,i #aahth ,,congress #b;d ,session ,h4 ,r4 #gega ,,in ,,the ,,house ,,of ,,representatives ,march #f1 #bjbd,ms4 ,salazar 7for herself1 ,mr4 ,espaillat1 and ,mr4 ,gallagher7 introduced the following bill2 which was referred to the ,committee on ,ways and ,means1 and in addition to the ,committees on ,foreign ,affairs1 ,financial ,services1 the ,judiciary1 ,rules1 ,energy and ,commerce1 and ,homeland ,security1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to establish a regional trade1 investment1 and people-to-people partnership of countries in the ,western ,hemisphere to stimulate growth and integration through viable long-term private sector development1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,americas ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,definitions4,title ,i--,administration,sec4 #aja4 ,americas ,institute for ,digital ,governance4,sec4 #ajb4 ,e-governance framework4,sec4 #ajc4 ,additional duties of ,institute4,sec4 #ajd4 ,funding4,title ,,ii--,trade and ,investment for the ,americas,subtitle ,a--,administration,sec4 #bja4 ,partnership agreements4,sec4 #bjb4 ,americas ,partnership business advisory board4,sec4 #bjc4 ,administration4,sec4 #bjd4 ,americas ,partnership ,secretariat4,sec4 #bje4 ,report4,subtitle ,b--,trade,chapter #a--,re-shoring and near-shoring,sec4 #baa4 ,sense of ,congress4,sec4 #bab4 ,incentives for re-shoring and near-shoring of businesses from ,people's ,republic of ,china4,sec4 #bac4 ,tax credit for qualifying re-shoring and near-shoring expenses4,chapter #b--;,free trade expansion,sec4 #bba4 ,tariff reciprocity under ,,gatt #aiid4,sec4 #bbb4 ,expansion of ,,usmca or establishment of other regional trade agreement4,sec4 #bbc4 ,americas ,partnership ,threshold ,program4,sec4 #bbd4 ,expansion of beneficiaries under ,united ,states-,caribbean ,basin ,trade ,partnership ,act4,sec4 #bbe4 ,exclusion of certain countries from certain preferential trade treatment4,sec4 #bbf4 ,extension of trade promotion authority to ,americas partner countries for purposes of expansion of ,,usmca4,chapter #c--,textile and apparel,sec4 #bca4 ,textile and apparel grant program4,sec4 #bcb4 ,textile reuse and recycling programs4,sec4 #bcc4 ,textile production verification teams4,sec4 #bcd4 ,tax benefits for apparel and home textile products4,chapter #d--,trade enforcement,sec4 #bda4 ,establishment of special enforcement unit of ,u4,s4 ,customs and ,border ,protection to monitor the implementation of ,uyghur ,forced ,labor ,prevention ,act4,sec4 #bdb4 ,authorization of payments to whistleblowers relating to money laundering or illicit financial transactions4,sec4 #bdc4 ,establishment of borders and ports protection program4,sec4 #bdd4 ,establishment of mutual recognition agreements and trade transparency units4,chapter #e--,medical equipment and supplies grant program,sec4 #bde4 ,medical equipment and supplies grant program4,subtitle ,c--,investment,sec4 #bea4 ,sense of ,congress4,sec4 #beb4 ,,build ,americas ,unit4,sec4 #bec4 ,americas ,partnership ,enterprise ,fund4,sec4 #bed4 ,near-shoring of strategic supply chains4,sec4 #bee4 ,transformational ,energy ,development4,subtitle ,d--,people-to-,people activities,sec4 #bfa4 ,humanitarian and business development assistance4,sec4 #bfb4 ,department of ,state4,sec4 #bfc4 ,peace ,corps4,sec4 #bfd4 ,american ,university of the ,americas4,sec4 #bfe4 ,united ,states ,agency for ,international ,development ,caribbean and ,latin ,american ,scholarship ,program ,,iii4,sec4 #bff4 ,concern for ,advanced ,retired and ,elderly nonimmigrant visa program for aliens who provide direct care for elderly populations4,sec4 #bfg4 ,sense of ,congress on ,,tn visa program4,sec4 #bfh4 ,assessment of visa waiver program eligibility for ,uruguay and ,costa ,rica4,sec4 #bfi4 ,radio ,free ,americas4,sec4 #bgj4 ,biennial presidential summit4,title ,,iii--,revenue and financial management,sec4 #cja4 ,re-shoring and ,near-shoring ,account4,sec4 #cjb4 ,modification of treatment of de minimis entries of articles4,title ,,iv--,reporting and branding,sec4 #dja4 ,annual report on ,americas program4,sec4 #djb4 ,branding and marketing for ,americas program4 #b4 ,definitions ,in this ,act3 7#a7 ,americas partner country ,the term ,americas partner country means a county that has entered into a partnership agreement under section #bja4 7#b7 ,americas program ,the term ,americas program means the provision of assistance to and other activities relating to ,americas partner countries under title ,,ii or amendments made by title ,,ii4 7#c7 ,,build ,americas ,unit ,the term ,,build ,americas ,unit means the unit of the ,united ,states ,international ,development ,finance ,corporation established under section #adaf of the ,,build ,act of #bjah1 as added by section #beb4 7#d7 ,near-shore ,the term near-shore-- 7,a7 with respect to an entity1 means to move not less than the equivalent of #b_/c of the operations of the entity from the ,people's ,republic of ,china to one or more ,americas partner countries or other countries as provided for under title ,,ii2 and 7,b7 with respect to a good or service1 means to move not less than the equivalent of #b_/c of the production of the good or service from the ,people's ,republic of ,china to such countries4 7#e7 ,re-shore ,the term re-shore-- 7,a7 with respect to an entity1 means to move not less than the equivalent of #b_/c of the operations of the entity from the ,people's ,republic of ,china to the ,united ,states2 and 7,b7 with respect to a good or service1 means to move not less than the equivalent of #b_/c of the production of the good or service from the ,people's ,republic of ,china to the ,united ,states4 7#f7 ,united ,states business ,the term ,united ,states business means an entity-- 7,a7 organized under the laws of the ,united ,states or any jurisdiction within the ,united ,states2 7,b7 with its headquarters based in the ,united ,states 7as determined on the date that is #ahj days after the date of the enactment of this ,act72 and 7,c7 with more than #be percent of its business inside the ,united ,states4 7#g7 ,united ,states person 7,a7 ,in general ,the term ,united ,states person means-- 7i7 an individual who is a citizen or resident of the ,united ,states2 or 7ii7 an entity organized under the laws of the ,united ,states or any jurisdiction within the ,united ,states4 7,b7 ,resident ,for purposes of subparagraph 7,a77i71 an individual is a resident of the ,united ,states if the individual is authorized to be employed in the ,united ,states4 7#h7 ,,usmca ,the term ,,usmca has the meaning given that term in section #c of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act 7#ai ,u4,s4,c4 #dejb74 7#i7 ,,usmca country ,the term ,,usmca country has the meaning given that term in section #bjb7;a7 of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act 7#ai ,u4,s4,c4 #deca7;a7774 ,i ,administration #aja4 ,americas ,institute for ,digital ,governance 7a7 ,establishment ,there is established a nonprofit organization within the ,united ,states to be known as the ,americas ,institute for ,digital ,governance 7in this title referred as the ,institute71 which shall be responsible for the development and maintenance of the e-governance framework established under section #ajb4 7b7 ,board of directors 7#a7 ,in general ,there shall be in the ,institute a ,board of ,directors 7in this section referred to as the ,board74 7#b7 ,membership 7,a7 ,in general ,the ,president shall request the head of government of each ,americas partner country to appoint one member of the ,board4 7,b7 ,appointment process 7i7 ,united states ,the ,president shall appoint the member of the ,board representing the ,united ,states4 7ii7 ,other countries ,the ,president shall request the head of government of each ,americas partner country to determine a process for appointing the member of the ,board to represent that country4 7,c7 ,terms ,a member of the ,board shall serve on the ,board for not more than #d years4 7,d7 ,removal 7i7 ,removal by country represented ,a member of the ,board shall serve at the discretion of the ,americas partner country the member represents and may be removed pursuant to a process determined by the government of that country4 7ii7 ,removal by board ,a member of the ,board may be removed by a vote of #b_/c of the members of the ,board4 7,e7 ,vacancies ,in the event that a member of the ,board is removed under subparagraph 7,d7 or dies or is otherwise deemed unable to serve the remainder of the term of the member1 the government of the ,americas partner country the member represented shall appoint an individual to serve out the remainder of that term pursuant to a process determined by that government4 7,f7 ,ethics requirements 7i7 ,financial disclosure ,a member of the ,board shall fully disclose the financial assets of the member and divest from any holdings1 such as stocks or other equities1 that relate to any private entity that conducts business with the ,institute4 7ii7 ,blind trust requirement ,a member of the ,board shall place the assets of the member in a blind trust for the duration of the term of the member on the ,board4 7iii7 ,prohibition on nepotism ,an individual may not be appointed as a member of the ,board if a relative of the individual is an elected official in an ,americas partner country4 7iv7 ,additional requirements ,the ,board may impose such other ethics and disclosure requirements as the ,board considers appropriate4 7#c7 ,representation ,each member of the ,board shall have an equal vote in all matters4 7#d7 ,meetings2 quorum 7,a7 ,frequency of meetings ,the ,board shall meet not less frequently than once every #ij days4 7,b7 ,quorum ,members of the ,board representing a majority of the total votes on the ,board are required to be present to constitute a quorum4 7#e7 ,chairperson ,there shall be a chairperson of the ,board1 who shall-- 7,a7 be elected by a majority vote of the ,board from among members of the ,board2 and 7,b7 preside over meetings of the ,board4 7#f7 ,calculation of votes ,for purposes of determining a majority vote of the ,board1 vacancies that have not been filled shall not be counted toward any total4 7#g7 ,access to information ,a member of the ,board may request information from the ,institute and provide that information to the government of the ,americas partner country the member represents unless the chairperson of the ,board determines that sharing that information may violate the privacy of a user of the e-governance system1 endanger cyber security1 or violate any applicable law4 7c7 ,staff 7#a7 ,chief ,executive ,there shall be a ,chief ,executive of the ,institute1 who-- 7,a7 shall-- 7i7 be elected and appointed by the majority vote of the ,board2 and 7ii7 be vested with the full executive authority of the ,institute2 and 7,b7 may be removed by a majority vote of the ,board4 7#b7 ,additional employees 7,a7 ,in general ,the ,chief ,executive may-- 7i7 appoint such employees1 including managers1 assistant managers1 officers1 attorneys1 and agents1 as the ,chief ,executive considers necessary2 7ii7 define the compensation 7subject to subparagraph 7,b77 and duties of those employees2 and 7iii7 establish a system of organization to fix responsibility and promote efficiency4 7,b7 ,salaries ,the salaries of officers and employees of the ,institute shall be equivalent to the salaries provided for under the ,general ,schedule under section #eccb of title #e1 ,united ,states ,code4 7,c7 ,salary cap ,no regular officer or employee of the ,institute may receive a salary that exceeds the salary of the ,chief ,executive4 7d7 ,corporate powers ,except as otherwise specifically provided in this ,act1 the ,institute-- 7#a7 shall have succession in its corporate name2 7#b7 may sue and be sued in its corporate name2 7#c7 may adopt and use a corporate seal1 which shall be judicially noticed2 7#d7 may make contracts2 7#e7 may adopt1 amend1 and repeal bylaws2 and 7#f7 may purchase or lease1 hold1 and dispose of such real and personal property as the ,institute deems necessary or convenient in the transaction of its business4 7e7 ,nonprofit organization defined ,in this section1 the term nonprofit organization means an organization-- 7#a7 described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf2 and 7#b7 exempt from tax under section #eja7;a7 of such ,code4 #ajb4 ,e-governance framework 7a7 ,development ,the ,institute shall develop and maintain a comprehensive e-governance framework for ,americas partner countries4 7b7 ,purpose ,the purpose of the e-governance framework developed under subsection 7a7 shall be to allow for the development of interoperable services to harmonize and facilitate the delivery of effective and transparent government services within and between ,americas partner countries4 7c7 ,principles ,in developing the e-governance framework under subsection 7a71 the ,institute shall ensure that the framework adheres to the following principles3 7#a7 ,interoperability ,the framework shall be designed to allow different government systems to1 when appropriate1 seamlessly share data with each other1 consistent with applicable laws and privacy restrictions under subsection 7d74 7#b7 ,decentralization ,the framework should seek to avoid centralized control over data1 and should allow the government of each ,americas partner country to maintain control over its own data while still facilitating cross-border data sharing4 ,data control and hosting under the framework should be consistent with local law and international agreements4 ,nothing in this paragraph may be construed to contravene or supercede laws or agreements in effect before the date of the enactment of this ,act4 7#c7 ,open standards ,the framework should1 to the greatest extent practicable1 be built on open standards that are freely available to the public4 7#d7 ,data sovereignty ,the framework should ensure that each ,americas partner country maintains control over the data of citizens of that country4 7#e7 ,public-private partnerships ,the framework should allow for the collaboration of public and private entities in the development1 design1 and maintenance of e-governance systems4 7#f7 ,open source ,systems developed by the ,institute should1 to the extent practicable1 be open source4 ,systems developed by ,americas partner countries are encouraged to be open source as well4 7#g7 ,adaptation ,the framework shall account1 consistent with other provisions of this ,act1 for existing e-governance systems developed by ,americas partner countries1 including by adopting1 in part or in whole1 existing e-governance systems as part of the framework or as reference implementations within the framework4 7d7 ,privacy ,the e-governance framework developed under subsection 7a7 shall incorporate privacy best-practices1 including as follows3 7#a7 ,data minimization ,systems developed under the framework should collect only the minimal set of data necessary for a given purpose and without any additional processing unnecessary for fulfilling that purpose4 7#b7 ,data protection ,the ,institute shall define necessary access controls for data and require encryption of data where appropriate4 7#c7 ,data retention ,the ,institute shall develop and publish a data retention policy1 which shall-- 7,a7 be honored by any system operating under the framework2 7,b7 include a disclosure of-- 7i7 what user information is stored by a particular system2 7ii7 whether that information is encrypted2 and 7iii7 for how long the information is stored2 and 7,c7 provide for the ,institute to provide1 in a timely fashion1 all data held related to an individual or entity upon the request of the individual or entity4 7#d7 ,data deletion ,systems developed under the framework shall1 to the greatest extent practicable1 include a mechanism by which-- 7,a7 a user may request that any system operating under the framework delete any data on the user2 and 7,b7 such a request is honored within #gb hours1 except as required by other applicable law4 7#e7 ,data correction ,systems developed under the framework shall1 to the greatest extent practicable1 incorporate mechanisms under which-- 7,a7 a user may request to correct inaccurate data in the framework related to the user2 and 7,b7 such a request is honored within #gb hours after the correct data has been verified4 7#f7 ,other privacy practices ,the ,institute may develop and enforce such other privacy practices as the ,institute considers appropriate4 7e7 ,cyber security ,the e-governance framework developed under subsection 7a7 shall incorporate cyber security best practices1 including the following3 7#a7 ,appropriate access controls and user authentication1 which may-- 7,a7 vary by service according to the sensitivity of the data involved2 and 7,b7 include the integration of any national electronic identification systems of ,americas partner countries4 7#b7 ,regular penetration testing by an outside organization certified by the ,institute1 to be conducted not less frequently than once a year4 7#c7 ,provision of a common vulnerability disclosure policy for systems operating under the framework4 7#d7 ,such other cyber security best practices as the ,institute considers appropriate4 7f7 ,enforcement 7#a7 ,audits ,each system of an ,americas partner country operating under the e-governance framework developed under subsection 7a7 shall undergo annual audits by an outside organization certified by the ,institute4 ,that audit shall assess the compliance of the system with the privacy and security requirements of this section and such other requirements as the ,institute considers necessary4 7#b7 ,effect of noncompliance ,if an audit conducted under paragraph 7#a7 indicates that a system or systems of an ,americas partner country are substantially noncompliant with the privacy and security requirements of this section1 the ,institute may-- 7,a7 designate the system or systems as noncompliant2 7,b7 recommend that other ,americas partner countries take such actions as may be necessary to protect the privacy and security of the systems and data of those countries2 and 7,c7 withhold1 in part or in whole1 further assistance to the country the system or systems of which are designated as noncompliant1 including revoking privileges or access to any services or shared infrastructure of the ,institute1 until such a time as the ,institute determines that the system or systems are compliant4 7#c7 ,allowances for noncompliance 7,a7 ,in general ,the ,institute may certify as partially or wholly compliant any system of an ,americas partner country if the ,institute determines that the country is making a good faith effort at compliance1 but has not fully achieved compliance with all the requirements of this section4 7,b7 ,elements ,a certification under subparagraph 7,a7 may include a certification that a system is temporarily compliant-- 7i7 during-- 7,i7 the development of the system2 7,,ii7 partial deployments of the system2 or 7,,iii7 deployments of minimum viable products2 or 7ii7 if the ,institute determines that compliance with the requirements of this section would substantially hinder the ability of a country to effectively provide critical services to citizens of the country and there is no practical path to achieve compliance and effectively provide such services4 7#d7 ,suspension of partnership ,if the participation of a country in a partnership agreement is suspended under section #bja7;d71 the ,institute-- 7,a7 may terminate the provision of any services or assistance to the country2 and 7,b7 may take such steps as are necessary to ensure any systems affected by the termination are transitioned appropriately to minimize disruptions to the citizens of that country4 7g7 ,multilingual functionality ,the ,institute shall ensure that all resources necessary to develop systems compliant with the e-governance framework developed under subsection 7a7 are available in all necessary languages4 #ajc4 ,additional duties of ,institute 7a7 ,international cooperation ,the ,institute shall seek to promote collaboration between ,americas partner countries on the development1 standardization1 and deployment of e-governance systems1 including such systems developed outside the e-governance framework developed under section #ajb and systems developed before the implementation of this ,act4 7b7 ,development process ,the ,institute shall be responsible for assisting ,americas partner countries in the development and deployment of e-governance systems in compliance with the e-governance framework developed under section #ajb4 ,such assistance may include the following3 7#a7 ,the development or adoption1 in collaboration with appropriate national and international standards organizations1 of technical standards necessary to promote the efficient development of systems under the framework4 7#b7 ,the development of reference implementations for e-government services1 as the ,institute considers appropriate4 7#c7 ,the development and maintenance of infrastructure that may be shared by multiple services1 including across multiple ,americas partner countries1 as the ,institute and such countries consider appropriate4 7#d7 ,providing technical assistance to ,americas partner countries in the development of services1 which may include entering into contracts for developing and hosting services on behalf of such countries4 ,such contracts may include terms for an ,americas partner country to provide the ,institute with funding for development and hosting services4 7#e7 ,the procurement or licensing1 as the ,institute considers appropriate1 of commercial technology that may be shared with ,americas partner countries and used for the delivery of services4 7#f7 ,providing for the certification of organizations to carry out the auditing and penetration testing required by section #ajb7;e74 7#g7 ,partnering with private sector entities for the provision1 development1 maintenance1 or hosting of services1 or other such assistance as the ,institute considers necessary4 7#h7 ,providing financing to facilitate the development or modernization of a system1 subject to such accountability mechanisms as the ,institute considers necessary to ensure funds are spent efficiently and appropriately4 7#i7 ,accounting for the development of emerging technologies1 including artificial intelligence1 and1 to the extent necessary1 incorporating such technologies into systems developed by or with ,americas partner countries or making recommendations for how those countries may incorporate or regulate such technologies4 7#aj7 ,other matters as the ,institute considers appropriate4 7c7 ,procurement restriction 7#a7 ,in general ,the ,institute shall ensure that no system or product operating under the e-governance framework developed under section #ajb is involved in any contract for the development of a service as part of the e-governance framework1 or shares any data1 with an individual or entity residing in or acting on behalf of the ,russian ,federation1 the ,people's ,republic of ,china1 ,iran1 ,north ,korea1 ,venezuela1 ,cuba1 or such other countries as the ,institute considers necessary to protect the privacy and security of the citizens of ,americas partner countries4 7#b7 ,authority to exclude other individuals1 entities1 and products ,the ,institute may1 as the ,institute considers necessary to protect the privacy and security of the citizens of ,americas partner countries1 prohibit any system described in paragraph 7#a7 from entering into any contract for the development of a service as part of the e-governance framework1 or sharing any data-- 7,a7 with an individual or entity that does not reside in a country described in paragraph 7#a72 or 7,b7 using a product not from such a country4 #ajd4 ,funding 7a7 ,authorization of appropriations for ,institute ,there are authorized to be appropriated #aj1jjj1jjj to establish the ,institute4 7b7 ,additional funding ,such sums as may be necessary to carry out this title shall be made available from the ,re-shoring and ,near-shoring ,account established under section #cja4 ,,ii ,trade and ,investment for the ,americas ,a ,administration #bja4 ,partnership agreements 7a7 ,authority ,to enter into partnership agreements 7#a7 ,in general ,the ,secretary of ,state may enter into partnership agreements with countries in the ,western ,hemisphere1 which shall serve as the gateway into accession of additional countries to the ,,usmca under section #bbb4 7#b7 ,inclusions ,a partnership agreement entered into under paragraph 7#a7 shall include protections for democracy and human rights and anti-corruption measures consistent with the ,inter-,american ,democratic ,charter and the ,international ,covenant on ,civil and ,political ,rights4 7#c7 ,consultations ,the ,secretary shall-- 7,a7 consult with ,congress during negotiations for a partnership agreement under paragraph 7#a72 and 7,b7 notify ,congress not less than #ae days before signing the partnership agreement4 7#d7 ,ineligible countries ,the ,secretary may not enter into a partnership agreement under paragraph 7#a7 with a country-- 7,a7 that is a member of the ,bolivarian ,alliance for the ,peoples of ,our ,america2 7,b7 the government of which is listed under subparagraph 7,c7 of section #aaj7;b77#a7 of the ,trafficking ,victims ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gajg7;b77#a77 7commonly referred to as tier #c7 in the most recent report on trafficking in persons required under such section 7commonly referred to as the ,trafficking in ,persons ,report72 or 7,c7 the government of which is not-- 7i7 committed to the fight against terrorism2 or 7ii7 in compliance with the terms of the ,inter-,american ,democratic ,charter of the ,organization of ,american ,states4 7b7 ,commitments ,a partner country shall commit to abide by the terms of the partnership agreement entered into under subsection 7a74 7c7 ,suspension 7#a7 ,in general ,the ,secretary of ,state shall move to suspend the participation of a country in a partnership agreement entered into under subsection 7a7 at the end of the one-year period beginning on the date on which the ,secretary of ,state1 in coordination with the heads of other relevant agencies and upon consultation with ,congress1 determines that the country is in violation of the commitments of the country under subsection 7b7 or is ineligible under subsection 7a77#d71 unless the country comes into compliance with those commitments and becomes eligible before the end of that period4 7#b7 ,notification to the ,secretariat ,upon making a determination described in paragraph 7#a7 with respect to a country1 the ,secretary of ,state shall provide a notice of the determination1 to be considered at the next scheduled meeting of the ,americas ,partnership ,secretariat established under section #bjd1 along with a list of deficiencies the government of the country could remedy to come back into compliance with the commitments of the country under subsection 7b7 and to become eligible under subsection 7a77#d74 ,the text of the notice and the list shall be provided to-- 7,a7 the permanent representative of the government of the country at the ,secretariat2 7,b7 the government of each ,americas partner country2 and 7,c7 the ,committee on ,finance of the ,senate and the ,committee on ,ways and ,means of the ,house of ,representatives4 7#c7 ,visit required ,before the ,secretary of ,state makes a motion under paragraph 7#a7 with respect to a country1 the ,deputy ,assistant ,secretary of ,state for the ,americas ,partnership established under section #bjc7;c77#a7 shall seek a formal visit from the ,americas ,partnership ,secretariat to the country to explain the reasons for the motion under paragraph 7#a74 7#d7 ,effect of suspension 7,a7 ,in general ,if the participation of a country in a partnership agreement entered into under subsection 7a7 is suspended under paragraph 7#a7-- 7i7 the provisions of this title and the amendments made by this title shall not apply with respect to the country during the period of suspension2 and 7ii7 the ,secretary of ,state shall use the voice and vote of the ,united ,states in any appropriate multilateral forum to pressure the government of that country to take the actions necessary to come into compliance with the eligibility requirements under subsection 7c74 7,b7 ,rule of construction ,the suspension of the participation of a country in a partnership agreement under paragraph 7#a7 may not be construed to affect the relationship of that country to any country1 other than the ,united ,states1 that is a party or a potential party to the ,,usmca4 7d7 ,initial partner countries ,the first countries with which the ,secretary of ,state shall seek to enter into partnership agreements under subsection 7a7 shall be countries identified under the ,americas ,partnership for ,economic ,prosperity 7,,apep7 executive program that are not ineligible under subsection 7a77#d74 7e7 ,countries seeking partnership agreements 7#a7 ,notification ,a country seeking to enter into a partnership agreement under subsection 7a7 shall submit a notification to the ,secretary of ,state indicating the desire of the country to enter into such an agreement4 7#b7 ,response 7,a7 ,in general ,not later than #ahj days after receiving a notification under paragraph 7#a7 from a country1 the ,secretary shall-- 7i7 make a determination with respect to whether or not to enter into a partnership agreement with the country2 and 7ii7 notify the country of the determination4 7,b7 ,inclusion in negative response ,if the ,secretary determines under subparagraph 7,a7 not to enter into a partnership agreement with a country1 the ,secretary shall notify the country in writing of the reasons for the determination and the steps the country can take to become eligible for a partnership agreement4 7f7 ,grant program ,the ,secretary of ,state may provide grants1 using amounts available for other grant programs of the ,department of ,state1 to countries to assist those countries to become eligible for partnership agreements under this section4 #bjb4 ,americas ,partnership business advisory board 7a7 ,establishment ,the ,americas ,partnership ,secretariat established under section #bjd shall establish a business advisory board1 which will meet periodically1 on an ad hoc basis1 at the ,secretariat to inform discussions on the business environments of ,americas partner countries4 7b7 ,composition ,the business advisory board established under subsection 7a7 shall be composed of representatives of private sector entities1 civil society organizations1 and labor organizations from ,americas partner countries4 7c7 ,advisory topics ,the business advisory board established under subsection 7a7 may provide advice to ,americas partner countries through the ,secretariat on the following topics relating to the business environment in ,americas partner countries3 7#a7 ,regulatory hurdles4 7#b7 ,labor issues4 7#c7 ,dispute resolution challenges4 7#d7 ,legal hurdles to investment4 7#e7 ,alignment on regulation related to key emerging technologies such as artificial intelligence4 7#f7 ,harmonization of reference price systems4 7#g7 ,other issues affecting the business community in ,americas partner countries4 7d7 ,coordination ,the business advisory board established under subsection 7a7 shall coordinate with the central regulatory coordinating bodies referred to in ,article #bh4c of the ,,usmca4 7e7 ,annual report ,not less frequently than annually1 the business advisory board established under subsection 7a7 shall submit to the ,secretariat a report on the business environment in ,americas partner countries1 including opportunities and challenges to investment4 #bjc4 ,administration 7a7 ,department of ,commerce 7#a7 ,deputy ,under ,secretary of ,commerce 7,a7 ,in general ,there shall be in the ,international ,trade ,administration of the ,department of ,commerce a ,deputy ,under ,secretary responsible for administration of the responsibilities of the ,department of ,commerce under this title4 7,b7 ,working group ,the ,deputy ,under ,secretary established under subparagraph 7,a7 shall establish a permanent working group1 composed of representatives of the relevant agencies1 to collaborate on matters relating to the administration of this title and the amendments made by this title4 7#b7 ,international ,trade ,administration ,the ,under ,secretary may increase the number of employees of the ,international ,trade ,administration by the number necessary to administer this title and the amendments made by this title4 7#c7 ,united ,states and ,foreign ,commercial ,service 7,a7 ,in general ,the ,director ,general of the ,united ,states and ,foreign ,commercial ,service 7established by section #bcja of the ,export ,enhancement ,act of #aihh 7#ae ,u4,s4,c4 #dgba77 may assign additional commercial attachs to serve at the ,united ,states embassies in each ,americas partner countries to oversee coordination and reporting under partnership agreements entered into under section #bja4 7,b7 ,role of commercial attachs ,a commercial attach assigned to an ,americas partner country under subparagraph 7,a7 shall-- 7i7 coordinate with the ,department of the ,treasury with respect to loans provided under section #bab7;a7 to incentivize re-shoring and near-shoring2 7ii7 be the lead officer on the country team1 under the ,chief of ,mission1 responsible for implementation of the partnership agreement entered into under section #bja with that country2 and 7iii7 carry out such other duties as the ,director ,general or the ,chief of ,mission may assign for successful implementation of the ,americas program4 7#d7 ,authorization of appropriations 7,a7 ,in general ,there shall be available to the ,secretary of ,commerce1 from the ,re-shoring and ,near-shoring ,account established under section #cja1 #aj1jjj1jjj for each of fiscal years of #bjbd1 #bjbe1 and #bjbf to administer this title and the amendments made by this title4 7,b7 ,availability of funds ,amounts made available pursuant to subparagraph 7,a7 shall be available until expended4 7b7 ,office of ,united ,states ,trade ,representative 7#a7 ,in general ,there shall be in the ,office of the ,united ,states ,trade ,representative an ,assistant ,united ,states ,trade ,representative for the ,americas ,partnership1 who shall-- 7,a7 be responsible for negotiations with respect to-- 7i7 the accession of countries to the ,,usmca pursuant to the mechanism developed pursuant to section #bbb7;b72 and 7ii7 designation of ,americas partner countries as ,,cbtpa beneficiary countries 7as defined in section #bac7;b77#e7 of the ,caribbean ,basin ,economic ,recovery ,act1 as amended by section #bbd72 7,b7 hire the staff necessary to support negotiations described in subparagraph 7,a72 and 7,c7 coordinate closely with the ,under ,secretary with respect to administration of this title4 7#b7 ,authorization of appropriations 7,a7 ,in general ,there shall be available to the ,united ,states ,trade ,representative1 from the ,re-shoring and ,near-shoring ,account established under section #cja1 #e1jjj1jjj for each of fiscal years of #bjbd1 #bjbe1 and #bjbf to administer this title and the amendments made by this title4 7,b7 ,availability of funds ,amounts made available pursuant to subparagraph 7,a7 shall be available until expended4 7c7 ,department of ,state 7#a7 ,deputy ,assistant ,secretary for the ,americas ,partnership ,there shall be in the ,bureau for ,western ,hemisphere ,affairs of the ,department of ,state a ,deputy ,assistant ,secretary for the ,americas ,partnership1 who-- 7,a7 may be the ,united ,states representative to the ,americas ,partnership ,secretariat2 and 7,b7 shall1 in coordination with the ,under ,secretary1 coordinate people-to-people efforts under this title on behalf of the ,department of ,state4 7#b7 ,additional civil service officers ,the ,secretary of ,state may hire sufficient civil service officers to fulfill the successful management of the efforts described in paragraph 7#a74 7#c7 ,additional foreign affairs officers ,the ,secretary of ,state may hire additional foreign affairs officers1 relative to the number of such officers on the day before the date of the enactment of this ,act1 to support the implementation of this title4 7#d7 ,authorization of appropriations 7,a7 ,in general ,there shall be available to the ,secretary of ,state1 from the ,re-shoring and ,near-shoring ,account established under section #cja1 #aj1jjj1jjj for each of fiscal years of #bjbd1 #bjbe1 and #bjbf to administer this title and the amendments made by this title4 7,b7 ,availability of funds ,amounts made available pursuant to subparagraph 7,a7 shall be available until expended4 7d7 ,united ,states ,agency for ,international ,development 7#a7 ,deputy ,assistant ,administrator for the ,americas ,partnership ,there shall be in the ,bureau for ,latin ,america and the ,caribbean of the ,united ,states ,agency for ,international ,development a ,deputy ,assistant ,administrator for the ,americas ,partnership1 who shall1 in coordination with the ,under ,secretary1 coordinate development1 humanitarian1 and people-to-people efforts under this title on behalf of the ,united ,states ,agency for ,international ,development4 7#b7 ,additional ,foreign ,service ,officers and other employees ,the ,administrator of the ,united ,states ,agency for ,international ,development may hire additional foreign service officers1 relative to the number of such officers on the day before the date of the enactment of this ,act1 to support the implementation of this title4 7#c7 ,authorization of appropriations 7,a7 ,in general ,there shall be available to the ,administrator1 from the ,re-shoring and ,near-shoring ,account established under section #cja1 #aj1jjj1jjj for each of fiscal years of #bjbd1 #bjbe1 and #bjbf to administer this title and the amendments made by this title4 7,b7 ,availability of funds ,amounts made available pursuant to subparagraph 7,a7 shall be available until expended4 7e7 ,other bureaus and offices ,the ,president-- 7#a7 may establish such additional bureaus and offices as the ,president considers appropriate to implement this title2 and 7#b7 shall ensure that a description of any such bureaus and offices is included in the annual report required by section #bje4 7f7 ,availability of funds ,amounts shall be made available to carry out this section from the ,re-shoring and ,near-shoring ,account established under section #cja4 #bjd4 ,americas ,partnership ,secretariat 7a7 ,establishment ,not later than #ahj day after the date of the enactment of this ,act1 there shall be established in the ,united ,states the ,americas ,partnership ,secretariat 7in this section referred to as the ,secretariat74 7b7 ,duties ,the ,secretariat shall be responsible for duties including-- 7#a7 coordinating diplomatic1 economic1 and people-to-people efforts of the ,americas partner countries under this title and the amendments made by this title2 7#b7 carrying out efforts to build and advance partnerships between city mayors and other subnational government leaders from ,americas partner countries1 civil society organizations1 and private sector entities to expand subnational diplomacy2 and 7#c7 providing policy and technical support through dialogue1 research1 and other structured engagements4 7c7 ,membership ,the membership of the ,secretariat shall be comprised of representatives from the governments of ,americas partner countries4 ,selection of such representatives shall be determined by the governments of the ,americas partner countries4 7d7 ,authorization of appropriations 7#a7 ,in general ,there shall be available to the ,secretariat1 from the ,re-shoring and ,near-shoring ,account established under section #cja1 #aj1jjj1jjj for each of fiscal years of #bjbd1 #bjbe1 and #bjbf to carry out the duties of the ,secretariat under this title and the amendments made by this title4 7#b7 ,availability of funds ,amounts made available pursuant to subparagraph 7,a7 shall be available until expended4 #bje4 ,report 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 and annually thereafter1 the ,under ,secretary shall submit to the appropriate congressional committees a report on efforts carried out under this title4 7b7 ,appropriate congressional committees defined ,in this section1 the term appropriate congressional committees means-- 7#a7 the ,committee on ,finance and the ,committee on ,foreign ,relations of the ,senate2 and 7#b7 the ,committee on ,ways and ,means and the ,committee on ,foreign ,affairs of the ,house of ,representatives4 ,b ,trade #a ,re-shoring and near-shoring #baa4 ,sense of ,congress 7a7 ,in general ,it is the sense of ,congress that the re-shoring and near-shoring of industry from ,china into the ,united ,states is in the national security interest of the ,united ,states and therefore falls under the national security exceptions under article ,,xxi of the ,,gatt #aiid4 7b7 ,,gatt #aiid defined ,in this section1 the term ,,gatt #aiid has the meaning given that term in section #b of the ,uruguay ,round ,agreements ,act 7#ai ,u4,s4,c4 #ceja74 #bab4 ,incentives for re-shoring and near-shoring of businesses from ,people's ,republic of ,china 7a7 ,loans and grants 7#a7 ,lending authority 7,a7 ,in general ,the ,secretary may provide loans to covered entities4 7,b7 ,amount ,the total amount of loans that may be provided under subparagraph 7,a7 may not exceed #fj1jjj1jjj1jjj4 7,c7 ,coverage of loans ,loans provided to covered entities under subparagraph 7,a7 may be used for-- 7i7 the costs of moving inventory1 equipment1 and supplies from the ,people's ,republic of ,china to the ,united ,states1 an ,americas partner country1 or another country benefitting from a strategic supply chain identified under section #bed2 7ii7 the costs of training workers in the ,united ,states1 an ,americas partner country1 or a country benefitting from a strategic supply chain identified under section #bed2 7iii7 the costs of constructing facilities in the ,united ,states1 an ,americas partner country1 or a country benefitting from a strategic supply chain identified under section #bed2 7iv7 other costs directly related to re-shoring or near-shoring2 or 7v7 loans1 guarantees1 and other instruments 7excluding grants7 approved by the ,,build ,americas ,unit or the ,americas ,enterprise ,fund designated under section #bec4 7#b7 ,grant authority 7,a7 ,in general ,the ,secretary of ,commerce shall administer a grant program to award grants to covered entities4 7,b7 ,funding ,funding for grants under the grant program required under subparagraph 7,a7 shall be derived solely from the ,re-,shoring and ,near-,shoring ,account established under section #cja4 7#c7 ,administration 7,a7 ,in the ,united ,states ,the ,secretary or the ,secretary of ,commerce1 as the case may be1 may enter into arrangements with commercial banks1 credit unions1 or other entities in the ,united ,states as identified by the ,secretary to administer loans authorized under paragraph 7#a7 or grants authorized under paragraph 7#b7 for covered entities to re-shore4 7,b7 ,outside the ,united ,states ,the ,secretary or the ,secretary of ,commerce1 as the case may be1 may enter into arrangements with the ,,build ,americas ,unit or regional banks to administer loans authorized under paragraph 7#a7 or grants authorized under paragraph 7#b7 for covered entities to near-shore4 7,c7 ,deposit of interest ,the ,secretary shall deposit any profits earned on interest bearing loans authorized under paragraph 7#a7 in the ,re-,shoring and ,near-,shoring ,account established under section #cja4 7,d7 ,report ,not later than one year after the date of the enactment of this ,act1 the ,secretary shall submit to ,congress a report on the progress of the arrangements entered into under this paragraph4 7#d7 ,annual reports 7,a7 ,in general ,not later than one year after the date of the enactment of this ,act1 and annually thereafter1 the ,board of ,governors of each commercial bank with respect to which the ,secretary or the ,secretary of ,commerce has entered into an arrangement under paragraph 7#d7 and the ,,build ,americas ,unit shall submit to the ,under ,secretary a report on the administration by each such entity of loans or grants under this subsection1 including-- 7i7 a description of the loans issued or grants awarded2 7ii7 the repayment rates for any such loans2 7iii7 an assessment of successful re-shoring and near-shoring projects2 7iv7 a description of any lessons learned2 and 7v7 the balance sheets for any such loans4 7,b7 ,transmittal to ,congress ,the ,under ,secretary of ,commerce for ,international ,trade shall include the information provided in reports under subparagraph 7,a7 in the annual report required under section #dja4 7b7 ,duty-,free status ,notwithstanding any other provision of law1 covered entities approved under subsection 7c7 are eligible for a one-time duty-free import of articles into the ,united ,states that are imported for the sole and express purposes of re-shoring or near-shoring4 7c7 ,process for approval 7#a7 ,notice ,an entity that seeks to re-shore or near-shore may submit notice of the intent of the entity to re-shore or near-shore1 as the case may be1 along with such paperwork as the ,secretary may consider appropriate demonstrating that intent4 7#b7 ,approval ,the ,secretary1 in consultation with the ,trade ,representative1 shall approve entities that have submitted notice under paragraph 7#a7 to re-shore or near-shore pursuant to such procedures as the ,secretary considers appropriate4 7#c7 ,use of contractor ,if an entity uses a contract company for the production of goods or services in the ,people's ,republic of ,china1 the approval of the entity under paragraph 7#b7 shall not take effect until the entity notifies the ,secretary and the ,secretary confirms that a replacement contract has been awarded in the ,united ,states or an ,americas partner country4 7d7 ,termination and penalty 7#a7 ,in general ,except as provided in paragraph 7#d71 a covered entity approved under subsection 7c7 to re-shore or near-shore shall have #e years following that approval to complete re-shoring or near-shoring1 as the case may be1 of the business of that entity1 which may include the moving of materials1 personnel1 and production4 7#b7 ,termination of benefits ,except as provided in paragraph 7#d71 a covered entity is not eligible for benefits under this section on or after the date that is #e years after the date on which the entity is approved under subsection 7d74 7#c7 ,penalty ,except as provided in paragraph 7#d71 at the end of the #e-year period under paragraph 7#a71 a covered entity that has not completed the re-shoring or near-shoring1 as the case may be1 of the business of the entity shall owe to the ,united ,states-- 7,a7 the total amount of duties the entity would have owed for imports into the ,united ,states but for the application of subsection 7b72 7,b7 the total amount of any other benefits accrued to the entity under this section1 as determined by the ,secretary in consultation with the ,trade ,representative2 and 7,c7 a penalty equal to #aj percent of the amounts determined under subparagraphs 7,a7 and 7,b74 7#d7 ,extension and waiver ,if the ,secretary determines that extraordinary circumstances exist1 on a case-by-case basis1 the ,secretary may-- 7,a7 extend by a period of two years the deadlines under paragraphs 7#a7 and 7#b72 or 7,b7 waive the amounts owed under paragraph 7#c74 7e7 ,treatment of defaults 7#a7 ,judicial proceedings ,the ,united ,states shall disregard any ruling against a covered entity or a government of an ,americas partner country that pertains to a default on obligations in the ,people's ,republic of ,china relating to re-shoring or near-shoring activities approved under this section4 7#b7 ,international venues ,the ,president shall use the voice and vote of the ,united ,states at multilateral institutions to-- 7,a7 oppose the consideration of defaults on obligations in the ,people's ,republic of ,china relating to re-shoring or near-shoring activities approved under this section when measuring credit ratings of covered entities2 and 7,b7 disregard sovereign debt defaults and other similar actions when measuring credit valuations of ,americas partner countries relating to debts and amounts received from the ,people's ,republic of ,china4 7f7 ,findings and sense of ,congress 7#a7 ,findings ,congress makes the following findings3 7,a7 ,the ,united ,states ,trade ,representative stated in a hearing that1 ,the ,united ,states has repeatedly sought and obtained commitments from ,china1 only to find that follow-through or real change remains elusive44 7,b7 ,the ,government of the ,people's ,republic of ,china continues to apply the rules only when they are beneficial to them4 7#b7 ,sense of ,congress ,it is the sense of ,congress that-- 7,a7 companies approved for re-shoring or near-shoring by the ,secretary should be protected from legal asset forfeiture by the ,people's ,republic of ,china2 and 7,b7 covered entities and transactions by covered entities are subject to the national security exceptions under article ,,xxi of the ,,gatt #aiid 7as defined in section #b of the ,uruguay ,round ,agreements ,act 7#ai ,u4,s4,c4 #ceja774 7g7 ,definitions ,in this section3 7#a7 ,covered entity ,the term covered entity means an entity that has submitted notice of the intent of the entity to re-shore or near-shore under subsection 7c77#a7 and has been approved for re-shoring or near-shoring under subsection 7c77#b74 7#b7 ,secretary ,the term ,secretary means the ,secretary of the ,treasury4 7#c7 ,trade ,representative ,the term ,trade ,representative means the ,united ,states ,trade ,representative4 #bac4 ,tax credit for qualifying re-shoring and near-shoring expenses 7a7 ,in general ,subpart ,d of part ,,iv of subchapter ,a of chapter #a of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new section3 #de;,,bb4 ,qualifying re-shoring and near-shoring expenses 7a7 ,in general ,for purposes of section #ch1 the qualifying re-shoring and near-shoring expense credit for any taxable year is an amount equal to the sum of-- 7#a7 #ej percent of the qualified re-shoring project expenses of the taxpayer1 and 7#b7 #ce percent of the qualified near-shoring project expenses of the taxpayer4 7b7 ,definitions ,for purposes of this section-- 7#a7 ,qualifying re-shoring project expenses 7,a7 ,in general ,the term qualifying re-shoring project expenses means any eligible expenses which are-- 7i7 made pursuant to a qualified re-shoring project1 and 7ii7 certified by the ,secretary under subsection 7c7 as eligible for the credit under this section4 7,b7 ,qualifying re-shoring project ,the term qualifying re-shoring project means a project under which #b_/c or more of the operations of a trade or business of the taxpayer is moved from the ,people's ,republic of ,china to the ,united ,states4 7#b7 ,qualifying near-shoring project expenses 7,a7 ,in general ,the term qualifying near-shoring project expenses means any eligible expenses which are-- 7i7 made pursuant to a qualified near-shoring project1 and 7ii7 certified by the ,secretary under subsection 7c7 as eligible for the credit under this section4 7,b7 ,qualifying near-shoring project ,for purposes of this subpart1 the term qualifying near-shoring project means a project under which #b_/c or more of the operations of a trade or business of the taxpayer is moved from the ,people's ,republic of ,china to an ,americas partner country4 7#c7 ,eligible expenses ,the term eligible expenses means any expenses paid or incurred in connection with moving the operations of the trade or businesses4 7#d7 ,americas partner country ,for purposes of this section1 the term ,americas partner country has the meaning given such term under section #b of the ,americas ,act4 7c7 ,qualifying re-,shoring and near-,shoring project program 7#a7 ,establishment 7,a7 ,in general ,not later than #ahj days after the date of enactment of this section1 the ,secretary1 in consultation with the ,united ,states ,trade ,representative1 shall establish a qualifying re-shoring and near-shoring project program to consider and award certifications for eligible expenses among taxpayers with qualifying re-shoring projects and qualifying near-shoring projects4 7,b7 ,limitation 7i7 ,in general ,the total amount of credits that may be allocated under the program shall not exceed #aj1jjj1jjj1jjj4 7ii7 ,sense of ,congress ,it is the sense of ,congress that the limitation under clause 7i7 should be increased after the date on which the ,secretary notifies the ,committee on ,finance of the ,senate and the ,committee on ,ways and ,means of the ,house of ,representatives that #hj percent of such limitation has been allocated4 7#b7 ,certification 7,a7 ,application period ,each applicant for certification under this paragraph shall submit an application containing such information as the ,secretary may require4 7,b7 ,time for making expenses ,each applicant for certification shall have #e years from the date of acceptance by the ,secretary of the application to pay or incur the eligible expenses certified under the program4 7#c7 ,selection criteria ,in determining which qualifying re-shoring projects and qualifying near-shoring projects to certify under this section1 the ,secretary-- 7,a7 shall take into consideration-- 7i7 projects which create strategic supply chains1 products1 or entities 7as identified under section #bed7;b7 of the ,americas ,act7 within the ,united ,states1 7ii7 projects which create strategic supply chains1 products1 or entities 7as so identified7 within an ,americas partner country1 and 7iii7 projects which create other industries within the ,united ,states or a ,americas partner country1 7,b7 shall take into consideration which projects-- 7i7 will provide the greatest domestic job creation 7both direct and indirect71 7ii7 will create capital investment1 and 7iii7 will increase manufacturing4 7#d7 ,disclosure of allocations ,the ,secretary shall1 upon making a certification under this subsection1 publicly disclose the identity of the applicant and the amount of the credit with respect to such applicant4 7d7 ,recapture 7#a7 ,in general ,if there is an applicable transaction before the close of the #aj-year period beginning with the first day of the taxable year for which a credit is allowed under this section1 then the tax under this chapter for the taxable year in which such transaction occurs shall be increased by the aggregate decrease in the credits allowed under section #ch for all prior taxable years which would have resulted solely from reducing to zero any credit determined under subsection 7a74 7#b7 ,exception ,paragraph 7#a7 shall not apply if the applicable taxpayer demonstrates to the satisfaction of the ,secretary that the applicable transaction has been ceased or abandoned within #de days of a determination and notice by the ,secretary4 7#c7 ,applicable transaction ,the term applicable transaction means1 any significant transaction 7as determined by the ,secretary1 in coordination with the ,secretary of ,commerce and the ,secretary of ,defense7 involving the material expansion in the ,people's ,republic of ,china of the operations of the same or similar a trade or business with respect to which the qualifying re-shoring project or qualifying near-shoring project relates4 7#d7 ,regulations and ,guidance ,the ,secretary shall issue such regulations or other guidance as the ,secretary determines necessary or appropriate to carry out the purposes of this paragraph1 including regulations or other guidance which provide for requirements for recordkeeping or information reporting for purposes of administering the requirements of this paragraph4 7e7 ,denial of double benefit 7#a7 ,in general ,in the case of the amount of the credit determined under this section1 no deduction or credit shall be allowed for such amount under any other provision of this chapter4 7#b7 ,basis adjustment ,for purposes of this subtitle1 if a credit is allowed under this section with respect to any property1 the basis of such property shall be reduced by the amount of the credit so allowed4 7f7 ,regulations ,the ,secretary shall prescribe regulations necessary to carry out the purposes of this section4 4 7b7 ,credit ,to be part of general business credit ,subsection 7b7 of section #ch of the ,internal ,revenue ,code of #aihf is amended by striking plus at the end of paragraph 7#dj71 by striking the period at the end of paragraph 7#da7 and inserting 1 plus1 and by adding at the end the following new paragraph3 7#db7 the qualifying re-shoring and near-shoring expense credit determined under section #de;,,bb7a74 4 7c7 ,clerical amendment ,the table of sections for subpart ,d of part ,,iv of subchapter ,a of chapter #a of such ,code is amended by adding at the end the following new item3 ,sec4 #de;,,bb4 ,qualifying re-shoring and near-shoring expenses4 4 7d7 ,effective date ,the amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after the date of the enactment of this ,act4 #b ,free trade expansion #bba4 ,tariff reciprocity under ,,gatt #aiid 7a7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 the ,united ,states has one of the lowest applied duty rates in the world1 with bound duty rates set in parity to applied rates2 7#b7 in using article ,,xxviii of ,,gatt #aiid to renegotiate bound duty rates1 the ,united ,states can gain flexibility in its tariff schedules1 which will provide certainty to treaty-based tariff countries under free trade agreements and provide maneuverability in the case of egregious behavior by other ,,wto members1 including the ,people's ,republic of ,china2 and 7#c7 having the lowest bound duty rates has resulted in unsustainable trade deficits that have become an issue for the national security of the ,united ,states4 7b7 ,increase of rates and reciprocity 7#a7 ,increase of rates ,the ,trade ,representative shall increase average bound duty rates to reflect reciprocal duty rates on goods listed under the ,harmonized ,tariff ,schedule of the ,united ,states among ,,wto members4 7#b7 ,application ,in increasing bound duty rates under paragraph 7#a71 the ,trade ,representative is not required to raise applied duty rates4 7c7 ,negotiations ,to increase duties 7#a7 ,in general ,the ,trade ,representative shall commence negotiations under article ,,xxviii of ,,gatt #aiid to increase bound duty rates on all goods4 7#b7 ,prioritizing ,in carrying out negotiations under paragraph 7#a71 the ,trade ,representative shall-- 7,a7 prioritize the increase of bound duty rates on-- 7i7 goods entering the ,united ,states from countries identified as bad faith actors by the ,secretary of the ,treasury for exclusion of deminimis access2 and 7ii7 goods entering the ,united ,states causing significant harm to industry in the ,united ,states1 as determined by the ,trade ,representative2 and 7,b7 commit to increase rates of duties on imports into the ,united ,states if other countries do not decrease their rates in line with those rates in ,schedule ,,xx1 including through consideration of national averages of duty reciprocity4 7d7 ,definitions ,in this section3 7#a7 ,applied duty rate ,the term applied duty rate means the actual duty rate applied to a good4 7#b7 ,bound duty rate ,the term bound duty rate means the maximum duty rate that may be applied to a good4 7#c7 ,,gatt #aiid2 ,schedule ,,xx2 ,,wto member ,the terms ,,gatt #aiid1 ,schedule ,,xx1 and ,,wto member have the meanings given those terms in section #b of the ,uruguay ,round ,agreements ,act 7#ai ,u4,s4,c4 #ceja74 7#d7 ,trade ,representative ,the term ,trade ,representative means the ,united ,states ,trade ,representative4 #bbb4 ,expansion of ,,usmca or establishment of other regional trade agreement 7a7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 the ,,usmca represents the gold standard for trade agreements1 to which other trade agreements should aspire2 7#b7 the accession of additional high-standard economies to the ,,usmca would represent a benefit both to the ,western ,hemisphere and to the ,united ,states2 7#c7 the periodic review of the ,,usmca required in #bjbf represents an opportunity to negotiate with ,,usmca countries to create an adhesion mechanism for advanced economies in the ,western ,hemisphere to join the ,,usmca2 7#d7 ,costa ,rica and ,uruguay1 both high-income countries as defined by the ,world ,bank1 represent ideal candidates to pilot an accession process for the ,,usmca1 due to-- 7,a7 the stated desire of those countries to join the ,,usmca2 7,b7 the advanced state of the economies of those countries as determined by the ,organisation for ,economic ,co-operation and ,development2 and 7,c7 the comparatively small nature of the populations and economies of those countries2 7#e7 the ,united ,states1 working closely with ,,usmca countries and other free trade agreement partners in the ,western ,hemisphere1 should study the potential benefits of aligning rules of origin and allowing for cumulation in strategically selected sectors2 and 7#f7 unless expressly stated otherwise1 no ,americas partner country will be required to join the ,,usmca as a condition of accepting any benefits afforded to ,americas partner countries under this ,act4 7b7 ,development of accession mechanism 7#a7 ,in general ,the ,united ,states ,trade ,representative1 in conducting the periodic review of the ,,usmca required to be conducted in #bjbf1 may seek agreement with ,,usmca countries to develop a mechanism for accession of additional countries to the ,,usmca4 7#b7 ,treatment of textiles and apparel goods 7,a7 ,rules of origin ,for purposes of the accession to the ,,usmca pursuant to the mechanism developed under paragraph 7#a71 the rules of origin under the ,,usmca for textile and apparel goods shall not go into effect or otherwise be applicable to textile and apparel goods of an ,americas partner country that accedes to the ,,usmca during-- 7i7 the #ae-year period following formal accession of that country to the ,,usmca2 and 7ii7 an additional #e-year period if determined appropriate pursuant to the study conducted under subparagraph 7,b74 7,b7 ,study on textile and apparel impact ,not later than #ab years after the accession of an ,americas partner country to the ,,usmca pursuant to the mechanism developed under paragraph 7#a71 the ,united ,states ,international ,trade ,commission shall commission a study to analyze the negative and positive impacts of that accession on-- 7i7 the textile and apparel sector of the country that joined the ,,usmca2 7ii7 the ,united ,states textile and apparel sector2 7iii7 the textile and apparel sectors of all countries that are ,americas partner countries at the time when the study is commissioned2 and 7iv7 the textile and apparel sectors of all six ,latin ,american and ,caribbean countries that belonged to the ,dominican ,republic-,central ,america-,united ,states ,free ,trade ,agreement as of ,february #bjbd1 referring to ,costa ,rica1 the ,dominican ,republic1 ,el ,salvador1 ,guatemala1 ,honduras1 and ,nicaragua4 7c7 ,study 7#a7 ,in general ,the ,secretary of the ,treasury shall conduct a study on the feasibility and advisability of expanding the ,,usmca or carrying out other trade-related approaches for-- 7,a7 harmonization2 7,b7 cumulation2 7,c7 co-creation2 and 7,d7 intra-regional trade1 investment1 and standards harmonization4 7#b7 ,report ,not later than one year after the date of the enactment of this ,act1 the ,secretary of the ,treasury shall submit to ,congress a report on the study conducted under paragraph 7#a74 7d7 ,sense of ,congress ,it is the sense of ,congress that ,americas partner countries that benefit from free trade agreements with the ,united ,states or trade preferences programs of the ,united ,states will retain the benefits and responsibilities of those agreements until and unless they accede to the ,,usmca through the process developed pursuant to this section4 #bbc4 ,americas ,partnership ,threshold ,program 7a7 ,in general ,there is established within the ,department of ,commerce a program to be known as the ,americas ,partnership ,threshold ,program under which the ,secretary of ,commerce shall work with ,americas partner countries that express an interest in potentially acceding to the ,,usmca-- 7#a7 to prepare those countries for a possible process for accession to the ,,usmca2 7#b7 to bring those countries up to the standards of the ,,usmca2 and 7#c7 no ,americas partner country will be required to join the ,,usmca as a condition of accepting benefits under this section4 7b7 ,assessment 7#a7 ,in general ,in carrying out the program required under subsection 7a71 the ,united ,states ,trade ,representative shall conduct an assessment of each ,americas partner country related to the trade-related standards of each such country1 which shall include-- 7,a7 an identification of shortcomings that would impede accession to the ,,usmca2 and 7,b7 a programmatic strategy to bring each such country into compliance with the standards of the ,,usmca4 7#b7 ,submission of assessment ,the ,united ,states ,trade ,representative shall submit any assessment conducted under paragraph 7#a7 to-- 7,a7 the ,deputy ,under ,secretary of ,commerce for ,international ,trade and the ,executive ,secretariat of the ,department of ,commerce2 and 7,b7 the ,committee on ,finance of the ,senate and the ,committee on ,ways and ,means of the ,house of ,representatives4 7c7 ,administration ,the ,secretary of ,commerce1 in coordination with the ,secretary of ,state and the ,administrator of the ,united ,states ,agency for ,international ,development1 shall implement this section through acquisition or assistance mechanisms4 7d7 ,funding ,amounts required to carry out this section shall be derived from the ,re-,shoring and ,near-,shoring ,account established under section #cja4 #bbd4 ,expansion of beneficiaries under ,united ,states-,caribbean ,basin ,trade ,partnership ,act 7a7 ,sense of ,congress ,it is the sense of ,congress that trade preferences under the ,caribbean ,basin ,economic ,recovery ,act 7#ai ,u4,s4,c4 #bgja et seq47 should be extended to ,americas partner countries that do not benefit from any trade preference agreement with the ,united ,states as a stop-gap measure before accession to the ,,usmca or another regional trade agreement under section #bbb4 7b7 ,expansion 7#a7 ,in general ,section #bac7;b77#e77;,b7 of the ,caribbean ,basin ,economic ,recovery ,act 7#ai ,u4,s4,c4 #bgjc7;b77#e77;,b77 is amended-- 7,a7 in the matter preceding clause 7i7-- 7i7 by striking means any and inserting means ,uruguay1 ,ecuador1 and any2 and 7ii7 by inserting or ,americas partner country1 as defined in section #b of the ,americas ,act1 before which the ,president2 and 7,b7 in clause 7i71 in the matter preceding subclause 7,i71 by striking beneficiary4 7#b7 ,negotiation ,in negotiating any expansion to trade preferences under the ,caribbean ,basin ,economic ,recovery ,act 7#ai ,u4,s4,c4 #bgja et seq471 the ,united ,states ,trade ,representative shall exclude preferences for goods that harm producers in the ,united ,states4 #bbe4 ,exclusion of certain countries from certain preferential trade treatment ,notwithstanding any other provision of law1 countries that are members of the ,bolivarian ,alliance for the ,peoples of ,our ,america1 as determined by the ,president1 are ineligible for preferential trade treatment pursuant to-- 7#a7 section #bac7;b7 of the ,caribbean ,basin ,economic ,recovery ,act 7#ai ,u4,s4,c4 #bgjc7;b772 7#b7 any provision of1 or amendment made by1 this ,act2 and 7#c7 any free trade agreement with respect to which the ,united ,states is a party4 #bbf4 ,extension of trade promotion authority to ,americas partner countries for purposes of expansion of ,,usmca 7a7 ,agreements regarding tariff barriers 7#a7 ,in general ,for purposes of advancing trade with ,americas partner countries1 whenever the ,president determines that one or more existing duties or other import restrictions of an ,americas partner country or the ,united ,states are unduly burdening and restricting the foreign trade of the ,united ,states and that the purposes1 policies1 priorities1 and objectives of expanding the ,,usmca to include that country will be promoted thereby1 the ,president-- 7,a7 may enter into trade agreements with an ,americas partner country for the purposes of the accession of that country into the ,,usmca2 and 7,b7 may proclaim such modification or continuance of any existing duty1 such continuance of existing duty free or excise treatment1 or such additional duties as the ,president determines to be required or appropriate to carry out that trade agreement4 7#b7 ,congressional approval ,the ,president shall seek approval from ,congress to enter into a trade agreement under this subsection4 7b7 ,agreements regarding tariff and nontariff barriers 7#a7 ,agreements 7,a7 ,in general ,whenever the ,president determines that one or more existing duties or any other import restriction of an ,americas partner country or the ,united ,states or any other barrier to1 or other distortion of1 international trade unduly burdens or restricts the foreign trade of the ,united ,states or adversely affects the ,united ,states economy or the imposition of any such barrier or distortion is likely to result in such a burden1 restriction1 or effect1 and that the purposes1 policies1 priorities1 and objectives of expanding the ,,usmca to include that country will be promoted thereby1 the ,president may enter into a trade agreement described in subparagraph 7,b74 7,b7 ,trade agreement described ,a trade agreement described in this subparagraph is a trade agreement with an ,americas partner country or ,americas partner countries providing for-- 7i7 the reduction or elimination of a duty1 restriction1 barrier1 or other distortion2 or 7ii7 the prohibition of1 or limitation on the imposition of1 such barrier or other distortion4 7#b7 ,conditions ,a trade agreement may be entered into under this subsection only if such agreement makes progress in meeting the objectives of the ,,usmca and the ,caribbean ,basin ,economic ,recovery ,act 7#ai ,u4,s4,c4 #bgja et seq474 7#c7 ,bills qualifying for trade authorities procedures 7,a7 ,in general ,the provisions of section #aea of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #baia7 apply to a bill of either ,house of ,congress that contains provisions described in subparagraph 7,b7 to the same extent as such section #aea applies to implementing bills under that section4 7,b7 ,provisions described ,the provisions described in this subparagraph are-- 7i7 a provision approving a trade agreement entered into under this subsection and approving the statement of administrative action1 if any1 proposed to implement such trade agreement2 and 7ii7 if changes in existing laws or new statutory authority are required to implement that trade agreement1 only those provisions as are strictly necessary or appropriate to implement that trade agreement1 either repealing or amending existing laws or providing new statutory authority4 7c7 ,negotiations 7#a7 ,in general ,the ,president may carry out negotiations with ,americas partner countries for purposes of entering into a trade agreement under this section4 7#b7 ,sectors ,sectors included in negotiations under paragraph 7#a7 shall include agriculture1 critical minerals1 commercial services1 intellectual property rights1 industrial and capital goods1 government procurement1 information technology products1 environmental technology and services1 medical equipment and services1 civil aircraft1 digital products and services1 emerging technologies1 and infrastructure products4 7#c7 ,consideration of negotiating objectives ,in conducting negotiations under paragraph 7#a71 the ,president shall take into account all of the negotiating objectives set forth in section #ajb of the ,bipartisan ,congressional ,trade ,priorities and ,accountability ,act of #bjae 7#ai ,u4,s4,c4 #dbja74 7d7 ,annual report ,not later than #ahj days after the date of the enactment of this ,act1 and annually thereafter1 the ,president shall submit to the ,committee on ,finance of the ,senate and the ,committee on ,ways and ,means of the ,house of ,representatives a report on the implementation of this section1 including-- 7#a7 a description of any negotiations entered into with countries that seek to accede to the ,,usmca2 7#b7 a description of any negotiations entered into with countries that seek to be a ,,cbtpa beneficiary country1 as defined in section #bac7;b77#e7 of the ,caribbean ,basin ,economic ,recovery ,act 7#ai ,u4,s4,c4 #bgjc7;b77#e771 as amended by section #bbd2 7#c7 a description of any trade agreements entered into pursuant to the authority under this section2 and 7#d7 a full list of duties and duty-free items under trade agreements entered into pursuant to the authority under this section4 #c ,textile and apparel #bca4 ,textile and apparel grant program 7a7 ,in general ,the ,secretary of ,commerce shall establish a program under which the ,secretary shall award grants to textile or apparel manufacturers that either have their headquarters in the ,united ,states or in an ,americas partner country or that are determined by the ,secretary to have a significant presence in an ,americas partner country to help offset the considerable financial resources needed to expand or modernize domestic textile and apparel supply chain capacity4 7b7 ,use of grant amounts ,a textile or apparel manufacturer in receipt of a grant awarded under this section shall use the amounts of that grant for new facilities or equipment1 to retool old equipment1 or to create or expand operations for textile and apparel production in the ,united ,states or an ,americas partner country4 7c7 ,administration ,in carrying out this section1 the ,secretary-- 7#a7 shall permit advances of grant amounts to manufacturers-- 7,a7 prior to making qualifying expenditures2 or 7,b7 as qualifying expenditures are made2 7#b7 shall require a manufacturer to comply with safety1 labor1 and environmental standards specified by the ,secretary1 in consultation with the ,secretary of ,labor1 the ,administrator of the ,environmental ,protection ,agency1 and the ,director of the ,national ,institute of ,standards and ,technology2 and 7#c7 may scale the amount of a grant depending on incremental employment achieved by the manufacturer4 7d7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary #aje1jjj1jjj for each of the fiscal years #bjbe through #bjbi to carry out the program under this section4 ,amounts authorized to be appropriated under this subsection are authorized to be obligated and expended in both the ,united ,states and in ,americas partner countries4 #bcb4 ,textile reuse and recycling programs 7a7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 textiles make up more than #aj percent of global greenhouse gas emissions2 and 7#b7 textiles are the single most common product made with slave labor in the ,people's ,republic of ,china4 7b7 ,priority access to grants and loans for textile reuse and recycling ,the ,secretary of the ,treasury shall give priority access to grants or loans of amounts under the ,re-,shoring and ,near-,shoring ,account established under section #cja for persons seeking to carry out programs to reuse or recycle covered products4 7c7 ,manufacturing support programs 7#a7 ,facilities and transport 7,a7 ,in general ,the ,secretary of ,commerce shall establish a program under which the ,secretary provides grants and loans for the purpose of establishing new or expanding or retrofitting existing facilities and providing low-carbon emissions transportation for collection1 drop off or mail back1 sorting1 pre-processing1 reuse1 or recycling of covered products4 7,b7 ,authorization of appropriations ,there is authorized to be appropriated #bej1jjj1jjj to carry out the program required under subparagraph 7,a74 7#b7 ,provision of components and machinery 7,a7 ,in general ,the ,secretary of ,commerce shall establish a program under which the ,secretary provides grants and loans to entities for the provision of components1 chemicals1 solvents1 or machinery necessary for the transportation1 collection1 mail back1 sorting1 pre-processing1 reuse1 or recycling of covered products4 7,b7 ,authorization of appropriations ,there is authorized to be appropriated #bej1jjj1jjj to carry out the program required under subparagraph 7,a74 7d7 ,innovation program 7#a7 ,in general ,the ,president shall carry out an innovation program for research and development related to textile reuse and recycling4 7#b7 ,authorization of appropriations ,there is authorized to be appropriated #bej1jjj1jjj to carry out the innovation program required under paragraph 7#a74 7e7 ,public education program 7#a7 ,in general ,the ,president shall carry out a public education program on the dangers of fast fashion4 7#b7 ,authorization of appropriations ,there is authorized to be appropriated #ej1jjj1jjj to carry out the public education program required under paragraph 7#a74 7f7 ,recycled certification process ,for purposes of carrying out this section1 the ,president shall ensure that all recycled finished textiles are certified under a globally recognized independent third-party assurance process4 7g7 ,funding ,the ,secretary of ,state may expend such sums as may be necessary from the ,re-shoring and ,near-shoring ,account established under section #cja to carry out this section4 7h7 ,definitions ,in this section3 7#a7 ,covered product ,the term covered product means-- 7,a7 textiles that are no longer wanted by an individual after purchase or cannot be sold by a business through retail2 7,b7 recycled secondary textile raw materials and fibers2 or 7,c7 recycled finished textile products4 7#b7 ,pre-processing ,the term pre-processing1 with respect to a covered product1 means preparing that product to be fit for recycling1 which may include detrimming or other manual1 mechanical1 or chemical means4 7#c7 ,recycle 7,a7 ,in general ,the term recycle1 with respect to covered products1 means significantly transforming those products into new finished or unfinished goods for use of those products in that form4 7,b7 ,transformation ,a transformation under subparagraph 7,a7 can take place through the deconstruction of a covered product for use in manufacturing new materials out of that product1 whether through mechanical or advanced recycling methods4 7,c7 ,certification ,a covered product qualifies as a recycled good for purposes of this paragraph as certified by a globally recognized independent third-party assurance process managed according to the waste hierarchy for waste management developed by the ,united ,nations and the ,environmental ,protection ,agency4 7#d7 ,reuse ,the term reuse1 with respect to covered products that are finished textile goods1 means resale1 repair1 rental1 or upcycling 7also known as remanufacturing7 of those goods4 7#e7 ,sorting ,the term sorting1 with respect to covered products1 means manually or mechanically sorting those products for reuse or recycling4 7#f7 ,textile ,the term textile means apparel1 footwear1 accessories1 and household linens4 #bcc4 ,textile production verification teams 7a7 ,in general ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall deploy to ,americas partner countries permanent textile production verification teams to ensure the integrity of the textile supply chains of those countries4 7b7 ,visits 7#a7 ,countries ,textile production verification teams under subsection 7a7 shall by deployed to an ,americas partner country not less frequently than once each year4 7#b7 ,companies ,textile production verification teams under subsection 7a7 may not visit the same company in consecutive visits to a country unless following up on a previous positive determination of malfeasance4 #bcd4 ,tax benefits for apparel and home textile products 7a7 ,exclusion of income from sales of certain products 7#a7 ,in general ,part ,,iii of subchapter ,b of chapter #a of the ,internal ,revenue ,code of #aihf is amended by inserting after section #aci;,i the following new sections3 #aci;,j4 ,sales of finished textile products imported from qualifying ,western ,hemisphere countries 7a7 ,in general ,in the case of a corporation1 gross income shall not include any income from the qualifying domestic sale of qualified finished textile products4 7b7 ,qualifying domestic sale ,for purposes of this section-- 7#a7 ,in general ,the term qualifying domestic sale means any sale or exchange within the ,united ,states4 7#b7 ,related persons 7,a7 ,in general ,such term shall not include any sale to a related person4 7,b7 ,related person ,for purposes of subparagraph 7,a71 a person shall be treated as related to another person if such persons are treated as a single employer under subsection 7a7 or 7b7 of section #eb or subsection 7m7 or 7o7 of section #dad1 except that determinations under subsections 7a7 and 7b7 of section #eb shall be made without regard to section #aefc7;b74 7c7 ,qualified finished textile products ,for purposes of this section-- 7#a7 ,in general ,the term qualified finished textile products means any inventory property 7as defined in section #hfe7;i77#a77 which-- 7,a7 is a finished textile product1 and 7,b7 is-- 7i7 an originating good under section #bjb7;c7 of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act 7#ai ,u4,s4,c4 #deca71 section #bjc7;b7 of the ,dominican ,republic-,central ,america-,united ,states ,free ,trade ,agreement ,implementation ,act 7#ai ,u4,s4,c4 #djcc7;b771 or a comparable provision of an ,act to implement a free trade agreement between the ,united ,states and a qualifying ,western ,hemisphere country1 or 7ii7 an eligible article under section #bac of the ,caribbean ,basin ,economic ,recovery ,act 7#ai ,u4,s4,c4 #bgjc74 7#b7 ,finished textile product ,the term finished textile product means a product put up for retail sale that is-- 7,a7 classifiable under chapters #ej through #fc of the ,harmonized ,tariff ,schedule of the ,united ,states2 or 7,b7 any textile-based product contained in chapter #ci1 #db1 #fd1 #fe1 #ff1 #gj1 #id1 or #if of the ,harmonized ,tariff ,schedule of the ,united ,states4 7#c7 ,qualifying ,western ,hemisphere country ,the term qualifying ,western ,hemisphere country means any country-- 7,a7 which is located in the ,western ,hemisphere1 and 7,b7 with which the ,united ,states has a free trade agreement in effect4 #aci,k4 ,textile fiber products exported to qualifying ,western ,hemisphere countries 7a7 ,in general ,in the case of a corporation1 gross income shall not include any income from the qualifying foreign sale of any qualified textile fiber product4 7b7 ,qualifying foreign sale ,for purposes of this section-- 7#a7 ,in general ,the term qualifying foreign sale means any sale or exchange which the taxpayer establishes to the satisfaction of the ,secretary is for any use1 disposition1 or consumption within a qualifying ,western ,hemisphere country 7as defined in section #aci;,j74 7#b7 ,special rules ,for purposes of this subsection1 rules similar to the rules of subparagraphs 7,b77i7 and 7,c77i7 of section #bej7;b77#e7 shall apply4 7c7 ,qualified textile fiber product ,for purposes of this section-- 7#a7 ,in general ,the term qualifying textile fiber product means any inventory property 7as defined in section #hfe7;i77#a77 which-- 7,a7 is a textile fiber product2 and 7,b7 is-- 7i7 an originating good under section #bjb7;c7 of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act 7#ai ,u4,s4,c4 #deca71 section #bjc7;b7 of the ,dominican ,republic-,central ,america-,united ,states ,free ,trade ,agreement ,implementation ,act 7#ai ,u4,s4,c4 #djcc7;b771 or a comparable provision of an ,act to implement a free trade agreement between the ,united ,states and a qualifying ,western ,hemisphere country2 or 7ii7 an eligible article under section #bac of the ,caribbean ,basin ,economic ,recovery ,act 7#ai ,u4,s4,c4 #bgjc74 7#b7 ,textile fiber product ,the term textile fiber product means a product put up for sale that is-- 7,a7 classifiable under any of chapters #ej through #fc of the ,harmonized ,tariff ,schedule of the ,united ,states2 or 7,b7 a textile-based product contained in chapter #ci1 #db1 #fd1 #fe1 #ff1 #gj1 #id1 or #if of the ,harmonized ,tariff ,schedule of the ,united ,states4 4 7#b7 ,net operating losses ,section #agb7;d7 of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new paragraph3 7#aj7 ,exclusions for certain textile products ,gross income shall be determined without regard to section #aci;,j and #aci,k4 4 7#c7 ,clerical amendment ,the table of sections for part ,,iii of subchapter ,b of chapter #a of such ,code is amended by inserting after the item relating to section #aci;,i the following new items3 ,sec4 #aci;,j4 ,sales of finished textile products imported from qualifying ,western ,hemisphere countries4 ,sec4 #aci,k4 ,textile fiber products exported to qualifying ,western ,hemisphere countries4 4 7#d7 ,effective date ,the amendments made by this subsection shall apply to taxable years beginning after the date of the enactment of this ,act4 7b7 ,deduction for domestic production of textile fiber products 7#a7 ,in general ,part ,,viii of subchapter ,b of chapter #a of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new section3 #bea4 ,income attributable to domestic textile production activities 7a7 ,in general ,in the case of a corporation1 there shall be allowed as a deduction an amount equal to #i percent of the lesser of-- 7#a7 the qualified textile production activities income of the taxpayer for the taxable year1 or 7#b7 taxable income 7determined without regard to this section7 for the taxable year4 7b7 ,deduction limited to wages paid 7#a7 ,in general ,the amount of the deduction allowable under subsection 7a7 for any taxable year shall not exceed #ej percent of the ,w-#b wages of the taxpayer for the taxable year4 7#b7 ,w-#b wages ,for purposes of this section-- 7,a7 ,in general ,the term ,w-#b wages means1 with respect to any person for any taxable year of such person1 the sum of the amounts described in paragraphs 7#c7 and 7#h7 of section #fjea7;a7 paid by such person with respect to employment of employees by such person during the calendar year ending during such taxable year4 7,b7 ,limitation to wages attributable to domestic textile production ,such term shall not include any amount which is not properly allocable to domestic textile production gross receipts for purposes of subsection 7c77#a74 7,c7 ,return requirement ,such term shall not include any amount which is not properly included in a return filed with the ,social ,security ,administration on or before the #fjth day after the due date 7including extensions7 for such return4 7#c7 ,acquisitions1 dispositions1 and short taxable years ,the ,secretary shall provide for the application of this subsection in cases of a short taxable year or where the taxpayer acquires1 or disposes of1 the major portion of a trade or business or the major portion of a separate unit of a trade or business during the taxable year4 7c7 ,qualified textile production activities income ,for purposes of this section-- 7#a7 ,in general ,the term qualified textile production activities income for any taxable year means an amount equal to the excess 7if any7 of-- 7,a7 the taxpayer's domestic textile production gross receipts for such taxable year1 over 7,b7 the sum of-- 7i7 the cost of goods sold that are allocable to such receipts1 and 7ii7 other expenses1 losses1 or deductions 7other than the deduction allowed under this section71 which are properly allocable to such receipts4 7#b7 ,allocation method ,the ,secretary shall prescribe rules for the proper allocation of items described in paragraph 7#a7 for purposes of determining qualified textile production activities income4 ,such rules shall provide for the proper allocation of items whether or not such items are directly allocable to domestic textile production gross receipts4 7#c7 ,special rules for determining costs 7,a7 ,in general ,for purposes of determining costs under clause 7i7 of paragraph 7#a77;,b71 any item or service brought into the ,united ,states shall be treated as acquired by purchase1 and its cost shall be treated as not less than its value immediately after it entered the ,united ,states4 ,a similar rule shall apply in determining the adjusted basis of leased or rented property where the lease or rental gives rise to domestic textile production gross receipts4 7,b7 ,exports for further manufacture ,in the case of any property described in subparagraph 7,a7 that had been exported by the taxpayer for further manufacture1 the increase in cost or adjusted basis under subparagraph 7,a7 shall not exceed the difference between the value of the property when exported and the value of the property when brought back into the ,united ,states after the further manufacture4 7#d7 ,domestic textile production gross receipts 7,a7 ,in general ,the term domestic textile production gross receipts means the gross receipts of the taxpayer which are derived from any lease1 rental1 license1 sale1 exchange1 or other disposition of textile fiber product 7as defined in section #aci,k7 which was manufactured1 produced1 or grown by the taxpayer in whole or in significant part within the ,united ,states4 7,b7 ,exception ,such term shall not include any gross receipts-- 7i7 from the qualifying foreign sale 7as defined in section #aci,k7 of qualifying textile fiber products 7as defined in such section71 or 7ii7 from activities described in section #aii;,b7b77#a77;,a74 7,c7 ,special rule for certain government contracts ,gross receipts derived from the manufacture or production of any property described in subparagraph 7,a7 shall be treated as meeting the requirements of subparagraph 7,a7 if-- 7i7 such property is manufactured or produced by the taxpayer pursuant to a contract with the ,federal ,government1 and 7ii7 the ,federal ,acquisition ,regulation requires that title or risk of loss with respect to such property be transferred to the ,federal ,government before the manufacture or production of such property is complete4 7,d7 ,partnerships owned by expanded affiliated groups ,for purposes of this paragraph1 if all of the interests in the capital and profits of a partnership are owned by members of a single expanded affiliated group at all times during the taxable year of such partnership1 the partnership and all members of such group shall be treated as a single taxpayer during such period4 7#e7 ,related persons 7,a7 ,in general ,the term domestic textile production gross receipts shall not include any gross receipts of the taxpayer derived from property leased1 licensed1 or rented by the taxpayer for use by any related person4 7,b7 ,related person ,for purposes of subparagraph 7,a71 a person shall be treated as related to another person if such persons are treated as a single employer under subsection 7a7 or 7b7 of section #eb or subsection 7m7 or 7o7 of section #dad1 except that determinations under subsections 7a7 and 7b7 of section #eb shall be made without regard to section #aefc7;b74 7d7 ,definitions and special rules 7#a7 ,special rule for affiliated groups 7,a7 ,in general ,all members of an expanded affiliated group shall be treated as a single corporation for purposes of this section4 7,b7 ,expanded affiliated group ,for purposes of this section1 the term expanded affiliated group means an affiliated group as defined in section #aejd7;a71 determined-- 7i7 by substituting more than #ej percent for at least #hj percent each place it appears1 and 7ii7 without regard to paragraphs 7#b7 and 7#d7 of section #aejd7;b74 7,c7 ,allocation of deduction ,except as provided in regulations1 the deduction under subsection 7a7 shall be allocated among the members of the expanded affiliated group in proportion to each member's respective amount 7if any7 of qualified textile production activities income4 7#b7 ,trade or business requirement ,this section shall be applied by only taking into account items which are attributable to the actual conduct of a trade or business4 7#c7 ,unrelated business taxable income ,for purposes of determining the tax imposed by section #eaa1 subsection 7a77#a77;,b7 shall be applied by substituting unrelated business taxable income for taxable income4 7#d7 ,regulations ,the ,secretary shall prescribe such regulations as are necessary to carry out the purposes of this section1 including regulations which prevent more than #a taxpayer from being allowed a deduction under this section with respect to any activity described in subsection 7c77#d77;,a74 4 7#b7 ,conforming amendments 7,a7 7i7 ,section #gd7;d77#b77;,b7 of the ,internal ,revenue ,code of #aihf is amended by inserting #bea1 after #bba14 7ii7 ,section #bdf7;b77#a7 of such ,code is amended by inserting #bea1 after #bdc7;a77#a714 7iii7 ,section #dfi7;i77#c77;,e77iii7 of such ,code is amended by inserting #bea1 after #bej14 7,b7 ,section #agj7;b77#b77;,d7 of such ,code is amended by striking the period at the end of clause 7v7 and inserting 1 and and by adding at the end the following new clause3 7vi7 section #bea4 4 7,c7 ,section #agb7;d7 of such ,code1 as amended by this ,act1 is amended by adding at the end the following new paragraph3 7#aa7 ,the deduction under section #bea shall not be allowed4 4 7#c7 ,clerical amendment ,the table of sections for part ,,viii of subchapter ,b of chapter #a of such ,code is amended by adding at the end the following new item3 ,sec4 #bea4 ,income attributable to domestic textile production activities4 4 7#d7 ,effective date ,the amendments made by this subsection shall apply to taxable years beginning after the date of the enactment of this ,act4 7c7 ,deduction for reused and recycled textiles 7#a7 ,in general ,part ,,vi of subchapter ,b of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new section3 #aii;,b4 ,textile reuse and recycling activity income 7a7 ,in general ,there shall be allowed a deduction equal to #ae percent of the qualified textile reuse and recycling activity income of the taxpayer for the taxable year4 7b7 ,qualified textile reuse and recycling activity income ,for purposes of this section-- 7#a7 ,in general ,the term qualified textile reuse and recycling activity income means the excess 7if any7 of-- 7,a7 the gross income of the taxpayer derived in the course of a trade or business from-- 7i7 the resale1 repair1 rental1 or remanufacturing of finished textile products1 7ii7 the transformation of otherwise unsalable textile fiber products into new finished or unfinished goods1 7iii7 the collection of textile fiber products1 7iv7 the sorting of finished textile products and textile fiber products for activities described in clause 7i7 or 7ii71 and 7v7 the preparation of textile fiber products for activities described in clause 7ii71 over 7,b7 the deductions 7including taxes7 properly allocable to such gross income4 7#b7 ,finished textile products ,the term finished textile products has the meaning given such term under section #aci;,j7c74 7#c7 ,textile fiber products ,the term textile fiber products has the meaning given such term under section #aci,k7c74 7c7 ,special rules 7#a7 ,application to partnerships and ,s corporations ,in the case of a partnership or ,s corporation-- 7,a7 this section shall be applied at the partner or shareholder level1 and 7,b7 each partner or shareholder shall take into account such person's allocable share of each qualified item of income1 gain1 deduction1 and loss4 7#b7 ,coordination with minimum tax ,for purposes of determining alternative minimum taxable income under section #ee1 qualified textile reuse and recycling activity income shall be determined without regard to any adjustments under sections #ef through #ei4 4 7#b7 ,coordination with deduction for qualified business income ,section #aii;,a7c77#c77;,b7 of the ,internal ,revenue ,code of #aihf is amended by redesignating clause 7vii7 as clause 7viii7 and by inserting after clause 7vi7 the following new clause3 7vii7 ,any item of income1 gain1 deduction1 or loss taken into account under section #aii;,b7b77#a74 4 7#c7 ,conforming amendments 7,a7 7i7 ,section #gd7;d77#b77;,b7 of the ,internal ,revenue ,code of #aihf is amended by inserting #aii;,b1 after #acg14 7ii7 ,section #hf7;b77#b77;,a7 of such ,code is amended by inserting #aii;,b1 after #acg14 7iii7 ,section #ace7;c77#d77;,a7 of such ,code is amended by inserting #aii;,b1 after #acg14 7iv7 ,section #acg7;b77#c77;,a7 of such ,code is amended by inserting #aii;,b1 before #bba14 7v7 ,section #bai7;g77#c77;,a77ii7 of such ,code is amended by inserting #aii;,b1 after #acg14 7vi7 ,section #bba7;b77#b77;,c77i7 of such ,code is amended by inserting #aii;,b1 before #iaa14 7vii7 ,section #bdf7;b77#a7 of such ,code is amended by inserting #aii;,b1 after #aii;,a14 7viii7 ,section #dfi7;i77#c77;,e77iii7 of such ,code is amended by inserting #aii;,b1 before #bai14 7,b7 ,section #agj7;b77#b77;,d7 of such ,code1 as amended by subsection 7b71 is amended by striking the period at the end of clause 7vi7 and inserting 1 and and by adding at the end the following new clause3 7vii7 section #aii;,b4 4 7,c7 ,section #agb7;d7 of such ,code1 as amended by subsection 7b71 is amended by adding at the end the following new paragraph3 7#ab7 ,the deduction under section #aii;,b shall not be allowed4 4 7#d7 ,clerical amendment ,the table of sections for part ,,vi of subchapter ,b of chapter #a of such ,code is amended by adding at the end the following new item3 ,sec4 #aii;,b4 ,textile reuse and recycling activity income4 4 7#e7 ,effective date ,the amendments made by this subsection shall apply to taxable years beginning after the date of the enactment of this ,act4 #d ,trade enforcement #bda4 ,establishment of special enforcement unit of ,u4,s4 ,customs and ,border ,protection to monitor the implementation of ,uyghur ,forced ,labor ,prevention ,act 7a7 ,establishment ,there is established in the ,office of ,international ,affairs of ,u4,s4 ,customs and ,border ,protection a special enforcement unit tasked with monitoring the implementation by the ,united ,states of the ,act entitled ,an ,act to ensure that goods made with forced labor in the ,xinjiang ,autonomous ,region of the ,people's ,republic of ,china do not enter the ,united ,states market1 and for other purposes1 approved ,december #bc1 #bjba 7,public ,law #aag-gh2 #ace ,stat4 #aebe7 7commonly referred to as the ,uyghur ,forced ,labor ,prevention ,act74 7b7 ,coordination ,the special enforcement unit established under subsection 7a7 shall coordinate with the trade remedy law enforcement unit of ,u4,s4 ,customs and ,border ,protection4 7c7 ,staff 7#a7 ,agents ,the special enforcement unit established under subsection 7a7 may deploy agents as necessary for the effective functioning of the unit4 7#b7 ,positions at embassies ,the special enforcement unit established under subsection 7a7 may deploy permanent ,,nsdd-#ch positions stationed at each embassy of the ,united ,states in an ,americas partner country for the coordination of the efforts of the unit4 #bdb4 ,authorization of payments to whistleblowers relating to money laundering or illicit financial transactions ,the ,executive ,associate ,director of ,homeland ,security ,investigations may pay to whistleblowers who disclose to the ,secretary of ,homeland ,security any violations of laws prohibiting money laundering or illicit financial transactions an amount not to exceed #cj percent of the value of any assets seized in connection with such violations4 #bdc4 ,establishment of borders and ports protection program 7a7 ,in general ,the ,commissioner1 in consultation with the ,secretary of ,state1 the ,secretary of ,homeland ,security1 and the heads of such other ,federal agencies as the ,president considers appropriate1 shall establish a program to be known as the ,borders and ,ports ,protection ,program 7referred to in this section as the ,program74 7b7 ,borders and ports protection unit 7#a7 ,in general ,under the ,program1 the ,commissioner shall assist ,americas partner countries that are seeking to join the ,program and are selected by the ,commissioner in the establishment of a borders and ports protection unit4 7#b7 ,consultation with congress ,in selecting ,americas partner countries under paragraph 7#a71 the ,commissioner shall consult with ,congress4 7#c7 ,consent requirement ,the ,commissioner shall not provide the support of a border and ports protection unit to an ,americas partner country without first receiving express consent from the government of that ,americas partner country4 7c7 ,elements of ,program ,in carrying out the ,program1 the ,commissioner may support the efforts of customs administrations and border security agencies of ,americas partner countries selected under subsection 7b7 to create a borders and ports protection unit composed of a sufficient number of officers1 including officers of the ,united ,states and officers of the ,americas partner country1 as identified by the ,commissioner1 who will-- 7#a7 report to the local customs administrations and border security agencies in that country2 7#b7 be responsible for surge support and physical protection of borders1 ports1 strategic depots1 hubs1 and key commodities1 such as basic foodstuffs1 gasoline1 diesel1 and other strategic goods1 in that country2 7#c7 under the authority of officials in that country1 carry out non-investigative customs functions1 such as-- 7,a7 ensuring the effective continuity of port operations2 7,b7 facilitating legitimate trade and commerce2 and 7,c7 detecting and interdicting customs violations1 such as illicit smuggling of contraband2 7#d7 when cross-border violations of law are identified1 notify and coordinate directly with customs and other law enforcement and security agencies in that country that are responsible for conducting investigations of illicit cross-border smuggling offenses2 7#e7 refer cross-border violations of law to the ,transnational ,criminal ,investigative ,units of ,homeland ,security ,investigations2 and 7#f7 carry out any other duties identified by the ,commissioner4 7d7 ,transnational ,criminal ,investigative ,units ,the ,secretary of ,homeland ,security1 acting through the ,executive ,associate ,director of ,homeland ,security ,investigations1 may establish ,transnational ,criminal ,investigative ,units within an ,americas partner country upon receiving express consent from the government of that ,americas partner country4 7e7 ,training and equipment ,to the extent authorized under existing provisions of law1 the ,commissioner may provide to an ,americas partner country selected under subsection 7b7 training1 oversight1 equipment1 and remuneration from ,u4,s4 ,customs and ,border ,protection for the purposes specified in subsection 7c7 to provide lethal and non-lethal assistance1 such as training and equipment1 including personal protective equipment1 armored vehicles1 and weapons1 to entities that are-- 7#a7 identified by the local customs offices in that country2 7#b7 coordinated and deconflicted through the law enforcement working group of the ,united ,states ,embassy in that country2 and 7#c7 approved by the ,commissioner4 7f7 ,management 7#a7 ,in general ,under the ,program1 the ,commissioner1 in coordination with the ,secretary of ,state and the ,secretary of ,homeland ,security1 shall-- 7,a7 deploy officers of ,u4,s4 ,customs and ,border ,protection to each ,americas partner country selected under subsection 7b71 who shall-- 7i7 report to the chief of mission2 7ii7 monitor the activities1 on behalf of the ,department of ,homeland ,security1 of the borders and ports protection unit of that country2 7iii7 coordinate activities with-- 7,i7 the law enforcement working group of the ,united ,states ,embassy in that country2 7,,ii7 the attache of ,homeland ,security ,investigations covering that country2 and 7,,iii7 the ,transnational ,criminal ,investigative ,unit for that country2 7iv7 coordinate and deconflict all training and equipment requests with the law enforcement working group of the ,united ,states ,embassy in that country and the attache of ,homeland ,security ,investigations covering that country2 and 7v7 ensure that all cross-border violations of law are referred for investigation to the ,transnational ,criminal ,investigative ,unit for that country2 and 7,b7 hire a defense contractor that has completed all registrations and clearances required by the ,united ,states ,government to deploy a team of armed experts to assist in the recruitment1 vetting1 and training of agents of the borders and ports protection unit of that country4 7#b7 ,hiring of agents ,when possible1 the ,secretary shall hire agents for the borders and ports protection unit of an ,americas partner country selected under subsection 7b7 from among agents of the security services of that country4 7g7 ,security issues ,the ,secretary of ,state shall enhance the security of borders and ports protection units established under this section by following the model of the ,special ,program for ,embassy ,augmentation ,response 7,,spear7 used by the ,diplomatic ,security ,service to protect embassies of the ,united ,states and other facilities in high-threat environments4 7h7 ,remuneration ,under the ,program1 the ,secretary of ,state1 working through the contractor hired pursuant to subsection 7f77#a77;,b71 shall provide appropriate remuneration for agents of borders and ports protection units1 including-- 7#a7 wages based on appropriate pay scales of the ,united ,nations2 and 7#b7 a life insurance policy4 7i7 ,designation of units in non-,americas partner countries 7#a7 ,in general ,notwithstanding any other provision of law1 except as provided in paragraph 7#b71 the ,president may designate a borders and ports protection unit under the ,program in a country that is not an ,americas partner country selected under subsection 7b7 if the ,president-- 7,a7 determines that it is in the national security interest of the ,united ,states to do so2 and 7,b7 receives the express consent of the government of that country4 7#b7 ,exception ,the ,president may not designate a borders and ports protection unit under the ,program in a country that is a member of the ,bolivarian ,alliance for the ,peoples of ,our ,america4 7j7 ,report ,not later than #ij days after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary of ,state shall submit to the ,committee on ,finance and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,ways and ,means of the ,house of ,representatives a report on the ,program4 7k7 ,commissioner defined ,in this section1 the term ,commissioner means the ,commissioner of ,u4,s4 ,customs and ,border ,protection4 #bdd4 ,establishment of mutual recognition agreements and trade transparency units 7a7 ,in general ,if not already in place with respect to an ,americas partner country1 not later than one year after entering into a partnership agreement pursuant to section #bja with that country1 the ,commissioner shall establish a mutual recognition agreement and a trade transparency unit with the customs administration of that country as part of the ongoing ,customs and ,trade ,partnership ,against ,terrorism program of ,u4,s4 ,customs and ,border ,protection4 7b7 ,process ,immediately upon the date of the enactment of this ,act1 the ,commissioner shall begin an expedited process of establishing mutual recognition agreements and trade transparency units between the ,united ,states and customs offices of ,americas partner countries4 7c7 ,interoperability of agreements ,the ,commissioner1 in consultation with the ,secretary of ,commerce1 shall ensure that data sharing conducted under a mutual recognition agreement established under this section is interoperable with the e-governance system established under title ,i4 7d7 ,harmonization of data collected under agreements ,in coordination with the ,americas ,partnership ,business ,advisory ,board established under section #bjb1 trade and customs bodies shall harmonize collected data under mutual recognition agreements entered into under this section1 including data related to the following3 7#a7 ,weight4 7#b7 ,quantity4 7#c7 ,value4 7#d7 ,elements necessary for imports and exports4 7#e7 ,common identifiers matching imports and exports4 7e7 ,definitions ,in this section3 7#a7 ,commissioner ,the term ,commissioner means the ,commissioner of ,u4,s4 ,customs and ,border ,protection4 7#b7 ,mutual recognition agreement ,the term mutual recognition agreement means a document of arrangement between ,u4,s4 ,customs and ,border ,protection and a customs administration of a foreign country that provides the platform for the exchange of membership information and recognizes the compatibility of the respective supply chain security programs of that country and the ,united ,states4 #e ,medical equipment and supplies grant program #bde4 ,medical equipment and supplies grant program 7a7 ,in general ,the ,secretary of ,commerce shall establish a program under which the ,secretary shall award grants to manufacturers of medical equipment1 medical devices1 and medical supplies that are either headquartered in the ,united ,states or in an ,americas partner country1 or that are determined by the ,secretary to have a significant presence in an ,americas partner country1 to assist the continued expansion of1 and promote job growth within1 this key economic sector for the ,hemisphere4 7b7 ,use of grant amounts ,a medical equipment1 medical device1 or medical supply manufacturer in receipt of a grant awarded under this section shall use the amounts of that grant for new facilities or equipment1 to retool old equipment1 or to create or expand operations for medical equipment1 medical device1 or medical supply production in the ,united ,states or in an ,americas partner country4 7c7 ,administration ,in carrying out this section1 the ,secretary-- 7#a7 shall permit advances of grant amounts to manufacturers-- 7,a7 prior to making qualifying expenditures2 or 7,b7 as qualifying expenditures are made2 and 7#b7 shall require a manufacturer to comply with safety1 labor1 health1 and environmental standards specified by the ,secretary1 in consultation with the ,secretary of ,labor1 the ,secretary of ,health and ,human ,services1 the ,administrator of the ,environmental ,protection ,agency1 and the ,director of the ,national ,institute of ,standards and ,technology2 and 7#c7 may scale the amount of a grant depending on incremental employment achieved by the manufacturer4 7d7 ,definition of medical equipment1 medical devices1 and medical supplies ,in this section1 the terms medical equipment1 medical devices1 and medical supplies means-- 7#a7 for goods manufactured in ,americas partner countries1 goods within one of the following statistical reporting numbers utilized in the ,harmonized ,tariff ,schedule of the ,united ,states3 7,a7 #ijah4ij4hjjj1 classified as other instruments and appliances used in medical1 surgical1 dental1 or veterinary sciences2 7,b7 #ijah4ci4jjdj1 classified as bougies1 drains1 and sondes1 and parts and accessories2 7,c7 #ijah4ai4iefj1 classified as parts and accessories for electro-diagnostic apparatus1 for use in medical1 surgical1 dental or veterinary science2 7,d7 #ijah4ij4fjjj1 classified as electro-surgical instruments and appliances and parts and accessories2 7,e7 #ijah4ij4gehj1 classified as electro-medical instruments and appliances and parts and accessories2 7,f7 #ijba4ci4jjjj1 classified as other artificial parts of the body and parts and accessories2 7,g7 #ijah4ci4jjej1 classified as cannulae and the like and parts and accessories72 or 7,h7 any other statistical reporting number contained within the ,harmonized ,tariff ,schedule 7#ai ,u4,s4,c4 #abjb7 that refers to a type of medical equipment1 medical device1 or medical supply that is produced within an ,americas partner country and helps secure ,america's medical supply chain1 as determined by the ,secretary2 and 7#b7 for goods manufactured in the ,united ,states1 goods within each of the ,schedule ,b export classifications codes maintained by the ,united ,states ,census ,bureau that are the equivalent of the products described in paragraph 7#a71 as determined by the ,secretary4 7e7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary of ,commerce #aje1jjj1jjj for each of the fiscal years #bjbe through #bjbi to carry out the program under this section4 ,amounts authorized to be appropriated under this subsection are authorized to be obligated and expended in both the ,united ,states and in ,americas partner countries4 ,c ,investment #bea4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 ,americas partner countries need significant investment in infrastructure and trade ecosystems to compete in the #bast century2 7#b7 slave-based subsidized trade in the ,people's ,republic of ,china takes advantage of such need1 abusing the principles of free trade to advance the national security interests of the ,people's ,republic of ,china and predate upon other countries2 7#c7 environmental degradation by the ,people's ,republic of ,china1 especially through dirty1 coal-produced electricity1 gives products manufactured in the ,people's ,republic of ,china an unfair advantage over products manufactured in countries with internationally accepted environmental standards2 7#d7 theft of intellectual property rights1 ,world ,trade ,organization violations1 and other abuses by the ,people's ,republic of ,china make competition with the ,government of the ,people's ,republic of ,china and state-owned entities unbalanced2 7#e7 a trade-based response to the trade behavior of the ,people's ,republic of ,china1 which uses corruption and perverse incentives1 must include investment incentives1 retaliatory tariffs1 fixing the de minimis trade loophole found in section #cba of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #acba71 which is effectively a free trade agreement with the ,chinese ,communist ,party1 and other offsets to catalyze movement of supply chains and productivity back to the ,western ,hemisphere2 and 7#f7 promoting development and challenging the ,people's ,republic of ,china will require flexibility1 responsiveness1 creativity1 and risk-taking1 which are the ethos of the investment corporation4 #beb4 ,,build ,americas ,unit ,title ,i of the ,,build ,act of #bjah 7#bb ,u4,s4,c4 #ifaa et seq47 is amended by adding at the end the following new section3 #adaf4 ,,build ,americas ,unit 7a7 ,establishment ,there is established in the ,corporation a ,,build ,americas ,unit 7in this division referred to as the ,unit74 7b7 ,purpose ,the purposes of the ,unit are as follows3 7#a7 ,to advance the interests of the ,united ,states ,government4 7#b7 ,to near-shore industries from the ,people's ,republic of ,china4 7#c7 ,to support the development of large scale infrastructure ecosystems for the purposes of rapid industrialization of the ,western ,hemisphere4 7#d7 ,to support the relocation of strategic supply chains 7as that term is defined in section #bed of the ,americas ,act74 7c7 ,countries of operation ,the ,unit shall operate in all ,americas partner countries 7as that term is defined in section #b of the ,americas ,act71 without regard to the income limitations described in section #adab7;c77#b74 7d7 ,funding ,such sums as may be necessary to carry out this section shall be made available from the ,re-shoring and ,near-shoring ,account established under section #cja and the amounts authorized under section #bab7;a77#b7 of the ,americas ,act4 7e7 ,deputy ,chief ,executive ,officer 7#a7 ,appointment ,there shall be in the ,unit1 a ,deputy ,chief ,executive ,officer for the ,americas 7in this section referred to as the ,deputy ,chief7 1 who shall be appointed by the ,president1 by and with the advice and consent of the ,senate1 and who shall report to the ,deputy ,under ,secretary of ,commerce for the ,americas ,partnership4 7#b7 ,compensation ,the ,deputy ,chief shall be compensated at a rate equivalent to level ,i of the ,executive ,schedule under section #ecab of title #e1 ,united ,states ,code4 7f7 ,personnel management authority 7#a7 ,staffing 7,a7 ,in general ,without regard to any provision of title #e1 ,united ,states ,code1 governing the appointment of employees in the civil service1 the ,deputy ,chief may appoint-- 7i7 such individuals as necessary to provide not fewer than #b staff members from the ,unit to each ,americas partner country2 7ii7 such individuals as necessary to serve as program managers under this section2 and 7iii7 such other individuals as may be necessary to enable the ,unit to perform its duties4 7,b7 ,program manager qualifications ,individuals appointed as program managers under subparagraph 7,a77ii7 shall have-- 7i7 demonstrated experience and expertise in securities in the private sector2 7ii7 an appropriate securities license1 as determined by the ,deputy ,chief2 and 7iii7 held the position of investment banker as commonly understood for hiring at private entities4 7#b7 ,compensation ,notwithstanding any provision of title #e1 ,united ,states ,code1 governing the rates of pay or classification of employees in the executive branch1 the ,deputy ,chief may prescribe the rates of basic pay for program managers appointed under paragraph 7#a77;,a77ii7 at a rate not in excess of a rate equal to #aej percent of the maximum rate of basic pay authorized for positions at level ,i of the ,executive ,schedule under section #ecab of title #e1 ,united ,states ,code4 7#c7 ,evaluations of program managers 7,a7 ,in general ,the ,deputy ,administrator for ,programs shall establish criteria to evaluate the effectiveness of program managers1 which shall include measuring the economic success of portfolio instruments approved by program managers4 7,b7 ,dismissal ,upon the determination that a program manager fails to meet the criteria described in subparagraph 7,a71 the ,deputy ,administrator for ,programs may recommend the dismissal of such program manager1 who may be dismissed at the discretion of the ,chief ,administrator4 7#d7 ,limitation on term of appointment 7,a7 ,in general ,except as provided in subparagraph 7,b71 the service of a program manager appointed under paragraph 7#a77;,a77ii7 may not exceed #e years4 7,b7 ,extension ,the ,deputy ,chief may1 in the case of a particular program manager appointed under paragraph 7#a77;,a77ii71 extend the period to which service is limited under subparagraph 7,a7 by up to #b years if the ,deputy ,chief determines that such action is necessary to promote the efficiency of the ,unit1 as applicable4 7g7 ,authorities relating to provision of support 7#a7 ,in general ,the authorities in this subsection shall only be exercised to-- 7,a7 carry out of the policy of the ,united ,states in section #bea of the ,americas ,act and the purposes of the ,unit in subsection 7b72 7,b7 mitigate risks to ,united ,states taxpayers by sharing risks with the private sector and qualifying sovereign entities through co-financing and structuring of tools2 and 7,c7 ensure that support provided under this section is additional to private sector resources by mobilizing private capital that would otherwise not be deployed without such support4 7#b7 ,considerations ,in exercising the authorities in this subsection1 the ,unit-- 7,a7 shall consider-- 7i7 whether an activity will maximize the profits of the entity receiving support under this subsection2 7ii7 the potential return on investment of an activity2 7iii7 the sustainability of the economic model of the entity receiving support under this subsection2 7iv7 any secondary economic impact of the activity and whether such impact will spur additional clusters of investment2 7v7 whether taxation can be used to generate revenue for public entities receiving support under this subsection2 and 7vi7 the feasibility of economic success for the entity receiving support under this subsection2 and 7,b7 may not consider external factors that will not impact the economic success of an activity4 7#c7 ,grants 7,a7 ,in general ,the ,unit may award grants to ,united ,states businesses and entities and governments in ,americas partner countries under such terms and conditions as the ,unit shall prescribe to carry out the purposes of the ,americas ,act4 7,b7 ,application requirement ,a grant under this paragraph may be made only to a ,united ,states business1 a for profit or not-for profit entity registered in an ,americas partner country1 or a government of such a country 7including a local government7 that submits to the ,unit an application at such time1 in such manner1 and containing or accompanied by such information as the ,unit may reasonably require4 7,c7 ,priority ,in approving applications under this paragraph1 the ,unit shall give priority to applications that demonstrate the development of a private sector activity that will advance the economic objectives of the ,unit described in subsection 7b74 7,d7 ,approval limits ,under this paragraph-- 7i7 program managers may approve grants of not more than #d1iii1iii2 7ii7 the ,deputy ,chief may approve grants of not less than #e1jjj1jjj and not more than #di1iii1iii2 and 7iii7 the ,deputy ,assistant ,secretary for the ,americas ,partnership may approve grants of not less than #ej1jjj1jjj4 7,e7 ,reporting 7i7 ,in general ,the ,unit shall-- 7,i7 use the e-governance framework established under title ,i for management of and reporting on grants2 and 7,,ii7 protect all restricted personal information 7as that term is defined in section #aai of title #ah1 ,united ,states ,code7 collected under clause 7ii74 7ii7 ,collection of information ,the ,corporation shall carry out clause 7i7 by collecting information with respect to each such grant1 including-- 7,i7 the beneficiary of the grant2 7,,ii7 the amount2 7,,iii7 the location of activities funded by the grant2 7,,iv7 a description of the activities funded by the grant2 7,v7 a justification for approving the grant2 7,,vi7 the amount of funds provided for an activity by the beneficiary of the grant2 7,,vii7 a description of any other financial support from the ,unit2 7,,viii7 a description of how awarding the grant is anticipated to combat the influence of the ,people's ,republic of ,china in the ,western ,hemisphere2 and 7,,ix7 a description of how the grant overlaps with any other financial support provided by persons other than the ,unit4 7#d7 ,loans and guaranties 7,a7 ,in general ,the ,unit may make loans or guaranties in accordance with the guidelines in subparagraph 7,b7 and upon such other terms and conditions as the ,deputy ,assistant ,secretary for the ,americas ,partnership may determine4 7,b7 ,guidelines for the issuance of loans 7i7 ,approval limits ,under this paragraph-- 7,i7 program managers may approve loans and guaranties of not more than #d1iii1iii2 7,,ii7 the ,deputy ,chief may approve loans and guaranties of not less than #e1jjj1jjj and not more than #di1iii1iii2 and 7,,iii7 the ,deputy ,assistant ,secretary for the ,americas ,partnership may approve loans and guaranties of not less than #ej1jjj1jjj4 7ii7 ,loan availability 7,i7 ,in general ,any loan made or guaranteed under this paragraph may be issued to-- 7aa7 a ,united ,states business2 7bb7 a for-profit entity in an ,americas partner country2 or 7cc7 a government of an ,americas partner country 7including a local government74 7,,ii7 ,exception ,notwithstanding subclause 7,i71 a loan may be made or guaranteed by the ,unit to a country that is not an ,americas partner country if the purpose of the loan is to support near-shoring of strategic supply chains under section #bed of the ,americas ,act4 7,,iii7 ,lines of credit ,the ,unit may provide a line of credit of not more than #ej1jjj1jjj to a ,united ,states business that meets such requirements as the ,deputy ,assistant ,secretary for the ,americas ,partnership may determine4 7iii7 ,interest rates 7,i7 ,in general ,a loan made or guaranteed under this paragraph may bear an interest rate lower than the rate for an equivalent loan available in the local market4 7,,ii7 ,variable interest rates ,for each loan made or guaranteed under this paragraph1 the ,secretary of the ,treasury shall make available to the ,unit1 at a variable interest rate that is not less than zero percent1 funds from the amounts authorized under section #bab7;a77#b7 of the ,americas ,act4 7,,iii7 ,deposits to ,treasury ,for each direct loan made by the ,unit to a covered entity1 the ,unit shall remit-- 7aa7 any repayment on the principal amount1 including the final repayment and liquidation of the loan1 and any amount of interest required by the ,secretary of the ,treasury in accordance with subclause 7,,ii7 to the ,secretary of the ,treasury1 who shall use such amounts to replenish the amounts authorized under section #bab7;a77#b7 of the ,americas ,act2 and 7bb7 any profit made from interest above the amount required by rate of interest established by the ,secretary of the ,treasury under subclause 7,,ii7 to the ,secretary of the ,treasury1 who shall deposit such amounts into the ,re-shoring and ,near-shoring ,account established under section #cja of the ,americas ,act4 7iv7 ,denomination ,loans and guaranties made under this paragraph may be denominated and repayable in ,united ,states dollars or foreign currencies4 ,foreign currency denominated loans and guaranties should only be provided if the ,deputy ,assistant ,secretary for the ,americas ,partnership determines there is a substantive policy rationale for such loans and guaranties4 7v7 ,guaranties by ,treasury 7,i7 ,in general ,for any loan under this paragraph1 the ,unit shall hold in an escrow account funds in an amount that is equal to #e percent of the principal amount of the loan for the life of the loan or until the loan has been repaid4 7,,ii7 ,source of funds ,the funds described in subclause 7,i7 shall be taken from the ,re-shoring and ,near-shoring ,account established under section #cja of the ,americas ,act4 7vi7 ,applicability of ,federal ,credit ,reform ,act of #aiij ,loans and guaranties issued under paragraph 7#a7 shall be subject to the requirements of the ,federal ,credit ,reform ,act of #aiij 7#b ,u4,s4,c4 #ffa et seq474 7#e7 ,equity investments 7,a7 ,sense of ,congress ,it is the sense of ,congress that-- 7i7 equity is essential1 particularly with respect to transformational technology in the energy and technology sectors2 and 7ii7 firms engaged in complex1 advanced manufacturing production require greater capital and more time than nonproduction firms4 7,b7 ,in general ,the ,unit may1 as an investor1 support projects with funds or use other mechanisms for the purpose of purchasing1 and may make and fund commitments to purchase1 invest in1 make pledges in respect of1 or otherwise acquire1 equity or quasi-equity securities or shares or financial interests of any entity1 including as a limited partner or other investor in investment funds1 upon such terms and conditions as the ,unit may determine4 7,c7 ,funding 7i7 ,in general ,for the purpose of investments under subparagraph 7,b71 the ,unit shall use the amounts authorized under section #bab7;a77#b7 of the ,americas ,act4 7ii7 ,escrow ,for any investment under this paragraph1 the ,unit shall hold in an escrow account funds1 which shall be taken from the ,re-shoring and ,near-shoring ,account established under section #cja of the ,americas ,act1 in an amount that is equal to #e percent of the amount of funds invested4 7iii7 ,liquidation ,upon liquidation of any investment1 the unit shall remit-- 7,i7 the principal amount and any amount of interest required by the ,secretary for the use of such principal amount of such investment to the ,secretary of the ,treasury who shall use such amounts to replenish the amounts authorized under section #bab7;a77#b7 of the ,americas ,act2 and 7,,ii7 any profit gained from and the amount held in escrow in accordance with clause 7ii7 for such investment to the ,secretary of the ,treasury who shall deposit such funds in the ,re-,shoring and ,near-,shoring ,account established under section #cja of that ,act4 7,d7 ,limitations on equity investments 7i7 ,contributions by partners ,any investment made by the ,unit under this paragraph shall be accompanied by an investment of not less than #ea percent by the ,united ,states business or entity or government of an ,americas partner country4 7ii7 ,per project limit ,the aggregate amount of equity investment by the ,unit with respect to any project shall not exceed #di percent4 7#f7 ,joint investment partnerships 7,a7 ,in general ,the ,unit may enter into joint investment partnerships with international financial institutions or other similar institutions1 including the ,world ,bank and the ,andean ,development ,corporation-,development ,bank of ,latin ,america4 7,b7 ,limitation ,notwithstanding subparagraph 7,a71 the ,unit may not enter into any partnership with any person1 including any financial institution1 business1 organization1 or individual1 that is headquartered in1 has a principal place of business in1 or is otherwise directly or indirectly owned or controlled by of the government of the ,russian ,federation1 the ,people's ,republic of ,china1 or any member country of the ,bolivarian ,alliance for the ,peoples of ,our ,america 7,,alba74 7,c7 ,international financial institutions defined ,in this paragraph1 the term international financial institutions has the meaning given that term in section #agja7;c77#b7 of the ,international ,financial ,institutions ,act 7#bb ,u4,s4,c4 #bfbr7c77#b774 7#g7 ,insurance and reinsurance 7,a7 ,in general ,in order to ensure the protection of the investments of ,united ,states businesses1 in whole or in part1 against any political risks1 such as currency inconvertibility and transfer restrictions1 expropriation1 war1 terrorism1 civil disturbance1 breach of contract1 and nonhonoring of financial obligations1 the ,unit may issue to ,united ,states businesses that invest in ,americas partner countries insurance or reinsurance-- 7i7 upon such terms and conditions as the ,unit may determine2 and 7ii7 at #ajj percent of the value of the insured investment4 7,b7 ,escrow ,for any insurance or reinsurance described in subparagraph 7,a71 the ,unit shall hold in an escrow account at a commercial bank funds1 which shall be taken from the ,re-shoring and ,near-shoring ,account established under section #cja of the ,americas ,act1 in an amount that is equal to #e percent of the insurance amount4 7,c7 ,rates ,any insurance or reinsurance described in subparagraph 7,a7 may be issued at a lower rate than the lowest available rate for equivalent insurance or reinsurance in the local market4 4 #bec4 ,americas ,partnership ,enterprise ,fund 7a7 ,designation ,the ,president1 after consultation with the ,speaker of the ,house of ,representatives1 the minority leader of the ,house of ,representatives1 the majority leader of the ,senate1 the minority leader of the ,senate1 the ,secretary of ,state1 the ,secretary of ,commerce1 the ,secretary of the ,treasury1 and the ,administrator of the ,united ,states ,agency for ,international ,development1 may designate a private1 nonprofit organization registered in an ,americas partner country that is established to carry out the purposes set forth in subsection 7b7 as the ,americas ,partnership ,enterprise ,fund 7referred to in this section as the ,fund74 7b7 ,purposes ,the purposes of the ,fund are-- 7#a7 to support the development of ecosystems for critical supply chains in the ,americas partner countries2 7#b7 to support the development of private sector responses to migration2 7#c7 to promote near-shoring strategic industry and supply chains from the ,people's ,republic of ,china2 and 7#d7 to support policies and practices conducive to private sector development in ,americas partner countries through loans1 grants1 equity investments1 feasibility studies1 technical assistance1 training1 insurance1 guarantees1 and other measures4 7c7 ,governance 7#a7 ,board of directors 7,a7 ,in general ,the ,fund shall be governed by a ,board of ,directors1 consisting of #c1 #d1 or #e individuals described in subparagraph 7,c74 7,b7 ,appointments ,not later than #ij days after the date of the enactment of this ,act1 the ,president shall-- 7i7 appoint the initial members of the ,board of ,directors1 subject to the advice and consent of the ,senate2 and 7ii7 submit the names of such appointees to the ,chair and ,ranking ,member of the ,subcommittee on ,international ,trade1 ,customs1 and ,global ,competitiveness of the ,committee on ,finance of the ,senate4 7,c7 ,qualifications ,each member of the ,board of ,directors-- 7i7 shall be a citizen of an ,americas partner country2 7ii7 may not be closely affiliated with any government1 civil society organization1 academic institution1 think tank1 or any other not-for-profit entity2 and 7iii7 shall have demonstrated experience and expertise in the areas of private sector development in which the ,fund is to be involved4 7,d7 ,term ,each member of the ,board of ,directors shall serve for a term of #e years4 7,e7 ,chairperson ,at its first meeting1 the ,board of ,directors shall elect a ,chairperson1 who may only serve in such position for a single term4 7,f7 ,meetings ,the ,board of ,directors shall meet not less frequently than quarterly4 7,g7 ,appointment of executive director ,the ,board of ,directors shall unanimously appoint a qualified individual to serve as ,executive ,director of the ,fund4 ,the ,executive ,director shall be compensated at a rate equivalent to level ,v of the ,executive ,schedule under section #ecaf of title #e1 ,united ,states ,code4 7,h7 ,vacancies ,if a vacancy occurs before the expiration of the term of a member of the ,board of ,directors1 the ,president shall appoint an individual with the qualifications described in subparagraph 7,c7 to fill the remainder of such term1 in the manner described in subparagraph 7,b74 7#b7 ,staffing 7,a7 ,in general ,the ,fund shall hire sufficient host country nationals to staff the central office to ensure that ,fund resources are managed appropriately and to carry out the day-to-day operations of the central office1 including-- 7i7 program managers1 who-- 7,i7 shall head the core management unit2 7,,ii7 may approve program expenditures of up to #aej1jjj2 and 7,,iii7 shall be evaluated primarily on the success of their respective portfolios2 and 7ii7 additional support staff1 provided that not more than #be percent of the ,fund's annual expenditures are used for staffing and administration4 7,b7 ,ethics officer ,the ,fund shall have an ethics officer1 who-- 7i7 shall be responsible for oversight of the host country nationals2 7ii7 shall develop ethical standards for the management of the ,fund2 7iii7 shall facilitate the mainstreaming of ethics with respect to the staff of the ,fund2 7iv7 may evaluate individual activities1 as needed2 and 7v7 should develop standard investment procedures that do not affect the flexibility and speed of the investment activities4 7,c7 ,partners ,the ,fund shall partner with local entities1 wholly-owned subsidiaries1 and other instruments1 as appropriate1 to carry out investment activities in ,americas partner countries1 under the supervision of the central office4 7#c7 ,limitation on compensation ,none of the amounts managed by the ,fund may be used to provide any benefit to any member of the ,board of ,directors or to any officer or employee of the ,fund1 other than a reasonable salary as compensation for services rendered4 7d7 ,eligible programs and projects 7#a7 ,defined term ,in this subsection1 the term qualified private sector entity means a business organization that is duly registered in the ,united ,states or in an ,americas partner country4 7#b7 ,in general ,the ,fund may provide grants1 loans1 technical assistance1 goods1 and services to qualified private sector entities1 in accordance with paragraphs 7#c7 through 7#g71 for programs and projects that are consistent with the purposes described in subsection 7b74 7#c7 ,grants 7,a7 ,in general ,the ,fund shall establish a process for awarding grants to qualified private sector entities to carry out activities that are consistent with the purposes described in subsection 7b74 7,b7 ,selection of grantees ,not later than #bj working days after receiving an application for a grant under this paragraph1 the ,fund shall complete its review and evaluation of the application1 using anticipated return on investment as the sole criterion for determining whether a grant will be awarded to the applicant4 7#d7 ,loans 7,a7 ,in general ,the ,fund shall establish a process for providing low-interest loans to qualified private sector entities to carry out activities that are consistent with the purposes described in subsection 7b74 ,loans authorized under this paragraph may be offered in the form of equity if the ,fund determines that such form is appropriate4 7,b7 ,selection of loan recipients ,not later than #bj working days after receiving an application for a loan under this paragraph1 the ,fund shall complete its review and evaluation of the application1 using anticipated return on investment as the sole criterion for determining whether a loan will be awarded to the applicant4 7,c7 ,partnerships with commercial banks ,the ,fund may enter into partnerships with commercial banks to manage loan portfolios under this paragraph4 7#e7 ,technical assistance 7,a7 ,in general ,the ,fund1 with support from ,united ,states entities1 such as the ,united ,states ,trade and ,development ,agency and other agencies or offices based in the ,united ,states1 may hire or contract with individuals and entities capable of providing technical assistance in support of the purposes described in subsection 7b74 7,b7 ,selection of technical assistance recipients ,not later than #bj working days after receiving an application for technical assistance under this paragraph1 the ,fund shall complete its review and evaluation of the application1 using anticipated return on investment as the sole criterion for determining whether the requested technical assistance will be awarded to the applicant4 7,c7 ,eligible partner countries ,notwithstanding any other provision of law1 the ,united ,states ,trade and ,development ,agency may work in any ,americas partner country regardless of income status designation4 7,d7 ,authorization of appropriations ,there is authorized to be appropriated to the ,united ,states ,trade and ,development ,agency #aj1jjj1jjj1 which shall be expended on activities related to partnership agreements entered into under section #bja4 7#f7 ,goods and services 7,a7 ,in general ,the ,fund may directly procure and deploy goods and services to the extent required to support the purposes described in subsection 7b74 7,b7 ,selection of goods and services recipients ,not later than #bj working days after receiving an application for goods or services under this paragraph1 the ,fund shall complete its review and evaluation of the application1 using anticipated return on investment as the sole criterion for determining whether the requested goods or services will be provided to the applicant4 7#g7 ,government support 7,a7 ,in general ,the ,fund may provide cash and in-kind goods or services to foreign governmental entities in order to advance the purposes described in subsection 7b74 7,b7 ,selection of government recipients ,not later than #bj working days after receiving an application from a foreign government for cash or in-kind goods or services under this paragraph1 the ,fund shall complete its review and evaluation of such application4 7e7 ,funding 7#a7 ,authorization ,during the first fiscal year beginning after the date of the enactment of this ,act1 the ,fund shall receive #a1jjj1jjj1jjj from the ,re-shoring and ,near-shoring ,account established under section #cja for initial capitalization4 ,the ,fund may be recapitalized in accordance with paragraph 7#d74 7#b7 ,financial instruments ,in order to maximize the resources available to carry out the activities authorized under this ,act1 the ,fund should establish financial instruments that enable private businesses in ,americas partner countries with a commercial nexus in the ,united ,states to effectively multiply the impact of ,united ,states grants awarded by the ,fund4 7#c7 ,distribution of return on investments 7,a7 ,in general ,the ,fund may distribute financial returns on ,fund investments1 include private venture capital1 equity1 or loan repayments1 at such times and in such amounts as the ,board of ,directors may determine1 to the central account of the ,fund4 7,b7 ,sense of congress ,it is the sense of ,congress that the return on investment described in subparagraph 7,a7 should-- 7i7 recapitalize the central account of the ,fund2 7ii7 guarantee the sustainability of the ,fund2 7iii7 limit the need for additional appropriations to the ,fund2 7iv7 spur additional investment2 7v7 promote small and medium-sized enterprises2 7vi7 advance good governance and transparency2 and 7vii7 promote job creation4 7#d7 ,additional revenue ,after #hj percent of the initial capital in the ,fund has been expended pursuant to paragraph 7#a71 the ,board of ,directors may request additional capital for the ,fund by-- 7,a7 submitting a request to the ,re-shoring and ,near-shoring ,account that identifies the additional amount needed for the ,fund2 and 7,b7 submitting a report to ,congress that details the ,fund's activities and justifies the need for the additional capital4 7#e7 ,nonapplicability of other laws ,notwithstanding any other provision of law1 amounts appropriated pursuant to this subsection may be made available to the ,fund and used for the purposes set forth in this section4 7f7 ,limitations on assistance 7#a7 ,major expenditures ,the ,fund may not provide any grant1 loan1 technical assistance1 or government support valued in excess of #dii1iii unless the ,board of ,directors approves such action in advance4 7#b7 ,recordkeeping ,the ,fund shall use the e-governance platform to maintain a database containing relevant information1 as established by the ,secretary of ,commerce1 regarding activities of the ,fund1 which shall be accessible by any member of the ,board of ,directors at any time4 7#c7 ,minor expenditures ,a member of the ,board of ,directors may not approve1 deny1 or influence the approval or denial of an expenditure by the ,fund valued at less than #ejj1jjj unless the ,board of ,directors determines that the individual authorized to approve or deny such expenditure1 subject to the thresholds under this section1 has engaged in independently verified malfeasance4 7g7 ,annual reports 7#a7 ,in general ,the ,fund shall submit an annual report to the ,board of ,directors that-- 7,a7 describes the status of the registration and management of the ,fund2 7,b7 identifies the activities undertaken by the ,fund1 disaggregated by activity type1 country1 and strategic sector2 and 7,c7 details the successes and failures of such activities4 7#b7 ,congress ,the ,board of ,directors shall annually submit-- 7,a7 to ,congress a copy of each report received pursuant to paragraph 7#a72 and 7,b7 to the ,committee on ,finance of the ,senate and the ,committee on ,ways and ,means of the ,house of ,representatives a chapter within the comprehensive ,department of ,commerce report that identifies1 for the reporting period-- 7i7 the number of grants1 loans1 instances of technical assistance1 goods and services1 and other ,government support provided by the ,fund2 7ii7 the repayment rates for the loans and other support referred to in clause 7i72 7iii7 a summary of activities conducted by the ,fund2 7iv7 the countries in which the ,fund is conducting such activities2 7v7 success stories involving entities receiving assistance from the ,fund2 7vi7 lessons learned from the activities conducted by the ,fund2 and 7vii7 any other information contained in other reports required under this ,act that relates to the ,fund4 7h7 ,audits 7#a7 ,in general ,not less frequently than annually1 the activities of the ,fund shall be subject to an audit by an independent private entity selected by the ,board of ,directors4 7#b7 ,report 7,a7 ,findings ,each independent private entity referred to in paragraph 7#a7 shall submit a report to the ,board of ,directors that contains the findings of the audit conducted pursuant to such paragraph4 7,b7 ,public accessibility ,the ,board of ,directors shall post the report received pursuant to subparagraph 7,a7 on the ,fund's publicly accessible website4 7i7 ,duration ,the ,fund shall remain operational indefinitely4 ,venture capital profits1 equity1 and loan interest shall be returned to the central account of the ,fund1 with the goal that the ,fund become self-sufficient4 7j7 ,nonapplicability of other laws ,notwithstanding any other provision of law1 executive branch agencies may conduct programs and activities and provide services in support of the activities of the ,fund4 #bed4 ,near-shoring of strategic supply chains 7a7 ,statement of policy ,it is the policy of the ,united ,states-- 7#a7 to advance ,united ,states national security goals and hemispheric foreign policy and development goals by assisting countries in the ,western ,hemisphere to establish the ecosystems necessary to host strategic industries in order to reduce vulnerabilities of the ,united ,states1 in particular with respect to supply chains based1 as of the date of the enactment of this ,act1 in the ,people's ,republic of ,china2 and 7#b7 to reduce the influence of the ,people's ,republic of ,china in the ,western ,hemisphere4 7b7 ,identification of strategic supply chains1 products1 and entities 7#a7 ,report required ,not later than #ij days after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary of ,state1 through the ,deputy ,assistant ,secretary of ,state for the ,americas ,partnership established under section #bjc7;c77#a71 and in coordination with the ,united ,states ,trade ,representative1 the ,secretary of ,commerce1 and other appropriate officials1 shall submit to ,congress a report identifying-- 7,a7 supply chains identified under ,executive ,order #adjag 7#hf ,fed4 ,reg4 #aahdi2 relating to ,america's supply chains71 as amended on or after the date of the enactment of this ,act1 located in the ,western ,hemisphere 7in this section referred to as strategic supply chains72 7,b7 products produced by such supply chains2 and 7,c7 entities that are part of such supply chains4 7#b7 ,opportunities for near-shoring 7,a7 ,in general ,the report required by paragraph 7#a7 shall list opportunities for near-shoring of products within strategic supply chains and support for such near-shoring identified under subsection 7c74 7,b7 ,consultations ,in identifying opportunities for near-shoring under subparagraph 7,a71 the ,secretary-- 7i7 shall consult with ,united ,states industry to obtain feasibility studies1 viability plans1 and letters of commitment relating to such opportunities2 and 7ii7 may issue requests for information relating to such opportunities to determine the needs of industry with respect to near-shoring strategic supply chains4 7#c7 ,work plan ,the report required by paragraph 7#a7 shall include a work plan setting forth a prioritization for the near-shoring of products within strategic supply chains1 including the tools to be used and the authorities to be exercised in the implementation of such near-shoring as part of a special economic initiative under subsection 7d74 7c7 ,identification and support for near-,shoring of products in strategic supply chains 7#a7 ,in general ,the ,secretary of ,commerce1 in consultation with the ,secretary of ,state and the heads of other relevant ,federal agencies-- 7,a7 shall1 in partnership with industry and stakeholders1 identify opportunities that would be appropriate for near-shoring2 and 7,b7 may provide funding to support such opportunities as provided in this title4 7#b7 ,preferences ,in selecting among opportunities for near-shoring that will receive funding under paragraph 7#a71 the ,secretary of ,commerce1 in consultation with the ,secretary of ,state and the heads of other relevant ,federal agencies1 shall give preference to opportunities for the near-shoring of products that-- 7,a7 have the support of the government of the country in which the production of the product will take place2 and 7,b7 can attract private investment4 7#c7 ,production in non-,americas partner countries ,the ,secretary of ,commerce may provide funding under this subsection to near-shore the production of a product identified under subsection 7b77#a77;,b7 to a country that is not an ,americas partner country if the ,secretary determines and certifies to ,congress that there are no opportunities appropriate for re-shoring or near-shoring to ,americas partner countries4 7d7 ,special economic initiative 7#a7 ,in general ,the ,president shall establish a special economic initiative for strategic supply chains1 to be administered by the ,department of ,commerce1 under which the tools described in the provisions of and amendments made by this subtitle and subtitle ,d are made available to ,americas partner countries and such other countries as the ,president considers appropriate4 7#b7 ,notification to ,congress2 plan ,not less than #ae days before exercising the authority provided by paragraph 7#a7 to establish a special economic initiative with respect to a country1 the ,president shall-- 7,a7 notify ,congress of the intention of the ,president to exercise that authority2 and 7,b7 submit to ,congress a plan for the initiative1 which shall include a description of-- 7i7 the sector involved2 7ii7 the projects involved2 7iii7 an analysis1 including environmental analysis1 available with respect to the initiative2 7iv7 the agreement with the government of the country with respect to the initiative2 and 7v7 the cost of the initiative4 7#c7 ,authority to enter into agreements ,the ,president may enter into agreements using authorities of ,federal agencies1 including the ,department of ,state1 the ,united ,states ,agency for ,international ,development1 the ,department of ,commerce1 the ,department of ,defense1 the ,department of ,energy1 the ,department of ,agriculture1 the ,department of ,health and ,human ,services1 or any other authorities the ,president considers appropriate1 to advance a special economic initiative under paragraph 7#a74 7#d7 ,waiver of competition requirements 7,a7 ,in general ,the ,president may waive the requirements of title #da1 ,united ,states ,code1 relating to competition in the awarding of ,government contracts in the case of a contract related to the near-shoring of strategic supply chains through a special economic initiative under paragraph 7#a7 if the ethics officer of the agency seeking to enter into the contract evaluates the contract and the certifies that there are no conflicts of interest4 7,b7 ,timing of evaluation ,an ethics officer shall have not less than #bj business days to conduct an evaluation described in subparagraph 7,a74 7#e7 ,additional support for near-shoring under special economic initiative 7,a7 ,in general ,the ,secretary of ,commerce1 in coordination with the ,secretary of ,state and the heads of other agencies that operate under the foreign policy guidance of the ,secretary of ,state1 shall1 as appropriate1 prioritize and expedite the efforts of the ,department of ,commerce1 the ,department of ,state1 the ,department of the ,treasury1 and such other agencies in supporting the efforts of the ,united ,states ,government to incentivize near-shoring through financial and nonfinancial methods1 including methods described in this subsection1 and ,americas partner countries to support near-shoring and increase investment in entities identified under subsection 7b77#a77;,c7 by-- 7i7 providing diplomatic1 political1 and economic support to such entities in ,americas partner countries or other countries in the ,western ,hemisphere identified by the ,secretary of ,commerce as necessary2 7ii7 facilitating negotiations concerning cross-border infrastructure1 such as electric grids1 ports1 trains1 or other infrastructure that crosses borders2 7iii7 providing technical and grant assistance to enhance the regulatory and labor environments of ,americas partner countries and other such other countries to facilitate ,united ,states business investments2 and 7iv7 facilitating both early-stage project support and late-stage project support to such entities with respect to near-shoring4 7,b7 ,export protection 7i7 ,in general ,an entity identified under subparagraph 7,c7 of subsection 7b77#a7 that receives assistance with re-shoring or near-shoring production of a product identified under subparagraph 7,b7 of that subsection is eligible to receive export protection as described in clause 7iii74 7ii7 ,report to ,department of ,commerce ,if the application of an entity submitted under clause 7i7 is approved1 the entity shall submit to the ,secretary of ,commerce a report specifying the average production level of the product described in that clause in the ,united ,states for the #c calendar years preceding submission of the report4 7iii7 ,amount of exports provided export protection ,if the quantity of production in the ,united ,states of a product described in clause 7i7 exceeds the level specified under clause 7ii71 the quantity in excess of that level may be exported without being subject to export controls or any other restrictions on exportation 7subject to such exceptions as the ,president may declare are in the national security interests of the ,united ,states74 7,c7 ,definitions ,in this paragraph3 7i7 ,early-stage project support ,the term early-stage project support includes the following3 7,i7 ,feasibility studies4 7,,ii7 ,long-term strategic supply chain planning4 7,,iii7 ,resource evaluations4 7,,iv7 ,project appraisal and costing4 7,v7 ,pilot projects4 7,,vi7 ,commercial support1 such as trade missions1 reverse trade missions1 technical workshops1 international buyer programs1 and international partner searchers to link suppliers to projects4 7,,vii7 ,technical assistance and other guidance to improve the local regulatory environment and market frameworks to encourage transparent competition4 7ii7 ,late-stage project support ,the term late-stage project support includes support of the type provided by the ,,build ,americas ,unit4 7#f7 ,source of funds ,funding for a special economic initiative under paragraph 7#a7 shall be taken from the ,re-shoring and ,near-shoring ,account established under section #cja4 7e7 ,regulatory alignment 7#a7 ,in general ,the ,secretary of ,commerce1 in coordination with the ,americas ,partnership business advisory board established by the ,americas ,partnership ,secretariat under section #bjb1 and with support from appropriate officials of the ,united ,states ,government1 such as the ,assistant ,united ,states ,trade ,representative for the ,americas ,partnership established under section #bjc7;b7 and the official of the ,trade and ,development ,agency with lead responsibility for the implementation of this title1 shall begin a process of regulatory alignment with respect to supply chains and products identified under subsection 7b77#a7 with-- 7,a7 ,americas partner countries2 and 7,b7 any other country that benefits from the near-shoring of the production of a product identified under subsection 7b77#a77;,b7 to the country4 7#b7 ,prioritization of pharmaceuticals ,in carrying out the process described in paragraph 7#a71 the ,secretary shall begin with regulatory alignment with respect to pharmaceuticals4 7#c7 ,reports required ,the ,secretary shall submit to ,congress and make available to the public reports on the success of efforts under paragraph 7#a7 on a continuous basis4 7f7 ,united ,states ,international ,development ,finance ,corporation 7#a7 ,in general ,for purposes of supporting near-shoring of strategic supply chains to ,americas partner countries and such other countries as the ,president considers appropriate1 the ,united ,states ,international ,development ,finance ,corporation 7in this subsection referred to as the ,corporation7 may provide support under title ,,ii of the ,better ,utilization of ,investments ,leading to ,development ,act of #bjah 7#bb ,u4,s4,c4 #ifba et seq47 to countries with upper-middle-income economies or high-income economies 7as those terms are defined by the ,world ,bank7 without regard to the limitation under section #adab7;c77#b7 of that ,act 7#bb ,u4,s4,c4 #ifab7;c77#b774 7#b7 ,limitations ,the ,corporation shall restrict the provision of support to a country described in paragraph 7#a7 unless-- 7,a7 the ,president certifies to the appropriate congressional committees 7as defined in section #adjb of the ,better ,utilization of ,investments ,leading to ,development ,act of #bjah 7#bb ,u4,s4,c4 #ifja77 that such support furthers the national economic or foreign policy interests of the ,united ,states2 and 7,b7 such support is-- 7i7 designed to support the development of strategic supply chains in countries other than the ,people's ,republic of ,china2 or 7ii7 necessary to preempt or counter efforts by a strategic competitor of the ,united ,states to secure significant political or economic leverage or acquire national security-sensitive technologies or infrastructure in a country that is an ally or partner of the ,united ,states4 7g7 ,duties and subsidies ,an entity organized under the laws of an ,americas partner country or another country1 as the ,president considers appropriate1 that is part of a strategic supply chain shall be treated not less favorably than a ,united ,states person with respect to duties1 subsidies1 and other related issues4 7h7 ,millennium ,challenge ,corporation ,the ,millennium ,challenge ,corporation may provide assistance under the ,millennium ,challenge ,act of #bjjc 7#bb ,u4,s4,c4 #ggja et seq47 to an ,americas partner country or another country1 as the ,president considers appropriate1 for purposes of supporting the near-shoring of strategic supply chains without regard to-- 7#a7 any requirement of that ,act relating to competitive procedures2 or 7#b7 the requirement to enter into a ,compact under section #fji of that ,act 7#bb ,u4,s4,c4 #ggjh74 7i7 ,trade and ,development ,agency ,the ,trade and ,development ,agency may provide assistance under the section #ffa of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bdba7 to all ,americas partner countries1 without regard to the limitation under subsection 7a7 of that section1 for purposes of supporting the near-shoring of strategic supply chains4 7j7 ,technical assistance ,the ,united ,states ,agency for ,international ,development1 the ,corporation1 the ,trade and ,development ,agency1 and other relevant agencies shall provide technical assistance with respect to the near-shoring of strategic supply chains4 #bee4 ,transformational ,energy ,development 7a7 ,chief ,energy ,officer ,the ,,build ,act of #bjah 7#bb ,u4,s4,c4 #ifja et seq47 is amended-- 7#a7 in section #adjb-- 7,a7 by redesignating paragraphs 7#c7 and 7#d7 as paragraphs 7#e7 and 7#f71 respectively2 7,b7 by redesignating paragraph 7#b7 as paragraph 7#c72 7,c7 by inserting after paragraph 7#a7 the following3 7#b7 ,early-stage project technical assistance ,the term early-stage project technical assistance includes-- 7,a7 feasibility studies2 7,b7 resource evaluations2 7,c7 project appraisal and costing2 7,d7 pilot projects2 7,e7 commercial support1 such as trade missions1 reverse trade missions1 technical workshops1 international buyer projects1 and international partner searchers to link supplies to projects2 7,f7 technical assistance and other guidance to improve the local regulatory environment and market frameworks to encourage transparent competition and enhance energy security2 and 7,g7 long-term energy sector planning4 2 7,d7 by inserting after paragraph 7#c7 7as so redesignated7 the following3 7#d7 ,multilateral development banks ,the term multilateral development banks has the meaning given that term in section #agja7;c7 of the ,international ,financial ,institutions ,act 7#bb ,u4,s4,c4 #bfbr7c774 2 and 7,e7 by adding at the end the following3 7#g7 ,transformational energy technology ,the term transformational energy technology means-- 7,a7 renewable energy systems2 7,b7 hydrogen fuel cell technology for residential1 energy1 industrial1 or transportation applications2 7,c7 advanced nuclear energy facilities2 7,d7 carbon capture1 utilization1 and sequestration technologies2 7,e7 efficient electrical generation1 transmission1 and distribution technologies2 7,f7 pollution control equipment2 7,g7 energy storage technologies for residential1 industrial1 and transportation applications2 7,h7 technologies and systems for reducing potent greenhouse gas pollutants1 including methane leakage from natural gas transmission and distribution infrastructure2 7,i7 manufacturing and deployment of nuclear supply components for advanced nuclear reactors2 7,j7 system-level energy management solutions2 7,k7 application of platform technologies1 including data analytics1 artificial intelligence1 and other software to improve the energy efficiency and effectiveness of energy infrastructure1 including electric grid operation2 7,l7 energy-water use efficiency in water resources infrastructure and water-using technologies2 7,m7 carbon capture ready combined cycle natural gas generation facilities2 7,n7 carbon capture ready supercritical or ultra-supercritical coal generation facilities2 7,o7 innovative technologies for improving the resilience or reliability of existing energy infrastructure1 including innovative approaches to improve the cybersecurity of energy technologies2 7,p7 innovative technologies for reducing greenhouse emissions from industrial processes2 7,q7 technologies used in the sourcing or processing of critical minerals2 7,r7 technologies used in the gasification or transport of natural gas1 carbon dioxide1 or hydrogen2 and 7,s7 any other technology1 including recycled1 reused1 refurbished1 any repurposed technology1 to support innovative energy technologies or provide an input or application for such technologies4 2 7#b7 in section #adac-- 7,a7 in subsection 7a71 by inserting a ,chief ,energy ,office1 after a ,chief ,development ,officer12 and 7,b7 by adding at the end the following3 7j7 ,chief ,energy ,officer 7#a7 ,appointment ,subject to the approval of the ,board1 the ,chief ,executive ,officer of the ,corporation1 with the concurrence of the ,administrator of the ,united ,states ,agency for ,international ,development1 shall appoint a ,chief ,energy ,officer from among individuals with experience in energy development4 7#b7 ,duties ,the ,chief ,energy ,officer shall-- 7,a7 promote the export of transformational energy technology to be used in the development1 production1 and distribution of energy resources1 critical minerals1 and energy efficiency and energy storage equipment2 7,b7 to the maximum extent practicable1 seek to identify development opportunities and engage in early-stage project technical assistance to promote transformational energy technology projects2 and 7,c7 using broad criteria1 make efforts to ensure that the proportion of projects for which the ,corporation provides support that are transformational energy technology projects is-- 7i7 not less than #cj percent of each form of support provided by the ,corporation2 and 7ii7 not less than #cj percent of the total support provided by the ,corporation for projects sponsored by or involving private sector entities that are ,united ,states persons4 7#c7 ,reports required 7,a7 ,annual report ,not later than #a year after the date of the enactment of this subsection1 and annually thereafter1 the ,chief ,energy ,officer shall submit to the appropriate congressional committees a report on transformational energy technology projects that includes a description of-- 7i7 the development of such projects2 7ii7 such projects under consideration for support by the ,corporation2 7iii7 coordination with other ,federal agencies and with multilateral development banks with respect to such projects2 7iv7 actions taken to identify opportunities for such projects and provide early-stage project technical assistance for such projects2 and 7v7 competition from multilateral development banks with respect to support for such projects4 7,b7 ,energy development report ,not later than #cj days following the close of each fiscal quarter1 the ,chief ,energy ,officer shall update the ,joint ,energy ,export1 ,development1 and ,trade ,database established under section #bee7;d7 of the ,americas ,act with information relevant to the international finance of energy generation and associated infrastructure as determined by the ,deputy ,assistant ,secretary for the ,americas ,partnership4 2 and 7#c7 in title ,v1 by adding at the end the following3 #adee4 ,energy financing considerations 7a7 ,exception for less developed countries ,notwithstanding section #adab7;c71 if the ,corporation determines that a project to be carried out in a country that is not a less developed country and is under consideration for support from the ,corporation may receive financing from the ,government of the ,russian ,federation or the ,government of the ,people's ,republic of ,china1 the ,corporation may dedicate not more than #bj percent of the funds available to provide support for transformational energy technology projects to such country4 7b7 ,substitution effect consideration ,in any environmental assessment for a transformational energy technology project under consideration for support provided by the ,corporation1 the ,chief ,energy ,officer shall consider-- 7#a7 whether the project is under consideration for support from another country with-- 7,a7 greater emission intensity than the ,united ,states2 or 7,b7 less stringent environmental standards than the ,united ,states2 and 7#b7 the environmental impacts that would occur if-- 7,a7 the ,corporation declined to provide support2 and 7,b7 a country with greater emission intensity or less stringent environmental standards than the ,united ,states provided financing to develop the project4 7c7 ,publication of terms ,not later than #ah months after the commencement of construction on a transformational energy technology project1 the ,chief ,energy ,officer shall make publicly available the terms of the contract for the project4 4 7b7 ,office of ,energy ,section #b7;b77#a7 of the ,export-,import ,bank ,act of #aide 7#ab ,u4,s4,c4 #fce7;b77#a77 is amended-- 7#a7 by striking subparagraph 7,c7 and inserting the following3 7,c7 ,office of ,energy 7i7 ,establishment ,there shall be in the ,bank the ,office of ,energy 7referred to in this subparagraph as the ,office74 7ii7 ,purpose ,the purpose of the ,office shall be to promote the export of goods and services to be used in the development1 production1 and distribution of eligible technologies4 7iii7 ,early-stage project technical assistance ,the ,office shall provide1 to the maximum extent practicable1 early-stage project technical assistance to promote eligible technologies4 7iv7 ,reports required 7,i7 ,annual report ,not later than #a year after the date of the enactment of the ,americas ,act1 and annually thereafter1 the ,office shall submit to the appropriate congressional committees a report on-- 7aa7 the development of projects for the export of goods and services to be used in the development1 production1 and distribution of eligible technologies2 7bb7 such projects under consideration for support by the ,bank2 7cc7 coordination with other ,federal agencies and with multilateral development banks with respect to such projects2 7dd7 actions taken to identify opportunities for such projects and provide early-stage project technical assistance for such projects2 and 7ee7 competition from multilateral development banks with respect to support for projects4 7,,ii7 ,energy development report ,not later than #cj days following the close of each fiscal quarter1 the ,office shall update the ,joint ,energy ,export1 ,development1 and ,trade ,database established under section #bee7;d7 of the ,americas ,act with information relevant to the international finance of energy generation and associated infrastructure as determined by the ,deputy ,assistant ,secretary for the ,americas ,partnership4 7v7 ,content policy adjustments 7,i7 ,in general ,the ,bank may guarantee or insure not more than #ajj percent of a contract for the export of goods and services to be used in the development1 production1 and distribution of eligible technologies if not less than #ej percent of the goods and services to be exported under the contract are goods and services that originated or were produced in the ,united ,states4 7,,ii7 ,adjustment for local goods and services ,in the case of a project described in subclause 7,i71 the ,bank may provide financing with respect to goods and services that were produced or originated in the country of the buyer in an amount not to exceed #ej percent of the value of goods and services exported from the ,united ,states under the contract4 7vi7 ,target ,it shall be a goal of the ,bank to ensure that not less than #cj percent of the applicable amount 7as defined in section #f7;a77#b77 is made available each fiscal year for the financing of exports of goods and services to be used in the development1 production1 and distribution of eligible technologies4 7vii7 ,substitution effect consideration ,in any environmental assessment for a project for the export of goods and services to be used in the development1 production1 and distribution of eligible technologies under consideration for support provided by the ,bank1 the ,office shall consider-- 7,i7 whether the project is under consideration for financing from another country with-- 7aa7 greater emission intensity than the ,united ,states2 or 7bb7 less stringent environmental standards than the ,united ,states2 and 7,,ii7 the environmental impacts that would occur if-- 7aa7 the ,bank declined to provide financing2 and 7bb7 a country with greater emission intensity or less stringent environmental standards than the ,united ,states provided financing to develop the project4 7viii7 ,publication of terms ,not later than #ah months after the commencement of construction on a project involving eligible technologies1 the ,office shall make publicly available the terms of the contract for the project4 7ix7 ,definitions ,in this subparagraph3 7,i7 ,early-stage project technical assistance ,the term early-stage project technical assistance includes-- 7aa7 feasibility studies2 7bb7 resource evaluations2 7cc7 project appraisal and costing2 7dd7 pilot projects2 7ee7 commercial support1 such as trade missions1 reverse trade missions1 technical workshops1 international buyer projects1 and international partner searchers to link supplies to projects2 7ff7 technical assistance and other guidance to improve the local regulatory environment and market frameworks to encourage transparent competition and enhance energy security2 and 7gg7 long-term energy sector planning4 7,,ii7 ,eligible technology ,the term eligible technology means-- 7aa7 renewable energy systems2 7bb7 hydrogen fuel cell technology for residential1 energy1 industrial1 or transportation applications2 7cc7 advanced nuclear energy facilities2 7dd7 carbon capture1 utilization1 and sequestration technologies2 7ee7 efficient electrical generation1 transmission1 and distribution technologies2 7ff7 pollution control equipment2 7gg7 energy storage technologies for residential1 industrial1 and transportation applications2 7hh7 technologies and systems for reducing potent greenhouse gas pollutants1 including methane leakage from natural gas transmission and distribution infrastructure2 7ii7 manufacturing and deployment of nuclear supply components for advanced nuclear reactors2 7jj7 system-level energy management solutions2 7kk7 application of platform technologies1 including data analytics1 artificial intelligence1 and other software to improve the energy efficiency and effectiveness of energy infrastructure1 including electric grid operation2 7ll7 energy-water use efficiency in water resources infrastructure and water-using technologies2 7mm7 carbon capture ready combined cycle natural gas generation facilities2 7nn7 carbon capture ready supercritical or ultra-supercritical coal generation facilities2 7oo7 innovative technologies for improving the resilience or reliability of existing energy infrastructure1 including innovative approaches to improve the cybersecurity of energy technologies2 7pp7 innovative technologies for reducing greenhouse emissions from industrial processes2 7qq7 technologies used in the sourcing or processing of critical minerals2 7rr7 technologies used in the gasification or transport of natural gas1 carbon dioxide1 or hydrogen2 and 7ss7 any other technology1 including recycled1 reused1 refurbished1 any repurposed technology1 to support innovative energy technologies or provide an input or application for such technologies4 2 and 7#b7 by striking subparagraph 7,k74 7c7 ,program on transformational exports ,the ,export-,import ,bank ,act of #aide 7#ab ,u4,s4,c4 #fce et seq47 is amended-- 7#a7 in section #b7l7-- 7,a7 in the subsection heading1 by striking ,china and2 7,b7 in paragraph 7#a7-- 7i7 in the matter preceding subparagraph 7,a7-- 7,i7 by striking ,china and2 and 7,,ii7 by striking by the ,people's ,republic of ,china or2 7ii7 in subparagraph 7,a71 by striking by the ,people's ,republic of ,china or2 and 7iii7 in subparagraph 7,b7-- 7,i7 in the matter preceding clause 7i71 by striking the ,people's ,republic of ,china and inserting covered countries2 and 7,,ii7 in clause 7vi71 by striking ,renewable energy and inserting ,eligible technology2 7,c7 in paragraph 7#b7-- 7i7 by redesignating subparagraphs 7,a71 7,b71 and 7,c7 as subparagraphs 7,c71 7,d71 and 7,e71 respectively2 and 7ii7 by inserting after the matter preceding subparagraph 7,c7 7as redesignated by clause 7i77 the following3 7,c7 the ,people's ,republic of ,china2 and 7,d7 the ,russian ,federation2 2 and 7,d7 in paragraph 7#c7-- 7i7 in subparagraph 7,a7-- 7,i7 by striking #bj percent and inserting #ej percent2 and 7,,ii7 by striking ,china and2 7ii7 in subparagraph 7,b71 in the matter preceding clause 7i7-- 7,i7 by striking #bj percent and inserting #ej percent2 and 7,,ii7 by striking the ,people's ,republic of ,china is and inserting the ,people's ,republic of ,china and the ,russian ,federation are2 and 7iii7 in subparagraph 7,d71 by striking ,china and2 7#b7 in section #h7l7-- 7,a7 in the subsection heading1 by striking ,under the and all that follows through exports and inserting under the ,program on ,transformational ,exports2 and 7,b7 in the text1 by striking ,china and2 and 7#c7 in section #h;,a7a77#e7-- 7,a7 in the heading1 by striking renewable and inserting clean2 7,b7 by striking renewable each place it appears and inserting clean2 and 7,c7 by striking section #b7;b77#a77,k7 and inserting section #b7;b77#a77;,c74 7d7 ,joint ,energy ,export1 ,development1 and ,trade ,database 7#a7 ,definitions ,in this subsection3 7,a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7i7 the ,committee on ,energy and ,natural ,resources1 the ,committee on ,finance1 the ,committee on ,banking1 ,housing1 and ,urban ,affairs1 and the ,committee on ,foreign ,relations of the ,senate2 and 7ii7 the ,committee on ,energy and ,commerce1 the ,committee on ,ways and ,means1 the ,committee on ,financial ,services1 and the ,committee on ,foreign ,affairs of the ,house of ,representatives4 7,b7 ,database ,the term ,database means the ,joint ,energy ,export1 ,development1 and ,trade ,database4 7,c7 ,deputy ,assistant ,secretary ,the term ,deputy ,assistant ,secretary means the ,deputy ,assistant ,secretary for the ,americas ,partnership4 7,d7 ,eligible technology ,the term eligible technology means-- 7i7 renewable energy systems2 7ii7 hydrogen fuel cell technology for residential1 energy1 industrial1 or transportation applications2 7iii7 advanced nuclear energy facilities2 7iv7 carbon capture1 utilization1 and sequestration technologies2 7v7 efficient electrical generation1 transmission1 and distribution technologies2 7vi7 pollution control equipment2 7vii7 energy storage technologies for residential1 industrial1 and transportation applications2 7viii7 technologies and systems for reducing potent greenhouse gas pollutants1 including methane leakage from natural gas transmission and distribution infrastructure2 7ix7 manufacturing and deployment of nuclear supply components for advanced nuclear reactors2 7x7 system-level energy management solutions2 7xi7 application of platform technologies1 including data analytics1 artificial intelligence1 and other software to improve the energy efficiency and effectiveness of energy infrastructure1 including electric grid operation2 7xii7 energy-water use efficiency in water resources infrastructure and water-using technologies2 7xiii7 carbon capture ready combined cycle natural gas generation facilities2 7xiv7 carbon capture ready supercritical or ultra-supercritical coal generation facilities2 7xv7 innovative technologies for improving the resilience or reliability of existing energy infrastructure1 including innovative approaches to improve the cybersecurity of energy technologies2 7xvi7 innovative technologies for reducing greenhouse emissions from industrial processes2 7xvii7 technologies used in the sourcing or processing of critical minerals2 7xviii7 technologies used in the gasification or transport of natural gas1 carbon dioxide1 or hydrogen2 and 7xix7 any other technology to support innovative energy technologies or provide an input or application for such technologies4 7#b7 ,establishment ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,energy shall establish a database to be known as the ,joint ,energy ,export1 ,development1 and ,trade ,database4 7#c7 ,management ,the ,deputy ,assistant ,secretary shall-- 7,a7 manage the ,database2 7,b7 ensure the agencies described in paragraph 7#e7 may directly access the ,database to provide the contents required under paragraph 7#d72 and 7,c7 ensure that the ,database is interoperable with the e-government system4 7#d7 ,contents 7,a7 ,in general ,the ,database shall contain information provided by each agency described in paragraph 7#e7 and determined by the ,deputy ,assistant ,secretary1 in consultation with industry partners1 to be relevant to the international finance of eligible technology1 including-- 7i7 for each project related to eligible technology supported by the agency-- 7,i7 a description of the project2 7,,ii7 an identification of the country in which the project is being carried out2 and 7,,iii7 an identification of the primary foreign participants in the project2 7ii7 details of the request for each such project1 including-- 7,i7 the support requested1 including the technical assistance2 and 7,,ii7 project timelines2 and 7iii7 a description of actions taken by the agency with respect to each such project regarding-- 7,i7 financing2 7,,ii7 technical assistance2 7,,iii7 potential hurdles2 7,,iv7 areas for collaboration among agencies2 7,v7 relevant timelines2 7,,vi7 consideration of the effects of support being provided by another country if the agency declines to provide support1 if applicable2 and 7,,vii7 status updates4 7,b7 ,additional content ,the ,deputy ,assistant ,secretary may require such additional information to be included in the ,database as the ,deputy ,assistant ,secretary considers necessary-- 7i7 to enable collaboration between the agencies described in paragraph 7#e72 and 7ii7 to aid the expansion of energy financing4 7,c7 ,updates to ,database ,each agency described in paragraph 7#e7 shall update the ,database not less frequently than quarterly4 7#e7 ,agencies described ,the agencies described in this paragraph shall include-- 7,a7 the ,department of ,energy2 7,b7 the ,department of ,commerce2 7,c7 the ,department of ,state2 7,d7 the ,export-,import ,bank of the ,united ,states2 7,e7 the ,united ,states ,international ,development ,finance ,corporation2 7,f7 the ,trade and ,development ,agency2 7,g7 the ,united ,states ,agency for ,international ,development2 7,h7 the ,department of the ,treasury2 7,i7 the ,office of the ,united ,states ,trade ,representative2 and 7,j7 the ,,build ,americas ,unit4 7#f7 ,agency coordination 7,a7 ,in general ,not later than #bgj days after the date of the enactment of this ,act1 and quarterly thereafter1 the ,deputy ,assistant ,secretary and other officials of equivalent rank from the agencies described in paragraph 7#e7 shall meet to review the ,database and identify areas for collaboration on projects described in the ,database4 7,b7 ,additional participants 7i7 ,in general ,the ,deputy ,assistant ,secretary may invite the individuals described in clause 7ii7 to attend the meetings described in subparagraph 7,a74 7ii7 ,individuals described ,the individuals described in this subparagraph are-- 7,i7 the ,united ,states ,executive ,director of the ,world ,bank ,group2 7,,ii7 the ,united ,states ,executive ,director of the ,inter-,american ,development ,bank2 7,,iii7 the ,united ,states ,executive ,director of the ,asian ,development ,bank2 7,,iv7 the ,united ,states ,executive ,director of the ,african ,development ,bank2 7,v7 the ,united ,states ,executive ,director of the ,european ,bank for ,reconstruction and ,development2 and 7,,vi7 any other head of a ,federal agency as the ,deputy ,assistant ,secretary considers appropriate4 7#g7 ,reports required ,not later than #bgj days after the date of the enactment of this ,act1 and quarterly thereafter1 the ,deputy ,assistant ,secretary shall submit to the appropriate congressional committees a report on the ,database1 which shall include-- 7,a7 a summary of the information provided in accordance with paragraph 7#d72 and 7,b7 an identification of key updates made by the agencies described in paragraph 7#e74 7e7 ,treatment of equity investments at the ,development ,finance ,corporation ,section #adba7;c7 of the ,,build ,act of #bjah 7#bb ,u4,s4,c4 #ifba7;c77 is amended by adding at the end the following3 7#g7 ,treatment of equity investments 7,a7 ,in general ,subject to subparagraphs 7,b7 and 7,c71 support provided under paragraph 7#a7 with respect to a project shall be considered a ,federal credit program that is subject to the ,federal ,credit ,reform ,act of #aiij 7#b ,u4,s4,c4 #ffa et seq47 for purposes of applying the requirements of such ,act to such support4 7,b7 ,determination of cost 7i7 ,in general ,the cost 7as defined in subsection #ejb7e7 of the ,federal ,credit ,reform ,act of #aiij 7#b ,u4,s4,c4 #ffa;a7#e777 of support provided under paragraph 7#a7 with respect to a project shall be the net present value1 at the time when funds are disbursed to provide the support1 of the following estimated cash flows3 7,i7 ,the purchase price of the support4 7,,ii7 ,dividends1 redemptions1 and other shareholder distributions during the term of the support4 7,,iii7 ,proceeds received upon a sale1 redemption1 or other liquidation of the support4 7ii7 ,changes in terms included ,the estimated cash flows described in subclauses 7,i7 through 7,,iii7 of clause 7i7 shall include the effects of changes in terms resulting from the exercise of options included in the agreement to provide the support4 7,c7 ,treatment of risk 7i7 ,in general ,the ,corporation shall hold in reserve an amount equal to #e percent of the amount of financing outstanding under paragraph 7#a7 to ensure that the ,corporation has funds available if necessary as a result of-- 7,i7 any difference between the cost of support under paragraph 7#a7 estimated before the date of the enactment of the ,americas ,act and reestimated1 as required by this paragraph1 after such date of enactment2 and 7,,ii7 any other losses that occur as the result of an equity investment4 7ii7 ,deduction from maximum contingent liability ,the maximum contingent liability under section #adcc shall be reduced by the amount held in reserve under clause 7i74 4 7f7 ,modification of maximum contingent liability at the ,development ,finance ,corporation ,section #adcc of the ,,build ,act of #bjah 7#bb ,u4,s4,c4 #ifcc7 is amended to read as follows3 #adcc4 ,maximum contingent liability ,the maximum contingent liability of the ,corporation outstanding at any one time shall not exceed in the aggregate #ij1jjj1jjj1jjj4 4 7g7 ,modification of aggregate loan1 guarantee1 and insurance authority of ,export ,import ,bank ,section #f7;a77#b7 of the ,export-,import ,bank ,act of #aide 7#ab ,u4,s4,c4 #fce;e7a77#b77 is amended by striking #bjbj through #bjbg1 means #ace1jjj1jjj1jjj and inserting #bjbb through #bjbg1 means #age1jjj1jjj1jjj4 7h7 ,energy plan for the ,americas 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,chief ,energy ,officer of the ,united ,states ,international ,development ,finance ,corporation 7established under subsection 7j7 of section #adac of the ,,build ,act1 as added by subsection 7a77#b771 in coordination with the officials specified in paragraph 7#c71 shall submit to ,congress a comprehensive energy plan for the ,americas4 7#b7 ,elements ,the plan required by paragraph 7#a7 shall address the following3 7,a7 ,challenges1 limitations1 and opportunities in the ,americas for investment in securing the energy independence of the ,western ,hemisphere4 7,b7 ,renewable and non-renewable sources of energy4 7,c7 ,a list of major investments required to carry out the plan4 7,d7 ,energy regulations to be addressed by the business advisory board established pursuant to section #bjb4 7,e7 ,impact of the plan on global carbon emissions and approaches for achieving carbon neutrality4 7,f7 ,such other information relating to affordable energy independence in the ,americas as the ,chief ,energy ,officer considers appropriate4 7#c7 ,officials specified ,the officials specified in this paragraph are the following3 7,a7 ,the ,secretary of ,commerce4 7,b7 ,the ,administrator of the ,united ,states ,agency for ,international ,development4 7,c7 ,the ,secretary of ,state4 7,d7 ,the ,united ,states ,trade ,representative4 7,e7 ,the ,director of the ,trade and ,development ,agency4 7,f7 ,the head of any other agency the ,chief ,energy ,officer considers appropriate4 ,d ,people-to-,people activities #bfa4 ,humanitarian and business development assistance 7a7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 the promotion of human rights and democracy around the world is essential2 7#b7 such promotion should continue to be incorporated into ongoing programs1 such as those of the ,bureau of ,democracy1 ,human ,rights1 and ,labor of the ,department of ,state1 the ,office of ,democracy and ,governance of the ,united ,states ,agency for ,international ,development1 the ,national ,endowment for ,democracy1 the ,commercial ,law ,development ,program at the ,department of ,commerce1 and other governmental and nongovernmental entities2 7#c7 the activities authorized under this subtitle should remain focused on the objectives of this subtitle2 and 7#d7 any funds appropriated pursuant to this subtitle should be expended on such activities4 7b7 ,purpose ,the purposes of this section are-- 7#a7 to deepen the cultural and people-to-people ties between the people of ,americas partner countries2 7#b7 to facilitate the establishment of sustainable market solutions to increase the economic advancement interdependence of the countries in the ,western ,hemisphere2 and 7#c7 to advance the objectives of this subtitle through support to businesses1 which should remain focused on those endeavors4 7c7 ,assistance authorized 7#a7 ,in general ,the ,secretary of ,state1 in consultation with the ,administrator of the ,united ,states ,agency for ,international ,development1 the ,director of the ,united ,states ,trade and ,development ,agency1 and the ,secretary of ,commerce1 shall establish a people-to-people assistance program through which individuals in ,americas partner countries may participate in programs funded by the ,united ,states ,government4 7#b7 ,program elements ,the programs established pursuant to paragraph 7#a7 shall remain focused on achieving the objectives of the ,americas ,partnership ,threshold ,program established under section #bbc7;a71 and may include grants and contracts for-- 7,a7 training programs related to public administration1 such as the ,global ,procurement ,initiative of the ,united ,states ,trade and ,development ,agency1 and good regulatory practices and practices of internal governance2 7,b7 technical assistance related to-- 7i7 improved service delivery for public services2 7ii7 studies1 reports1 and other deliverables needed related to engineering1 construction1 maintenance of public or private infrastructure2 7iii7 feasibility studies related to private sector investments2 and 7iv7 startup grants1 venture capital1 and equity for establishing and growing businesses2 and 7v7 other activities to support the ,americas ,partnership ,threshold ,program2 and 7,c7 other people-to-people assistance authorized by the ,secretary of ,state4 7#c7 ,implementation ,the ,secretary of ,state is authorized to enter into contracts with for-profit private sector entities to implement the people-to-people assistance program authorized under this subsection4 7d7 ,americas ,partnership ,accelerator ,program 7#a7 ,establishment ,there is established within the ,united ,states ,agency for ,international ,development a program to be known as the ,americas ,partnership ,accelerator ,program1 which shall catalyze small and medium industries within ,americas partner countries by providing short-term1 tangible successes1 which will help people recognize entrepreneurs in their communities who are benefiting from the ,americas program4 7#b7 ,authorization of appropriations ,there is authorized to be appropriated1 from the ,re-shoring and ,near-shoring ,account established under section #cja1 #ae1jjj1jjj to carry out the program established under paragraph 7#a74 7e7 ,americas ,partnership ,fund for ,nature 7#a7 ,establishment ,there is established in the ,treasury of the ,united ,states the ,americas ,partnership ,fund for ,nature1 which shall be used by the ,united ,states ,agency for ,international ,development to assist ,americas partner countries by catalyzing activities advancing conservation efforts through grants1 technical assistance1 and other tools4 7#b7 ,authorization of appropriations ,there is authorized to be appropriated1 from the ,re-shoring and ,near-shoring ,account established under section #cja1 #aj1jjj1jjj to carry out the activities described in paragraph 7#a74 7f7 ,funding ,the ,secretary of ,state may expend such sums as may be necessary from the ,re-shoring and ,near-shoring ,account established under section #cja to carry out this section4 #bfb4 ,department of ,state 7a7 ,cultural affairs programs ,the ,secretary of ,state may provide ,americas partner countries with additional cultural affairs programming1 including-- 7#a7 additional ,english language programming2 7#b7 additional scholarship slots for the ,j4 ,william ,fulbright ,educational ,exchange ,program authorized under the ,mutual ,educational and ,cultural ,exchange ,act of #aifa 7#bb ,u4,s4,c4 #bdea et seq472 7#c7 increased participation in the ,fulbright-,hays ,program authorized under section #ajb of the ,mutual ,educational and ,cultural ,exchange ,act of #aifa 7#bb ,u4,s4,c4 #bdeb72 7#d7 additional slots in exchange programs of the ,bureau of ,educational and ,cultural ,affairs that benefit outbound ,american citizens2 7#e7 additional cultural exchange programs in music and the arts2 7#f7 establishing additional ,american ,corners or other outreach mechanisms2 and 7#g7 the appropriation of additional amounts for the ,ambassador's ,special ,self-,help ,fund authorized under the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baea et seq474 7b7 ,existing programs ,the ,secretary of ,state may build upon existing programs1 such as the #ajj1jjj ,strong in the ,americas ,innovation ,fund1 the ,college ,horizons ,opportunity ,program1 ,young ,leaders of the ,americas ,initiative1 and other programs1 as the ,secretary deems appropriate4 7c7 ,funding ,in addition to any other amounts made available to the ,bureau of ,western ,hemisphere ,affairs1 the ,secretary of ,state may expend such sums as may be necessary from the ,re-shoring and ,near-shoring ,account established under section #cja to carry out this section4 #bfc4 ,peace ,corps 7a7 ,additional volunteers in ,americas partner countries ,the ,director of the ,peace ,corps shall take the necessary steps to double the number of ,peace ,corps volunteers in each ,americas partner country during the #bg-month period immediately following the date on which such country enters into a partnership agreement pursuant to section #bja4 7b7 ,establishing a ,peace ,corps volunteers in new countries ,as soon as possible after an ,americas partner country that does not have a ,peace ,corps presence enters into a partnership agreement pursuant to section #bja1 the ,director of the ,peace ,corps shall take the necessary steps to assign ,peace ,corps volunteers to such country4 7c7 ,offsets ,the cost of deploying additional ,peace ,corps volunteers to ,americas partner countries under this section shall be paid for-- 7#a7 with offsets from ,peace ,corps deployments to other countries2 or 7#b7 from the ,re-shoring and ,near-shoring ,account established under section #cja4 #bfd4 ,american ,university of the ,americas 7a7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 quality university education is essential for the advancement of free1 prosperous societies2 7#b7 there is not a ,latin ,american university included among the top #ajj global universities in the ,u4,s4 ,news and ,world ,report's #bjbb-bjbc rankings2 7#c7 there is a significant need for high-quality1 nonideological1 affordable university education in ,latin ,america1 especially education that is focused on science1 technology1 engineering1 and math2 and 7#d7 it is essential to protect intellectual diversity on college campuses1 while not attempting to limit freedom of speech4 7b7 ,establishment 7#a7 ,in general ,during the #b-year period beginning on the date that is #a year after the date of the enactment of this ,act1 the ,administrator of the ,united ,states ,agency for ,international ,development1 in cooperation with ,american ,schools and ,hospitals ,abroad1 shall establish the ,american ,university of the ,americas in up to #c ,americas partner countries selected by the ,administrator1 in consultation with the ,secretary of ,education4 7#b7 ,independence ,the ,american ,university of the ,americas-- 7,a7 shall be modeled after similar institutions1 such as the ,american ,university of ,armenia1 the ,american ,university of ,dubai1 the ,american ,university of ,nigeria1 and the ,american ,university of ,cairo2 7,b7 shall remain independent of the ,united ,states ,government2 and 7,c7 shall be registered as a legal educational entity in the country in which its headquarters is located4 7#c7 ,federal government support ,notwithstanding paragraph 7#b71 the ,united ,states ,government shall support the ,american ,university of the ,americas by-- 7,a7 facilitating its founding1 including its registration as a legal educational entity2 7,b7 offering assistance with the development of academic programs2 7,c7 providing needed financial assistance2 7,d7 advising the ,center of ,excellence for ,combating ,corruption established pursuant to subsection 7h72 and 7,e7 retaining a seat on the ,board for the ,chief ,administrator of the ,americas ,investment ,corporation4 7#d7 ,authorized campuses 7,a7 ,in general ,of the campuses of the ,american ,university of the ,americas authorized to be established under paragraph 7#a7-- 7i7 #a campus may be established in ,central ,america2 7ii7 #a campus may be established in the ,caribbean2 and 7iii7 #a campus may be established in the ,southern ,cone4 7,b7 ,joint operations ,the #c campuses established pursuant to subparagraph 7,a7 may share administrative1 legal1 and academic resources4 7c7 ,host country selection 7#a7 ,solicitation of proposals ,the ,administrator shall solicit proposals from ,americas partner countries desiring to host the ,american ,university of the ,americas4 7#b7 ,proposal contents ,proposals submitted pursuant to paragraph 7#a7 shall-- 7,a7 identify the proposed location of the institution2 7,b7 evaluate the financial viability of the institution2 7,c7 describe the support that the host government is committed to provide to the institution2 7,d7 include a sustainability plan for the institution2 7,e7 identify possible private-sector1 nonprofit1 and other partners who have committed to work with the institution2 7,f7 identify individuals who have agreed to serve on the institution's board of directors1 with letters of commitment2 and 7,g7 identify any local legislation that will need to be enacted in order to establish the institution in the host country1 along with a plan to enact such legislation4 7#c7 ,grant 7,a7 ,in general ,the ,administrator shall award a grant to each country selected to host a campus of the ,american ,university of the ,americas to provide startup funding4 7,b7 ,eligible entities ,a grant authorized under subparagraph 7,a7 may be given to a university1 the ministry of higher education of the host country1 or any other organization that is capable of facilitating the establishment of a campus of the ,american ,university of the ,americas in accordance with this section4 7#d7 ,legal registration ,after a country is selected to host the ,american ,university of the ,americas1 the ,administrator shall formally register the institution in such country4 7d7 ,accreditation 7#a7 ,in general ,not later than #e years after the date on which the ,american ,university of the ,americas begins operations1 the institution shall seek accreditation with an accrediting agency recognized by the ,department of ,education in accordance with subtitle ,b of title #cd1 ,code of ,federal ,regulations4 7#b7 ,foreign accreditation ,the representative of the ,united ,states in the ,americas ,partnership business advisory board established pursuant to section #bjb shall encourage collaboration with ,americas partner countries to ensure the accreditation of science1 technology1 engineering1 math1 and medicine degrees with the appropriate education ministries or departments of ,americas partner country governments4 7e7 ,degrees2 coursework 7#a7 ,,stem and business development degrees ,federal funding for the ,american ,university of the ,americas may only be used to subsidize courses leading to a degree in science1 technology1 engineering1 math1 medicine1 business development1 or management4 ,prerequisites may only be allowed for coursework related to such degrees4 7#b7 ,exchange programs2 virtual learning ,the ,american ,university of the ,americas shall offer exchange programs and virtual learning programs4 7#c7 ,languages ,the languages of instruction for the ,american ,university of the ,americas-- 7,a7 shall be governed by local law and accompanying regulations of accreditation agencies1 with an effort to assure fully bilingual graduates2 and 7,b7 shall include the ,english language4 7f7 ,funding limitation ,the ,american ,university of the ,americas may not accept any funding from the ,government of the ,people's ,republic of ,china1 the ,government of the ,republic of ,cuba1 the ,government of the ,bolivarian ,republic of ,venezuela1 the ,government of the ,russian ,federation1 the ,government of the ,islamic ,republic of ,iran1 or any individual or institution working on behalf of any such government4 ,if any funding is accepted by the ,american ,university of the ,americas in violation of this subsection1 the relationship between the ,united ,states and the institution shall be immediately terminated4 7g7 ,centers of excellence ,the ,american ,university of the ,americas shall include a ,center of ,excellence for ,combating ,corruption1 ,human1 and ,other ,trafficking and ,organized ,crime that carries out research and pubic education related to corruption1 money laundering 7including trade-based money laundering71 human trafficking1 drug trafficking1 and other related criminal activities in ,americas partner countries and throughout the ,americas4 7h7 ,funding ,the ,secretary of ,state may expend such sums as may be necessary from the ,re-shoring and ,near-shoring ,account established under section #cja to carry out this section4 #bfe4 ,united ,states ,agency for ,international ,development ,caribbean and ,latin ,american ,scholarship ,program ,,iii 7a7 ,in general ,the ,administrator of the ,united ,states ,agency for ,international ,development shall establish a scholarship program1 which be known as the ,caribbean and ,latin ,american ,scholarship ,program ,,iii-- 7#a7 shall be modeled after the second phase of the ,caribbean and ,latin ,american ,scholarship ,program 7commonly known as ,,clasp-,,ii72 7#b7 shall offer full ride scholarships 7including tuition1 fees1 and reasonable accommodations7 to qualifying students in partner countries2 7#c7 shall offer bachelor's and master's degrees in science1 technology1 engineering1 math1 and the ,english language2 and 7#d7 shall require students-- 7,a7 to study outside of their respective countries of citizenship2 and 7,b7 to commit to return to their respective countries of origin following the completion of their studies4 7b7 ,authorization of appropriations ,there is authorized to be appropriated1 from the ,re-shoring and ,near-shoring ,account established under section #cja1 #bj1jjj1jjj for fiscal year #bjbd and each successive fiscal year to carry out the scholarship program authorized under subsection 7a7 in ,americas partner countries4 #bff4 ,concern for ,advanced ,retired and ,elderly nonimmigrant visa program for aliens who provide direct care for elderly populations 7a7 ,findings ,congress makes the following findings3 7#a7 ,in #bjae1 there were an estimated #dg1hjj1jjj individuals in the ,united ,states who were #fe years of age or older1 and by #bjcj1 it is expected that there will be nearly #gc1jjj1jjj individuals in the ,united ,states who are #fe years of age or older1 which is approximately #a_/e of the population4 7#b7 ,in #bjbj-- 7,a7 #de percent of individuals caring for an elderly family member in the ,united ,states experienced financial hardship as a result of such caregiving1 of whom #bh percent stopped saving and #bb percent exhausted their personal short-term savings2 7,b7 #ae percent of ,united ,states workers transitioned from full-time employment to part-time employment due to the need to provide care for an elderly family member2 7,c7 #f percent of ,united ,states workers left the workforce entirely to care for an elderly loved one2 and 7,d7 #bg percent of ,united ,states workers reported finding affordable elder care services very difficult1 and #cc percent of such workers reported finding such services moderately difficult4 7#c7 ,if working family caregivers aged #ej years and older are provided the support they need to care for their loved ones1 the gross domestic product of the ,united ,states could grow by an additional #a1gjj1jjj1jjj1jjj by #bjcj4 7#d7 ,in the ,united ,states1 nursing assistants and home health aides-- 7,a7 comprise the largest group of workers in the long-term care workforce2 and 7,b7 are among the #aj occupations experiencing the highest levels of job growth4 7#e7 ,in #bjad1 there were approximately #a1bbj1jjj nursing assistants and #gjd1ejj home health aides in the ,united ,states4 7#f7 ,the need for workers providing direct care for elderly populations is expected to grow by #cd percent by #bjcj1 which is significantly higher than the capacity of ,united ,states workers to fill the need4 7b7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 the increasing care needs of the elderly population of the ,united ,states is of increasing significance1 both in terms of cost and time1 as ,united ,states family size decreases and the overall population ages2 and 7#b7 the establishment of a nonimmigrant visa category to increase the availability of caregivers and lower the cost of caring for the elderly will allow the family members of the elderly1 particularly women and single heads of household who historically have taken a greater role in caring for elderly parents1 to continuing working rather than taking on a caregiving role4 7c7 ,concern for ,advanced ,retired and ,elderly nonimmigrant visa program 7#a7 ,in general ,section #aja7;a77#ae7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77 is amended-- 7,a7 in subparagraph 7,t77ii77,,iii71 by striking the period at the end and inserting a semicolon2 7,b7 in subparagraph 7,u77iii71 by striking or at the end2 7,c7 in subparagraph 7,v77ii77,,ii71 by striking the period at the end and inserting 2 or2 and 7,d7 by adding at the end the following3 7,w7 subject to section #bad7s71 an alien who seeks admission to the ,united ,states temporarily for the purpose of providing direct care1 as a nursing assistant1 a home health aide1 a personal care aide1 a psychiatric assistant or aide1 a mobility assistant1 or a child care provider1 for #a or more individuals who are-- 7i7 retired or elderly2 7ii7 receiving-- 7,i7 disability insurance benefits under section #bbc of the ,social ,security ,act 7#db ,u4,s4,c4 #dbc7 or monthly insurance benefits under section #bjb of such ,act 7#db ,u4,s4,c4 #djb7 based on such individuals' disability2 or 7,,ii7 supplemental security income benefits under title ,,xvi of the ,social ,security ,act 7#db ,u4,s4,c4 #acha et seq47 on the basis of blindness or disability2 or 7iii7 too young to be eligible for a free public education 7as defined in section #haja of the ,no ,child ,left ,behind ,act of #bjja 7#bj ,u4,s4,c4 #ghja7 in the ,state or territory in which such individuals are residing4 4 7#b7 ,requirements applicable to the ,concern for ,advanced ,retired and ,elderly nonimmigrant visa program ,section #bad of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7 is amended by adding at the end the following3 7s7 ,concern for ,advanced ,retired and ,elderly 7,,care7 nonimmigrant visa program 7#a7 ,defined term ,the term ,,care visa means a visa issued to an alien described in section #aja7;a77#ae77,w7 in accordance with the requirements under this section4 7#b7 ,selection of applicants 7,a7 ,in general ,the ,secretary of ,state1 in coordination with the ,attorney ,general1 the ,secretary of ,homeland ,security1 the ,secretary of ,labor1 and the ,secretary of ,health and ,human ,services1 shall work with the ,americas partner country 7as defined in section #b of the ,americas ,act7 to identify1 vet1 train1 and certify applicants for ,,care visas4 7,b7 ,application process 7i7 ,in general ,the ,secretary of ,state1 in coordination with the ,americas partner country and private entities1 shall establish a process by which an alien may apply to be considered for a ,,care visa4 7ii7 ,certification required 7,i7 ,in general ,the ,secretary of ,state may not approve an application for a ,,care visa unless the alien has first applied to the ,secretary of ,labor for1 and obtained1 a certification that-- 7aa7 there are not sufficient workers who are able1 willing1 and qualified1 and who will be available at the time and place needed1 to perform the labor or services involved in the application2 and 7bb7 the employment of the alien in such labor or services will not adversely affect the wages and working conditions of workers in the ,united ,states similarly employed4 7,,ii7 ,fees ,the ,secretary of ,labor may require1 by regulation1 as a condition of issuing a certification under clause 7i71 the payment of a fee to recover the reasonable costs of processing applications for certification4 7,c7 ,training ,with respect to each alien selected to apply for a ,,care visa1 the ,secretary of ,state shall coordinate with the ,secretary of ,labor and the applicable ,americas partner country to provide training on direct care of individuals described in section #aja7;a77#ae77,w7-- 7i7 in the primary language of the ,americas partner country1 as applicable2 7ii7 with respect to the direct care of retired or elderly individuals1 in accordance with the standards applicable to a nurse aide training and competency evaluation program under sections #dhc4aeb and #dhc4aed of title #db1 ,code of ,federal ,regulations 7or successor regulations72 and 7iii7 for the purpose of serving temporarily as a nursing assistant1 home health aide1 personal care aide1 psychiatric assistant1 mobility assistant1 or child care provider in the ,united ,states4 7,d7 ,competency evaluation and certification 7i7 ,in general ,on completion of the training provided under subparagraph 7,b71 an alien seeking a ,,care visa for the purpose of providing direct care for an alien described in section #aja7;a77#ae77,w77i7 shall be evaluated for competency in accordance with the standards applicable to a nurse aide training and competency evaluation program under sections #dhc4aeb and #dhc4aed of title #db1 ,code of ,federal ,regulations 7or successor regulations74 7ii7 ,certification ,if the ,secretary of ,state makes a determination that an individual described in clause 7i7 has attained competency in accordance with the standards referred to in such clause1 the ,secretary may certify such individual for a ,,care visa4 7,e7 ,numerical limitation ,not more than #ej1jjj ,,care visas may be issued annually under this subsection4 7#c7 ,prohibitions ,the ,secretary of ,state may not issue a ,,care visa to any individual who-- 7,a7 has not been certified under paragraph 7#b77;,c77ii7 7unless such individual will only be providing direct care to an individual described in clause 7ii7 or 7iii7 of section #aja7;a77#ae77,w772 or 7,b7 has not completed security and law enforcement background checks to the satisfaction of the ,secretary of ,homeland ,security4 7#d7 ,english language not required ,the issuance of a ,,care visa or the admission of an alien to the ,united ,states pursuant to a ,,care visa may not be conditioned on ,english-language competency4 7#e7 ,period of authorized admission ,the period of authorized admission for a nonimmigrant described in section #aja7;a77#ae77,w7 who has been issued a ,,care visa shall be not more than #g years and may not be renewed or extended for any reason4 4 7#c7 ,protections for victims of trafficking ,section #bjc of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #acge;c7 is amended-- 7,a7 in the section heading1 by striking and ,g-#e and inserting 1 ,g-#e1 and ,,care2 7,b7 in subsection 7a7-- 7i7 in the subsection heading1 by striking and ,g-#e and inserting 1 ,g-#e1 and ,,care2 and 7ii7 in paragraph 7#a7-- 7,i7 in subparagraph 7,a7-- 7aa7 by striking subsection 7d77#b7 and inserting subsection 7b77#b72 and 7bb7 by striking 2 or and inserting a semicolon2 7,,ii7 in subparagraph 7,b71 by striking the period at the end and inserting 2 and2 and 7,,iii7 by adding at the end the following3 7,c7 a ,,care visa unless the applicant is employed1 or has signed a contract to be employed to provide direct care1 as a nursing assistant1 a home health aide1 a personal care aide1 a psychiatric assistant or aide1 a mobility assistant1 or a child care for individual described in section #aja7;a77#ae77,w7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77,w774 2 7,c7 in subsection 7b7-- 7i7 in the subsection heading-- 7,i7 by striking and ,g-#e and inserting 1 ,g-#e1 and ,,care2 and 7,,ii7 by striking employed by diplomats and staff of international organizations2 7ii7 in paragraph 7#a71 in the matter preceding subparagraph 7,a71 by striking or a ,g-#e visa and inserting 1 a ,g-#e visa1 or a ,,care visa2 and 7iii7 in paragraph 7#d77;,a71 by striking or a ,g-#e visa and inserting 1 a ,g-#e visa1 or a ,,care visa2 7,d7 in subsection 7c77#a7-- 7i7 in subparagraph 7,a71 by striking or a ,g-#e visa and inserting 1 a ,g-#e visa1 or a ,,care visa2 and 7ii7 in subparagraph 7,c7-- 7,i7 by striking or a ,g-#e visa and inserting 1 a ,g-#e visa1 or a ,,care visa2 and 7,,ii7 by striking or ,g-#e nonimmigrant and inserting 1 ,g-#e1 or ,,care nonimmigrant2 7,e7 in subsection 7e71 by striking or a ,g-#e visa and inserting 1 a ,g-#e visa1 or a ,,care visa2 and 7,f7 in subsection 7f71 by adding at the end the following3 7#e7 ,,care visa ,the term ,,care visa means a nonimmigrant visa issued pursuant to subparagraph 7,w7 of section #aja7;a77#ae7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae774 4 7d7 ,authorization ,to hire additional embassy personnel ,the ,secretary of ,state may increase the number of foreign service officers stationed at ,united ,states embassies in order to ensure the efficient adjudication of visa applications associated with the ,concern for ,advanced ,retired and ,elderly nonimmigrant visa program4 #bfg4 ,sense of ,congress on ,,tn visa program ,it is the sense of ,congress that the ,president should incorporate into the periodic review of the ,,usmca for #bjbf a discussion of the establishment of a ,,tn visa category for low-skill workers4 #bfh4 ,assessment of visa waiver program eligibility for ,uruguay and ,costa ,rica ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,state1 shall submit to ,congress a report that includes-- 7#a7 an assessment as to whether ,uruguay meets the eligibility criteria for designation as a program country for purposes of the visa waiver program under section #bag of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahg72 7#b7 an assessment as to whether ,costa ,rica meets such eligibility criteria2 and 7#c7 in the case of an assessment that ,uruguay or ,costa ,rica does not meet such eligibility criteria1 a description of the actions required of such country in order to meet such criteria4 #bfi4 ,radio ,free ,americas 7a7 ,authority ,the ,secretary of ,state1 the ,administrator of the ,united ,states ,agency for ,international ,development1 the ,secretary of ,commerce1 or the head of any other relevant ,federal department may award annual grants to a country in ,latin ,america or the ,caribbean for the purpose of carrying out a broadcasting service1 which-- 7#a7 shall be known as ,radio ,free ,americas2 7#b7 shall consist of radio1 television1 social media1 and other public communications efforts2 and 7#c7 may not result in any curtailment of the ongoing work of ,radio ,mart4 7b7 ,functions ,radio ,free ,americas shall-- 7#a7 provide accurate and timely information1 news1 and commentary about events in the ,americas and in other places around the world2 and 7#b7 be a forum for a variety of opinions and voices from within nations in the ,western ,hemisphere whose people do not fully enjoy freedom of expression4 7c7 ,grant agreement 7#a7 ,in general ,any grant awarded under this section shall be subject to the limitations and restrictions set forth in paragraphs 7#b7 through 7#e74 7#b7 ,location of headquarters ,no grant may be awarded under this section unless the headquarters of ,radio ,free ,americas and its senior administrative and managerial staff are in a location that ensures economy1 operational effectiveness1 and accountability to the ,united ,states ,government4 7#c7 ,obligations ,any agreement governing a grant awarded under this section shall require that any contract entered into by the grantee on behalf of ,radio ,free ,americas specifies that all obligations related to the functions described in subsection 7b7 be assumed by ,radio ,free ,americas and not by the ,united ,states ,government4 7#d7 ,lease agreements ,any such grant agreement shall require that any lease agreements entered into by the grantee on behalf of ,radio ,free ,americas be assignable to the ,united ,states ,government1 to the maximum extent possible4 7#e7 ,limitation on activities2 terminations ,grants awarded under this section shall be made pursuant to a grant agreement-- 7,a7 requiring that grant funds be used only for activities in accordance with this section2 and 7,b7 specifying that failure to comply with the requirements under this section authorizes the termination of the agreement without fiscal obligation to the ,united ,states4 7d7 ,sense of ,congress regarding administrative and managerial costs ,it is the sense of ,congress that administrative and managerial costs for the operation of ,radio ,free ,americas-- 7#a7 should be kept to a minimum2 and 7#b7 should not exceed the costs that would have been incurred if ,radio ,free ,americas had been operated as a ,federal entity rather than through a grantee4 7e7 ,assessment of the effectiveness of ,radio ,free ,americas ,not later than #c years after the date on which initial funding is provided for the purpose of operating ,radio ,free ,americas1 the ,secretary of ,state shall submit a report to the appropriate congressional committees regarding-- 7#a7 whether ,radio ,free ,americas-- 7,a7 is technically sound and cost-effective2 7,b7 consistently meets the standards for quality and objectivity established under this section2 and 7,c7 is received by a sufficient audience to warrant its continued operations2 7#b7 the extent to which the information1 news1 and commentary provided by ,radio ,free ,americas is also being received by the target audience from other credible sources2 and 7#c7 the extent to which the interests of the ,united ,states are being served by maintaining the operations of ,radio ,free ,americas4 7f7 ,notification and consultation regarding displacement of ,voice of ,america broadcasting ,the ,chief ,executive ,officer of the ,united ,states ,agency for ,global ,media shall notify the appropriate congressional committees before-- 7#a7 entering into any agreement for the utilization of ,voice of ,america transmitters1 equipment1 or other resources that will significantly reduce the broadcasting activities of the ,voice of ,america in the ,americas or in any other region in order to accommodate the broadcasting activities of ,radio ,free ,americas2 or 7#b7 entering into any agreements in regard to the utilization of ,radio ,free ,americas transmitters1 equipment1 or other resources that will significantly reduce the broadcasting activities of ,radio ,free ,americas4 7g7 ,alternative grantee ,if the ,chief ,executive ,officer of the ,united ,states ,agency for ,global ,media determines that ,radio ,free ,americas is not carrying out the functions described in subsection 7b7 in an effective and economical manner1 the ,chief ,executive ,officer may award the grant to carry out such functions to another entity4 7h7 ,federal status ,nothing in this section may be construed to make ,radio ,free ,americas a ,federal agency or instrumentality4 7i7 ,funding ,the ,secretary of ,state may expend such sums as may be necessary from the ,re-shoring and ,near-shoring ,account established under section #cja to carry out this section4 #bgj4 ,biennial presidential summit ,not less frequently than biennially1 the ,president1 in consultation with the ,secretary of ,state1 shall host a summit for ,americas partner countries during which such countries shall highlight and showcase successful investments1 endeavors1 and programs associated with activities authorized under this ,act4 ,,iii ,revenue and financial management #cja4 ,re-shoring and ,near-shoring ,account 7a7 ,in general ,there is established within the ,treasury of the ,united ,states an account to be known as the ,re-shoring and ,near-shoring ,account 7in this section referred to as the ,account71 consisting of such amounts as are-- 7#a7 appropriated pursuant to the authorization of appropriations under subsection 7c72 7#b7 deposited into or transferred to the ,account as specified in title ,,ii or subsection 7c7 of section #cba of ,tariff ,act of #aicj1 as added by section #cjb2 and 7#c7 credited to the ,account under subsection 7d74 7b7 ,use of amounts ,amounts in the ,account shall be available1 without further appropriation1 to carry out titles ,i and ,,ii4 7c7 ,authorization of appropriations 7#a7 ,in general ,there are authorized to be appropriated #ejj1jjj1jjj for fiscal year #bjbd for initial capitalization of the ,account4 7#b7 ,reimbursement of treasury ,not later than #b years after the date of the enactment of this ,act1 the ,account shall reimburse the treasury for the amount appropriated pursuant to the authorization of appropriations under paragraph 7#a74 7d7 ,investment of amounts 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,secretary of the ,treasury shall invest such portion of the ,account as is not required to meet current withdrawals in interest-bearing obligations of the ,united ,states or in obligations guaranteed as to both principal and interest by the ,united ,states4 7#b7 ,authorization of investment in other instruments 7,a7 ,in general ,the ,secretary of the ,treasury may invest such portion of the ,account as the ,secretary anticipates will be held in the ,account for not less than #b years in equity securities or other securities through a commercial bank if the ,secretary determines such investments are appropriate4 7,b7 ,definitions ,in this paragraph1 the terms equity security and security have the meanings given those terms in section #c7;a7 of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;c7a774 7#c7 ,interest and proceeds ,the interest on1 and the proceeds from the sale or redemption of1 any obligations held in the ,account shall be credited to and form a part of the ,account4 #cjb4 ,modification of treatment of de minimis entries of articles ,section #cba of ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #acba7 is amended-- 7#a7 by amending subsection 7a77#b77;,c7 to read as follows3 7,c7 in any other case1 such amount as the ,secretary establishes under subsection 7c77#a74 2 and 7#b7 by adding at the end the following3 7c7 ,treatment of de minimis entries 7#a7 ,reciprocity with respect to de minimis entries 7,a7 ,establishment of thresholds 7i7 ,in general ,not later than #ahj days after the date of the enactment of the ,americas ,act1 the ,secretary of the ,treasury shall prescribe regulations to establish dollar amount thresholds1 which may not exceed #hjj1 for de minimis entries for purposes of subsection 7a77#b77;,c74 7ii7 ,requirements ,the ,secretary shall establish a threshold under clause 7i7 for each country that is equal to the sum of-- 7,i7 the dollar amount threshold of that country for de minimis entries from the ,united ,states2 and 7,,ii7 any related thresholds of that country1 such as a threshold relating to a value-added tax on imports4 7iii7 ,publication2 notification ,not later than #ahj days after the date of the enactment of the ,americas ,act1 and annually thereafter1 the ,secretary shall-- 7,i7 publish the threshold established under clause 7i7 in the ,federal ,register2 and 7,,ii7 notify the governments of foreign countries of the threshold4 7,b7 ,transfer of amounts attributable to de minimis entries to ,re-shoring and ,near-shoring ,account 7i7 ,in general ,the ,secretary of the ,treasury shall transfer to the ,re-shoring and ,near-shoring ,account established under section #cja of the ,americas ,act from the general fund of the ,treasury1 for fiscal year #bjbd and each fiscal year thereafter1 an amount equivalent to the amount received into the general fund during that fiscal year that the ,secretary determines is attributable to revenue received as a result of the dollar amount thresholds established under subparagraph 7,a74 7ii7 ,frequency of transfers ,the ,secretary shall transfer amounts required by clause 7i7 to be transferred to the ,re-shoring and ,near-shoring ,account not less frequently than quarterly4 7#b7 ,prohibition on de minimis entries from certain countries 7,a7 ,in general ,not later than one year after the date of the enactment of the ,americas ,act1 and annually thereafter1 the ,secretary of the ,treasury shall publish a list of countries the articles of which are not eligible for entry under subsection 7a77#b77;,c74 7,b7 ,criteria for inclusion 7i7 ,in general ,not later than #ahj days after the date of the enactment of the ,americas ,act1 the ,secretary shall establish1 and submit to ,congress a report on1 the conditions for including a country on the list required by subparagraph 7,a74 7ii7 ,considerations ,in establishing under clause 7i7 conditions for including a country on the list required by subparagraph 7,a71 the ,secretary shall consider the following3 7,i7 ,violations by the country of the ,act entitled ,an ,act to ensure that goods made with forced labor in the ,xinjiang ,autonomous ,region of the ,people's ,republic of ,china do not enter the ,united ,states market1 and for other purposes1 approved ,december #bc1 #bjba 7,public ,law #aag-gh2 #ace ,stat4 #aebe7 7commonly referred to as the ,uyghur ,forced ,labor ,prevention ,act74 7,,ii7 ,transshipment through the country of goods from countries on the list4 7,,iii7 ,the exportation from the country of counterfeit goods4 7,,iv7 ,whether the government of the country is committed to the fight against trafficking in persons1 illegal narcotics1 and terrorism1 as demonstrated by-- 7aa7 the government of the country not being listed under subparagraph 7,c7 of section #aaj7;b77#a7 of the ,trafficking ,victims ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gajg7;b77#a77 7commonly referred to as tier #c7 in the most recent report on trafficking in persons required under such section 7commonly referred to as the ,trafficking in ,persons ,report72 and 7bb7 certification by the ,department of ,state that the government is participating in the fight against illegal narcotics and terrorism4 7,v7 ,harm to industry in the ,united ,states4 7,,vi7 ,public safety risks posed by imports from the country to ,united ,states consumers4 7,,vii7 ,the flow of narcotics from the country into the ,united ,states4 7,,viii7 ,such other issues as the ,secretary considers appropriate4 7,c7 ,countries required to be included 7i7 ,in general ,the following countries shall be included on the list required by subparagraph 7,a71 effective on the date of the enactment of the ,americas ,act3 7,i7 ,the ,people's ,republic of ,china4 7,,ii7 ,the ,russian ,federation4 7ii7 ,removal from list ,a country specified in clause 7i7 may not be removed from the list required by subparagraph 7,a7 until the ,secretary certifies to ,congress that the government of the country has made progress with respect to the considerations described in subparagraph 7,b77ii74 7,d7 ,removal 7i7 ,in general ,the government of a country on the list required by subparagraph 7,a7 may petition the ,secretary for removal from the list4 7ii7 ,response time ,the ,secretary shall-- 7,i7 respond to a petition submitted under clause 7i7 not later than #ij days after receiving the petition2 and 7,,ii7 include in that response a description of any measures the government that submitted the petition is required to undertake to be removed from the list4 7,e7 ,consultations with ,congress ,the ,secretary shall consult with ,congress before adding a country to or removing a country from the list required by subparagraph 7,a74 7#c7 ,limitations on eligibility of carriers for importation of de minimis entries 7,a7 ,in general ,an article is eligible for entry under subsection 7a77#b77;,c7 only if the article is transported to the ,united ,states by a contract carrier or customs broker4 7,b7 ,data requirements ,a contract carrier or customs broker seeking to enter an article under subsection 7a77#b77;,c7 shall provide the following data with respect to the article3 7i7 ,the heading or subheading of the ,harmonized ,tariff ,schedule of the ,united ,states under which the article is classifiable4 7ii7 ,the country of origin of the article4 7iii7 ,the country of manufacture of the article 7if different from the country of origin under clause 7ii774 7iv7 ,the shipper of record4 7v7 ,the importer of record4 7vi7 ,a description of the article4 7vii7 ,the fair market value in the ,united ,states of the article4 7,c7 ,collection of duties and taxes ,a contract carrier or customs broker transporting articles entering under subsection 7a77#b77;,c7 shall be responsible for collecting the duties and taxes owed with respect to such articles and remitting those duties and taxes to ,u4,s4 ,customs and ,border ,protection4 7,d7 ,definitions ,in this paragraph3 7i7 ,contract carrier ,the term contract carrier means a private entity that-- 7,i7 is organized under the laws of the ,united ,states or any jurisdiction within the ,united ,states2 and 7,,ii7 ships small packages into the ,united ,states by air or land4 7ii7 ,customs broker ,the term customs broker means a person holding a valid customs broker's license issued under section #fda7;b7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afda7;b774 7#d7 ,de minimis entry defined ,in this subsection1 the term de minimis entry means the entry of articles imported by one person on one day with a fair retail value that does not exceed-- 7,a7 in the case of articles entering the ,united ,states1 the applicable threshold established under paragraph 7#a77;,a72 and 7,b7 in the case of articles entering any other country1 an amount determined by the government of that country to be de minimis4 4 ,,iv ,reporting and branding #dja4 ,annual report on ,americas program 7a7 ,in general ,not later than ,december #ca of each year that begins after the date of the enactment of this ,act1 the ,secretary of ,commerce1 in consultation with the officials specified in subsection 7b71 shall submit to the ,committee on ,finance of the ,senate and the ,committee on ,ways and ,means of the ,house of ,representatives a report on activities carried out under the ,americas program during the preceding fiscal year4 7b7 ,officials specified ,the officials specified in this subsection are the following3 7#a7 ,the ,administrator of the ,united ,states ,agency for ,international ,development4 7#b7 ,the ,united ,states ,trade ,representative4 7#c7 ,the ,secretary of ,state4 7#d7 ,the ,secretary of ,homeland ,security4 7#e7 ,such other officials as the ,secretary of ,commerce considers appropriate4 7c7 ,assessment of activities conducted in preceding year ,each report required by subsection 7a7 shall include the following for the fiscal year covered by the report3 7#a7 ,a statement of the number of ,americas partner countries4 7#b7 ,an assessment of the effectiveness of loans and other incentives provided under section #bab with respect to re-shoring and near-shoring that includes an estimate of-- 7,a7 the number of entities re-shored or near-shored2 and 7,b7 the number of jobs created in the ,united ,states and ,americas partner countries as a result of such re-shoring and near-shoring4 7#c7 ,an assessment of the status of negotiations for the expansion of the ,,usmca under section #bbb that includes-- 7,a7 an identification of the countries participating in those negotiations2 7,b7 an estimate of the amount of trade between those countries and the ,united ,states2 and 7,c7 an identification of any significant challenges relating to those negotiations4 7#d7 ,an assessment of the status of negotiations for the expansion of countries that are ,,cbtpa beneficiary countries 7as defined in section #bac7;b77#e7 of the ,caribbean ,basin ,economic ,recovery ,act 7#ai ,u4,s4,c4 #bgjc7;b771 as amended by section #bbd7 that includes-- 7,a7 an identification of the countries participating in those negotiations2 7,b7 an estimate of the amount of trade between those countries and the ,united ,states2 and 7,c7 an identification of any significant challenges relating to those negotiations4 7#e7 ,an assessment of the activities of the ,,build ,americas ,unit that includes-- 7,a7 a description of the financial instruments used under section #beb and the amounts issued under such instruments2 7,b7 an assessment of the repayment rates2 7,c7 a copy of each grant1 loan1 guaranty1 or insurance agreement2 7,d7 a list of projects carried out using such grants1 loans1 guaranties1 or insurance2 and 7,e7 a statement of the amount expended by the ,corporation and the amount provided to the ,re-shoring and ,near-shoring ,account established under section #cja4 7#f7 ,an assessment of the activities of the ,americas ,partnership ,enterprise ,fund established under section #bec that includes-- 7,a7 an identification of the country in which the ,fund is registered2 7,b7 a copy of the registration documents for the ,fund2 7,c7 a description of the grants1 loans1 and technical assistance provided by the ,fund2 and 7,d7 an assessment of the repayment rate of loans provided by the ,fund4 7#g7 ,an assessment of activities carried out under section #bed relating to near-shoring of strategic supply chains4 7#h7 ,an assessment of activities carried out by the ,office of ,energy of the ,export-,import ,bank of the ,united ,states established under section #b7;b77#a77;,c7 of the ,export-,import ,bank ,act of #aide1 as amended by section #bee7;b74 7#i7 ,an assessment of activities carried out by the ,united ,states ,international ,development ,finance ,corporation under title ,,ii1 including activities of the ,chief ,energy ,officer of the ,united ,states ,international ,development ,finance ,corporation established under subsection 7j7 of section #adac of the ,,build ,act1 as added by section #bee7;a74 7#aj7 ,an assessment of humanitarian and business development assistance provided under section #bfa that includes-- 7,a7 a list of the recipients of such assistance2 and 7,b7 a description of the assistance provided4 7#aa7 ,a description of the cultural affairs programming provided under section #bfb4 7#ab7 ,an assessment of efforts conducted under section #bfc to increase the number of ,peace ,corps volunteers in ,americas partner countries that includes an identification of the number of such volunteers and the countries to which such volunteers are assigned4 7#ac7 ,an assessment of activities carried out under section #bfd relating to the ,american ,university of the ,americas that includes-- 7,a7 a list of campus locations2 7,b7 the number of students attending each such campus2 and 7,c7 a list of degrees offered by the university4 7#ad7 ,an assessment of the programming provided by the ,united ,states ,agency for ,global ,media under section #bfi that includes-- 7,a7 a list of programs provided2 and 7,b7 an assessment of the number and locations of listeners to such programs4 7#ae7 ,if a summit was conducted under section #bgj in the year preceding the submission of the report-- 7,a7 an assessment of the success of the summit2 7,b7 the location of the summit2 and 7,c7 an identification of the attendees of the summit4 7d7 ,financial projections for upcoming year ,each report required by subsection 7a7 shall include a projection of the amount of funds required for the fiscal year that begins after submission of the report1 disaggregated by agency and purpose4 #djb4 ,branding and marketing for ,americas program ,branding and marketing for the ,americas program shall be conducted in a manner consistent with the ,visibly ,american branding policies of the ,department of ,state4