
``(vii) for areas identified under clauses
(iii), (iv), (v), and (vi), identification of
current availability and potential for
expansion of public access to coastal waters;
``(viii) a description of the degree of
community support for such strategic plan; and
``(ix) a contingency plan for properties
that revert to the coastal State pursuant to
determinations made by the coastal State under
subsection (g)(4)(C);
``(C) may include detailed environmental impacts on
working waterfronts, including hazards, sea level rise,
inundation exposure, and other resiliency issues;
``(D) may be part of the management program
approved under section 306;
``(E) shall utilize to the maximum extent
practicable existing information contained in relevant
surveys, plans, or other strategies to fulfill the
information requirements under this paragraph; and
``(F) shall incorporate the policies and
regulations adopted by communities under local working
waterfront plans or strategies in existence before the
date of the enactment of this section.
``(3) A working waterfront plan--
``(A) shall be effective for purposes of this
section for the 5-year period beginning on the date it
is approved by the Secretary;
``(B) must be updated and re-approved by the
Secretary before the end of such period; and
``(C) shall be complimentary to and incorporate the
policies and objectives of regional or local working
waterfront plans as in effect before the date of
enactment of this section or as subsequently revised.
``(4) The Secretary may--
``(A) award planning grants to coastal States for
the purpose of developing or revising comprehensive
working waterfront plans; and
``(B) award grants consistent with the purposes of
this section to States undertaking the working
waterfront planning process under this section, for the
purpose of preserving and protecting working
waterfronts during such process.
``(5) Any coastal State applying for a working waterfront
grant under this title shall--
``(A) develop a working waterfront plan, using a
process that involves the public and those with an
interest in the coastal zone;
``(B) coordinate development and implementation of
such a plan with other coastal management programs,
regulations, and activities of the coastal State; and
``(C) if the coastal State allows qualified holders
(other than the coastal State) to enter into working
waterfront covenants, provide as part of the working
waterfront plan under this subsection a mechanism or
procedure to ensure that the qualified holders are
complying their duties to enforce the working
waterfront covenant.
``(d) Uses, Terms, and Conditions.--
``(1) Each grant made by the Secretary under this section
shall be subject to such terms and conditions as may be
appropriate to ensure that the grant is used for purposes
consistent with this section.
``(2) A grant under this section may be used--
``(A) to acquire a working waterfront, or an
interest in a working waterfront;
``(B) to make improvements to a working waterfront,
including the construction or repair of wharfs, boat
ramps, or related facilities; or
``(C) for necessary climate adaptation mitigation.
``(e) Public Access Requirement.--A working waterfront project
funded by grants made under this section must provide for expansion,
improvement, or preservation of reasonable and appropriate public
access to coastal waters at or in the vicinity of a working waterfront,
except for commercial fishing or other industrial access points where
the coastal State determines that public access would be unsafe.
``(f) Limitations.--
``(1) Except as provided in paragraph (2), a grant awarded
under this section may be used to purchase working waterfront
or an interest in working waterfront, including an easement,
only from a willing seller and at fair market value.
``(2) A grant awarded under this section may be used to
acquire working waterfront or an interest in working waterfront
at less than fair market value only if the owner certifies to
the Secretary that the sale is being entered into willingly and
without coercion.
``(3) No Federal, State, or local entity may exercise the
power of eminent domain to secure title to any property or
facilities in connection with a project carried out under this
section.
``(g) Allocation of Grants to Local Governments and Other
Entities.--
``(1) The Secretary shall encourage coastal States to
broadly allocate amounts received as grants under this section
among working waterfronts identified in working waterfront
plans approved under subsection (c).
``(2) Subject to the approval of the Secretary, a coastal
State may, as part of an approved working waterfront plan,
designate as a qualified holder any unit of State or local
government or nongovernmental organization, if the coastal
State is ultimately responsible for ensuring that the property
will be managed in a manner that is consistent with the
purposes for which the land entered into the program.
``(3) A coastal State or a qualified holder designated by a
coastal State may allocate to a unit of local government,
nongovernmental organization, fishing cooperative, or other
entity, a portion of any grant made under this section for the
purpose of carrying out this section, except that such an
allocation shall not relieve the coastal State of the
responsibility for ensuring that any funds so allocated are
applied in furtherance of the coastal State's approved working
waterfront plan.
``(4) A qualified holder may hold title to or interest in
property acquired under this section, except that--
``(A) all persons holding title to or interest in
working waterfront affected by a grant under this
section, including a qualified holder, private citizen,
private business, nonprofit organization, fishing
cooperative, or other entity, shall enter into a
working waterfront covenant;
``(B) such covenant shall be held by the coastal
State or a qualified holder designated under paragraph
(2);
``(C) if the coastal State determines, on the
record after an opportunity for a hearing, that the
working waterfront covenant has been violated--
``(i) all right, title, and interest in and
to the working waterfront covered by such
covenant shall, except as provided in
subparagraph (D), revert to the coastal State;
and
``(ii) the coastal State shall have the
right of immediate entry onto the working
waterfront;
``(D) if a coastal State makes a determination
under subparagraph (C), the coastal State may convey or
authorize the qualified holder to convey the working
waterfront or interest in working waterfront to another
qualified holder; and
``(E) nothing in this subsection waives any legal
requirement under any Federal or State law.
``(h) Matching Contributions.--
``(1) Except as provided in paragraph (2), the Secretary
shall require that each coastal State that receives a grant
under this section, or a qualified holder designated by that
coastal State under subsection (g), shall provide matching
funds in an amount equal to at least 25 percent of the total
cost of the project carried out with the grant.
``(2) The Secretary may waive the application of paragraph
(1) for any qualified holder that is an underserved community,
a community that has an inability to draw on other sources of
funding because of the small population or low income of the
community, or for other reasons the Secretary considers
appropriate.
``(3) A local community designated as a qualified holder
under subsection (g) may utilize funds or other in-kind
contributions donated by a nongovernmental partner to satisfy
the matching funds requirement under this subsection.
``(4) As a condition of receipt of a grant under this
section, the Secretary shall require that a coastal State
provide to the Secretary such assurances as the Secretary
determines are sufficient to demonstrate that the share of the
cost of each eligible project that is not funded by the grant
awarded under this section has been secured.
``(5) If financial assistance under this section represents
only a portion of the total cost of a project, funding from
other Federal sources may be applied to the cost of the
project. Each portion shall be subject to match requirements
under the applicable provision of law.
``(6) The Secretary shall treat as non-Federal match the
value of a working waterfront or interest in a working
waterfront, including conservation and other easements, that is
held in perpetuity by a qualified holder, if the working
waterfront or interest is identified in the application for the
grant and acquired by the qualified holder within 3 years of
the grant award date, or within 3 years after the submission of
the application and before the end of the grant award period.
Such value shall be determined by an appraisal performed at
such time before the award of the grant as the Secretary
considers appropriate.
``(7) The Secretary shall treat as non-Federal match the
costs associated with acquisition of a working waterfront or an
interest in a working waterfront, and the costs of restoration,
enhancement, or other improvement to a working waterfront, if
the activities are identified in the project application and
the costs are incurred within the period of the grant award,
or, for working waterfront described in paragraph (6), within
the same time limits described in that paragraph. These costs
may include either cash or in-kind contributions.
``(i) Limit on Administrative Costs.--No more than 5 percent of the
funds made available to the Secretary under this section may be used by
the Secretary for planning or administration of the program under this
section.
``(j) Other Technical and Financial Assistance.--
``(1) Up to 5 percent of the funds appropriated under this
section may be used by the Secretary for purposes of providing
technical assistance as described in this subsection.
``(2) The Secretary shall--
``(A) provide technical assistance to coastal
States and local governments in identifying and
obtaining other sources of available Federal technical
and financial assistance for the development and
revision of a working waterfront plan and the
implementation of an approved working waterfront plan;
``(B) provide technical assistance to States and
local governments for the development, implementation,
and revision of comprehensive working waterfront plans,
which may include, subject to the availability of
appropriations, planning grants and assistance, pilot
projects, feasibility studies, research, and other
projects necessary to further the purposes of this
section;
``(C) assist States in developing other tools to
protect working waterfronts;
``(D) collect and disseminate to States guidance
for best storm water management practices in regards to
working waterfronts;
``(E) provide technical assistance to States and
local governments on integrating resilience planning
into working waterfront preservation efforts; and
``(F) collect and disseminate best practices on
working waterfronts and resilience planning.
``(k) Other Requirements.-- All laborers and mechanics employed by
contractors or subcontractors in the performance of construction,
alteration or repair work carried out, in whole or in part, with
financial assistance made available under this section shall be paid
wages at rates not less than those prevailing on projects of a
character similar in the locality as determined by the Secretary of
Labor in accordance with subchapter IV of chapter 31 of title 40,
United States Code. With respect to the labor standards specified in
this section, the Secretary of Labor shall have the authority and
functions set forth in Reorganization Plan Numbered 14 of 1950 (64
Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States
Code.
``(l) Reports.--
``(1) The Secretary shall--
``(A) develop performance measures to evaluate and
report on the effectiveness of the program under this
section in accomplishing the purpose of this section;
and
``(B) submit to Congress a biennial report that
includes such evaluations, an account of all
expenditures, and descriptions of all projects carried
out using grants awarded under this section.
``(2) The Secretary may submit the biennial report under
paragraph (1)(B) by including it in the biennial report
required under section 316.
``(m) Definitions.--In this section:
``(1) The term `qualified holder' means a coastal State or
a unit of local or coastal State government or a non-State
organization designated by a coastal State under subsection
(g).
``(2) The term `Secretary' means the Secretary, acting
through the National Oceanic and Atmospheric Administration.
``(3) The term `working waterfront' means real property
(including support structures over water and other facilities)
that provides access to coastal waters to persons engaged in
commercial and recreational fishing, recreational fishing and
boating businesses, boatbuilding, aquaculture, or other water-
dependent, coastal-related business and is used for, or that
supports, commercial and recreational fishing, recreational
fishing and boating businesses, boatbuilding, aquaculture, or
other water-dependent, coastal-related business.
``(4) The term `working waterfront covenant' means an
agreement in recordable form between the owner of working
waterfront and one or more qualified holders, that provides
such assurances as the Secretary may require that--
``(A) the title to or interest in the working
waterfront will be held by a grant recipient or
qualified holder in perpetuity, except as provided in
subparagraph (C);
``(B) the working waterfront will be managed in a
manner that is consistent with the purposes for which
the property is acquired pursuant to this section, and
the property will not be converted to any use that is
inconsistent with the purpose of this section;
``(C) if the title to or interest in the working
waterfront is sold or otherwise exchanged--
``(i) all working waterfront owners and
qualified holders involved in such sale or
exchange shall accede to such agreement; and
``(ii) funds equal to the fair market value
of the working waterfront or interest in
working waterfront shall be paid to the
Secretary by parties to the sale or exchange,
and such funds shall, at the discretion of the
Secretary, be paid to the coastal State in
which the working waterfront is located for use
in the implementation of the working waterfront
plan of the State approved by the Secretary
under this section; and
``(D) such covenant is subject to enforcement and
oversight by the coastal State or by another person as
determined appropriate by the Secretary.
``(n) Authorization of Appropriations.--There is authorized to be
appropriated to the Grant Program $15,000,000.''.
TITLE XVIII--BLUE CARBON FOR OUR PLANET
SEC. 71801. INTERAGENCY WORKING GROUP.
(a) Establishment.--The National Science and Technology Council
Subcommittee on Ocean Science and Technology shall establish an
Interagency Working Group on Coastal Blue Carbon.
(b) Purposes.--The Interagency Working Group on Coastal Blue Carbon
shall oversee the development of a national map of coastal blue carbon
ecosystems, establish national coastal blue carbon ecosystem protection
and restoration priorities, assess the biophysical, social, and
economic impediments to coastal blue carbon ecosystem restoration,
study the effects of climate change, environmental stressors, and human
stressors on carbon sequestration rates, and preserve the continuity of
coastal blue carbon data.
(c) Membership.--The Interagency Working Group on Coastal Blue
Carbon shall be comprised of senior representatives from the National
Oceanic and Atmospheric Administration, the Environmental Protection
Agency, the National Science Foundation, the National Aeronautics and
Space Administration, the United States Geological Survey, the United
States Fish and Wildlife Service, the National Park Service, the Bureau
of Indian Affairs, the Smithsonian Institution, the Army Corps of
Engineers, the Department of Agriculture, the Department of Energy, the
Department of Defense, the Department of Transportation, the Department
of State, the Federal Emergency Management Agency, and the Council on
Environmental Quality.
(d) Chair.--The Interagency Working Group shall be chaired by the
Administrator.
(e) Responsibilities.--The Interagency Working Group shall--
(1) oversee the development, update, and maintenance of a
national map and inventory of coastal blue carbon ecosystems,
including habitat types with a regional focus in analysis that
is usable for local level protection planning and restoration;
(2) develop a strategic assessment of the biophysical,
chemical, social, statutory, regulatory, and economic
impediments to protection and restoration of coastal blue
carbon ecosystems;
(3) develop a national strategy for foundational science
necessary to study, synthesize, and evaluate the effects of
climate change, environmental, and human stressors on
sequestration rates and capabilities of coastal blue carbon
ecosystems protection;
(4) establish national coastal blue carbon ecosystem
protection and restoration priorities, including an assessment
of current Federal funding being used for restoration efforts;
(5) ensure the continuity, use, and interoperability of
data assets through the Smithsonian Environmental Research
Center's Coastal Carbon Data Clearinghouse; and
(6) assess current legal authorities to protect and restore
blue carbon ecosystems.
(f) Reports to Congress.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Interagency Working Group shall
provide to the Committee on Science, Space, and Technology of
the House of Representatives, the Committee on Natural
Resources of the House of Representatives, and the Committee on
Commerce, Science, and Transportation of the Senate a report
containing the following:
(A) A summary of federally funded coastal blue
carbon ecosystem research, monitoring, preservation,
and restoration activities, including the budget for
each of these activities and describe the progress in
advancing the national priorities established in
section 71803(a)(4)(A).
(B) An assessment of biophysical, social, and
economic impediments to coastal blue carbon ecosystem
restoration, including the vulnerability of coastal
blue carbon ecosystems to climate impacts, such as sea-
level rise, ocean and coastal acidification, and other
environmental and human stressors.
(2) Strategic plan.--
(A) In general.--The Interagency Working group
shall create a strategic plan for Federal investments
in basic research, development, demonstration, long-
term monitoring and stewardship, and deployment of
coastal blue carbon ecosystem projects for the 5-year
period beginning at the start of the first fiscal year
after the date on which the budget assessment is
submitted under paragraph (1). The plan shall include
an assessment of the use of existing Federal programs
to protect and preserve coastal blue carbon ecosystems
and identify the need for any additional authorities or
programs.
(B) Timing.--The Interagency Working Group shall--
(i) submit the strategic plan under
paragraph (A) to the Committee on Science,
Space, and Technology of the House of
Representatives, the Committee on Natural
Resources of the House of Representatives, and
the Committee on Commerce, Science, and
Transportation of the Senate on a date that is
not later than one year after the enactment of
this Act and not earlier than the date on which
the report under paragraph (1) is submitted to
such committees of Congress; and
(ii) submit a revised version of such plan
not less than quinquennially thereafter.
(C) Federal register.--Not later than 90 days
before the strategic plan under this paragraph, or any
revision thereof, is submitted under subparagraph (B),
the Interagency Working Group shall publish such plan
in the Federal Register and provide an opportunity for
submission of public comments for a period of not less
than 60 days.
SEC. 71802. NATIONAL MAP OF COASTAL BLUE CARBON ECOSYSTEMS.
(a) National Map.--The Interagency Working Group shall--
(1) produce, update at least once every five years, and
maintain a national level map and inventory of coastal blue
carbon ecosystems, including--
(A) the species and types of habitats and species
in the ecosystem;
(B) the condition of such habitats including
whether a habitat is degraded, drained, eutrophic, or
tidally restricted;
(C) type of public or private ownership and any
protected status;
(D) the size of the ecosystem;
(E) the salinity boundaries;
(F) the tidal boundaries;
(G) an assessment of carbon sequestration
potential, methane production, and net greenhouse gas
reductions including consideration of--
(i) quantification;
(ii) verifiability;
(iii) comparison to a historical baseline,
as available; and
(iv) permanence of those benefits;
(H) an assessment of cobenefits of ecosystem and
carbon sequestration;
(I) the potential for landward migration as a
result of sea level rise;
(J) any upstream restrictions detrimental to the
watershed process and conditions such as dams, dikes,
and levees;
(K) the conversion of coastal blue carbon
ecosystems to other land uses and the cause of such
conversion; and
(L) a depiction of the effects of climate change,
including sea level rise, environmental stressors, and
human stressors on the sequestration rate, carbon
storage, and potential of coastal blue carbon
ecosystems; and
(2) in carrying out paragraph (1)--
(A) incorporate, to the extent possible, existing
data collected through federally funded research and by
a Federal agency, State agency, local agency, Tribe,
including data collected from the National Oceanic and
Atmospheric Administration Coastal Change Analysis
Program, U.S. Fish and Wildlife Service National
Wetlands Inventory, United States Geological Survey
LandCarbon program, Federal Emergency Management Agency
LiDAR information coordination and knowledge program,
Department of Energy Biological and Environmental
Research program, and Department of Agriculture
National Coastal Blue Carbon Assessment; and
(B) engage regional technical experts in order to
accurately account for regional differences in coastal
blue carbon ecosystems.
(b) Use.--The Interagency Working Group shall use the national map
and inventory--
(1) to assess the carbon sequestration potential of
different coastal blue carbon habitats, and account for any
regional differences;
(2) to assess and quantify emissions from degraded and
destroyed coastal blue carbon ecosystems;
(3) to develop regional assessments and to provide
technical assistance to regional, State, Tribal, and local
government agencies, and regional information coordination
entities as defined in section 123030(6) of the Integrated
Coastal and Ocean Observation System Act (33 U.S.C. 3602);
(4) to assess degraded coastal blue carbon ecosystems and
their potential for restoration, including developing scenario
modeling to identify vulnerable areas where management,
protection, and restoration efforts should be focused;
(5) produce future predictions of coastal blue carbon
ecosystems and carbon sequestration rates in the context of
climate change, environmental stressors, and human stressors;
and
(6) use such map to inform the Administrator of the
Environmental Protection Agency's creation of the annual
Inventory of U.S. Greenhouse Gas Emissions and Sinks.
SEC. 71803. RESTORATION AND PROTECTIONS FOR EXISTING COASTAL BLUE
CARBON ECOSYSTEMS.
(a) In General.--The Administrator shall--
(1) lead the Interagency Working Group in implementing the
strategic plan under section 71801(f)(2);
(2) coordinate monitoring and research efforts among
Federal agencies in cooperation with State, local, and Tribal
government and international partners and nongovernmental
organizations;
(3) establish a national goal for conserving ocean and
coastal blue carbon ecosystems within the territory of the
United States, and as appropriate setting targets for
restoration of degraded coastal blue carbon ecosystems;
(4) in coordination with the Interagency Working Group and
as informed by the report under section 71801(f) on current
Federal expenditures on coastal blue carbon ecosystem
restoration, identify--
(A) national coastal blue carbon ecosystem
protection and restoration priorities that would
produce the highest rate of carbon sequestration and
greatest ecosystem benefits such as flood protection,
soil and beach retention, erosion reduction,
biodiversity, water purification, and nutrient cycling
in the context of other environmental stressors and
climate change; and
(B) ways to improve coordination and to prevent
unnecessary duplication of effort among Federal
agencies and departments with respect to research on
coastal blue carbon ecosystems through existing and new
coastal management networks; and
(5) in coordination with State, local, and Tribal
governments and coastal stakeholders, develop integrated pilot
programs to restore degraded coastal blue carbon ecosystems in
accordance with subsection (b).
(b) Integrated Pilot Programs To Restore and Protect Degraded
Coastal Blue Carbon Ecosystems.--In carrying out subsection (a)(5), the
Administrator shall--
(1) establish integrated pilot programs that develop best
management practices, including design criteria and performance
functions for coastal blue carbon ecosystem restoration and
protection, nature-based adaptation strategies, restoration
areas that intersect with the built environments as green-gray
infrastructure projects, management practices for landward
progression or migration of coastal blue carbon ecosystems, and
identify potential barriers to restoration efforts, and
increase long-term carbon sequestration and storage;
(2) ensure that the pilot programs cover geographically and
ecologically diverse locations with significant ecological,
economic, and social benefits, such as flood protection, soil
and beach retention, erosion reduction, biodiversity, water
purification, and nutrient cycling to reduce hypoxic
conditions, and maximum potential for greenhouse gas emission
reduction;
(3) establish a procedure for reviewing applications for
the pilot program, taking into account--
(A) quantification;
(B) verifiability;
(C) additionality as compared to a historical
baseline, when feasible; and
(D) permanence of those benefits;
(4) ensure, through consultation with the Interagency
Working Group, that the goals and metrics for the pilot
programs are communicated to the appropriate State, Tribe, and
local governments, and to the general public;
(5) coordinate with relevant Federal agencies on the
Interagency Working Group to prevent unnecessary duplication of
effort among Federal agencies and departments with respect to
restoration and protection programs;
(6) give priority to proposed eligible restoration
activities that would--
(A) result in long-term protection and
sequestration of carbon stored in coastal and marine
environments;
(B) protect key habitats for fish, wildlife, and
the maintenance of biodiversity;
(C) provide coastal protection from development,
storms, flooding, and land-based pollution;
(D) protect coastal resources of national,
historical, and cultural significance; and
(E) benefit communities of color, low-income
communities, Tribal or Indigenous communities, or rural
communities; and
(7) report to the Interagency Working Group, and Committee
on Science, Space, and Technology of the House of
Representatives, the Committee on Natural Resources of the
House of Representatives, and the Committee on Commerce,
Science, and Transportation of the Senate on the total number
of acres of land or water protected or restored through the
program, the status of restoration projects, and the blue
carbon sequestration potential of each restoration pilot
project.
SEC. 71804. NAS ASSESSMENT OF CONTAINMENT OF CARBON DIOXIDE IN DEEP
SEAFLOOR ENVIRONMENT.
Not later than 90 days after the date of the enactment of this Act,
the Administrator shall seek to enter into an agreement with the
National Academy of Sciences to conduct a comprehensive assessment on
the long-term effects of geologic stores of carbon dioxide in a deep
seafloor environment, including impacts on marine species and
ecosystems.
SEC. 71805. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the National Oceanic and
Atmospheric Administration to carry out this title $15,000,000 for each
of the fiscal years 2023 through 2027.
SEC. 71806. DEFINITIONS.
In this title:
(1) Administrator.--The term ``Administrator'' means the
Under Secretary of Commerce for Oceans and Atmosphere in the
Under Secretary's capacity as the Administrator of the National
Oceanic and Atmospheric Administration.
(2) Coastal blue carbon ecosystem.--The term ``coastal blue
carbon ecosystem'' refers to vegetated coastal habitats
including mangroves, tidal marshes, seagrasses, kelp forests,
and other tidal, freshwater, or salt-water wetlands, and their
ability to sequester carbon from the atmosphere, accumulate it
in biomass for years to decades, and store it in soils for
centuries to millennia. Coastal blue carbon ecosystems include
both autochthonous carbon and allochthonous carbon.
(3) State.--The term ``State'' means each State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, American Samoa, Guam, the Commonwealth of the
Northern Mariana Islands, the Virgin Islands of the United
States, and any other territory of the United States.
TITLE XIX--ELIMINATE, NEUTRALIZE, AND DISRUPT WILDLIFE TRAFFICKING
REAUTHORIZATION AND IMPROVEMENTS
SEC. 71901. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States Government should continue to work
with international partners, including nations, nongovernmental
organizations, and the private sector, to identify long-
standing and emerging areas of concern in wildlife poaching and
trafficking related to global supply and demand; and
(2) the activities and required reporting of the
Presidential Task Force on Wildlife Trafficking, established by
Executive Order No. 13648 (78 Fed. Reg. 40621), and modified by
sections 201 and 301 of the Eliminate, Neutralize, and Disrupt
Wildlife Trafficking Act of 2016 (16 U.S.C. 7621 and 7631)
should be reauthorized to minimize the disruption of the work
of such Task Force.
SEC. 71902. DEFINITIONS.
Section 2 of the Eliminate, Neutralize, and Disrupt Wildlife
Trafficking Act of 2016 (16 U.S.C. 7601) is amended--
(1) in paragraph (3), by inserting ``involving local
communities'' after ``approach to conservation'';
(2) by amending paragraph to read as follows:
``(4) Country of concern.--The term `country of concern'
means a foreign country specially designated by the Secretary
of State pursuant to section 201(b) as a major source of
wildlife trafficking products or their derivatives, a major
transit point of wildlife trafficking products or their
derivatives, or a major consumer of wildlife trafficking
products, in which--
``(A) the government has actively engaged in, or
knowingly profited from, the trafficking of protected
species; or
``(B) the government facilitates such trafficking
through conduct that may include a persistent failure
to make serious and sustained efforts to prevent and
prosecute such trafficking.''; and
(3) in paragraph (11), by striking ``section 201'' and
inserting ``section 301''.
SEC. 71903. FRAMEWORK FOR INTERAGENCY RESPONSE AND REPORTING.
(a) Reauthorization of Report on Major Wildlife Trafficking
Countries.--Section 201 of the Eliminate, Neutralize, and Disrupt
Wildlife Trafficking Act of 2016 (16 U.S.C. 7621) is amended--
(1) in subsection (a), by striking ``annually thereafter''
and inserting ``biennially thereafter by June 1 of each year in
which a report is required''; and
(2) by amending subsection (c) to read as follows:
``(c) Designation.--A country may be designated as a country of
concern under subsection (b) regardless of such country's status as a
focus country.''.
(b) Presidential Task Force on Wildlife Trafficking
Responsibilities.--Section 301(a) of the Eliminate, Neutralize, and
Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 7631(a)) is
amended--
(1) in paragraph (4), by striking ``and'' at the end;
(2) by redesignating paragraph (5) as paragraph (10); and
(3) by inserting after paragraph (4) the following:
``(5) pursue programs and develop a strategy--
``(A) to expand the role of technology for anti-
poaching and anti-trafficking efforts, in partnership
with the private sector, foreign governments, academia,
and nongovernmental organizations (including technology
companies and the transportation and logistics
sectors); and
``(B) to enable local governments to develop and
use such technologies;
``(6) consider programs and initiatives that address the
expansion of the illegal wildlife trade to digital platforms,
including the use of digital currency and payment platforms for
transactions by collaborating with the private sector,
academia, and nongovernmental organizations, including social
media, e-commerce, and search engine companies, as appropriate;
``(7)(A) establish and publish a procedure for removing
from the list in the biennial report any country of concern
that no longer meets the definition of country of concern under
section 2(4);
``(B) include details about such procedure in the next
report required under section 201;
``(8)(A) implement interventions to address the drivers of
poaching, trafficking, and demand for illegal wildlife and
wildlife products in focus countries and countries of concern;
``(B) set benchmarks for measuring the effectiveness of
such interventions; and
``(C) consider alignment and coordination with indicators
developed by the Task Force;
``(9) consider additional opportunities to increase
coordination between law enforcement and financial institutions
to identify trafficking activity; and''.
(c) Presidential Task Force on Wildlife Trafficking Strategic
Review.--Section 301 of the Eliminate, Neutralize, and Disrupt Wildlife
Trafficking Act of 2016 (16 U.S.C. 7631), as amended by subsection (b),
is further amended--
(1) in subsection (d)--
(A) in the matter preceding paragraph (1), by
striking ``annually'' and inserting ``biennially'';
(B) in paragraph (4), by striking ``and'' at the
end;
(C) in paragraph (5), by striking the period at the
end and inserting ``; and''; and
(D) by adding at the end the following:
``(6) an analysis of the indicators developed by the Task
Force, and recommended by the Government Accountability Office,
to track and measure inputs, outputs, law enforcement outcomes,
and the market for wildlife products for each focus country
listed in the report, including baseline measures, as
appropriate, for each indicator in each focus country to
determine the effectiveness and appropriateness of such
indicators to assess progress and whether additional or
separate indicators, or adjustments to indicators, may be
necessary for focus countries.''; and
(2) by striking subsection (e).
SEC. 71904. FUNDING SAFEGUARDS.
(a) Procedures for Obtaining Credible Information.--Section 620M(d)
of the Foreign Assistance Act of 1961 (22 U.S.C. 2378d(d)) is amended--
(1) by redesignating paragraphs (4), (5), (6), and (7) as
paragraphs (5), (6), (7), and (8), respectively; and
(2) by inserting after paragraph (3) the following:
``(4) routinely request and obtain such information from
the United States Agency for International Development, the
United States Fish and Wildlife Service, and other relevant
Federal agencies that partner with international
nongovernmental conservation groups;''.
(b) Required Implementation.--The Secretary of State shall
implement the procedures established pursuant to section 620M(d) of the
Foreign Assistance Act of 1961, as amended by subsection (a), including
vetting individuals and units, whenever the United States Agency for
International Development, the United States Fish and Wildlife Service,
or any other relevant Federal agency that partners with international
nongovernmental conservation groups provides assistance to any unit of
the security forces of a foreign country.
SEC. 71905. ISSUANCE OF SUBPOENAS IN WILDLIFE TRAFFICKING CIVIL PENALTY
ENFORCEMENT ACTIONS.
(a) Endangered Species Act of 1973.--Section 11(e) of the
Endangered Species Act of 1973 (16 U.S.C. 1540(e)) is amended by adding
at the end the following:
``(7) Issuance of subpoenas.--
``(A) In general.--For the purposes of any
inspection or investigation relating to the import
into, or the export from, the United States of any fish
or wildlife or plants covered under this Act or
relating to the delivery, receipt, carrying, transport,
shipment, sale, or offer for sale in interstate or
foreign commerce of any such fish or wildlife or plants
imported into or exported from the United States, the
Secretary, may issue subpoenas for the attendance and
testimony of witnesses and the production of any
papers, books, or other records relevant to the subject
matter under investigation.
``(B) Fees and mileage for witnesses.--A witness
summoned under subparagraph (A) shall be paid the same
fees and mileage that are paid to witnesses in the
courts of the United States.
``(C) Refusal to obey subpoenas.--
``(i) In general.--In the case of a
contumacy or refusal to obey a subpoena served
on any person pursuant to this paragraph, the
district court of the United States for any
judicial district in which the person is found,
resides, or transacts business, on application
by the United States and after notice to that
person, shall have jurisdiction to issue an
order requiring that person to appear and give
testimony before the Secretary, to appear and
produce documents before the Secretary, or
both.
``(ii) Failure to obey.--Any failure to
obey an order issued by a court under clause
(i) may be punished by that court as a contempt
of that court.''.
(b) Lacey Act Amendments of 1981.--Section 6 of the Lacey Act
Amendments of 1981 (16 U.S.C. 3375) is amended by adding at the end the
following:
``(e) Issuance of Subpoenas.--
``(1) In general.--For the purposes of any inspection or
investigation relating to the import into, or the export from,
the United States of any fish or wildlife or plants covered
under the Lacey Act of 1900 (16 U.S.C. 3371 et seq.) or
relating to the transport, sale, receipt, acquisition, or
purchase in interstate or foreign commerce of any such fish or
wildlife or plants imported into or exported from the United
States, the Secretary may issue subpoenas for the attendance
and testimony of witnesses and the production of any papers,
books, or other records relevant to the subject matter under
investigation.
``(2) Fees and mileage for witnesses.--A witness summoned
under paragraph (1) shall be paid the same fees and mileage
that are paid to witnesses in the courts of the United States.
``(3) Refusal to obey subpoenas.--
``(A) In general.--In the case of a contumacy or
refusal to obey a subpoena served on any person
pursuant to this subsection, the district court of the
United States for any judicial district in which the
person is found, resides, or transacts business, on
application by the United States and after notice to
that person, shall have jurisdiction to issue an order
requiring that person to appear and give testimony
before the Secretary, to appear and produce documents
before the Secretary, or both.
``(B) Failure to obey.--Any failure to obey an
order issued by a court under subparagraph (A) may be
punished by that court as a contempt of that court.''.
(c) Bald and Golden Eagle Protection Act.--
(1) Civil penalties.--Subsection (b) of the first section
of the Act of June 8, 1940 (16 U.S.C. 668(b)) (commonly known
as the ``Bald and Golden Eagle Protection Act''), is amended--
(A) by striking ``(b) Whoever, within the'' and
inserting the following:
``(b) Civil Penalties.--
``(1) In general.--Whoever, within the''; and
(B) by adding at the end the following:
``(2) Hearings; issuance of subpoenas.--
``(A) Hearings.--Hearings held during proceedings
for the assessment of civil penalties under paragraph
(1) shall be conducted in accordance with section 554
of title 5, United States Code.
``(B) Issuance of subpoenas.--
``(i) In general.--For purposes of any
hearing held during proceedings for the
assessment of civil penalties under paragraph
(1), the Secretary may issue subpoenas for the
attendance and testimony of witnesses and the
production of relevant papers, books, and
documents, and may administer oaths.
``(ii) Fees and mileage for witnesses.--A
witness summoned pursuant to clause (i) shall
be paid the same fees and mileage that are paid
to witnesses in the courts of the United
States.
``(iii) Refusal to obey subpoenas.--
``(I) In general.--In the case of a
contumacy or refusal to obey a subpoena
served on any person pursuant to this
subparagraph, the district court of the
United States for any judicial district
in which the person is found, resides,
or transacts business, on application
by the United States and after notice
to that person, shall have jurisdiction
to issue an order requiring that person
to appear and give testimony before the
Secretary, to appear and produce
documents before the Secretary, or
both.
``(II) Failure to obey.--Any
failure to obey an order issued by a
court under subclause (I) may be
punished by that court as a contempt of
that court.''.
(2) Investigatory subpoenas.--Section 3 of the Act of June
8, 1940 (16 U.S.C. 668b) (commonly known as the ``Bald and
Golden Eagle Protection Act''), is amended by adding at the end
the following:
``(d) Issuance of Subpoenas.--
``(1) In general.--For the purposes of any inspection or
investigation relating to the import into or the export from
the United States of any bald or golden eagles covered under
this Act, or any parts, nests, or eggs of any such bald or
golden eagles, the Secretary may issue subpoenas for the
attendance and testimony of witnesses and the production of any
papers, books, or other records relevant to the subject matter
under investigation.
``(2) Fees and mileage for witnesses.--A witness summoned
under paragraph (1) shall be paid the same fees and mileage
that are paid to witnesses in the courts of the United States.
``(3) Refusal to obey subpoenas.--
``(A) In general.--In the case of a contumacy or
refusal to obey a subpoena served on any person
pursuant to this subsection, the district court of the
United States for any judicial district in which the
person is found, resides, or transacts business, on
application by the United States and after notice to
that person, shall have jurisdiction to issue an order
requiring that person to appear and give testimony
before the Secretary, to appear and produce documents
before the Secretary, or both.
``(B) Failure to obey.--Any failure to obey an
order issued by a court under subparagraph (A) may be
punished by that court as a contempt of that court.''.
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:
``(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.
``(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.
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.
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 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.
``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. ADVANCED DEGREE STEM GRADUATES.
(a) In General.--Section 201(b)(1) of the Immigration and
Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end
the following:
``(F)(i) Aliens who--
``(I) are described in paragraph (1) or (2)
of section 203(b);
``(II) have earned a doctoral or, in the
case of an alien who works in a critical
industry (as such term is defined in section
20209 of the America COMPETES Act of 2022), a
master's degree in a program of study involving
science, technology, engineering, or
mathematics--
``(aa) from a qualified United
States research institution; or
``(bb) from a foreign institution
if such degree is the equivalent to a
degree issued by a qualified United
States research institution; and
``(III) are seeking admission to engage in
work in the United States in a field related to
such degree.
``(ii) Aliens who are a spouse or child of a principal
alien described in clause (i), if accompanying or following to
join the principal alien.''.
(b) Procedures.--Section 204(a)(1) of the Immigration and
Nationality Act (8 U.S.C. 1154(a)(1)) is amended by adding at the end
the following:
``(M)(i) Any alien desiring to be classified under section
201(b)(1)(F)(i) may file a petition with the Secretary of Homeland
Security for such classification.
``(ii)(I) In addition to any required processing fee, the Secretary
shall collect a $1,000 supplemental fee in connection with each
petition filed under clause (i) for classification of an alien under
section 201(b)(1)(F)(i).
``(II) Supplemental fees collected under subclause (I) shall be
credited as discretionary offsetting collections to the currently
applicable appropriation, account, or fund of the National Science
Foundation for purposes of providing scholarships for low-income
individuals described in section 414(d)(2)(A) of the American
Competitiveness and Workforce Improvement Act of 1998 (42 U.S.C.
1869c(2)(A)), and shall be made available for such purposes only to the
extent and in the amounts provided in advance in appropriations Acts.
``(iii) For purposes of section 201(b)(1)(F)(i):
``(I) The term `historically Black college or university'
has the meaning given the term `part B institution' in section
322 of the Higher Education Act of 1965 (20 U.S.C. 1061).
``(II) The term `minority-serving institution' means any of
the following (as described in section 371 of the Higher
Education Act of 1965 (20 U.S.C. 1067q(a))):
``(aa) A Hispanic-serving institution.
``(bb) An Alaska Native-serving institution or a
Native Hawaiian-serving institution.
``(cc) A Predominantly Black Institution.
``(dd) An Asian American and Native American
Pacific Islander-serving institution.
``(ee) A Native American-serving nontribal
institution.
``(III) The term `program of study involving science,
technology, engineering, or mathematics' means a field included
in the Department of Education's Classification of
Instructional Programs taxonomy within the summary groups of
agricultural sciences, natural resources and conservation,
computer and information sciences and support services,
engineering, biological and biomedical sciences, mathematics
and statistics, military technologies, physical sciences,
health professions and related programs, or medical residency
and fellowship programs, or the summary group subsets of
accounting and related services and taxation.
``(IV) The term `qualified United States research
institution', when used with respect to an alien seeking status
under section 201(b)(1)(F)(i), means an institution that--
``(aa) is described in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a)); and
``(bb) for not less than 3 years during the period
in which such alien was pursuing the doctoral degree,
either--
``(AA) spent not less than $25,000,000 for
research and development, as determined by the
National Center for Science and Engineering
Statistics of the National Science Foundation;
or
``(BB) was classified by the Carnegie
Foundation for the Advancement of Teaching as a
doctorate-granting university with a very high
level (R1) or high level (R2) of research
activity and is a historically Black college or
university or minority-serving institution.''.
(c) Dual Intent for F Nonimmigrants in STEM Fields Permitted.--
Notwithstanding section 214(b) of the Immigration and Nationality Act
(8 U.S.C. 1184(b)), an alien who is a bona fide student admitted to a
program of study involving science, technology, engineering, or
mathematics (as such term is defined in section 204(a)(1)(M) of such
Act), may obtain a visa or be granted status under section
101(a)(15)(F) of such Act even if such alien intends to seek lawful
permanent resident status in the United States.
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).
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.
SEC. 80307. SPECIAL IMMIGRANT VISAS FOR CERTAIN FULBRIGHT SCHOLARS.
(a) Special Immigrant Visas for Certain Scholars.--Section 602(b)
of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) is
amended--
(1) in paragraph (1), by striking ``an alien described in
subparagraph (A), (B), or (C) of paragraph (2)'' and inserting
``an alien described in subparagraph (A), (B), (C), or (D) of
paragraph (2)'';
(2) in paragraph (2)--
(A) in subparagraph (A)(iii), by striking
``subparagraph (D)'' and inserting ``subparagraph
(E)'';
(B) by redesignating subparagraphs (B), (C), (D),
(E), and (F) as subparagraphs (C), (D), (E), (F), and
(G), respectively;
(C) by inserting after subparagraph (A) the
following:
``(B) Fulbright and other scholars as principal
alien.--An alien is described in this subparagraph if
the alien is a national or citizen of Afghanistan and
was selected between October 7, 2001 and August 31,
2022, to participate in--
``(i) the J. William Fulbright Educational
Exchange Program authorized under section 102
of the Mutual Educational and Cultural Exchange
Act of 1961 (22 U.S.C. 2452(a)(1)) including
the Fulbright Scholar-in-Residence Grants and
the Fulbright Foreign Language Teaching
Assistant Program;
``(ii) the Hubert H. Humphrey Fellowship
Program pursuant to section 112(a)(2) of the
Mutual Educational and Cultural Exchange Act of
1961 (22 U.S.C. 2460(a)(2));
``(iii) the International Visitor
Leadership Program pursuant to section
112(a)(3) of the Mutual Educational and
Cultural Exchange Act of 1961 (22 U.S.C.
2460(a)(3)); or
``(iv) any other educational or cultural
exchange activity administered by the Secretary
of State pursuant to sections 102 or 112 of the
Mutual Educational and Cultural Exchange Act of
1961 (22 U.S.C. 2452; 22 U.S.C. 2460) for which
the Secretary determines that a participating
alien is eligible for a special immigrant visa
under this paragraph.''; and
(D) in subparagraph (C), as redesignated by
subparagraph (B), by striking ``subparagraph (A)'' and
inserting ``subparagraph (A) or (B)'';
(3) in paragraph (4)(C), by striking ``an alien described
in subparagraph (A), (B), or (C) of paragraph (2)'' and
inserting ``an alien described in subparagraph (A), (B), (C),
or (D) of paragraph (2)'';
(4) in paragraph (5), by striking ``an alien described in
subparagraph (A), (B), or (C) of paragraph (2)'' and inserting
``an alien described in subparagraph (A), (B), (C), or (D) of
paragraph (2)'';
(5) in paragraph (6), by striking ``an alien described in
subparagraph (A), (B), or (C) of paragraph (2)'' and inserting
``an alien described in subparagraph (A), (B), (C), or (D) of
paragraph (2)''; and
(6) in paragraph (9), by striking ``an alien described in
subparagraph (A), (B), or (C) of paragraph (2)'' and inserting
``an alien described in subparagraph (A), (B), (C), or (D) of
paragraph (2)''.
(b) Numerical Limitations.--Section 602(b)(3) of the Afghan Allies
Protection Act of 2009 (8 U.S.C. 1101 note) is amended--
(1) by redesignating subparagraphs (B), (C), (D), (E), and
(F) as subparagraphs (C), (D), (E), (F), and (G), respectively;
(2) by inserting after subparagraph (A) the following new
subparagraph:
``(B) Fulbright and other scholars.--An alien
provided immigrant status pursuant to subparagraph
(2)(B) shall not be counted against any numerical
limitation under this section, or section 201, 202,
203, or 207 of the Immigration and Nationality Act (8
U.S.C. 1151, 1152, 1153, and 1157).'';
(3) in subparagraph (E), as redesignated by paragraph
(1),--
(A) by striking ``paragraph (C)'' and inserting
``subparagraph (D)''; and
(B) by striking ``subsection (b)(2)(D)'' and
inserting ``paragraph (2)(E)'';
(4) in subparagraph (F), as redesignated by paragraph
(1),--
(A) by striking ``paragraph (2)(D)'' and inserting
``paragraph (2)(E)''; and
(B) by striking ``subparagraph (D)'' each place
that it appears and inserting ``subparagraph (E)''; and
(5) in subparagraph (G), as redesignated by paragraph (1),
by striking ``subparagraphs (D) and (E)'' and inserting
``subparagraphs (E) and (F)''.
SEC. 80308. CITIZENSHIP FOR CERTAIN CHILDREN BORN OUTSIDE THE UNITED
STATES.
(a) In General.--Section 104 of the Child Citizenship Act of 2000
(8 U.S. C. 1431 note) is amended to read as follows:
``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.
SEC. 80309. FOREIGN CORRUPTION ACCOUNTABILITY.
(a) Findings.--Congress finds the following:
(1) When public officials and their allies use the
mechanisms of government to engage in extortion or bribery,
they impoverish their countries' economic health and harm
citizens.
(2) By empowering the United States Government to hold to
account foreign public officials and their associates who
engage in extortion or bribery, the United States can deter
malfeasance and ultimately serve the citizens of fragile
countries suffocated by corrupt bureaucracies.
(3) The Special Inspector General for Afghan
Reconstruction's 2016 report ``Corruption in Conflict: Lessons
from the U.S. Experience in Afghanistan'' included the
recommendation, ``Congress should consider enacting legislation
that authorizes sanctions against foreign government officials
or their associates who engage in corruption.''.
(b) Authorization of Imposition of Sanctions.--
(1) In general.--The Secretary of State may impose the
sanctions described in paragraph (2) with respect to any
foreign person who is an individual the Secretary of State
determines--
(A) engages in public corruption activities against
a United States person, including--
(i) soliciting or accepting bribes;
(ii) using the authority of the state to
extort payments; or
(iii) engaging in extortion; or
(B) conspires to engage in, or knowingly and
materially assists, sponsors, or provides significant
financial, material, or technological support for any
of the activities described in subparagraph (A).
(2) Sanctions described.--
(A) Inadmissibility to united states.--A foreign
person who is subject to sanctions under this section
shall be--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other
documentation to enter the United States; and
(iii) otherwise ineligible to be admitted
or paroled into the United States or to receive
any other benefit under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--The visa or other entry
documentation of a foreign person who is
subject to sanctions under this section shall
be revoked regardless of when such visa or
other entry documentation is issued.
(ii) Effect of revocation.--A revocation
under clause (i) shall--
(I) take effect immediately; and
(II) automatically cancel any other
valid visa or entry documentation that
is in the foreign person's possession.
(3) Exception to comply with law enforcement objectives and
agreement regarding headquarters of united nations.--Sanctions
described under paragraph (2) shall not apply to a foreign
person if admitting the person into the United States--
(A) would further important law enforcement
objectives; or
(B) is necessary to permit the United States to
comply with the Agreement regarding the Headquarters of
the United Nations, signed at Lake Success June 26,
1947, and entered into force November 21, 1947, between
the United Nations and the United States, or other
applicable international obligations of the United
States.
(4) Termination of sanctions.--The Secretary of State may
terminate the application of sanctions under this subsection
with respect to a foreign person if the Secretary of State
determines and reports to the appropriate congressional
committees not later than 15 days before the termination of the
sanctions that--
(A) the person is no longer engaged in the activity
that was the basis for the sanctions or has taken
significant verifiable steps toward stopping the
activity;
(B) the Secretary of State has received reliable
assurances that the person will not knowingly engage in
activity subject to sanctions under this part in the
future; or
(C) the termination of the sanctions is in the
national security interests of the United States.
(5) Regulatory authority.--The Secretary of State shall
issue such regulations, licenses, and orders as are necessary
to carry out this subsection.
(6) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on the Judiciary and the
Committee on Foreign Affairs of the House of
Representatives; and
(B) the Committee on the Judiciary and the
Committee on Foreign Relations of the Senate.
(c) Reports to Congress.--
(1) In general.--The Secretary of State shall submit to the
appropriate congressional committees, in accordance with
paragraph (2), a report that includes--
(A) a list of each foreign person with respect to
whom the Secretary of State imposed sanctions pursuant
to subsection (b) during the year preceding the
submission of the report;
(B) the number of foreign persons with respect to
which the Secretary of State--
(i) imposed sanctions under subsection
(b)(1) during that year; and
(ii) terminated sanctions under subsection
(b)(4) during that year;
(C) the dates on which such sanctions were imposed
or terminated, as the case may be;
(D) the reasons for imposing or terminating such
sanctions;
(E) the total number of foreign persons considered
under subsection (b)(3) for whom sanctions were not
imposed; and
(F) recommendations as to whether the imposition of
additional sanctions would be an added deterrent in
preventing public corruption.
(2) Dates for submission.--
(A) Initial report.--The Secretary of State shall
submit the initial report under paragraph (1) not later
than 120 days after the date of the enactment of this
Act.
(B) Subsequent reports.--The Secretary of State
shall submit a subsequent report under paragraph (1) on
December 10, or the first day thereafter on which both
Houses of Congress are in session, of--
(i) the calendar year in which the initial
report is submitted if the initial report is
submitted before December 10 of that calendar
year; and
(ii) each calendar year thereafter.
(3) Form of report.--
(A) In general.--Each report required by paragraph
(1) shall be submitted in unclassified form, but may
include a classified annex.
(B) Exception.--The name of a foreign person to be
included in the list required by paragraph (1)(A) may
be submitted in the classified annex authorized by
subparagraph (A) only if the Secretary of State--
(i) determines that it is vital for the
national security interests of the United
States to do so; and
(ii) uses the annex in a manner consistent
with congressional intent and the purposes of
this section.
(4) Public availability.--
(A) In general.--The unclassified portion of the
report required by paragraph (1) shall be made
available to the public, including through publication
in the Federal Register.
(B) Nonapplicability of confidentiality requirement
with respect to visa records.--The Secretary of State
shall publish the list required by paragraph (1)(A)
without regard to the requirements of section 222(f) of
the Immigration and Nationality Act (8 U.S.C. 1202(f))
with respect to confidentiality of records pertaining
to the issuance or refusal of visas or permits to enter
the United States.
(5) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Affairs, and the
Committee on the Judiciary of the House of
Representatives; and
(B) the Committee on Foreign Relations, and the
Committee on the Judiciary of the Senate.
(d) Sunset.--
(1) In general.--The authority to impose sanctions under
subsection (b) and the requirements to submit reports under
subsection (c) shall terminate on the date that is 6 years
after the date of enactment of this Act.
(2) Continuation in effect of sanctions.--Sanctions imposed
under subsection (b) on or before the date specified in
paragraph (1), and in effect as of such date, shall remain in
effect until terminated in accordance with the requirements of
subsection (b)(4).
(e) Definitions.--In this section:
(1) Entity.--The term ``entity'' means a partnership,
association, trust, joint venture, corporation, group,
subgroup, or other organization.
(2) Foreign person.--The term ``foreign person'' means a
person that is not a United States person.
(3) United states person.--The term ``United States
person'' means a person that is a United States citizen,
permanent resident alien, entity organized under the laws of
the United States or any jurisdiction within the United States
(including foreign branches), or any person in the United
States.
(4) Person.--The term ``person'' means an individual or
entity.
(5) Public corruption.--The term ``public corruption''
means the unlawful exercise of entrusted public power for
private gain, including by bribery, nepotism, fraud, or
embezzlement.
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
(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.
TITLE V--CRIMINAL PROVISIONS
SEC. 80501. JUSTICE FOR VICTIMS OF KLEPTOCRACY.
(a) Forfeited Property.--
(1) In general.--Chapter 46 of title 18, United States
Code, is amended by adding at the end the following:
``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.
TITLE VI--OTHER MATTERS
SEC. 80601. REGISTRATION OF AGENT.
(a) In General.--Chapter 190 of title 28, United States Code, is
amended by adding at the end the following new section:
``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.''.
(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.''.
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:
``SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
``(a) Short Title.--This Act may be cited as the `National
Apprenticeship Act'.
``(b) Table of Contents.--The table of contents for this Act is as
follows:
``Sec. 1. Short title; table of contents.
``Sec. 2. Definitions.
``Sec. 3. Programs under the national apprenticeship system.
``Sec. 4. Transition provisions.
``Sec. 5. Disaggregation of data.
``Sec. 6. Relation to other laws.
``TITLE I--PROMOTING PROGRAMS UNDER THE NATIONAL APPRENTICESHIP SYSTEM
``Subtitle A--The Office of Apprenticeship, State Registration Agency
Approval Process, and Interagency Agreement
``Sec. 111. The Office of Apprenticeship.
``Sec. 112. National Advisory Committee on Apprenticeships.
``Sec. 113. State apprenticeship agencies and State Offices of
Apprenticeship.
``Sec. 114. Interagency agreement with Department of Education.
``Subtitle B--Process and Standards for the National Apprenticeship
System
``Sec. 121. Occupations suitable for apprenticeship.
``Sec. 122. Quality standards of programs under the national
apprenticeship system.
``Sec. 123. Apprenticeship agreements.
``Sec. 124. Registration of programs under the national apprenticeship
system.
``Subtitle C--Evaluations and Research
``Sec. 131. Program evaluations.
``Sec. 132. National apprenticeship system research.
``Subtitle D--General Provisions
``Sec. 141. Authorization of appropriations.
``TITLE II--MODERNIZING THE NATIONAL APPRENTICESHIP SYSTEM FOR THE 21ST
CENTURY GRANTS
``Sec. 201. Grant requirements.
``Sec. 202. Uses of Funds.
``Sec. 203. Grant evaluations.
``Sec. 204. Authorization of appropriations for grants.
``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 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 and awareness
activities, including the following:
``(A) Supporting the development or scaling of
apprenticeship models nationally, promoting the
effectiveness of youth apprenticeship, pre-
apprenticeship, and apprenticeship programs, and
providing promotional materials to State apprenticeship
agencies, State workforce development systems or local
workforce development systems, State educational
agencies or local educational agencies, employers,
trade associations, professional associations, industry
groups, labor organizations, joint labor-management
organizations, education and training providers,
Federal and State correctional facilities, veterans-
service organizations, and prospective apprentices in
such programs.
``(B) Promoting greater diversity in the national
apprenticeship system including by--
``(i)(I) promoting outreach to
nontraditional apprenticeship populations,
including by engaging schools that participate
in a schoolwide program under section 1114 of
the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6314) and minority-serving
institutions;
``(II) disseminating best practices to
recruit nontraditional apprenticeship
populations, women, minorities, long-term
unemployed, individuals with a disability,
individuals recovering from substance abuse
disorders, veterans, military spouses,
individuals experiencing homelessness,
individuals impacted by the criminal or
juvenile justice system, and foster and former
foster youth; and
``(III) engaging small, medium-size, women-
owned, and minority-owned businesses, and
employers in high-skill, high-wage, and in-
demand industry sectors and occupations that
are nontraditional apprenticeship occupations;
and
``(ii) supporting the participation and
retention of apprentices and employers
described in clause (i) in the national
apprenticeship system.
``(2) Technical assistance activities.--The Administrator
shall carry out technical assistance activities, including the
following:
``(A) Providing technical assistance to--
``(i) assist State apprenticeship agencies
and sponsors in complying with the requirements
of this Act, including developing the State
plan in section 113(c), the process and
standards described in subtitle B, and the
evaluation and research requirements described
in subtitle C;
``(ii) receive and resolve comments or
complaints from youth apprentices, pre-
apprentices, or apprentices, sponsors,
employers, State apprenticeship agencies, State
local workforce agencies or local workforce
agencies, State educational agencies or local
educational agencies, qualified intermediaries,
labor organizations, joint labor-management
organizations, or other stakeholders;
``(iii) assist sponsors, employers,
qualified intermediaries, and education and
training or related instruction providers, or
other entities interested in becoming sponsors,
or seeking support for developing programs
under the national apprenticeship system or
effectively carrying out such programs,
including providing assistance for remote or
virtual learning or training, as necessary;
``(iv) assist those applying for or
carrying out grants, contracts, or cooperative
agreements under title II, including through
facilitating the sharing of best practices;
``(v) share, through a national
apprenticeship system clearinghouse, high-
quality materials for programs under the
national apprenticeship system, such as related
instruction or training materials, in user-
friendly formats and languages that are easily
accessible, as determined by the Administrator;
and
``(vi) assist State apprenticeship agencies
in establishing or expanding apprenticeship
hubs as is required in section 113(c)(7).
``(B) Cooperating with other Federal agencies for
the promotion and adoption of programs under the
national apprenticeship system, including the--
``(i) Secretary of Education in--
``(I) providing technical
assistance for the development and
implementation of related instruction
under the national apprenticeship
system that is aligned with State
education systems and education and
training providers; and
``(II) supporting the stackability
and portability of academic credit and
credentials earned as part of such
programs, including through
articulation agreements and career
pathways;
``(ii) State workforce development systems
to promote awareness of opportunities under the
national apprenticeship system;
``(iii) Attorney General and the Director
of the Bureau of Prisons in providing technical
assistance for the development and
implementation of related instruction under the
national apprenticeship system that is aligned
with a mentoring program administered by the
Attorney General to--
``(I) support the establishment or
expansion of pre-apprenticeships and
apprenticeship programs to all Federal
correctional institutions;
``(II) share through the national
apprenticeship system clearinghouse
research and best practices for
programs under the national
apprenticeship system in correctional
settings and for individuals impacted
by the criminal and juvenile justice
system;
``(III) provide technical
assistance for State prison systems and
employers seeking to operate or improve
corrections-based pre-apprenticeship or
apprenticeship programs; and
``(IV) support the successful
transition of individuals in
correctional institutions to pre-
apprenticeship or apprenticeship
programs upon exiting from correctional
settings; and
``(iv) Secretary of Health and Human
Services to coordinate with State programs for
temporary assistance to needy families funded
under part A of title VI of the Social Security
Act to promote awareness of opportunities under
the national apprenticeship system for
participants in such State programs.
``(3) State offices of apprenticeship.--
``(A) Establishment of offices.--
``(i) In general.--The Administrator shall
establish and operate a State Office of
Apprenticeship in a State described in clause
(ii) to serve as the registration agency for
such State.
``(ii) Applicable states.--A State
described in this clause is a State--
``(I) in which, as of the day
before the date of enactment of the
National Apprenticeship Act of 2022,
there is no State Office of
Apprenticeship; and
``(II) that has not applied for
recognition as a State apprenticeship
agency under section 113, or for which
such recognition has not provided or
has been withdrawn by the Administrator
under such section.
``(B) State plan requirement.--Each State Office of
Apprenticeship shall be administered by a State
Director who shall prepare and submit a State plan that
meets the requirements of section 113(c).
``(C) Vacancies.--Subject to the availability of
appropriations, in the case of a State Office of
Apprenticeship with a vacant position, the
Administrator shall--
``(i) make information on such vacancy
available on a publicly accessible website; and
``(ii) report to the Committee on Education
and Labor of the House of Representatives and
the Committee on Health, Education, Labor, and
Pensions of the Senate, on the status and
length of such vacancy if such vacancy is not
filled not later than 90 days after such
position has become vacant.
``(D) Rule of construction.--Nothing in this
paragraph shall be construed to prohibit any State
described in subparagraph (A)(ii) from establishing an
agency or entity to promote programs under the national
apprenticeship system in such State, in coordination
with the State Office of Apprenticeship operating in
the State, so long as such agency or entity does not
act as the registration agency in such State.
``(4) Quality standards, apprenticeship agreement, and
registration review.--In order for the Secretary, acting
through the Administrator, to support the formulation and
furtherance of labor standards necessary to safeguard the
welfare of program participants, and to extend the application
of such standards in apprenticeship agreements, not later than
1 year after the effective date of the National Apprenticeship
Act of 2022, and at least every 3 years thereafter, the
Administrator shall review, and where appropriate, update the
process for meeting the requirements of subtitle B, including
applicable subregulatory guidance and registration processes to
ensure that such process is easily accessible and efficient to
bring together employers and labor as sponsors or potential
sponsors of programs under the national apprenticeship system.
``(5) Occupations suitable for apprenticeship.--
``(A) Existing occupations.--The Administrator
shall regularly review and update the requirements for
each approved occupation suitable for apprenticeship to
ensure that such requirements are in compliance with
requirements under this Act.
``(B) New occupation.--
``(i) In general.--The Administrator shall
review and make a determination on whether to
approve an occupation suitable for
apprenticeship not later than 45 days after
receiving an application from a person seeking
such approval from the Administrator.
``(ii) Estimated timeline.--If such
determination is not made with such 45 days,
the Administrator shall provide the applicant
with a written explanation for the delay and
offer an estimated timeline for a determination
that does not to exceed 90 days after the date
of such written explanation.
``(C) National occupational standards.--
``(i) In general.--From the funds
appropriated under section 141(a), the
Administrator shall convene, on an ongoing
basis and taking into consideration
recommendations of the Advisory Committee under
section 112(d)(4), the industry sector leaders
and experts described in clause (ii) for the
purposes of establishing or updating specific
frameworks of national occupational standards
for occupations suitable for apprenticeship
(including potential occupations) that--
``(I) meet the requirements of this
Act; and
``(II) describe program scope and
length, related instruction, on-the-job
training, recognized postsecondary
credentials, and competencies, and
relevant timelines for review of such
frameworks.
``(ii) Industry sector leaders and
experts.--The industry sector leaders and
experts are employers, industry associations,
joint labor-management organizations, labor
organizations, education and training
providers, credential providers, program
participants, national qualified
intermediaries, including those supporting
increased participation of nontraditional
apprenticeship populations and nontraditional
apprenticeship occupations, and other
stakeholders relevant to the sector or
occupation for which the frameworks are being
established or updated, as determined by the
Administrator.
``(iii) Priority national occupations
suitable for apprenticeship.--In establishing
frameworks under clause (i) for the first time
after the effective date of the National
Apprenticeship Act of 2022, the Administrator
shall prioritize the establishment of such
standards in high-skill, high-wage, or in-
demand industry sectors and occupations.
``(D) Regulations.--Not later than 1 year after the
date of the enactment of the National Apprenticeship
Act of 2022, the Secretary shall issue regulations that
outline a process for proactively establishing and
approving standards and requirements for occupations
suitable for apprenticeship in consultation with the
industry sector leaders and experts described in
subparagraph (C)(ii).
``(E) Nontraditional apprenticeship populations.--
The Administrator shall regularly evaluate the
participation of the nontraditional apprenticeship
populations for each of the approved occupations
suitable for apprenticeship, such as women, minorities,
long-term unemployed, individuals with a disability,
individuals with substance abuse issues, veterans,
military spouses, individuals experiencing
homelessness, individuals impacted by the criminal or
juvenile justice system, and foster and former foster
youth.
``(6) Program oversight and evaluation.--The Administrator
shall--
``(A) monitor State apprenticeship agencies, State
Offices of Apprenticeship, grantees, and sponsors of
programs under the national apprenticeship system to
ensure compliance with the requirements of this Act;
``(B) provide technical assistance to assist such
entities with such compliance or program performance;
``(C) conduct research and evaluation in accordance
with subtitle C; and
``(D) require regular reports on the performance of
state agencies, including on efforts state agencies
make to increase employer awareness of apprenticeship
programs for employers who have not participated.
``(7) Promoting diversity in the national apprenticeship
system.--The Administrator shall promote diversity and ensure
equal opportunity to participate in programs for apprentices,
youth apprentices, and pre-apprentices, including--
``(A) taking steps necessary to promote diversity
in occupations suitable for apprenticeship under the
national apprenticeship system, especially in high-
skill, high-wage, or in-demand industry sectors and
occupations in areas with high percentages of low-
income individuals;
``(B) ensuring programs under the national
apprenticeship system--
``(i) adopt and implement the policies and
programs described in part 30 of title 29, Code
of Federal Regulations (as in effect on January
1, 2022); and
``(ii) are subject, for any violation of
clause (i), to enforcement action under this
Act; and
``(C) supporting the recruitment, employment, and
retention of nontraditional apprenticeship populations
in programs under the national apprenticeship system in
high-skill, high-wage, and in-demand industry sectors
and occupations, including women, people of color,
individuals with disabilities, low-income participants
in related Federal programs, individuals impacted by
the criminal and juvenile justice system, and
individuals with barriers to employment, as applicable.
``(8) Grant awards.--The Administrator shall award grants,
contracts, or cooperative agreements under title II.
``(9) National advisory committee.--The Administrator
shall--
``(A) regularly consult with the National Advisory
Committee on Apprenticeships under section 112; and
``(B) ensure that the required recommendations and
other reports of the Advisory Committee are submitted
to the Secretary and transmitted to the Committee on
Education and Labor of the House of Representatives and
the Committee on Health, Education, Labor, and Pensions
of the Senate.
``(10) Coordination.--The Administrator shall coordinate
and align programs under the national apprenticeship system
with related Federal programs, to better promote participation
in the national apprenticeship program.
``(c) Information Collection and Dissemination.--The Administrator
shall provide for data collection and dissemination of information
regarding programs under the national apprenticeship system,
including--
``(1) not later than 1 year after the date of the enactment
of the National Apprenticeship Act of 2022, establishing and
supporting a single information technology infrastructure to
support data collection and reporting from State apprenticeship
agencies, State Offices of Apprenticeship, grantees under title
II, program sponsors, and program administrators under the
national apprenticeship system by providing for a data
infrastructure that--
``(A) is developed and maintained by the
Administrator, with input from national data and
privacy experts, is informed by best practices on
public provision of credential information, and to the
extent practicable, aligns with the technology
infrastructure for related Federal programs, such as
the technology infrastructure used under the Workforce
Innovation and Opportunity Act (29 U.S.C. 3101 et
seq.);
``(B) best meets the needs of the national
apprenticeship system stakeholders reporting data to
the Administrator or State apprenticeship agencies,
including through the provision of technical assistance
and financial assistance as necessary to ensure
reporting systems are equipped to report into a single
information technology infrastructure; and
``(C) is aligned with data from the performance
reviews under section 131(b)(1)(A);
``(2) providing for data sharing that includes making
nonpersonally identifiable apprenticeship data available on a
publicly accessible website that is consumer tested and is
searchable and comparable, through the use of common, linked,
open-data description language, such as the credential
transparency description language or a substantially similar
resource, so that interested parties can become aware of
apprenticeship opportunities and of program outcomes that best
meets the needs of youth apprentices, pre-apprentices, and
apprentices, employers, education and training providers,
program sponsors, and relevant stakeholders, including--
``(A) information on program offerings under the
national apprenticeship system based on geographical
location and occupations suitable for apprenticeship;
``(B) information on education and training
providers providing opportunities under such system,
including whether programs under such system offer dual
or concurrent enrollment programs, articulation
agreements, and recognized postsecondary credentials as
part of the program offerings;
``(C) information about the educational and
occupational credentials and related competencies of
programs under such system; and
``(D) information based on the most recent data
available to the Office that is consistent with
national standards and practices.
``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. 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--
``(I) a description of any State
laws, policies, or operational
procedures relating to the process of
recognizing programs under the national
apprenticeship system that is
inconsistent with, or imposes
requirements in addition to, the
requirements of this Act;
``(II) an assurance that the State
will notify the Administrator if there
are any changes to the State laws
(including regulations), policies, or
procedures described in subclause (I)
that occur after the date of submission
of such plan; and
``(III) an assurance that the State
will make available on a publicly
available website a description of any
laws (including regulations), policies,
and operational procedures relating to
the process of recognizing programs
under the national apprenticeship
system that are inconsistent with, or
impose requirements in addition to, the
requirements of this Act.
``(ii) Subsequent plans.--Except as
provided in clause (i), a State plan shall be
submitted to the Administrator not later than
120 days prior to the end of the 4-year period
covered by the preceding State plan.
``(B) Approval.--A State plan shall be subject to
the approval of the Administrator and shall be
considered to be approved at the end of the 90-day
period beginning on the date that the plan is submitted
under this paragraph, unless the Administrator, during
the 90-day period, provides the State apprenticeship
agency, in writing--
``(i) an explanation for why the State plan
is inconsistent with the requirements of this
Act; and
``(ii) an opportunity for an appeal of such
determination to an Administrative Law Judge
for the Department of Labor not later than 30
days after receipt of the notice of denial from
the Administrator.
``(C) Modifications.--
``(i) Modifications.--At the end of the
first 2-year period of any 4-year State plan,
the State may submit modifications to the State
plan to reflect changes in labor market and
economic conditions or other factors affecting
the implementation of the State plan.
``(ii) Approval.--A modified State plan
submitted for review under clause (i) shall be
subject to the approval requirements described
in subparagraph (B).
``(3) Technical assistance.--Each State Plan shall describe
how the State apprenticeship agency will provide technical
assistance for--
``(A) potential sponsors, employers, labor
organizations, joint labor-management organizations,
qualified intermediaries, apprentices, education and
training providers, credentialing bodies, eligible
entities, industry associations, or any potential
program participant in the national apprenticeship
system in the State for the purposes of recruitment,
retention, program development, expansion, or
implementation, including supporting remote or virtual
learning or training, as necessary;
``(B) sponsors of programs registered in the State,
including sponsors that are not meeting performance
goals under subtitle C, for purposes of assisting
sponsors in meeting or exceeding such goals; and
``(C) sponsors of programs registered in that State
for purposes of assisting such sponsors in achieving
State goals in diversity and equal opportunity in
apprenticeships in accordance with paragraph (5).
``(4) Reciprocity.--With respect to a program recognized by
a registration agency in another State or that meets the
national program standards of apprenticeship, each State plan
shall describe how the State apprenticeship agency shall grant
reciprocity to such program by recognizing such program in the
State of such agency for purposes of this Act by not later than
30 days after receipt of an application for such recognition
from a program sponsor, as long as the program seeking such
reciprocity--
``(A) meets the wage and hour provisions of the
State granting such reciprocity; and
``(B) in the case of a program that is determined
by the Secretary to be in a high-hazard occupation,
meets the numerical ratio requirements of the State
granting such reciprocity if such requirements are more
protective with regard to health, safety, and
supervision than the numerical ratio requirements the
program is meeting as of the date of such application.
``(5) Promoting diversity in the national apprenticeship
system.--Each State plan shall include a plan for how the State
apprenticeship agency will--
``(A) promote diversity in occupations suitable for
apprenticeship offered throughout the State, and a
description of how such agency will promote the
addition of such occupations in high-skill, high-wage,
or in-demand industry sectors and occupations, and in
nontraditional apprenticeship occupations; and
``(B) promote diversity and equal opportunity in
programs under the national apprenticeship system by
uniformly adopting and implementing the requirements of
subparagraphs (B) and (C) of section 111(b)(7).
``(6) Complaints.--
``(A) In general.--Subject to subparagraph (B),
each State plan shall include a description of the
system for the State apprenticeship agency to receive
and resolve complaints submitted by program
participants, the program participant's authorized
representative, sponsors, employers, or nonprofit
compliance organizations, such as complaints concerning
equal employment opportunity or discrimination,
violations of the apprenticeship agreement, or
violations of requirements under this Act.
``(B) Collective bargaining agreements.--Any
controversy arising under an apprenticeship agreement
which is covered by a collective bargaining agreement
shall not be subject to the system described in
subparagraph (A), except that complaints concerning
discrimination or any matters described in subparagraph
(5)(B) shall be subject to such system.
``(7) State apprenticeship hubs.--Each State plan shall
describe how the State will support, in a manner that takes
into consideration geographic diversity, the creation and
implementation of apprenticeship hubs throughout the State that
shall work with industry and sector partnerships to expand
programs under the national apprenticeship system, and
occupations suitable for apprenticeship, in the State.
``(8) State apprenticeship performance outcomes.--Each
State plan shall--
``(A) in coordination with the Administrator,
establish annual State performance goals for the
programs registered by the State apprenticeship agency
for the indicators described--
``(i) in subparagraph (A) of section
131(b)(1); and
``(ii) in subparagraph (B)(ii) of section
131(b)(1); and
``(B) describe how the State apprenticeship agency
will collect performance data from programs registered
by the agency; and
``(C) annually report on the outcomes of each such
program in relation to the State established goals
under subparagraph (A).
``(9) Uses of funds.--Each State plan shall include a
description of the uses described in subsection (d) of the
allotment received by the State apprenticeship agency under
subsection (f).
``(10) Alignment of workforce activities.--Each State plan
shall include a summary of State-supported workforce
development activities (including education and training) in
the State, including--
``(A) a summary of the apprenticeship programs on
the list of eligible providers of training services
under section 122(d) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3152(d));
``(B) the degree to which the programs under the
national apprenticeship system in the State are aligned
with and address the skill needs of the employers in
the State identified by the State workforce development
board; and
``(C) a description of how apprenticeship programs
will receive expedited consideration to be included on
the list of eligible providers of training services
under section 122(d) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3152(d)).
``(11) State strategic vision.--Each State plan shall
include a summary of the State's strategic vision and set of
goals for preparing an educated and skilled workforce and for
meeting the skilled workforce needs of employers, including in
existing and emerging in-demand industry sectors and
occupations as identified by the State, and how the programs
registered by the State apprenticeship agency in the State will
help to meet such goals.
``(12) Strategy for any joint planning, alignment,
coordination, and leveraging of funds.--Each State plan shall
provide a description of the State apprenticeship agency's
strategy for joint planning, alignment, coordination, and
leveraging of funds--
``(A) with the State's workforce development
system, to achieve the strategic vision and goals
described in paragraph (11), including the core
programs defined in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102) and the
elements related to system alignment under section
102(b)(2)(B) of such Act (29 U.S.C. 3112(b)(2)(B));
``(B) for programs under the national
apprenticeship system in the State with other Federal
education programs, including programs under--
``(i) the Elementary and Secondary
Education Act of 1965;
``(ii) the Individuals with Disabilities
Education Act;
``(iii) the Carl D. Perkins Career and
Technical Education Act of 2006; and
``(iv) the Higher Education Act of 1965;
and
``(C) to provide information about access to
available State assistance or assistance under related
Federal programs, including such assistance under--
``(i) section 6(d) of the Food and
Nutrition Act of 2008;
``(ii) subsection (c)(1) of section 3672 of
title 38, United States Code;
``(iii) section 231 of the Second Chance
Act of 2007 (34 U.S.C. 60541); and
``(iv) the State Temporary Assistance for
Needy Families programs under part A of title
IV of the Social Security Act.
``(13) State apprenticeship council.--Each State plan shall
provide for a description of the composition, roles, and
responsibility of the State apprenticeship council, and how the
Council will comply with the requirements of subsection (b)(3).
``(d) State Apprenticeship Agency Funding.--A State apprenticeship
agency shall use funds received under clauses (i) and (ii) of
subsection (f)(1)(A) according to the following requirements:
``(1) Program administration.--The State apprenticeship
agency shall use such funds to support the administration of
programs under the national apprenticeship system across the
State, including for--
``(A) staff and resources;
``(B) oversight and evaluation as required under
this Act;
``(C) technical assistance to program sponsors,
program participants, employers, labor organizations,
joint labor-management organizations, education and
training providers, and qualified intermediaries;
``(D) pre-apprenticeship, youth, and apprenticeship
program recruitment and development, including for--
``(i) engaging potential providers of such
programs such as employers, qualified
intermediaries, related instruction providers,
and potential program participants;
``(ii) publicizing apprenticeship
opportunities and benefits; and
``(iii) engaging State workforce and
education systems for collaboration and
alignment across systems;
``(E) supporting the enrollment and apprenticeship
certification requirements to allow veterans and other
individuals eligible for the educational assistance
programs under chapters 30 through 36 of title 38,
United States Code, and any related educational
assistance programs under laws administered by the
Secretary of Veterans Affairs, to use such assistance
for the apprenticeship program, including the
requirement of designating a certifying official; and
``(F) supporting the retention and completion of
program participants in such programs, such as by
assisting with the costs--
``(i) related to enrolling in such
programs; or
``(ii) of assessments related to obtaining
a recognized postsecondary credential.
``(2) Educational alignment.--The State apprenticeship
agency shall use not less than 10 percent of such funds to
engage with the State education system to provide technical
assistance and best practices regarding--
``(A) alignment of youth apprenticeship programs
with the secondary education programs in the State,
including support for career exploration, career
pathways, education and career planning, and engagement
with youth apprenticeship programs for teachers, career
guidance and academic counselors, school leaders,
administrators, and specialized instructional support
personnel and paraprofessionals;
``(B) alignment of related instruction provided
under the national apprenticeship system in the State
with academic credit granting postsecondary programs
(including developing career pathways, articulation
agreements, and prior learning assessments); and
``(C) the joint planning, alignment, coordination,
and leveraging of funds described in subparagraphs (B)
and (C) of subsection (c)(12).
``(3) Workforce alignment.--The State apprenticeship agency
shall use not less than 10 percent of such funds to engage with
the State workforce development system to provide technical
assistance and best practices regarding--
``(A) alignment with the State's workforce
activities and strategic vision in accordance with
paragraphs (10), (11), and subparagraphs (A) and (C) of
paragraph (12) of subsection (c);
``(B) guidance for training staff of the workforce
development system, including the vocational
rehabilitation agencies, within the State on the value
of programs under the national apprenticeship system as
a work-based learning option for participants,
including participants of programs authorized under the
Workforce Innovation and Opportunity Act (29 U.S.C.
3101 et seq.) such as Job Corps under subtitle C of
title I of such Act and YouthBuild under section 171 of
such Act;
``(C) providing a list of programs under the
national apprenticeship system that are offered in the
State, including in the State's high-skill, high-wage,
or in-demand industry sectors or occupations;
``(D) alignment of funding received and reporting
required under this Act, including relevant placement,
retention, and earnings information, with the Workforce
Innovation and Opportunity Act (29 U.S.C. 3101 et
seq.), and technical assistance in how individual
training accounts under section 134(c)(3) of such Act
could be used to pay for the costs of enrolling and
participating in programs under the national
apprenticeship system;
``(E) partnerships with State or local workforce
development boards, State workforce agencies, and one-
stop centers and one-stop operators that assist program
participants in accessing supportive services to
support--
``(i) the recruitment, retention, and
completion of programs under the national
apprenticeship system, including the
recruitment of nontraditional populations and
dislocated workers;
``(ii) transitions from youth
apprenticeships and pre-apprenticeships to
apprenticeship programs; and
``(iii) the placement into employment or
further education upon program completion; and
``(F) expanding the list of eligible providers of
training services under section 122(d) of the Workforce
Innovation and Opportunity Act to include programs
under the national apprenticeship system in the State
(29 U.S.C. 3152(d)).
``(4) Leadership activities.--
``(A) In general.--A State apprenticeship agency
may reserve not more than 15 percent of the funds
received under subsection (f) in support of State
apprenticeship initiatives described in this paragraph.
``(B) Diversity.--Not less than 5 percent of the
amount reserved under subparagraph (A) shall be used by
the State apprenticeship agency for supporting and
expanding diversity in occupations suitable for
apprenticeship under the national apprenticeship system
in the State and program participant populations in the
State.
``(C) Incentives for employers.--A State
apprenticeship agency may use funds reserved under
subparagraph (A) to incentivize employers to
participate in programs under the national
apprenticeship system, such as costs related to program
development, staffing for mentors and supervisors,
related instruction, or the creation of industry or
sector partnerships to support employer participation.
``(D) State-specific initiatives.--A State
apprenticeship agency may use funds reserved under
subparagraph (A) for State-specific initiatives, such
as the development or expansion of youth apprenticeship
programs or apprenticeship programs in high-skill,
high-wage, or in-demand industry sectors and
occupations.
``(5) State match for federal investment.--
``(A) In general.--Except in the case of
exceptional circumstances, as determined by the
Administrator, in order to receive a full allotment
under subsection (f), a State apprenticeship agency
shall use matching funds from non-Federal resources to
carry out the activities of the agency under this Act
in an amount not less than 25 percent of such
allotment.
``(B) Transition period.--The requirement under
this paragraph shall take effect with respect to a
State apprenticeship agency on the date that is 1 day
after the date on which the transition period for such
agency under subsection (a)(3)(C)(ii) ends.
``(e) Derecognition of State Apprenticeship Agencies.--
``(1) In general.--The Secretary may withdraw recognition
of a State apprenticeship agency before the end of the agency's
4-year recognition period under subsection (a)(2)(B) if the
Secretary determines, after notice and an opportunity for a
hearing, that the State apprenticeship agency has failed for
one of the reasons described in paragraph (2), and has not been
in compliance with the performance improvement plan under
paragraph (3) to remedy such failure.
``(2) Derecognition criteria.--The recognition of a State
apprenticeship agency under this section may be withdrawn under
paragraph (1) in a case in which the State apprenticeship
agency fails to--
``(A) adopt or properly enforce a State plan;
``(B) properly carry out its role as the sole
registration agency in the State;
``(C) submit a report under section 131(b)(1)(B)
for any program year;
``(D) meet the State levels of performance as
described in subsection (c)(8)(A) or demonstrate
improvements in performance for 3 consecutive program
years; or
``(E) otherwise fulfill or operate in compliance
with the requirements of this Act.
``(3) Derecognition process.--
``(A) In general.--If a State apprenticeship agency
fails for any of the reasons described in paragraph
(2), the Secretary shall provide technical assistance
to such agency for corrective action to remedy such
failure, including assistance in the development of a
performance improvement plan.
``(B) Reduction of funds.--Except in the case of
exceptional circumstances as determined by the
Administrator, in a case in which such a State
apprenticeship agency continues such failure after the
provision of the technical assistance under
subparagraph (A)--
``(i) the percentage of the funds to be
allotted to the State apprenticeship agency
under subsection (f) for each fiscal year
following the fiscal year in which such failure
has been identified shall be reduced by 5
percentage points; and
``(ii) the Administrator shall provide
notice to the State apprenticeship agency that
the agency's recognition under this section may
be withdrawn if the agency fails to remedy the
failure.
``(C) Termination of proceedings.--If the
Administrator determines that the State apprenticeship
agency's corrective action under subparagraph (A) has
addressed the agency's failure identified under
paragraph (2), the Administrator shall--
``(i) restore the agency's full funding
allocation under this title for the next full
fiscal year; and
``(ii) notify the State apprenticeship
agency that the agency's recognition will not
be withdrawn under this section for the reason
for which the agency's funding under this title
was most recently reduced.
``(D) Opportunity for hearing.--
``(i) In general.--In a case in which a
State apprenticeship agency fails to remedy a
failure identified under paragraph (2), the
Administrator shall--
``(I) notify, in writing, the State
apprenticeship agency of the failure of
the State apprenticeship agency,
including a description of such failure
and an explanation that the agency's
recognition under this section may be
withdrawn as a result of such failure;
and
``(II) offer the State
apprenticeship agency an opportunity to
request a hearing not later than 30
days after the date of such notice.
``(ii) Referral to office of administrative
law judges.--In a case in which the State
apprenticeship agency requests a hearing under
clause (i)(II), the Administrator shall refer
the matter to the Office of Administrative Law
Judges for a recommended decision by the
Administrative Review Board for final agency
action.
``(4) Requirements regarding withdrawal of recognition.--
``(A) Office of apprenticeship.--
``(i) Prior to order.--Prior to the
withdrawal of the recognition of a State
apprenticeship agency under this section, the
Administrator shall--
``(I) provide to the State
apprenticeship agency an order
withdrawing recognition of such agency
under this section; and
``(II) establish a State Office of
Apprenticeship; and
``(ii) After order.--Not later than 30 days
after the date of such order, provide
notification of the withdrawal to the sponsors
of the programs under the national
apprenticeship system in such State that were
registered with the State apprenticeship agency
to enable each such sponsor to be registered
with the Administrator (acting through the
State Office of Apprenticeship established
under clause (i)(II)).
``(B) State apprenticeship agency requirements.--A
State agency whose recognition as a State
apprenticeship agency under this section has been
withdrawn under paragraph (3) shall--
``(i) provide to the Administrator program
standards, apprenticeship agreements,
completion records, cancellation and suspension
records, performance metrics, and any other
documents relating to the State's programs
under the national apprenticeship system in the
State;
``(ii) cooperate fully during the
transition period beginning on the date of the
order withdrawing such recognition and ending
on the date on which the Administrator
establishes a State Office of Apprenticeship in
the State; and
``(iii) return any unused funds received
under this Act.
``(5) Reinstatement of recognition.--A State apprenticeship
agency that has had its recognition withdrawn under this
section may have such recognition reinstated upon presentation
of adequate evidence that the State apprenticeship agency has--
``(A) submitted an application under subsection
(a)(2); and
``(B) demonstrated the ability to operate in
compliance with the requirements of this Act.
``(f) Reservation and State Allotments.--
``(1) State allotments.--
``(A) In general.--Of the amount appropriated under
subsection (g) for a fiscal year--
``(i) 33 \1/3\ percent shall be equally
distributed among each State Office of
Apprenticeship, outlying area, and eligible
State; and
``(ii) 66 \2/3\ percent shall be allotted
to eligible States on the basis described in
subparagraph (B).
``(B) Formula.--
``(i) In general.--Of the amount available
under subparagraph (A)(ii)--
``(I) 25 percent shall be allotted
on the basis of the relative share of
program participants in each eligible
State, as determined on the basis of
the most recent satisfactory data
available from the Administrator,
compared to the total number of program
participants in all eligible States, as
determined on such basis;
``(II) 25 percent shall be allotted
on the basis of the relative share of
program participants who have completed
a program under the national
apprenticeship system in each eligible
State during the most recent 5-year
period, as determined on the basis of
the most recent satisfactory data
available from the Administrator,
compared to the total 5-year average of
program participants who have completed
a program in all eligible States, as
determined on such basis; and
``(III) 50 percent shall be
allotted on the basis described in
clause (ii).
``(ii) Allotments based on bls and acs
data.--Of the amount available under clause
(i)(III)--
``(I) 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.
``(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 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 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;
``(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, media and
entertainment, or education (including early
childhood education);
``(ii) to expand existing apprenticeship
programs demonstrating labor market demand;
``(iii) to create new or expand existing
pre-apprenticeship programs; or
``(iv) to create new or expand existing
youth apprenticeship programs.
``(B) Encouraging employer participation.--To
encourage employer participation in programs under the
national apprenticeship system--
``(i) that target individuals with barriers
to employment in youth apprenticeship, pre-
apprenticeship, or apprenticeship programs,
prioritizing nontraditional apprenticeship
populations such as women, minorities, English
language learners, long-term unemployed,
individuals with a disability, individuals with
substance abuse issues, veterans, military
spouses, individuals experiencing homelessness,
individuals impacted by the criminal or
juvenile justice system (such as individuals
currently or recently incarcerated), and foster
and former foster youth;
``(ii) that are in high-need social
service-related industries, sectors, or
occupations, such as direct care workers and
early childhood, elementary school, and
secondary school educators;
``(iii) among small- and medium-sized
employers; or
``(iv) that target individuals recently
employed in carbon-intensive industries,
including the production, transportation, or
distribution of fossil fuels and the generation
of electricity from fossil fuels.
``(C) Intermediary grants.--To establish or expand
sector-based partnerships for the delivery of programs
under the national apprenticeship system to significant
scale through--
``(i) national industry qualified
intermediaries in key sectors, including
manufacturing, information technology, cyber
security, health care, insurance and finance,
energy, hospitality, retail, construction,
transportation, and other sectors identified by
the Administrator and the Advisory Committee as
targeted for expansion under the national
apprenticeship system;
``(ii) national equity qualified
intermediaries serving nontraditional
apprenticeship populations, women, minorities,
individuals with disabilities, and individuals
impacted by the criminal or juvenile justice
system; or
``(iii) local or regional qualified
intermediaries serving programs under the
national apprenticeship system.
``(D) Educational alignment.--To strengthen
alignment between programs under the national
apprenticeship system and education and training
providers with secondary, postsecondary, and adult
education systems, including degree and credential
requirements.
``(2) Duration.--
``(A) In general.--The Administrator shall award
grants, contracts, or cooperative agreements under this
subsection for a period of not more than 3 years.
``(B) Extension.--The eligible entity may apply
for, and the Administrator may grant, an extension of
the grant period for not more than 1 additional 2-year
period, if the grant recipient demonstrates to the
Administrator that the recipient--
``(i) has effectively implemented a project
to achieve its stated purpose as described in
subsections (e) and (f);
``(ii) has complied with the assurances as
described in subsection (e)(9); and
``(iii) has improved applicable outcomes,
as demonstrated through indicators referred to
in section 203(a)(2).
``(b) Funding Requirements.--
``(1) Matching funds required.--The Administrator shall
require, as a condition of receipt of funds under this section,
an eligible entity to match funds awarded under this section in
an amount not less than 25 percent of the funds awarded to such
recipient under this section. Such eligible entity may make the
matching funds available directly or through donations from
non-Federal, public, or private organizations, in cash or in
kind, fairly evaluated.
``(2) Waiver.--The Administrator may waive the requirement
under paragraph (1) if the entity demonstrates that exceptional
circumstances prevent the entity from meeting the requirement,
such as demonstrating that the entity serves a high proportion
of individuals with barriers to employment, or due to
exceptional or uncontrollable circumstances, such as a natural
disaster or a precipitous and unforeseen decline in the
financial resources of the eligible entity.
``(c) Priority and Distribution.--
``(1) Priority.--In awarding grants, contracts, or
cooperative agreements under this section, the Administrator
shall give priority to an eligible entity--
``(A) proposing to serve a high number or high
percentage of participants who are from nontraditional
apprenticeship populations; and
``(B) providing opportunities in high-wage, high-
skill, or in-demand sectors and occupations.
``(2) Geographic distribution.--In awarding grants,
contracts, or cooperative agreements under this subsection, the
Administrator shall, to the extent practicable, ensure a
geographically diverse distribution of such awards, including a
geographically diverse distribution among regions of the
country and among urban, suburban, and rural areas.
``(d) Eligible Entity.--To be eligible to apply for grants,
contracts, or cooperative agreements under this title, an eligible
entity shall--
``(1) demonstrate a partnership with two or more of the
following--
``(A) a State or local workforce development board
or State or local workforce agency;
``(B) an education and training provider, or a
consortium thereof;
``(C) a State apprenticeship agency;
``(D) an Indian Tribe or Tribal organization;
``(E) an industry or sector partnership, a group of
employers, a trade association, or a professional
association that sponsors or participates in a program
under the national apprenticeship system;
``(F) a Governor;
``(G) a labor organization or joint labor-
management organization;
``(H) community-based organizations that assist
program participants in accessing supportive services;
or
``(I) a qualified intermediary; and
``(2) to the extent practicable--
``(A) be part of an industry or sector partnership;
and
``(B) partner with a labor or joint labor-
management organization.
``(e) General Application Requirements.--An eligible entity
applying for a grant under this section shall submit to the
Administrator a description of each of the following:
``(1) Each purpose under subsection (a) for which the
applicant intends to use such grant.
``(2) Each entity with which the eligible entity is
partnered or engaged under subsection (d) and the role of each
such entity in carrying out activities funded under this
subsection.
``(3) The ability of the applicant, directly or through
partners--
``(A) to enroll, instruct, advance, and graduate
program participants served by the grant activities,
and enable the participants to gain employment after
program completion;
``(B) to support (including by providing technical
assistance) program sponsors and employers (especially
small- and medium-sized businesses) in the creation of,
recruitment for, and execution of programs under the
national apprenticeship system; and
``(C) to provide opportunities to rural
communities, as applicable.
``(4) A labor market analysis with respect to the
geographic area of service that demonstrates--
``(A) the need to create or expand the program; and
``(B) a plan to align the activities supported by
the grant with the labor market needs of high-skill,
high-wage, or in-demand industry sectors or
occupations.
``(5) A plan--
``(A) to comply with requirements for an evaluation
and report under section 203;
``(B) as appropriate, to coordinate activities
assisted under the grant with activities carried out
under the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2301 et seq.), the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6301 et seq.), the Higher Education Act of 1965
(20 U.S.C. 1001 et seq.), the Workforce Innovation and
Opportunity Act (29 U.S.C. 3101 et seq.), and any
related Federal programs and if appropriate, how funds
provided under these programs will be leveraged in
support of the programs supported by this grant;
``(C) to use funds awarded under this section in
support of the programs supported by this grant, as
described in section 202;
``(D) to continue the program after the grant
period ends;
``(E) to recruit and retain program participants
for pre-apprenticeship, youth apprenticeship, and
apprenticeship programs, including from nontraditional
apprenticeship populations, such as women, minorities,
individuals with disabilities, individuals impacted by
the criminal or juvenile justice system, and
individuals with barriers to employment;
``(F) to ensure program participants are able to
access supportive services, as applicable; and
``(G) to comply with the equal opportunity
requirements for diversity described in subparagraphs
(B) and (C) of section 111(b)(7) and section 113(c)(5),
as applicable.
``(6) For any grants, contracts, or cooperative agreements
expanding existing programs under the national apprenticeship
system, a description of--
``(A) a plan to coordinate the activities carried
out under the grant with the existing program; and
``(B) the effectiveness of the program, including
demonstrations of programmatic components such as
program costs to employers and to program participants,
completion and placement rates, credential attainment,
diversity in populations served, the effectiveness of
the program in increasing participant's wages and
benefits, or services provided to employers and program
participants.
``(7) A description of potential program participants and
strategies to support the recruitment, retention, and
completion of such participants, including nontraditional
apprenticeship populations and individuals with barriers to
employment, to the extent practicable.
``(8) A description of strategies to recruit and support
employers involved in programs under the national
apprenticeship system.
``(9) An assurance that the eligible entity will--
``(A) provide information to the Administrator, as
requested, for any such evaluations as the
Administrator may carry out;
``(B) make program performance data collected under
section 131 available (in accordance with applicable
data privacy laws, including section 444 of the General
Education Provisions Act (20 U.S.C. 1232g) and section
4 of this Act) to independent evaluators to enable the
evaluators to prepare the evaluations and research
reports described in section 203(a)(1); and
``(C) coordinate grant activities with a State
Apprenticeship Agency, if such agency exists in the
State where the eligible entity is applying for a grant
or carrying out activities.
``(f) Additional Application Requirements.--The Administrator shall
require an eligible entity applying for a grant under this title to
include as part of their application in subsection (e) the following
information, as applicable:
``(1) Creation and expansion activities.--
``(A) New apprenticeship programs.--An eligible
entity applying to create new apprenticeship programs
and carry out activities in accordance with subsection
(a)(1)(A)(i) shall include as part of their application
a description of--
``(i) any plans for further expansion upon
development of the program; and
``(ii) employers, and to the extent
practicable, labor organizations or joint
labor-management organizations, engaged in the
program creation and implementation.
``(B) Expanding apprenticeship programs.--An
eligible entity applying to expand existing
apprenticeship programs and carry out activities in
accordance with subsection (a)(1)(A)(ii) shall include
as part of their application a description of employers
engaged in the program expansion.
``(C) Creating or expanding pre-apprenticeship
programs.--An eligible entity applying to create or
expand pre-apprenticeship programs and carry out
activities in accordance with subsection (a)(1)(A)(iii)
shall include as part of their application a
description of--
``(i) a partnership between the eligible
entity and at least one apprenticeship program;
and
``(ii) existing partnerships with employers
acting in either an advisory capacity or
actively participating in the pre-
apprenticeship program.
``(D) Creating or expanding youth apprenticeship
programs.--An eligible entity applying to create or
expand youth apprenticeship programs and carry out
activities in accordance with subsection (a)(1)(A)(iv)
shall include as part of their application a
description of--
``(i) an existing partnership with at least
one high school offering related instruction
for the youth apprenticeship program, with
existing integration into the academic content
of the high school diploma requirements, or
with demonstrated plans for integration of
related instruction into the high school
curriculum; and
``(ii) existing partnerships with employers
acting in either an advisory capacity or
actively participating in the youth
apprenticeship program.
``(2) Encouraging employer participation.--
``(A) Individuals with barriers to employment.--An
eligible entity applying to target individuals with
barriers to employment for apprenticeship, youth
apprenticeship, or pre-apprenticeship programs and
carry out activities in accordance with subsection
(a)(1)(B)(i) shall include as part of their application
a description of--
``(i) specific strategies to target both
individuals with barriers to employment and
employers for participation in the program; and
``(ii) partnerships with organizations that
assist program participants in accessing
supportive services to support recruitment,
retention, and completion of the program by
program participants.
``(B) High-need social service-related
industries.--An eligible entity applying to offer pre-
apprenticeship, youth apprenticeship, or apprenticeship
programs in high-need social service-related
industries, sectors, or occupations and carry out
activities in accordance with subsection (a)(1)(B)(ii)
shall include as part of their application a
description of wages and benefits offered to program
participants.
``(C) Individuals currently or recently
incarcerated.--An eligible entity applying to target
individuals currently or recently incarcerated and
establish or carry out pre-apprenticeship programs and
apprenticeship programs in accordance with subsection
(a)(1)(B)(iii) shall include as part of their
application a description of--
``(i) a plan to assist the program
participants in obtaining the documentation and
work authorization necessary to participate in
such program;
``(ii) partnerships with organizations that
will assist program participants in accessing
activities to improve financial literacy and
supportive services;
``(iii) how the assessments used to support
the placement of potential program participants
into a program accurately reflect the
participants' skills and competencies;
``(iv) a plan to provide information about
resources to program participants to address
mental health or substance abuse issues;
``(v) partnerships with organizations that
support--
``(I) the transition from
incarceration to re-entry, such as
assistance with housing,
transportation, child care, and legal
services; and
``(II) successful completion of an
apprenticeship or pre-apprenticeship
program;
``(vi) wages and benefits offered to
program participants that are commensurate with
wages for similar work in the State or local
area, as allowable; and
``(vii) alignment and necessary supports to
comply with and receive the benefits of the
Federal Bonding Program and the Prison Industry
Enhancement Certification Program for employers
participating in apprenticeship programs.
``(D) Small- and medium-sized employers.--An
eligible entity applying to engage small- and medium-
sized employers and carry out activities in accordance
with subsection (a)(1)(B)(iv) shall include as part of
their application a description of demonstrated success
in engaging small- and medium-sized employers and the
ability to recruit new employers to participate in
related partnerships or programs, including small
businesses owned or controlled by women, minorities, or
veterans.
``(E) Individuals recently employed in carbon-
intensive industries.--An eligible entity applying to
target individuals recently employed in carbon-
intensive industries and establish or carry out pre-
apprenticeship programs and apprenticeship programs in
accordance with subsection (a)(1)(B)(v) shall include
as part of their application a description of--
``(i) specific strategies to target
individuals recently employed in carbon-
intensive industries for participation in the
program;
``(ii) a plan to assist the program
participants in applying the skills utilized in
carbon-intensive industries to employment
opportunities in other sectors; and
``(iii) wages and benefits offered to
program participants that are commensurate with
wages for similar work.
``(3) Intermediary grants.--
``(A) Supporting national industry and equity
intermediaries.--An eligible entity applying to carry
out activities in accordance with subsection
(a)(1)(C)(i) shall include as part of their application
a description of the ability of such entity to convene
a diverse group of industry specific stakeholders for
the purposes of developing or expanding programs,
including employers, workforce development
organizations, industry associations, labor groups
(including joint labor-management organizations), small
businesses owned or controlled by women, minorities, or
veterans, and education and training providers at a
national level or with national reach.
``(B) Serving programs in a local or regional
setting.--An eligible entity applying to carry out
activities in accordance with subsection (a)(1)(C)(ii)
shall include as part of their application a
description of how such entity will--
``(i) engage employers, especially small-
and medium-sized businesses, in the formation
or ongoing development of industry or sector
partnerships and programs in the national
apprenticeship system;
``(ii) identify the industry or sector
partnerships that will be served, and
demonstrate alignment to high-skill, high-wage,
or in-demand industry sectors or occupations;
``(iii) leverage additional resources,
including funding provided by Federal and non-
Federal resources; and
``(iv) provide services to program sponsors
and program participants.
``(4) Educational alignment.--An eligible entity applying
to carry out activities in accordance with subsection (a)(1)(D)
shall include as part of their application a description of--
``(A) a demonstration of a partnership with--
``(i)(I) no less than three sponsors or
employers; or
``(II) an industry or sector partnership;
and
``(ii) at least 1 of the following--
``(I) an educational service
agency;
``(II) a high school;
``(III) a local educational agency;
``(IV) State educational agency;
``(V) an Indian Tribe, Tribal
organization, Tribal educational
agency, Tribally controlled college or
university, or Tribally controlled
postsecondary career and technical
institution, as applicable;
``(VI) a postsecondary educational
institution;
``(VII) a Job Corps center (as
defined in section 142 of the Workforce
Innovation and Opportunity Act (29
U.S.C. 3192)); or
``(VIII) a State higher education
agency; and
``(B) a commitment to establishing or expanding the
alignment of the related instruction to--
``(i) the requirements for a high school
diploma, which may be fulfilled through a dual
or concurrent enrollment program; or
``(ii) the requirements for a recognized
postsecondary credential, including the degree
requirements for an associate's or bachelor's
degree.
``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 active pre-apprentices,
including those that would verify the
attainment of foundational knowledge and skills
necessary to succeed in an apprenticeship
program;
``(v) development or expansion of
partnerships with organizations that assist
program participants in accessing supportive
services, which may include the 12-month period
after the conclusion of a pre-apprenticeship
program;
``(vi) providing commensurate wages to the
linked apprenticeship program for pre-
apprentices as they participate in and complete
the pre-apprenticeship program, as appropriate;
``(vii) paying the cost of related
instruction or assessment or licensure fees
associated with the pre-apprenticeship program,
as appropriate;
``(viii) providing stipends to pre-
apprentices enrolled in a pre-apprenticeship
program to cover costs such as housing,
transportation, childcare or out of pocket
expenses resulting from the pre-apprenticeship
program such as assessments and fees for
industry recognized credentials or drivers
licenses during the time of enrollment; or
``(ix) creating or expanding industry or
sector partnerships to support the pre-
apprenticeship program and to provide
additional opportunities to the pre-
apprentices.
``(D) Youth apprenticeship programs.--An eligible
entity that receives funds under section
201(a)(1)(A)(iv) shall use such funds to create a new
youth apprenticeship program or expand an existing
youth apprenticeship program, which may include--
``(i) paying for the costs associated with
curriculum development and alignment of that
curriculum with recognized postsecondary
credentials including industry recognized
credentials, high school graduation
requirements, and related instruction,
including curriculum development for dual or
concurrent enrollment;
``(ii) providing employers, and to the
extent practicable, labor organizations and
joint labor-management organizations, technical
assistance to support the participation of
youth apprentices under the age of 18;
``(iii) integrating work-based and academic
learning, which may include training in the
workplace;
``(iv) providing career exploration and
career planning activities, including
exploration of postsecondary opportunities such
as apprenticeship programs;
``(v) providing technical assistance to
support the participation of small- and medium-
sized businesses in youth apprenticeship
programs;
``(vi) developing or expanding partnerships
with organizations that assist program
participants in accessing supportive services,
which may include the 12-month period after the
conclusion of such a youth apprenticeship
program; or
``(vii) providing teachers, career guidance
and academic counselors, school leaders,
administrators, specialized instructional
support personnel, and paraprofessionals with
professional development opportunities to build
an understanding of apprenticeship
opportunities available to students, including
experiential opportunities like externships.
``(2) Incentive funds.--
``(A) Barriers to employment.--An eligible entity
that receives funds under section 201(a)(1)(B)(i) shall
use such funds to encourage employer participation in
programs under the national apprenticeship system that
target individuals with barriers to employment, which
may include--
``(i) providing financial assistance to
employers to support costs related to the
programs, such as training incumbent workers
for participation as mentors or employees
supervising the on-the-job learning;
``(ii) supporting the cost of related
instruction, assessment or licensure fees, or
wages for program participants during related
instruction; and
``(iii) establishing or expanding
partnerships with organizations that assist
program participants in accessing supportive
services to support recruitment, retention, and
completion, including providing supplies and
equipment necessary to begin a program under
the national apprenticeship system.
``(B) High-need social service-related
industries.--An eligible entity that receives funds
under section 201(a)(1)(B)(ii) shall use such funds to
incentivize employer participation in programs under
the national apprenticeship system in high need social
service-related industries, sectors, or occupations,
which may include--
``(i) providing financial assistance to
employers to support costs related to the
program, such as training incumbent workers as
mentors, or employees providing on-the-job
training;
``(ii) supporting the cost of related
instruction, assessment or licensure fees, or
wages for program participants during related
instruction;
``(iii) establishing or expanding
partnerships with organizations that assist
program participants in accessing supportive
services to support recruitment, retention, and
completion, including providing supplies and
equipment necessary to begin a program under
the national apprenticeship system; or
``(iv) aligning such program with career
pathways and opportunities for advancement
along such career pathways.
``(C) Individuals impacted by the justice system.--
An eligible entity that receives funds under section
201(a)(1)(B)(iii) shall use such funds to incentivize
employer participation in programs under the national
apprenticeship system that target individuals impacted
by the criminal or juvenile justice system, which may
include--
``(i) providing financial assistance to
employers to support costs related to the
program, such as training incumbent workers as
mentors or employees supervising the on-the-job
learning; or
``(ii) supporting the cost of related
instruction, assessment or licensure fees, or
wages for program participants during related
instruction.
``(D) In-demand industry sector or occupation
grants for small- and medium-sized businesses.-- An
eligible entity that receives funds under section
201(a)(1)(B)(iv) shall use such funds to encourage
participation of small- and medium-sized businesses in
programs under the national apprenticeship system,
which may include--
``(i) providing financial assistance to
employers to support costs related to the
program, such as training incumbent workers as
mentors or employees supervising the on-the-job
learning;
``(ii) supporting the cost of related
instruction, assessment or licensure fees, or
wages for program participants during related
instruction;
``(iii) providing technical assistance to
small- and medium-sized businesses on the
program registration process and leveraging
other available funds to support carrying out
programs supported by this grant; or
``(iv) establishing or expanding
partnerships to support program development or
expansion, including establishing or expanding
industry or sector partnerships to ensure
inclusion of small- and medium-sized
businesses.
``(3) Intermediary grants.--
``(A) National industry and equity
intermediaries.--An eligible entity that receives funds
under section 201(a)(1)(C)(i) shall use such funds to
carry out activities at a national and regional level
to support the promotion and expansion of industry or
equity intermediaries, which may include--
``(i) creating partnerships and leveraging
collaborations with employers, workforce
development organizations, industry
associations, labor organizations, and
education and training providers to help
multiple employers make education and training
more affordable and accelerate the expansion of
programs under the national apprenticeship
system nationwide;
``(ii) assisting employers in expanding
programs, starting new programs, and working
together to create a pipeline of skilled
workers;
``(iii) increasing the participation and
completion of nontraditional apprenticeship
populations in programs under the national
apprenticeship system, which may include--
``(I) supporting the development,
implementation, and scaling of plans
and practices; and
``(II) identifying, developing, and
disseminating effective program tools
and strategies;
``(iv) providing national activities to
increase awareness and access to programs,
including strategic marketing and outreach,
technology improvements, and innovations that
make it easier for employers to start programs
and for individuals to connect with program
opportunities;
``(v) developing and disseminating training
or related instruction associated with the
program or for curriculum improvements that
align with the requirements of the program and
learning assessments; or
``(vi) providing industry employees or
potential employees with a clear understanding
of future career paths and the skills needed to
succeed, along with cost effective ways of
acquiring those skills through youth
apprenticeship, pre-apprenticeship, or
apprenticeship programs.
``(B) Local intermediaries.--An eligible entity
that receives funds under section 201(a)(1)(C)(ii) may
use such funds to carry out activities at a local or
regional level to support the promotion and expansion
of programs under the national apprenticeship system,
which may include--
``(i) providing training or related
instruction associated with the programs or for
curriculum improvements that align with the
requirements of the programs and learning
assessments;
``(ii) engaging with local education and
training providers to support related
instruction aligned with the needs of high-
skill, high-wage, or in-demand industry sectors
and occupations, and to the extent practicable,
support the provision of academic credit for
related instruction;
``(iii) providing services, including
business engagement, classroom instruction, and
development of partnerships with organizations
that assist program participants in accessing
supportive services (which may include the 12-
month period after the conclusion of the other
activities in the youth apprenticeship and pre-
apprenticeship programs involved);
``(iv) providing technical assistance on
the registration process for a sponsor of a
youth apprenticeship, pre-apprenticeship, or
apprenticeship program;
``(v) connecting businesses, labor
organizations, or joint labor-management
organizations with education and training
providers to develop related instruction to
complement the on-the-job learning portion of a
youth apprenticeship, pre-apprenticeship, or
apprenticeship program;
``(vi) providing training to employees to
serve as on-the-job trainers or mentors to
program participants; and
``(vii) providing career exposure, career
planning, and career awareness activities.
``(4) Educational alignment grants.--An eligible entity
that receives funds under section 201(a)(1)(D) shall use such
funds to strengthen alignment between programs under the
national apprenticeship system and education and training
providers with secondary and postsecondary education systems,
including degree and credential requirements, which may
include--
``(A) creating and aligning the related instruction
to requirements for a high school diploma or an
associate's or bachelor's degree, including through--
``(i) dual enrollment and credit
articulation for youth apprenticeship programs;
``(ii) articulation agreements; or
``(iii) credit transfer agreements;
``(B) creating or expanding career pathways aligned
with pre-apprenticeship, youth apprenticeship, or
apprenticeship programs;
``(C) providing professional development for
teachers, career guidance and academic counselors,
school leaders, administrators, specialized
instructional support personnel, and paraprofessionals
to build an understanding of opportunities in the
national apprenticeship system available to students
and to incorporate such opportunities into academic
content and offerings;
``(D) offering prior learning assessments, which
may include credit for prior learning to grant advanced
standing in a program under the national apprenticeship
system and credit towards an associate's or bachelor's
degree;
``(E) maintaining a connection between a pre-
apprenticeship or youth apprenticeship program and an
apprenticeship program; and
``(F) providing training for instructors or
mentors.
``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)).
(7) Historically black college or university.--The term
``historically Black college or university'' has the meaning
given the term ``part B institution'' in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061).
(8) Minority-serving institution.--The term ``minority-
serving institution'' a means a Hispanic-serving institution,
Alaska Native-serving institution and Native Hawaiian-serving
institution, Predominantly Black Institution, Asian American
and Native American Pacific Islander-serving institution, or
Native American-serving nontribal institution, as defined in
section 371 of the Higher Education Act of 1965 (20 U.S.C.
1067q(a)).
(9) Perkins definitions.--The terms ``career and technical
education'' and ``work-based learning'' have the meanings given
the terms in section 3 of the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2302).
(10) Postsecondary stem pathway.--The term ``postsecondary
STEM pathway'' means a sequence of courses focused on STEM
education, including advanced coursework approved by the
eligible entity taken at any point during high school, that--
(A) when taken together, provide at least 12 credit
hours or the equivalent coursework toward an associate
degree or baccalaureate degree, or, in the case of
postsecondary credit in career and technical education
earned through such sequence of courses, credit toward
a recognized postsecondary credential for a high-skill,
high-wage, or in-demand industry sector or occupation;
(B) if completed successfully, results in credit
that--
(i) counts as credit toward the State's
regular high school diploma; and
(ii) is a part of the statewide
articulation agreement described in subsection
(d)(2)(B); and
(C) may include work-based learning in a STEM field
aligned with the academic coursework offered in a
postsecondary STEM pathway.
(11) State.--The term ``State'' means each of the 50
States, the District of Columbia, and Puerto Rico.
(12) STEM education.--The term ``STEM education'' has the
meaning given the term in section 2 of the STEM Education Act
of 2015 (42 U.S.C. 6621 note).
(13) Students from a family with a low income.--The term
``students from a family with a low income'' means any students
who are identified by any of the measures described in section
1113(a)(5) of the Elementary and Secondary Education Act (20
U.S.C. 6313(a)(5)).
(14) Subgroup of students.--The term ``subgroup of
students'' means--
(A) each subgroup of students described in
subclauses (I) through (IV) of section
1111(b)(2)(B)(xi) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311(b)(2)(B)(xi));
(B) homeless children and youths, as defined in
section 725 of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11434a);
(C) students who are in foster care or are aging
out of the foster care system; and
(D) first-generation college students.
(15) Tribal college or university.--The term ``Tribal
College or University'' has the meaning given that term in
section 316 of the Higher Education Act of 1965 (20 U.S.C.
1059c).
(16) WIOA definitions.--The terms ``in-demand industry
sector or occupation'', ``industry or sector partnership,''
``local board'', ``recognized postsecondary credential'', and
``State board'' have the meanings given the terms in section 3
of the Workforce Innovation and Opportunity Act (29 U.S.C.
3102).
(c) Authorization of Grants.--
(1) In general.--From the amounts appropriated under
subsection (j) and not reserved under paragraph (2), the
Secretary shall award grants, on a competitive basis, to
eligible entities to enable those eligible entities to
implement activities described under subsection (e).
(2) Reservations.--From the total amount appropriated under
subsection (j) for a fiscal year, the Secretary shall reserve--
(A) 1 percent for the Bureau of Indian Education to
improve access to postsecondary STEM pathways;
(B) 1 percent for allotments for payments to the
outlying areas, to be distributed among those outlying
areas on the basis of their relative need, as
determined by the Secretary, to improve access to
postsecondary STEM pathways;
(C) 2 percent to conduct the evaluation described
under subsection (g); and
(D) 2 percent for technical assistance and
dissemination, which may include--
(i) providing, directly or through grants,
contracts, or cooperative agreements, technical
assistance on using evidence-based practices to
improve the outcomes of activities funded under
this section; and
(ii) disseminating information on evidence-
based practices that are successful in
improving the quality of activities funded
under this section.
(3) Duration.--A grant awarded under this section shall be
for a period of not more than 5 years.
(4) Renewal.--The Secretary may renew a grant awarded under
this section for 1 additional 2-year period for programs that
meet the goals specified in subsection (d)(4)(B).
(5) Diversity of projects.--In awarding grants under this
section, the Secretary shall ensure that, to the extent
practicable, grants are distributed among eligible entities
that will serve geographically diverse areas, including urban,
suburban, and rural areas.
(6) Sufficient size and scope.--Each grant awarded under
this section shall be of sufficient size and scope to allow the
eligible entity to carry out the purposes of this section.
(7) Priorities.--In awarding grants under this section, the
Secretary shall give priority to applications that--
(A) prioritize evidence-based strategies to
increase the access of all subgroups of students served
by the eligible entity to postsecondary STEM pathways;
and
(B) are submitted by eligible entities that include
local educational agencies who are in the highest
quartile of local educational agencies, in a ranking of
all qualified local educational agencies in the State,
ranked in descending order by the number or percentage
of children in each agency counted under section
1124(c) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6333(c)).
(d) Eligible Entity Application.--In order to receive a grant under
subsection (c)(1), the eligible entity shall submit an application to
the Secretary, at such time, and in such manner as the Secretary may
reasonably require. Such application shall include--
(1) signatures from the Governor, chief State school
officer, and the State higher education executive officer (or,
in the case of a State without such an officer, a
representative of an entity described in subsection
(b)(2)(A)(iii) within such eligible entity) verifying that the
eligible entity shall meet the requirements described in
paragraph (2) within the specified timeframe;
(2) a description of how the eligible entity will, not
later than 2 years after the date of the initial receipt of
funds under this section--
(A) ensure STEM postsecondary pathways are aligned
with entrance requirements for credit-bearing
coursework at the State's public institutions of higher
education; and
(B) develop or expand a formal, universal statewide
articulation agreement among all public institutions of
higher education or systems in the State--
(i) to guarantee that--
(I) all advanced coursework
successfully completed as part of a
postsecondary STEM pathway results in
credit that--
(aa) counts as credit for a
regular high school diploma;
(bb) is fully acceptable in
transfer and is credited toward
meeting related degree or
certificate requirements by all
public institutions of higher
education in the State; and
(II) if a student earns an
associate degree (including an
associate degree in applied science) as
part of a postsecondary STEM pathway,
such associate degree, awarded by a
participating institution of higher
education in the State, shall be fully
acceptable in transfer and credited as
the first 2 years of a related
baccalaureate program at a public
institution of higher education in such
State and, as applicable, other
institutions of higher education
participating in an articulation
agreement described in subparagraph
(C); and
(ii) to facilitate the seamless transfer of
credit earned in the postsecondary STEM
pathway, and at the discretion of the eligible
entity, any other advanced coursework made
available in the State, among such institutions
of higher education, including between 2-year
and 4-year public institutions of higher
education and other institutions of higher
education participating in an articulation
agreement described in subparagraph (C), by
using methods such as--
(I) common course numbering;
(II) a general education core
curriculum; and
(III) management systems regarding
course equivalency, transfer of credit,
and articulation; and
(C) in the case of one or more public institutions
of higher education in another State, or one or more
private, nonprofit institutions of higher education
(including public institutions in another State and
private, nonprofit institutions that are historically
Black colleges and universities, Tribal Colleges and
Universities, and minority-serving institutions), which
seek to participate in a postsecondary STEM pathway
supported by the eligible entity, enable such
institutions to participate in such postsecondary STEM
pathway by developing one or more separate articulation
agreements with such institutions that are aligned with
the requirements of the articulation agreement
described in subparagraph (B);
(3) a description of how the eligible entity will
disseminate information at a minimum to all subgroups of
students in the middle grades and high school served by the
eligible entity, including their families, about the
opportunity to participate in a postsecondary STEM pathway and
the benefits of participation;
(4) a description of how the eligible entity will implement
postsecondary STEM pathways in all local educational agencies
participating in the eligible entity, including--
(A) the timeline and plan to provide, by the end of
the grant period, a substantial number of students in
the local educational agencies within the eligible
entity the opportunity to participate in a
postsecondary STEM pathway; and
(B) annual goals for participation in advanced
coursework and postsecondary STEM pathways among all
subgroups of students such that, if the goals are met--
(i) significant progress will be made
toward increasing equity in access to and
participation in advanced coursework and
postsecondary STEM pathways for subgroups of
students across the local educational agencies
within the eligible entity; and
(ii) the demographics of students
participating in advanced coursework and
postsecondary STEM pathways will be similar to
the demographics of total student enrollment in
the State the eligible entity is located in by
the end of the grant period;
(5) a description of how the eligible entity has, or will,
ensure that postsecondary STEM pathways are aligned with
recognized postsecondary credentials in high-skill, high-wage,
or in-demand industries or occupations and provide students,
where appropriate, with opportunities for work-based learning;
(6) a description of how the eligible entity consulted with
stakeholders in development of its application and how the
eligible entity will continue to engage, collaborate, and
solicit feedback with stakeholders to improve implementation of
the application requirements described in this subsection and
uses of funds described in subsection (e), including--
(A) the State board of education (if the State has
a State board of education);
(B) the State higher education governing or
coordinating entity (if the State has such an entity);
(C) the State board and relevant local boards;
(D) the State agency responsible for the
administration of career and technical education in the
State or for the supervision of the administration of
career and technical education in the State (if the
State has such an entity);
(E) institutions of higher education in the State;
(F) local educational agencies, including those
located in rural areas and with the highest enrollments
of students from low income families, as described in
subsection (c)(7)(B);
(G) representatives of Indian Tribes located in the
State;
(H) charter school leaders (if the State has
charter schools);
(I) civil rights organizations in the State;
(J) business leaders or their representatives in
the State;
(K) teachers, principals, and other school leaders;
and
(L) parents and students;
(7) an assurance that the eligible entity will provide
postsecondary STEM pathways at no cost to students and their
families, including that students and their parents shall not
be required to pay the cost of tuition, fees (including
examination fees associated with Advanced Placement,
International Baccalaureate, and similar examinations), books,
and supplies necessary to successfully complete postsecondary
STEM pathways;
(8) an assurance that not less than half of grant funds
received by the eligible entity will be used to support all
subgroups of students in accessing and completing postsecondary
STEM pathways;
(9) an assurance that the State will comply with the
supplement, not supplant requirement described under subsection
(h); and
(10) a description of how the eligible entity will sustain
the activities assisted under the grant after the end of the
grant period.
(e) Uses of Funds.--
(1) Required uses.--An eligible entity receiving a grant
under this section shall use grant funds to carry out the
following:
(A) Activities to implement the alignment
requirements pursuant to subsection (d)(2) for a period
of time not to exceed the first 2 fiscal years for
which the grant is provided.
(B) Supporting the development and implementation
of postsecondary STEM pathways consistent with the
timeline, plan, and goals specified in subsection
(d)(4) in order to increase the number of students
accessing and completing postsecondary STEM pathways in
the State, which may include--
(i) expanding advanced coursework offered
to students served by the eligible entity to
increase the availability of postsecondary STEM
pathways;
(ii) covering tuition, fees (including
examination fees associated with Advanced
Placement, International Baccalaureate, and
similar examinations), books, and supplies for
students participating in postsecondary STEM
pathways, in accordance with subsection (d)(7);
and
(iii) covering transportation and
technology infrastructure (including computers
devices and internet connectivity) costs
necessary for full participation in
postsecondary STEM pathways for students from a
family with a low income.
(C) Implementing programs and activities to improve
student preparation for, and participation in
postsecondary STEM pathways, with a priority for
students enrolled in local educational agencies
described in subsection (c)(7)(B) and subgroups of
students, which may include--
(i) using data from evidence-based early
warning indicator systems;
(ii) providing supplemental advising or
counseling activities that are voluntary to
students, including information on choosing
postsecondary options, applying for financial
aid, completing applications to institutions of
higher education, and career counseling and
advising, beginning as early as the middle
grades; and
(iii) other evidence-based activities to
support the successful implementation of
postsecondary STEM pathways and students'
transition from high school to postsecondary
education.
(D) Conducting outreach and communicating with
subgroups of students, including their families, to
build awareness about the opportunity to participate in
a postsecondary STEM pathway and the benefits of
participation.
(2) Permitted uses.--An eligible entity receiving a grant
under this section may also use grant funds to--
(A) provide professional development or recruitment
for educators employed by the local educational
agencies within the eligible entity and for faculty who
teach courses that are included in a postsecondary STEM
pathway, including increasing the number of educators
qualified to teach dual or concurrent enrollment
programs in STEM courses, to improve access and
completion of such pathways, particularly for subgroups
of students; and
(B) carry out capacity-building efforts to improve
the coordination between the elementary and secondary
education system and the higher education system,
including through stakeholder engagement and
monitoring.
(3) Transportation cap.--An eligible entity may use not
more than 10 percent of grant funds to cover transportation
costs authorized under paragraph (1)(B)(iii).
(4) Technology infrastructure cap.--An eligible entity may
use not more than 10 percent of grant funds for purchasing
technology as authorized under paragraph (1)(B)(iii).
(f) Reporting Requirements.--
(1) Eligible entity reporting.--Not later than 1 year after
receipt of a grant under this section and every year until the
grant period ends, the eligible entity shall provide a report
to the Secretary that includes--
(A) information on the progress of the eligible
entity in establishing the policies and completing the
required activities as specified in subsection (d)(2);
(B) the number and percentage of local educational
agencies and institutions of higher education in the
State offering a postsecondary STEM pathway, including
changes year-over-year, and the extent to which the
eligible entity was meeting its timeline, plan, and
goals specified in subsection (d)(4);
(C) the eligible entity's progress in meeting the
goals established by the eligible entity for the
participation of subgroups of students in postsecondary
STEM pathways as specified in subsection (d)(4);
(D) evidence demonstrating how the eligible entity
certified each such pathway meets all the requirements
of this section;
(E) the number and percentage of students in the
State, including disaggregated by each subgroup of
students, who--
(i) participate in a postsecondary STEM
pathway; and
(ii) participate in a postsecondary STEM
pathway and--
(I) successfully complete a
postsecondary STEM pathway;
(II) enroll in an institution of
higher education and receive credit, in
accordance with the alignment
requirements described in subsection
(d)(2);
(III) receive credit toward a
recognized postsecondary credential for
a high-skill, high-wage, or in-demand
industry sector or occupation; and
(IV) earn a postsecondary
credential; and
(2) Secretary's report.--Not later than 6 months after
receiving the initial report described in paragraph (1) and
annually thereafter, the Secretary shall submit a report to the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Education and Labor of the House of
Representatives that includes a summary of reports submitted by
eligible entities and identifies best practices related to
improving access to STEM education and postsecondary education,
particularly for subgroups of students, through the
implementation of postsecondary STEM pathways.
(g) Evaluation.--The Secretary, acting through the Director of the
Institute of Education Sciences, shall conduct an independent
evaluation after the initial award of grants under this section, of the
policies and services provided under this section, including at a
minimum, the impact of such policies and services on outcomes for all
students, and particularly for subgroups of students, with regard to
each of the following:
(1) Enrollment in and completion of advanced coursework
during high school, including the number of courses students
take and the number of credits students earn.
(2) Postsecondary enrollment, remediation, first-year
credit attainment, persistence, and completion, including the
number of students who enrolled in a STEM field, and the number
of students who received a credential in a STEM field.
(3) The rate at which credits earned through postsecondary
STEM pathways are recognized for credit by public institutions
of higher education institutions.
(4) Postsecondary degree attainment, including completion
of an associate degree, baccalaureate degree, or recognized
postsecondary credential, and the time it takes students to
earn a degree.
(5) Changes in access and rigor of STEM education offered
to students served by local educational agencies in eligible
entities.
(6) To the extent practicable, analysis of student outcomes
described in paragraphs (1) through (5) by STEM field.
(h) Supplement, Not Supplant.--Federal funds provided under this
section shall be used to supplement, not supplant, other Federal,
State, or local funds available to carry out activities described in
this section.
(i) Disaggregation of Data.--Disaggregation of data required under
this section shall not be required when the number of students in a
subgroup is insufficient to yield statistically reliable information or
the results would reveal personally identifiable information about an
individual student.
(j) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated such sums as
may be necessary for each of fiscal years 2022 through 2026.
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) Computational thinking skills.--The term
``computational thinking skills'' means critical thinking
skills that include--
(A) knowledge of how problems and solutions can be
expressed in such a way that allow them to be modeled
or solved using a computer or machine;
(B) the use of strategies related to problem
decomposition, pattern matching, abstractions,
modularity, and algorithm design; and
(C) that involve creative problem solving skills
and are applicable across a wide-range of disciplines
and careers.
(2) Computer science education.--The term ``computer
science education'' means instruction or learning regarding the
study of computers and algorithmic processes and the study of
computing principles and theories, as defined by a State, and
may include instruction or learning on--
(A) computer programming or coding as a tool to--
(i) create software, such as applications,
games, and websites; and
(ii) process, manage, analyze, or
manipulate data;
(B) development and management of computer hardware
related to sharing, processing, representing, securing,
and using digital information; and
(C) computational thinking skills and
interdisciplinary problem-solving to equip students
with the skills and abilities necessary to apply
computational thinking in the digital world.
(3) ESEA definitions.--The terms ``dual or concurrent
enrollment program'', ``elementary school'', ``educational
service agency'', ``English learner'', ``evidence-based'',
``local educational agency'', ``middle grades'', ``professional
development'', ``secondary school'', ``Secretary'', ``State
educational agency'', and ``technology'' have the meanings
given the terms in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(4) Outlying area.--The term ``outlying area'' has the
meaning given the term in section 8101(36)(A) of the Elementary
and Secondary Education of 1965 (20 U.S.C. 7801(36)(A)).
(5) State.--The term ``State'' means each of the 50 States,
the District of Columbia, and Puerto Rico.
(6) Subgroup of students.--The term ``subgroups of
students'' means--
(A) each subgroup of students described in section
1111(b)(2)(B)(xi) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311(b)(2)(B)(xi);
(B) homeless children and youth as defined in
section 725 of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11434a); and
(C) children and youth in foster care.
(7) Technology infrastructure.--The term ``technology
infrastructure'' means computer devices and internet
connectivity.
(c) Authorization of Grants.--
(1) In general.--From the amounts appropriated under
subsection (l), after making the reservations described in
paragraph (2), the Secretary shall award computer science
education program grants, on a competitive basis, to State
educational agencies (which may include consortia of State
educational agencies) that have submitted applications
described in subsection (d) to increase access to computer
science education and increase the development of computational
thinking skills in elementary and secondary education,
particularly for subgroups of students , in order to increase
American competitiveness, in accordance with this section.
(2) Reservations.--From the total amount appropriated under
subsection (l) for a fiscal year, the Secretary shall reserve--
(A) 1 percent for the Bureau of Indian Education
for the purpose of this section;
(B) 1 percent for allotments for payments to the
outlying areas, to be distributed among those outlying
areas on the basis of their relative need, as
determined by the Secretary, for the purposes of this
section;
(C) 2 percent for technical assistance and
administration; and
(D) 2 percent for evaluation, in accordance with
subsection (h).
(3) State grants.--
(A) In general.--A State educational agency
receiving a grant under paragraph (1) shall use not
less than 90 percent of the grant funds to award
competitive subgrants to local educational agencies,
including charter schools operating as a local
educational agency, and educational service agencies.
(B) State reservations.--A State educational agency
receiving a grant under paragraph (1) shall reserve not
more than 10 percent of the total grant amount received
by the State for State level activities described in
subsection (f)(1), of which not more than 2 percent of
the total grant amount received by the State shall be
used to provide technical assistance or for
administrative purposes.
(C) Sufficient size and scope.--Grants awarded by
the Secretary under this section shall be of sufficient
size and scope to allow State educational agencies to
carry out the purpose of this section.
(D) Duration; renewal.--A grant awarded under this
section shall be for a period of not more than 5 years.
The Secretary may renew a grant awarded under this
section for 1 additional 2-year period for programs
that meet the outcomes described in the data-driven
plan required under subsection (d)(1).
(4) Coordination.--The Secretary shall coordinate with the
Director of the National Science Foundation to support the
effective implementation of the grant program under this
section.
(d) State Application.--In order to receive a grant under this
section, a State educational agency shall submit an application to the
Secretary at such time and in such manner as the Secretary may
reasonably require, which shall include the following:
(1) A description of the State educational agency's plan to
increase equitable access to computer science education and
improve the development of computational thinking skills for
all students, and particularly for subgroups of students,
including how the State educational agency will--
(A) identify locations in the State, including
across and within local educational agencies and across
and within the schools served by such agencies, in
which there are gaps in access to and enrollment in
computer science coursework for subgroups of students;
(B) use data collected under subparagraph (A) to
identify strategies for increasing access to and
enrollment in computer science coursework for subgroups
of students; and
(C) ensure that local educational agencies and
educational service agencies receiving a subgrant under
this section develop and implement strategies to meet
such agency's goals described in subsection (f)(2)(A),
including through the measurement and collection of
local data aligned with the State educational agency's
plan.
(2) A description of the factors the State educational
agency will take into account when reviewing applications
submitted by agencies under subsection (e) and making subgrants
under this section, including how such State educational agency
shall--
(A) take into consideration the need among
agencies, including the number of students served by
such agencies who are from families with low incomes,
in accordance with paragraph (3)(A)(i); and
(B) consider the agency's capacity and commitment,
including the agencies' previous work to address
achievement gaps, to--
(i) close equity gaps in access to and
enrollment in computer science education
coursework particularly for subgroups of
students; and
(ii) provide access to high-quality
instruction to improve the development of
computational thinking skills in elementary and
secondary education, particularly for students
in elementary school and in the middle grades.
(3) An assurance that the State educational agency--
(A) shall give priority in subgrant awards to local
educational agencies that--
(i) are in the highest quartile of local
educational agencies, in a ranking of all local
educational agencies in the State, ranked in
descending order by the number or percentage of
children in each agency counted under section
1124(c) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6333(c)); or
(ii) will partner or collaborate with a
Historically Black College or University
(within the meaning of the term ``part B
institution'' under section 322 of the Higher
Education Act of 1965 (20 U.S.C. 1061)) or
other institution described in section 371(a)
of the Higher Education Act of 1965 (20 U.S.C.
1067q(a)), that is located within the State, to
carry out activities under the subgrant, in
accordance with subsection (f)(2);
(B) will distribute subgrant awards among
geographically diverse areas, including urban,
suburban, and rural areas; and
(C) in operating the local competitive subgrant
process described in subsection (c)(3)(A), shall
conduct outreach to local educational agencies
described in subparagraph (A)(i) to make the agencies
aware of the subgrant availability under this section,
and provide technical assistance and support to such
agencies in submitting an application under subsection
(e).
(4) A description of the State educational agency's
strategy to increase the number of educators prepared to teach
computer science education, including by--
(A) recruiting educators or individuals with
backgrounds in computer science to teach computer
science, diversifying the computer science educator
pipeline, providing evidence-based professional
development for current educators, or providing
evidence-based training for current educators seeking
to transition from other content areas to computer
science; and
(B) working with public institutions of higher
education in the State to examine the State's policies
regarding educator preparation and licensure to support
increased access and enrollment for candidates enrolled
in educator preparation programs and current educators
in computer science education.
(5) A description of the policies and practices of the
State educational agency intended to support increased access
and enrollment in computer science and support the development
of computational thinking skills for elementary school and
secondary school students, including--
(A) the State educational agency's efforts to
assist local educational agencies to--
(i) offer computer science education in
secondary schools, which may include Advanced
Placement or International Baccalaureate
computer science courses, computer science
courses in dual or concurrent enrollment
programs, in-demand industry credentials, or
high-quality distance education, particularly
for subgroups of students across the State as
measured by the data collected under paragraph
(1)(A); and
(ii) support the development of
opportunities for youth to access
extracurricular opportunities, career
exploration and exposure activities, career
information and advising, and high-quality
work-based learning opportunities (such as
internships) to increase exposure to computer
science education and career pathways, and
support the development of computational
thinking skills, particularly for subgroups of
students;
(B) how the State educational agency supports
rigorous instruction in computer science education and
the development of computational thinking skills,
particularly for students enrolled in elementary school
or in the middle grades; and
(C) how the State educational agency's plan
described in paragraph (1) and grant funds provided
under subsection (c) will be used to inform and change
such policies and practices to increase access to
instruction in computer science education and the
development of computational thinking skills for all
students, and particularly for subgroups of students.
(e) Subgrant Applications.--
(1) In general.--In order to receive a subgrant under this
section, a local educational agency (which may include a
consortium of local educational agencies) or an educational
service agency shall submit an application to the State
educational agency at such time, in such manner, and including
such information as the State educational agency may reasonably
require. At a minimum, such application shall include the
following:
(A) A description of how the local educational
agency or educational service agency will--
(i) develop and implement the plan
described in subsection (f)(2)(A); and
(ii) diversify and support its computer
science educators, including through
recruitment and retention activities, analyzing
disparities among its educators by race,
ethnicity, sex, socioeconomic status, age,
disability status, and language ability, and
addressing such disparities, in alignment with
the State educational agency's strategy
described in subsection (d)(4).
(B) A description of the existing computer science
education coursework offered in secondary schools
operated by the local educational agency or educational
service agency, including the number of students who
enroll and complete such courses disaggregated by each
subgroup of students.
(C) A description of how the local educational
agency or educational service agency will use subgrant
funds to implement evidence-based practices to improve
the quality of instruction in computer science and the
development of computational thinking skills,
including--
(i) providing evidence-based professional
development for educators who teach computer
science or are seeking to transition to
teaching computer science; and
(ii) improving instruction in the
development of computational thinking skills
for students in elementary schools and
secondary schools, particularly for students in
elementary schools and middle grades.
(D) A description regarding whether and how the
local educational agency or educational service agency
may partner or collaborate, to carry out activities
with the subgrant, in accordance with subsection
(f)(2), with at least 1 of the following entities, to
the extent practicable if such entities are located
within the State:
(i) A Historically Black College or
University (within the meaning of the term
``part B institution'' under section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061))
or other institution described in section
371(a) of the Higher Education Act of 1965 (20
U.S.C. 1067q(a)).
(ii) A computer science industry,
institution of higher education, nonprofit
organization, library, community learning
center (as defined in section 4201(b) of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 7171(b))), State workforce agency,
or the State workforce development board
established under section 101 of the Workforce
Innovation and Opportunity Act (29 U.S.C.
3111).
(E) An assurance that the local educational agency
or educational service agency will meet the
requirements under paragraph (2).
(2) Targeting of funds to high-needs schools.--
(A) In general.--A local educational agency or
educational service agency that receives a subgrant
under this section shall use not less than 50 percent
of such funds to support elementary schools and
secondary schools that meet one of the following
criteria:
(i) Using any of the measures of poverty in
section 1113(a)(5) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C.
6313(a)(5)), elementary schools and secondary
schools that have a higher percentage of
students from families with low incomes than
the average of the percentage of students from
families with low incomes across all elementary
schools and secondary schools served by the
local educational agency or educational service
agency.
(ii) Using any of the measures of poverty
in section 1113(a)(5) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C.
6313(a)(5)), elementary schools and secondary
schools by grade-span grouping that have a
higher percentage of students from families
with low incomes than the average of the
percentage of students from families with low
incomes across all elementary schools and
secondary schools serving students in such
grade-span grouping in the local educational
agency or educational service agency.
(B) Secondary schools.--In identifying schools
under subparagraph (A), percentages of students from
families with low incomes in secondary schools may be
calculated using comparable data from the schools that
feed into such secondary school.
(f) Uses of Funds.--
(1) State use of funds.--A State educational agency shall
use amounts reserved under subsection (c)(3)(B) for 1 or more
of the following:
(A) Implementing the plan described in subsection
(d)(1), including through the provision of technical
assistance, data collection and analysis, and capacity
building supports to all local educational agencies
within the State, to expand access to rigorous computer
science education and increase the development of
computational thinking skills for elementary school and
secondary school students, particularly for subgroups
of students.
(B) Implementing the State educational agency's
strategy to support computer science educators
described in subsection (d)(4) by diversifying and
increasing the number of educators adequately prepared
to deliver rigorous instruction in computer science,
through recruitment, evidence-based professional
development for educators, or evidence-based training
for current educators seeking to transition from other
subjects to computer science.
(C) Identifying and supporting the implementation
and scaling of evidence-based instructional strategies
in computer science education and instruction on how to
develop computational thinking skills in students that
are supported by strong or moderate evidence.
(D) Supporting the development of opportunities for
youth to access extracurricular opportunities, career
exploration and exposure activities, career information
and advising, and high-quality work-based learning
opportunities (such as internships), to develop
computational thinking skills and increase exposure to
computer science education and career pathways
particularly for subgroups of students.
(2) Local educational agency's use of funds.--A local
educational agency or educational service agency that receives
a subgrant under this section shall use funds for the following
activities:
(A) Developing and implementing a plan (in
alignment with the State educational agency's plan
described in subsection (d)(1)) that--
(i) regularly measures, analyzes, and
addresses gaps in access to and enrollment in
computer science education and in the
development of computational thinking skills
for subgroups of students;
(ii) establishes goals and specifies
activities supported by subgrant funds to meet
those goals by--
(I) increasing access to computer
science education coursework in
elementary schools and secondary
schools that do not offer such courses;
(II) addressing challenges faced by
subgroups of students in enrolling and
succeeding in computer science
education coursework in elementary
schools and secondary schools that do
offer such courses; and
(III) providing high-quality
instruction to support the development
of computational thinking skills for
students in elementary schools and
secondary schools, particularly for
students in elementary schools and
middle grades; and
(iii) prioritizes using subgrant funds to
support schools with significant enrollments of
students from families with low incomes as
described in subsection (e)(2).
(B) Carrying out 1 or more of the following:
(i) Expanding access to rigorous computer
science education and improve the development
of computational thinking skills for all
students especially subgroups of students,
including through--
(I) increasing access to computer
science education in elementary schools
and secondary schools, including
through expanded course offerings such
as Advanced Placement or International
Baccalaureate courses, dual or
concurrent enrollment programs, in-
demand industry recognized credentials,
or distance education; and
(II) improving the development of
computational thinking skills for
students in elementary schools and
secondary schools, particularly
elementary schools and in the middle
grades, including through instructional
materials technology infrastructure,
and evidence-based professional
development, with the goal of more
effectively preparing such students for
success in computer science education,
such as enrollment in computer science
education coursework in secondary
school, receiving a postsecondary
degree or credential in computer
science, and attaining a career in
computer science or a related field.
(ii) Diversifying, supporting, and
increasing the number of educators adequately
prepared to deliver rigorous instruction in
computer science education, by--
(I) providing evidence-based
professional development for educators
who, at the time that the local
educational agency receives the
subgrant--
(aa) teach computer
science; or
(bb) are seeking to
transition to teaching computer
science;
(II) recruiting and retaining
educators described in subclause (I);
and
(III) analyzing disparities amongst
computer science educators by race,
ethnicity, sex, socioeconomic status,
age, disability status, and language
ability, and addressing such
disparities.
(iii) Implementing evidence-based practices
to improve the quality of instruction regarding
computer science and the development of
computational thinking skills.
(iv) Supporting student mastery of the
development of problem-solving skills and other
key prerequisites for computer science
education coursework, including algebra and
statistics, to promote success in computer
science education coursework.
(v) Establishing robust regional
collaborations with relevant local entities to
improve work-based learning opportunities and
career exploration and exposure in computer
science, for elementary school and secondary
school students, that may include collaborating
with computer science industry, institutions of
higher education, nonprofit organizations,
community learning centers (as defined in
section 4201(b) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7171(b)), a
State workforce agency, or a State workforce
development board established under section 101
of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3111).
(vi) Supporting the development of
opportunities for youth to access
extracurricular opportunities, career
exploration and exposure activities, career
information and advising, and high-quality
work-based learning opportunities (such as
internships), to develop computational thinking
skills and increase exposure to computer
science education and career pathways.
(3) Restriction.--A local educational agency or educational
service agency that receive a subgrant under this section shall
not use more than 15 percent of subgrant funds for purchasing
technology infrastructure as described in paragraph
(2)(B)(i)(II).
(g) Reporting Requirements.--
(1) Local reporting.--Each local educational agency and
educational service agency that receives a subgrant under this
section shall submit a report to the State educational agency
on an annual basis that contains any information required by
the State educational agency and, at a minimum, the following:
(A) The number of students enrolled in computer
science education coursework in the schools served by
such local educational agency or educational service
agency, and an update on the progress in addressing the
equity gaps identified under subsection (f)(2)(A).
(B) A description of actions and changes in
policies and practice by the local educational agency
or educational service agency to improve access and
increase enrollment and success in computer science
education and increase the development of computational
thinking skills for elementary school and secondary
school students, particularly for students in
elementary schools and middle grades.
(C) Data on the number and diversity of educators
providing instruction in computer science education.
(2) State reporting.--Not later than 1 year after the date
of enactment of this section and annually thereafter, a State
educational agency that receives a grant under this section
shall provide a report to the Secretary, including, at a
minimum--
(A) a summary of the reports received by the State
educational agency under paragraph (1);
(B) a description of changes in State policy to
improve access and increase enrollment in computer
science education and the development of computational
thinking skills;
(C) an update of the State educational agency's
implementation of its plan described in subsection
(d)(1); and
(D) an update of the State educational agency's
implementation of its strategy to increase the number
and diversity of educators prepared to teach computer
science described in subsection (d)(4).
(h) Evaluation.--
(1) In general.--The Secretary, acting through the Director
of the Institute of Education Sciences, shall carry out an
independent evaluation to measure the effectiveness of the
program funded under this section.
(2) Contents.--The evaluation under paragraph (1) shall
measure--
(A) the effectiveness of the program in expanding
access to computer science education and the
development of computational thinking skills for all
students, particularly for subgroups of students;
(B) the extent to which the program improved the
development of computational thinking skills for
elementary schools and secondary school students,
particularly in elementary schools and middle grades;
and
(C) the effectiveness of the program in
diversifying, supporting, and increasing the number of
educators adequately prepared to deliver rigorous
instruction in computer science education and how to
develop computational thinking skills in students.
(i) Rule of Construction.--The Secretary shall comply with the
requirements of section 8526A of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7906a) in carrying out activities under this
section.
(j) Supplement Not Supplant.--Federal funds provided under this
section shall be used to supplement, and not supplant, other Federal,
State, or local funds available to carry out the activities described
in this section.
(k) Disaggregation of Data.--Disaggregation of data required under
this section shall not be required when the number of students in a
subgroup is insufficient to yield statistically reliable information or
the results would reveal personally identifiable information about an
individual student.
(l) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of fiscal years 2022 through 2026.
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.
``(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.
``(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
necessary for fiscal year 2022 and each succeeding fiscal
year.''.
(b) James Madison Memorial Fellowship Trust Fund.--
(1) In general.--Subsection (b) of section 811 of the James
Madison Memorial Fellowship Act (20 U.S.C. 4510) is amended to
read as follows:
``(b)(1) It shall be the duty of the Secretary of the Treasury to
invest in full the amounts appropriated to the fund.
``(2) Subject to paragraph (3), investments of amounts appropriated
to the fund shall be made in public debt securities of the United
States with maturities suitable to the fund. For such purpose, such
obligations may be acquired--
``(A) on original issue at the issue price; or
``(B) by purchase of outstanding obligations at the market
price. The purposes for which obligations of the United States
may be issued under chapter 31 of title 31, United States Code,
are hereby extended to authorize the issuance at par of special
obligations exclusively to the fund. Such special obligations
shall bear interest at a rate equal to the average rate of
interest, computed as to the end of the calendar month next
preceding the date of such issue, borne by all marketable
interest-bearing obligations of the United States then forming
a part of the public debt, except that where such average rate
is not a multiple of \1/8\ of 1 percent, the rate of interest
of such special obligations shall be the multiple of \1/8\ of 1
percent next lower than such average rate. Such special
obligations shall be issued only if the Secretary determines
that the purchases of other interest-bearing obligations of the
United States, or of obligations guaranteed as to both
principal and interest by the United States or original issue
or at the market price, is not in the public interest.''.
(2) Authorization of appropriations.--Section 816 of the
James Madison Memorial Fellowship Act (20 U.S.C. 4515) is
amended to read as follows:
``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 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.
SEC. 90305. ELIMINATING SHORT-TERM EDUCATION LOAN PROGRAMS; JOB
TRAINING FEDERAL PELL GRANTS; TECHNICAL CORRECTIONS.
(a) Eliminating Short-Term Education Loan Programs.--Section 481(b)
of the Higher Education Act of 1965 (20 U.S.C. 1088(b)) is amended by
adding at the end the following:
``(5) The Secretary shall eliminate the short-term
education loan program, as authorized under paragraph (2), on
the date that is 120 days after the date the Secretary
establishes the application for Job Training Federal Pell
Grants under section 401(k).''.
(b) Technical Corrections.--Section 481(d) of the Higher Education
Act of 1965 (20 U.S.C. 1088(d)) is amended--
(1) in paragraph (4)--
(A) in subparagraph (A), by striking ``under
section 12301(a), 12301(g), 12302, 12304, or 12306 of
title 10, United States Code, or any retired member of
an Armed Force ordered to active duty under section 688
of such title,'' and inserting ``, or any retired
member of an Armed Force ordered to active duty,''; and
(B) in subparagraph (B), by striking ``an Armed
Force'' and inserting ``a Uniformed Service''; and
(2) in paragraph (5), by striking ``and supported by
Federal funds''.
(c) Job Training Federal Pell Grant Program.--
(1) In general.--Section 401 of the Higher Education Act of
1965 (20 U.S.C. 1070a), as amended by section 703 of the FAFSA
Simplification Act (title VII of division FF of Public Law 116-
260), is amended by adding at the end the following:
``(k) Job Training Federal Pell Grant Program.--
``(1) Definitions.--In this subsection:
``(A) Career and technical education.--The term
`career and technical education' has the meaning given
the term in section 3 of the Carl D. Perkins Career and
Technical Education Act.
``(B) Eligible job training program.--
``(i) In general.--The term `eligible job
training program' means a career and technical
education program at an eligible institution of
higher education that--
``(I) provides not less than 150,
and not more than 600, clock hours of
instructional time over a period of not
less than 8 weeks and not more than 15
weeks;
``(II) provides training aligned
with the requirements of high-skill,
high-wage, or in-demand industry
sectors or occupations in the State or
local area in which the job training
program is provided, as determined by--
``(aa) a State board or
local board;
``(bb) a State plan, as
described in section
122(d)(13)(C) of the Carl D.
Perkins Career and Technical
Education Act of 2006; or
``(cc) a comprehensive
local needs assessment, as
described in section 134(c) of
the Carl D. Perkins Career and
Technical Education Act of
2006;
``(III) is a program--
``(aa) provided through an
eligible training provider, as
described under section 122(d)
of the Workforce Innovation and
Opportunity Act; and
``(bb) subject to the
reporting requirements of
section 116(d)(4) of the
Workforce Innovation and
Opportunity Act, or would be
subject to such requirements
except for a waiver issued to a
State under section 189(i) of
the Workforce Innovation and
Opportunity Act;
``(IV) provides a student, upon
completion of the program, with a
recognized postsecondary credential
that is stackable and portable across
multiple employers and geographical
areas;
``(V) not later than 1 year after
the date the program has been approved
as an eligible job training program
under this subsection, has demonstrated
that students who complete the program
receive a median increase of 20 percent
of total earnings as compared to total
earnings of such students prior to
enrolling in such program, in
accordance with paragraph (2);
``(VI) publishes prominently on the
website of the institution, and
provides a written disclosure to each
prospective student prior to entering
into an enrollment agreement for such
program (which each such student shall
confirm receiving through a written
affirmation prior to entering such
enrollment agreement) containing, at a
minimum, the following information
calculated, as applicable, in
accordance with paragraph (8)--
``(aa) the required tuition
and fees of the program;
``(bb) the difference
between required tuition and
fees described in item (aa) and
any grant aid (which does not
need to be repaid) provided to
the student;
``(cc) the completion rate
of the program;
``(dd) the employment rates
of students who complete the
program, measured at
approximately 6 months and 1
year, respectively, after
completion of the program;
``(ee) total earnings of
students who complete the
program, calculated based on
earnings approximately 6 months
after completion of the
program;
``(ff) total earnings of
students who do not complete
the program, calculated based
on earnings approximately 6
months after ceasing enrollment
in the program;
``(gg) the ratio of the
amount that is the difference
between required tuition and
fees and any grant aid provided
to the student described in
item (bb) to the total earnings
of students described in item
(ee);
``(hh) an explanation, in
clear and plain language that
shall be specified by the
Secretary, of the ratio
described in item (gg); and
``(ii) in the case of a job
training program that prepares
students for a professional
license or certification exam,
the share of such students who
pass such exams;
``(VII) has been determined by the
eligible institution of higher
education (after validation of that
determination by an industry or sector
partnership or State board or local
board) to provide academic content, an
amount of instructional time,
competencies, and a recognized
postsecondary credential that are
sufficient to--
``(aa) meet the hiring
requirements of potential
employers in the sectors or
occupations described in
subclause (II); and
``(bb) satisfy any
applicable educational
prerequisite requirement for
professional licensure or
certification, so that a
student who completes the
program and seeks employment is
qualified to take any relevant
licensure or certifications
examinations that are needed to
practice or find employment in
such sectors or occupations
that the program prepares
students to enter;
``(VIII) has been in operation for
not less than 1 year prior to becoming
an eligible job training program under
this subsection;
``(IX) does not exceed by more than
50 percent the minimum number of clock
hours required by a State to receive a
professional license or certification
in the State, if the State has
established such a requirement;
``(X) prepares students to pursue
one or more related certificate or
degree programs at an institution of
higher education (as defined in section
101) or a postsecondary vocational
institution (as defined in section
102(c)), including--
``(aa) by ensuring the
acceptability of the credits
received under the job training
program toward meeting such
certificate or degree program
requirements (such as through
an articulation agreement as
defined in section 486A); and
``(bb) by ensuring that a
student who completes noncredit
coursework in the job training
program, upon completion of the
job training program and
enrollment in such a related
certificate or degree program,
will receive academic credit
for such noncredit coursework
that will be accepted toward
meeting such certificate or
degree program requirements;
``(XI) is not offered exclusively
through distance education or a
correspondence course, except as
determined by the Secretary to be
necessary, on a temporary basis, in
connection with a--
``(aa) major disaster or
emergency declared by the
President under section 401 or
501 of the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170
and 5191); or
``(bb) national emergency
declared by the President under
section 201 of the National
Emergencies Act (50 U.S.C. 1601
et seq.);
``(XII) is provided not less than
50 percent directly by the eligible
institution of higher education;
``(XIII) includes counseling for
students to--
``(aa) support each such
student in achieving the
student's education and career
goals; and
``(bb) ensure that each
such student receives
information on--
``(AA) the sectors
or occupations
described in subclause
(II) for which the job
training program
provides training
(including the total
earnings of students
who have completed the
program and are
employed in such
sectors or occupations,
calculated based on
earnings approximately
6 months after
completion of the
program));
``(BB) the related
certificate or degree
programs described in
subclause (X) for which
the job training
program provides
preparation; and
``(CC) other
sources of financial
aid or other assistance
for any component of
the student's cost of
attendance (as defined
in section 472);
``(XIV) meets requirements that are
applicable to a program of training to
prepare students for gainful employment
in a recognized occupation;
``(XV) may include integrated
education and training; and
``(XVI) may be offered as part of a
program that--
``(aa) meets the
requirements of section
484(d)(2);
``(bb) is part of a career
pathway, as defined in section
3 of the Workforce Innovation
and Opportunity Act; and
``(cc) is aligned to a
program of study, as defined in
section 3 of the Carl D.
Perkins Career and Technical
Education Act of 2006.
``(ii) Approval by the secretary.--In the
case of a program that is seeking to establish
initial eligibility as an eligible job training
program under this subparagraph, the Secretary
shall make a determination whether the program
meets the requirements of this subparagraph not
more than 120 days after the date on which such
program is submitted for consideration as an
eligible job training program. If the Secretary
determines the program meets the requirements
of this paragraph, the Secretary shall grant an
initial period of approval of 2 years.
``(iii) Renewal of approval by the
secretary.--An eligible job training program
that desires to continue eligibility as an
eligible job training program after the period
of initial approval described in clause (ii),
or the subsequent period described in this
clause, shall submit a renewal application to
the Secretary (with such information as the
Secretary may require), not more than 270 days
and not less than 180 days before the end of
the previous approval period. If the Secretary
determines the program meets such requirements,
the Secretary shall grant another period of
approval for 3 years.
``(iv) Periodic review by the secretary.--
The Secretary shall periodically review a
program previously approved under clause (ii)
or (iii) to determine whether such program is
meeting the requirements of an eligible job
training program described in this subsection.
``(v) Revocation of approval by the
secretary.--If at any time the Secretary
determines that a program previously approved
under clause (ii) or (iii) is no longer meeting
any of the requirements of an eligible job
training program described in this subsection,
the Secretary--
``(I) shall deny a subsequent
renewal of approval in accordance with
clause (iii) for such program after the
expiration of the approval period;
``(II) may withdraw approval for
such program before the expiration of
the approval period;
``(III) shall ensure students who
enrolled in such programs have access
to transcripts for completed coursework
without a fee or monetary charge and
without regard to any balance owed to
the institution; and
``(IV) shall prohibit such program
and any substantially similar program,
from being considered an eligible job
training described in this subsection
for a period of not less than 5 years.
``(vi) Additional assurance by state
board.--The Secretary shall not determine that
a program is an eligible job training program
in accordance with clause (ii) unless the
Secretary receives a certification from the
State board representing the State in which the
eligible job training program is provided,
containing an assurance that the program meets
the requirements of subclauses (II), (III), and
(IX) of clause (i).
``(C) Total earnings.--For the purposes of this
subsection, the term `total earnings' means the median
annualized earnings, calculated using earnings for a
pay period, month, quarter, or other time period deemed
appropriate by the Secretary.
``(D) Eligible institution of higher education.--
For the purposes of this subsection, the term `eligible
institution of higher education' means an institution
of higher education (as defined in section 101) or a
postsecondary vocational institution (as defined in
section 102(c)) that--
``(i) is approved by an accrediting agency
or association that meets the requirements of
section 496(a)(4)(C);
``(ii) has not been a proprietary
institution of higher education, as defined in
section 102(b), within the previous 3 years;
and
``(iii) has not been subject, during any of
the preceding 5 years, to--
``(I) any suspension, emergency
action, or termination of programs
under this title;
``(II) any adverse action by the
institution's accrediting agency or
association; or
``(III) any action by the State to
revoke a license or other authority to
operate.
``(F) WIOA definitions.--The terms `industry or
sector partnership', `in-demand industry sector or
occupation', `recognized postsecondary credential',
`local board', and `State board' have the meanings
given such terms in section 3 of the Workforce
Innovation and Opportunity Act.
``(2) Total earnings increase requirement.--
``(A) In general.--Subject to subparagraph (B), as
a condition of participation under this subsection, the
Secretary shall, using the data collected under
paragraph (8) and such other information as the
Secretary may require, determine whether such job
training program meets the requirements of paragraph
(1)(B)(i)(V) with respect to whether the students who
complete the program receive a median increase of 20
percent of such students' total earnings. For the
purposes of this paragraph, the Secretary shall
determine such percentage increase by calculating the
difference between--
``(i) the total earnings of students who
enroll in such program, calculated based on
earnings approximately 6 months prior to
enrollment; and
``(ii) the total earnings of students who
complete such program, calculated based on
earnings approximately 6 months after
completing such program.
``(B) Date of effect.--The requirement under this
paragraph shall take effect beginning on the date that
is 1 year after the date the program has been approved
as an eligible job training program under this
subsection.
``(3) Appeal of earnings information.--The Secretary's
determination under paragraph (2) may include an appeals
process to permit job training programs to submit alternate
earnings data (which may include discretionary earnings data or
total earnings data), provided that such data are statistically
rigorous, accurate, comparable, and representative of students
who enroll in or complete the program, or both, as applicable.
``(4) Authorization of awards.--For the award year
beginning on July 1, 2024, and each subsequent award year, the
Secretary shall award Federal Pell Grants to students in
eligible job training programs (referred to as a `job training
Federal Pell Grant'). Each eligible job training Federal Pell
Grant awarded under this subsection shall have the same terms
and conditions, and be awarded in the same manner, as other
Federal Pell Grants awarded under subsection (b), except a
student who is eligible to receive a job training Federal Pell
Grant under this subsection is a student who--
``(A) has not yet attained a postbaccalaureate
degree;
``(B) is enrolled, or accepted for enrollment, in
an eligible job training program at an eligible
institution of higher education; and
``(C) meets all other eligibility requirements for
a Federal Pell Grant (except with respect to the type
of program of study, as provided in subparagraph (B)).
``(5) Amount of award.--The amount of a job training
Federal Pell Grant for an eligible student shall be determined
under subsection (b), except that a student who is eligible for
less than the minimum Federal Pell Grant because the eligible
job training program is less than an academic year (in clock-
hours and weeks of instructional time) may still be eligible
for a Federal Pell Grant.
``(6) Inclusion in total eligibility period.--Any period
during which a student receives a job training Federal Pell
Grant under this subsection shall be included in calculating
the student's period of eligibility for Federal Pell Grants
under subsection (d), and the eligibility requirements
regarding students who are enrolled in an undergraduate program
on less than a full-time basis shall similarly apply to
students who are enrolled in an eligible job training program
at an eligible institution of higher education on less than a
full-time basis.
``(7) Same payment period.--No student may for the same
payment period receive both a job training Federal Pell Grant
under this subsection and a Federal Pell Grant under this
section.
``(8) Interagency data sharing and data collection.--
``(A) Interagency data sharing.--The Secretary
shall coordinate and enter into a data sharing
agreement with the Secretary of Labor to ensure access
to data necessary to implement this paragraph that is
not otherwise available to the Secretary under section
132(l), as amended by section 90306 of the America
COMPETES Act of 2022, including such data related to
indicators of performance collected under section 116
of the Workforce Innovation and Opportunity Act (29
U.S.C. 3141).
``(B) Data on eligible job training programs.--
Except as provided under subparagraph (C), using the
postsecondary student data system established under
section 132(l) or a successor system (whichever
includes the most recent data) to the greatest extent
practicable to streamline reporting requirements and
minimize reporting burdens, an in coordination with the
National Center for Education Statistics, the Secretary
of Labor, and each institution of higher education
offering an eligible job training program for which the
Secretary awards job training Federal Pell Grants under
this subsection, the Secretary shall, on at least an
annual basis, collect and publish data with respect to
each such eligible job training program, including, at
a minimum, the following:
``(i) The number and demographics of
students who enroll in the program,
disaggregated by--
``(I) gender;
``(II) race and ethnicity;
``(III) classification as a student
with a disability;
``(IV) income quintile, as defined
by the Secretary;
``(V) military or veteran benefit
status;
``(VI) status as a first-time
student or transfer student from
another institution;
``(VII) status as a first
generation college student;
``(VIII) status as parent or
guardian of 1 or more dependent
children; and
``(IX) status as a confined or
incarcerated individual, as defined
under section 484(t)(1)(A).
``(ii) The number and demographics,
disaggregated by the categories listed in
clause (i), of students who--
``(I) complete the program; and
``(II) do not complete the program.
``(iii) The required tuition and fees of
the program.
``(iv) The total earnings of students,
disaggregated by the categories listed in
clause (i), who--
``(I) complete the program,
calculated based on earnings
approximately 6 months after completing
such program; and
``(II) do not complete the program,
calculated based on earnings
approximately 6 months after ceasing
enrollment in such program.
``(v) Outcomes of the students who complete
the program, disaggregated by the categories
listed in clause (i), with respect to--
``(I) the median time to completion
among such students;
``(II) the employment rates of such
students, measured at approximately 6
months and 1 year, respectively, after
completion of the eligible job training
program;
``(III) in the case of a job
training program that prepares students
for a professional license or
certification exam, the share of such
students who pass such exams;
``(IV) the share of such students
who enroll in a certificate or degree
program at the institution of higher
education offering the eligible job
training program within 1 year of
completing such eligible job training
program;
``(V) the share of such students
who transfer to another institution of
higher education within 1 year of
completing the eligible job training
program; and
``(VI) the share of such students
who complete a subsequent certificate
or degree program at any institution of
higher education within 6 years of
completing the eligible job training
program.
``(C) Exceptions.--Notwithstanding any other
provision of this paragraph--
``(i) if disclosure of disaggregated data
under subparagraph (B) is prohibited from
disclosure due to applicable privacy
restrictions, the Secretary may take such steps
as the Secretary determines necessary to
provide meaningful disaggregated student
demographic or outcome information, including
by combining categories; and
``(ii) an institution may submit, and the
Secretary may publish, data required to be
collected under subparagraph (B) that is
obtained through a State Unemployment Insurance
Agency or through other supplemental means, in
lieu of any additional data collection,
provided that such data are statistically
rigorous, accurate, comparable, and
representative.
``(D) Report.--Not later than July 1, 2025, the
Secretary shall--
``(i) submit to the Committee on Health,
Education, Labor, and Pensions of the Senate
and the Committee on Education and Labor of the
House of Representatives a report on the impact
of eligible job training programs for which the
Secretary awards job training Federal Pell
Grants under this subsection, based on the most
recent data collected under subparagraph (B);
and
``(ii) make the report described in clause
(i) available publicly on the website of the
Department.''.
(2) Publication of application.--Not later than 1 year
after date of enactment of this Act, the Secretary shall
publish the application for job training programs to submit for
approval as eligible job training programs, as defined in
subsection (k)(1)(B) of section 401 of the Higher Education Act
of 1965 (20 U.S.C. 1070a), as added by paragraph (1). The
information required to determine eligibility in such
application shall be consistent with the requirements described
in such subsection (k)(1)(B).
(3) Effective date.--The amendment made by paragraph (1)
shall take effect as if included in section 703 of the FAFSA
Simplification Act (title VII of division FF of Public Law 116-
260).
(d) Workforce Innovation and Opportunity Act Amendment.--Section
116(i) of the Workforce Innovation and Opportunity Act (29 U.S.C.
3141(i)) is amended by adding at the end the following:
``(4) Interagency data sharing for job training federal
pell grant program.--The Secretary of Labor shall coordinate
and enter into a data sharing agreement with the Secretary of
Education to ensure access to data necessary to implement
section 401(k) of the Higher Education Act of 1965 (20 U.S.C.
1070a(k)), as added by section 90305 of the America COMPETES
Act of 2022, that is not otherwise available to the Secretary
of Education under section 132(l) of the Higher Education Act
of 1965 (20 U.S.C. 1015(l)), as amended by section 90306 of the
America COMPETES Act of 2022, which may include data related to
unemployment insurance, wage information, employment-related
outcomes, and indicators of performance collected under this
section.''.
(e) Accrediting Agency Recognition of Eligible Job Training
Programs.--Section 496(a)(4) of the Higher Education Act of 1965 (20
U.S.C. 1099b(a)(4)) is amended--
(1) in subparagraph (A), by striking ``and'' after the
semicolon;
(2) in subparagraph (B)(ii), by inserting ``and'' after the
semicolon; and
(3) by adding at the end the following:
``(C) if such agency or association has or seeks to
include within its scope of recognition the evaluation
of the quality of institutions of higher education
participating in the job training Federal Pell Grant
program under section 401(k), as added by the section
90305 of the America COMPETES Act of 2022, such agency
or association shall, in addition to meeting the other
requirements of this subpart, demonstrate to the
Secretary that, with respect to such eligible job
training programs (as defined in that subsection)--
``(i) the agency or association's standards
include a process for determining if the
institution has the capability to effectively
offer an eligible job training program; and
``(ii) the agency or association requires a
demonstration that the program--
``(I) has identified each
recognized postsecondary credential
offered in the relevant industry in the
State or local area where the industry
is located; and
``(II) provides academic content,
an amount of instructional time, and
competencies to satisfy any applicable
educational requirement for
professional licensure or
certification, so that a student who
completes the program and seeks
employment is qualified to take any
licensure or certification examination
needed to practice or find employment
in the sectors or occupations that the
program prepares students to enter.''.
SEC. 90306. COLLEGE TRANSPARENCY.
(a) Postsecondary Student Data System.--Section 132 of the Higher
Education Act of 1965 (20 U.S.C. 1015a) is amended--
(1) by redesignating subsection (l) as subsection (m); and
(2) by inserting after subsection (k) the following:
``(l) Postsecondary Student Data System.--
``(1) In general.--
``(A) Establishment of system.--Not later than 4
years after the date of enactment of the America
COMPETES Act of 2022, the Commissioner of the National
Center for Education Statistics (referred to in this
subsection as the `Commissioner') shall develop and
maintain a secure, privacy-protected postsecondary
student-level data system in order to--
``(i) accurately evaluate student
enrollment patterns, progression, completion,
and postcollegiate outcomes, and higher
education costs and financial aid;
``(ii) assist with transparency,
institutional improvement, and analysis of
Federal aid programs;
``(iii) provide accurate, complete, and
customizable information for students and
families making decisions about postsecondary
education; and
``(iv) reduce the reporting burden on
institutions of higher education, in accordance
with section 90306(d) of America COMPETES Act
of 2022.
``(B) Avoiding duplicated reporting.--
Notwithstanding any other provision of this section, to
the extent that another provision of this section
requires the same reporting or collection of data that
is required under this subsection, an institution of
higher education, or the Secretary or Commissioner, may
use the reporting or data required for the
postsecondary student data system under this subsection
to satisfy both requirements.
``(C) Development process.--In developing the
postsecondary student data system described in this
subsection, the Commissioner shall--
``(i) focus on the needs of--
``(I) users of the data system; and
``(II) entities, including
institutions of higher education,
reporting to the data system;
``(ii) take into consideration, to the
extent practicable--
``(I) the guidelines outlined in
the U.S. Web Design Standards
maintained by the General Services
Administration and the Digital Services
Playbook and TechFAR Handbook for
Procuring Digital Services Using Agile
Processes of the U.S. Digital Service;
and
``(II) the relevant successor
documents or recommendations of such
guidelines;
``(iii) use modern, relevant privacy- and
security-enhancing technology, and enhance and
update the data system as necessary to carry
out the purpose of this subsection;
``(iv) ensure data privacy and security is
consistent with any Federal law relating to
privacy or data security, including--
``(I) the requirements of
subchapter II of chapter 35 of title
44, United States Code, specifying
security categorization under the
Federal Information Processing
Standards or any relevant successor of
such standards;
``(II) security requirements that
are consistent with the Federal agency
responsibilities in section 3554 of
title 44, United States Code, or any
relevant successor of such
responsibilities; and
``(III) security requirements,
guidelines, and controls consistent
with cybersecurity standards and best
practices developed by the National
Institute of Standards and Technology,
including frameworks, consistent with
section 2(c) of the National Institute
of Standards and Technology Act (15
U.S.C. 272(c)), or any relevant
successor of such frameworks;
``(v) follow Federal data minimization
practices to ensure only the minimum amount of
data is collected to meet the system's goals,
in accordance with Federal data minimization
standards and guidelines developed by the
National Institute of Standards and Technology;
and
``(vi) provide notice to students outlining
the data included in the system and how the
data are used.
``(2) Data elements.--
``(A) In general.--Not later than 4 years after the
date of enactment of the America COMPETES Act of 2022,
the Commissioner, in consultation with the
Postsecondary Student Data System Advisory Committee
established under subparagraph (B), shall determine--
``(i) the data elements to be included in
the postsecondary student data system, in
accordance with subparagraphs (C) and (D); and
``(ii) how to include the data elements
required under subparagraph (C), and any
additional data elements selected under
subparagraph (D), in the postsecondary student
data system.
``(B) Postsecondary student data system advisory
committee.--
``(i) Establishment.--Not later than 2
years after the date of enactment of the
America COMPETES Act of 2022, the Commissioner
shall establish a Postsecondary Student Data
System Advisory Committee (referred to in this
subsection as the `Advisory Committee'), whose
members shall include--
``(I) the Chief Privacy Officer of
the Department or an official of the
Department delegated the duties of
overseeing data privacy at the
Department;
``(II) the Chief Security Officer
of the Department or an official of the
Department delegated the duties of
overseeing data security at the
Department;
``(III) representatives of diverse
institutions of higher education, which
shall include equal representation
between 2-year and 4-year institutions
of higher education, and from public,
nonprofit, and proprietary institutions
of higher education, including
minority-serving institutions;
``(IV) representatives from State
higher education agencies, entities,
bodies, or boards;
``(V) representatives of
postsecondary students;
``(VI) representatives from
relevant Federal agencies; and
``(VII) other stakeholders
(including individuals with expertise
in data privacy and security, consumer
protection, and postsecondary education
research).
``(ii) Requirements.--The Commissioner
shall ensure that the Advisory Committee--
``(I) adheres to all requirements
under the Federal Advisory Committee
Act (5 U.S.C. App.);
``(II) establishes operating and
meeting procedures and guidelines
necessary to execute its advisory
duties; and
``(III) is provided with
appropriate staffing and resources to
execute its advisory duties.
``(C) Required data elements.--The data elements in
the postsecondary student data system shall include, at
a minimum, the following:
``(i) Student-level data elements necessary
to calculate the information within the surveys
designated by the Commissioner as `student-
related surveys' in the Integrated
Postsecondary Education Data System (IPEDS), as
such surveys are in effect on the day before
the date of enactment of the America COMPETES
Act of 2022, except that in the case that
collection of such elements would conflict with
subparagraph (F), such elements in conflict
with subparagraph (F) shall be included in the
aggregate instead of at the student level.
``(ii) Student-level data elements
necessary to allow for reporting student
enrollment, persistence, retention, transfer,
and completion measures for all credential
levels separately (including certificate,
associate, baccalaureate, and advanced degree
levels), within and across institutions of
higher education (including across all
categories of institution level, control, and
predominant degree awarded). The data elements
shall allow for reporting about all such data
disaggregated by the following categories:
``(I) Enrollment status as a first-
time student, recent transfer student,
or other non-first-time student.
``(II) Attendance intensity,
whether full-time or part-time.
``(III) Credential-seeking status,
by credential level.
``(IV) Race or ethnicity, in a
manner that captures all the racial
groups specified in the most recent
American Community Survey of the Bureau
of the Census.
``(V) Age intervals.
``(VI) Gender.
``(VII) Program of study (as
applicable).
``(VIII) Military or veteran
benefit status (as determined based on
receipt of veteran's education
benefits, as defined in section
480(c)).
``(IX) Status as a distance
education student, whether exclusively
or partially enrolled in distance
education.
``(X) Federal Pell Grant recipient
status under section 401 and Federal
loan recipient status under title IV,
provided that the collection of such
information complies with paragraph
(1)(B).
``(D) Other data elements.--
``(i) In general.--The Commissioner may,
after consultation with the Advisory Committee
and provision of a public comment period,
include additional data elements in the
postsecondary student data system, such as
those described in clause (ii), if those data
elements--
``(I) are necessary to ensure that
the postsecondary data system fulfills
the purposes described in paragraph
(1)(A); and
``(II) are consistent with data
minimization principles, including the
collection of only those additional
elements that are necessary to ensure
such purposes.
``(ii) Data elements.--The data elements
described in clause (i) may include--
``(I) status as a first generation
college student, as defined in section
402A(h);
``(II) economic status;
``(III) participation in
postsecondary remedial coursework or
gateway course completion;
``(IV) classification as a student
with a disability;
``(V) status as parent or guardian
of 1 or more dependent children;
``(VI) status as a confined or
incarcerated individual, as defined
under section 484(t)(1)(A), as amended
by section 702 of the FAFSA
Simplification Act FAFSA (title VII of
division FF of Public Law 116-260); or
``(VII) other data elements that
are necessary in accordance with clause
(i).
``(E) Reevaluation.--Not less than once every 3
years after the implementation of the postsecondary
student data system described in this subsection, the
Commissioner, in consultation with the Advisory
Committee described in subparagraph (B), shall review
the data elements included in the postsecondary student
data system and may revise the data elements to be
included in such system.
``(F) Prohibitions.--The Commissioner shall not
include individual health data (including data relating
to physical health or mental health), student
discipline records or data, elementary and secondary
education data, an exact address, citizenship status,
migrant status, or national origin status for students
or their families, course grades, postsecondary
entrance examination results, political affiliation, or
religion in the postsecondary student data system under
this subsection.
``(3) Periodic matching with other federal data systems.--
``(A) Data sharing agreements.--
``(i) The Commissioner shall ensure secure,
periodic data matches by entering into data
sharing agreements with each of the following
Federal agencies and offices:
``(I) The Secretary of Defense, in
order to assess the use of
postsecondary educational benefits and
the outcomes of servicemembers.
``(II) The Director of the Bureau
of the Census, in order to assess the
earnings outcomes of former
postsecondary education students.
``(III) The Chief Operating Officer
of the Office of Federal Student Aid,
in order to analyze the use of
postsecondary educational benefits
provided under this Act.
``(IV) The Commissioner of the
Social Security Administration, in
order to evaluate labor market outcomes
of former postsecondary education
students.
``(V) The Commissioner of the
Bureau of Labor Statistics, in order to
assess the wages of former
postsecondary education students.
``(ii) The Commissioner may ensure secure,
periodic data matches by entering into data
sharing agreements with the Secretary of
Veterans Affairs.
``(iii) The heads of Federal agencies and
offices described under clause (i) shall enter
into data sharing agreements with the
Commissioner to ensure secure, periodic data
matches as described in this paragraph.
``(B) Categories of data.--The Commissioner shall,
at a minimum, seek to ensure that the secure periodic
data system matches described in subparagraph (A)
permit consistent reporting of the following categories
of data for all postsecondary students:
``(i) Enrollment, retention, transfer, and
completion outcomes for all postsecondary
students.
``(ii) Financial indicators for
postsecondary students receiving Federal grants
and loans, including grant and loan aid by
source, cumulative student debt, loan repayment
status, and repayment plan.
``(iii) Post-completion outcomes for all
postsecondary students, including earnings,
employment, and further education, by program
of study and credential level and as measured--
``(I) immediately after leaving
postsecondary education; and
``(II) at time intervals
appropriate to the credential sought
and earned.
``(C) Periodic data match streamlining and
confidentiality.--
``(i) Streamlining.--In carrying out the
secure periodic data system matches under this
paragraph, the Commissioner shall--
``(I) ensure that such matches are
not continuous, but occur only
periodically at appropriate intervals,
as determined by the Commissioner to
meet the goals of subparagraph (A); and
``(II) seek to--
``(aa) streamline the data
collection and reporting
requirements for institutions
of higher education;
``(bb) minimize duplicative
reporting across or within
Federal agencies or
departments, including
reporting requirements
applicable to institutions of
higher education under the
Workforce Innovation and
Opportunity Act (29 U.S.C. 3101
et seq.) and the Carl D.
Perkins Career and Technical
Education Act of 2006 (20
U.S.C. 2301 et seq.);
``(cc) protect student
privacy; and
``(dd) streamline the
application process for student
loan benefit programs available
to borrowers based on data
available from different
Federal data systems.
``(ii) Review.--Not less often than once
every 3 years after the establishment of the
postsecondary student data system under this
subsection, the Commissioner, in consultation
with the Advisory Committee, shall review
methods for streamlining data collection from
institutions of higher education and minimizing
duplicative reporting within the Department and
across Federal agencies that provide data for
the postsecondary student data system.
``(iii) Confidentiality.--The Commissioner
shall ensure that any periodic matching or
sharing of data through periodic data system
matches established in accordance with this
paragraph--
``(I) complies with the security
and privacy protections described in
paragraph (1)(C)(iv) and other Federal
data protection protocols;
``(II) follows industry best
practices commensurate with the
sensitivity of specific data elements
or metrics;
``(III) does not result in the
creation of a single standing, linked
Federal database at the Department that
maintains the information reported
across other Federal agencies; and
``(IV) discloses to postsecondary
students what data are included in the
data system and periodically matched
and how the data are used.
``(iv) Correction.--The Commissioner, in
consultation with the Advisory Committee, shall
establish a process for students to request
access to only their personal information for
inspection and request corrections to
inaccuracies in a manner that protects the
student's personally identifiable information.
The Commissioner shall respond in writing to
every request for a correction from a student.
``(4) Publicly available information.--
``(A) In general.--The Commissioner shall make the
summary aggregate information described in subparagraph
(C), at a minimum, publicly available through a user-
friendly consumer information website and analytic tool
that--
``(i) provides appropriate mechanisms for
users to customize and filter information by
institutional and student characteristics;
``(ii) allows users to build summary
aggregate reports of information, including
reports that allow comparisons across multiple
institutions and programs, subject to
subparagraph (B);
``(iii) uses appropriate statistical
disclosure limitation techniques necessary to
ensure that the data released to the public
cannot be used to identify specific
individuals; and
``(iv) provides users with appropriate
contextual factors to make comparisons, which
may include national median figures of the
summary aggregate information described in
subparagraph (C).
``(B) No personally identifiable information
available.--The summary aggregate information described
in this paragraph shall not include personally
identifiable information.
``(C) Summary aggregate information available.--The
summary aggregate information described in this
paragraph shall, at a minimum, include each of the
following for each institution of higher education:
``(i) Measures of student access,
including--
``(I) admissions selectivity and
yield; and
``(II) enrollment, disaggregated by
each category described in paragraph
(2)(C)(ii).
``(ii) Measures of student progression,
including retention rates and persistence
rates, disaggregated by each category described
in paragraph (2)(C)(ii).
``(iii) Measures of student completion,
including--
``(I) transfer rates and completion
rates, disaggregated by each category
described in paragraph (2)(C)(ii); and
``(II) number of completions,
disaggregated by each category
described in paragraph (2)(C)(ii).
``(iv) Measures of student costs,
including--
``(I) tuition, required fees, total
cost of attendance, and net price after
total grant aid, disaggregated by in-
State tuition or in-district tuition
status (if applicable), program of
study (if applicable), and credential
level; and
``(II) typical grant amounts and
loan amounts received by students
reported separately from Federal,
State, local, and institutional
sources, and cumulative debt,
disaggregated by each category
described in paragraph (2)(C)(ii) and
completion status.
``(v) Measures of postcollegiate student
outcomes, including employment rates, mean and
median earnings, loan repayment and default
rates, and further education rates. These
measures shall--
``(I) be disaggregated by each
category described in paragraph
(2)(C)(ii) and completion status; and
``(II) be measured immediately
after leaving postsecondary education
and at time intervals appropriate to
the credential sought or earned.
``(D) Development criteria.--In developing the
method and format of making the information described
in this paragraph publicly available, the Commissioner
shall--
``(i) focus on the needs of the users of
the information, which will include students,
families of students, potential students,
researchers, and other consumers of education
data;
``(ii) take into consideration, to the
extent practicable, the guidelines described in
paragraph (1)(C)(ii)(I), and relevant successor
documents or recommendations of such
guidelines;
``(iii) use modern, relevant technology and
enhance and update the postsecondary student
data system with information, as necessary to
carry out the purpose of this paragraph;
``(iv) ensure data privacy and security in
accordance with standards and guidelines
developed by the National Institute of
Standards and Technology, and in accordance
with any other Federal law relating to privacy
or security, including complying with the
requirements of subchapter II of chapter 35 of
title 44, United States Code, specifying
security categorization under the Federal
Information Processing Standards, and security
requirements, and setting of National Institute
of Standards and Technology security baseline
controls at the appropriate level; and
``(v) conduct consumer testing to determine
how to make the information as meaningful to
users as possible.
``(5) Permissible disclosures of data.--
``(A) Data reports and queries.--
``(i) In general.--Not later than 4 years
after the date of enactment of the America
COMPETES Act of 2022, the Commissioner shall
develop and implement a secure process for
making student-level, non-personally
identifiable information, with direct
identifiers removed, from the postsecondary
student data system available for vetted
research and evaluation purposes approved by
the Commissioner in a manner compatible with
practices for disclosing National Center for
Education Statistics restricted-use survey data
as in effect on the day before the date of
enactment of the America COMPETES Act of 2022,
or by applying other research and disclosure
restrictions to ensure data privacy and
security. Such process shall be approved by the
National Center for Education Statistics'
Disclosure Review Board (or successor body).
``(ii) Providing data reports and queries
to institutions and states.--
``(I) In general.--The Commissioner
shall provide feedback reports, at
least annually, to each institution of
higher education, each postsecondary
education system that fully
participates in the postsecondary
student data system, and each State
higher education body as designated by
the governor.
``(II) Feedback reports.--The
feedback reports provided under this
clause shall include program-level and
institution-level information from the
postsecondary student data system
regarding students who are associated
with the institution or, for State
representatives, the institutions
within that State, on or before the
date of the report, on measures
including student mobility and
workforce outcomes, provided that the
feedback aggregate summary reports
protect the privacy of individuals.
``(III) Determination of content.--
The content of the feedback reports
shall be determined by the Commissioner
in consultation with the Advisory
Committee.
``(iii) Permitting state data queries.--The
Commissioner shall, in consultation with the
Advisory Committee and as soon as practicable,
create a process through which States may
submit lists of secondary school graduates
within the State to receive summary aggregate
outcomes for those students who enrolled at an
institution of higher education, including
postsecondary enrollment and college
completion, provided that those data protect
the privacy of individuals and that the State
data submitted to the Commissioner are not
stored in the postsecondary education system.
``(iv) Regulations.--The Commissioner shall
promulgate regulations to ensure fair, secure,
and equitable access to data reports and
queries under this paragraph.
``(B) Disclosure limitations.--In carrying out the
public reporting and disclosure requirements of this
subsection, the Commissioner shall use appropriate
statistical disclosure limitation techniques necessary
to ensure that the data released to the public cannot
include personally identifiable information or be used
to identify specific individuals.
``(C) Sale of data prohibited.--Data collected
under this subsection, including the public-use data
set and data comprising the summary aggregate
information available under paragraph (4), shall not be
sold to any third party by the Commissioner, including
any institution of higher education or any other
entity.
``(D) Limitation on use by other federal
agencies.--
``(i) In general.--The Commissioner shall
not allow any other Federal agency to use data
collected under this subsection for any purpose
except--
``(I) for vetted research and
evaluation conducted by the other
Federal agency, as described in
subparagraph (A)(i); or
``(II) for a purpose explicitly
authorized by this Act.
``(ii) Prohibition on limitation of
services.--The Secretary, or the head of any
other Federal agency, shall not use data
collected under this subsection to limit
services to students.
``(E) Law enforcement.--Personally identifiable
information collected under this subsection shall not
be used for any Federal, State, or local law
enforcement activity or any other activity that would
result in adverse action against any student or a
student's family, including debt collection activity or
enforcement of immigration laws.
``(F) Limitation of use for federal rankings or
summative rating system.--The comprehensive data
collection and analysis necessary for the postsecondary
student data system under this subsection shall not be
used by the Secretary or any Federal entity to
establish any Federal ranking system of institutions of
higher education or a system that results in a
summative Federal rating of institutions of higher
education.
``(G) Rule of construction.--Nothing in this
paragraph shall be construed to prevent the use of
individual categories of aggregate information to be
used for accountability purposes.
``(H) Rule of construction regarding commercial use
of data.--Nothing in this paragraph shall be construed
to prohibit third-party entities from using publicly-
available information in this data system for
commercial use.
``(6) Submission of data.--
``(A) Required submission.--Each institution of
higher education participating in a program under title
IV, or the assigned agent of such institution, shall,
for each eligible program, in accordance with section
487(a)(17), collect, and submit to the Commissioner,
the data requested by the Commissioner to carry out
this subsection.
``(B) Voluntary submission.--Any institution of
higher education not participating in a program under
title IV may voluntarily participate in the
postsecondary student data system under this subsection
by collecting and submitting data to the Commissioner,
as the Commissioner may request to carry out this
subsection.
``(C) Personally identifiable information.--In
accordance with paragraph (2)(C)(i), if the submission
of an element of student-level data is prohibited under
paragraph (2)(F) (or otherwise prohibited by law), the
institution of higher education shall submit that data
to the Commissioner in the aggregate.
``(7) Unlawful willful disclosure.--
``(A) In general.--It shall be unlawful for any
person who obtains or has access to personally
identifiable information in connection with the
postsecondary student data system described in this
subsection to willfully disclose to any person (except
as authorized by any Federal law) such personally
identifiable information.
``(B) Penalty.--Any person who violates
subparagraph (A) shall be subject to a penalty
described under section 3572(f) of title 44, United
States Code, and section 183(d)(6) of the Education
Sciences Reform Act of 2002 (20 U.S.C. 9573(d)(6)).
``(C) Employee of officer of the united states.--If
a violation of subparagraph (A) is committed by any
officer or employee of the United States, the officer
or employee shall be dismissed from office or
discharged from employment upon conviction for the
violation.
``(8) Data security.--The Commissioner shall produce and
update as needed guidance and regulations relating to privacy,
security, and access which shall govern the use and disclosure
of data collected in connection with the activities authorized
in this subsection. The guidance and regulations developed and
reviewed shall protect data from unauthorized access, use, and
disclosure, and shall include--
``(A) an audit capability, including mandatory and
regularly conducted audits;
``(B) access controls;
``(C) requirements to ensure sufficient data
security, quality, validity, and reliability;
``(D) appropriate and applicable privacy and
security protection, including data retention and
destruction protocols and data minimization, in
accordance with the most recent Federal standards
developed by the National Institute of Standards and
Technology; and
``(E) protocols for managing a breach, including
breach notifications, in accordance with the standards
of National Center for Education Statistics.
``(9) Data collection.--The Commissioner shall ensure that
data collection, maintenance, and use under this subsection
complies with section 552a of title 5, United States Code.
``(10) Definitions.--In this subsection:
``(A) Institution of higher education.--The term
`institution of higher education' has the meaning given
the term in section 102.
``(B) Minority-serving institution.--The term
`minority-serving institution' means an institution of
higher education listed in section 371(a).
``(C) Personally identifiable information.--The
term `personally identifiable information' is used
under this subsection as such term is used under
section 444 of the General Education Provisions Act (20
U.S.C. 1232g).''.
(b) Repeal of Prohibition on Student Data System.--Section 134 of
the Higher Education Act of 1965 (20 U.S.C. 1015c) is repealed.
(c) Institutional Requirements.--
(1) In general.--Paragraph (17) of section 487(a) of the
Higher Education Act of 1965 (20 U.S.C. 1094(a)) is amended to
read as follows:
``(17) The institution or the assigned agent of the
institution will collect and submit data to the Commissioner
for Education Statistics in accordance with section 132(l), the
nonstudent related surveys within the Integrated Postsecondary
Education Data System (IPEDS), or any other Federal institution
of higher education data collection effort (as designated by
the Secretary), in a timely manner and to the satisfaction of
the Secretary.''.
(2) Effective date.--The amendment made by subsection (a)
shall take effect on the date that is 4 years after the date of
enactment of this Act.
(d) Transition Provisions.--The Secretary of Education and the
Commissioner for Education Statistics shall take such steps as are
necessary to ensure that the development and maintenance of the
postsecondary student data system required under section 132(l) of the
Higher Education Act of 1965, as added by subsection (a), occurs in a
manner that reduces the reporting burden for entities that reported
into the Integrated Postsecondary Education Data System (IPEDS).
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 use the grants for developing
and implementing training programs providing training and
education relating to construction, the Secretary shall
prioritize such eligible entities that--
(A) partner with--
(i) a labor or labor-management
organization with experience--
(I) working in the
telecommunications industry; or
(II) in registered apprenticeship
programs or pre-apprenticeship
programs; or
(ii) a community college that has a written
agreement with 1 or more registered
apprenticeship programs; and
(B) ensure the such programs lead to employment
with wages at rates not less than the rates prevailing
on projects of a similar character in the locality as
determined by the Secretary of Labor in accordance with
subchapter IV of chapter 31 of title 40, United States
Code.
(c) Application.--
(1) In general.--An eligible entity desiring a covered
grant shall submit an application to the Secretary at such
time, in such manner, and containing such information as the
Secretary may require.
(2) Contents.--An eligible entity shall include in an
application under paragraph (1) the following:
(A) A description of how the eligible entity plans
to use the covered grant, including the type of
telecommunications training program the eligible entity
plans to develop and implement.
(B) A commitment from the telecommunications
industry partner of the eligible entity to collaborate
with the eligible entity to develop and implement a
telecommunications training program, including the
curricula for such program, and the internships,
registered apprenticeships, or pre-apprenticeships
aligned to such program.
(C) A plan for recruitment of students to
participate in the telecommunications training program,
including students in rural areas.
(D) A plan to ensure that female student
participation (or participation among other populations
who are underrepresented within the telecommunications
industry) in the telecommunications training program of
the eligible entity is at a higher rate than the
employment rate of women (or other such populations)
within the telecommunications industry.
(E) A description of in-demand occupations within
the telecommunications industry to be secured through
the telecommunications training program, including--
(i) jobs in the communities served by the
eligible entity; and
(ii) expected wage and benefit levels of
such jobs.
(F) A description of how the eligible entity plans
to integrate the expertise of labor or labor-management
organizations with experience working in the
telecommunications industry into the development and
implementation of the telecommunications training
program.
(d) Authorized Uses of Funds.--An eligible entity may use a covered
grant, with respect to the telecommunications training program of the
eligible entity developed and implemented with such covered grant, to--
(1) hire faculty members to teach courses in the training
program;
(2) train faculty members to prepare students for
employment in jobs related to the deployment of next-generation
wired and wireless communications networks, including 5G
networks, hybrid fiber-coaxial networks, and fiber
infrastructure, particularly in--
(A) broadband and wireless network engineering;
(B) network deployment, operation, and maintenance;
(C) telecommunications industry field activities;
and
(D) cloud networks, data centers, and
cybersecurity;
(3) design and develop, or customize existing, curricula,
courses, or programs of study, in coordination with
telecommunications industry partners, that reflect the skills
and competencies needed in the telecommunications industry, and
that lead to recognized postsecondary credentials;
(4) pay for costs associated with instruction under the
telecommunications training program, including the costs of
equipment, telecommunications training towers, laboratory
space, classroom space, and telecommunications industry field
activities;
(5) fund scholarships, student internships, registered
apprenticeships, and pre-apprenticeship opportunities aligned
to the telecommunications training program;
(6) recruit students for the telecommunications training
program, including students in rural areas, if applicable;
(7) support the enrollment in the telecommunications
training program of individuals working in the
telecommunications industry in order to advance professionally
within the industry;
(8) support the development of career pathways in the
telecommunications industry; and
(9) provide supportive services (such as transportation,
child care, dependent care, housing, and needs-related
payments) necessary for participants to complete the training
program.
(e) Report Requirements.--
(1) Reporting by eligible entities.--During the grant
period of a covered grant received by an eligible entity, the
eligible entity shall submit to the Secretary a semiannual
report that, with respect to the preceding 6-month period--
(A) describes how the eligible entity used the
covered grant amounts;
(B) describes the progress the eligible entity made
in developing and implementing the telecommunications
training program of the eligible entity;
(C) describes the number of faculty and students
participating in the telecommunications training
program of the eligible entity;
(D) describes the partnership with the
telecommunications industry partner of the eligible
entity, including--
(i) the commitments and in-kind
contributions made by the telecommunications
industry partner; and
(ii) the role of the telecommunications
industry partner in--
(I) curriculum development;
(II) ensuring that the program
leads to or is aligned with a degree
program or recognized postsecondary
credential; and
(III) the internships, registered
apprenticeships, and pre-
apprenticeships offered under the
program; and
(E) includes data on internship, registered
apprenticeship, and pre-apprenticeships, and employment
opportunities and placements and completions.
(2) Annual report to congress.--Each year, until all
covered grants have expired, the Secretary shall submit to
Congress a report that, with respect to the preceding year--
(A) identifies each eligible entity that received a
covered grant and the amount of the covered grant;
(B) describes the progress each such eligible
entity has made in developing and implementing a
telecommunications training program;
(C) summarizes the job placement status, or
registered apprenticeship or pre-apprenticeship
opportunities of students who have participated in the
training program of the eligible entity; and
(D) includes the findings of any audits conducted
by the Inspector General of the Department of Labor
under subsection (f).
(f) Oversight.--The Inspector General of the Department of Labor
shall audit the Grant Program in order to--
(1) ensure that eligible entities use covered grant amounts
in accordance with the requirements of this section; and
(2) prevent waste, fraud, and abuse in the operation of the
Grant Program.
(g) Definitions.--In this section:
(1) Community college.--The term ``community college''
means--
(A) a degree-granting public institution of higher
education (as defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001)) at which--
(i) the highest degree awarded is an
associate degree; or
(ii) an associate degree is the most
frequently awarded degree;
(B) a 2-year Tribal College or University;
(C) a degree-granting Tribal College or University
at which--
(i) the highest degree awarded is an
associate degree; or
(ii) an associate degree is the most
frequently awarded degree;
(D) a branch campus of a 4-year public institution
of higher education (as defined in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001)), if, at
such branch campus--
(i) the highest degree awarded is an
associate degree; or
(ii) an associate degree is the most
frequently awarded degree; or
(E) a community college, a postsecondary vocational
institution (as defined in section 102(c) of the Higher
Education Act of 1965 (20 U.S.C. 1002(c)).
(2) Eligible entity.--
(A) In general.--The term ``eligible entity'' means
a historically Black college or university, Tribal
College or University, or minority-serving institution,
or a consortium of such entities, that forms a
partnership with 1 or more telecommunications industry
partners to carry out a telecommunications training
program.
(B) Telecommunications industry partner.--The term
``telecommunications industry partner'' means 1 or more
of the following:
(i) A member of the telecommunications
industry, such as a company or industry
association.
(ii) A labor or labor-management
organization with experience working in the
telecommunications industry or a similar
industry.
(iii) A registered apprenticeship program.
(iv) A nonprofit organization dedicated to
helping individuals gain employment in the
telecommunications industry.
(v) A community college with experience in
providing workforce development activities for
individuals seeking employment in the
telecommunications industry or a similar
industry.
(vi) A Federal agency laboratory
specializing in telecommunications technology.
(vii) A State board or local board.
(viii) An industry or sector partnership
relating to the telecommunications industry.
(3) Historically black college or university.--The term
``historically Black college or university'' has the meaning
given the term ``part B institution'' in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061).
(4) In-demand occupation.--The term ``in-demand
occupation'' has the meaning given the term in section
3(23)(A)(ii) of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3102(23)(A)(ii)).
(5) Minority-serving institution.--The term ``minority-
serving institution'' means an institution described in section
371(a) of the Higher Education Act of 1965 (20 U.S.C.
1067q(a)).
(6) Pre-apprenticeship.--The term ``pre-apprenticeship''
means a program that articulates to a registered apprenticeship
program.
(7) Registered apprenticeship.--The term ``registered
apprenticeship'' means an apprenticeship registered with the
Office of Apprenticeship of the Employment and Training
Administration of the Department of Labor or a State
apprenticeship agency recognized by the Office of the
Apprenticeship pursuant to the Act of August 16, 1937 (commonly
known as the ``National Apprenticeship Act''; 50 Stat. 664,
chapter 663; 29 U.S.C. 50 et seq.).
(8) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(9) Telecommunications industry field activities.--The term
``telecommunications industry field activities'' means
activities at active cable, broadband, or other
telecommunications network worksites, such as towers,
construction sites, and network management hubs.
(10) Telecommunications training program.--The term
``telecommunications training program'' means a program
developed by an eligible entity (that--
(A) is designed to prepare students to participate
in the telecommunications workforce;
(B) includes a curriculum that reflects the skills
and competencies for in-demand occupations within the
telecommunications industry; and
(C) includes registered apprenticeship, pre-
apprenticeship, or internship opportunities aligned to
a degree program or resulting in a recognized
postsecondary credential.
(11) Tribal college or university.--The term ``Tribal
College or University'' has the meaning given the term in
section 316(b)(3) of the Higher Education Act of 1965 (20
U.S.C. 1059c(b)(3)).
(12) WIOA definitions.--The terms ``career pathway'',
``industry or sector partnership'', ``local board'',
``recognized postsecondary credential'', ``State board'', and
``workforce development activities'' have the meanings given in
section 3 of the Workforce Innovation and Opportunity Act.
(h) Authorization of Appropriations.--There are authorized to be
appropriated $100,000,000 for fiscal years 2023 through 2028, to remain
available until expended.
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;
(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 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.
TITLE VI--DR. DAVID SATCHER CYBERSECURITY EDUCATION GRANT PROGRAM
SEC. 90601. DR. DAVID SATCHER CYBERSECURITY EDUCATION GRANT PROGRAM.
(a) Definitions.--In this section:
(1) Director.--The term ``Director'' means the Director of
the National Institute of Standards and Technology.
(2) Enrollment of needy students.--The term ``enrollment of
needy students'' has the meaning given the term in section
312(d) of the Higher Education Act of 1965 (20 U.S.C. 1058(d)).
(3) Historically black college or university.--The term
``historically Black college or university'' has the meaning
given the term ``part B institution'' as defined in section 322
of the Higher Education Act of 1965 (20 U.S.C. 1061).
(4) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(5) Minority-serving institution.--The term ``minority-
serving institution'' means an institution listed in section
371(a) of the Higher Education Act of 1965 (20 U.S.C.
1067q(a)).
(b) Authorization of Grants.--
(1) In general.--Subject to the availability of
appropriations, the Director shall carry out the Dr. David
Satcher Cybersecurity Education Grant Program by--
(A) awarding grants to assist institutions of
higher education that have an enrollment of needy
students, historically Black colleges and universities,
and minority-serving institutions, to establish or
expand cybersecurity programs, to build and upgrade
institutional capacity to better support new or
existing cybersecurity programs, including
cybersecurity partnerships with public and private
entities, and to support such institutions on the path
to producing qualified entrants in the cybersecurity
workforce or becoming a National Center of Academic
Excellence in Cybersecurity; and
(B) awarding grants to build capacity at
institutions of higher education that have an
enrollment of needy students, historically Black
colleges and universities, and minority-serving
institutions, to expand cybersecurity education
opportunities, cybersecurity programs, cybersecurity
research, and cybersecurity partnerships with public
and private entities.
(2) Reservation.--The Director shall award not less than 50
percent of the amount available for grants under this section
to historically Black colleges and universities and minority-
serving institutions.
(3) Coordination.--The Director shall carry out this
section in coordination with appropriate Federal agencies,
including the Department of Homeland Security.
(4) Sunset.--The Director's authority to award grants under
paragraph (1) shall terminate on the date that is 5 years after
the date the Director first awards a grant under paragraph (1).
(c) Applications.--An eligible institution seeking a grant under
subsection (b) shall submit an application to the Director at such
time, in such manner, and containing such information as the Director
may reasonably require, including a statement of how the institution
will use the funds awarded through the grant to expand cybersecurity
education opportunities at the eligible institution.
(d) Activities.--An eligible institution that receives a grant
under this section may use the funds awarded through such grant for
increasing research, education, technical, partnership, and innovation
capacity, including for--
(1) building and upgrading institutional capacity to better
support new or existing cybersecurity programs, including
cybersecurity partnerships with public and private entities;
(2) building and upgrading institutional capacity to
provide hands-on research and training experiences for
undergraduate and graduate students; and
(3) outreach and recruitment to ensure students are aware
of such new or existing cybersecurity programs, including
cybersecurity partnerships with public and private entities.
(e) Reporting Requirements.--Not later than--
(1) 1 year after the effective date of this section, as
provided in subsection (g), and annually thereafter until the
Director submits the report under paragraph (2), the Director
shall prepare and submit to Congress a report on the status and
progress of implementation of the grant program under this
section, including on the number and nature of institutions
participating, the number and nature of students served by
institutions receiving grants, the level of funding provided to
grant recipients, the types of activities being funded by the
grants program, and plans for future implementation and
development; and
(2) 5 years after the effective date of this section, as
provided in subsection (g), the Director shall prepare and
submit to Congress a report on the status of cybersecurity
education programming and capacity-building at institutions
receiving grants under this section, including changes in the
scale and scope of these programs, associated facilities, or in
accreditation status, and on the educational and employment
outcomes of students participating in cybersecurity programs
that have received support under this section.
(f) Performance Metrics.--The Director shall establish performance
metrics for grants awarded under this section.
(g) Effective Date.--This section shall take effect 1 year after
the date of enactment of this Act.
TITLE VII--CRITICAL SUPPLY CHAIN SECTORS APPRENTICESHIPS GRANTS
SEC. 90701. GRANT REQUIREMENTS.
(a) Authority.--
(1) In general.--The Secretary of Labor may award grants,
contracts, or cooperative agreements to eligible entities on a
competitive basis for the purposes of expanding the offerings
of apprenticeship programs registered under the national
apprenticeship system in sectors across the national supply
chain with workforce shortages.
(2) Coordination and technical assistance.--For the
purposes of carrying out paragraph (1), the Secretary of Labor
shall coordinate with State Offices of Apprenticeship to
provide technical assistance, and take additional actions as
warranted to support the workforce needs of such sectors.
(b) Application.--An eligible entity desiring a grant under this
section shall submit an application to the Secretary of Labor at such
time, in such manner, and containing such information as the Secretary
may reasonably require. At a minimum, each application shall include a
proposal to--
(1) serve employers and workers in sectors across the
national supply chain that have workforce shortages and for
whom access to a skilled workforce is critical to the function
of the United States supply chain; and
(2) provide opportunities in only nontraditional
apprenticeship occupations that are suitable for apprenticeship
programs.
(d) Duration.--Each grant awarded under this title shall be for a
period not to exceed 4 years.
(e) Definitions.--In this section:
(1) In general.--Except as otherwise provided, any term
used in this title that is defined in section 2 of the National
Apprenticeship Act, as amended by section 90103 of this Act
shall have the meaning given the term in such section.
(2) Apprenticeship program.--The term ``apprenticeship
program'' means an apprenticeship program registered under the
national apprenticeship system.
(3) Eligible entity.--The term ``eligible entity'' means--
(A) a program sponsor of an apprenticeship program;
(B) a State workforce development board or State
workforce agency, or a local workforce development
board or local workforce development agency;
(C) an education and training provider, or a
consortium of such providers;
(D) if the applicant is in a State with a State
apprenticeship agency, such State apprenticeship
agency;
(E) an Indian Tribe or Tribal organization;
(F) an industry or sector partnership, a group of
employers, a trade association, or a professional
association that sponsors or participates in an
apprenticeship program;
(G) a Governor of a State;
(H) a labor organization or joint labor-management
organization; or
(I) a qualified intermediary.
(4) Workforce shortage.--The term ``workforce shortage''
means there are an insufficient number of individuals with the
required skills and competencies needed for a particular
occupation to meet the current and future demands of employers,
as determined by the Secretary of Labor.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this title such sums as may be necessary for
fiscal year 2023 and each of the succeeding 4 fiscal years.
TITLE VIII--AI JOBS ACT OF 2021
SEC. 90801. SENSE OF CONGRESS.
It is the sense of Congress that technology can improve the lives
of individuals, but can also disrupt jobs, and for this reason,
innovation should be encouraged while training and retraining American
workers for our 21st century economy.
SEC. 90802. REPORT ON ARTIFICIAL INTELLIGENCE.
(a) Report Requirements.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Labor, in collaboration
with the individuals and entities described in subsection (b), shall
prepare and submit to the Committee on Education and Labor of the House
of Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate, a report on artificial intelligence and its
impact on the workforce, which shall include the following:
(1) Outline the specific data, and the availability of such
data, necessary to properly analyze the impact and growth of
artificial intelligence.
(2) Identification of industries that are projected to have
the most growth in artificial intelligence use, and whether the
technology will result in the enhancement of workers'
capabilities or their replacement.
(3) Analysis of the expertise and education (including
computer science literacy) needed to develop, operate, or work
alongside artificial intelligence over the next two decades, as
compared to the levels of such expertise and education among
the workforce as of the date of enactment of this Act.
(4) Analysis of which demographics (including ethnic,
gender, economic, age, and regional) may experience expanded
career opportunities, and which such demographics may be
vulnerable to career displacement, due to artificial
intelligence.
(5) Any recommendations to alleviate workforce
displacement, prepare future workforce members for the
artificial-intelligence economy, and any other relevant
observations or recommendations within the field of artificial
intelligence.
(b) Collaboration.--In preparing the report under subsection (a),
the Secretary of Labor shall collaborate, through a series of public
meetings, roundtables or other methods, with--
(1) local educational agencies, institutions of higher
education (including community colleges), workforce-training
organizations, and National Laboratories;
(2) a broad range of industrial stakeholders in the
technology, manufacturing, and service sectors, including
companies (large and small), think tanks, and industry
organizations;
(3) the National Academies of Science, including by sharing
relevant information obtained as a result of the study
conducted under section 5105 of the National Artificial
Intelligence Initiative Act of 2020; and
(4) the Secretary of Commerce, the National Science
Foundation, and the heads of any other Federal agency the
Secretary of Labor determines appropriate.
SEC. 90803. DEFINITIONS.
In this title:
(1) Artificial intelligence.--The term ``artificial
intelligence'' has the meaning given the term in section 5002
of the National Artificial Intelligence Initiative Act of 2020
(15 U.S.C. 9401).
(2) Community college.--The term ``community college'' has
the meaning given the term ``junior or community college'' in
section 312(f) of the Higher Education Act of 1965 (20 U.S.C.
1058(f)).
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002).
(4) Local educational agency.--The term ``local educational
agency'' has the meaning given the term in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
TITLE IX--SUPPORTING APPRENTICESHIP COLLEGES ACT OF 2021
SEC. 90901. COMMUNITY OUTREACH GRANT PROGRAM.
(a) In General.--From the amounts appropriated under subsection
(f), the Secretary of Education shall provide grants to eligible
entities for the purposes of expanding or supporting potential student
and employer outreach carried out by such entities with respect to the
construction and manufacturing-oriented registered apprenticeship
programs offered by such entities.
(b) Amounts.--The total grant amount made to an eligible entity
under this section may not exceed $500,000.
(c) Use of Grants.--An eligible entity that receives a grant under
this section shall use such grant for the outreach described in
subsection (a), which shall include the following:
(1) Outreach to high schools, for the purpose of educating
students, parents, guardians, and faculty on the benefits of
enrolling in the construction and manufacturing-oriented
registered apprenticeship program offered by the eligible
entity.
(2) Outreach to local businesses and other potential
employers for the purpose of educating such employers on the
benefits of hiring graduates of such program, which shall--
(A) primarily target relationship building with
potential employers in rural, exurban, and suburban
areas; and
(B) seek to maximize the number of students who
work in such areas after completing such program.
(3) Outreach to local workforce development boards for the
purpose of reaching nontraditional student populations and
prioritizing local needs.
(d) Application Requirements.--An eligible entity seeking a grant
under this section shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may require.
(e) Priority.--In awarding grants under this section, the Secretary
shall give priority to eligible entities that demonstrate outreach
efforts targeted at increasing program enrollment for rural, first
generation, minority, and nontraditional students, or other students
from underrepresented population.
(f) Authorization of Appropriations.--There are authorized to be
appropriated $5,000,000 to carry out this section for each of the
fiscal years 2022 through 2026.
SEC. 90902. STUDENT SUPPORT GRANT PROGRAM FOR EXPANDED ACADEMIC
ADVISING.
(a) In General.--From the amounts appropriated under subsection
(g), the Secretary of Education shall provide grants to eligible
entities for the activities described in subsection (d).
(b) Amounts.--The total grant amount made to an eligible entity
under this section may not exceed $500,000.
(c) Multiple Grants Permitted.--An eligible entity may receive a
grant under this section and section 90901.
(d) Use of Grants.--
(1) In general.--An eligible entity that receives a grant
under this section shall use such grant for advising and
support services to enrollees of construction and
manufacturing-oriented registered apprenticeship programs
offered by such entity to increase retention and persistence
for students.
(2) Requirements.--Such advising and support services shall
include the following:
(A) Expanding academic advising programs that
provide services to students, including the following:
(i) Career advising and professional
development.
(ii) Support for English as a second
language students.
(iii) Information and resource systems.
(iv) Mentoring systems.
(v) Other such programs.
(B) Expanding student support programs that provide
services to students, including the following:
(i) Health and family-related services,
including substance abuse disorder and mental
health counseling.
(ii) Support for first-generation students.
(iii) Childcare support.
(iv) Other such programs.
(v) In the case of an eligible entity that
is a construction and manufacturing-oriented
registered apprenticeship program, maintaining
its accreditation by a nationally recognized
accrediting agency or association recognized by
the Secretary of Education pursuant to part H
of title IV of the Higher Education Act of 1965
(20 U.S.C. 1099a et seq.),
(e) Application Requirements.--An eligible entity seeking a grant
under this section shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may require.
(f) Report.--
(1) In general.--An eligible entity that receives a grant
under this section shall submit to the Secretary a report on--
(A) the activities supported by the grant;
(B) the number of students participating in the
activities supported by the grant;
(C) any progress made in achieving the goals of the
program supported by the grant, in general, and
measuring in particular--
(i) the effectiveness of the grant in
expanding overall enrollment and program
completion rates; and
(ii) the effectiveness of the grant in
expanding enrollment and program completion
rates for underrepresented populations; and
(D) such other information as the Secretary
determines to be appropriate.
(2) Timeline for submission of report.--The report under
paragraph (1) shall be submitted to the Secretary not later
than 180 days after the date on which the eligible entity
concludes the activities supported by the grant under this
section.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $5,000,000 for each of the
fiscal years 2022 through 2026.
SEC. 90903. DEFINITIONS.
In this title:
(1) Construction and manufacturing-oriented apprenticeship
college.--The term ``construction and manufacturing-oriented
apprenticeship college'' means--
(A) an institution of higher education that is a
sponsor of a construction and manufacturing-oriented
registered apprenticeship program; or
(B) a construction and manufacturing-oriented
registered apprenticeship program.
(2) Construction and manufacturing-oriented registered
apprenticeship program.--The term ``construction and
manufacturing-oriented registered apprenticeship program''
means a registered apprenticeship program that--
(A) provides coursework and training in preparation
for employment in the construction or manufactory
industry (such as employment as a painter, drywall
finisher, glazier, or glassworker);
(B)(i) leads to a recognized postsecondary
credential other than a certificate of completion of an
apprenticeship; or
(ii) awards credits that can be applied toward a
recognized postsecondary credential; and
(C) is accredited by a nationally recognized
accrediting agency or association recognized by the
Secretary of Education pursuant to part H of title IV
of the Higher Education Act of 1965 (20 U.S.C. 1099a et
seq.).
(3) Eligible entity.--The term ``eligible entity'' means a
construction and manufacturing-oriented apprenticeship college.
(4) First generation college student.--The term ``first
generation college student'' has the meaning given the term in
section 402A(h) of the Higher Education Act of 1965 (20 U.S.C.
1070a-11(h)).
(5) High school.--The term ``high school'' has the meaning
given the term in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(6) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(7) Outreach.--The term ``outreach'' means communications
and relationship-building opportunities undertaken by an
eligible entity.
(8) Recognized postsecondary credential.--The term
``recognized postsecondary credential'' has the meaning given
the term in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
(9) Registered apprenticeship program.--The term
``registered apprenticeship program'' means an apprenticeship
program registered under the Act of August 16, 1937 (commonly
known as the ``National Apprenticeship Act''; 50 Stat. 664,
chapter 663; 29 U.S.C. 50 et seq.).
(10) Second language.--The term ``second language'' means
any language other than English, including Braille and American
Sign Language.
(11) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(12) Underrepresented population.--The term
``underrepresented population'' means an individual who is from
a group whose gender, ethnic background, or national origin is
not traditionally represented in registered apprenticeship
programs.
DIVISION K--MATTERS RELATING TO TRADE
Sec. 100001. Short title.
TITLE I--TRADE ADJUSTMENT ASSISTANCE
Sec. 101001. Short title.
Sec. 101002. Application of provisions relating to trade adjustment
assistance.
Subtitle A--Trade Adjustment Assistance for Workers
Sec. 101101. Filing petitions.
Sec. 101102. Group eligibility requirements.
Sec. 101103. Application of determinations of eligibility to workers
employed by successors-in-interest.
Sec. 101104. Provision of benefit information to workers.
Sec. 101105. Qualifying requirements for workers.
Sec. 101106. Modification to trade readjustment allowances.
Sec. 101107. Automatic extension of trade readjustment allowances.
Sec. 101108. Employment and case management services.
Sec. 101109. Training.
Sec. 101110. Job search, relocation, and child and other dependent care
allowances.
Sec. 101111. Agreements with States.
Sec. 101112. Reemployment trade adjustment assistance program.
Sec. 101113. Extension of trade adjustment assistance to public agency
workers.
Sec. 101114. Definitions.
Sec. 101115. Requirements for certain territories.
Sec. 101116. Subpoena power.
Subtitle B--Trade Adjustment Assistance for Firms
Sec. 101201. Petitions and determinations.
Sec. 101202. Approval of adjustment proposals.
Sec. 101203. Technical assistance.
Sec. 101204. Definitions.
Sec. 101205. Plan for sustained outreach to potentially-eligible firms.
Subtitle C--Trade Adjustment Assistance for Communities and Community
Colleges
Sec. 101301. Trade adjustment assistance for communities.
Sec. 101302. Trade adjustment assistance for community colleges and
career training.
Subtitle D--Trade Adjustment Assistance for Farmers
Sec. 101401. Definitions.
Sec. 101402. Group eligibility requirements.
Sec. 101403. Benefit information to agricultural commodity producers.
Sec. 101404. Qualifying requirements and benefits for agricultural
commodity producers.
Subtitle E--Authorizations of Appropriations and Other Matters
Sec. 101501. Extension of trade adjustment assistance program.
Sec. 101502. Applicability of trade adjustment assistance provisions.
Subtitle F--Health Care Tax Credit
Sec. 101601. Permanent credit for health insurance costs.
TITLE II--IMPROVEMENTS TO TRADE REMEDIES LAWS
Subtitle A--Successive Investigations
Sec. 102001. Establishment of special rules for determination of
material injury in the case of successive
antidumping and countervailing duty
investigations.
Sec. 102002. Initiation of successive antidumping and countervailing
duty investigations.
Sec. 102003. Issuance of determinations with respect to successive
antidumping and countervailing duty
investigations.
Subtitle B--Responding to Market Distortions
Sec. 102101. Addressing cross-border subsidies in countervailing duty
investigations.
Sec. 102102. Modification of definition of ordinary course of trade to
specify that an insufficient quantity of
foreign like products constitutes a
situation outside the ordinary course of
trade.
Sec. 102103. Modification of adjustments to export price and
constructed export price with respect to
duty drawback.
Sec. 102104. Modification of determination of constructed value to
include distortions of costs that occur in
foreign countries.
Sec. 102105. Special rules for calculation of cost of production and
constructed value to address distorted
costs.
Subtitle C--Preventing Circumvention
Sec. 102201. Modification of requirements in circumvention inquiries.
Sec. 102202. Requirement of provision by importer of certification by
importer or other party.
Sec. 102203. Clarification of authority for Department of Commerce
regarding determinations of class or kind
of merchandise.
Sec. 102204. Asset requirements applicable to nonresident importers.
Subtitle D--Countering Currency Undervaluation
Sec. 102301. Investigation or review of currency undervaluation under
countervailing duty law.
Sec. 102302. Determination of benefit with respect to currency
undervaluation.
Subtitle E--Preventing Duty Evasion
Sec. 102401. Limitation on protest against decisions of U.S. Customs
and Border Protection of claims of evasion
of antidumping and countervailing duty
orders.
Sec. 102402. Procedures for investigating claims of evasion of
safeguard actions.
Sec. 102403. Application of provisions relating to certain proprietary
information.
Subtitle F--General Provisions
Sec. 102501. Application to Canada and Mexico.
Sec. 102502. Repeal of the Softwood Lumber Act of 2008.
Sec. 102503. Enforcement actions relating to cheese subject to an in-
quota rate of duty.
Sec. 102504. Effective date.
TITLE III--IMPORT SECURITY AND FAIRNESS ACT
Sec. 103001. Short title.
Sec. 103002. Additional exceptions to exemptions for de minimis
treatment under the Tariff Act of 1930.
Sec. 103003. Additional administrative provisions relating to de
minimis treatment under the Tariff Act of
1930.
Sec. 103004. Effective date.
TITLE IV--NATIONAL CRITICAL CAPABILITIES REVIEWS
Sec. 104001. National critical capabilities reviews.
TITLE V--MODIFICATION AND EXTENSION OF GENERALIZED SYSTEM OF
PREFERENCES
Sec. 105001. Modification and extension of Generalized System of
Preferences.
Sec. 105002. United States International Trade Commission study.
TITLE VI--REAUTHORIZATION OF THE AMERICAN MANUFACTURING COMPETITIVENESS
ACT OF 2016 AND OTHER MATTERS
Sec. 106001. Reauthorization of american manufacturing competitiveness
act of 2016.
Sec. 106002. Limitation on duty suspensions or reductions for finished
goods.
Sec. 106003. Sense of Congress on United States commitment to the World
Trade Organization.
Sec. 106004. Authority of U.S. Customs and Border Protection to
consolidate, modify, or reorganize Customs
revenue functions.
Sec. 106005. Prohibition on large scale transportation of sodium
cyanide briquettes for mining purposes in
the United States.
TITLE VII--TEMPORARY DUTY SUSPENSIONS AND REDUCTIONS
Sec. 107001. Reference.
Subtitle A--New Duty Suspensions and Reductions
Sec. 107101. Shelled pine nuts.
Sec. 107102. Licorice extract.
Sec. 107103. Refined Carrageenan.
Sec. 107104. Irish dairy chocolate crumb.
Sec. 107105. Pepperoncini, preserved in vinegar.
Sec. 107106. Coconut water in PET bottles.
Sec. 107107. 9,11-Octadecadienoic acid.
Sec. 107108. Liquid galacto-oligosaccharides.
Sec. 107109. Beverage containing coconut water.
Sec. 107110. Animal feed additive containing guanidinoacetic acid.
Sec. 107111. Tungsten concentrate.
Sec. 107112. Piperylene.
Sec. 107113. Normal paraffin M (alkanes C10-C14).
Sec. 107114. Neodymium (Nd) metal.
Sec. 107115. Praseodymium (Pr) metal.
Sec. 107116. Heavy rare earth metals, dysprosium (Dy) metal and
terbium (Tb) metal.
Sec. 107117. Scandium crystal.
Sec. 107118. Hexafluorotitanic acid.
Sec. 107119. Silica gel cat litter with tray.
Sec. 107120. Dioxosilane spherical particles (mean particle size
0.046-0.054 mm).
Sec. 107121. Silica gel cat litter.
Sec. 107122. Sulfuryl dichloride.
Sec. 107123. FS-10D acicular electroconductive tin oxide.
Sec. 107124. Certain potassium fluoride.
Sec. 107125. Other potassium fluoride.
Sec. 107126. LiPF6.
Sec. 107127. LiPO2F2.
Sec. 107128. Ammonium fluoroborate.
Sec. 107129. Sodium tetrafluoroborate.
Sec. 107130. Ferric chloride.
Sec. 107131. Ferrous chloride.
Sec. 107132. Cupric chloride dihydrate.
Sec. 107133. Copper chloride anhydrous.
Sec. 107134. Manganese chloride anhydrous.
Sec. 107135. Manganese chloride tetrahydrate.
Sec. 107136. Reducing agent.
Sec. 107137. Manganese carbonate.
Sec. 107138. Potassium tetraborate.
Sec. 107139. Potassium pentaborate.
Sec. 107140. Ammonium thiocyanate.
Sec. 107141. Modified amine complex of boron trifluoride.
Sec. 107142. Trichlorosilane.
Sec. 107143. 1,3-Dichloropropene.
Sec. 107144. Hexafluoroisobutylene (HFIB).
Sec. 107145. 1,1,1,2,2,3,3,4,4,5,5,6,6-Tridecafluoro-8-iodooctane.
Sec. 107146. Ethyl benzyl chloride.
Sec. 107147. Perfluoroalkyl sulfonate.
Sec. 107148. D-Mannitol.
Sec. 107149. 3,3,4,4,5,5,6,6,7,7,8,8,8-Tridecafluorooctan-1-ol.
Sec. 107150. Phenyl isopropanol.
Sec. 107151. Hydroxytyrosol.
Sec. 107152. 1,6-Dihydroxynaphthalene.
Sec. 107153. Antioxidant for plastics and rubber.
Sec. 107154. Toluhydroquinone (THQ).
Sec. 107155. 1,1,1-Tris(4-hydroxyphenyl)ethane.
Sec. 107156. mPEG6-mesylate.
Sec. 107157. Monoethylene glycol dimethyl ether.
Sec. 107158. Diethylene glycol dimethyl ether.
Sec. 107159. Diethylene glycol dibutyl ether.
Sec. 107160. Tetraethylene glycol dimethyl ether.
Sec. 107161. Glycol diether.
Sec. 107162. Diglycidyl resorcinol ether.
Sec. 107163. Allyl glycidyl ether.
Sec. 107164. Vinylcyclohexane monoxide.
Sec. 107165. Technical grade of butyl glycidyl ether.
Sec. 107166. Aliphatic glycidyl ether.
Sec. 107167. Diglycidyl ether of 1,4-butanediol.
Sec. 107168. Technical grade of the glycidyl ether of cyclohexane
dimethanol.
Sec. 107169. Glycidyl ester of neodecanoic acid.
Sec. 107170. Cumaldehyde.
Sec. 107171. Cyprinal.
Sec. 107172. Sodium o-formylbenzenesulfonate.
Sec. 107173. Acetylacetone.
Sec. 107174. Acetyl propionyl.
Sec. 107175. Alpha ionone.
Sec. 107176. 2,3,4,5 Tetramethylcyclopent-2-enone.
Sec. 107177. Menthone.
Sec. 107178. L-Carvone.
Sec. 107179. Benzoin.
Sec. 107180. Methyl cyclopentenolone.
Sec. 107181. 2,4-Dihydroxy-1,5-dibenzoylbenzene.
Sec. 107182. Difluorobenzophenone (DFBP).
Sec. 107183. PTMI.
Sec. 107184. Metrafenone.
Sec. 107185. Hexachloroacetone.
Sec. 107186. Fire suppression agent.
Sec. 107187. D(+)-10-Camphor sulfonic acid.
Sec. 107188. Benzyl acetate.
Sec. 107189. Propylene glycol diacetate.
Sec. 107190. Isopropenyl acetate.
Sec. 107191. Diacetin.
Sec. 107192. Cocoamine.
Sec. 107193. Caprylic acid 98%.
Sec. 107194. Fine zinc myristate powder.
Sec. 107195. Fine magnesium myristate powder.
Sec. 107196. Dipentaerythrityl hexahydroxystearate/hexastearate/
hexarosinate.
Sec. 107197. Polyglyceryl-2 triisostearate.
Sec. 107198. Neopentyl glycol diethylhexanoate.
Sec. 107199. Isononyl isononate.
Sec. 107200. Acetyl chloride.
Sec. 107201. Potassium sorbate.
Sec. 107202. Vinyl chloroformate.
Sec. 107203. Permethrin.
Sec. 107204. Sodium benzoate.
Sec. 107205. Benzoic acid, flake.
Sec. 107206. Diethylene glycol dibenzoate.
Sec. 107207. Methyl benzoate.
Sec. 107208. M-Nitrobenzoic acid sodium salt.
Sec. 107209. p-Nitrobenzoic acid.
Sec. 107210. 4-tert Butylbenzoic acid.
Sec. 107211. Sodium adipate.
Sec. 107212. Dimethyl sebacate (DMS).
Sec. 107213. Dodecanedioic acid.
Sec. 107214. Polyhydroxystearic acid of low acid value.
Sec. 107215. Undecanedioic acid.
Sec. 107216. Hexadecanedioic acid.
Sec. 107217. Tetradecanedioic acid.
Sec. 107218. Pentadecanedioic acid.
Sec. 107219. Tridecanedioic acid.
Sec. 107220. Methyl 1-(methoxycarbonyl)cyclopropanecarboxylate (CPDM).
Sec. 107221. Calcium HHPA.
Sec. 107222. Diethyl phthalate.
Sec. 107223. Ammonium lactate.
Sec. 107224. Triethyl 2-hydroxypropane-1,2,3-tricarboxylate.
Sec. 107225. Diisostearyl malate.
Sec. 107226. Salicylic acid.
Sec. 107227. Hexyl salicylate.
Sec. 107228. Alpha-ketogluteric acid.
Sec. 107229. MCPB herbicide.
Sec. 107230. 2,4-D Butoxyethylester.
Sec. 107231. 2-(2,4-Dichlorophenoxy)acetic acid.
Sec. 107232. Diglycolic acid 98%.
Sec. 107233. Tri-iso-butyl phosphate (TiBP).
Sec. 107234. Trimethylphosphite.
Sec. 107235. Organic phosphite.
Sec. 107236. Diethyl sulfate.
Sec. 107237. Diethyl carbonate.
Sec. 107238. Ethyl methyl carbonate.
Sec. 107239. Tetradecoxycarbonyloxy tetradecyl carbonate.
Sec. 107240. Dicetyl peroxydicarbonate.
Sec. 107241. Tetraethyl silicate.
Sec. 107242. tert-Octylamine.
Sec. 107243. Octadecylamine.
Sec. 107244. N'-(3-Aminopropyl)-N'-dodecylpropane-1,3-diamine.
Sec. 107245. 1,10-Diaminodecane.
Sec. 107246. 1,5-Pentanediamine.
Sec. 107247. Dicyclohexylamine.
Sec. 107248. Amantadine hydrochloride 99%.
Sec. 107249. N,N-Dimethylaniline.
Sec. 107250. Paranitroaniline (PNA).
Sec. 107251. Dicloran.
Sec. 107252. N,N-Dimethyl-p-toluidine.
Sec. 107253. Pendimethalin technical.
Sec. 107254. Benzyldimethylamine.
Sec. 107255. Diphenyl diphenylene diamine.
Sec. 107256. Curative for epoxy resin systems.
Sec. 107257. TFMB.
Sec. 107258. S-N-Alkyl-anilin.
Sec. 107259. p-Cresidine.
Sec. 107260. Iminodiacetic acid.
Sec. 107261. 11 Aminoundecanoic acid.
Sec. 107262. L-Orinithine L-aspartate.
Sec. 107263. Iron sodium DTPA.
Sec. 107264. Iron glycinate complex.
Sec. 107265. Copper glycinate complex.
Sec. 107266. Zinc glycinate complex.
Sec. 107267. Manganese glycinate complex.
Sec. 107268. Iron sodium EDDHA.
Sec. 107269. DMF-DMA.
Sec. 107270. Mixtures of DMSO and tetrabutyl ammonium fluoride.
Sec. 107271. Betaine.
Sec. 107272. Prolonium chloride in aqueous solution.
Sec. 107273. N,N-Dimethylacetamide.
Sec. 107274. N,N-Dimethylformamide.
Sec. 107275. DAAM.
Sec. 107276. L-Alanyl L-glutamine.
Sec. 107277. Granular acrylamido-tert-butyl sulfonic acid (ATBS).
Sec. 107278. Glycyl-L-glutamine hydrate.
Sec. 107279. Noviflumuron.
Sec. 107280. Propanil technical.
Sec. 107281. Hexaflumuron.
Sec. 107282. Stabilizer for plastics and rubber.
Sec. 107283. 2-Amino-5-chloro-N,3-dimethylbenzamide.
Sec. 107284. Glycyl-L-tyrosine dihydrate.
Sec. 107285. L-Alanyl-L-tyrosine.
Sec. 107286. Enzalutamide ITS-2.
Sec. 107287. 4-Bromo-2-fluoro-N-methylbenzamide.
Sec. 107288. N-Boc-1-aminocyclobutanecarboxylic acid.
Sec. 107289. N'-(1,3-dimethylbutylidene)-3-hydroxy-2-naphthohydrazide
(BMH) (oil treated).
Sec. 107290. Guanidine sulfamate.
Sec. 107291. Liquid, blocked cycloaliphatic diamine used as
crosslinker for polyisocyanate resins.
Sec. 107292. 3,4-Difluorobenzonitrile.
Sec. 107293. 2-Amino-5-cyano-N,3-dimethylbenzamide.
Sec. 107294. TFMPA.
Sec. 107295. Dimethyl 2,2'-Azobisisobutyrate.
Sec. 107296. Antioxidant/metal deactivator.
Sec. 107297. Benzyl carbazate.
Sec. 107298. Benzene-1,3-dicarbohydrazide.
Sec. 107299. Input for resins, coatings, and other products.
Sec. 107300. Aldicarb.
Sec. 107301. Flubendiamide.
Sec. 107302. Benzobicyclon.
Sec. 107303. Diphenylsulfone (DPS).
Sec. 107304. Phenolic antioxidant.
Sec. 107305. Phenolic antioxidant and heat stabilizer.
Sec. 107306. Phenylchlorothioformate (PTCFM).
Sec. 107307. Methylene bis thiocyanate.
Sec. 107308. Oxamyl.
Sec. 107309. L-Cystine.
Sec. 107310. L-Cysteine.
Sec. 107311. N,N'-Bis-L-alanyl-L-cystine.
Sec. 107312. Lubricant additive.
Sec. 107313. Sodium benzenesulfinate.
Sec. 107314. Thio-ether based co-stabilizer for plastics.
Sec. 107315. L-Cysteine hydrate hydrochloride.
Sec. 107316. Dimercaprol.
Sec. 107317. Monoammonium salt of glyphosate.
Sec. 107318. THPC.
Sec. 107319. Flame retardant for textiles.
Sec. 107320. Glyphosate.
Sec. 107321. Ethephon.
Sec. 107322. Benzene phosphinic acid.
Sec. 107323. HEDP.
Sec. 107324. Trimethylchlorosilane.
Sec. 107325. Chloro-(chloromethyl)-dimethylsilane.
Sec. 107326. Silicone for electronics cleaners.
Sec. 107327. Silicon carrier fluid for active lotions, creams.
Sec. 107328. Vinyltrimethoxysilane.
Sec. 107329. n-Octyltriethoxysilane.
Sec. 107330. Dimethylbis(s-butylamino)silane.
Sec. 107331. Aqueous solution of potassium methyl siliconate.
Sec. 107332. Octyltrimethoxysilane.
Sec. 107333. Octlytriethoxysilane.
Sec. 107334. Methyltris(sec-butylamino)silane.
Sec. 107335. Methyltris(methylethylketoximino)silane (MOS).
Sec. 107336. Heptamethyltrisiloxane.
Sec. 107337. Tetramethyldisiloxane.
Sec. 107338. Dimethylchlorosilane.
Sec. 107339. Dichloromethylsilane.
Sec. 107340. Tris(TFP)-methylcyclo-trisiloxane DR.
Sec. 107341. Tetravinyltetramethylcyclotetrasiloxane.
Sec. 107342. Divinyltetramethyldisiloxane.
Sec. 107343. Input for plant protection agent.
Sec. 107344. Strawberry furanone.
Sec. 107345. Emamectin benzoate.
Sec. 107346. Gibberellic acid.
Sec. 107347. Rose oxide.
Sec. 107348. Vinylene carbonate.
Sec. 107349. Kasugamycin technical.
Sec. 107350. 2H-Cyclododeca[b]pyran.
Sec. 107351. Bixafen.
Sec. 107352. Fluxapyroxad.
Sec. 107353. 3,5 Dimethylpyrazole.
Sec. 107354. Pyraclonil.
Sec. 107355. Imidazolidinyl urea.
Sec. 107356. Allantoin.
Sec. 107357. Emulsifiable concentrate of Imazalil fungicide.
Sec. 107358. Technical cyazofamid fungicide.
Sec. 107359. Imazalil sulfate.
Sec. 107360. 1,2-Dimethylimidazole.
Sec. 107361. 2-Methylimidazole flakes.
Sec. 107362. Diazolidinyl urea.
Sec. 107363. 1-(2-Aminoethyl)imidazolidin-2-one (AEEU).
Sec. 107364. Zinc pyrithione.
Sec. 107365. Technical Pyriofenone fungicide.
Sec. 107366. Picoxystrobin.
Sec. 107367. Triclopyr BEE.
Sec. 107368. Imazapyr.
Sec. 107369. Tetraniliprole.
Sec. 107370. Cyantraniliprole.
Sec. 107371. Chlorantraniliprole.
Sec. 107372. Chlorpyrifos.
Sec. 107373. Technical Cyclaniliprole insecticide.
Sec. 107374. Regorafenib.
Sec. 107375. N-Butyl-TAD.
Sec. 107376. Hindered amine light stabilizer and phenolic antioxidant.
Sec. 107377. 4-Hydroxy-TEMPO.
Sec. 107378. 2,2,6,6-tetramethylpiperidin-4-ol (TMP).
Sec. 107379. 5-Bromo-2-(3-chloropyridin-2-yl)pyrazole-3-carboxylic
acid.
Sec. 107380. 2-Chloro-5-(trifluoromethyl)pyridine.
Sec. 107381. Picarbutrox.
Sec. 107382. 5-amino-3-(trifluromethyl) picolinonitrile (T3630).
Sec. 107383. Dextromethorphan hydrobromide.
Sec. 107384. Ipflufenoquin.
Sec. 107385. THQ.
Sec. 107386. Pyrithiobac sodium.
Sec. 107387. Larotrectinib sulfate.
Sec. 107388. Ibrutinib.
Sec. 107389. Orthosulfamuron.
Sec. 107390. 5-Bromopyrimidine.
Sec. 107391. Butylthion.
Sec. 107392. P-1062.
Sec. 107393. Carfentrazone Technical.
Sec. 107394. UV absorber 928.
Sec. 107395. UV absorber for industrial coatings.
Sec. 107396. Uniconazole-P.
Sec. 107397. VcMMAE.
Sec. 107398. UVA 360.
Sec. 107399. Trofinetide.
Sec. 107400. Flurazole.
Sec. 107401. Oxathiapiprolin.
Sec. 107402. Certain antimicrobial.
Sec. 107403. Rubber accelerator.
Sec. 107404. 2-Amino benzothiazole.
Sec. 107405. Technical Isofetamid fungicide.
Sec. 107406. Clomazone Technical.
Sec. 107407. NEM salt.
Sec. 107408. AMTC wet cake.
Sec. 107409. Photoinitiator 369.
Sec. 107410. Isatoic anhydride.
Sec. 107411. Oclacitinib maleate.
Sec. 107412. Thiencarbazone-methyl.
Sec. 107413. Penoxsulam technical herbicide.
Sec. 107414. Ethyl 2-sulfamoylbenzoate.
Sec. 107415. Sulfosulfuron.
Sec. 107416. Pyrimisulfan.
Sec. 107417. Purified steviol glycoside, rebaudioside A.
Sec. 107418. Glucosylated steviol glycosides.
Sec. 107419. Hydroxypropyl gamma cyclodextrin.
Sec. 107420. Hydroxypropylated beta cyclodextrin.
Sec. 107421. Methyl beta cyclodextrin.
Sec. 107422. 2'-Fucosyllactose.
Sec. 107423. Ascorbyl glucoside.
Sec. 107424. Dimethylamine borane (DMAB).
Sec. 107425. Elderberry extract concentrate.
Sec. 107426. Disperse Yellow 241.
Sec. 107427. Disperse Orange.
Sec. 107428. Mixtures of Disperse Yellow FD11843 and acetic acid.
Sec. 107429. Disperse Blue 54.
Sec. 107430. Mixtures of several disperse dyes.
Sec. 107431. Mixtures of 4 disperse blue dyes.
Sec. 107432. Mixtures of 4 dyes.
Sec. 107433. Disperse Red 86.
Sec. 107434. Disperse Violet 1.
Sec. 107435. Disperse Blue 60.
Sec. 107436. Mixtures of Disperse Orange 29, Disperse Red 167:1, and
Disperse Blue 56.
Sec. 107437. Disperse Yellow 54.
Sec. 107438. Acid Violet 48.
Sec. 107439. Acid Blue 280.
Sec. 107440. Acid Brown 282.
Sec. 107441. Acid Red 131.
Sec. 107442. Acid Red 249.
Sec. 107443. Acid Yellow 236.
Sec. 107444. Acid Red 407.
Sec. 107445. Acid Yellow 220.
Sec. 107446. Acid Yellow 232.
Sec. 107447. Acid Yellow 235.
Sec. 107448. Acid Yellow 151.
Sec. 107449. Acid Violet 43.
Sec. 107450. Acid Black 52.
Sec. 107451. Acid Black 2.
Sec. 107452. Acid Green 25.
Sec. 107453. Basic Brown 23.
Sec. 107454. Basic Violet 11:1 rhodamine dye.
Sec. 107455. Basic Yellow 37.
Sec. 107456. Basic Violet 3.
Sec. 107457. Direct Orange 118.
Sec. 107458. Direct Blue 86.
Sec. 107459. Direct Blue 199.
Sec. 107460. Direct Black 168.
Sec. 107461. Direct Red 227.
Sec. 107462. Direct Yellow 107.
Sec. 107463. Direct Green 26.
Sec. 107464. Direct Yellow 11.
Sec. 107465. Direct Orange 15.
Sec. 107466. Direct Brown 44.
Sec. 107467. Direct Red 81.
Sec. 107468. Direct Yellow 142.
Sec. 107469. Direct Red 80.
Sec. 107470. Direct Red 16.
Sec. 107471. Direct Red 254.
Sec. 107472. Colorant.
Sec. 107473. Direct Yellow 34.
Sec. 107474. Vat Orange 2 dye powder.
Sec. 107475. Vat Violet 13 dye.
Sec. 107476. Vat Brown 3 dye.
Sec. 107477. Vat Red 10 dye powder.
Sec. 107478. Vat Brown 57 dye.
Sec. 107479. Vat Red 31 dye powder.
Sec. 107480. Dye mixtures of Vat Brown 3 and Vat Black 27.
Sec. 107481. Vat Red 13.
Sec. 107482. Vat Yellow 2 dye powder.
Sec. 107483. Vat Yellow 33 dye.
Sec. 107484. Vat Green 1 dye.
Sec. 107485. Vat Green 3.
Sec. 107486. Vat Blue 6 dye.
Sec. 107487. Vat Blue 20 dye.
Sec. 107488. Vat Violet 1.
Sec. 107489. Vat Brown 1 dye.
Sec. 107490. Vat Black 16 dye.
Sec. 107491. Vat Black 25.
Sec. 107492. Vat Black 27.
Sec. 107493. Reactive Yellow 145.
Sec. 107494. Reactive Red 195.
Sec. 107495. Reactive Blue 49.
Sec. 107496. Reactive Blue 72.
Sec. 107497. Reactive Yellow 95 powder.
Sec. 107498. Reactive Red 245.
Sec. 107499. Reactive Brown 11.
Sec. 107500. Mixtures of Reactive Black 5 (Na) (FKP), Reactive Scarlet
F01-0439, and Reactive Orange 131.
Sec. 107501. Reactive Yellow F98-0159.
Sec. 107502. Dye mixtures of Reactive Orange 131 and Reactive Scarlet
F07-0522.
Sec. 107503. Reactive Black 31.
Sec. 107504. Reactive Red 120.
Sec. 107505. Reactive Blue 5.
Sec. 107506. Reactive Orange 13.
Sec. 107507. Reactive Orange 12.
Sec. 107508. Pigment Red 177.
Sec. 107509. Pigment Yellow 110.
Sec. 107510. Pigment Yellow 147.
Sec. 107511. Pigment Orange 64.
Sec. 107512. Pigment Blue 29.
Sec. 107513. Pigment Violet 15.
Sec. 107514. Pigment Blue 14.
Sec. 107515. Solvent Blue 97.
Sec. 107516. Solvent Green 5.
Sec. 107517. Solvent Yellow 98.
Sec. 107518. Solvent Green 7.
Sec. 107519. Solvent Red 195.
Sec. 107520. Solvent Orange 115.
Sec. 107521. Specialty dyes.
Sec. 107522. Solvent Green 3.
Sec. 107523. Solvent Blue 36.
Sec. 107524. Mixtures of Solvent Green 3.
Sec. 107525. Solvent Red 52.
Sec. 107526. Solvent Red 149.
Sec. 107527. Solvent Red 207.
Sec. 107528. Solvent Violet 14.
Sec. 107529. Solvent Yellow 179.
Sec. 107530. Solvent Yellow 131.
Sec. 107531. Hogen Blue XB-20.
Sec. 107532. Solvent Yellow 104.
Sec. 107533. Combination of Fluorescent Brighteners 367 and 371.
Sec. 107534. Fluorescent Brightener CBS-X.
Sec. 107535. Optical Brightener SWN.
Sec. 107536. C.I. Fluorescent Brightener 199:1.
Sec. 107537. Fluorescent Brightener 368.
Sec. 107538. 1,4-Bis(2-cyanostyryl)benzene.
Sec. 107539. Certain manufacturing inputs.
Sec. 107540. Cerium sulfide pigments.
Sec. 107541. Matte pearlescent pigments.
Sec. 107542. Angle-dependent interference pigments.
Sec. 107543. Inorganic Lumilux.
Sec. 107544. Ribbon/Matrix Resin.
Sec. 107545. Bonding agent 2005.
Sec. 107546. Fluoropolymer resin.
Sec. 107547. Zirconium 12 paint drier.
Sec. 107548. Zirconium 24 paint drier.
Sec. 107549. Drier accelerators.
Sec. 107550. Lemon oil.
Sec. 107551. Sulfonic acids, C14-17-sec-alkane, sodium salt.
Sec. 107552. Potassium ethyl octylphosphonate.
Sec. 107553. Intermediate in the production of industrial lubricants.
Sec. 107554. Polyether dispersant.
Sec. 107555. D-Glucopyranose.
Sec. 107556. 2-Dodecoxy-6-(hydroxymethyl)oxane-3,4,5-triol.
Sec. 107557. Mixtures of certain C12-14-alkyl ethers.
Sec. 107558. Manufacturing chemical.
Sec. 107559. Nonionic surfactant.
Sec. 107560. Chemical used in textile manufacturing.
Sec. 107561. Ethoxylated tristyrylphenol phosphate potassium salt.
Sec. 107562. Sodium polycarboxylate, aqueous solution.
Sec. 107563. Aqueous emulsion of a mixture of amine soaps and
miscellaneous other additives.
Sec. 107564. Aqueous dispersion of a mixture of fatty amine and amide
soaps and miscellaneous other additives.
Sec. 107565. Aqueous dispersion of a mixture of fatty amine and amide
soaps and miscellaneous other additives.
Sec. 107566. Photographic gelatin.
Sec. 107567. Ice fountains (class 1.4G).
Sec. 107568. Magic candles containing magnesium powder.
Sec. 107569. Party snappers (Class 1.4G).
Sec. 107570. Fenpyroximate 5SC.
Sec. 107571. Pyrifluquinazon 20SC.
Sec. 107572. Imidacloprid and Muscalure formulations.
Sec. 107573. Formulations of acephate and bifenthrin.
Sec. 107574. Fipronil.
Sec. 107575. Aluminum phosphide.
Sec. 107576. Magnaphos formulations.
Sec. 107577. Formulated oxamyl.
Sec. 107578. Formulated fungicides.
Sec. 107579. Certain fungicides.
Sec. 107580. Prothioconazole, Fluopyram, and Trifloxystrobin
fungicides.
Sec. 107581. Prothioconazole, Metalaxyl, and Tebuconazole fungicides.
Sec. 107582. Mancozeb and Chlorothalonil formulations.
Sec. 107583. Mixtures of Picarbutrox and application adjuvants.
Sec. 107584. Mixtures of Tetraconazole and application adjuvants.
Sec. 107585. Mancozeb and Azoxystrobin formulations.
Sec. 107586. Mixtures of Cymoxanil and fumed dioxosilane.
Sec. 107587. Microthiol formulations.
Sec. 107588. Formulations of thiencarbazone-methyl, Iodosulfuron-
methyl-sodium, and dicamba.
Sec. 107589. Thiencarbazone-methyl, Isoxadifenethyl, and Tembotrione
herbicides.
Sec. 107590. Herbicides used on grasses.
Sec. 107591. Thiencarbazone-methyl, Isoxaflutole, and Cyprosulfamide
herbicides.
Sec. 107592. Thiencarbazone-methyl and Iodosulfuron-methylsodium
herbicides.
Sec. 107593. Thiencarbazone-methyl and Mefenpyr-diethyl herbicides.
Sec. 107594. Thifensulfuron-methyl and Tribenuron-methyl formulations.
Sec. 107595. Tribenuron-methyl formulations.
Sec. 107596. Chlorsulfuron and metsulfuron-methyl formulations.
Sec. 107597. Thifensulfuron-methyl and Fluroxypyr formulations.
Sec. 107598. Aciflurofen formulations.
Sec. 107599. S-Metolachlor and Mestrione herbicides.
Sec. 107600. Metribuzin formulations.
Sec. 107601. Pendimethaline and Metribuzine formulations.
Sec. 107602. Formulations of S-Metolachlor and Metribuzin.
Sec. 107603. Thifensulfuron-methyl and Tribenuron-methyl formulations.
Sec. 107604. Metsulfuron-methyl formulations.
Sec. 107605. Chlorimuron-ethyl formulations.
Sec. 107606. Mixtures of Bromoxynil octanoate and Bromoxynil
heptanoate.
Sec. 107607. Sulfometuron-methyl and Metsulfuron-methyl formulations.
Sec. 107608. Chlorimuron-ethyl and Tribenuron-methyl formulations.
Sec. 107609. Formulations containing Tiafenacil.
Sec. 107610. Diuron 80.
Sec. 107611. Flazasulfuron herbicides.
Sec. 107612. Thifensulfuron-methyl formulations.
Sec. 107613. Herbicide for farm and ranch use.
Sec. 107614. Propanil formulations.
Sec. 107615. Thifensulfuron formulations.
Sec. 107616. Tolpyralate and Nicosulfuron herbicides.
Sec. 107617. Mixtures of magnesium salts and application adjuvants.
Sec. 107618. Nisin formulations.
Sec. 107619. Certain fixatives.
Sec. 107620. Fuel oil additives: cold flow improvers containing
poly(ethylene-co-ethenyl acetate).
Sec. 107621. Fuel oil additives: cold flow improvers containing
fumarate vinyl acetate co-polymer.
Sec. 107622. Crude oil additives: cold flow improvers containing
fumarate vinyl acetate copolymer.
Sec. 107623. Pour point depressants.
Sec. 107624. Fuel oil additives: cold flow improvers containing poly
(ethylene-co-ethenyl acetate and vinyl 2-
ethyl hexanoate).
Sec. 107625. Poly(isobutylene) hydroformylation products.
Sec. 107626. Input for rubber products.
Sec. 107627. Mixtures of oligomers as general antioxidants for rubber
tires.
Sec. 107628. Benzene, 2,4-diisocyanato-1,3,5-tris(1-methylethyl)-,
homopolymer.
Sec. 107629. Aromatic amine antioxidants.
Sec. 107630. Antioxidant blends.
Sec. 107631. Antioxidant blends to protect polymers.
Sec. 107632. Synthetic hydrotalcite coated with fatty acid and
magnesium stearate.
Sec. 107633. Silica scorch retarders and polymerization inhibitors.
Sec. 107634. Synthetic hydrotalcite.
Sec. 107635. Light stabilizers for construction products.
Sec. 107636. Light stabilizer for plastics.
Sec. 107637. Preparations of bis(2,4-dichlorobenzoyl) peroxide 50
percent paste.
Sec. 107638. Distilled tall oils.
Sec. 107639. Pyridine, alkyl derivatives.
Sec. 107640. Polyisocyanate crosslinking agents.
Sec. 107641. Bonding agent mixtures.
Sec. 107642. Liquid, chemically modified amine complex of boron
trifluoride.
Sec. 107643. Phthalocyanine derivative.
Sec. 107644. Mixtures of Cocamidopropyl betaine, glycol distearate,
Laureth-4, and water.
Sec. 107645. Mixtures of tall oil mono-, di-, and triglycerides.
Sec. 107646. Tallow-bis(2-hydroxyethyl) amines.
Sec. 107647. Additive mixtures for metalworking fluids.
Sec. 107648. Naphthenic acids.
Sec. 107649. Hydroxytyrosol powders.
Sec. 107650. Secondary alcohol ethoxylates.
Sec. 107651. Ethylene glycol dimerate.
Sec. 107652. Two-part liquid silicone kits.
Sec. 107653. Hydrophobic precipitated silica.
Sec. 107654. Silane, trimethoxyoctyl-, hydrolysis products.
Sec. 107655. 1,1,1-Trimethyl-N-(trimethylsilyl)silanamine hydrolysis
products.
Sec. 107656. Waterborne epoxy curing agents.
Sec. 107657. Preparations based on 1-phenylicosane-1,3-dione.
Sec. 107658. Mixtures of 2-Mercaptopropionic acid, methyl ester, O-
ethyl dithiocarbonate.
Sec. 107659. Epoxy curing agents.
Sec. 107660. Aliphatic amine curing agents.
Sec. 107661. Non-halogenated flame retardants.
Sec. 107662. Ligaphob N 90.
Sec. 107663. Organomodified siloxane.
Sec. 107664. Methyl palmitate-stearate, hydrogenated.
Sec. 107665. Olfine E1010.
Sec. 107666. Certain non-halogenated flame retardants.
Sec. 107667. Flame retardants.
Sec. 107668. Preparations based on acetyl hexapeptide-8 and
pentapeptide-18.
Sec. 107669. Lithium silicon oxide.
Sec. 107670. Branched olefin from propylene polymerization.
Sec. 107671. Polypropylene pellets.
Sec. 107672. Propylene-ethylene copolymer.
Sec. 107673. Ethylene-propylene copolymers.
Sec. 107674. Benzene alkylated with polypropylene.
Sec. 107675. Chlorinated polyolefin.
Sec. 107676. Adsorbent resin.
Sec. 107677. Vinyl chloride-hydroxypropyl acrylate copolymer.
Sec. 107678. Vinyl chloride ethylene copolymer with hydrophic
properties.
Sec. 107679. Fluids with boiling points above 170 C.
Sec. 107680. Formulations of functionalized perfluoropolyether.
Sec. 107681. Perfluoropolyether-urethane acrylate.
Sec. 107682. PVDF homopolymer/PVDF/CTFE copolymer mixtures.
Sec. 107683. Chemically modified PVDF.
Sec. 107684. Fluoropolymer, fluoroethylene-alkyl vinylether
alternative copolymers.
Sec. 107685. Copolymer of vinyl acetate and higher vinyl esters.
Sec. 107686. Food-grade vinyl acetate copolymer.
Sec. 107687. Vinyl chloride ethylene with enhanced properties.
Sec. 107688. Vinyl acetate ethylene copolymer with enhanced
properties.
Sec. 107689. Food-grade polyvinyl acetate homopolymers.
Sec. 107690. Acrylic acid/vinylsulphonate random copolymers.
Sec. 107691. Poly(methyl methacrylate) microspheres.
Sec. 107692. Methyl methacrylate crosspolymer microspheres.
Sec. 107693. Styrene acrylate copolymer with enhanced properties.
Sec. 107694. Copolymer for dental use.
Sec. 107695. Vinyl phosphonic acid, acrylic acid copolymer, 20 percent
solution in water.
Sec. 107696. Polyacrylate 33.
Sec. 107697. AA/AMPS copolymer.
Sec. 107698. Flocculant dry polyacrylamides.
Sec. 107699. Sorbitol, propylene oxide, ethylene oxide polymer.
Sec. 107700. Trimethoxysilylpropylcarbamate-terminated polyether.
Sec. 107701. Dimethoxy(methyl)silylmethylcarbamate-terminated
polyether.
Sec. 107702. Curing agent is used in two- or three-parts epoxy
systems.
Sec. 107703. Polyethylene glycol 450.
Sec. 107704. Medicinal intermediate for investigational use.
Sec. 107705. Aqueous solutions of carboxylic acid-copolymer-salt in
water.
Sec. 107706. Aqueous solutions of a modified polymer bearing
hydrophilic and hydrophobic groups.
Sec. 107707. Dimethylamine/epichlorohydrin/ethylenediamine copolymer.
Sec. 107708. Linear hydroxyl-terminated aliphatic polycarb diol.
Sec. 107709. Short hollow PET fibers.
Sec. 107710. Polytetrahydrofuran.
Sec. 107711. Crystalline polyesters.
Sec. 107712. Liquid crystal polymers.
Sec. 107713. Branched polyesters.
Sec. 107714. High molecular weight co-polyester.
Sec. 107715. High molecular weight co-polyester.
Sec. 107716. Polyester-polyamide dispersants.
Sec. 107717. Nylon-12 micro-spheres.
Sec. 107718. Short nylon-66 fibers.
Sec. 107719. Short nylon 6 fibers, colored.
Sec. 107720. Short triangular nylon 6 fibers.
Sec. 107721. Short star-shaped nylon 6 fibers.
Sec. 107722. Short heart-shaped nylon 6 fibers.
Sec. 107723. PA510 polymer compounds.
Sec. 107724. MXD6 polymer compounds.
Sec. 107725. PA10T polymer compounds.
Sec. 107726. PA10T/10I polymer compounds.
Sec. 107727. Polyurethane aqueous resins.
Sec. 107728. Aqueous resin.
Sec. 107729. Aliphatic polyisocyanate.
Sec. 107730. IPDI and HDI based aliphatic polyisocyanate.
Sec. 107731. HDI/Trimethylol hexyllactone crosspolymer micro-spheres.
Sec. 107732. HDI/PPG/Polycaprolactone crosspolymer micro-spheres.
Sec. 107733. Aromatic isocyanate prepolymer.
Sec. 107734. Blocked polyisocyanate containing solvent.
Sec. 107735. Polyisocyanate adduct for powder coatings.
Sec. 107736. Blocked polyisocyanate for use in can and coil
applications.
Sec. 107737. Polydimethylsiloxane.
Sec. 107738. Silicone resins.
Sec. 107739. Methoxyfunctional methyl-phenyl polysiloxane.
Sec. 107740. Hydrogenpolysiloxane.
Sec. 107741. Methyl silicone resins.
Sec. 107742. Epoxy functional polydimethylsiloxane.
Sec. 107743. Polymethylhydrogensiloxane.
Sec. 107744. Vinyl terminated siloxanes.
Sec. 107745. Silicone hybrid resin (solvent free).
Sec. 107746. Hydrogenated polycyclopentadiene resin.
Sec. 107747. Water dispersable HDI based polyisocyanate.
Sec. 107748. Cyanate ester resins for high-end electronic, aerospace,
and industrial applications.
Sec. 107749. Polyethyleneimine, component used in manufacturing
medical devices.
Sec. 107750. Polyhexanide.
Sec. 107751. Ethylene-norbornene copolymer.
Sec. 107752. Cellulose powder.
Sec. 107753. Polymaltotriose.
Sec. 107754. Chitosan.
Sec. 107755. Plastic drinking straws.
Sec. 107756. Garden hoses.
Sec. 107757. Plastic fittings of perfluoroalkoxy.
Sec. 107758. Low density polyethylene (LDPE) sheeting.
Sec. 107759. Biaxially oriented dielectric polypropylene film.
Sec. 107760. Biaxially oriented polypropylene (BOPP) capacitor-grade
film.
Sec. 107761. Polyester capacitor-grade film.
Sec. 107762. Acid form membranes.
Sec. 107763. Melamine resin foam.
Sec. 107764. Infant bathtubs and basins, of plastics.
Sec. 107765. Boxes, cases, crates, and similar articles of plastics.
Sec. 107766. Nozzles, black, of polypropylene.
Sec. 107767. Tip/cap combinations of polyethylene.
Sec. 107768. Bottles made of LDPE.
Sec. 107769. Plastic nasal irrigator caps for neti pots.
Sec. 107770. Toy character bottle toppers.
Sec. 107771. Melamine platters, other than those presented in sets.
Sec. 107772. Melamine plates, other than those presented in sets.
Sec. 107773. Melamine bowls not presented in sets.
Sec. 107774. Melamine trays not presented in sets.
Sec. 107775. Plastic measuring cups and spoons in sets.
Sec. 107776. Liquid measuring cups.
Sec. 107777. Self-anchoring beverage containers.
Sec. 107778. PVC infant bathtub mats.
Sec. 107779. Reversible playmats.
Sec. 107780. Hangers.
Sec. 107781. Infant bath rinsing cups.
Sec. 107782. Bathtub spout covers.
Sec. 107783. Infant teethers.
Sec. 107784. Lighted dog fetch toys.
Sec. 107785. Certain thermoplastic nylon 3-gang switch wallplates.
Sec. 107786. Manual plastic disposable cutlery dispensers.
Sec. 107787. Ear bulb syringes of clear silicone.
Sec. 107788. PVC inflatable pillows.
Sec. 107789. Self-inflatable queen air mattresses.
Sec. 107790. Plastic clip fasteners.
Sec. 107791. Self-venting spouts for diesel exhaust fluid.
Sec. 107792. Plastic pet carriers.
Sec. 107793. Plastic mixing tips.
Sec. 107794. Cable ties of plastics.
Sec. 107795. Flexible camera mountings.
Sec. 107796. Three-piece camera mount sets.
Sec. 107797. Magnetic swivel clips for cameras.
Sec. 107798. Helmet camera mounts.
Sec. 107799. Short extension poles for use with cameras.
Sec. 107800. Long extension poles for cameras.
Sec. 107801. Swivel mounts for cameras.
Sec. 107802. Tripod camera mounts.
Sec. 107803. Bulk hydraulic hoses.
Sec. 107804. Brake hydraulic hoses.
Sec. 107805. Bulk fabric/metal-reinforced rubber hoses.
Sec. 107806. Disposable gloves.
Sec. 107807. Reusable gloves.
Sec. 107808. Dog and cat apparel.
Sec. 107809. Polycarbonate vanity cases.
Sec. 107810. Aluminum vanity cases.
Sec. 107811. Suitcases with outer surface of aluminum with built-in
zipper locks.
Sec. 107812. Laminated recycled reusable shopping tote bags.
Sec. 107813. Reusable shopping style tote bags.
Sec. 107814. Waterproof tote bags.
Sec. 107815. Waterproof duffle bags.
Sec. 107816. Waterproof zippered bags, without handles, of plastic
sheeting.
Sec. 107817. Waterproof backpacks.
Sec. 107818. Waterproof waist packs.
Sec. 107819. Guitar cases.
Sec. 107820. Jewelry boxes.
Sec. 107821. Silicone rubber camera cases with straps.
Sec. 107822. Leather gloves with flip mitts for hunting.
Sec. 107823. Men's leather gloves valued at $18 or more per pair.
Sec. 107824. Belts of calf skin.
Sec. 107825. Bamboo engineered flooring: 12.5-12.9 mm thick.
Sec. 107826. Bamboo engineered flooring: 14.1-14.5 mm thick.
Sec. 107827. Bamboo engineered flooring: 15.7-16.1 mm thick.
Sec. 107828. Strand bamboo flooring: 12.5-12.9 mm thick.
Sec. 107829. Strand bamboo flooring: 14.1-14.5 mm thick.
Sec. 107830. Strand bamboo flooring: 10.9-11.3 mm thick.
Sec. 107831. Chopsticks made of bamboo.
Sec. 107832. Drying racks of wood.
Sec. 107833. Bamboo skewers.
Sec. 107834. Wood blinds with louvered slats.
Sec. 107835. 100 percent cotton woven crimped unbleached fabric.
Sec. 107836. Woven fabrics of cotton, containing 85 percent or more by
weight of cotton, not more than 200 grams
per square meter.
Sec. 107837. 100 percent cotton woven bleached fabric pieces, open
weave.
Sec. 107838. Incontinence underpad fabrics of cotton.
Sec. 107839. Woven fabrics of cotton with an average yarn number
between 55 and 60.
Sec. 107840. Woven fabric of cotton of yarn number 69 or higher.
Sec. 107841. Woven fabrics of cotton with an average yarn number
exceeding 68.
Sec. 107842. Incontinence underpad fabrics, cotton, plain weave, of
yarn number 42 or lower.
Sec. 107843. Incontinence underpad fabrics, cotton, plain weave, of
yarn number between 43 and 68.
Sec. 107844. Incontinence underpad fabrics, bleached.
Sec. 107845. Incontinence underpad fabrics, printed.
Sec. 107846. Untwisted filament polyvinyl alcohol yarn, measuring
1,100 to 1,330 decitex.
Sec. 107847. Untwisted filament polyvinyl alcohol yarn.
Sec. 107848. Polypropylene (PP) monofilament.
Sec. 107849. Acrylic fiber tow with an average decitex of 0.9.
Sec. 107850. Black polyester bi-component fibers.
Sec. 107851. Acrylic staple fibers with an average decitex of 2.2,
fiber length of 100 mm.
Sec. 107852. Modacrylic staple fibers not processed for spinning.
Sec. 107853. Short polypropylene fibers.
Sec. 107854. Polyoxadiazole fibers.
Sec. 107855. Artificial staple fibers of viscose rayon, 38-42 mm in
length.
Sec. 107856. Artificial fibers of viscose rayon for the manufacture of
feminine hygiene products.
Sec. 107857. Flame retardant rayon fibers, measuring 4.78 decitex.
Sec. 107858. Flame retardant rayon fibers, measuring 4.55 decitex.
Sec. 107859. Flame retardant rayon fibers, measuring 4.4 decitex.
Sec. 107860. Other flame retardant rayon fibers.
Sec. 107861. Cellulosic man-made viscose rayon staple fibers,
measuring 1.3-1.5 decitex.
Sec. 107862. Viscose rayon staple fibers, measuring 1.5-1.67 decitex,
with a fiber length of 38-42 mm.
Sec. 107863. Cellulosic man-made viscose rayon staple fibers,
measuring 1.67-2 decitex.
Sec. 107864. Viscose rayon staple fibers, measuring 1-2 decitex, with
a fiber length of 4-8 mm.
Sec. 107865. Viscose staple fibers used in textile, medical, or
hygiene applications.
Sec. 107866. Viscose rayon staple fibers, measuring 1.51-2 decitex,
with a fiber length of 8-16 mm.
Sec. 107867. Viscose rayon staple fibers, measuring 1-1.5 decitex,
with a fiber length of 8-16 mm.
Sec. 107868. Flame retardant viscose rayon staple fibers, with a
decitex of 4.7 mm and a fiber length of 51-
60 mm.
Sec. 107869. Viscose rayon staple fibers for nonwoven production.
Sec. 107870. Black viscose rayon staple fibers.
Sec. 107871. Acrylic or modacrylic staple fibers with a decitex of 3-
5.6.
Sec. 107872. Made up hand-cast string-drawn fishing nets.
Sec. 107873. Knitted carpets containing 75 percent or more of cotton,
with a rubber backing.
Sec. 107874. Knitted carpets containing 75 percent or more by weight
of polyester, with a rubber backing.
Sec. 107875. Faux leather fabrics.
Sec. 107876. Grass catcher bags.
Sec. 107877. Oxygenation membrane capillary material.
Sec. 107878. Textile knitted fabrics composed of micromodal and
elastane.
Sec. 107879. Textile technical knitted fabrics combining technical
cotton and elastane.
Sec. 107880. Textile knit fabrics of modal, cashmere, and spandex.
Sec. 107881. Women's and girls' dresses, knitted or crocheted, of
synthetic fibers infused with minerals.
Sec. 107882. Women's and girls' skirts and divided skirts of synthetic
fibers infused with minerals.
Sec. 107883. Women's and girls' knit cardigans or pullovers containing
70 percent or more of silk.
Sec. 107884. Men's and boys' knit cardigans or pullovers of linen.
Sec. 107885. Babies' knit sweaters, pullovers, sweatshirts, waistcoats
(vests), and cardigans, of artificial
fibers.
Sec. 107886. Women's and girls' tops, knitted or crocheted, of man-
made fibers infused with minerals.
Sec. 107887. Men's and boy's tops, knitted or crocheted, of man-made
fibers infused with minerals.
Sec. 107888. Men's 3 mm wetsuits.
Sec. 107889. Men's 5.5 and 6.5 mm wetsuits.
Sec. 107890. Men's 3.5 mm wetsuits.
Sec. 107891. Men's 4.5 mm wetsuits.
Sec. 107892. Women's 3 mm wetsuits.
Sec. 107893. Women's 3.5 mm wetsuits.
Sec. 107894. Women's 4.5 mm wetsuits.
Sec. 107895. Women's 5.5 and 6.5 mm wetsuits.
Sec. 107896. Insulated handmuffs of knit polyester.
Sec. 107897. Men's stockingfoot wader bottom subassemblies, of
compressed neoprene.
Sec. 107898. Men's stockingfoot wader bottom subassemblies, of non-
compressed neoprene.
Sec. 107899. Fishing wader pocket pouch assemblies.
Sec. 107900. Martial arts uniforms.
Sec. 107901. Women's or girls' linen woven blouses, shirts and shirt-
blouses, and sleeveless tank styles.
Sec. 107902. Women's or girls' linen woven washsuits, sunsuits, or
one-piece playsuits.
Sec. 107903. Women's or girls' linen woven coveralls or jumpsuits.
Sec. 107904. Women's shawls and similar goods, 100 percent silk.
Sec. 107905. Winter cycling gloves.
Sec. 107906. Lock pocket tents.
Sec. 107907. Dark room tents.
Sec. 107908. Bi-component microfiber tube mop refills.
Sec. 107909. Microfiber duster refills.
Sec. 107910. RFID mop pads.
Sec. 107911. Microfiber cleaning cloths.
Sec. 107912. Microfiber mop pads.
Sec. 107913. Golf bag body flats.
Sec. 107914. Bathtub elbow rests.
Sec. 107915. Door swings.
Sec. 107916. Under bed restraints.
Sec. 107917. Bath kneeler.
Sec. 107918. Two-piece camera mount kits.
Sec. 107919. Sleeve covers.
Sec. 107920. Men's cycling shoes valued over $18 per pair.
Sec. 107921. Women's cycling shoes valued over $16 per pair.
Sec. 107922. Men's golf shoes with outers and uppers of rubber or
plastics, valued over $20 per pair.
Sec. 107923. Golf shoes other than for men, with outers and uppers of
rubber or plastics, valued over $20 per
pair.
Sec. 107924. Winter cycling boots for men.
Sec. 107925. Winter cycling boots for women.
Sec. 107926. Children's footwear valued over $15 per pair.
Sec. 107927. Women's protective active footwear, valued over $25 per
pair, 15.35-25.4 cm in height.
Sec. 107928. Cheer shoes covering the ankle.
Sec. 107929. Sideline cheer shoes.
Sec. 107930. Men's athletic footwear, valued under $9 per pair.
Sec. 107931. Athletic footwear for women, valued not over $9 per pair.
Sec. 107932. Athletic footwear for children, valued not over $8 per
pair.
Sec. 107933. Men's golf shoes, with outer soles and uppers of rubber
or plastics, not covering the ankle, valued
$15 per pair or over.
Sec. 107934. Golf shoes other than for men, with outer soles and
uppers of rubber or plastics, not covering
the ankle, valued $15 per pair or over.
Sec. 107935. Men's rubber/plastic footwear, valued not over $5 per
pair.
Sec. 107936. Women's rubber/plastic footwear, valued not over $6 per
pair.
Sec. 107937. Cheer shoes with sole less than 12 mm.
Sec. 107938. Men's golf shoes with outers and uppers of rubber or
plastics, valued over $19 per pair.
Sec. 107939. Golf shoes other than for men, outer soles and uppers of
rubber or plastics, valued over $19 per
pair.
Sec. 107940. Men's golf shoes, outer soles of rubber, plastics,
leather or composition leather and uppers
of leather (except pigskin uppers).
Sec. 107941. Women's leather footwear, lined with pigskin with zipper,
valued $47-$60 per pair.
Sec. 107942. Women's leather footwear, lined with pigskin, valued $31-
$40 per pair.
Sec. 107943. Women's slip-on cow/calf hair footwear, valued $50-$60
per pair.
Sec. 107944. Women's leather footwear lined with sheepskin.
Sec. 107945. Women's leather slip-on footwear lined with sheep
leather.
Sec. 107946. Women's leather slip-on footwear lined with pigskin.
Sec. 107947. Women's leather footwear, lined with pigskin, valued $21-
$27 per pair.
Sec. 107948. Women's footwear with leather uppers, lined with pigskin,
closed toe or heel with functional zippers
on sides.
Sec. 107949. Women's footwear with leather uppers, lined with pigskin
with adjustable laces.
Sec. 107950. Competitive cheer shoes with leather uppers.
Sec. 107951. Women's footwear with leather uppers, with strap and
buckle, valued $27-$40 per pair.
Sec. 107952. Children's leather upper athletic footwear, valued not
over $9 per pair.
Sec. 107953. Men's athletic type footwear with uppers of textile
materials of vegetable fibers and outer
soles of rubber or plastic with textile
flocking.
Sec. 107954. Athletic footwear for men, with a bellows tongue, valued
over $6.50 but not over $12 per pair.
Sec. 107955. Athletic footwear for women, with a bellows tongue,
valued over $6.50 but not over $12 per
pair.
Sec. 107956. Athletic footwear for children, bellows tongue, valued
over $6.50 but not over $12 per pair.
Sec. 107957. Athletic footwear for men, valued over $6.50 but not over
$9 per pair.
Sec. 107958. Athletic footwear for children, valued over $6.50 but not
over $9 per pair.
Sec. 107959. Cheer shoes with uppers of textile materials.
Sec. 107960. Women's footwear with textile uppers and 50 percent or
more of the surface area of which is
leather.
Sec. 107961. Women's footwear with textile uppers, open toes or heels,
valued $15-$30 per pair.
Sec. 107962. Men's textile upper footwear, with open toes or open
heels, valued not over $12 per pair.
Sec. 107963. Women's textile upper footwear, with open toes or open
heels, valued not over $12 per pair.
Sec. 107964. Children's textile upper footwear, with open toes or open
heels, valued not over $12 per pair.
Sec. 107965. Oxford-style work footwear with steel safety toe and
static dissipating protection.
Sec. 107966. Oxford footwear with textile uppers and composite toe,
valued over $20 per pair.
Sec. 107967. Men's mid-cut footwear with a textile upper and a
protective toe cap.
Sec. 107968. Women's footwear with leather soles and textile uppers,
open toes or heels, valued $12-$24 per
pair.
Sec. 107969. Footwear for women valued over $20 but not over $24 per
pair.
Sec. 107970. Women's footwear with leather soles and textile uppers,
valued $15-$20 per pair.
Sec. 107971. Women's footwear with leather soles and textile uppers,
valued $20-$25 per pair.
Sec. 107972. Women's footwear with cork soles and textile uppers.
Sec. 107973. Men's footwear with felt soles, not covering the ankle,
valued $20 per pair or higher.
Sec. 107974. Women's and girls' footwear with cork uppers, valued less
than $25 per pair.
Sec. 107975. Women's footwear with cow/calf hair uppers, valued $35-
$40 per pair, covering the ankle.
Sec. 107976. Women's footwear with cow/calf hair uppers, valued $35-
$40 per pair, not covering the ankle.
Sec. 107977. Women's footwear with cow/calf hair uppers, valued $19-
$25 per pair.
Sec. 107978. Women's footwear with cow/calf hair uppers, valued $50-
$55 per pair.
Sec. 107979. Women's footwear, leather soles and rubber/plastic
uppers, valued $16-$18 per pair.
Sec. 107980. Women's footwear with cow/calf hair uppers, valued $19-
$34 per pair.
Sec. 107981. Footwear for women, valued over $50 but not over $60 per
pair.
Sec. 107982. Calf hair upper footwear.
Sec. 107983. Gaiters of man-made fibers.
Sec. 107984. Hats of vegetable fibers.
Sec. 107985. Hairnets.
Sec. 107986. Cotton knit hats, valued $8 or less.
Sec. 107987. Babies' woven cotton hats.
Sec. 107988. Hats of man-made fiber, valued $5-$25.
Sec. 107989. Waterproof and insulated hats with ear flaps, valued over
$15.
Sec. 107990. Fishing wading staffs.
Sec. 107991. Plastic plants for aquariums, not glued or bound.
Sec. 107992. Natural stone ledger tile of sandstone.
Sec. 107993. Marble mosaic and pebble tiles.
Sec. 107994. Natural stone limestone tiles.
Sec. 107995. Natural stone marble tiles.
Sec. 107996. Waterjet natural stone mosaic tile.
Sec. 107997. Marble entertaining and serveware.
Sec. 107998. Articles of marble for kitchen and dining room.
Sec. 107999. Natural stone ledger tiles of travertine.
Sec. 108000. Travertine decorative tile.
Sec. 108001. Limestone decorative tiles.
Sec. 108002. Blank, embossed, and printed stoneware coaster disks and
trivets.
Sec. 108003. Rolled green glass sheets.
Sec. 108004. Framed rear-view mirrors.
Sec. 108005. Wall mirrors, unframed.
Sec. 108006. Wall mirrors, framed.
Sec. 108007. Stemware (crystalline) drinking glasses valued over $0.30
but not over $3 each, other than those
presented in sets.
Sec. 108008. Double-walled insulated glass tumblers.
Sec. 108009. Diamond-shaped stemmed wine glasses.
Sec. 108010. Twisted-center stemless wine glass.
Sec. 108011. Crystalline drinking glasses, without stems, not in sets.
Sec. 108012. Double-walled insulated glass bowls.
Sec. 108013. Leaf-shaped glass decanters.
Sec. 108014. Set of four appetizer plates made of glass with steel
caddy holder, valued at $2 each.
Sec. 108015. Spice rack with glass jars and wooden lids valued not
over $3 each.
Sec. 108016. Glass lens blanks for infrared applications.
Sec. 108017. Hair accessories of glass beads, imitation pearls, and
imitation stones, valued less than $7.
Sec. 108018. Filter bags with acid-resistant coating, of woven
fiberglass laminated to ePTFE, weighing at
least 325 g/m\2\ but not over 350 g/m\2\.
Sec. 108019. Fiberglass replacement wicks for outdoor garden torch.
Sec. 108020. Filter bags of woven fiberglass fabric laminated to an
ePTFE, with a polytetrafluoroethylene
coated backing, not acid resistant,
weighing at least 721 g/m\2\ but not over
771 g/m\2\.
Sec. 108021. Silver catalyst.
Sec. 108022. Silver round blanks.
Sec. 108023. Ferroboron alloy.
Sec. 108024. Cast iron nonmalleable threaded main body combo castings
for residential fuel oil tanks.
Sec. 108025. Cast iron nonmalleable threaded vent caps for residential
fuel oil tanks.
Sec. 108026. Cast iron nonmalleable threaded bushings for residential
fuel oil tanks.
Sec. 108027. Cast iron nonmalleable threaded tank adapters for
residential fuel oil tanks.
Sec. 108028. Cast iron nonmalleable threaded fill alarm main body for
residential fuel oil tanks.
Sec. 108029. Cast iron nonmalleable threaded fill box caps for
residential fuel oil tanks.
Sec. 108030. Cast iron nonmalleable threaded leg flanges for
residential fuel oil tanks.
Sec. 108031. Portable gas cooking stoves.
Sec. 108032. Portable outdoor cookers.
Sec. 108033. Self-anchored beverage containers.
Sec. 108034. Stainless steel handmade kitchen sinks.
Sec. 108035. Loose frame baskets.
Sec. 108036. Two-story fire escape ladders.
Sec. 108037. Three-story fire escape ladders.
Sec. 108038. Work support stands of steel.
Sec. 108039. Locking fixtures of iron or steel.
Sec. 108040. Stainless steel phone handle-and-stand accessories.
Sec. 108041. Circular and S-shaped stainless steel carabiners.
Sec. 108042. Pieces of refined unwrought copper cathode 99.9999
percent pure.
Sec. 108043. Ultra-thin and wide-width aluminum foil.
Sec. 108044. Etched capacitor aluminum foil of a thickness 0.018-0.126
mm.
Sec. 108045. Stove top coffee makers.
Sec. 108046. Aluminum shower caddies.
Sec. 108047. Step stools of aluminum.
Sec. 108048. Aluminum ladders.
Sec. 108049. Circular and S-shaped aluminum carabiners.
Sec. 108050. Stationary sprinklers of zinc.
Sec. 108051. Tungsten waste and scrap.
Sec. 108052. Cobalt alloys.
Sec. 108053. Certain gallium (Ga).
Sec. 108054. Niobium (columbium) rings no thicker than 20 mm.
Sec. 108055. Tungsten secondary raw material.
Sec. 108056. Gear-driven bolt cutters and pipe cutters.
Sec. 108057. Rotary cutters.
Sec. 108058. Food graters.
Sec. 108059. Hand tools for applying plastic clip fasteners to
garments.
Sec. 108060. Steel workstations with vises adjustable by foot pedal.
Sec. 108061. Fixed carbide cutter and roller cone drill bits.
Sec. 108062. Rotary food graters.
Sec. 108063. Coffee presses.
Sec. 108064. Vacuum insulated coffee servers with a brew-through lid.
Sec. 108065. Vacuum insulated coffee servers with no lid.
Sec. 108066. Vacuum insulated coffee servers with fitted hinged lid.
Sec. 108067. Commercial vacuum insulated coffee servers with sight
gauge.
Sec. 108068. Commercial vacuum insulated coffee servers with plastic
base.
Sec. 108069. Commercial vacuum insulated coffee servers with plastic
base and stand.
Sec. 108070. Craft knives with fixed pen-like or retractable blades.
Sec. 108071. Craft knives.
Sec. 108072. Blades for craft knives with non-fixed blades.
Sec. 108073. Ergonomic pinking shears.
Sec. 108074. Spring-action scissors.
Sec. 108075. Electronic locks for lockers.
Sec. 108076. Luggage locks of base metal, packaged for retail sale.
Sec. 108077. Key-operated door handles, push-pull-rotate.
Sec. 108078. Vent mounted magnetic mobile phone holder for
automobiles.
Sec. 108079. Dash mounted magnetic mobile phone holder for
automobiles.
Sec. 108080. Windshield mounted magnetic mobile phone holder for
automobiles.
Sec. 108081. Steel latches with plastic plungers.
Sec. 108082. Non-key-operated door handles.
Sec. 108083. Curtain rings.
Sec. 108084. Brackets.
Sec. 108085. Curtain rods.
Sec. 108086. Curtain rod hardware.
Sec. 108087. Curtain tiebacks.
Sec. 108088. Curtain rod finials.
Sec. 108089. Curved shower rods.
Sec. 108090. Shower hooks and rings.
Sec. 108091. Straight shower rods.
Sec. 108092. Steel window rods.
Sec. 108093. Antitheft steel cases with digital locks.
Sec. 108094. Stainless steel hose kits.
Sec. 108095. Stainless steel hoses.
Sec. 108096. Wrist watch strap buckles not over 18 mm.
Sec. 108097. Wrist watch strap buckles over 18 mm.
Sec. 108098. Used cylinder heads.
Sec. 108099. Cylinder heads used solely or principally with certain
engines.
Sec. 108100. Engine blocks.
Sec. 108101. Swirler assemblies for turbines.
Sec. 108102. Barrels for fuel mixing.
Sec. 108103. Injector assemblies for certain turbines.
Sec. 108104. Stem assemblies for certain turbines.
Sec. 108105. Tip assemblies for non-gas turbines.
Sec. 108106. High pressure fuel pumps.
Sec. 108107. Dry scroll vacuum pumps 364x333x485 mm.
Sec. 108108. Dry scroll vacuum pumps 297x260x420 mm.
Sec. 108109. Dry scroll vacuum pumps 254x260x420 mm.
Sec. 108110. Dry scroll vacuum pumps 181x140x358 mm.
Sec. 108111. Turbomolecular vacuum pumps.
Sec. 108112. Rotary vane vacuum pumps valued over $500 each.
Sec. 108113. Vacuum diffusion pumps valued over $900 each.
Sec. 108114. Hand- or foot-operated air pumps.
Sec. 108115. Roof vent fans.
Sec. 108116. 12-Amp corded electric leaf blowers.
Sec. 108117. Cordless battery powered leaf blowers not exceeding 20
volts.
Sec. 108118. Cordless battery powered leaf blowers between 20 and 60
V.
Sec. 108119. Fan assemblies for cab climate systems.
Sec. 108120. Aquarium air pumps.
Sec. 108121. Heat pumps for residential use.
Sec. 108122. Heat pumps (outdoor units) for split air conditioner
systems.
Sec. 108123. High-wall indoor units.
Sec. 108124. Single-zone outdoor units.
Sec. 108125. Mini heat pumps for split air conditioner systems.
Sec. 108126. Multi-zone outdoor unit ductless systems.
Sec. 108127. Indoor units of split air conditioner systems.
Sec. 108128. Ductless 18000 BTU heat pumps, single zone inverter.
Sec. 108129. Single-phase heat pump.
Sec. 108130. Steel vacuum pitchers with plastic hinged lid.
Sec. 108131. Oil filters.
Sec. 108132. Battery powered nasal irrigators.
Sec. 108133. Struts to absorb vibration.
Sec. 108134. Table saws (25.4 cm.), operable corded and cordless.
Sec. 108135. Sliding miter saws (25.4 cm) with laser, corded and
cordless.
Sec. 108136. Electromechanical rotary hammers, corded and cordless.
Sec. 108137. Electromechanical hammer impact drivers, corded and
cordless.
Sec. 108138. Rotary hammer drill tools with self-contained electric
motor.
Sec. 108139. Drill driver tools with self-contained electric motor.
Sec. 108140. Extruders.
Sec. 108141. Three-dimensional drawing pens.
Sec. 108142. Professional grade three-dimensional drawing pens.
Sec. 108143. Electric multi-functional blower vacuums.
Sec. 108144. Autosamplers (multisamplers) for liquid chromatographs.
Sec. 108145. Autosamplers (vialsamplers) for liquid chromatographs.
Sec. 108146. Hydraulic hammer assembly.
Sec. 108147. Segmented bladder-operated molds, with more than 25-inch
rim diameter.
Sec. 108148. Used valves for directional control.
Sec. 108149. Keg spears with pressure release valves.
Sec. 108150. Multiport distribution controllers.
Sec. 108151. Subsea modular trees.
Sec. 108152. Flow selector unit-multi-port 6-branch engine
crankshafts.
Sec. 108153. Engine crankshafts.
Sec. 108154. Turbocharger journal bearings.
Sec. 108155. Mid-range bearing housings.
Sec. 108156. Heavy duty bearing housings.
Sec. 108157. Fixed ration gear boxes.
Sec. 108158. Track drive gear boxes.
Sec. 108159. Swing bearing assembly.
Sec. 108160. Gears for use in machinery or within engines.
Sec. 108161. 14Y stepper motors.
Sec. 108162. Air door actuators.
Sec. 108163. Servo motors.
Sec. 108164. DC brushed rhombic winding NdFeb magnet motors, with
output under 18.65 W.
Sec. 108165. DC brushed rhombic winding NdFeB magnet motors.
Sec. 108166. DC brushed rhombic winding AlNiCo magnet motors, with
output under 18.65 W.
Sec. 108167. DC brushless rhombic winding NdFeB magnet motors, with
output under 18.65 W.
Sec. 108168. DC brushed rhombic winding NdFeB magnet motors, with
output over 18.65 but not over 37.5 W.
Sec. 108169. DC brushed rhombic winding AlNiCo magnet motors, with
output over 18.65 W but not over 37.5 W.
Sec. 108170. DC brushless slotless rhombic winding NdFeB magnet motors
output over 18.65 W but not over 37.5 W.
Sec. 108171. DC brushed rhombic winding NdFeB magnet motors output
over 37.5 W but not over 74.6 W.
Sec. 108172. DC brushless slotless rhombic winding NdFeB magnet motors
output over 37.5 W but not over 74.6 W.
Sec. 108173. Motors.
Sec. 108174. DC motors of an output exceeding 74.6 W but not exceeding
735 W.
Sec. 108175. DC motors, of an output exceeding 74.6 W but not
exceeding 735 W.
Sec. 108176. DC brushed rhombic winding NdFeB magnet motors output
over 74.6 W but not over 735 W.
Sec. 108177. DC brushless slotless rhombic winding NdFeB magnet motors
output over 74.6 W but not over 735 W.
Sec. 108178. DC motors of an output exceeding 750 W but not exceeding
14.92 kW.
Sec. 108179. DC electric motor for non-aircraft gas turbines.
Sec. 108180. AC alternators.
Sec. 108181. AC alternators with copper windings.
Sec. 108182. Wound stators and rotor assemblies.
Sec. 108183. Rotors.
Sec. 108184. Stators for washing machines, with a 27-tooth design.
Sec. 108185. Stators for washing machines, with an 18-tooth design.
Sec. 108186. Rotors for washing machines, with a height of 60.8 mm.
Sec. 108187. Rotors for washing machines, with a height of 49 mm.
Sec. 108188. 6 V lead-acid storage batteries.
Sec. 108189. 12 V lead-acid storage batteries, used for the auxiliary
source of power.
Sec. 108190. Lead-acid storage batteries, used for wheelchairs.
Sec. 108191. 12 V lead-acid storage batteries, rated at less than 15
ampere-hours.
Sec. 108192. 12 V lead-acid storage batteries, rated at 15 ampere-
hours or more.
Sec. 108193. Cell box assemblies, weighing 15 kg or more but not over
18 kg.
Sec. 108194. Cell box assemblies, weighing 30 kg or more but not over
36 kg.
Sec. 108195. Cell box assemblies, weighing 36 kg or more but not over
49 kg.
Sec. 108196. Cell box assemblies NX.
Sec. 108197. Food processors with a capacity greater than 2.9 liters
but not exceeding 3.1 liters.
Sec. 108198. Food processors with a capacity greater than 1.6 liters
but not exceeding 2.2 liters.
Sec. 108199. Cordless hand blenders.
Sec. 108200. Cordless hand mixers.
Sec. 108201. Corded hand blenders.
Sec. 108202. Burr coffee grinders.
Sec. 108203. Electric food processors with bowl scraper.
Sec. 108204. Electric food processors with snap-locking lid.
Sec. 108205. Electric juice extractors.
Sec. 108206. Electric drink mixers.
Sec. 108207. Spiralizing food processors with a capacity equal to or
greater than 2.36 liters but not exceeding
2.64 liters.
Sec. 108208. Spiralizing food processors with a capacity equal to or
greater than 2.83 liters but not exceeding
3.07 liters.
Sec. 108209. Dicing food processors.
Sec. 108210. Compact food processor with smoothie function.
Sec. 108211. Juice extractors.
Sec. 108212. Integrated baby food making systems.
Sec. 108213. Electric juice mixers and grinders.
Sec. 108214. Ultrasonic humidifiers.
Sec. 108215. Automatic litterboxes, valued no more than $100.
Sec. 108216. Electric toothbrushes.
Sec. 108217. Ultrasonic cool/warm mist humidifiers with aromatherapy.
Sec. 108218. 2-in-1 can opener.
Sec. 108219. Food spiralizing devices.
Sec. 108220. Ceramic bowls.
Sec. 108221. Food grinders for certain electromechanical stand food
mixers.
Sec. 108222. Pasta press extruders for certain stand food mixers.
Sec. 108223. Stainless steel bowls for certain electromechanical stand
food mixers, with capacity greater than 4.2
liters but not exceeding 4.8 liters.
Sec. 108224. Stainless steel bowls for certain electromechanical stand
food mixers, with capacity greater than 2.8
liters but not exceeding 3.4 liters.
Sec. 108225. Stainless steel bowls for certain electromechanical stand
food mixers, with capacity greater than 5.6
liters but not exceeding 8.6 liters.
Sec. 108226. Pasta rollers and cutters for stand food mixers.
Sec. 108227. Glass bowls for certain electromechanical stand food
mixers.
Sec. 108228. Body trimmers for detailed hair trimming.
Sec. 108229. Hair clipper sets.
Sec. 108230. Rechargeable trimmers for trimming human hair.
Sec. 108231. PCB assemblies for clippers and trimmers.
Sec. 108232. LED bicycle wheel spoke lights.
Sec. 108233. Bicycle rear lights.
Sec. 108234. Portable electric lamps.
Sec. 108235. Space heaters.
Sec. 108236. Microwave ovens with capacity not exceeding 22.5 liters.
Sec. 108237. Microwave ovens with capacity exceeding 22.5 liters but
not exceeding 31 liters.
Sec. 108238. Low-profile microwave ovens with electronic opening
mechanism and integral range hood.
Sec. 108239. Low-profile microwave ovens with push button opening
mechanism and integral range hood.
Sec. 108240. Low-profile microwave ovens with electronic opening
mechanism and without a range hood.
Sec. 108241. Searing grills.
Sec. 108242. Automatic drip coffee makers.
Sec. 108243. Espresso machines.
Sec. 108244. Coffee makers with dishwasher safe removable parts.
Sec. 108245. Single-service coffee makers with milk frothers.
Sec. 108246. Electric coffee makers with dual dispensers.
Sec. 108247. Electric coffee makers for brewing capsules.
Sec. 108248. Automatic or manual pour over coffee makers.
Sec. 108249. Removable reservoir coffeemakers.
Sec. 108250. Single serve coffee makers.
Sec. 108251. 2-way coffee makers with a 12-cup carafe and a pod
brewer.
Sec. 108252. Rapid cold brew and hot coffee makers.
Sec. 108253. Electric kettles.
Sec. 108254. Electric toasters with even-toast feature.
Sec. 108255. Electric toasters with 6.5 inch slots.
Sec. 108256. Electric toasters with 37 mm wide slots, with an under-
base cord wrap.
Sec. 108257. 2- and 4-slot toasters, not having a button to keep
toaster contents warm after toasting.
Sec. 108258. 2-slot toasters, with a button to keep toaster content
warm after toasting.
Sec. 108259. Electric toasters with double-slice slots.
Sec. 108260. Electric toasters with 37 mm wide slots, with a
retractable cord.
Sec. 108261. Electric pressure cookers rated more than 800 W but not
more than 1,000 W, with a capacity of not
less than 5 liters.
Sec. 108262. Electric pressure cookers rated more than 1,200 W but not
more than 1,400 W, with a capacity of less
than 5 liters.
Sec. 108263. Electric pressure cookers rated more than 1,000 W but not
more than 1,200 W, with a capacity of less
than 5 liters.
Sec. 108264. Contoured heating pads.
Sec. 108265. Slow cookers with non-stick ceramic coated stoneware.
Sec. 108266. Heating pads.
Sec. 108267. Programmable slow cookers with digital display.
Sec. 108268. 8-Quart electric slow cookers.
Sec. 108269. Programmable slow cookers.
Sec. 108270. Electric slow cookers with locking lid.
Sec. 108271. Double flip waffle makers with removable grids.
Sec. 108272. Ice cream waffle cone and bowl makers.
Sec. 108273. Electric breakfast sandwich makers.
Sec. 108274. Pressure cookers.
Sec. 108275. 10-quart programmable slow cookers.
Sec. 108276. Polished stainless steel 1.5-quart tea kettles.
Sec. 108277. Egg bite makers.
Sec. 108278. Vacuum steel insulated coffee carafes, of a kind used
with deep ultraviolet lithography machines.
Sec. 108279. Vacuum steel insulated carafes for household coffee
machines, of a kind used with deep
ultraviolet lithography machines.
Sec. 108280. Vacuum steel bodies with inner and outer steel layers.
Sec. 108281. Lamp-holder housings of plastic.
Sec. 108282. 660 W, 125 V, lamp-holder with two 15 amp outlets.
Sec. 108283. Combination duplex receptacle/outlet and USB charger, 15-
20 amp, 125 V.
Sec. 108284. Range and dryer receptacles.
Sec. 108285. Residential grade receptacles.
Sec. 108286. Residential and commercial USB receptacles.
Sec. 108287. Power strips.
Sec. 108288. Surge protectors.
Sec. 108289. Programmable controllers for architectural lighting.
Sec. 108290. Electronic modular control panels for generators.
Sec. 108291. Power distribution modules and programmable controllers.
Sec. 108292. Glass capacitive touchscreen assemblies with LCD.
Sec. 108293. Lamps containing deuterium gas without radio-frequency
identification (RFID).
Sec. 108294. Lamps containing deuterium gas with radio-frequency
identification (RFID).
Sec. 108295. Fiber channel coaxial cables of silver-plated copper
conductors and expanded ePTFE dielectrics.
Sec. 108296. Insulated coaxial cables, of a kind used with deep
ultraviolet lithography machines.
Sec. 108297. Coaxial cables insulated with ePTFE, vapor sealed, of a
kind used with deep ultraviolet lithography
machines.
Sec. 108298. Coaxial cables insulated with ePTFE, non-vapor sealed, of
a kind used with deep ultraviolet
lithography machines.
Sec. 108299. Low speed automotive ethernet USB harnesses.
Sec. 108300. High speed autolink cable USB harnesses.
Sec. 108301. Insulated electric conductors, of a kind used with
extreme ultraviolet lithography machines.
Sec. 108302. Insulated electric conductors, of a kind used with deep
ultraviolet lithography machines.
Sec. 108303. Insulated electric conductors, of a kind used with
optical instruments.
Sec. 108304. Rings, blocks, and other insulating fittings of quartz.
Sec. 108305. Front tire splash guards for vehicles.
Sec. 108306. Rear tire splash guards for vehicles.
Sec. 108307. Automatic gear boxes.
Sec. 108308. Suspension systems (struts) for off-highway trucks.
Sec. 108309. Suspension system stabilizer bars.
Sec. 108310. Tie rod assemblies.
Sec. 108311. Used axle housings.
Sec. 108312. Used parts for power trains.
Sec. 108313. Front windshield covers.
Sec. 108314. Expansion chambers.
Sec. 108315. Bicycle racks for car roofs.
Sec. 108316. High pressure fuel injector rails.
Sec. 108317. Stand-up bicycles, having both wheels exceeding 63.5 cm
in diameter.
Sec. 108318. Elliptical cycles, with wheels not exceeding 63.5 cm in
diameter.
Sec. 108319. Bicycle frames, other than of steel, valued $600 or less.
Sec. 108320. Internal gear bicycle hubs, other than two or three
speeds.
Sec. 108321. Bicycle pedals other than clipless pedals.
Sec. 108322. Clipless bicycle pedals and parts thereof.
Sec. 108323. Carbon fiber bicycle seatposts.
Sec. 108324. Bicycle handlebar tape, other than silicon or leather
tape.
Sec. 108325. Trailer cycles.
Sec. 108326. Dropper seatposts.
Sec. 108327. Bicycle fenders.
Sec. 108328. Bicycle handlebars.
Sec. 108329. Multi-functional steel carts.
Sec. 108330. Non-mechanically propelled industrial hand truck.
Sec. 108331. Moving dollies.
Sec. 108332. Paragliders, paraglider wings and paraglider harnesses.
Sec. 108333. Sailing catamarans and power catamarans.
Sec. 108334. Projection lenses.
Sec. 108335. Mounted optical lenses.
Sec. 108336. Objective lenses for broadcast cameras.
Sec. 108337. Objective lenses for cinema cameras.
Sec. 108338. Magnifying spectacles.
Sec. 108339. LCD television panel assemblies, with a video display
measuring over 175.26 cm.
Sec. 108340. LCD television panel assemblies, with a video display
measuring over 149.86 cm but not over
175.26 cm.
Sec. 108341. LCD television panel assemblies, with a video display
measuring over 139.7 cm but not over 149.86
cm.
Sec. 108342. LCD television panel assemblies, with a video display
measuring over 137.16 cm but not over 139.7
cm.
Sec. 108343. Housings designed for infrared lenses.
Sec. 108344. Electronic temperature indicators, weighing 14.2 g.
Sec. 108345. Electronic temperature indicators, weighing 64.4 g.
Sec. 108346. Electronic temperature indicators, weighing 430 g.
Sec. 108347. Global cargo trackers, weighing 660 g.
Sec. 108348. Temperature data monitors, weighing 115 g.
Sec. 108349. Temperature data monitors, weighing 138.9 g.
Sec. 108350. Temperature data monitors, weighing 133.2 g.
Sec. 108351. Parts and accessories of bicycle speedometers.
Sec. 108352. Wired remote controllers.
Sec. 108353. Analog/digital wrist watches.
Sec. 108354. Mechanical wrist watches.
Sec. 108355. Mechanical wrist watches with leather or other band.
Sec. 108356. Analog pocket watches.
Sec. 108357. Projection alarm clocks, non-atomic.
Sec. 108358. Projection atomic alarm clocks.
Sec. 108359. Analog wall clocks without thermometer, hygrometer, or
barometer gauges.
Sec. 108360. Analog clocks with thermometer and hygrometer.
Sec. 108361. Atomic analog wall clocks.
Sec. 108362. Atomic digital clocks.
Sec. 108363. Analog kitchen timers.
Sec. 108364. Wrist watch movements having over one jewel and less than
7 jewels.
Sec. 108365. Watch movements having over 7 jewels and under 17 jewels.
Sec. 108366. Watch cases or ``bodies'' over 41 mm in diameter.
Sec. 108367. Watch cases or ``bodies'' not over 41 mm in diameter.
Sec. 108368. Watch case bezels, backs, and centers.
Sec. 108369. Watch case parts.
Sec. 108370. Stainless steel watch bracelets.
Sec. 108371. Watch dials.
Sec. 108372. Watch crowns.
Sec. 108373. Watch hands.
Sec. 108374. Acoustic guitars.
Sec. 108375. Console digital pianos.
Sec. 108376. Grand digital pianos.
Sec. 108377. Electronic 61-key keyboards.
Sec. 108378. Electric guitars and acoustic/electric guitars.
Sec. 108379. Memory foam travel pillows.
Sec. 108380. Lighting for wall installation.
Sec. 108381. Decorative bathroom fan assemblies (lighting fixtures)
assemblies.
Sec. 108382. Metal household floor lamps.
Sec. 108383. Solar powered pathway lights, each measuring between 36.8
cm and 42 cm in height.
Sec. 108384. Solar powered pathway lights, each measuring between 45
cm and 48 cm in height.
Sec. 108385. Exterior exit viewing lights, dual beam.
Sec. 108386. LED flameless candles.
Sec. 108387. Aquarium LED light strands.
Sec. 108388. LED light modules for bathroom fans/lights.
Sec. 108389. Aquarium LED light sticks.
Sec. 108390. Aquarium LED light strips.
Sec. 108391. Decorative votive candle holders.
Sec. 108392. Candle jar shades.
Sec. 108393. Non-electrical lighting.
Sec. 108394. Outdoor garden or patio torches of bamboo construction.
Sec. 108395. Outdoor garden or patio torches of non-bamboo
construction.
Sec. 108396. Indoor oil lamps with base of glass or metal.
Sec. 108397. Outdoor garden torches for tabletop use.
Sec. 108398. Glass lens arrays for spotlights.
Sec. 108399. Lamp shades.
Sec. 108400. Galvanized steel LED downlight housing frames.
Sec. 108401. Aluminum cylinders for LED lighting fixtures.
Sec. 108402. Galvanized steel brackets and plates for LED lighting
fixtures.
Sec. 108403. Aluminum LED downlight reflectors.
Sec. 108404. Outdoor garden torch replacement canisters.
Sec. 108405. Iris subassemblies for moving lights.
Sec. 108406. Zoom modules for automated moving lights.
Sec. 108407. Golf club heads for fairway woods.
Sec. 108408. Golf club shafts for putters.
Sec. 108409. Steel golf club shafts, other than for putters.
Sec. 108410. Golf club shaft assemblies.
Sec. 108411. Graphite driver golf club shafts, extra stiff flex.
Sec. 108412. Graphite hybrid golf club shafts, extra stiff flex.
Sec. 108413. Graphite irons golf club shafts, extra stiff flex.
Sec. 108414. Graphite driver golf club shafts, regular, senior, adult,
or ladies flex.
Sec. 108415. Graphite golf club driver shafts, stiff flex.
Sec. 108416. Graphite hybrid golf club shafts, regular, senior, adult,
or ladies flex.
Sec. 108417. Graphite hybrid golf club shafts, stiff flex.
Sec. 108418. Graphite irons golf club shafts, regular, senior, adult,
or ladies flex.
Sec. 108419. Graphite irons golf club shafts, stiff flex.
Sec. 108420. Pickleball paddles.
Sec. 108421. Pickleballs.
Sec. 108422. Exercise cycles.
Sec. 108423. Stationary trainers.
Sec. 108424. Multimodality fitness equipment, without integrated
contact grip heart rate monitor.
Sec. 108425. Multimodality fitness equipment with integrated power
sensor to measure the user's upper body
power input.
Sec. 108426. Parts and accessories for treadmills.
Sec. 108427. Parts and accessories for ellipticals.
Sec. 108428. Parts and accessories for stationary exercise cycles.
Sec. 108429. Parts and accessories for weight training equipment.
Sec. 108430. Parts and accessories for certain exercise equipment
machines.
Sec. 108431. Lateral elliptical machines.
Sec. 108432. Adjustable-weight kettlebells.
Sec. 108433. Adjustable-weight barbell.
Sec. 108434. Exercise cycles with dual-position handgrips.
Sec. 108435. Exercise cycles with single handgrips.
Sec. 108436. Upright exercise cycles.
Sec. 108437. Recumbent exercise cycles with touchscreen consoles.
Sec. 108438. Leaning exercise cycles.
Sec. 108439. Rod gyms, with vertical bench.
Sec. 108440. Rod and resistance gyms, with flat benches.
Sec. 108441. Foldable treadmills, with LCD consoles with control
keypads.
Sec. 108442. Foldable treadmills, with touchscreen consoles measuring
44.5 cm or less.
Sec. 108443. Indoor cycling machines with wireless data touchscreen
displays.
Sec. 108444. Indoor cycling machines with LCD consoles and two water
bottle holders.
Sec. 108445. Indoor cycling machines with LCD consoles and single
water bottle holder.
Sec. 108446. Recumbent elliptical machines.
Sec. 108447. Fitness equipment combining the functions of an
elliptical and a stair stepper, weight over
90 kgs.
Sec. 108448. Foldable treadmills with touchscreen console greater than
44.4 cm.
Sec. 108449. Interactive indoor cycling exercise cycles.
Sec. 108450. Multimodality fitness equipment, with integrated contact
grip heart rate monitors.
Sec. 108451. Fishing reels valued not over $2.70 each, pre-spooled,
with rod and fishing line.
Sec. 108452. Fishing reels valued not over $2.70 each.
Sec. 108453. Hard artificial crankbaits.
Sec. 108454. Collapsible big game decoys.
Sec. 108455. Vacuum steel hinged lid pitchers, not exceeding 1 liter.
Sec. 108456. Vacuum insulated drinkware having a capacity exceeding 1
liter but not exceeding 2 liters.
Sec. 108457. Vacuum insulated drinkware having a capacity exceeding 2
liters but not exceeding 4 liters.
Sec. 108458. Vacuum glass lined steel coffee servers over 2 liters.
Sec. 108459. Vacuum glass lined steel coffee servers over 2 liters
with lever dispensing.
Subtitle B--Existing Duty Suspensions and Reductions
Sec. 108460. Extension of certain existing duty suspensions and
reductions and other modifications.
Subtitle C--Effective Date and Technical Corrections Authority
Sec. 108461. Effective date.
Sec. 108462. Authority to make technical and conforming changes.
SEC. 100001. SHORT TITLE.
This division may be cited as the ``American Worker and Trade
Competitiveness Act''.
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 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 AND OTHER DEPENDENT CARE ALLOWANCES.
``(a) Child and Other Dependent Care Allowances Authorized.--
``(1) In general.--Each State shall use, from funds made
available to the State to carry out sections 235 through 238A,
such amounts as may be necessary to allow an adversely affected
worker covered by a certification issued under subchapter A of
this chapter to file an application for a child and other
dependent care allowance with the Secretary, and the Secretary
may grant the child care allowance, subject to the terms and
conditions of this section.
``(2) Conditions for granting allowance.--A child and other
dependent care allowance shall be granted if the allowance will
assist an adversely affected worker to attend training or seek
suitable employment, by providing for the care of one or more
of the minor dependents of the worker.
``(b) Amount of Allowance.--Any child and other dependent care
allowance granted to a worker under subsection (a) shall not exceed
$2,000 per minor dependent per year.
``(c) Adjustment of Maximum Allowance Limitation for Inflation.--
``(1) In general.--The Secretary of Labor shall adjust the
maximum allowance limitation under subsection (b) on the date
that is 30 days after the date of the enactment of this
subsection, and at the beginning of each fiscal year
thereafter, to reflect the percentage (if any) of the increase
in the average of the Consumer Price Index for the preceding
12-month period compared to the Consumer Price Index for fiscal
year 2020.
``(2) Special rules for calculation of adjustment.--In
making an adjustment under paragraph (1), the Secretary--
``(A) shall round the amount of any increase in the
Consumer Price Index to the nearest dollar; and
``(B) may ignore any such increase of less than 1
percent.
``(3) Consumer price index defined.--For purposes of this
subsection, the term `Consumer Price Index' means the Consumer
Price Index for All Urban Consumers published by the Bureau of
Labor Statistics of the Department of Labor.''.
(2) Conforming amendments.--
(A) Limitations on administrative expenses and
employment and case management services.--Section 235A
of the Trade Act of 1974 (19 U.S.C. 2295a) is amended
in the matter preceding paragraph (1) by striking
``through 238'' and inserting ``through 238A''.
(B) Training.--Section 236(a)(2) of the Trade Act
of 1974 (19 U.S.C. 2296(a)(2)) is amended--
(i) in subparagraph (A), by striking ``and
238'' and inserting ``238, and 238A'';
(ii) in subparagraph (B), by striking ``and
238'' each place it appears and inserting
``238, and 238A'';
(iii) in subparagraph (C)(i), by striking
``and 238'' and inserting ``238, and 238A'';
(iv) in subparagraph (C)(v), by striking
``and 238'' and inserting ``238, and 238A'';
and
(v) in subparagraph (E), by striking ``and
238'' each place it appears and inserting
``238, and 238A''.
(3) Clerical amendment.--The table of contents for the
Trade Act of 1974 is amended by adding after the item relating
to section 238 the following new item:
``Sec. 238A. Child and other dependent care allowances.''.
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) Requirements for Certain Territories.--The Secretary shall
establish such requirements as may be necessary and appropriate to
modify the requirements of this chapter, including requirements
relating to eligibility for trade readjustment allowances and
limitations on administrative expenditures, to address the particular
circumstances of Guam, the Virgin Islands of the United States,
American Samoa, and the Commonwealth of the Northern Mariana Islands in
implementing and carrying out this chapter.''.
SEC. 101116. SUBPOENA POWER.
Section 249 of the Trade Act of 1974 (19 U.S.C. 2321) is amended--
(1) in subsection (a), by adding at the end the following:
``The authority under the preceding sentence includes the
authority of States to require, by subpoena, a firm to provide
information on workers employed by, or totally or partially
separated from, the firm that is necessary to make a
determination under this chapter or to provide outreach to
workers, including the names and address of workers.''; and
(2) by adding at the end the following:
``(c) Enforcement of Subpoenas by States.--A State may enforce
compliance with a subpoena issued under subsection (a)--
``(1) as provided for under State law; and
``(2) by petitioning an appropriate United States district
court for an order requiring compliance with the subpoena.''.
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 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 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
(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
years 2002 through 2028, the Secretary of Labor may
reserve not more than 5 percent for administration of
the program, including providing technical assistance,
sustained outreach to eligible institutions effectively
serving minority or low-income populations, grants for
pilots and demonstrations, and a rigorous third-party
evaluation of the program.
(5) Trade adjustment assistance for farmers.--Section 298
of the Trade Act of 1974 (19 U.S.C. 2401g(a)) is amended--
(A) in subsection (a)--
(i) by striking ``$90,000,000'' and
inserting ``$50,000,000''; and
(ii) by striking ``2021'' and inserting
``2028''; and
(B) by adding at the end the following:
``(c) Reservation by the Secretary.--Of the funds appropriated to
carry out this chapter for any fiscal year, the Secretary of
Agriculture may not reserve more than 5 percent for technical
assistance, pilots and demonstrations, and the evaluation of activities
carried out under this chapter.''.
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 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--
``(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.''.
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.--
``(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--
(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--
(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 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 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.
``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 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
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)''.
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.
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)......
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)......
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:
`` 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:
`` 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)......
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:
`` 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:
`` 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:
`` 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:
`` 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)......
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:
`` 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)......
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)......
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:
`` 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)......
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)......
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:
`` 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)......
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:
`` 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)......
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)......
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:
`` 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)......
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:
`` 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:
`` 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:
`` 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:
`` 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)......
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:
`` 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:
`` 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:
`` 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:
`` 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:
`` 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:
`` 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)......
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)......
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)......
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:
`` 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:
`` 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:
`` 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)......
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:
`` 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:
`` 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:
`` 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)......
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:
`` 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:
`` 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:
`` 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:
`` 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)......
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)......
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:
`` 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:
`` 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:
`` 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:
`` 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:
`` 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)......
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)......
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:
`` 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:
`` 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:
`` 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:
`` 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)......
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)......
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:
`` 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)......
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:
`` 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:
`` 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:
`` 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)......
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:
`` 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)......
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:
`` 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:
`` 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)......
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)......
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:
`` 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:
`` 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)......
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)......
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:
`` 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:
`` 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:
`` 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)......
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:
`` 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)......
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:
`` 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)......
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:
`` 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:
`` 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:
`` 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)......
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)......
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)......
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)......
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)......
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:
`` 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:
`` 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:
`` 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:
`` 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:
`` 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)......
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:
`` 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:
`` 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)......
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:
`` 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:
`` 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:
`` 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:
`` 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:
`` 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:
`` 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:
`` 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)......
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:
`` 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:
`` 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)......
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:
`` 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:
`` 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)......
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)......
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:
`` 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:
`` 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:
`` 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)......
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:
`` 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)......
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:
`` 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:
`` 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:
`` 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:
`` 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:
`` 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:
`` 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)......
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)......
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:
`` 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)......
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)......
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:
`` 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)......
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:
`` 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)......
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)......
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:
`` 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:
`` 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:
`` 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)......
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:
`` 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:
`` 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..
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)......
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:
`` 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:
`` 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:
`` 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)......
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:
`` 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)......
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:
`` 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)......
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:
`` 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)......
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:
`` 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:
`` 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:
`` 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:
`` 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:
`` 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:
`` 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)......
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)......
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:
`` 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:
`` 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:
`` 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:
`` 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)......
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:
`` 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:
`` 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:
`` 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.......
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:
`` 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:
`` 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:
`` 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:
`` 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:
`` 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)......
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)......
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)......
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:
`` 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:
`` 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:
`` 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:
`` 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)......
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)......
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:
`` 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.....
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:
`` 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)......
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:
`` 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..
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:
`` 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:
`` 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:
`` 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).
(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).
(152) Heading 9902.04.95 (relating to p-
chlorophenylisocyanate).
(153) Heading 9902.04.96 (relating to phenylisocyanate).
(154) Heading 9902.04.99 (relating to Thiobencarb).
(155) Heading 9902.05.01 (relating to EPTC).
(156) Heading 9902.05.02 (relating to Phosmet).
(157) Heading 9902.05.06 (relating to active ingredient for
fungicide).
(158) Heading 9902.05.10 (relating to 4,6-
bis(octylthiomethyl)-o-cresol).
(159) Heading 9902.05.11 (relating to 4,4'-thiobis 2-1,1-
dimethylethyl-5-methyl-phenol).
(160) Heading 9902.05.13 (relating to thiobis(6-tert-butyl-
4-methylphenol)).
(161) Heading 9902.05.21 (relating to thioglycolic acid).
(162) Heading 9902.05.22 (relating to 2-mercaptoethanol).
(163) Heading 9902.05.30 (relating to triphenylphosphine).
(164) Heading 9902.05.31 (relating to Fenbutatin oxide).
(165) Heading 9902.05.33 (relating to ultraviolet dye).
(166) Heading 9902.05.38 (relating to MSMA).
(167) Heading 9902.05.55 (relating to Ethofumesate).
(168) Heading 9902.05.56 (relating to Carbosulfan
Technical).
(169) Heading 9902.05.57 (relating to Helional).
(170) Heading 9902.05.58 (relating to reaction mixture of
(rel-2R,4R)-tetrahydro (pyranol)).
(171) Heading 9902.05.61 (relating to Fenpyroximate).
(172) Heading 9902.05.64 (relating to Tolfenpyrad).
(173) Heading 9902.05.65 (relating to Penflufen).
(174) Heading 9902.05.75 (relating to Fenamidone).
(175) Heading 9902.05.81 (relating to Boscalid).
(176) Heading 9902.05.93 (relating to Triclopyr).
(177) Heading 9902.05.96 (relating to Mepiquat chloride).
(178) Heading 9902.05.98 (relating to Saltidin).
(179) Heading 9902.06.03 (relating to Pyridalyl).
(180) Heading 9902.06.08 (relating to 2-acetylnicotinic
acid).
(181) Heading 9902.06.09 (relating to light stabilizer).
(182) Heading 9902.06.12 (relating to 5-methylpyridine-2,3-
dicarboxylic acid (5-MPDC)).
(183) Heading 9902.06.26 (relating to Quinaldine).
(184) Heading 9902.06.28 (relating to Terbacil).
(185) Heading 9902.06.29 (relating to Bispyribac sodium).
(186) Heading 9902.06.36 (relating to Pirimiphos-methyl).
(187) Heading 9902.06.42 (relating to phenyl(4,6-dimethoxy-
pyrimidin-2-yl)carbamate).
(188) Heading 9902.06.43 (relating to Methyliodouracil).
(189) Heading 9902.06.48 (relating to 2-amino-4,6-
dimethylpyrimidine).
(190) Heading 9902.06.50 (relating to cyanuric chloride).
(191) Heading 9902.06.55 (relating to Simazine).
(192) Heading 9902.06.62 (relating to tris (2-hydroxyethyl)
isocyanurate (THEIC)).
(193) Heading 9902.06.63 (relating to 2-amino-4-methoxy-6-
methyl-1,3,5-triazine).
(194) Heading 9902.06.64 (relating to 4-methoxy-N,6-
dimethyl-1,3,5-triazin-2-amine).
(195) Heading 9902.06.65 (relating to triallyl cyanurate).
(196) Heading 9902.06.71 (relating to Fenbuconazole
fungicide).
(197) Heading 9902.06.72 (relating to Fenazaquin).
(198) Heading 9902.06.74 (relating to Pyridaben).
(199) Heading 9902.06.79 (relating to Triticonazole).
(200) Heading 9902.06.83 (relating to Carbendazim).
(201) Heading 9902.06.86 (relating to Tetraconazole).
(202) Heading 9902.06.92 (relating to 2-[3-(2H-
benzotriazol-2-yl)-4-hydroxyphenyl]ethyl methacrylate).
(203) Heading 9902.06.96 (relating to PolyAziridine PZ-33).
(204) Heading 9902.06.98 (relating to 5-amino-1,2-dihydro-
3H-1,2,4-triazole-3-thione).
(205) Heading 9902.07.09 (relating to 2-
mercaptobenzothiazole).
(206) Heading 9902.07.10 (relating to corrosion inhibitor).
(207) Heading 9902.07.11 (relating to 2-amino 4-methyl
benzothiazole).
(208) Heading 9902.07.12 (relating to accelerator for
rubber production).
(209) Heading 9902.07.17 (relating to Carboxin).
(210) Heading 9902.07.18 (relating to 1,2-benzisothiazolin-
3(2H)-one,2-butyl).
(211) Heading 9902.07.19 (relating to 4-[3-(4-
chlorophenyl)-3-(3,4-dimethoxyph)).
(212) Heading 9902.07.23 (relating to Bentazon).
(213) Heading 9902.07.25 (relating to Topramezone).
(214) Heading 9902.07.34 (relating to OBPA).
(215) Heading 9902.07.48 (relating to 2-amino-3-
cyanothiophene).
(216) Heading 9902.07.49 (relating to Tebuthiuron
technical).
(217) Heading 9902.07.51 (relating to performance fluid).
(218) Heading 9902.07.52 (relating to Etridiazole).
(219) Heading 9902.07.59 (relating to para-toluene
sulphonyl hydrazide).
(220) Heading 9902.07.61 (relating to Sulfometuron-methyl).
(221) Heading 9902.07.63 (relating to Tosyl-4-CPP).
(222) Heading 9902.07.64 (relating to Asulam).
(223) Heading 9902.07.67 (relating to methyl 2-
(aminosulfonyl) benzoate).
(224) Heading 9902.07.68 (relating to methyl 3-
sulfamoylthiophene-2-carboxylate).
(225) Heading 9902.07.69 (relating to 3-(ethylsulfonyl)-2-
pyridinesulfonamide).
(226) Heading 9902.07.70 (relating to carbamic acid, N-[[3-
[(dimethyl...]-, phenyl ester).
(227) Heading 9902.07.81 (relating to black carrot color
concentrate).
(228) Heading 9902.07.82 (relating to purple sweet potato
color concentrate).
(229) Heading 9902.07.83 (relating to red cabbage color
concentrate).
(230) Heading 9902.07.84 (relating to red radish color
concentrate).
(231) Heading 9902.08.09 (relating to Disperse Blue 77).
(232) Heading 9902.08.11 (relating to Disperse Red 60).
(233) Heading 9902.08.16 (relating to Acid Black 194).
(234) Heading 9902.08.18 (relating to acid dye for Pigment
Red 144).
(235) Heading 9902.08.39 (relating to indigo, Vat Blue 1).
(236) Heading 9902.08.40 (relating to Pigment Orange 43/Vat
Orange 7).
(237) Heading 9902.08.43 (relating to Vat Blue 19).
(238) Heading 9902.08.45 (relating to Vat Blue 1, reduced).
(239) Heading 9902.08.46 (relating to isoviolanthrone-Vat
Violet 10).
(240) Heading 9902.08.47 (relating to Vat Blue 4).
(241) Heading 9902.08.57 (relating to Reactive Red 180).
(242) Heading 9902.08.61 (relating to G500 blue crude).
(243) Heading 9902.08.65 (relating to Solvent Orange 63).
(244) Heading 9902.08.69 (relating to Solvent Red 179).
(245) Heading 9902.08.71 (relating to Solvent Violet 13 (CI
60725)).
(246) Heading 9902.08.72 (relating to Solvent Yellow 195).
(247) Heading 9902.08.73 (relating to Solvent Yellow 163).
(248) Heading 9902.08.74 (relating to Solvent Red 227).
(249) Heading 9902.08.75 (relating to Solvent Red 169).
(250) Heading 9902.08.76 (relating to Solvent Yellow 114).
(251) Heading 9902.08.77 (relating to Solvent Orange 60).
(252) Heading 9902.08.78 (relating to Solvent Red 135).
(253) Heading 9902.08.79 (relating to Solvent Blue 35).
(254) Heading 9902.08.81 (relating to 2,4-dinitrophenol).
(255) Heading 9902.08.84 (relating to optical brightener).
(256) Heading 9902.08.85 (relating to whitening agent).
(257) Heading 9902.08.87 (relating to organic luminescent
pigments and dyes).
(258) Heading 9902.08.88 (relating to phosphorescent
pigments zinc sulfide, copper doped).
(259) Heading 9902.09.01 (relating to cold pressed
grapefruit oil).
(260) Heading 9902.09.02 (relating to oil of lemon
eucalyptus (OLE)).
(261) Heading 9902.09.03 (relating to ADV 7800 S-ME).
(262) Heading 9902.09.04 (relating to surfactant).
(263) Heading 9902.09.05 (relating to ADV 7850 A-ME).
(264) Heading 9902.09.06 (relating to ADV 7800 S-W).
(265) Heading 9902.09.09 (relating to certain esters).
(266) Heading 9902.09.12 (relating to surfactant used in
pesticides).
(267) Heading 9902.09.14 (relating to sparklers).
(268) Heading 9902.09.17 (relating to poly pale ester 10).
(269) Heading 9902.09.18 (relating to Dymerex).
(270) Heading 9902.09.26 (relating to Tetrachlorvinfos
formulations).
(271) Heading 9902.09.27 (relating to mixtures of
Clofentezine).
(272) Heading 9902.09.32 (relating to zinc phosphate
formulations).
(273) Heading 9902.09.39 (relating to formulated Methomyl).
(274) Heading 9902.09.47 (relating to mixtures of
Oxathiapiprolin).
(275) Heading 9902.09.65 (relating to product for post-
harvest fruit treatment).
(276) Heading 9902.09.67 (relating to mixtures of
Famoxadone, Cymoxanil, and application adjuvants).
(277) Heading 9902.09.73 (relating to Ziram).
(278) Heading 9902.09.74 (relating to Thiram).
(279) Heading 9902.09.82 (relating to Dodine mixtures.)
(280) Heading 9902.09.83 (relating to packs used in fruit
treatment).
(281) Heading 9902.09.91 (relating to Pyraflufen ethyl 40
percent (ET MB 40)).
(282) Heading 9902.09.97 (relating to Napropamide
formulations).
(283) Heading 9902.09.98 (relating to Sulfometuron-methyl
formulations).
(284) Heading 9902.10.16 (relating to granular herbicide).
(285) Heading 9902.10.18 (relating to Fosamine).
(286) Heading 9902.10.20 (relating to 5-amino-1,3-dihydro-
2H-benzimidazol-2-one).
(287) Heading 9902.10.26 (relating to mixture used in
vulcanization).
(288) Heading 9902.10.34 (relating to reaction products of
phosphorus trichloride).
(289) Heading 9902.10.38 (relating to potassium methylate
solution).
(290) Heading 9902.10.39 (relating to additive for use in
dish cleaning formulations).
(291) Heading 9902.10.43 (relating to glycol ester).
(292) Heading 9902.10.46 (relating to lauryl-cetyl
alcohol).
(293) Heading 9902.10.52 (relating to polymeric ester
blend).
(294) Heading 9902.10.53 (relating to CE-1618BL methyl
palmitate/oleate).
(295) Heading 9902.10.58 (relating to speciality monomers).
(296) Heading 9902.10.60 (relating to sodium ethylate).
(297) Heading 9902.10.63 (relating to synthetic acid washed
beta zeolite powder).
(298) Heading 9902.10.70 (relating to amorphous alpha
olefin with high softening point).
(299) Heading 9902.10.71 (relating to polymethylpentene
(PMP) polyolefin copolymer).
(300) Heading 9902.10.72 (relating to light stabilizer).
(301) Heading 9902.10.73 (relating to non-functionalized
polybutadiene).
(302) Heading 9902.10.78 (relating to vinyl chloride-
hydroxypropyl acrylate copolymer).
(303) Heading 9902.10.80 (relating to S02F melt processable
resin).
(304) Heading 9902.10.85 (relating to material used in
paper coatings).
(305) Heading 9902.10.89 (relating to esters for use in
coatings).
(306) Heading 9902.10.92 (relating to lubricant for use in
media).
(307) Heading 9902.10.94 (relating to ingredient used in
transdermal patches).
(308) Heading 9902.10.99 (relating to vinyl acetate-
alkeneoic acid copolymer).
(309) Heading 9902.11.03 (relating to product used in
coatings and adhesives).
(310) Heading 9902.11.05 (relating to polymeric sulfonic
acid).
(311) Heading 9902.11.06 (relating to 2-propenoic acid,
sodium salt).
(312) Heading 9902.11.07 (relating to poly(butyl
methacrylate).
(313) Heading 9902.11.08 (relating to poly(ethyl acrylate-
co-methyl methacrylate)).
(314) Heading 9902.11.09 (relating to poly(methacrylic
acid-co-methyl methacrylate) 1:1).
(315) Heading 9902.11.10 (relating to poly(methyl acrylate-
co-methyl methacrylate).
(316) Heading 9902.11.17 (relating to sorbitol diglycidyl
ether epoxide resin).
(317) Heading 9902.11.20 (relating to linear aliphatic
polycarbonate polyester).
(318) Heading 9902.11.30 (relating to products for
enhancing optical transparency).
(319) Heading 9902.11.31 (relating to polyamide powders).
(320) Heading 9902.11.32 (relating to formulation for use
in thermoplastic injection molding).
(321) Heading 9902.11.33 (relating to formulation for use
in plastics applications).
(322) Heading 9902.11.35 (relating to Phenol, 4-(1,1-
dimethylethyl)-,polymer with formaldehyde).
(323) Heading 9902.11.38 (relating to polyurethane
hardener).
(324) Heading 9902.11.39 (relating to H12MDI based
aliphatic polyisocyanate).
(325) Heading 9902.11.40 (relating to TDI based blocked
aromatic polyisocyanate).
(326) Heading 9902.11.41 (relating to self-cross linking,
stoving polyurethane resin).
(327) Heading 9902.11.46 (relating to aliphatic/aromatic
polyisocyanate copolymer).
(328) Heading 9902.11.47 (relating to TDI based aromatic
polyisocyanate).
(329) Heading 9902.11.48 (relating to water-dispersible HDI
based polyisocyanate).
(330) Heading 9902.11.58 (relating to industrial
nitrocellulose (damped alcohol content of 33-37%)).
(331) Heading 9902.11.60 (relating to propylene glycol
alginate (PGA)).
(332) Heading 9902.11.61 (relating to alginic acid and
other alginates).
(333) Heading 9902.11.63 (relating to sodium hyaluronate).
(334) Heading 9902.11.64 (relating to weak acid cation ion-
exchange resin).
(335) Heading 9902.11.65 (relating to weak acid macroporous
cation ion-exchange resins).
(336) Heading 9902.11.87 (relating to regenerated cellulose
sheets for industrial sponges).
(337) Heading 9902.11.95 (relating to single wrapped
cutlery joined by a skewer).
(338) Heading 9902.11.98 (relating to plastic pet crate
pan).
(339) Heading 9902.12.01 (relating to boxing and mixed
martial arts gloves of plastic).
(340) Heading 9902.12.06 (relating to plastic non-skid base
rings for toilet brush caddies).
(341) Heading 9902.12.12 (relating to head straps and
quickclips for cameras).
(342) Heading 9902.12.16 (relating to frame mounts for
cameras).
(343) Heading 9902.12.17 (relating to large tube mounts for
cameras).
(344) Heading 9902.12.21 (relating to replacement camera
doors).
(345) Heading 9902.12.22 (relating to seatpost camera
mounts).
(346) Heading 9902.12.23 (relating to adhesive camera
mounts).
(347) Heading 9902.12.27 (relating to sets of assorted
plastic camera mounts).
(348) Heading 9902.12.35 (relating to life jackets for
pets).
(349) Heading 9902.12.53 (relating to plastic cases for
electronic games or accessories).
(350) Heading 9902.12.60 (relating to boxing and mixed
martial arts gloves of leather).
(351) Heading 9902.12.64 (relating to women's leather belts
valued at $7 or more).
(352) Heading 9902.12.66 (relating to woven bamboo
products).
(353) Heading 9902.12.67 (relating to woven wood products).
(354) Heading 9902.12.69 (relating to cashmere, not carded
or combed).
(355) Heading 9902.12.70 (relating to camel hair, not
carded or combed).
(356) Heading 9902.12.71 (relating to camel hair).
(357) Heading 9902.12.72 (relating to noils of camel hair).
(358) Heading 9902.12.73 (relating to cashmere, carded or
combed).
(359) Heading 9902.12.74 (relating to camel hair, carded or
combed).
(360) Heading 9902.12.75 (relating to yarn of carded
cashmere, with a yarn count of 19.35 metric or higher).
(361) Heading 9902.12.76 (relating to yarn of carded
cashmere, with a yarn count of less than 19.35 metric).
(362) Heading 9902.12.77 (relating to yarn of carded camel
hair).
(363) Heading 9902.12.78 (relating to yarn of combed
cashmere or yarn of camel hair).
(364) Heading 9902.12.79 (relating to woven fabric of
carded vicuna hair of a weight not exceeding 300 g/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).
(408) Heading 9902.13.96 (relating to women's protective
active shoes, covering the ankle).
(409) Heading 9902.13.97 (relating to women's protective
active footwear, valued over $26 per pair, covering the ankle).
(410) Heading 9902.14.05 (relating to footwear made on a
base or platform of wood).
(411) Heading 9902.14.19 (relating to men's & boys' golf
shoes with waterproof soles).
(412) Heading 9902.14.23 (relating to men's waterproof
leather footwear, valued at $29 per pair or higher).
(413) Heading 9902.14.34 (relating to ski boots and
snowboard boots).
(414) Heading 9902.14.37 (relating to men's boots for
fishing waders).
(415) Heading 9902.14.48 (relating to house slippers with
textile uppers).
(416) Heading 9902.14.56 (relating to removable footwear
neoprene cuffs).
(417) Heading 9902.14.63 (relating to hats containing less
than 23 percent or more of wool).
(418) Heading 9902.14.67 (relating to plastic plants for
aquariums/terrariums).
(419) Heading 9902.14.76 (relating to polished wired glass
in retangular sheets).
(420) Heading 9902.14.77 (relating to meniscus-shaped drawn
glass-ceramic discs).
(421) Heading 9902.14.79 (relating to transparent glass-
ceramic cookware).
(422) Heading 9902.14.85 (relating to chopped strands of
glass).
(423) Heading 9902.14.89 (relating to strips consisting of
silver and tin).
(424) Heading 9902.14.98 (relating to small metal wire
crates for dogs).
(425) Heading 9902.15.05 (relating to side press wringer
handles).
(426) Heading 9902.15.07 (relating to isosceles triangle
wire).
(427) Heading 9902.15.10 (relating to zinc punches).
(428) Heading 9902.15.12 (relating to gallium unwrought in
solid form).
(429) Heading 9902.15.15 (relating to gear driven one-
handed pruners).
(430) Heading 9902.15.17 (relating to swivel head grass
shears).
(431) Heading 9902.15.30 (relating to pet grooming
scissors).
(432) Heading 9902.15.34 (relating to manicure and pedicure
sets).
(433) Heading 9902.15.45 (relating to cast iron
crankcases).
(434) Heading 9902.15.46 (relating to cylinder heads used
solely or principally with marine compression ignition
engines).
(435) Heading 9902.15.47 (relating to pistons).
(436) Heading 9902.15.49 (relating to high pressure pumps).
(437) Heading 9902.15.55 (relating to exhaust fans for
permanent installation).
(438) Heading 9902.15.57 (relating to household range
hoods).
(439) Heading 9902.15.58 (relating to pre-assembled
pedestal fan column assemblies).
(440) Heading 9902.15.59 (relating to grilles for exhaust
fans).
(441) Heading 9902.15.66 (relating to pressure distillation
columns).
(442) Heading 9902.15.68 (relating to mobile sprinklers).
(443) Heading 9902.15.75 (relating to benchtop band saws).
(444) Heading 9902.15.76 (relating to certain stationary
band saws).
(445) Heading 9902.15.77 (relating to tilting arbor table
saws).
(446) Heading 9902.15.78 (relating to certain table saws
with 10 inch (25.4 cm) blade).
(447) Heading 9902.15.80 (relating to drill presses).
(448) Heading 9902.15.81 (relating to electrical rotary
drill, hammer and chiseling tools).
(449) Heading 9902.15.89 (relating to telescope mirror
segment support assemblies).
(450) Heading 9902.15.93 (relating to regulator valves).
(451) Heading 9902.15.97 (relating to used camshafts and
crankshafts for diesel engines).
(452) Heading 9902.15.99 (relating to crankshaft bearings).
(453) Heading 9902.16.03 (relating to flexplates for
engines).
(454) Heading 9902.16.11 (relating to motor assemblies for
air circulator electric fans).
(455) Heading 9902.16.12 (relating to motors for high
wattage fans).
(456) Heading 9902.16.13 (relating to alternating current
multiphase submersible pump motors with output between 3
kilowatts and 14.92 kilowatts).
(457) Heading 9902.16.14 (relating to alternating current
multiphase submersible pump motors with output between 149.2
kilowatts and 150 kilowatts).
(458) Heading 9902.16.15 (relating to alternating current
generators for exercise equipment).
(459) Heading 9902.16.26 (relating to electromechanical
knives).
(460) Heading 9902.16.28 (relating to automatic food
feeders for dogs and cats).
(461) Heading 9902.16.30 (relating to automatic fish
feeders).
(462) Heading 9902.16.39 (relating to alternators).
(463) Heading 9902.16.42 (relating to bulb heaters with or
without a fan).
(464) Heading 9902.16.49 (relating to microwave ovens with
53 to 55 liter capacity and integral range hood).
(465) Heading 9902.16.50 (relating to microwave ovens with
58 to 60 liter capacity and integral range hoods).
(466) Heading 9902.16.52 (relating to microwave ovens with
53 to 55 liter capacity, glass turntable plate, and integral
range hood).
(467) Heading 9902.16.53 (relating to microwave ovens with
56 to 58 liter capacity and integral range hood).
(468) Heading 9902.16.54 (relating to microwave ovens with
rectangular plate and integral range hood).
(469) Heading 9902.16.55 (relating to vertical waffle
makers).
(470) Heading 9902.16.56 (relating to multfunction grills).
(471) Heading 9902.16.57 (relating to electric sandwich
grillers).
(472) Heading 9902.16.64 (relating to front-loading coffee
makers).
(473) Heading 9902.16.66 (relating to built-in coffee
machines).
(474) Heading 9902.16.75 (relating to programmable slow
cookers with thermometer probe).
(475) Heading 9902.16.76 (relating to electric pressure
cookers rated more than 1000W but not more than 1200W, with a
capacity of not less than 5 liters).
(476) Heading 9902.16.77 (relating to electric rice
cookers).
(477) Heading 9902.16.78 (relating to electric pressure
cookers rated more than 1200W but not more than 1400W, with a
capacity of not less than 5 liters).
(478) Heading 9902.16.81 (relating to candle warmers).
(479) Heading 9902.16.90 (relating to chassis or shelving
containing backplane).
(480) Heading 9902.16.95 (relating to mirror segment
controller sensors).
(481) Heading 9902.17.03 (relating to used gear boxes for
certain vehicles).
(482) Heading 9902.17.07 (relating to stand-up bicycles,
having both wheels not exceeding 63.5cm in diameter).
(483) Heading 9902.17.08 (relating to elliptical cycles,
with wheels not exceeding 63.5 cm in diameter).
(484) Heading 9902.17.17 (relating to swim goggles).
(485) Heading 9902.17.19 (relating to LCD television panel
assemblies, with a video display measuring not over 58.42 cm).
(486) Heading 9902.17.20 (relating to LCD television panel
assemblies, with a video display measuring over 58.42 cm but
not over 78.74 cm).
(487) Heading 9902.17.21 (relating to LCD television panel
assemblies, with a video display measuring over 78.74 cm but
not over 81.28 cm).
(488) Heading 9902.17.22 (relating to LCD television panel
assemblies, with a video display measuring over 81.28 cm but
not over 99.06 cm).
(489) Heading 9902.17.23 (relating to LCD television panel
assemblies, with a video display measuring over 99.06 cm but
not over 101.6 cm).
(490) Heading 9902.17.28 (relating to bicycle
speedometers).
(491) Heading 9902.17.47 (relating to light emitting diode
(LED) hanging lamps with total internal reflection).
(492) Heading 9902.17.49 (relating to electric table or
desk light emitting diode (LED) task lamps with ball joints).
(493) Heading 9902.17.52 (relating to exterior emergency
lights).
(494) Heading 9902.17.53 (relating to wing illumination
lights).
(495) Heading 9902.17.54 (relating to lantern globes of
extruded borosilicate glass).
(496) Heading 9902.17.56 (relating to golf club driver
heads with a loft of 9.5 degrees).
(497) Heading 9902.17.64 (relating to golf club heads with
a loft greater than 56 degrees).
(498) Heading 9902.17.65 (relating to golf club putter
heads).
(499) Heading 9902.17.70 (relating to tennis rackets,
strung).
(500) Heading 9902.17.72 (relating to racquetball rackets).
(501) Heading 9902.17.73 (relating to squash rackets).
(502) Heading 9902.17.76 (relating to leather basketballs).
(503) Heading 9902.17.78 (relating to racquetballs).
(504) Heading 9902.17.84 (relating to speed bags and
related equipment).
(505) Heading 9902.17.86 (relating to certain bluetooth
enabled adjustable dumbbells).
(506) Heading 9902.17.92 (relating to boxing and mixed
martial arts protective equipment).
(507) Heading 9902.17.94 (relating to fishing reels valued
more than $2.70 but not more than $8.45, pre-spooled, with
rod).
(508) Heading 9902.17.95 (relating to hair-slides with
imitation pearls or stones).
(b) Modification to Article Descriptions.--
(1) Coconut water in paper cartons.--Heading 9902.01.15 is
amended--
(A) by amending the article description to read as
follows: ``Coconut water, not from concentrate, not
containing added sugar or other sweetening matter,
packaged for retail sale in paper-based cartons
(provided for in subheading 2009.89.70)''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(2) Flavored coconut water.--Heading 9902.01.16 is
amended--
(A) by amending the article description to read as
follows: ``Coconut water not from concentrate,
flavored, packaged for retail sale (provided for in
subheading 2009.89.70)''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(3) Hypophosphorous acid 50%.--Heading 9902.01.23 is
amended--
(A) by amending the article description to read as
follows: ``Hypophosphorous acid 50 percent (phosphinic
acid) (CAS No. 6303-21-5) (provided for in subheading
2811.19.61)''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(4) Potassium fluoroborate.--Heading 9902.01.47 is
amended--
(A) by amending the article description to read as
follows: ``Potassium fluoroborate (CAS No. 14075-53-7)
(provided for in subheading 2826.90.90)''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(5) Potassium fluorotitanate.--Heading 9902.01.48 is
amended--
(A) by amending the article description to read as
follows: ``Potassium fluorotitanate (Dipotassium
hexafluorotitanate(2-)) (CAS No. 16919-27-0) (provided
for in subheading 2826.90.90)''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(6) Potassium fluozirconate.--Heading 9902.01.49 is
amended--
(A) by amending the article description to read as
follows: ``Dipotassium; hexafluorozirconium(2-)
(potassium fluozirconate) (CAS No. 16923-95-8)
(provided for in subheading 2826.90.90)''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(7) Zirconium basic carbonate.--Heading 9902.01.61 is
amended--
(A) by amending the article description to read as
follows: ``Zirconium basic carbonate (zirconium(4+)
dicarbonate) (CAS No. 57219-64-4) (provided for in
subheading 2836.99.50)''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(8) o-Chlorotoluene.--Heading 9902.01.95 is amended--
(A) by amending the article description to read as
follows: ``2-Chlorotoluene (CAS No. 95-49-8) (provided
for in subheading 2903.99.80)''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(9) Leucoquinizarin.--Heading 9902.02.25 is amended--
(A) by amending the article description to read as
follows: ``Leucoquinizarin as 1,4,9,10-
tetrahydroxyanthracene (CAS No. 476-60-8), 2,3-dihydro-
9,10-dihydroxyanthracene-1,4-dione (CAS No. 17648-03-2)
or 2,3-dihydro-1,4-dihydroxy-9,10-anthracenedione (CAS
No. 40498-13-3) (provided for in subheading 2907.29.90
or 2914.69.90)''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(10) Anisaldehyde.--Heading 9902.02.49 is amended--
(A) by amending the article description to read as
follows: ``p-Anisaldehyde (4-methoxybenzaldehyde) (CAS
No. 123-11-5) (provided for in subheading
2912.49.10)''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(11) Methylionone.--Heading 9902.02.56 is amended--
(A) by amending the article description to read as
follows: ``(E)-1-(2,6,6-trimethylcyclohex-2-en-1-
yl)pent-1-en-3-one (Methylionone) (CAS No. 1335-46-2)
(provided for in subheading 2914.23.00)''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(12) Itaconic acid.--Heading 9902.02.95 is amended--
(A) by amending the article description to read as
follows: ``Itaconic acid (2-methylidenebutanedioic
acid) (CAS No. 97-65-4) (provided for in subheading
2917.19.70)''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(13) 4-Sulfo-1,8-naphthalic anhydride potassium salt.--
Heading 9902.02.97 is amended--
(A) by amending the article description to read as
follows: ``Potassium 1,3-dioxo-1H,3H-
benzo[de]isochromene-6-sulfonate (CAS No. 71501-16-1)
(provided for in subheading 2917.39.04)''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(14) NTCDA.--Heading 9902.03.01 is amended--
(A) by amending the article description to read as
follows: ``1,4,5,8-Naphthalenetetracarboxylic
dianhydride (NTCDA) (CAS No. 81-30-1) (provided for in
subheading 2917.39.70)''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(15) Stabilizer of foams.--Heading 9902.03.11 is amended--
(A) by amending the article description to read as
follows: ``Octyl 3-(3,5-ditert-butyl-4-
hydroxyphenyl)propanoate (CAS No. 125643-61-0)
(provided for in subheading 2918.29.65)''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(16) Hindered phenolic antioxidant.--Heading 9902.03.25 is
amended--
(A) by amending the article description to read as
follows: ``Triethylene glycol bis[3-(3-tert-butyl-4-
hydroxy-5-methyl-phenyl)propionate] (CAS No. 36443-68-
2) (provided for in subheading 2918.99.43)''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(17) D-HPPA.--Heading 9902.03.28 is amended--
(A) by amending the article description to read as
follows: ``(R)-(+)-2-(4-Hydroxyphenoxy)propionic acid
(CAS No. 94050-90-5) (provided for in subheading
2918.99.43)''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(18) Tetrachlorvinfos.--Heading 9902.03.35 is amended--
(A) by amending the article description to read as
follows: ``[(Z)-2-Chloro-1-(2,4,5-
trichlorophenyl)ethenyl] dimethyl phosphate
(Tetrachlorvinfos) (CAS No. 22248-79-9) (provided for
in subheading 2919.90.30)''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(19) Propargite.--Heading 9902.03.41 is amended--
(A) by amending the article description to read as
follows: ``2-[4-(2-Methyl-2-propanyl)phenoxy]cyclohexyl
2-propyn-1-yl sulfite (Propargite) (CAS No. 2312-35-8)
(provided for in subheading 2920.90.10)''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(20) 2-Chloro-4-toluidine (2-cat).--Heading 9902.03.69 is
amended--
(A) by amending the article description to read as
follows: ``3-Chloro-4-methylaniline (o-chloro-p-
toluidine) (CAS No. 95-74-9) (provided for in
subheading 2921.43.90)''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(21) m-Toluidine.--Heading 9902.03.70 is amended--
(A) by amending the article description to read as
follows: ``m-Toluidine (CAS No. 108-44-1) (provided for
in subheading 2921.43.90)''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(22) Flumetralin.--Heading 9902.03.77 is amended--
(A) by amending the article description to read as
follows: ``N-[(2-Chloro-6-fluorophenyl)methyl]-N-ethyl-
2,6-dinitro-4-(trifluoromethyl)aniline (Flumetralin)
(CAS No. 62924-70-3) (provided for in subheading
2921.49.45)''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(23) 4,4-Methylene bis o-chloro aniline.--Heading
9902.03.83 is amended--
(A) by amending the article description to read as
follows: ``4,4'-Methylenebis(2-chloroaniline) (CAS No.
101-14-4) (provided for in subheading 2921.59.08)'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(24) Phenol, 2,2'-[[(1s...]bis[6-(1,1-dimethylethyl).--
Heading 9902.03.86 is amended--
(A) by amending the article description to read as
follows: ``2,2'-[[(1S,2S)-1,2-Diphenyl-1,2-
ethanediyl]bis(iminomethylene)]bis[6-(1,1-
dimethylethyl)phenol] (CAS No. 481725-63-7) (provided
for in subheading 2921.59.40)''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(25) Tris[2-[[2,4,8,10-tetra-tert-butyldibe (ao 12).--
Heading 9902.03.89 is amended--
(A) by amending the article description to read as
follows: ``2-{[2,4,8,10-Tetrakis(2-methyl-2-
propanyl)diben- zo[d,f][1,3,2]dioxaphosphepin-6-
yl]oxy}-N,N-bis(2-{[2,4,8,10-tetra- kis(2-methyl-2-
propanyl)dibenzo[d,f][1,3,2]dioxaphos- phepin-6-
yl]oxy}ethyl)ethanamine (CAS No. 80410-33-9) (provided
for in subheading 2922.19.60)''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(26) L-Lysine hydrate.--Heading 9902.04.03 is amended--
(A) by amending the article description to read as
follows: ``L-Lysine hydrate (1:1) (CAS No. 39665-12-8)
(provided for in subheading 2922.41.00)''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(27) Non-genetically modified lecithin of rapeseed.--
Heading 9902.04.17 is amended--
(A) by amending the article description to read as
follows: ``Lecithin derived from non-genetically
modified rapeseed (CAS No. 8002-43-5) (provided for in
subheading 2923.20.20)''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(28) N,N,N',N'-tetrakis(2-hydroxyethyl)hexanediamide.--
Heading 9902.04.27 is amended--
(A) by amending the article description to read as
follows: ``N,N,N',N'-tetrakis(2-
hydroxyethyl)hexanediamide (CAS No. 6334-25-4)
(provided for in subheading 2924.19.80)''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(29) Metalaxyl.--Heading 9902.04.36 is amended--
(A) by amending the article description to read as
follows: ``Methyl 2-(N-(2-methoxyacetyl)-2,6-
dimethylanilino)propanoate (Metalaxyl) (CAS No. 57837-
19-1) (provided for in subheading 2924.29.47)''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(30) Carbaryl.--Heading 9902.04.39 is amended--
(A) by amending the article description to read as
follows: ``1-Naphthalenyl methylcarbamate (Carbaryl)
(CAS No. 63-25-2) (provided for in subheading
2924.29.47)''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(31) Mandipropamid.--Heading 9902.04.45 is amended--
(A) by amending the article description to read as
follows: ``2-(4-Chlorophenyl)-N-{2-[3-methoxy-4-(2-
propyn-1-yloxy)phe- nyl]ethyl}-2-(2-propyn-1-
yloxy)acetamide (Mandipropamid) (CAS No. 374726-62-2)
(provided for in subheading 2924.29.47)''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(32) Fenhexamid.--Heading 9902.04.46 is amended--
(A) by amending the article description to read as
follows: ``N-(2,3-Dichloro-4-hydroxyphenyl)-1-
methylcyclohexanecar- boxamide (Fenhexamid) (CAS No.
126833-17-8) (provided for in subheading 2924.29.47)'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(33) 2,5-Bis[(1,3-dioxobutyl)amino]benzenesulfonic acid.--
Heading 9902.04.51 is amended--
(A) by amending the article description to read as
follows: ``2,5-Bis(3-oxobutanoylamino)benzenesulfonic
acid (CAS No. 70185-87-4) (provided for in subheading
2924.29.71)''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(34) p-Aminobenzamide.--Heading 9902.04.55 is amended--
(A) by amending the article description to read as
follows: ``p-Aminobenzamide (4-Aminobenzamide) (CAS No.
2835-68-9) (provided for in subheading 2924.29.77)'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(35) Trans-n-boc acid.--Heading 9902.04.57 is amended--
(A) by amending the article description to read as
follows: ``Trans-4-{[(2-Methyl-2-
propanyl)oxy]carbonyl}cyclohex-anecarboxylic acid (CAS
No. 53292-89-0) (provided for in subheading
2924.29.95)''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(36) Flumiclorac pentyl ester.--Heading 9902.04.62 is
amended--
(A) by amending the article description to read as
follows: ``Pentyl [2-chloro-5-(1,3-dioxo-1,3,4,5,6,7-
hexahydro-2H- isoindol-2-yl)-4-fluorophenoxy]acetate
(Flumiclorac pentyl ester) (CAS No. 87546-18-7)
(provided for in subheading 2925.29.60)''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(37) Esfenvalerate.--Heading 9902.04.74 is amended--
(A) by amending the article description to read as
follows: ``(S)-Cyano(3-phenoxyphenyl)methyl(S)-4-
chloro-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 (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-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
(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--
(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-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
(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--
(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--
(A) by amending the article description to read as
follows: ``Acrylic filament tow (polyacrylonitrile tow)
containing by weight 92 percent or more of
polyacrylonitrile, not more than 0.01 percent of zinc
and 2 percent or more but not over 8 percent of water,
dyed, presented in the form of bundles of crimped
product each containing 214,000 filaments (plus or
minus 10 percent) with an average decitex of 3.3 (plus
or minus 10 percent) and length greater than 2 meters
(provided for in subheading 5501.30.00)''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(220) Acrylic staple fibers not processed for spinning.--
Heading 9902.13.20 is amended--
(A) by amending the article description to read as
follows: ``Acrylic staple fibers (polyacrylonitrile
staple), not dyed and not carded, combed or otherwise
processed for spinning, containing by weight 92 percent
or more of polyacrylonitrile, not more than 0.01
percent of zinc and 2 percent or more but not over 8
percent of water, with a decitex of 5 to 5.6, with a
fiber shrinkage of 0 to 22 percent and with a cut fiber
length of 80 mm to 150 mm (provided for in subheading
5503.30.00)''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(221) Modified acrylic flame retardant staple fiber with a
decitex of 2.7.--Heading 9902.13.21 is amended--
(A) by amending the article description to read as
follows: ``Modacrylic staple fibers, not carded, combed
or otherwise processed for spinning, containing over 35
percent and less than 85 percent by weight of
acrylonitrile, 2.7 decitex (plus or minus 2 percent),
natural in color, with fiber length between 38 mm and
120 mm (provided for in subheading 5503.30.00)''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(222) Acrylic fiber staple, dyed.--Heading 9902.13.23 is
amended--
(A) by amending the article description to read as
follows: ``Acrylic staple fiber (polyacrylonitrile
staple), dyed, not carded, combed or otherwise
processed for spinning, the foregoing containing by
weight 92 percent or more of polyacrylonitrile, not
more than 0.01 percent of zinc and 2 percent or more
but not over 8 percent of water, with a decitex of 3.3
to 5.6, a fiber shrinkage from 0 to 22 percent
(provided for in subheading 5503.30.00)''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(223) Flame retardant rayon fibers, 4.7 decitex.--Heading
9902.13.29 is amended--
(A) by amending the article description to read as
follows: ``Artificial staple fibers of viscose rayon,
not carded, combed or otherwise processed for spinning,
each containing 28 percent or more but not over 33
percent by weight of silica, measuring 4.7 decitex and
60 mm in length (provided for in subheading
5504.10.00)''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(224) Acrylic staple fibers processed and with a decitex
of 2.75 to 3.3.--Heading 9902.13.36 is amended--
(A) by amending the article description to read as
follows: ``Acrylic staple fibers, carded, combed or
otherwise processed for spinning, containing by weight
92 percent or more of polyacrylonitrile, not more than
0.01 percent of zinc and 2 percent or more but not over
8 percent of water, dyed or raw white (undyed), with an
average decitex of 2.75 to 3.30 (plus or minus 10
percent) (provided for in subheading 5506.30.00)''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(225) Acrylic staple fibers processed and with a decitex
of 5.0 to 5.6.--Heading 9902.13.38 is amended--
(A) by amending the article description to read as
follows: ``Acrylic staple fibers, carded, combed or
otherwise processed for spinning, containing by weight
92 percent or more of polyacrylonitrile, not more than
0.01 percent of zinc and 2 percent or more but not over
8 percent of water, dyed, with an average decitex of
5.0 to 5.6 (provided for in subheading 5506.30.00)'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(226) Neoprene wading socks.--Heading 9902.13.51 is
amended--
(A) by amending the article description to read as
follows: ``Socks with uppers comprising neoprene
measuring 2.5 mm in thickness and covered on both sides
with jersey knitted fabric of nylon; such socks with
underfoots of breathable neoprene measuring 2.5 to 3 mm
in thickness and covered on both sides with a jersey
knitted fabric of nylon; the foregoing each formed
anatomically so as to be designed for the wearer's left
or right foot (provided for in subheading
6115.96.90)''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(227) Training gloves.--Heading 9902.13.53 is amended--
(A) by amending the article description to read as
follows: ``Training gloves of vulcanized rubber other
than of hard rubber (provided for in subheading
4015.19.50) or of synthetic textile materials (provided
for in subheading 6116.93.08), such gloves of textile
materials knitted or crocheted''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(228) Brake segments.--Heading 9902.13.82 is amended--
(A) by amending the article description to read as
follows: ``Nonwoven radial segment and chordal
orientation brake segments of oxidized
polyacrylonitrile fibers, made up and presented as cut
otherwise than into squares or rectangles, such
segments formed by needling web and unidirectional tow
fabrics together, the foregoing designed for use in
aircraft braking systems (provided for in subheading
6307.90.98)''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(229) Sports and athletic footwear for women.--Heading
9902.14.32 is amended--
(A) by amending the article description to read as
follows: ``Women's sports footwear; tennis shoes,
basketball shoes, gym shoes, training shoes and the
like, with outer soles of rubber or plastics and uppers
of textile materials, such uppers of which over 50
percent of the external surface area (including any
leather accessories or reinforcements such as those
mentioned in note 4(a) to chapter 64) is leather
(provided for in subheading 6404.11.20)''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(230) Men's boots for fishing waders with felt outsoles.--
Heading 9902.14.53 is amended--
(A) by amending the article description to read as
follows: ``Footwear for men, with vulcanized uppers of
neoprene measuring 7 mm in thickness, covered with a
polyester knit fleece on the interior and coated with
rubber on the exterior; such footwear measuring (from
the base of the inner sole to the top of the upper)
20.32 cm or more but not over 25.4 cm in height, with
felt outsoles; the foregoing waterproof, valued at $40/
pr or higher and with each boot having a slit in the
top of upper collar to allow boot to be affixed to a
fishing wader (provided for in subheading
6405.20.90)''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(231) Catalytic converter needled blanket mats with a
thickness of 10 mm or more and not over 3 percent of binder.--
Heading 9902.14.70 is amended--
(A) by amending the article description to read as
follows: ``Catalytic converter needled blanket mats of
ceramic fibers, containing over 65 percent by weight of
aluminum oxide and not over 3 percent of acrylic latex
organic binder, of a basis weight greater than or equal
to 1745 g/m\2\, measuring 10.0 mm or more in thickness;
the foregoing presented in bulk, sheets or rolls,
designed for use in motor vehicles of heading 8703
(provided for in subheading 6806.10.00)''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(232) Catalytic converter blanket mats with a thickness
between 5 mm and 9.9 mm and not over 3 percent of binder.--
Heading 9902.14.71 is amended--
(A) by amending the article description to read as
follows: ``Catalytic converter needled blanket mats of
ceramic fibers, containing over 65 percent by weight of
aluminum oxide and not over 3 percent by weight of
acrylic latex organic binder, of a basis weight less
than 1745 g/m\2\, measuring 5 mm or more but not over
9.9 mm in thickness; presented in bulk, sheets or
rolls, designed for use in motor vehicles of heading
8703 (provided for in subheading 6806.10.00)''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(233) Catalytic converter needled blanket mats with a
thickness between 5 mm and 9.9 mm and between 3 and 7 percent
of binder.--Heading 9902.14.72 is amended--
(A) by amending the article description to read as
follows: ``Catalytic converter needled blanket mats of
ceramic fibers containing over 65 percent by weight of
aluminum oxide, containing an acrylic latex organic
binder of greater than 3 percent and less than 7
percent by weight, of a basis weight less than 1745 g/
m\2\, measuring at least 5 mm or no more than 9.9 mm in
thickness, in bulk, sheets or rolls, designed for motor
vehicles of heading 8703 (provided for in subheading
6806.10.00)''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(234) Catalytic converter needled blanket mats with a
thickness of 10 mm or more and between 3 and 7 percent
binder.--Heading 9902.14.73 is amended--
(A) by amending the article description to read as
follows: ``Catalytic converter needled blanket mats of
ceramic fibers, containing over 65 percent by weight of
aluminum oxide and 3 percent or more but less than 7
percent by weight of acrylic latex organic binder,
measuring 10.0 mm or more in thickness, of a basis
weight greater than or equal to 1745 g/m\2\; presented
in bulk, sheets or rolls, designed for use in motor
vehicles of heading 8703 (provided for in subheading
6806.10.00)''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(235) Certain silver wire.--Heading 9902.14.88 is
amended--
(A) by amending the article description to read as
follows: ``Silver wire, containing 90 percent or more
by weight of silver, but not more than 93 percent by
weight of silver, and containing 6 percent or more by
weight of tin oxide, but not more than 9 percent by
weight of tin oxide (provided for in subheading
7106.92.50)''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(236) Metal gauzes.--Heading 9902.14.90 is amended--
(A) by amending the article description to read as
follows: ``Gauzes containing platinum, palladium and
rhodium (provided for in subheading 7115.10.00)''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(237) Strips consisting of silver and copper and zinc.--
Heading 9902.14.91 is amended--
(A) by amending the article description to read as
follows: ``Clad strips of silver, further worked than
semimanufactured, each containing 54 percent or more
but not over 56 percent by weight of silver; having
three layers with one layer containing 87 percent or
more but not over 89 percent by weight of silver and
1.1 percent or more but not over 3 percent of tin, a
second layer containing 99.9 percent or more by weight
of silver, and a third layer containing 14.5 percent or
more but not over 15.5 percent by weight of silver, 79
percent or more but not over 81 percent of copper and
4.8 percent or more but not over 5.2 percent of
phosphorus; measuring 15.65 mm in width and 0.95 mm in
thickness, presented in coils (provided for in
subheading 7115.90.40)''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(238) Germanium unwrought in ingot form.--Heading
9902.15.13 is amended--
(A) by amending the article description to read as
follows: ``Ingots of germanium, unwrought, each
weighing 0.5 kg or more but less than 2 kg (provided
for in subheading 8112.92.60)''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(239) Tweezers.--Heading 9902.15.18 is amended--
(A) by amending the article description to read as
follows: ``Tweezers (provided for in subheading
8203.20.20)''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(240) Nail clippers, nail nippers and nail files.--Heading
9902.15.33 is amended--
(A) by amending the article description to read as
follows: ``Nail nippers and clippers and nail files,
the foregoing other than nail nippers and clippers with
one or both blades having rounded edged cut-outs and
designed for use in cutting nails of dogs, cats or
other small pets (including birds, rabbits, ferrets,
hamsters, guinea pigs or gerbils) (provided for in
subheading 8214.20.30)''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(241) Portable air conditioner.--Heading 9902.15.63 is
amended--
(A) by amending the article description to read as
follows: ``Air conditioning machines, each
incorporating a refrigerating unit, mounted on wheels
or castors, rated at less than 3.52 kW per hour
(provided for in subheading 8415.82.01)''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(242) Electric cylindrical coffee grinders.--Heading
9902.16.25 is amended--
(A) by amending the article description to read as
follows: ``Electromechanical domestic cylindrical
coffee grinders, each operated by pushing the plastic
cover into the base, the foregoing having a removable
stainless steel bowl with a capacity of more than 0.1
liter and not exceeding 0.2 liter (provided for in
subheading 8509.40.00)''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(243) Handheld electric can openers.--Heading 9902.16.32
is amended--
(A) by amending the article description to read as
follows: ``Hand-held battery-operated automatic can
openers, each with self-contained electric motor, such
can openers weighing not over 20 kg exclusive of extra
interchangeable parts or detachable auxiliary devices
(provided for in subheading 8509.80.50)''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(244) Food beaters designed to attach to handheld
mixers.--Heading 9902.16.33 is amended--
(A) by amending the article description to read as
follows: ``Stainless steel food beaters, designed for
use solely on electromechanical hand-held food mixers
suitable for domestic purposes (provided for in
subheading 8509.90.55)''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(245) Lamp-holder housings of porcelain.--Heading
9902.16.89 is amended--
(A) by amending the article description to read as
follows: ``Lamp-holder housings of porcelain,
containing sockets (provided for in subheading
8536.61.00)''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(246) Cathode-ray tubes.--Heading 9902.16.94 is amended--
(A) by amending the article description to read as
follows: ``Cathode-ray data/graphic display tubes,
color, with a phosphor dot screen pitch smaller than
0.4 mm and with less than 90-degree deflection
(provided for in subheading 8540.40.10)''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(247) Zee cages.--Heading 9902.17.11 is amended--
(A) by amending the article description to read as
follows: ````Z''-shaped water bottle holders (cages) of
alloy or composite material, designed for use on
bicycles (provided for in subheading 8714.99.80)''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(248) Optical attenuators.--Heading 9902.17.27 is
amended--
(A) by amending the article description to read as
follows: ``Optical attenuators designed to reduce the
power level of an optical signal, either in free space
or in an optical fiber, such instruments or apparatus
specifically designed for telecommunications (provided
for in subheading 9013.80.90)''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(249) Ski bindings, valued not more than $55 each.--
Heading 9902.17.55 is amended--
(A) by amending the article description to read as
follows: ``Ski bindings (other than for cross-country
skis), valued not over $55 each (provided for in
subheading 9506.12.80)''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(c) Modification to Duty Rates.--
(1) Artichokes, in vinegar.--Heading 9902.01.04 is
amended--
(A) by striking ``7.2%'' and inserting ``Free'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(2) Artichokes, other than in vinegar.--Heading 9902.01.10
is amended--
(A) by striking ``12.7%'' and inserting ``12%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(3) Nicotine gum.--Heading 9902.01.13 is amended--
(A) by striking ``5.8%'' and inserting ``5.7%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(4) Isohexadecane.--Heading 9902.01.19 is amended--
(A) by striking ``Free'' and inserting ``1%''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(5) Sodium.--Heading 9902.01.20 is amended--
(A) by striking ``2.5%'' and inserting ``Free'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(6) Sodium containing not more than 200 ppm of calcium.--
Heading 9902.01.21 is amended--
(A) by striking ``0.7%'' and inserting ``3.6%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(7) Hydrazine 64%.--Heading 9902.01.38 is amended--
(A) by striking ``Free'' and inserting ``0.1%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(8) Germanium dioxide (geo2).--Heading 9902.01.39 is
amended--
(A) by striking ``Free'' and inserting ``1%''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(9) Sodium tungstate dihydrate.--Heading 9902.01.67 is
amended--
(A) by striking ``Free'' and inserting ``2.1%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(10) Monochlorobenzene.--Heading 9902.01.85 is amended--
(A) by striking ``3.9%'' and inserting ``3.8%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(11) p-Dichlorobenzene.--Heading 9902.01.87 is amended--
(A) by striking ``2.7%'' and inserting ``4.4%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(12) p-Chlorobenzotrifluoride.--Heading 9902.01.88 is
amended--
(A) by striking ``4.3%'' and inserting ``4.7%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(13) Methanesulfonic acid.--Heading 9902.02.02 is
amended--
(A) by striking ``0.8%'' and inserting ``0.7%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(14) Leaf alcohol.--Heading 9902.02.14 is amended--
(A) by striking ``Free'' and inserting ``1%''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(15) Resorcinol.--Heading 9902.02.23 is amended--
(A) by striking ``Free'' and inserting ``4.7%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(16) Oxyfluorfen.--Heading 9902.02.35 is amended--
(A) by striking ``0.8%'' and inserting ``3.5%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(17) Glyoxal.--Heading 9902.02.45 is amended--
(A) by striking ``0.2%'' and inserting ``Free'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(18) 4-Propyl benzaldehyde (npbal).--Heading 9902.02.46 is
amended--
(A) by striking ``2.8%'' and inserting ``4.2%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(19) 4-(1,1-Dimethylethyl)-alpha-m(lysmeral extra).--
Heading 9902.02.48 is amended--
(A) by striking ``Free'' and inserting ``2.3%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(20) Diethyl ketone.--Heading 9902.02.54 is amended--
(A) by striking ``0.2%'' and inserting ``1.7%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(21) Cyclopentanone.--Heading 9902.02.59 is amended--
(A) by striking ``1.7%'' and inserting ``Free'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(22) Hydroxylmethylpentanone.--Heading 9902.02.63 is
amended--
(A) by striking ``1%'' and inserting ``2.8%''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(23) ETFBO.--Heading 9902.02.71 is amended--
(A) by striking ``Free'' and inserting ``1.7%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(24) Sorbic acid.--Heading 9902.02.83 is amended--
(A) by striking ``2.6%'' and inserting ``2.5%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(25) Benzoyl chloride.--Heading 9902.02.87 is amended--
(A) by striking ``2%'' and inserting ``2.9%''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(26) Sebacic acid.--Heading 9902.02.93 is amended--
(A) by striking ``2%'' and inserting ``2.9%''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(27) Dimethyl malonate or dmm.--Heading 9902.02.94 is
amended--
(A) by striking ``Free'' and inserting ``1.6%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(28) Pyromellitic dianhydride.--Heading 9902.03.02 is
amended--
(A) by striking ``Free'' and inserting ``4.3%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(29) o-Acetylsalicylic acid (aspirin).--Heading 9902.03.07
is amended--
(A) by striking ``1.9%'' and inserting ``2.2%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(30) Methyl sal.--Heading 9902.03.08 is amended--
(A) by striking ``2.3%'' and inserting ``3.4%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(31) pHBA.--Heading 9902.03.09 is amended--
(A) by striking ``2%'' and inserting ``3.4%''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(32) Plastic additive.--Heading 9902.03.14 is amended--
(A) by striking ``Free'' and inserting ``3%''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(33) MCPA.--Heading 9902.03.23 is amended--
(A) by striking ``2.5%'' and inserting ``4.2%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(34) Dimethyl carbonate.--Heading 9902.03.46 is amended--
(A) by striking ``Free'' and inserting ``1.2%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(35) Perfluorocarbons for performance fluid.--Heading
9902.03.50 is amended--
(A) by striking ``Free'' and inserting ``0.7%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(36) 3,5-Difluoroaniline.--Heading 9902.03.57 is amended--
(A) by striking ``Free'' and inserting ``1.5%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(37) Trifluralin.--Heading 9902.03.65 is amended--
(A) by striking ``4%'' and inserting ``1.2%''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(38) Ethalfluralin.--Heading 9902.03.66 is amended--
(A) by striking ``Free'' and inserting ``1.3%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(39) o-Toluidine.--Heading 9902.03.71 is amended--
(A) by striking ``5.5%'' and inserting ``5.8%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(40) mPDA.--Heading 9902.03.80 is amended--
(A) by striking ``Free'' and inserting ``5.4%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(41) 4-ADPA (4-aminodiphenylamine).--Heading 9902.03.82 is
amended--
(A) by striking ``4.6%'' and inserting ``5.3%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(42) 4,4'-Diaminostilbene-2,2'-disulfonic acid.--Heading
9902.03.84 is amended--
(A) by striking ``1.5%'' and inserting ``4.3%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(43) Prodiamine.--Heading 9902.03.87 is amended--
(A) by striking ``1.6%'' and inserting ``4.1%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(44) p-Cresidine sulfonic acid.--Heading 9902.03.98 is
amended--
(A) by striking ``Free'' and inserting ``4%''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(45) Choline hydroxide.--Heading 9902.04.16 is amended--
(A) by striking ``Free'' and inserting ``0.6%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(46) Diuron.--Heading 9902.04.30 is amended--
(A) by striking ``0.4%'' and inserting ``3.8%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(47) Metolachlor.--Heading 9902.04.35 is amended--
(A) by striking ``Free'' and inserting ``5.3%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(48) Flutolanil.--Heading 9902.04.40 is amended--
(A) by striking ``1.5%'' and inserting ``1.4%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(49) Mefenoxam.--Heading 9902.04.42 is amended--
(A) by striking ``4.2%'' and inserting ``5.5%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(50) Flufenacet-alcohol.--Heading 9902.04.48 is amended--
(A) by striking ``3.9%'' and inserting ``3.7%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(51) 2-(Trifluoromethyl)benzamide.--Heading 9902.04.49 is
amended--
(A) by striking ``4.2%'' and inserting ``Free'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(52) Methyl-4-trifluoromethoxyphenyl-n-(chl.) carbamate.--
Heading 9902.04.52 is amended--
(A) by striking ``2%'' and inserting ``2.5%''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(53) Guanidinoacetic acid.--Heading 9902.04.64 is
amended--
(A) by striking ``Free'' and inserting ``1.6%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(54) Chlorothalonil.--Heading 9902.04.65 is amended--
(A) by striking ``5%'' and inserting ``5.6%''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(55) Bromoxynil octanoate.--Heading 9902.04.67 is
amended--
(A) by striking ``Free'' and inserting ``3.4%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(56) Bifenazate technical.--Heading 9902.04.85 is
amended--
(A) by striking ``Free'' and inserting ``3.7%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(57) Mesotrione.--Heading 9902.05.03 is amended--
(A) by striking ``6.2%'' and inserting ``6.1%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(58) 2-(Methylthio)-4-(trifluoromethyl)benzoic acid.--
Heading 9902.05.08 is amended--
(A) by striking ``Free'' and inserting ``5.4%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(59) Acephate.--Heading 9902.05.16 is amended--
(A) by striking ``3.2%'' and inserting ``Free'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(60) Methomyl.--Heading 9902.05.18 is amended--
(A) by striking ``5%'' and inserting ``Free''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(61) Allyl isothiocyanate.--Heading 9902.05.26 is
amended--
(A) by striking ``Free'' and inserting ``1.0''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(62) PMIDA.--Heading 9902.05.29 is amended--
(A) by striking ``2.5%'' and inserting ``2.9%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(63) Triphenyltin hydroxide.--Heading 9902.05.32 is
amended--
(A) by striking ``Free'' and inserting ``3.2%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(64) PBA solid (phenyl boronic acid).--Heading 9902.05.34
is amended--
(A) by striking ``4.6%'' and inserting ``1.9%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(65) Sedaxane.--Heading 9902.05.68 is amended--
(A) by striking ``Free'' and inserting ``6.2%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(66) Technical fluazinam fungicide.--Heading 9902.05.83 is
amended--
(A) by striking ``Free'' and inserting ``3.5%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(67) Imazethapyr.--Heading 9902.05.86 is amended--
(A) by striking ``2.2%'' and inserting ``4.3%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(68) Fluridone.--Heading 9902.05.87 is amended--
(A) by striking ``Free'' and inserting ``0.1%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(69) Bicyclopyrone.--Heading 9902.05.88 is amended--
(A) by striking ``4%'' and inserting ``2.5%''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(70) Clopyralid technical.--Heading 9902.05.89 is
amended--
(A) by striking ``1.4%'' and inserting ``3.2%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(71) Aminopyralid technical.--Heading 9902.05.92 is
amended--
(A) by striking ``4.1%'' and inserting ``3.5%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(72) Fluroxypyr technical.--Heading 9902.05.94 is
amended--
(A) by striking ``1.6%'' and inserting ``4.6%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(73) 2,3-Dichloro-5-(trifluoromethyl)pyridine.--Heading
9902.06.07 is amended--
(A) by striking ``2.5%'' and inserting ``5.3%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(74) 2,3-Pyridinedicarboxylic acid.--Heading 9902.06.13 is
amended--
(A) by striking ``Free'' and inserting ``2.9%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(75) Food and feed preservative.--Heading 9902.06.22 is
amended--
(A) by striking ``1.2%'' and inserting ``2.1%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(76) Cloquintocet-mexyl.--Heading 9902.06.24 is amended--
(A) by striking ``4.2%'' and inserting ``Free'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(77) Cyprodinil technical.--Heading 9902.06.31 is
amended--
(A) by striking ``Free'' and inserting ``3.2%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(78) Aminocyclopyrachlor.--Heading 9902.06.37 is amended--
(A) by striking ``Free'' and inserting ``3.8%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(79) DMDS.--Heading 9902.06.45 is amended--
(A) by striking ``1%'' and inserting ``Free''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(80) Metribuzin.--Heading 9902.06.51 is amended--
(A) by striking ``1.9%'' and inserting ``3.2%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(81) Atrazine.--Heading 9902.06.54 is amended--
(A) by striking ``Free'' and inserting ``2.7%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(82) 1,2,4-Triazole.--Heading 9902.06.97 is amended--
(A) by striking ``2.8%'' and inserting ``5.1%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(83) Oxadiazon.--Heading 9902.07.13 is amended--
(A) by striking ``1.3%'' and inserting ``3.7%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(84) Fludioxonil technical.--Heading 9902.07.15 is
amended--
(A) by striking ``5%'' and inserting ``4.7%''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(85) Thidiazuron.--Heading 9902.07.24 is amended--
(A) by striking ``Free'' and inserting ``4.8%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(86) Flupyradifurone.--Heading 9902.07.32 is amended--
(A) by striking ``Free'' and inserting ``0.1%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(87) Penthiopyrad.--Heading 9902.07.47 is amended--
(A) by striking ``Free'' and inserting ``4.1%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(88) Cyprosulfamide.--Heading 9902.07.56 is amended--
(A) by striking ``5%'' and inserting ``1.6%''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(89) Sulfentrazone.--Heading 9902.07.60 is amended--
(A) by striking ``5.4%'' and inserting ``6%''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(90) Cold pressed orange oil.--Heading 9902.08.99 is
amended--
(A) by striking ``Free'' and inserting ``1%''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(91) Instant print film.--Heading 9902.09.16 is amended--
(A) by striking ``3.1%'' and inserting ``3.2%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(92) Flupyradifurone formulations.--Heading 9902.09.20 is
amended--
(A) by striking ``4.2%'' and inserting ``Free'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(93) Spiromesifen formulations.--Heading 9902.09.23 is
amended--
(A) by striking ``1.0%'' and inserting ``Free'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(94) Flonicamid.--Heading 9902.09.29 is amended--
(A) by striking ``Free'' and inserting ``4.9%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(95) Abamectin.--Heading 9902.09.34 is amended--
(A) by striking ``Free'' and inserting ``2.3%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(96) Acephate formulations.--Heading 9902.09.35 is
amended--
(A) by striking ``1.8%'' and inserting ``3.1%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(97) Quinoxyfen fungicide.--Heading 9902.09.66 is
amended--
(A) by striking ``1.6%'' and inserting ``1.8%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(98) Copper hydroxide and copper oxychloride.--Heading
9902.09.76 is amended--
(A) by striking ``Free'' and inserting ``0.4%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(99) 1,1'-Dimethyl-4,4'-bipyridinium dichloride.--Heading
9902.09.94 is amended--
(A) by striking ``4.6%'' and inserting ``5.8%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(100) Formulated pyrithiobac-sodium.--Heading 9902.10.07
is amended--
(A) by striking ``1.0%'' and inserting ``Free'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(101) Herbicide mixture.--Heading 9902.10.15 is amended--
(A) by striking ``Free'' and inserting ``1.7%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(102) Plasticizer.--Heading 9902.10.30 is amended--
(A) by striking ``3.2%'' and inserting ``3.9%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(103) Palm fatty acid distillate (``pfad'').--Heading
9902.10.44 is amended--
(A) by striking ``1.4%'' and inserting ``0.9%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(104) Iminodisuccinate.--Heading 9902.10.55 is amended--
(A) by striking ``Free'' and inserting ``1%''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(105) Vinylacetate-vinylchloride copolymer.--Heading
9902.10.75 is amended--
(A) by striking ``Free'' and inserting ``0.9%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(106) Compounds used in lubricants.--Heading 9902.10.88 is
amended--
(A) by striking ``2.4%'' and inserting ``2.1%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(107) Polyvinyl acetate for food use.--Heading 9902.10.98
is amended--
(A) by striking ``Free'' and inserting ``1.2%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(108) Mixtures for use in paper coatings.--Heading
9902.11.14 is amended--
(A) by striking ``0.3%'' and inserting ``Free'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(109) Hindered amine light stabilizer.--Heading 9902.11.21
is amended--
(A) by striking ``Free'' and inserting ``0.3%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(110) Hydrogenated polymers of norbornene derivatives.--
Heading 9902.11.43 is amended--
(A) by striking ``Free'' and inserting ``1.5%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(111) Modified ethylene-norbornene copolymer.--Heading
9902.11.54 is amended--
(A) by striking ``Free'' and inserting ``0.6%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(112) Industrial nitrocellulose (damped alcohol content of
28-32%).--Heading 9902.11.57 is amended--
(A) by striking ``Free'' and inserting ``2%''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(113) Sodium alginate.--Heading 9902.11.59 is amended--
(A) by striking ``Free'' and inserting ``2.3%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(114) Acrylic films.--Heading 9902.11.85 is amended--
(A) by striking ``Free'' and inserting ``0.6%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(115) Plastic ornamentation for aquariums.--Heading
9902.11.99 is amended--
(A) by striking ``0.5%'' and inserting ``Free'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(116) Quick clamps.--Heading 9902.12.08 is amended--
(A) by striking ``0.2%'' and inserting ``1.5%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(117) High-quality bull hides.--Heading 9902.12.34 is
amended--
(A) by striking ``Free'' and inserting ``0.2%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(118) Batting gloves of leather.--Heading 9902.12.58 is
amended--
(A) by striking ``Free'' and inserting ``0.1%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(119) Leather gloves with fourchettes.--Heading 9902.12.61
is amended--
(A) by striking ``9.2%'' and inserting ``7.6%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(120) Leather gloves without fourchettes.--Heading
9902.12.62 is amended--
(A) by striking ``13.4%'' and inserting ``13.1%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(121) Acrylic staple fibers with a fiber length between 40
and 47.5 mm and a solar reflectance index greater than 30.--
Heading 9902.13.15 is amended--
(A) by striking ``Free'' and inserting ``0.5%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(122) Rayon staple fibers for use in goods of heading
9619.--Heading 9902.13.28 is amended--
(A) by striking ``1.7%'' and inserting ``2.6%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(123) Mechanics' work gloves with fourchettes.--Heading
9902.13.71 is amended--
(A) by striking ``9.8%'' and inserting ``7%''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(124) Sleeping bag shells.--Heading 9902.13.80 is
amended--
(A) by striking ``Free'' and inserting ``0.2%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(125) Work footwear for women.--Heading 9902.14.07 is
amended--
(A) by striking ``2.5%'' and inserting ``Free'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(126) Work footwear for men.--Heading 9902.14.08 is
amended--
(A) by striking ``3.6%'' and inserting ``1.3%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(127) Men's and boys' house slippers with leather
uppers.--Heading 9902.14.22 is amended--
(A) by striking ``5.7%'' and inserting ``5%''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(128) Women's house slippers with leather uppers.--Heading
9902.14.28 is amended--
(A) by striking ``7.9 %'' and inserting ``4.4%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(129) Women's footwear with textile uppers, open toes or
heels, valued $10-$14.99 per pair.--Heading 9902.14.43 is
amended--
(A) by striking ``Free'' and inserting ``12.2%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(130) Men's footwear, covering the ankle but not the knee,
valued over $24 per pair.--Heading 9902.14.49 is amended--
(A) by striking ``8.1%'' and inserting ``Free'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(131) Opaque glass-ceramic cookware.--Heading 9902.14.80
is amended--
(A) by striking ``7.1%'' and inserting ``Free'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(132) Liquid-filled glass bulbs.--Heading 9902.14.87 is
amended--
(A) by striking ``1.8%'' and inserting ``1%''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(133) Screw anchors.--Heading 9902.14.94 is amended--
(A) by striking ``Free'' and inserting ``3.5%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(134) Stainless steel handles for cookware.--Heading
9902.14.96 is amended--
(A) by striking ``1.5%'' and inserting ``Free'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(135) Large metal wire crates for dogs.--Heading
9902.14.99 is amended--
(A) by striking ``1.4%'' and inserting ``2%''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(136) Metal wire cages for pets other than dogs.--Heading
9902.15.01 is amended--
(A) by striking ``Free'' and inserting ``1.7%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(137) Used compression-ignition internal combustion
engines.--Heading 9902.15.41 is amended--
(A) by striking ``1.5%'' and inserting ``1.7%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(138) Connecting rods.--Heading 9902.15.44 is amended--
(A) by striking ``0.4%'' and inserting ``Free'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(139) Used fuel pumps.--Heading 9902.15.50 is amended--
(A) by striking ``0.6%'' and inserting ``1.2%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(140) Exhaust fans for permanent installation.--Heading
9902.15.54 is amended--
(A) by striking ``4.1%'' and inserting ``2%''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(141) Self-contained portable air conditioner.--Heading
9902.15.64 is amended--
(A) by striking ``1.8%'' and inserting ``Free'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(142) Table saws.--Heading 9902.15.74 is amended--
(A) by striking ``1.2%'' and inserting ``1.7%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(143) Vehicle stability control actuator assemblies.--
Heading 9902.15.85 is amended--
(A) by striking ``2.3%'' and inserting ``1.5%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(144) Valve-type fuel injectors.--Heading 9902.15.91 is
amended--
(A) by striking ``0.5%'' and inserting ``1.1%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(145) New crankshafts.--Heading 9902.15.96 is amended--
(A) by striking ``0.6%'' and inserting ``Free'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(146) Power back door actuator assemblies.--Heading
9902.16.06 is amended--
(A) by striking ``1.7%'' and inserting ``Free'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(147) Direct current pump motors.--Heading 9902.16.07 is
amended--
(A) by striking ``2.8%'' and inserting ``Free'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(148) Motors for low wattage fans.--Heading 9902.16.10 is
amended--
(A) by striking ``0.3%'' and inserting ``1.6%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(149) Used starters.--Heading 9902.16.38 is amended--
(A) by striking ``0.4%'' and inserting ``Free'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(150) Used alternators.--Heading 9902.16.40 is amended--
(A) by striking ``1.6%'' and inserting ``Free'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(151) Electric steam irons.--Heading 9902.16.46 is
amended--
(A) by striking ``1.0%'' and inserting ``Free'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(152) Microwave hoods with a plastic handle.--Heading
9902.16.47 is amended--
(A) by striking ``0.5%'' and inserting ``0.7%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(153) Microwave hoods with a metal handle.--Heading
9902.16.48 is amended--
(A) by striking ``1.2%'' and inserting ``1.4%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(154) Carafe-less coffee makers.--Heading 9902.16.65 is
amended--
(A) by striking ``0.4%'' and inserting ``Free'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(155) Toaster ovens with a pop-up toaster feature.--
Heading 9902.16.67 is amended--
(A) by striking ``Free'' and inserting ``1.4%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(156) Electric pressure cookers rated more than 800w but
not more than 1000w, with a capacity of less than 5 liters.--
Heading 9902.16.79 is amended--
(A) by striking ``0.4%'' and inserting ``Free'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(157) Flat panel lcd televisions for exercise equipment.--
Heading 9902.16.85 is amended--
(A) by striking ``3.6%'' and inserting ``3%''; and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(158) Motor vehicle chassis with cab and only an electric
motor for propulsion for the transport of goods.--Heading
9902.16.97 is amended--
(A) by striking ``23.9%'' and inserting ``20.9%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(159) Used gear boxes for certain vehicles for the
transportation of goods.--Heading 9902.17.01 is amended--
(A) by striking ``Free'' and inserting ``0.9%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(160) New gear boxes.--Heading 9902.17.02 is amended--
(A) by striking ``2.1%'' and inserting ``1.2%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(161) Bicycle disc brakes.--Heading 9902.17.10 is
amended--
(A) by striking ``6.7%'' and inserting ``8.8%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(162) Baby strollers.--Heading 9902.17.13 is amended--
(A) by striking ``Free'' and inserting ``2.8%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(163) LCD television panel assemblies, with a video
display measuring over 101.6 cm but not over 124.46 cm.--
Heading 9902.17.24 is amended--
(A) by striking ``Free'' and inserting ``2.8%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(164) LCD television panel assemblies, with a video
display measuring over 124.46 cm but not over 137.16 cm.--
Heading 9902.17.25 is amended--
(A) by striking ``Free'' and inserting ``0.3%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(165) Light emitting diode (led) lamps, mounting options,
bases, clamps, mounts.--Heading 9902.17.48 is amended--
(A) by striking ``3.0%'' and inserting ``Free'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(166) Golf club driver heads with a loft over 9.5
degrees.--Heading 9902.17.57 is amended--
(A) by striking ``Free'' and inserting ``3.5%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(167) Golf club driver heads with a loft under 9.5
degrees.--Heading 9902.17.58 is amended--
(A) by striking ``Free'' and inserting ``1.6%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(168) Golf club hybrid heads.--Heading 9902.17.60 is
amended--
(A) by striking ``Free'' and inserting ``1.2%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(169) Golf club wedge heads with a loft of 56 degrees or
less.--Heading 9902.17.61 is amended--
(A) by striking ``Free'' and inserting ``1.9%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(170) Golf club iron heads of 8-irons and 9-irons.--
Heading 9902.17.63 is amended--
(A) by striking ``Free'' and inserting ``1.4%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(171) Tennis racket frames, unstrung.--Heading 9902.17.71
is amended--
(A) by striking ``0.4%'' and inserting ``1.2%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(172) Volleyballs.--Heading 9902.17.74 is amended--
(A) by striking ``Free'' and inserting ``2.1%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(173) Basketballs other than leather or rubber.--Heading
9902.17.75 is amended--
(A) by striking ``3.1%'' and inserting ``3.2%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(174) Rubber basketballs.--Heading 9902.17.77 is amended--
(A) by striking ``2.5%'' and inserting ``1.6%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(175) Fishing rods, one-piece, of both fiberglass and
carbon fiber.--Heading 9902.17.93 is amended--
(A) by striking ``Free'' and inserting ``4.3%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(176) Hair-slides without imitation pearls or stones.--
Heading 9902.17.96 is amended--
(A) by striking ``Free'' and inserting ``8.6%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(177) Eyelash curlers.--Heading 9902.17.97 is amended--
(A) by striking ``Free'' and inserting ``0.7%'';
and
(B) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(d) Modifications to Article Descriptions and Rates of Duty.--
(1) Minced pimiento stuffed green olives.--Heading
9902.01.07 is amended--
(A) by amending the article description to read as
follows: ``Olives, green in color, stuffed with minced
pimiento, the foregoing in brine and presented in glass
containers, other than place packed (provided for in
subheading 2005.70.25)'';
(B) by striking ``Free'' and inserting ``1.9%'';
and
(C) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(2) Vinyl neodecanoate.--Heading 9902.02.78 is amended--
(A) by amending the article description to read as
follows: ``Vinyl neodecanoate (vinyl 7,7-
dimethyloctanoate) (CAS No. 51000-52-3) (provided for
in subheading 2915.90.18)'';
(B) by striking ``Free'' and inserting ``1.1%'';
and
(C) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(3) Bifenthrin.--Heading 9902.02.86 is amended--
(A) by amending the article description to read as
follows: ``2-Methylbiphenyl-3-ylmethyl (1RS,3RS)-3-
[(Z)-2-chloro-3,3,3-trifluoroprop-1-enyl]-2,2-
dimethylcyclopropanecar-boxylate (Bifenthrin) (CAS No.
82657-04-3) (provided for in subheading 2916.20.50)'';
(B) by striking ``2.4%'' and inserting ``3.3%'';
and
(C) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(4) Trinexapac-ethyl.--Heading 9902.03.31 is amended--
(A) by amending the article description to read as
follows: ``Ethyl (RS)-4-cyclopropyl(hydroxy)methylene-
3,5-dioxocyclohexanecarboxylate (Trinexapac-ethyl) (CAS
No. 95266-40-3) (provided for in subheading
2918.99.50)'';
(B) by striking ``Free'' and inserting ``2.5%'';
and
(C) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(5) 3,3' dichlorobenzidine dihydrochloride.--Heading
9902.03.88 is amended--
(A) by amending the article description to read as
follows: ``3,3'-Dichlorobenzidine dihydrochloride
(3,3'-Dichloro-4,4'-biphenyldiamine dihydrochloride)
(CAS No. 612-83-9) (provided for in subheading
2921.59.80)'';
(B) by striking ``Free'' and inserting ``0.8%'';
and
(C) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(6) 4-(4-Aminophenoxy)aniline.--Heading 9902.04.01 is
amended--
(A) by amending the article description to read as
follows: ``4-(4-Aminophenoxy)aniline (CAS No. 101-80-4)
(provided for in subheading 2922.29.81)'';
(B) by striking ``1.3%'' and inserting ``3.3%'';
and
(C) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(7) S-metolachlor.--Heading 9902.04.43 is amended--
(A) by amending the article description to read as
follows: ``2-Chloro-N-(2-ethyl-6-methylphenyl)-N-[(1S)-
2-meth- oxy-1-methylethyl]acetamide ((S)-Metolachlor)
(CAS No. 87392-12-9) (provided for in subheading
2924.29.47)'';
(B) by striking ``6.0%'' and inserting ``6.3%'';
and
(C) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(8) Compound used in polymer production.--Heading
9902.04.58 is amended--
(A) by amending the article description to read as
follows: ``1,1'-[1,3-Phenylenebis(methylene)]bis(3-
methyl-1H-pyr- role-2,5-dione) (CAS No. 119462-56-5)
(provided for in subheading 2925.19.42)'';
(B) by striking ``Free'' and inserting ``2.7%'';
and
(C) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(9) 2-Methoxlyethyl(rs)-2-(4-tert-(cyflumetofen).--Heading
9902.04.66 is amended--
(A) by amending the article description to read as
follows: ``2-Methoxyethyl 2-cyano-2-[4-(2-methyl-2-
propanyl)phe- nyl]-3-oxo-3-[2-
(trifluoromethyl)phenyl]propanoate (Cyflumetafen) (CAS
No. 400882-07-7) (provided for in subheading
2926.90.25)'';
(B) by striking ``Free'' and inserting ``1.5%'';
and
(C) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(10) b-cyfluthrin.--Heading 9902.04.70 is amended--
(A) by amending the article description to read as
follows: ``Cyano-(4-fluoro-3-phenoxyphenyl)methyl 3-
(2,2-dichloroethenyl)-2,2-dimethylcyclopropane-1-
carboxylate (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]-2,2-dimethyl-1-
(1,2,4-triazol- 1-ylmethyl)cyclopentan-1-ol
(Metconazole) (CAS No. 125116-23-6) (provided for in
subheading 2933.99.22)'';
(B) by striking ``1.6%'' and inserting ``Free'';
and
(C) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(34) Prothioconazole.--Heading 9902.06.81 is amended--
(A) by amending the article description to read as
follows: ``2-[(2RS)-2-(1-Chlorocyclopropyl)-3-(2-
chlorophenyl)-2-hydroxypropyl]-2H-1,2,4-triazole-3(4H)-
thione (Prothioconazole) (CAS No. 178928-70-6)
(provided for in subheading 2933.99.22)'';
(B) by striking ``5.3%'' and inserting ``5.7%'';
and
(C) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(35) Flutriafol.--Heading 9902.06.84 is amended--
(A) by amending the article description to read as
follows: ``1-(2-Fluorophenyl)-1-(4-fluorophenyl)-2-(1H-
1,2,4- triazol-1-yl)ethanol (Flutriafol) (CAS No.
76674-21-0) (provided for in subheading 2933.99.22)'';
(B) by striking ``0.2%'' and inserting ``3%''; and
(C) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(36) Ipconazole.--Heading 9902.06.85 is amended--
(A) by amending the article description to read as
follows: ``(1R,2S,5R)-2-(4-Chlorobenzyl)-5-isopropyl-1-
(1H-1,2,4- triazol-1-ylmethyl)cyclopentanol
(Ipconazole) (CAS No. 125225-28-7) (provided for in
subheading 2933.99.22)'';
(B) by striking ``Free'' and inserting ``1.3%'';
and
(C) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(37) Hexythiazox.--Heading 9902.06.99 is amended--
(A) by amending the article description to read as
follows: ``(4RS,5RS)-5-(4-chlorophenyl)-N-cyclohexyl-4-
methyl-2- oxo-1,3-thiazolidine-3-carboxamide
(Hexythiazox) (CAS No. 78587-05-0) (provided for in
subheading 2934.10.10)'';
(B) by striking ``1.8%'' and inserting ``2.4%'';
and
(C) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(38) Clothianidin.--Heading 9902.07.06 is amended--
(A) by amending the article description to read as
follows: ``(E)-1-(2-Chloro-1,3-thiazol-5-ylmethyl)-3-
methyl-2-nitro- guanidine (Clothianidin) (CAS No.
210880-92-5) (provided for in subheading 2934.10.90)'';
(B) by striking ``6.1%'' and inserting ``5.9%'';
and
(C) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(39) Thiamethoxam.--Heading 9902.07.07 is amended--
(A) by amending the article description to read as
follows: ``Thiamethoxam (3-(2-chloro-5-
thiazolylmethyl)tetrahydro-5- methyl-N-nitro-1,3,5-
oxadiazin-4-imine) (CAS No. 153719-23-4) (provided for
in subheading 2934.10.90)'';
(B) by striking ``2.5%'' and inserting ``6%''; and
(C) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(40) Difenoconazole.--Heading 9902.07.14 is amended--
(A) by amending the article description to read as
follows: ``1-({2-[2-Chloro-4-(4-chlorophenoxy)phenyl]-
4-methyl-1,3- dioxolan-2-yl}methyl)-1H-1,2,4-triazole
(Difenoconazole) (CAS No. 119446-68-3) (provided for in
subheading 2934.99.12)'';
(B) by striking ``4.6%'' and inserting ``5.6%'';
and
(C) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(41) Fluoxastrobin.--Heading 9902.07.21 is amended--
(A) by amending the article description to read as
follows: ``(E)-1-[2-[6-(2-Chlorophenoxy)-5-
fluoropyrimidin-4-yl]oxyphenyl]-1-(5,6-dihydro-1,4,2-
dioxazin-3-yl)-N-methoxymethanimine (Fluoxastrobin)
(CAS No. 361377-29-9) (provided for in subheading
2934.99.12)'';
(B) by striking ``Free'' and inserting ``2.7%'';
and
(C) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(42) Isoxaflutole.--Heading 9902.07.22 is amended--
(A) by amending the article description to read as
follows: ``(5-Cyclopropyl-1,2-oxazol-4-yl)-[2-
methylsulfonyl-4-(trifluoromethyl)phenyl]methanone
(Isoxaflutole) (CAS No. 141112-29-0) (provided for in
subheading 2934.99.15)'';
(B) by striking ``5.5%'' and inserting ``4.8%'';
and
(C) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(43) Pinoxaden.--Heading 9902.07.26 is amended--
(A) by amending the article description to read as
follows: ``8-(2,6-Diethyl-4-methylphenyl)-1,2,4,5-
tetrahydro-7-oxo- 7H-pyrazolo[1,2-d][1,4,5]oxadiazepin-
9-yl-2,2- dimethylpropanoate (Pinoxaden) (CAS No.
243973-20-8) (provided for in subheading 2934.99.15)'';
(B) by striking ``5.4%'' and inserting ``Free'';
and
(C) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(44) Isoxaben technical herbicide.--Heading 9902.07.27 is
amended--
(A) by amending the article description to read as
follows: ``2,6-Dimethoxy-N-[3-(3-methyl-3-pentanyl)-
1,2-oxazol-5- yl]benzamide (isoxaben) (CAS No. 82558-
50-7) (provided for in subheading 2934.99.15)'';
(B) by striking ``3.1%'' and inserting ``2.7%'';
and
(C) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(45) Fluthiacetmethyl.--Heading 9902.07.29 is amended--
(A) by amending the article description to read as
follows: ``Methyl [[2-chloro-4-fluoro-5[(tetrahydro-3-
oxo-1H,3H-[1,3,4]thi- adiazolo[3,4-a]pyridazin-1-
ylidene)amino]phenyl]thio]acetate (Fluthiacet-methyl
technical) (CAS No. 117337-19-6) (provided for in
subheading 2934.99.15)'';
(B) by striking ``Free'' and inserting ``3%''; and
(C) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(46) Flumioxazin.--Heading 9902.07.30 is amended--
(A) by amending the article description to read as
follows: ``2-[7-Fluoro-3-oxo-4-(2-propyn-1-yl)-3,4-
dihydro-2H- 1,4-benzoxazin-6-yl]-4,5,6,7-tetrahydro-1H-
isoindole-1,3(2H)-dione (Flumioxazin) (CAS No. 103361-
09-7) (provided for in subheading 2934.99.15)'';
(B) by striking ``6.1%'' and inserting ``5.6%'';
and
(C) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(47) Buprofezin.--Heading 9902.07.31 is amended--
(A) by amending the article description to read as
follows: ``(2Z)-3-Isopropyl-2-[(2-methyl-2-
propanyl)imino]-5-phenyl- 1,3,5-thiadiazinan-4-one
(Buprofezin) (CAS No. 69327-76-0 or 953030-84-7)
(provided for in subheading 2934.99.16)'';
(B) by striking ``1.4%'' and inserting ``Free'';
and
(C) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(48) Sarolaner.--Heading 9902.07.38 is amended--
(A) by amending the article description to read as
follows: ``1-{5'-[(5S)-5-(3,5-Dichloro-4-fluorophenyl)-
4,5-dihydro-5- (trifluoromethyl)-1,2-oxazol-3-yl]-
1H,3'H-spiro[azetidine-3,1'- [2]benzofuran]-1-yl}-2-
mesylethanone (Sarolaner) (CAS No. 1398609-39-6)
(provided for in subheading 2934.99.30)'';
(B) by striking ``Free'' and inserting ``4.5%'';
and
(C) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(49) Isoxadifen-ethyl.--Heading 9902.07.43 is amended--
(A) by amending the article description to read as
follows: ``Ethyl 5,5-diphenyl-4H-1,2-oxazole-3-
carboxylate (Isoxadifen-ethyl) (CAS No. 163520-33-0)
(provided for in subheading 2934.99.39)'';
(B) by striking ``4.0%'' and inserting ``5.6%'';
and
(C) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(50) Pyroxasulfone technical.--Heading 9902.07.53 is
amended--
(A) by amending the article description to read as
follows: ``3-({[5-(Difluoromethoxy)-1-methyl-3-
(trifluoromethyl)-1H- pyrazol-4-yl]methyl}sulfonyl)-
5,5-dimethyl-4,5- dihydro-1,2-oxazole (Pyroxasulfone)
(CAS No. 447399-55-5) (provided for in subheading
2934.99.90)'';
(B) by striking ``3.5%'' and inserting ``6.3%'';
and
(C) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(51) Triasulfuron.--Heading 9902.07.57 is amended--
(A) by amending the article description to read as
follows: ``2-(2-Chloroethoxy)-N-[(4-methoxy-6-methyl-
1,3,5-triazin-2- yl)carbamoyl]benzenesulfonamide
(Triasulfuron) (CAS No. 82097-50-5) (provided for in
subheading 2935.90.75)'';
(B) by striking ``0.4%'' and inserting ``Free'';
and
(C) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(52) Trifloxysulfuron.--Heading 9902.07.58 is amended--
(A) by amending the article description to read as
follows: ``Sodium 4,6-dimethoxy-2-[({[3-(2,2,2-
trifluoro- ethoxy)pyridin-2-
yl]sulfonyl}carbamoyl)imino]- 2H-pyrimidin-1-ide
(Trifloxysulfuron-sodium) (CAS No. 199119-58-9)
(provided for in subheading 2935.90.75)'';
(B) by striking ``4.6%'' and inserting ``4.9%'';
and
(C) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(53) Copper phthalocyanine blue crude.--Heading 9902.08.59
is amended--
(A) by amending the article description to read as
follows: ``Copper phthalocyanine ((Phthalocyanato(2-))-
copper), not ready for use as pigment (PCN Blue Crude)
(CAS No. 147-14-8) (provided for in subheading
3204.17.20)'';
(B) by striking ``3.3%'' and inserting ``3%''; and
(C) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(54) Spirotetramat formulations.--Heading 9902.09.24 is
amended--
(A) by amending the article description to read as
follows: ``Product mixtures containing (5s, 8s)-3-(2,5-
dimethylphenyl)-8-methoxy-2-oxo-1-azaspiro [4.5] dec-3-
en-4-yl ethyl carbonate (Spirotetramat) (CAS No.
203313-25-1) (provided for in subheading 3808.91.25)'';
(B) by striking ``5.2%'' and inserting ``Free'';
and
(C) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(55) Prothioconazole and tebuconazole formulations.--
Heading 9902.09.50 is amended--
(A) by amending the article description to read as
follows: ``Product mixtures containing 2-[(2RS)-2-(1-
chlorocyclopropyl)-3-(2-chlorophenyl) -2-
hydroxypropyl]-2H-1,2,4-triazole-3 (4H)-thione
(Prothioconazole) (CAS No. 178928-70-6) and (RS)-1-p-
chlorophenyl-4,4-dimethyl-3-(1H-1,2,4-triazol-1-
ylmethyl) pentan-3-ol (Tebuconazole) (CAS No. 107534-
96-3) (provided for in subheading 3808.92.15)'';
(B) by striking ``4.9%'' and inserting ``3.2%'';
and
(C) by striking ``12/31/2020'' and inserting ``12/
31/2023''.
(56) Trifloxystrobin and prothioconazole formulations.--
Heading 9902.09.51 is amended--
(A) by amending the article description to read as
follows: ``Product mixtures containing methyl (E)-
methoxyimino-{(E)-2-[1-(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, 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 recipients and other specified
entities in an eligible area may use funds awarded under subsection
(c)(1), in accordance with an approved recompete plan, to carry out
coordinated and comprehensive economic development programs and
activities in an eligible area, which shall include--
(1) the provision of business advice and assistance to
small and medium-sized local businesses and entrepreneurs,
including--
(A) manufacturing extension services;
(B) small business development centers;
(C) centers to help businesses bid for Federal
procurement contracts;
(D) entrepreneurial assistance programs that link
entrepreneurs with available public and private
resources;
(E) legal advice and resources; and
(F) assistance in accessing capital;
(2) land and site development programs, such as brownfield
redevelopment, research and technology parks, business
incubators, business corridor development, and Main Street
redevelopment programs;
(3) infrastructure and housing activities that are directly
related to supporting job creation and employment for
residents, such as--
(A) improvements to transit, roads, and broadband
access;
(B) housing development and other activities to
address local housing needs;
(C) land-use and zoning reforms; and
(D) transit-oriented development activities;
(4) job training oriented to local employer needs, such as
customized job training programs carried out by local community
colleges in partnership with local businesses;
(5) workforce outreach programs, such as--
(A) programs located in, and targeted to, lower-
income and underemployed neighborhoods; and
(B) embedding job placement and training services
in neighborhood institutions such as churches, housing
projects, and community advocacy programs;
(6) job retention programs and activities, such as the
provision of--
(A) job coaches;
(B) child care services; and
(C) transportation support;
(7) planning, predevelopment, technical assistance, and
other administrative activities as may be necessary for the
ongoing implementation, administration, and operation of the
programs and activities carried out with a grant described in
subsection (c)(1) and in accordance with the requirements of
this section, including but not limited to economic development
planning and evaluation; and
(8) such other programs and activities as the Secretary
determines to be appropriate, including any proposed programs
or activities that the recipient demonstrates clearly and
substantially, to the satisfaction of the Secretary, will
directly advance the goals of the program established under
this section.
(g) Definitions.--In this section:
(1) Eligible area.--The term ``eligible area'' means either
of the following:
(A) A local labor market that--
(i) has a prime-age employment gap equal to
not less than 2.5 percent; and
(ii) meets additional criteria as the
Secretary may establish.
(B) A local community that--
(i) has a prime-age employment gap equal to
not less than 5 percent;
(ii) is not located within an eligible
local labor market that meets the criteria
described in subparagraph (A);
(iii) has a median annual household income
of not more than $75,000; and
(iv) meets additional criteria as the
Secretary may establish.
(2) Eligible recipient.--The term ``eligible recipient''
means a specified entity which has been authorized in a manner
as determined by the Secretary to represent and act on behalf
of an eligible area for the purposes of the Recompete Pilot
Program.
(3) Local labor market.--The term ``local labor market''
means any of the following areas that contains 1 or more
specified entities described in subparagraphs (A) through (D)
of paragraph (6):
(A) A metropolitan statistical area or micropolitan
statistical area, excluding any area described in
subparagraph (C).
(B) A commuting zone, excluding any areas described
in subparagraphs (A) and (C).
(C) The Tribal land with a Tribal prime-age
population represented by a Tribal government.
(4) Local community.--The term ``local community'' means
the area served by a unit of general local government that is
located within, but does not cover the entire area of, a local
labor market that does not meet the criteria described in
paragraph (1)(A).
(5) Prime-age employment gap.--
(A) In general.--The term ``prime-age employment
gap'' means the difference (expressed as a percentage)
between--
(i) the national 5-year average prime-age
employment rate; and
(ii) the 5-year average prime-age
employment rate of the eligible area.
(B) Calculation.--For the purposes of subparagraph
(A), an individual is prime-age if such individual
between the ages of 25 years and 54 years.
(6) Recompete plan.--The term ``recompete plan'' means a
comprehensive 10-year economic development plan that--
(A) includes--
(i) proposed programs and activities to be
carried out with a grant awarded under
subsection (c)(1) to address the economic
challenges of the eligible area in a
comprehensive manner that promotes long-term,
sustained economic growth, lasting job
creation, per capita wage increases, and
reduction in the prime-age employment gap of
the eligible area;
(ii) projected costs and annual
expenditures and proposed disbursement
schedule;
(iii) the roles and responsibilities of
specified entities which may receive funds
awarded under this grant to carry out proposed
programs and activities; and
(iv) other information as the Secretary
determines appropriate;
(B) is developed by an eligible recipient that is
the recipient of a planning and technical assistance
grant described in subsection (c)(2);
(C) is submitted to the Secretary for approval for
an eligible recipient to be considered for a grant
described in subsection (c)(1); and
(D) may be modified over the term of the grant by
the eligible recipient, subject to the approval of the
Secretary or at the direction of the Secretary, if
benchmarking requirements are repeatedly not met or if
other circumstances necessitate a modification.
(7) Specified entity.--The term ``specified entity''
means--
(A) a unit of local government;
(B) the District of Columbia;
(C) a territory of the United States;
(D) a Tribal government;
(E) a State-authorized political subdivision or
other entity, including a special-purpose entity
engaged in economic development activities;
(F) a public entity or nonprofit organization,
acting in cooperation with the officials of a political
subdivision or entity described in subparagraph (E);
(G) an economic development district (as defined in
section 3 of the Public Works and Economic Development
Act of 1965 (42 U.S.C. 3122); and
(H) a consortium of any of the specified entities
described in this paragraph which serve or are
contained within the same eligible area.
(8) Tribal government.--The term ``Tribal government''
means the recognized governing body of any Indian or Alaska
Native Tribe, band, nation, pueblo, village, community,
component band, or component reservation, individually
identified (including parenthetically) in the list published by
the Bureau of Indian Affairs on January 29, 2021, pursuant to
section 104 of the Federally Recognized Indian Tribe List Act
of 1994 (25 U.S.C. 5131).
(9) Tribal land.--The term ``Tribal land'' means any land--
(A) located within the boundaries of an Indian
reservation, pueblo, or rancheria; or
(B) not located within the boundaries of an Indian
reservation, pueblo, or rancheria, the title to which
is held--
(i) in trust by the United States for the
benefit of an Indian Tribe or an individual
Indian;
(ii) by an Indian Tribe or an individual
Indian, subject to restriction against
alienation under laws of the United States; or
(iii) by a dependent Indian community.
(10) Tribal prime-age population.--
(A) In general.--The term ``Tribal prime-age
population'' shall be equal to the sum obtained by
adding--
(i) the product obtained by multiplying--
(I) the total number of individuals
ages 25 through 54 residing on the
Tribal land of the Tribal government;
and
(II) 0.65; and
(ii) the product obtained by multiplying--
(I) the total number of individuals
ages 25 through 54 included on the
membership roll of the Tribal
government; and
(II) 0.35.
(B) Use of data.--A calculation under subparagraph
(A) shall be determined based on data provided by the
applicable Tribal government to the Department of the
Treasury under the Coronavirus State and Local Fiscal
Recovery Fund programs under title VI of the Social
Security Act (42 U.S.C. 801 et seq.).
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.--
``(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.''.
SEC. 110003. FREIGHT RAIL INNOVATION INSTITUTE.
(a) In General.--Chapter 229 of title 49, United States Code, is
amended by adding at the end the following:
``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;
``(B) includes a Memorandum of Understanding,
signed by all partners, that comprehensively addresses
all aspects of the Institute's work, including how
intellectual property and revenue sharing from
resulting technological developments will be handled;
and
``(C) includes such other information as the
Secretary may require.
``(d) Considerations.--In selecting the applicant that will receive
funding to establish the Institute, the Secretary of Transportation
shall consider--
``(1) the extent to which the applicant's proposal
maximizes greenhouse gas reductions and other environmental
benefits;
``(2) the ability of the applicant's proposal to increase
the use of low- and zero- emission freight rail technologies
among the United States freight and passenger rail industry;
``(3) the anticipated public benefits of the applicant's
proposal, including the creation of construction,
manufacturing, and services jobs that pay prevailing wages;
``(4) proposed plans to train workers from the area
surrounding the Institute to develop competitive advanced
manufacturing, battery- or hydrogen-power, and advanced freight
utilization, network safety and logistics technology skills;
``(5) the degree to which the applicant, including its
freight rail locomotive manufacturer, has experience--
``(A) carrying out battery and hydrogen research on
freight locomotives that reduce greenhouse gas
emissions; and
``(B) developing freight rail advanced signaling,
network safety, and logistics technologies;
``(6) the extent to which the applicant's proposal
increases the proportional amount of goods moved by freight
rail in the United States;
``(7) the extent to which such proposal--
``(A) maximizes the private share of the total cost
of the institute beyond the minimum level required
under subsection (d); and
``(B) sustains the private investment up to and
beyond 2026; and
``(8) whether the proposed Institute is located at a site
that--
``(A) has legacy rail infrastructure;
``(B) has access to freight rail tracks and rail
connections; and
``(C) is located on a redeveloped brownfield site
in close proximity to a freight rail locomotive
manufacturer, an institution of higher education, and a
short line or regional railroad.
``(e) Funding Requirement.--The non-Federal share of the costs of
the Institute's research and development program shall be not less than
50 percent.
``(f) Notification.--
``(1) Notice.--Not later than 3 days after Congress
appropriates funds for the Institute for any fiscal year, the
Secretary of Transportation shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives--
``(A) the institution of higher education and
freight rail locomotive manufacturer that have been
selected to receive such funding to operate the
Institute; and
``(B) a summary of activities to be carried out by
the Institute.
``(2) Annual report.--Not later than 1 year after Congress
appropriates funds for the Institute for any fiscal year, the
Secretary shall submit a report to the committees listed under
paragraph (1) that summarizes the work of the Institute on--
``(A) low- and zero-emission rail technologies;
``(B) increased freight rail utilization; and
``(C) training a workforce in advanced
manufacturing, battery- or hydrogen-power, advanced
freight utilization, network safety, logistics
technology skills, and advanced rail safety and
logistics technologies.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated $120,000,000 for each of the fiscal years 2022 through
2026, to carry out the activities of the Institute described in
subsection (b). Such sums shall remain available until expended.
``(h) Definitions.--In this section:
``(1) Freight rail locomotive manufacturer.--The term
`freight rail locomotive manufacturer' means a company--
``(A) headquartered in the United States; and
``(B) that is engaged in the design, manufacture,
and sale of freight rail locomotives, train network
systems, engines, parts, logistics, rail safety and
braking systems, and other freight rail and locomotive
products.
``(2) Institution of higher education.--The term
`institution of higher education' has the meaning given such
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).''.
(b) Clerical Amendment.--The analysis for chapter 229 of title 49,
United States Code, is amended by adding at the end the following:
``22911. Freight Rail Innovation Institute.''.
SEC. 110004. ECONOMIC ADJUSTMENT ASSISTANCE FOR ENERGY AND INDUSTRIAL
TRANSITION COMMUNITIES.
There is authorized to be appropriated $240,000,000 in total for
fiscal years 2023 through 2028 to the Secretary of Commerce for
economic adjustment assistance as authorized by section 209 of the
Public Works and Economic Development Act of 1965 (42 U.S.C. 3149) to
provide assistance, including grants for technical assistance,
planning, and predevelopment activities, to energy and industrial
transition communities, including oil, gas, coal, nuclear, and biomass
transition communities, and manufacturing transition communities.
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.
DIVISION N--PROHIBITING USE OF FUNDS FOR PUBLICITY OR PROPAGANDA
SEC. 130001. PROHIBITING USE OF FUNDS FOR PUBLICITY OR PROPAGANDA.
No part of any funds authorized to be appropriated or otherwise
made available under this Act shall be used for publicity or propaganda
purposes not authorized by the Congress.
DIVISION O--NATIONAL SECURITY RESTRICTIONS ON USE OF CERTAIN FUNDS
SEC. 140001. PROHIBITION ON USE OF FUNDS TO OBTAIN COMMUNICATIONS
EQUIPMENT OR SERVICES POSING NATIONAL SECURITY RISK.
(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.''.
DIVISION P--AGRICULTURE FOREIGN INVESTMENT DISCLOSURE REFORM
SEC. 150001. SHORT TITLE.
This division may be cited as the ``Agriculture Foreign Investment
Disclosure Reform Act''.
SEC. 150002. ANNUAL REPORTS.
The matter preceding paragraph (1) of section 2(b) of the
Agricultural Foreign Investment Disclosure Act of 1978 (7 U.S.C.
3501(b)) is amended by striking ``agricultural land'' and all that
follows through ``effective date.'' and inserting ``agricultural land
on the day before the date of the enactment of the Agricultural Foreign
Investment Disclosure Reform Act shall, beginning 180 days after such
date of enactment, and annually thereafter, submit to the Secretary a
report or certify to the Secretary that there has been no change in
status with respect to the information required under paragraphs (1)
through (8) since the most recent such report was submitted to the
Secretary by such foreign person.''.
SEC. 150003. REPORTS TO CONGRESS.
The Agricultural Foreign Investment Disclosure Act of 1978 (7
U.S.C. 3501 et seq.) is amended by inserting after section 4 the
following:
``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. 150004. CIVIL PENALTY FOR FAILURE TO REPORT OR MISREPORTING.
Section 3(b) of the Agricultural Foreign Investment Disclosure Act
of 1978 (7 U.S.C. 3502(b)) is amended by striking ``, except that such
amount shall not exceed 25 percent of the fair market value, on the
date of the assessment of such penalty, of the interest in agricultural
land with respect to which such violation occurred''.
DIVISION Q--EMERGING TECHNOLOGY LEADS
SEC. 160001. EMERGING TECHNOLOGY LEADS.
(a) Definitions.--In this section:
(1) Covered individual.--The term ``covered individual''
means--
(A) an individual serving in a Senior Executive
Service position, as that term is defined in section
3132(a) of title 5, United States Code;
(B) an individual who--
(i) is serving in a position to which
section 5376 of title 5, United States Code,
applies; and
(ii) has a significant amount of seniority
and experience, as determined by the head of
the applicable covered Federal agency; or
(C) another individual who is the equivalent of an
individual described in subparagraph (A) or (B), as
determined by the head of the applicable covered
Federal agency.
(2) Covered federal agency.--The term ``covered Federal
agency'' means--
(A) an agency listed in section 901(b) of title 31,
United States Code; or
(B) an element of the intelligence community, as
defined in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).
(b) Appointment or Designation.--Each covered Federal agency that
is also substantially engaged in the development, application, or
oversight of emerging technologies shall consider appointing or
designating a covered individual as an emerging technology lead to
advise the agency on the responsible use of emerging technologies,
including artificial intelligence, provide expertise on responsible
policies and practices, collaborate with interagency coordinating
bodies, and provide input for procurement policies.
(c) Informing Congress.--Not later than 180 days after the date of
the enactment of this Act, the President shall inform Congress of each
covered Federal agency in which a covered individual has been appointed
or designated as an emerging technology lead under subsection (b) and
provide Congress with a description of the authorities and
responsibilities of the covered individuals so appointed.
DIVISION R--COMMITTEE ON SMALL BUSINESS
SEC. 170001. CHILD CARE RESOURCE GUIDE.
The Small Business Act (15 U.S.C. 631 et seq.) is amended--
(1) by redesignating section 49 as section 50; and
(2) by inserting after section 48 the following new
section:
``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.''.
DIVISION S--OCEAN SHIPPING REFORM
SEC. 180001. PURPOSES.
Section 40101 of title 46, United States Code, is amended by
striking paragraphs (2) through (4) and inserting the following:
``(2) ensure an efficient and competitive transportation
system for the common carriage of goods by water in the foreign
commerce of the United States that is, as far as possible, in
harmony with fair and equitable international shipping
practices;
``(3) encourage the development of a competitive and
efficient liner fleet of vessels of the United States capable
of meeting national security and commerce needs of the United
States;
``(4) support the growth and development of United States
exports through a competitive and efficient system for the
common carriage of goods by water in the foreign commerce of
the United States and by placing a greater reliance on the
marketplace; and
``(5) promote reciprocal trade in the common carriage of
goods by water in the foreign commerce of the United States.''.
SEC. 180002. SERVICE CONTRACTS.
Section 40502 of title 46, United States Code, is amended--
(1) in subsection (c)--
(A) in paragraph (7) by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (8) by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(9) any other essential terms or minimum contract
requirements that the Federal Maritime Commission determines
necessary or appropriate.''; and
(2) by adding at the end the following:
``(g) Service Contract Requirement.--With respect to service
contracts entered into under this section, a common carrier shall
establish, observe, and enforce just and reasonable regulations and
practices relating to essential terms and minimum contract requirements
the Commission determines are necessary or appropriate under subsection
(c)(9).''.
SEC. 180003. SHIPPING EXCHANGE REGISTRY.
(a) In General.--Chapter 405 of title 46, United States Code, is
amended by adding at the end the following:
``Sec. 40504. Shipping exchange registry
``(a) In General.--No person may operate a shipping exchange
involving ocean transportation in the foreign commerce of the United
States unless the shipping exchange is registered as a national
shipping exchange under the terms and conditions provided in this
section and the regulations issued pursuant to this section.
``(b) Registration.--A person shall register a shipping exchange by
filing with the Federal Maritime Commission an application for
registration in such form as the Commission, by rule, may prescribe
containing the rules of the exchange and such other information and
documents as the Commission, by rule, may prescribe as necessary or
appropriate in the public interest.
``(c) Exemption.--The Commission may exempt, conditionally or
unconditionally, a shipping exchange from registration and licensing
under this section if the Commission finds that the shipping exchange
is subject to comparable, comprehensive supervision and regulation by
the appropriate governmental authorities in the home country of the
shipping exchange.
``(d) Regulations.--In issuing regulations pursuant to subsection
(a), the Commission shall set standards necessary to carry out subtitle
IV for registered national shipping exchanges, including the minimum
requirements for service contracts established under section 40502, and
issue licenses for registered national shipping exchanges.
``(e) Definition.--In this subsection, the term `shipping exchange'
means a platform, digital, over-the-counter or otherwise, which
connects shippers with common carriers (both vessel-operating and non-
vessel-operating) for the purpose of entering into underlying
agreements or contracts for the transport of cargo, by vessel or other
modes of transportation.''.
(b) Applicability.--The registration requirement under section
40504 of title 46, United States Code (as added by this section), shall
take effect on the date on which the Federal Maritime Commission issues
regulations required under subsection (d) of such section.
(c) Clerical Amendment.--The analysis for chapter 405 of title 46,
United States Code, is amended by adding at the end the following:
``40504. Shipping exchange registry.''.
SEC. 180004. DATA COLLECTION.
(a) In General.--Chapter 411 of title 46, United States Code, is
amended by adding at the end the following:
``Sec. 41110. Data collection
``(a) In General.--Common carriers covered under this chapter shall
submit to the Federal Maritime Commission a calendar quarterly report
that describes the total import and export tonnage and the total loaded
and empty 20-foot equivalent units per vessel (making port in the
United States, including any territory or possession of the United
States) operated by such common carrier.
``(b) Prohibition on Duplication.--Data required to be reported
under subsection (a) may not duplicate information--
``(1) submitted to the Corps of Engineers pursuant to
section 11 of the Act entitled `An Act authorizing the
construction, repair, and preservation of certain public works
on rivers and harbors, and for other purposes', approved
September 22, 1922 (33 U.S.C. 555), by an ocean common carrier
acting as a vessel operator; or
``(2) submitted pursuant to section 481 of the Tariff Act
of 1930 (19 U.S.C. 1481) to U.S. Customs and Border Protection
by merchandise importers.''.
(b) Clerical Amendment.--The analysis for chapter 411 of title 46,
United States Code, is amended by adding at the end the following:
``41110. Data collection.''.
SEC. 180005. NATIONAL SHIPPER ADVISORY COMMITTEE.
(a) National Shipper Advisory Committee.--Section 42502(c)(3) of
title 46, United States Code, is amended by inserting ``, including
customs brokers or freight forwarders'' after ``ocean common carriers''
each place such term occurs.
(b) Analysis.--The analysis for chapter 425 of title 46, United
States Code, is amended by inserting before the item relating to
section 42501 the following:
``Sec.''.
SEC. 180006. ANNUAL REPORT AND PUBLIC DISCLOSURES.
(a) Report on Foreign Laws and Practices.--Section 46106(b) of
title 46, United States Code, is amended--
(1) in paragraph (5) by striking ``and'' at the end;
(2) in paragraph (6)--
(A) by striking ``under this part'' and inserting
``under chapter 403''; and
(B) by striking the period and inserting a
semicolon; and
(3) by adding at the end the following:
``(7) an identification of any anticompetitive or
nonreciprocal trade practices by ocean common carriers;
``(8) an analysis of any trade imbalance resulting from the
business practices of ocean common carriers, including an
analysis of the data collected under section 41110; and
``(9) an identification of any otherwise concerning
practices by ocean common carriers, particularly such carriers
that are--
``(A) State-owned or State-controlled enterprises;
or
``(B) owned or controlled by, is a subsidiary of,
or is otherwise related legally or financially (other
than a minority relationship or investment) to a
corporation based in a country--
``(i) identified as a nonmarket economy
country (as defined in section 771(18) of the
Tariff Act of ( U.S.C. 1677(18))) as of the
date of enactment of this paragraph;
``(ii) identified by the United States
Trade Representative in the most recent report
required by section 182 of the Trade Act of
1974 (19 U.S.C. 2242) as a priority foreign
country under subsection (a)(2) of that
section; or
``(iii) subject to monitoring by the Trade
Representative under section 306 of the Trade
Act of 1974 (19 U.S.C. 2416).''.
(b) Public Disclosure.--
(1) In general.--Section 46106 of title 46, United States
Code, is amended by adding at the end the following:
``(d) Public Disclosures.--The Federal Maritime Commission shall
publish, and annually update, on the website of the Commission--
``(1) all findings by the Commission of false
certifications by common carriers or marine terminal operators
under section 41104(a)(15) of this title; and
``(2) all penalties imposed or assessed against common
carriers or marine terminal operators, as applicable, under
sections 41107, 41108, and 41109, listed by each common carrier
or marine terminal operator.''.
(2) Conforming and clerical amendments.--
(A) Conforming amendment.--The heading for section
46106 of title 46, United States Code, is amended by
inserting ``and public disclosure'' after ``report''.
(B) Clerical amendment.--The analysis for chapter
461 of title 46, United States Code, is amended by
striking the item related to section 46106 and
inserting the following:
``46106. Annual report and public disclosure.''.
SEC. 180007. GENERAL PROHIBITIONS.
Section 41102 of title 46, United States Code, is amended by adding
by adding at the end the following:
``(d) Prohibition on Retaliation.--A common carrier, marine
terminal operator, or ocean transportation intermediary, either alone
or in conjunction with any other person, directly or indirectly, may
not retaliate against a shipper, a shipper's agent, or a motor carrier
by refusing, or threatening to refuse, cargo space accommodations when
available, or resort to other unfair or unjustly discriminatory methods
because the shipper has patronized another carrier, has filed a
complaint, or for any other reason.
``(e) Certification.--A common carrier or marine terminal operator
shall not charge any other person demurrage or detention charges under
a tariff, marine terminal schedule, service contract, or any other
contractual obligation unless accompanied by an accurate certification
that such charges comply with all rules and regulations concerning
demurrage or detention issued by the Commission. The certification
requirement only applies to the entity that establishes the charge, and
a common carrier or marine terminal operator that collects a charge on
behalf of another common carrier or marine terminal operator is not
responsible for providing the certification, except that an invoice
from a common carrier or marine terminal operator collecting a charge
on behalf of another must include a certification from the party that
established the charge.''.
SEC. 180008. PROHIBITION ON UNREASONABLY DECLINING CARGO.
(a) Unreasonably Declining Cargo.--Section 41104 of title 46,
United States Code, is amended in subsection (a)--
(1) by striking paragraph (3) and inserting the following:
``(3) engage in practices that unreasonably reduce shipper
accessibility to equipment necessary for the loading or
unloading of cargo;'';
(2) in paragraph (12) by striking ``; or'' and inserting a
semicolon;
(3) in paragraph (13) by striking the period and inserting
a semicolon; and
(4) by adding at the end the following:
``(14) fail to furnish or cause a contractor to fail to
furnish containers or other facilities and instrumentalities
needed to perform transportation services, including allocation
of vessel space accommodations, in consideration of reasonably
foreseeable import and export demands; or
``(15) unreasonably decline export cargo bookings if such
cargo can be loaded safely and timely, as determined by the
Commandant of the Coast Guard, and carried on a vessel
scheduled for the immediate destination of such cargo.''.
(b) Rulemaking on Unreasonably Declining Cargo.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Commission shall initiate a
rulemaking proceeding to define the term ``unreasonably
decline'' for the purposes of subsection (a)(15) of section
41104 of title 46, United States Code (as added by subsection
(a)).
(2) Contents.--The rulemaking under paragraph (1) shall
address the unreasonableness of ocean common carriers
prioritizing the shipment of empty containers while excluding,
limiting, or otherwise reducing the shipment of full, loaded
containers when such containers are readily available to be
shipped and the appurtenant vessel has the weight and space
capacity available to carry such containers if loaded in a safe
and timely manner.
SEC. 180009. DETENTION AND DEMURRAGE.
(a) In General.--Section 41104 of title 46, United States Code, is
further amended by adding at the end the following:
``(d) Certification.--Failure of a common carrier to include a
certification under section 41102(e) alongside any demurrage or
detention charge shall eliminate any obligation of the charged party to
pay the applicable charge.
``(e) Demurrage and Detention Practices and Charges.--
Notwithstanding any other provision of law and not later than 30 days
of the date of enactment of this subsection, a common carrier or marine
terminal operator, shall--
``(1) act in a manner consistent with any rules or
regulations concerning demurrage or detention issued by the
Commission;
``(2) maintain all records supporting the assessment of any
demurrage or detention charges for a period of 5 years and
provide such records to the invoiced party or to the Commission
on request; and
``(3) bear the burden of establishing the reasonableness of
any demurrage or detention charges which are the subject of any
complaint proceeding challenging a common carrier or marine
terminal operator demurrage or detention charges as unjust and
unreasonable.
``(f) Penalties for False or Inaccurate Certified Demurrage or
Detention Charges.--In the event of a finding that the certification
under section 41102(e) was inaccurate, or false after submission under
section 41301, penalties under section 41107 shall be applied if the
Commission determines, in a separate enforcement proceeding, such
certification was inaccurate or false.''.
(b) Rulemaking on Detention and Demurrage.--
(1) In general.--Not later than 120 days after the date of
enactment of this Act, the Federal Maritime Commission shall
initiate a rulemaking proceeding to establish rules prohibiting
common carriers and marine terminal operators from adopting and
applying unjust and unreasonable demurrage and detention rules
and practices.
(2) Contents.--The rulemaking under paragraph (1) shall
address the issues identified in the final rule published on
May 18, 2020, titled ``Interpretive Rule on Demurrage and
Detention Under the Shipping Act'' (85 Fed. Reg. 29638),
including the following:
(A) Establishing clear and uniform definitions for
demurrage, detention, cargo availability for retrieval
and associated free time, and other terminology used in
the rule. The definition for cargo availability for
retrieval shall account for government inspections.
(B) Establishing that demurrage and detention rules
are not independent revenue sources but incentivize
efficiencies in the ocean transportation network,
including the retrieval of cargo and return of
equipment.
(C) Prohibiting the consumption of free time or
collection of demurrage and detention charges when
obstacles to the cargo retrieval or return of equipment
are within the scope of responsibility of the carrier
or their agent and beyond the control of the invoiced
or contracting party.
(D) Prohibiting the commencement or continuation of
free time unless cargo is available for retrieval and
timely notice of cargo availability has been provided.
(E) Prohibiting the consumption of free time or
collection of demurrage charges when marine terminal
appointments are not available during the free time
period.
(F) Prohibiting the consumption of free time or
collection of detention charges on containers when the
marine terminal required for return is not open or
available.
(G) Requiring common carriers to provide timely
notice of--
(i) cargo availability after vessel
discharge;
(ii) container return locations; and
(iii) advance notice for container early
return dates.
(H) Establishing minimum billing requirements,
including timeliness and supporting information that
shall be included in or with invoices for demurrage and
detention charges that will allow the invoiced party to
validate the charges.
(I) Requiring common carriers and marine terminal
operators to establish reasonable dispute resolution
policies and practices.
(J) Establishing the responsibilities of shippers,
receivers, and draymen with respect to cargo retrieval
and equipment return.
(K) Clarifying rules for the invoicing of parties
other than the shipper for any demurrage, detention, or
other similar per container charges, including
determining whether such parties should be billed at
all.
(c) Rulemaking on Minimum Service Standards.--Not later than 90
days after the date of enactment of this Act, the Commission shall
initiate a rulemaking proceeding to incorporate subsections (d) through
(f) of 41104 of title 46, United States Code, which shall include the
following:
(1) The obligation to adopt reasonable rules and practices
related to or connected with the furnishing and allocation of
adequate and suitable equipment, vessel space accommodations,
containers, and other instrumentalities necessary for the
receiving, loading, carriage, unloading and delivery of cargo.
(2) The duty to perform the contract of carriage with
reasonable dispatch.
(3) The requirement to carry United States export cargo if
such cargo can be loaded safely and timely, as determined by
the Commandant of the Coast Guard, and carried on a vessel
scheduled for such cargo's immediate destination.
(4) The requirement of ocean common carriers to establish
contingency service plans to address and mitigate service
disruptions and inefficiencies during periods of port
congestion and other market disruptions.
SEC. 180010. ASSESSMENT OF PENALTIES.
(a) Assessment of Penalties.--Section 41109 of title 46, United
States Code, is amended--
(1) in subsection (a)--
(A) by inserting ``or, in addition to or in lieu of
a civil penalty, order the refund of money'' after
``this part''; and
(B) by inserting ``or refund of money'' after
``conditions, a civil penalty'';
(2) in subsection (c) by inserting ``or refund of money''
after ``civil penalty'';
(3) in subsection (e) by inserting ``or order a refund of
money'' after ``civil penalty''; and
(4) in subsection (f) by inserting ``or who is ordered to
refund money'' after ``civil penalty is assessed''.
(b) Additional Penalties.--Section 41108(a) of title 46, United
States Code, is amended by striking ``section 41104(1), (2), or (7)''
and inserting ``subsections (d) or (e) of section 41102 or paragraph
(1), (2), (7), (14), or (15) of section 41104(a)''.
(c) Conforming Amendment.--Section 41309 of title 46, United States
Code, is amended--
(1) in subsection (a)--
(A) by inserting ``or refund of money'' after
``payment of reparation''; and
(B) by inserting ``or to whom the refund of money
was ordered'' after ``award was made''; and
(2) in subsection (b) by inserting ``or refund of money''
after ``award of reparation''.
(d) Award of Reparations.--Section 41305(c) of title 46, United
States Code, is amended--
(1) by inserting ``or (c)'' after ``41102(b)''; and
(2) by inserting ``, or if the Commission determines that a
violation of section 41102(e) was made willfully or knowingly''
after ``of this title''.
SEC. 180011. INVESTIGATIONS.
Section 41302 of title 46, United States Code, is amended by
striking ``or agreement'' and inserting ``, agreement, fee, or
charge''.
SEC. 180012. INJUNCTIVE RELIEF.
Section 41307(b) to title 46, United States Code, is amended--
(1) in paragraph (3)--
(A) in the heading by striking ``and third
parties''; and
(B) by striking the second sentence; and
(2) by adding at the end the following:
``(5) Third party intervention.--The court may allow a
third party to intervene in a civil action brought under this
section.''.
SEC. 180013. TECHNICAL AMENDMENTS.
(a) Federal Maritime Commission.--The analysis for chapter 461 of
title 46, United States Code, is amended by striking the first item
relating to chapter 461.
(b) Assessment of Penalties.--Section 41109(c) of title 46, United
States Code, is amended by striking ``section 41104(1) or (2)'' and
inserting ``paragraph (1) or (2) of section 41104(a)''.
(c) National Shipper Advisory Committee.--Section 42502(c)(3) of
title 46, United States Code is amended by striking ``Representation''
and all that follows through ``Members'' and inserting
``Representation.--Members''.
SEC. 180014. AUTHORIZATION OF APPROPRIATIONS.
Section 46108 of title 46, United States Code, is amended by
striking ``$29,086,888 for fiscal year 2020 and $29,639,538 for fiscal
year 2021'' and inserting ``$32,603,492 for fiscal year 2022 and
$35,863,842 for fiscal year 2023''.
SEC. 180015. NAS STUDY ON SUPPLY CHAIN INDUSTRY.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the Secretary of Transportation shall seek to enter into
an agreement with the National Academy of Sciences under which the
National Academy shall conduct a study on the United States supply
chain that examines data constraints that impede the flow of maritime
cargo and add to supply chain inefficiencies and that identifies data
sharing systems that can be employed to improve the functioning of the
United States supply chain.
(b) Contents.--The study required under subsection (a) shall
include--
(1) the identification of where bottlenecks or chokepoints
are most prominent within the United States supply chain;
(2) the identification of what common shipping data is
created with each hand-off of a container through the United
States supply chain and how such data is stored and shared;
(3) the identification of critical data elements used by
any entity covered by subsection (c), including the key
elements used for various supply chain business processes;
(4) a review of the methodology used to store, access, and
disseminate shipping data across the United States supply chain
and evaluation of the inefficiencies in such methodology;
(5) an analysis of existing and potential impediments to
the free flow of information among entities covered by
subsection (c), including--
(A) identification of barriers that prevent
carriers, terminals, and shippers from having access to
commercial data; and
(B) any inconsistencies in--
(i) terminology used across data elements
connected to the shipment, arrival, and
unloading of a shipping container; and
(ii) the classification systems used across
the United States supply chain, including
inconsistencies in the names of entities
covered by subsection (c), geographical names,
and terminology;
(6) the identification of information to be included in an
improved data sharing system designed to plan, execute, and
monitor the optimal loading and unloading of maritime cargo;
and
(7) the identification of existing software and data
sharing platforms available to facilitate propagation of
information to all agents involved in the loading and unloading
of maritime cargo and evaluate the effectiveness of such
software and platforms if implemented.
(c) Collection of Information.--In conducting the study required
under subsection (a), the National Academy of Sciences shall collect
information from--
(1) vessel operating common carriers and non-vessel
operating common carriers;
(2) marine terminal operators;
(3) commercial motor vehicle operators;
(4) railroad carriers;
(5) chassis providers;
(6) ocean transportation intermediaries;
(7) custom brokers;
(8) freight forwarders;
(9) shippers and cargo owners;
(10) the National Shipper Advisory Committee;
(11) relevant government agencies, such as the Federal
Maritime Commission, the Surface Transportation Board, and the
United States Customs and Border Protection;
(12) to the extent practicable, representatives of foreign
countries and maritime jurisdictions outside of the United
States; and
(13) any other entity involved in the transportation of
ocean cargo and the unloading of cargo upon arrival at a port.
(d) Facilitation of Data Sharing.--In carrying out the study under
subsection (a), the National Academy of Sciences may solicit
information from any relevant agency relating to the United States
supply chain.
(e) Report.--Not later than 18 months after entering into an
arrangement with the Secretary under subsection (a), the National
Academy of Sciences shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate, and make available
on a publicly accessible website, a report containing--
(1) the study required under subsection (a);
(2) the information collected under subsections (b) and
(c), excluding any personally identifiable information or
sensitive business information; and
(3) any recommendations for--
(A) common data standards to be used in the United
States supply chain; and
(B) policies and protocols that would streamline
information sharing across the United States supply
chain.
SEC. 180016. TEMPORARY EMERGENCY AUTHORITY.
(a) Public Input on Information Sharing.--
(1) In general.--Not later than 30 days after the date of
enactment of this Act, the Federal Maritime Commission shall
issue a request for information seeking public comment
regarding--
(A) whether congestion of the common carriage of
goods has created an emergency situation of a magnitude
such that there exists a substantial adverse effect on
the competitiveness and reliability of the
international ocean transportation supply system;
(B) whether an emergency order described in
subsection (b) would alleviate such an emergency
situation; and
(C) the appropriate scope of such an emergency
order, if applicable.
(2) Consultation.--During the public comment period under
paragraph (1), the Commission may consult, as the Commission
determines to be appropriate, with--
(A) other Federal departments and agencies; and
(B) persons with expertise relating to maritime and
freight operations.
(b) Authority to Issue Emergency Order Requiring Information
Sharing.--On making a unanimous determination described in subsection
(c), the Commission may issue an emergency order requiring any common
carrier or marine terminal operator to share directly with relevant
shippers, rail carriers, or motor carriers information relating to
cargo throughput and availability, in order to ensure the efficient
transportation, loading, and unloading of cargo to or from--
(1) any inland destination or point of origin;
(2) any vessel; or
(3) any point on a wharf or terminal.
(c) Description of Determination.--
(1) In general.--A determination referred to in subsection
(b) is a unanimous determination by the Commission that
congestion of common carriage of goods has created an emergency
situation of a magnitude such that there exists a substantial
adverse effect on the competitiveness and reliability of the
international ocean transportation supply system.
(2) Factors for consideration.--In issuing an emergency
order under subsection (b), the Commission shall ensure that
such order includes parameters relating to temporal and
geographic scope, taking into consideration the likely burdens
on ocean carriers and marine terminal operators and the likely
benefits on congestion relating to the purposes described in
section 40101 of title 46, United States Code.
(d) Petitions for Exception.--
(1) In general.--A common carrier or marine terminal
operator subject to an emergency order issued under this
section may submit to the Commission a petition for exception
from 1 or more requirements of the emergency order, based on a
showing of undue hardship or other condition rendering
compliance with such a requirement impractical.
(2) Determination.--Not later than 21 days after the date
on which a petition for exception under paragraph (1) is
submitted, the Commission shall determine whether to approve or
deny such petition by majority vote.
(3) Inapplicability pending review.--The requirements of an
emergency order that is the subject of a petition for exception
under this subsection shall not apply to a petitioner during
the period for which the petition is pending.
(e) Limitations.--
(1) Term.--An emergency order issued under this section
shall remain in effect for a period of not longer than 60 days.
(2) Renewal.--The Commission may renew an emergency order
issued under this section for an additional term by a unanimous
determination by the Commission.
(f) Sunset.--The authority provided by this section shall terminate
on the date that is 2 years after the date of enactment of this Act.
(g) Definitions.--In this section:
(1) Common carrier.--The term ``common carrier'' has the
meaning given such term in section 40102 of title 46, United
States Code.
(2) Motor carrier.--The term ``motor carrier'' has the
meaning given such term in section 13102 of title 49, United
States Code.
(3) Rail carrier.--The term ``rail carrier'' has the
meaning given such term in section 10102 of title 49, United
States Code.
(4) Shipper.--The term ``shipper'' has the meaning given
such term in section 40102 of title 46, United States Code.
Passed the House of Representatives February 4, 2022.
Attest:
Clerk.
117th CONGRESS
2d Session
H. R. 4521
_______________________________________________________________________
AN ACT
To provide for a coordinated Federal research initiative to ensure
continued United States leadership in engineering biology.