I 
118TH CONGRESS 
2D SESSION 
H. R. 7571 
To establish a regional trade, investment, and people-to-people partnership 
of countries in the Western Hemisphere to stimulate growth and integra-
tion through viable long-term private sector development, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 6, 2024 
Ms. SALAZAR (for herself, Mr. ESPAILLAT, and Mr. GALLAGHER) introduced 
the following bill; which was referred to the Committee on Ways and 
Means, and in addition to the Committees on Foreign Affairs, Financial 
Services, the Judiciary, Rules, Energy and Commerce, and Homeland Se-
curity, for a period to be subsequently determined by the Speaker, in each 
case for consideration of such provisions as fall within the jurisdiction of 
the committee concerned 
A BILL 
To establish a regional trade, investment, and people-to- 
people partnership of countries in the Western Hemi-
sphere to stimulate growth and integration through via-
ble long-term private sector development, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Americas Act’’. 
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(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
TITLE I—ADMINISTRATION 
Sec. 101. Americas Institute for Digital Governance. 
Sec. 102. E-governance framework. 
Sec. 103. Additional duties of Institute. 
Sec. 104. Funding. 
TITLE II—TRADE AND INVESTMENT FOR THE AMERICAS 
Subtitle A—Administration 
Sec. 201. Partnership agreements. 
Sec. 202. Americas Partnership business advisory board. 
Sec. 203. Administration. 
Sec. 204. Americas Partnership Secretariat. 
Sec. 205. Report. 
Subtitle B—Trade 
CHAPTER 1—RE-SHORING AND NEAR-SHORING 
Sec. 211. Sense of Congress. 
Sec. 212. Incentives for re-shoring and near-shoring of businesses from Peo-
ple’s Republic of China. 
Sec. 213. Tax credit for qualifying re-shoring and near-shoring expenses. 
CHAPTER 2—FREE TRADE EXPANSION 
Sec. 221. Tariff reciprocity under GATT 1994. 
Sec. 222. Expansion of USMCA or establishment of other regional trade agree-
ment. 
Sec. 223. Americas Partnership Threshold Program. 
Sec. 224. Expansion of beneficiaries under United States-Caribbean Basin 
Trade Partnership Act. 
Sec. 225. Exclusion of certain countries from certain preferential trade treat-
ment. 
Sec. 226. Extension of trade promotion authority to Americas partner countries 
for purposes of expansion of USMCA. 
CHAPTER 3—TEXTILE AND APPAREL 
Sec. 231. Textile and apparel grant program. 
Sec. 232. Textile reuse and recycling programs. 
Sec. 233. Textile production verification teams. 
Sec. 234. Tax benefits for apparel and home textile products. 
CHAPTER 4—TRADE ENFORCEMENT 
Sec. 241. Establishment of special enforcement unit of U.S. Customs and Bor-
der Protection to monitor the implementation of Uyghur 
Forced Labor Prevention Act. 
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Sec. 242. Authorization of payments to whistleblowers relating to money laun-
dering or illicit financial transactions. 
Sec. 243. Establishment of borders and ports protection program. 
Sec. 244. Establishment of mutual recognition agreements and trade trans-
parency units. 
CHAPTER 5—MEDICAL EQUIPMENT AND SUPPLIES GRANT PROGRAM 
Sec. 245. Medical equipment and supplies grant program. 
Subtitle C—Investment 
Sec. 251. Sense of Congress. 
Sec. 252. BUILD Americas Unit. 
Sec. 253. Americas Partnership Enterprise Fund. 
Sec. 254. Near-shoring of strategic supply chains. 
Sec. 255. Transformational Energy Development. 
Subtitle D—People-to-People Activities 
Sec. 261. Humanitarian and business development assistance. 
Sec. 262. Department of State. 
Sec. 263. Peace Corps. 
Sec. 264. American University of the Americas. 
Sec. 265. United States Agency for International Development Caribbean and 
Latin American Scholarship Program III. 
Sec. 266. Concern for Advanced Retired and Elderly nonimmigrant visa pro-
gram for aliens who provide direct care for elderly populations. 
Sec. 267. Sense of Congress on TN visa program. 
Sec. 268. Assessment of visa waiver program eligibility for Uruguay and Costa 
Rica. 
Sec. 269. Radio Free Americas. 
Sec. 270. Biennial presidential summit. 
TITLE III—REVENUE AND FINANCIAL MANAGEMENT 
Sec. 301. Re-shoring and Near-shoring Account. 
Sec. 302. Modification of treatment of de minimis entries of articles. 
TITLE IV—REPORTING AND BRANDING 
Sec. 401. Annual report on Americas program. 
Sec. 402. Branding and marketing for Americas program. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) AMERICAS PARTNER COUNTRY.—The term 
‘‘Americas partner country’’ means a county that 
has entered into a partnership agreement under sec-
tion 201. 
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(2) AMERICAS PROGRAM.—The term ‘‘Americas 
program’’ means the provision of assistance to and 
other activities relating to Americas partner coun-
tries under title II or amendments made by title II. 
(3) 
BUILD 
AMERICAS
UNIT.—The 
term 
‘‘BUILD Americas Unit’’ means the unit of the 
United States International Development Finance 
Corporation established under section 1416 of the 
BUILD Act of 2018, as added by section 252. 
(4) NEAR-SHORE.—The term ‘‘near-shore’’— 
(A) with respect to an entity, means to 
move not less than the equivalent of 2⁄3 of the 
operations of the entity from the People’s Re-
public of China to one or more Americas part-
ner countries or other countries as provided for 
under title II; and 
(B) with respect to a good or service, 
means to move not less than the equivalent of 
2⁄3 of the production of the good or service from 
the People’s Republic of China to such coun-
tries. 
(5) RE-SHORE.—The term ‘‘re-shore’’— 
(A) with respect to an entity, means to 
move not less than the equivalent of 2⁄3 of the 
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operations of the entity from the People’s Re-
public of China to the United States; and 
(B) with respect to a good or service, 
means to move not less than the equivalent of 
2⁄3 of the production of the good or service from 
the People’s Republic of China to the United 
States. 
(6) UNITED
STATES
BUSINESS.—The term 
‘‘United States business’’ means an entity— 
(A) organized under the laws of the United 
States or any jurisdiction within the United 
States; 
(B) with its headquarters based in the 
United States (as determined on the date that 
is 180 days after the date of the enactment of 
this Act); and 
(C) with more than 25 percent of its busi-
ness inside the United States. 
(7) UNITED STATES PERSON.— 
(A) IN
GENERAL.—The term ‘‘United 
States person’’ means— 
(i) an individual who is a citizen or 
resident of the United States; or 
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(ii) an entity organized under the laws 
of the United States or any jurisdiction 
within the United States. 
(B) RESIDENT.—For purposes of subpara-
graph (A)(i), an individual is a resident of the 
United States if the individual is authorized to 
be employed in the United States. 
(8) USMCA.—The term ‘‘USMCA’’ has the 
meaning given that term in section 3 of the United 
States-Mexico-Canada Agreement Implementation 
Act (19 U.S.C. 4502). 
(9) USMCA COUNTRY.—The term ‘‘USMCA 
country’’ has the meaning given that term in section 
202(a) of the United States-Mexico-Canada Agree-
ment Implementation Act (19 U.S.C. 4531(a))). 
TITLE I—ADMINISTRATION 
SEC. 101. AMERICAS INSTITUTE FOR DIGITAL GOVERN-
ANCE. 
(a) ESTABLISHMENT.—There is established a non-
profit organization within the United States to be known 
as the ‘‘Americas Institute for Digital Governance’’ (in 
this title referred as the ‘‘Institute’’), which shall be re-
sponsible for the development and maintenance of the e- 
governance framework established under section 102. 
(b) BOARD OF DIRECTORS.— 
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(1) IN GENERAL.—There shall be in the Insti-
tute a Board of Directors (in this section referred to 
as the ‘‘Board’’). 
(2) MEMBERSHIP.— 
(A) IN GENERAL.—The President shall re-
quest the head of government of each Americas 
partner country to appoint one member of the 
Board. 
(B) APPOINTMENT PROCESS.— 
(i) UNITED STATES.—The President 
shall appoint the member of the Board 
representing the United States. 
(ii) OTHER COUNTRIES.—The Presi-
dent shall request the head of government 
of each Americas partner country to deter-
mine a process for appointing the member 
of the Board to represent that country. 
(C) TERMS.—A member of the Board shall 
serve on the Board for not more than 4 years. 
(D) REMOVAL.— 
(i) REMOVAL
BY
COUNTRY
REP-
RESENTED.—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 
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determined by the government of that 
country. 
(ii) REMOVAL BY BOARD.—A member 
of the Board may be removed by a vote of 
2⁄3 of the members of the Board. 
(E) VACANCIES.—In the event that a 
member of the Board is removed under sub-
paragraph (D) or dies or is otherwise deemed 
unable to serve the remainder of the term of 
the member, the government of the Americas 
partner country the member represented shall 
appoint an individual to serve out the remain-
der of that term pursuant to a process deter-
mined by that government. 
(F) ETHICS REQUIREMENTS.— 
(i) FINANCIAL DISCLOSURE.—A mem-
ber of the Board shall fully disclose the fi-
nancial assets of the member and divest 
from any holdings, such as stocks or other 
equities, that relate to any private entity 
that conducts business with the Institute. 
(ii) BLIND TRUST REQUIREMENT.—A 
member of the Board shall place the assets 
of the member in a blind trust for the du-
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ration of the term of the member on the 
Board. 
(iii) PROHIBITION ON NEPOTISM.—An 
individual may not be appointed as a mem-
ber of the Board if a relative of the indi-
vidual is an elected official in an Americas 
partner country. 
(iv) ADDITIONAL
REQUIREMENTS.— 
The Board may impose such other ethics 
and disclosure requirements as the Board 
considers appropriate. 
(3) REPRESENTATION.—Each member of the 
Board shall have an equal vote in all matters. 
(4) MEETINGS; QUORUM.— 
(A) 
FREQUENCY
OF
MEETINGS.—The 
Board shall meet not less frequently than once 
every 90 days. 
(B) QUORUM.—Members of the Board rep-
resenting a majority of the total votes on the 
Board are required to be present to constitute 
a quorum. 
(5) CHAIRPERSON.—There shall be a chair-
person of the Board, who shall— 
(A) be elected by a majority vote of the 
Board from among members of the Board; and 
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(B) preside over meetings of the Board. 
(6) CALCULATION OF VOTES.—For purposes of 
determining a majority vote of the Board, vacancies 
that have not been filled shall not be counted toward 
any total. 
(7) ACCESS TO INFORMATION.—A member of 
the Board may request information from the Insti-
tute and provide that information to the government 
of the Americas partner country the member rep-
resents unless the chairperson of the Board deter-
mines that sharing that information may violate the 
privacy of a user of the e-governance system, endan-
ger cyber security, or violate any applicable law. 
(c) STAFF.— 
(1) CHIEF EXECUTIVE.—There shall be a Chief 
Executive of the Institute, who— 
(A) shall— 
(i) be elected and appointed by the 
majority vote of the Board; and 
(ii) be vested with the full executive 
authority of the Institute; and 
(B) may be removed by a majority vote of 
the Board. 
(2) ADDITIONAL EMPLOYEES.— 
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(A) IN
GENERAL.—The Chief Executive 
may— 
(i) appoint such employees, including 
managers, assistant managers, officers, at-
torneys, and agents, as the Chief Executive 
considers necessary; 
(ii) define the compensation (subject 
to subparagraph (B)) and duties of those 
employees; and 
(iii) establish a system of organization 
to fix responsibility and promote efficiency. 
(B) SALARIES.—The salaries of officers 
and employees of the Institute shall be equiva-
lent to the salaries provided for under the Gen-
eral Schedule under section 5332 of title 5, 
United States Code. 
(C) SALARY CAP.—No regular officer or 
employee of the Institute may receive a salary 
that exceeds the salary of the Chief Executive. 
(d) CORPORATE POWERS.—Except as otherwise spe-
cifically provided in this Act, the Institute— 
(1) shall have succession in its corporate name; 
(2) may sue and be sued in its corporate name; 
(3) may adopt and use a corporate seal, which 
shall be judicially noticed; 
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(4) may make contracts; 
(5) may adopt, amend, and repeal bylaws; and 
(6) may purchase or lease, hold, and dispose of 
such real and personal property as the Institute 
deems necessary or convenient in the transaction of 
its business. 
(e) NONPROFIT ORGANIZATION DEFINED.—In this 
section, the term ‘‘nonprofit organization’’ means an orga-
nization— 
(1) described in section 501(c)(3) of the Inter-
nal Revenue Code of 1986; and 
(2) exempt from tax under section 501(a) of 
such Code. 
SEC. 102. E-GOVERNANCE FRAMEWORK. 
(a) DEVELOPMENT.—The Institute shall develop and 
maintain a comprehensive e-governance framework for 
Americas partner countries. 
(b) PURPOSE.—The purpose of the e-governance 
framework developed under subsection (a) shall be to allow 
for the development of interoperable services to harmonize 
and facilitate the delivery of effective and transparent gov-
ernment services within and between Americas partner 
countries. 
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(c) PRINCIPLES.—In developing the e-governance 
framework under subsection (a), the Institute shall ensure 
that the framework adheres to the following principles: 
(1) INTEROPERABILITY.—The framework shall 
be designed to allow different government systems 
to, when appropriate, seamlessly share data with 
each other, consistent with applicable laws and pri-
vacy restrictions under subsection (d). 
(2) 
DECENTRALIZATION.—The 
framework 
should seek to avoid centralized control over data, 
and should allow the government of each Americas 
partner country to maintain control over its own 
data while still facilitating cross-border data sharing. 
Data control and hosting under the framework 
should be consistent with local law and international 
agreements. Nothing in this paragraph may be con-
strued to contravene or supercede laws or agree-
ments in effect before the date of the enactment of 
this Act. 
(3) OPEN STANDARDS.—The framework should, 
to the greatest extent practicable, be built on open 
standards that are freely available to the public. 
(4) 
DATA
SOVEREIGNTY.—The 
framework 
should ensure that each Americas partner country 
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maintains control over the data of citizens of that 
country. 
(5) 
PUBLIC-PRIVATE
PARTNERSHIPS.—The 
framework should allow for the collaboration of pub-
lic and private entities in the development, design, 
and maintenance of e-governance systems. 
(6) OPEN SOURCE.—Systems developed by the 
Institute should, to the extent practicable, be open 
source. Systems developed by Americas partner 
countries are encouraged to be open source as well. 
(7) ADAPTATION.—The framework shall ac-
count, consistent with other provisions of this Act, 
for existing e-governance systems developed by 
Americas partner countries, including by adopting, 
in part or in whole, existing e-governance systems as 
part of the framework or as reference implementa-
tions within the framework. 
(d) PRIVACY.—The e-governance framework devel-
oped under subsection (a) shall incorporate privacy best- 
practices, including as follows: 
(1) DATA
MINIMIZATION.—Systems developed 
under the framework should collect only the minimal 
set of data necessary for a given purpose and with-
out any additional processing unnecessary for ful-
filling that purpose. 
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(2) DATA PROTECTION.—The Institute shall de-
fine necessary access controls for data and require 
encryption of data where appropriate. 
(3) DATA RETENTION.—The Institute shall de-
velop and publish a data retention policy, which 
shall— 
(A) be honored by any system operating 
under the framework; 
(B) include a disclosure of— 
(i) what user information is stored by 
a particular system; 
(ii) 
whether 
that 
information 
is 
encrypted; and 
(iii) for how long the information is 
stored; and 
(C) provide for the Institute to provide, in 
a timely fashion, all data held related to an in-
dividual or entity upon the request of the indi-
vidual or entity. 
(4) 
DATA
DELETION.—Systems 
developed 
under the framework shall, to the greatest extent 
practicable, include a mechanism by which— 
(A) a user may request that any system 
operating under the framework delete any data 
on the user; and 
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(B) such a request is honored within 72 
hours, except as required by other applicable 
law. 
(5) DATA
CORRECTION.—Systems developed 
under the framework shall, to the greatest extent 
practicable, incorporate mechanisms under which— 
(A) a user may request to correct inac-
curate data in the framework related to the 
user; and 
(B) such a request is honored within 72 
hours after the correct data has been verified. 
(6) OTHER PRIVACY PRACTICES.—The Institute 
may develop and enforce such other privacy prac-
tices as the Institute considers appropriate. 
(e) CYBER SECURITY.—The e-governance framework 
developed under subsection (a) shall incorporate cyber se-
curity best practices, including the following: 
(1) Appropriate access controls and user au-
thentication, which may— 
(A) vary by service according to the sensi-
tivity of the data involved; and 
(B) include the integration of any national 
electronic identification systems of Americas 
partner countries. 
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(2) Regular penetration testing by an outside 
organization certified by the Institute, to be con-
ducted not less frequently than once a year. 
(3) Provision of a common vulnerability disclo-
sure policy for systems operating under the frame-
work. 
(4) Such other cyber security best practices as 
the Institute considers appropriate. 
(f) ENFORCEMENT.— 
(1) AUDITS.—Each system of an Americas 
partner country operating under the e-governance 
framework developed under subsection (a) shall un-
dergo annual audits by an outside organization cer-
tified by the Institute. That audit shall assess the 
compliance of the system with the privacy and secu-
rity requirements of this section and such other re-
quirements as the Institute considers necessary. 
(2) EFFECT OF NONCOMPLIANCE.—If an audit 
conducted under paragraph (1) indicates that a sys-
tem or systems of an Americas partner country are 
substantially noncompliant with the privacy and se-
curity requirements of this section, the Institute 
may— 
(A) designate the system or systems as 
noncompliant; 
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(B) recommend that other Americas part-
ner countries take such actions as may be nec-
essary to protect the privacy and security of the 
systems and data of those countries; and 
(C) withhold, in part or in whole, further 
assistance to the country the system or systems 
of which are designated as noncompliant, in-
cluding revoking privileges or access to any 
services or shared infrastructure of the Insti-
tute, until such a time as the Institute deter-
mines that the system or systems are compli-
ant. 
(3) ALLOWANCES FOR NONCOMPLIANCE.— 
(A) IN GENERAL.—The Institute may cer-
tify 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 compliance, but has not fully 
achieved compliance with all the requirements 
of this section. 
(B) ELEMENTS.—A certification under 
subparagraph (A) may include a certification 
that a system is temporarily compliant— 
(i) during— 
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(I) the development of the sys-
tem; 
(II) partial deployments of the 
system; or 
(III) deployments of minimum 
viable products; or 
(ii) if the Institute determines that 
compliance with the requirements of this 
section would substantially hinder the abil-
ity of a country to effectively provide crit-
ical services to citizens of the country and 
there is no practical path to achieve com-
pliance and effectively provide such serv-
ices. 
(4) SUSPENSION OF PARTNERSHIP.—If the par-
ticipation of a country in a partnership agreement is 
suspended under section 201(d), the Institute— 
(A) may terminate the provision of any 
services or assistance to the country; and 
(B) may take such steps as are necessary 
to ensure any systems affected by the termi-
nation are transitioned appropriately to mini-
mize disruptions to the citizens of that country. 
(g) MULTILINGUAL FUNCTIONALITY.—The Institute 
shall ensure that all resources necessary to develop sys-
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tems compliant with the e-governance framework devel-
oped under subsection (a) are available in all necessary 
languages. 
SEC. 103. ADDITIONAL DUTIES OF INSTITUTE. 
(a) INTERNATIONAL COOPERATION.—The Institute 
shall seek to promote collaboration between Americas 
partner countries on the development, standardization, 
and deployment of e-governance systems, including such 
systems developed outside the e-governance framework de-
veloped under section 102 and systems developed before 
the implementation of this Act. 
(b) 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 102. Such assistance may include the fol-
lowing: 
(1) The development or adoption, in collabora-
tion with appropriate national and international 
standards organizations, of technical standards nec-
essary to promote the efficient development of sys-
tems under the framework. 
(2) The development of reference implementa-
tions for e-government services, as the Institute con-
siders appropriate. 
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(3) The development and maintenance of infra-
structure that may be shared by multiple services, 
including across multiple Americas partner coun-
tries, as the Institute and such countries consider 
appropriate. 
(4) Providing technical assistance to Americas 
partner countries in the development of services, 
which may include entering into contracts for devel-
oping and hosting services on behalf of such coun-
tries. Such contracts may include terms for an 
Americas partner country to provide the Institute 
with funding for development and hosting services. 
(5) The procurement or licensing, as the Insti-
tute considers appropriate, of commercial technology 
that may be shared with Americas partner countries 
and used for the delivery of services. 
(6) Providing for the certification of organiza-
tions to carry out the auditing and penetration test-
ing required by section 102(e). 
(7) Partnering with private sector entities for 
the provision, development, maintenance, or hosting 
of services, or other such assistance as the Institute 
considers necessary. 
(8) Providing financing to facilitate the develop-
ment or modernization of a system, subject to such 
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accountability mechanisms as the Institute considers 
necessary to ensure funds are spent efficiently and 
appropriately. 
(9) Accounting for the development of emerging 
technologies, including artificial intelligence, and, to 
the extent necessary, incorporating such technologies 
into systems developed by or with Americas partner 
countries or making recommendations for how those 
countries may incorporate or regulate such tech-
nologies. 
(10) Other matters as the Institute considers 
appropriate. 
(c) PROCUREMENT RESTRICTION.— 
(1) IN GENERAL.—The Institute shall ensure 
that no system or product operating under the e- 
governance framework developed under section 102 
is involved in any contract for the development of a 
service as part of the e-governance framework, or 
shares any data, with an individual or entity resid-
ing in or acting on behalf of the Russian Federation, 
the People’s Republic of China, Iran, North Korea, 
Venezuela, Cuba, or such other countries as the In-
stitute considers necessary to protect the privacy 
and security of the citizens of Americas partner 
countries. 
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(2) AUTHORITY TO EXCLUDE OTHER INDIVID-
UALS, ENTITIES, AND
PRODUCTS.—The Institute 
may, as the Institute considers necessary to protect 
the privacy and security of the citizens of Americas 
partner countries, prohibit any system described in 
paragraph (1) from entering into any contract for 
the development of a service as part of the e-govern-
ance framework, or sharing any data— 
(A) with an individual or entity that does 
not reside in a country described in paragraph 
(1); or 
(B) using a product not from such a coun-
try. 
SEC. 104. FUNDING. 
(a) AUTHORIZATION OF APPROPRIATIONS FOR INSTI-
TUTE.—There 
are 
authorized 
to 
be 
appropriated 
$10,000,000 to establish the Institute. 
(b) 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 estab-
lished under section 301. 
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TITLE II—TRADE AND INVEST-
MENT FOR THE AMERICAS 
Subtitle A—Administration 
SEC. 201. PARTNERSHIP AGREEMENTS. 
(a) AUTHORITY TO ENTER INTO PARTNERSHIP 
AGREEMENTS.— 
(1) IN GENERAL.—The Secretary of State may 
enter into partnership agreements with countries in 
the Western Hemisphere, which shall serve as the 
gateway into accession of additional countries to the 
USMCA under section 222. 
(2) INCLUSIONS.—A partnership agreement en-
tered into under paragraph (1) shall include protec-
tions for democracy and human rights and anti-cor-
ruption measures consistent with the Inter-American 
Democratic Charter and the International Covenant 
on Civil and Political Rights. 
(3) CONSULTATIONS.—The Secretary shall— 
(A) consult with Congress during negotia-
tions for a partnership agreement under para-
graph (1); and 
(B) notify Congress not less than 15 days 
before signing the partnership agreement. 
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(4) INELIGIBLE
COUNTRIES.—The Secretary 
may not enter into a partnership agreement under 
paragraph (1) with a country— 
(A) that is a member of the Bolivarian Al-
liance for the Peoples of Our America; 
(B) the government of which is listed 
under subparagraph (C) of section 110(b)(1) of 
the Trafficking Victims Protection Act of 2000 
(22 U.S.C. 7107(b)(1)) (commonly referred to 
as ‘‘tier 3’’) in the most recent report on traf-
ficking in persons required under such section 
(commonly referred to as the ‘‘Trafficking in 
Persons Report’’); or 
(C) the government of which is not— 
(i) committed to the fight against ter-
rorism; or 
(ii) in compliance with the terms of 
the Inter-American Democratic Charter of 
the Organization of American States. 
(b) COMMITMENTS.—A partner country shall commit 
to abide by the terms of the partnership agreement en-
tered into under subsection (a). 
(c) SUSPENSION.— 
(1) IN GENERAL.—The Secretary of State shall 
move to suspend the participation of a country in a 
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partnership agreement entered into under subsection 
(a) at the end of the one-year period beginning on 
the date on which the Secretary of State, in coordi-
nation with the heads of other relevant agencies and 
upon consultation with Congress, determines that 
the country is in violation of the commitments of the 
country under subsection (b) or is ineligible under 
subsection (a)(4), unless the country comes into 
compliance with those commitments and becomes eli-
gible before the end of that period. 
(2) NOTIFICATION
TO
THE
SECRETARIAT.— 
Upon making a determination described in para-
graph (1) with respect to a country, the Secretary 
of State shall provide a notice of the determination, 
to be considered at the next scheduled meeting of 
the Americas Partnership Secretariat established 
under section 204, 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 (b) and to become eligible 
under subsection (a)(4). The text of the notice and 
the list shall be provided to— 
(A) the permanent representative of the 
government of the country at the Secretariat; 
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(B) the government of each Americas part-
ner country; and 
(C) the Committee on Finance of the Sen-
ate and the Committee on Ways and Means of 
the House of Representatives. 
(3) VISIT REQUIRED.—Before the Secretary of 
State makes a motion under paragraph (1) with re-
spect to a country, the Deputy Assistant Secretary 
of State for the Americas Partnership established 
under section 203(c)(1) shall seek a formal visit 
from the Americas Partnership Secretariat to the 
country to explain the reasons for the motion under 
paragraph (1). 
(4) EFFECT OF SUSPENSION.— 
(A) IN GENERAL.—If the participation of a 
country in a partnership agreement entered into 
under subsection (a) is suspended under para-
graph (1)— 
(i) the provisions of this title and the 
amendments made by this title shall not 
apply with respect to the country during 
the period of suspension; and 
(ii) the Secretary of State shall use 
the voice and vote of the United States in 
any appropriate multilateral forum to pres-
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sure the government of that country to 
take the actions necessary to come into 
compliance with the eligibility requirements 
under subsection (c). 
(B) RULE OF CONSTRUCTION.—The sus-
pension of the participation of a country in a 
partnership agreement under paragraph (1) 
may not be construed to affect the relationship 
of that country to any country, other than the 
United States, that is a party or a potential 
party to the USMCA. 
(d) INITIAL PARTNER COUNTRIES.—The first coun-
tries with which the Secretary of State shall seek to enter 
into partnership agreements under subsection (a) shall be 
countries identified under the Americas Partnership for 
Economic Prosperity (APEP) executive program that are 
not ineligible under subsection (a)(4). 
(e) COUNTRIES
SEEKING
PARTNERSHIP
AGREE-
MENTS.— 
(1) NOTIFICATION.—A country seeking to enter 
into a partnership agreement under subsection (a) 
shall submit a notification to the Secretary of State 
indicating the desire of the country to enter into 
such an agreement. 
(2) RESPONSE.— 
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(A) IN
GENERAL.—Not later than 180 
days after receiving a notification under para-
graph (1) from a country, the Secretary shall— 
(i) make a determination with respect 
to whether or not to enter into a partner-
ship agreement with the country; and 
(ii) notify the country of the deter-
mination. 
(B) INCLUSION IN NEGATIVE RESPONSE.— 
If the Secretary determines under subpara-
graph (A) not to enter into a partnership agree-
ment with a country, the Secretary shall notify 
the country in writing of the reasons for the de-
termination and the steps the country can take 
to become eligible for a partnership agreement. 
(f) GRANT PROGRAM.—The Secretary of State may 
provide grants, using amounts available for other grant 
programs of the Department of State, to countries to as-
sist those countries to become eligible for partnership 
agreements under this section. 
SEC. 202. AMERICAS PARTNERSHIP BUSINESS ADVISORY 
BOARD. 
(a) ESTABLISHMENT.—The Americas Partnership 
Secretariat established under section 204 shall establish 
a business advisory board, which will meet periodically, on 
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an ad hoc basis, at the Secretariat to inform discussions 
on the business environments of Americas partner coun-
tries. 
(b) COMPOSITION.—The business advisory board es-
tablished under subsection (a) shall be composed of rep-
resentatives of private sector entities, civil society organi-
zations, and labor organizations from Americas partner 
countries. 
(c) ADVISORY TOPICS.—The business advisory board 
established under subsection (a) may provide advice to 
Americas partner countries through the Secretariat on the 
following topics relating to the business environment in 
Americas partner countries: 
(1) Regulatory hurdles. 
(2) Labor issues. 
(3) Dispute resolution challenges. 
(4) Legal hurdles to investment. 
(5) Alignment on regulation related to key 
emerging technologies such as artificial intelligence. 
(6) Harmonization of reference price systems. 
(7) Other issues affecting the business commu-
nity in Americas partner countries. 
(d) COORDINATION.—The business advisory board 
established under subsection (a) shall coordinate with the 
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central regulatory coordinating bodies referred to in Arti-
cle 28.3 of the USMCA. 
(e) ANNUAL REPORT.—Not less frequently than an-
nually, the business advisory board established under sub-
section (a) shall submit to the Secretariat a report on the 
business environment in Americas partner countries, in-
cluding opportunities and challenges to investment. 
SEC. 203. ADMINISTRATION. 
(a) DEPARTMENT OF COMMERCE.— 
(1) DEPUTY
UNDER
SECRETARY
OF
COM-
MERCE.— 
(A) IN GENERAL.—There shall be in the 
International Trade Administration of the De-
partment of Commerce a Deputy Under Sec-
retary responsible for administration of the re-
sponsibilities of the Department of Commerce 
under this title. 
(B) WORKING GROUP.—The Deputy Under 
Secretary established under subparagraph (A) 
shall establish a permanent working group, 
composed of representatives of the relevant 
agencies, to collaborate on matters relating to 
the administration of this title and the amend-
ments made by this title. 
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(2) 
INTERNATIONAL
TRADE
ADMINISTRA-
TION.—The Under Secretary may increase the num-
ber of employees of the International Trade Admin-
istration by the number necessary to administer this 
title and the amendments made by this title. 
(3) UNITED
STATES
AND
FOREIGN
COMMER-
CIAL SERVICE.— 
(A) IN GENERAL.—The Director General 
of the United States and Foreign Commercial 
Service (established by section 2301 of the Ex-
port Enhancement Act of 1988 (15 U.S.C. 
4721)) 
may 
assign 
additional 
commercial 
attache´s to serve at the United States embas-
sies in each Americas partner countries to over-
see coordination and reporting under partner-
ship agreements entered into under section 201. 
(B) ROLE OF COMMERCIAL ATTACHE´S.—A 
commercial attache´ assigned to an Americas 
partner 
country 
under 
subparagraph 
(A) 
shall— 
(i) coordinate with the Department of 
the Treasury with respect to loans pro-
vided under section 212(a) to incentivize 
re-shoring and near-shoring; 
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(ii) be the lead officer on the country 
team, under the Chief of Mission, respon-
sible for implementation of the partnership 
agreement entered into under section 201 
with that country; and 
(iii) carry out such other duties as the 
Director General or the Chief of Mission 
may assign for successful implementation 
of the Americas program. 
(4) AUTHORIZATION OF APPROPRIATIONS.— 
(A) IN GENERAL.—There shall be available 
to the Secretary of Commerce, from the Re- 
shoring and Near-shoring Account established 
under section 301, $10,000,000 for each of fis-
cal years of 2024, 2025, and 2026 to admin-
ister this title and the amendments made by 
this title. 
(B) AVAILABILITY
OF
FUNDS.—Amounts 
made available pursuant to subparagraph (A) 
shall be available until expended. 
(b) OFFICE OF UNITED STATES TRADE REPRESENT-
ATIVE.— 
(1) IN GENERAL.—There shall be in the Office 
of the United States Trade Representative an As-
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sistant United States Trade Representative for the 
Americas Partnership, who shall— 
(A) be responsible for negotiations with re-
spect to— 
(i) the accession of countries to the 
USMCA pursuant to the mechanism devel-
oped pursuant to section 222(b); and 
(ii) designation of Americas partner 
countries as CBTPA beneficiary countries 
(as defined in section 213(b)(5) of the Car-
ibbean Basin Economic Recovery Act, as 
amended by section 224); 
(B) hire the staff necessary to support ne-
gotiations described in subparagraph (A); and 
(C) coordinate closely with the Under Sec-
retary with respect to administration of this 
title. 
(2) AUTHORIZATION OF APPROPRIATIONS.— 
(A) IN GENERAL.—There shall be available 
to the United States Trade Representative, 
from the Re-shoring and Near-shoring Account 
established under section 301, $5,000,000 for 
each of fiscal years of 2024, 2025, and 2026 to 
administer this title and the amendments made 
by this title. 
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(B) AVAILABILITY
OF
FUNDS.—Amounts 
made available pursuant to subparagraph (A) 
shall be available until expended. 
(c) DEPARTMENT OF STATE.— 
(1) DEPUTY ASSISTANT SECRETARY FOR THE 
AMERICAS PARTNERSHIP.—There shall be in the Bu-
reau for Western Hemisphere Affairs of the Depart-
ment of State a Deputy Assistant Secretary for the 
Americas Partnership, who— 
(A) may be the United States representa-
tive to the Americas Partnership Secretariat; 
and 
(B) shall, in coordination with the Under 
Secretary, coordinate people-to-people efforts 
under this title on behalf of the Department of 
State. 
(2) ADDITIONAL
CIVIL
SERVICE
OFFICERS.— 
The Secretary of State may hire sufficient civil serv-
ice officers to fulfill the successful management of 
the efforts described in paragraph (1). 
(3) ADDITIONAL
FOREIGN
AFFAIRS
OFFI-
CERS.—The Secretary of State may hire additional 
foreign affairs officers, relative to the number of 
such officers on the day before the date of the enact-
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ment of this Act, to support the implementation of 
this title. 
(4) AUTHORIZATION OF APPROPRIATIONS.— 
(A) IN GENERAL.—There shall be available 
to the Secretary of State, from the Re-shoring 
and Near-shoring Account established under 
section 301, $10,000,000 for each of fiscal 
years of 2024, 2025, and 2026 to administer 
this title and the amendments made by this 
title. 
(B) AVAILABILITY
OF
FUNDS.—Amounts 
made available pursuant to subparagraph (A) 
shall be available until expended. 
(d) UNITED STATES AGENCY FOR INTERNATIONAL 
DEVELOPMENT.— 
(1) 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 Develop-
ment a Deputy Assistant Administrator for the 
Americas Partnership, who shall, in coordination 
with the Under Secretary, coordinate development, 
humanitarian, and people-to-people efforts under 
this title on behalf of the United States Agency for 
International Development. 
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(2) ADDITIONAL FOREIGN SERVICE OFFICERS 
AND OTHER EMPLOYEES.—The Administrator of the 
United States Agency for International Development 
may hire additional foreign service officers, relative 
to the number of such officers on the day before the 
date of the enactment of this Act, to support the im-
plementation of this title. 
(3) AUTHORIZATION OF APPROPRIATIONS.— 
(A) IN GENERAL.—There shall be available 
to the Administrator, from the Re-shoring and 
Near-shoring Account established under section 
301, $10,000,000 for each of fiscal years of 
2024, 2025, and 2026 to administer this title 
and the amendments made by this title. 
(B) AVAILABILITY
OF
FUNDS.—Amounts 
made available pursuant to subparagraph (A) 
shall be available until expended. 
(e) OTHER BUREAUS
AND OFFICES.—The Presi-
dent— 
(1) may establish such additional bureaus and 
offices as the President considers appropriate to im-
plement this title; and 
(2) shall ensure that a description of any such 
bureaus and offices is included in the annual report 
required by section 205. 
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(f) AVAILABILITY
OF FUNDS.—Amounts shall be 
made available to carry out this section from the Re-shor-
ing and Near-shoring Account established under section 
301. 
SEC. 204. AMERICAS PARTNERSHIP SECRETARIAT. 
(a) ESTABLISHMENT.—Not later than 180 day after 
the date of the enactment of this Act, there shall be estab-
lished in the United States the ‘‘Americas Partnership 
Secretariat’’ (in this section referred to as the ‘‘Secre-
tariat’’). 
(b) DUTIES.—The Secretariat shall be responsible for 
duties including— 
(1) coordinating diplomatic, economic, and peo-
ple-to-people efforts of the Americas partner coun-
tries under this title and the amendments made by 
this title; 
(2) carrying out efforts to build and advance 
partnerships between city mayors and other sub-
national government leaders from Americas partner 
countries, civil society organizations, and private sec-
tor entities to expand subnational diplomacy; and 
(3) providing policy and technical support 
through dialogue, research, and other structured en-
gagements. 
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(c) MEMBERSHIP.—The membership of the Secre-
tariat shall be comprised of representatives from the gov-
ernments of Americas partner countries. Selection of such 
representatives shall be determined by the governments of 
the Americas partner countries. 
(d) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There shall be available to 
the Secretariat, from the Re-shoring and Near-shor-
ing 
Account 
established 
under 
section 
301, 
$10,000,000 for each of fiscal years of 2024, 2025, 
and 2026 to carry out the duties of the Secretariat 
under this title and the amendments made by this 
title. 
(2) AVAILABILITY OF FUNDS.—Amounts made 
available pursuant to subparagraph (A) shall be 
available until expended. 
SEC. 205. REPORT. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, and annually thereafter, 
the Under Secretary shall submit to the appropriate con-
gressional committees a report on efforts carried out 
under this title. 
(b) APPROPRIATE
CONGRESSIONAL
COMMITTEES 
DEFINED.—In this section, the term ‘‘appropriate con-
gressional committees’’ means— 
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(1) the Committee on Finance and the Com-
mittee on Foreign Relations of the Senate; and 
(2) the Committee on Ways and Means and the 
Committee on Foreign Affairs of the House of Rep-
resentatives. 
Subtitle B—Trade 
CHAPTER 1—RE-SHORING AND NEAR- 
SHORING 
SEC. 211. SENSE OF CONGRESS. 
(a) 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 1994. 
(b) GATT 1994 DEFINED.—In this section, the term 
‘‘GATT 1994’’ has the meaning given that term in section 
2 of the Uruguay Round Agreements Act (19 U.S.C. 
3501). 
SEC. 212. INCENTIVES FOR RE-SHORING AND NEAR-SHOR-
ING OF BUSINESSES FROM PEOPLE’S REPUB-
LIC OF CHINA. 
(a) LOANS AND GRANTS.— 
(1) LENDING AUTHORITY.— 
(A) IN
GENERAL.—The Secretary may 
provide loans to covered entities. 
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(B) AMOUNT.—The total amount of loans 
that may be provided under subparagraph (A) 
may not exceed $60,000,000,000. 
(C) COVERAGE
OF
LOANS.—Loans pro-
vided to covered entities under subparagraph 
(A) may be used for— 
(i) the costs of moving inventory, 
equipment, and supplies from the People’s 
Republic of China to the United States, an 
Americas partner country, or another 
country benefitting from a strategic supply 
chain identified under section 254; 
(ii) the costs of training workers in 
the United States, an Americas partner 
country, or a country benefitting from a 
strategic supply chain identified under sec-
tion 254; 
(iii) the costs of constructing facilities 
in the United States, an Americas partner 
country, or a country benefitting from a 
strategic supply chain identified under sec-
tion 254; 
(iv) other costs directly related to re- 
shoring or near-shoring; or 
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(v) loans, guarantees, and other in-
struments (excluding grants) approved by 
the BUILD Americas Unit or the Amer-
icas Enterprise Fund designated under 
section 253. 
(2) GRANT AUTHORITY.— 
(A) IN GENERAL.—The Secretary of Com-
merce shall administer a grant program to 
award grants to covered entities. 
(B) FUNDING.—Funding for grants under 
the grant program required under subpara-
graph (A) shall be derived solely from the Re- 
Shoring and Near-Shoring Account established 
under section 301. 
(3) ADMINISTRATION.— 
(A) IN THE UNITED STATES.—The Sec-
retary or the Secretary of Commerce, as the 
case may be, may enter into arrangements with 
commercial banks, credit unions, or other enti-
ties in the United States as identified by the 
Secretary to administer loans authorized under 
paragraph (1) or grants authorized under para-
graph (2) for covered entities to re-shore. 
(B) OUTSIDE THE UNITED STATES.—The 
Secretary or the Secretary of Commerce, as the 
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case may be, may enter into arrangements with 
the BUILD Americas Unit or regional banks to 
administer loans authorized under paragraph 
(1) or grants authorized under paragraph (2) 
for covered entities to near-shore. 
(C) DEPOSIT
OF
INTEREST.—The Sec-
retary shall deposit any profits earned on inter-
est bearing loans authorized under paragraph 
(1) in the Re-Shoring and Near-Shoring Ac-
count established under section 301. 
(D) REPORT.—Not later than one year 
after the date of the enactment of this Act, the 
Secretary shall submit to Congress a report on 
the progress of the arrangements entered into 
under this paragraph. 
(4) ANNUAL REPORTS.— 
(A) IN GENERAL.—Not later than one year 
after the date of the enactment of this Act, and 
annually thereafter, the Board of Governors of 
each commercial bank with respect to which the 
Secretary or the Secretary of Commerce has en-
tered into an arrangement under paragraph (4) 
and the BUILD Americas Unit shall submit to 
the Under Secretary a report on the adminis-
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tration by each such entity of loans or grants 
under this subsection, including— 
(i) a description of the loans issued or 
grants awarded; 
(ii) the repayment rates for any such 
loans; 
(iii) an assessment of successful re- 
shoring and near-shoring projects; 
(iv) a description of any lessons 
learned; and 
(v) the balance sheets for any such 
loans. 
(B) TRANSMITTAL
TO
CONGRESS.—The 
Under Secretary of Commerce for International 
Trade shall include the information provided in 
reports under subparagraph (A) in the annual 
report required under section 401. 
(b) DUTY-FREE
STATUS.—Notwithstanding any 
other provision of law, covered entities approved under 
subsection (c) 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-shor-
ing. 
(c) PROCESS FOR APPROVAL.— 
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(1) 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-shore, as the case may be, 
along with such paperwork as the Secretary may 
consider appropriate demonstrating that intent. 
(2) APPROVAL.—The Secretary, in consultation 
with the Trade Representative, shall approve entities 
that have submitted notice under paragraph (1) to 
re-shore or near-shore pursuant to such procedures 
as the Secretary considers appropriate. 
(3) USE OF CONTRACTOR.—If an entity uses a 
contract company for the production of goods or 
services in the People’s Republic of China, the ap-
proval of the entity under paragraph (2) 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 Amer-
icas partner country. 
(d) TERMINATION AND PENALTY.— 
(1) IN GENERAL.—Except as provided in para-
graph (4), a covered entity approved under sub-
section (c) to re-shore or near-shore shall have 5 
years following that approval to complete re-shoring 
or near-shoring, as the case may be, of the business 
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of that entity, which may include the moving of ma-
terials, personnel, and production. 
(2) TERMINATION
OF
BENEFITS.—Except as 
provided in paragraph (4), a covered entity is not el-
igible for benefits under this section on or after the 
date that is 5 years after the date on which the enti-
ty is approved under subsection (d). 
(3) PENALTY.—Except as provided in para-
graph (4), at the end of the 5-year period under 
paragraph (1), a covered entity that has not com-
pleted the re-shoring or near-shoring, as the case 
may be, of the business of the entity shall owe to the 
United States— 
(A) the total amount of duties the entity 
would have owed for imports into the United 
States but for the application of subsection (b); 
(B) the total amount of any other benefits 
accrued to the entity under this section, as de-
termined by the Secretary in consultation with 
the Trade Representative; and 
(C) a penalty equal to 10 percent of the 
amounts determined under subparagraphs (A) 
and (B). 
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(4) EXTENSION AND WAIVER.—If the Secretary 
determines that extraordinary circumstances exist, 
on a case-by-case basis, the Secretary may— 
(A) extend by a period of two years the 
deadlines under paragraphs (1) and (2); or 
(B) waive the amounts owed under para-
graph (3). 
(e) TREATMENT OF DEFAULTS.— 
(1) 
JUDICIAL
PROCEEDINGS.—The 
United 
States shall disregard any ruling against a covered 
entity or a government of an Americas partner coun-
try 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 section. 
(2) INTERNATIONAL
VENUES.—The President 
shall use the voice and vote of the United States at 
multilateral institutions to— 
(A) 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 entities; and 
(B) disregard sovereign debt defaults and 
other similar actions when measuring credit 
valuations of Americas partner countries relat-
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ing to debts and amounts received from the 
People’s Republic of China. 
(f) FINDINGS AND SENSE OF CONGRESS.— 
(1) FINDINGS.—Congress makes the following 
findings: 
(A) The United States Trade Representa-
tive stated in a hearing that, ‘‘The United 
States has repeatedly sought and obtained com-
mitments from China, only to find that follow- 
through or real change remains elusive.’’. 
(B) The Government of the People’s Re-
public of China continues to apply the rules 
only when they are beneficial to them. 
(2) SENSE OF CONGRESS.—It is the sense of 
Congress that— 
(A) companies approved for re-shoring or 
near-shoring by the Secretary should be pro-
tected from legal asset forfeiture by the Peo-
ple’s Republic of China; and 
(B) covered entities and transactions by 
covered entities are subject to the national secu-
rity exceptions under article XXI of the GATT 
1994 (as defined in section 2 of the Uruguay 
Round Agreements Act (19 U.S.C. 3501)). 
(g) DEFINITIONS.—In this section: 
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(1) COVERED ENTITY.—The term ‘‘covered en-
tity’’ means an entity that has submitted notice of 
the intent of the entity to re-shore or near-shore 
under subsection (c)(1) and has been approved for 
re-shoring or near-shoring under subsection (c)(2). 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Treasury. 
(3) 
TRADE
REPRESENTATIVE.—The 
term 
‘‘Trade Representative’’ means the United States 
Trade Representative. 
SEC. 213. TAX CREDIT FOR QUALIFYING RE-SHORING AND 
NEAR-SHORING EXPENSES. 
(a) IN GENERAL.—Subpart D of part IV of sub-
chapter A of chapter 1 of the Internal Revenue Code of 
1986 is amended by adding at the end the following new 
section: 
‘‘SEC. 45BB. QUALIFYING RE-SHORING AND NEAR-SHORING 
EXPENSES. 
‘‘(a) IN GENERAL.—For purposes of section 38, the 
qualifying re-shoring and near-shoring expense credit for 
any taxable year is an amount equal to the sum of— 
‘‘(1) 50 percent of the qualified re-shoring 
project expenses of the taxpayer, and 
‘‘(2) 35 percent of the qualified near-shoring 
project expenses of the taxpayer. 
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‘‘(b) DEFINITIONS.—For purposes of this section— 
‘‘(1) QUALIFYING
RE-SHORING
PROJECT
EX-
PENSES.— 
‘‘(A) IN GENERAL.—The term ‘qualifying 
re-shoring project expenses’ means any eligible 
expenses which are— 
‘‘(i) made pursuant to a qualified re- 
shoring project, and 
‘‘(ii) certified by the Secretary under 
subsection (c) as eligible for the credit 
under this section. 
‘‘(B) 
QUALIFYING
RE-SHORING 
PROJECT.—The term ‘qualifying re-shoring 
project’ means a project under which 2⁄3 or 
more of the operations of a trade or business of 
the taxpayer is moved from the People’s Repub-
lic of China to the United States. 
‘‘(2) QUALIFYING NEAR-SHORING PROJECT EX-
PENSES.— 
‘‘(A) IN GENERAL.—The term ‘qualifying 
near-shoring project expenses’ means any eligi-
ble expenses which are— 
‘‘(i) made pursuant to a qualified 
near-shoring project, and 
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‘‘(ii) certified by the Secretary under 
subsection (c) as eligible for the credit 
under this section. 
‘‘(B) 
QUALIFYING
NEAR-SHORING 
PROJECT.—For purposes of this subpart, the 
term ‘qualifying near-shoring project’ means a 
project under which 2⁄3 or more of the oper-
ations of a trade or business of the taxpayer is 
moved from the People’s Republic of China to 
an Americas partner country. 
‘‘(3) ELIGIBLE EXPENSES.—The term ‘eligible 
expenses’ means any expenses paid or incurred in 
connection with moving the operations of the trade 
or businesses. 
‘‘(4) AMERICAS PARTNER COUNTRY.—For pur-
poses of this section, the term ‘Americas partner 
country’ has the meaning given such term under sec-
tion 2 of the Americas Act. 
‘‘(c) QUALIFYING RE-SHORING AND NEAR-SHORING 
PROJECT PROGRAM.— 
‘‘(1) ESTABLISHMENT.— 
‘‘(A) IN
GENERAL.—Not later than 180 
days after the date of enactment of this section, 
the Secretary, in consultation with the United 
States Trade Representative, shall establish a 
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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 projects. 
‘‘(B) LIMITATION.— 
‘‘(i) IN GENERAL.—The total amount 
of credits that may be allocated under the 
program shall not exceed $10,000,000,000. 
‘‘(ii) SENSE OF CONGRESS.—It is the 
sense of Congress that the limitation under 
clause (i) 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 80 percent 
of such limitation has been allocated. 
‘‘(2) CERTIFICATION.— 
‘‘(A) APPLICATION PERIOD.—Each appli-
cant for certification under this paragraph shall 
submit an application containing such informa-
tion as the Secretary may require. 
‘‘(B) TIME FOR MAKING EXPENSES.—Each 
applicant for certification shall have 5 years 
from the date of acceptance by the Secretary of 
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the application to pay or incur the eligible ex-
penses certified under the program. 
‘‘(3) SELECTION
CRITERIA.—In determining 
which qualifying re-shoring projects and qualifying 
near-shoring projects to certify under this section, 
the Secretary— 
‘‘(A) shall take into consideration— 
‘‘(i) projects which create strategic 
supply chains, products, or entities (as 
identified under section 254(b) of the 
Americas Act) within the United States, 
‘‘(ii) projects which create strategic 
supply chains, products, or entities (as so 
identified) within an Americas partner 
country, and 
‘‘(iii) projects which create other in-
dustries within the United States or a 
Americas partner country, 
‘‘(B) shall take into consideration which 
projects— 
‘‘(i) will provide the greatest domestic 
job creation (both direct and indirect), 
‘‘(ii) will create capital investment, 
and 
‘‘(iii) will increase manufacturing. 
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‘‘(4) DISCLOSURE OF ALLOCATIONS.—The Sec-
retary shall, upon making a certification under this 
subsection, publicly disclose the identity of the appli-
cant and the amount of the credit with respect to 
such applicant. 
‘‘(d) RECAPTURE.— 
‘‘(1) IN GENERAL.—If there is an applicable 
transaction before the close of the 10-year period be-
ginning with the first day of the taxable year for 
which a credit is allowed under this section, then the 
tax under this chapter for the taxable year in which 
such transaction occurs shall be increased by the ag-
gregate decrease in the credits allowed under section 
38 for all prior taxable years which would have re-
sulted solely from reducing to zero any credit deter-
mined under subsection (a). 
‘‘(2) EXCEPTION.—Paragraph (1) shall not 
apply if the applicable taxpayer demonstrates to the 
satisfaction of the Secretary that the applicable 
transaction has been ceased or abandoned within 45 
days of a determination and notice by the Secretary. 
‘‘(3) APPLICABLE
TRANSACTION.—The term 
‘applicable transaction’ means, any significant trans-
action (as determined by the Secretary, in coordina-
tion with the Secretary of Commerce and the Sec-
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retary of Defense) involving the material expansion 
in the People’s Republic of China of the operations 
of the same or similar a trade or business with re-
spect to which the qualifying re-shoring project or 
qualifying near-shoring project relates. 
‘‘(4) REGULATIONS AND GUIDANCE.—The Sec-
retary shall issue such regulations or other guidance 
as the Secretary determines necessary or appropriate 
to carry out the purposes of this paragraph, includ-
ing regulations or other guidance which provide for 
requirements for recordkeeping or information re-
porting for purposes of administering the require-
ments of this paragraph. 
‘‘(e) DENIAL OF DOUBLE BENEFIT.— 
‘‘(1) IN GENERAL.—In the case of the amount 
of the credit determined under this section, no de-
duction or credit shall be allowed for such amount 
under any other provision of this chapter. 
‘‘(2) BASIS
ADJUSTMENT.—For purposes of 
this subtitle, if a credit is allowed under this section 
with respect to any property, the basis of such prop-
erty shall be reduced by the amount of the credit so 
allowed. 
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‘‘(f) REGULATIONS.—The Secretary shall prescribe 
regulations necessary to carry out the purposes of this sec-
tion.’’. 
(b) CREDIT TO BE PART OF GENERAL BUSINESS 
CREDIT.—Subsection (b) of section 38 of the Internal 
Revenue Code of 1986 is amended by striking ‘‘plus’’ at 
the end of paragraph (40), by striking the period at the 
end of paragraph (41) and inserting ‘‘, plus’’, and by add-
ing at the end the following new paragraph: 
‘‘(42) the qualifying re-shoring and near-shor-
ing 
expense 
credit 
determined 
under 
section 
45BB(a).’’. 
(c) CLERICAL AMENDMENT.—The table of sections 
for subpart D of part IV of subchapter A of chapter 1 
of such Code is amended by adding at the end the fol-
lowing new item: 
‘‘Sec. 45BB. Qualifying re-shoring and near-shoring expenses.’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply to amounts paid or incurred in tax-
able years beginning after the date of the enactment of 
this Act. 
CHAPTER 2—FREE TRADE EXPANSION 
SEC. 221. TARIFF RECIPROCITY UNDER GATT 1994. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
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(1) the United States has one of the lowest ap-
plied duty rates in the world, with bound duty rates 
set in parity to applied rates; 
(2) in using article XXVIII of GATT 1994 to 
renegotiate bound duty rates, the United States can 
gain flexibility in its tariff schedules, which will pro-
vide certainty to treaty-based tariff countries under 
free trade agreements and provide maneuverability 
in the case of egregious behavior by other WTO 
members, including the People’s Republic of China; 
and 
(3) having the lowest bound duty rates has re-
sulted in unsustainable trade deficits that have be-
come an issue for the national security of the United 
States. 
(b) INCREASE OF RATES AND RECIPROCITY.— 
(1) INCREASE
OF
RATES.—The Trade Rep-
resentative 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 members. 
(2) APPLICATION.—In increasing bound duty 
rates under paragraph (1), the Trade Representative 
is not required to raise applied duty rates. 
(c) NEGOTIATIONS TO INCREASE DUTIES.— 
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(1) IN
GENERAL.—The Trade Representative 
shall commence negotiations under article XXVIII of 
GATT 1994 to increase bound duty rates on all 
goods. 
(2) PRIORITIZING.—In carrying out negotia-
tions under paragraph (1), the Trade Representative 
shall— 
(A) prioritize the increase of bound duty 
rates on— 
(i) goods entering the United States 
from countries identified as bad faith ac-
tors by the Secretary of the Treasury for 
exclusion of deminimis access; and 
(ii) goods entering the United States 
causing significant harm to industry in the 
United States, as determined by the Trade 
Representative; and 
(B) commit to increase rates of duties on 
imports into the United States if other coun-
tries do not decrease their rates in line with 
those rates in Schedule XX, including through 
consideration of national averages of duty reci-
procity. 
(d) DEFINITIONS.—In this section: 
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(1) APPLIED DUTY RATE.—The term ‘‘applied 
duty rate’’ means the actual duty rate applied to a 
good. 
(2) BOUND
DUTY
RATE.—The term ‘‘bound 
duty rate’’ means the maximum duty rate that may 
be applied to a good. 
(3) GATT 1994; SCHEDULE
XX; WTO
MEM-
BER.—The terms ‘‘GATT 1994’’, ‘‘Schedule XX’’, 
and ‘‘WTO member’’ have the meanings given those 
terms in section 2 of the Uruguay Round Agree-
ments Act (19 U.S.C. 3501). 
(4) 
TRADE
REPRESENTATIVE.—The 
term 
‘‘Trade Representative’’ means the United States 
Trade Representative. 
SEC. 222. EXPANSION OF USMCA OR ESTABLISHMENT OF 
OTHER REGIONAL TRADE AGREEMENT. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the USMCA represents the gold standard 
for trade agreements, to which other trade agree-
ments should aspire; 
(2) the accession of additional high-standard 
economies to the USMCA would represent a benefit 
both to the Western Hemisphere and to the United 
States; 
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(3) the periodic review of the USMCA required 
in 2026 represents an opportunity to negotiate with 
USMCA countries to create an adhesion mechanism 
for advanced economies in the Western Hemisphere 
to join the USMCA; 
(4) Costa Rica and Uruguay, both high-income 
countries as defined by the World Bank, represent 
ideal candidates to pilot an accession process for the 
USMCA, due to— 
(A) the stated desire of those countries to 
join the USMCA; 
(B) the advanced state of the economies of 
those 
countries 
as 
determined 
by 
the 
Organisation for Economic Co-operation and 
Development; and 
(C) the comparatively small nature of the 
populations and economies of those countries; 
(5) the United States, working closely with 
USMCA countries and other free trade agreement 
partners in the Western Hemisphere, should study 
the potential benefits of aligning rules of origin and 
allowing for cumulation in strategically selected sec-
tors; and 
(6) unless expressly stated otherwise, no Amer-
icas partner country will be required to join the 
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USMCA as a condition of accepting any benefits af-
forded to Americas partner countries under this Act. 
(b) DEVELOPMENT OF ACCESSION MECHANISM.— 
(1) IN
GENERAL.—The United States Trade 
Representative, in conducting the periodic review of 
the USMCA required to be conducted in 2026, may 
seek agreement with USMCA countries to develop a 
mechanism for accession of additional countries to 
the USMCA. 
(2) TREATMENT OF TEXTILES AND APPAREL 
GOODS.— 
(A) RULES OF ORIGIN.—For purposes of 
the accession to the USMCA pursuant to the 
mechanism developed under paragraph (1), 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 ac-
cedes to the USMCA during— 
(i) the 15-year period following formal 
accession of that country to the USMCA; 
and 
(ii) an additional 5-year period if de-
termined appropriate pursuant to the 
study conducted under subparagraph (B). 
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(B) STUDY ON TEXTILE AND APPAREL IM-
PACT.—Not later than 12 years after the acces-
sion of an Americas partner country to the 
USMCA pursuant to the mechanism developed 
under paragraph (1), the United States Inter-
national Trade Commission shall commission a 
study to analyze the negative and positive im-
pacts of that accession on— 
(i) the textile and apparel sector of 
the country that joined the USMCA; 
(ii) the United States textile and ap-
parel sector; 
(iii) the textile and apparel sectors of 
all countries that are Americas partner 
countries at the time when the study is 
commissioned; and 
(iv) 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 
2024, referring to Costa Rica, the Domini-
can Republic, El Salvador, Guatemala, 
Honduras, and Nicaragua. 
(c) STUDY.— 
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(1) IN GENERAL.—The Secretary of the Treas-
ury shall conduct a study on the feasibility and ad-
visability of expanding the USMCA or carrying out 
other trade-related approaches for— 
(A) harmonization; 
(B) cumulation; 
(C) co-creation; and 
(D) intra-regional trade, investment, and 
standards harmonization. 
(2) REPORT.—Not later than one year after the 
date of the enactment of this Act, the Secretary of 
the Treasury shall submit to Congress a report on 
the study conducted under paragraph (1). 
(d) SENSE OF CONGRESS.—It is the sense of Con-
gress 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 de-
veloped pursuant to this section. 
SEC. 223. AMERICAS PARTNERSHIP THRESHOLD PROGRAM. 
(a) 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 part-
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ner countries that express an interest in potentially acced-
ing to the USMCA— 
(1) to prepare those countries for a possible 
process for accession to the USMCA; 
(2) to bring those countries up to the standards 
of the USMCA; and 
(3) no Americas partner country will be re-
quired to join the USMCA as a condition of accept-
ing benefits under this section. 
(b) ASSESSMENT.— 
(1) IN GENERAL.—In carrying out the program 
required under subsection (a), the United States 
Trade Representative shall conduct an assessment of 
each Americas partner country related to the trade- 
related standards of each such country, which shall 
include— 
(A) an identification of shortcomings that 
would impede accession to the USMCA; and 
(B) a programmatic strategy to bring each 
such country into compliance with the stand-
ards of the USMCA. 
(2) SUBMISSION OF ASSESSMENT.—The United 
States Trade Representative shall submit any as-
sessment conducted under paragraph (1) to— 
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(A) the Deputy Under Secretary of Com-
merce for International Trade and the Execu-
tive Secretariat of the Department of Com-
merce; and 
(B) the Committee on Finance of the Sen-
ate and the Committee on Ways and Means of 
the House of Representatives. 
(c) ADMINISTRATION.—The Secretary of Commerce, 
in coordination with the Secretary of State and the Ad-
ministrator of the United States Agency for International 
Development, shall implement this section through acqui-
sition or assistance mechanisms. 
(d) FUNDING.—Amounts required to carry out this 
section shall be derived from the Re-Shoring and Near- 
Shoring Account established under section 301. 
SEC. 224. EXPANSION OF BENEFICIARIES UNDER UNITED 
STATES-CARIBBEAN BASIN TRADE PARTNER-
SHIP ACT. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that trade preferences under the Caribbean Basin 
Economic Recovery Act (19 U.S.C. 2701 et seq.) 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 
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the USMCA or another regional trade agreement under 
section 222. 
(b) EXPANSION.— 
(1) IN GENERAL.—Section 213(b)(5)(B) of the 
Caribbean Basin Economic Recovery Act (19 U.S.C. 
2703(b)(5)(B)) is amended— 
(A) in the matter preceding clause (i)— 
(i) by striking ‘‘means any’’ and in-
serting ‘‘means Uruguay, Ecuador, and 
any’’; and 
(ii) by inserting ‘‘or Americas partner 
country, as defined in section 2 of the 
Americas Act,’’ before ‘‘which the Presi-
dent’’; and 
(B) in clause (i), in the matter preceding 
subclause (I), by striking ‘‘beneficiary’’. 
(2) NEGOTIATION.—In negotiating any expan-
sion to trade preferences under the Caribbean Basin 
Economic Recovery Act (19 U.S.C. 2701 et seq.), 
the United States Trade Representative shall ex-
clude preferences for goods that harm producers in 
the United States. 
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SEC. 225. EXCLUSION OF CERTAIN COUNTRIES FROM CER-
TAIN PREFERENTIAL TRADE TREATMENT. 
Notwithstanding any other provision of law, countries 
that are members of the Bolivarian Alliance for the Peo-
ples of Our America, as determined by the President, are 
ineligible for preferential trade treatment pursuant to— 
(1) section 213(b) of the Caribbean Basin Eco-
nomic Recovery Act (19 U.S.C. 2703(b)); 
(2) any provision of, or amendment made by, 
this Act; and 
(3) any free trade agreement with respect to 
which the United States is a party. 
SEC. 226. EXTENSION OF TRADE PROMOTION AUTHORITY 
TO AMERICAS PARTNER COUNTRIES FOR 
PURPOSES OF EXPANSION OF USMCA. 
(a) AGREEMENTS REGARDING TARIFF BARRIERS.— 
(1) IN GENERAL.—For purposes of advancing 
trade with Americas partner countries, whenever the 
President determines that one or more existing du-
ties or other import restrictions of an Americas part-
ner country or the United States are unduly bur-
dening and restricting the foreign trade of the 
United States and that the purposes, policies, prior-
ities, and objectives of expanding the USMCA to in-
clude that country will be promoted thereby, the 
President— 
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(A) may enter into trade agreements with 
an Americas partner country for the purposes 
of the accession of that country into the 
USMCA; and 
(B) may proclaim such modification or 
continuance of any existing duty, such continu-
ance of existing duty free or excise treatment, 
or such additional duties as the President deter-
mines to be required or appropriate to carry out 
that trade agreement. 
(2) CONGRESSIONAL
APPROVAL.—The Presi-
dent shall seek approval from Congress to enter into 
a trade agreement under this subsection. 
(b) AGREEMENTS REGARDING TARIFF AND NON-
TARIFF BARRIERS.— 
(1) AGREEMENTS.— 
(A) IN
GENERAL.—Whenever the Presi-
dent determines that one or more existing du-
ties or any other import restriction of an Amer-
icas partner country or the United States or 
any other barrier to, or other distortion of, 
international trade unduly burdens or restricts 
the foreign trade of the United States or ad-
versely affects the United States economy or 
the imposition of any such barrier or distortion 
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is likely to result in such a burden, restriction, 
or effect, and that the purposes, policies, prior-
ities, and objectives of expanding the USMCA 
to include that country will be promoted there-
by, the President may enter into a trade agree-
ment described in subparagraph (B). 
(B) TRADE
AGREEMENT
DESCRIBED.—A 
trade agreement described in this subparagraph 
is a trade agreement with an Americas partner 
country or Americas partner countries pro-
viding for— 
(i) the reduction or elimination of a 
duty, restriction, barrier, or other distor-
tion; or 
(ii) the prohibition of, or limitation on 
the imposition of, such barrier or other dis-
tortion. 
(2) 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 (19 U.S.C. 2701 et seq.). 
(3) BILLS QUALIFYING FOR TRADE AUTHORI-
TIES PROCEDURES.— 
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(A) IN GENERAL.—The provisions of sec-
tion 151 of the Trade Act of 1974 (19 U.S.C. 
2191) apply to a bill of either House of Con-
gress that contains provisions described in sub-
paragraph (B) to the same extent as such sec-
tion 151 applies to implementing bills under 
that section. 
(B) PROVISIONS DESCRIBED.—The provi-
sions described in this subparagraph are— 
(i) a provision approving a trade 
agreement entered into under this sub-
section and approving the statement of ad-
ministrative action, if any, proposed to im-
plement such trade agreement; and 
(ii) if changes in existing laws or new 
statutory authority are required to imple-
ment that trade agreement, only those pro-
visions as are strictly necessary or appro-
priate to implement that trade agreement, 
either repealing or amending existing laws 
or providing new statutory authority. 
(c) NEGOTIATIONS.— 
(1) IN
GENERAL.—The President may carry 
out negotiations with Americas partner countries for 
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purposes of entering into a trade agreement under 
this section. 
(2) SECTORS.—Sectors included in negotiations 
under paragraph (1) shall include agriculture, crit-
ical minerals, commercial services, intellectual prop-
erty rights, industrial and capital goods, government 
procurement, information technology products, envi-
ronmental technology and services, medical equip-
ment and services, civil aircraft, digital products and 
services, emerging technologies, and infrastructure 
products. 
(3) CONSIDERATION OF NEGOTIATING OBJEC-
TIVES.—In conducting negotiations under paragraph 
(1), the President shall take into account all of the 
negotiating objectives set forth in section 102 of the 
Bipartisan Congressional Trade Priorities and Ac-
countability Act of 2015 (19 U.S.C. 4201). 
(d) ANNUAL REPORT.—Not later than 180 days after 
the date of the enactment of this Act, and annually there-
after, the President shall submit to the Committee on Fi-
nance of the Senate and the Committee on Ways and 
Means of the House of Representatives a report on the 
implementation of this section, including— 
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(1) a description of any negotiations entered 
into with countries that seek to accede to the 
USMCA; 
(2) a description of any negotiations entered 
into with countries that seek to be a CBTPA bene-
ficiary country, as defined in section 213(b)(5) of 
the Caribbean Basin Economic Recovery Act (19 
U.S.C. 2703(b)(5)), as amended by section 224; 
(3) a description of any trade agreements en-
tered into pursuant to the authority under this sec-
tion; and 
(4) a full list of duties and duty-free items 
under trade agreements entered into pursuant to the 
authority under this section. 
CHAPTER 3—TEXTILE AND APPAREL 
SEC. 231. TEXTILE AND APPAREL GRANT PROGRAM. 
(a) 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 ap-
parel supply chain capacity. 
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(b) USE OF GRANT AMOUNTS.—A textile or apparel 
manufacturer in receipt of a grant awarded under this sec-
tion shall use the amounts of that grant for new facilities 
or equipment, to retool old equipment, or to create or ex-
pand operations for textile and apparel production in the 
United States or an Americas partner country. 
(c) ADMINISTRATION.—In carrying out this section, 
the Secretary— 
(1) shall permit advances of grant amounts to 
manufacturers— 
(A) prior to making qualifying expendi-
tures; or 
(B) as qualifying expenditures are made; 
(2) shall require a manufacturer to comply with 
safety, labor, and environmental standards specified 
by the Secretary, in consultation with the Secretary 
of Labor, the Administrator of the Environmental 
Protection Agency, and the Director of the National 
Institute of Standards and Technology; and 
(3) may scale the amount of a grant depending 
on incremental employment achieved by the manu-
facturer. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized 
to 
be 
appropriated 
to 
the 
Secretary 
$105,000,000 for each of the fiscal years 2025 through 
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2029 to carry out the program under this section. 
Amounts authorized to be appropriated under this sub-
section are authorized to be obligated and expended in 
both the United States and in Americas partner countries. 
SEC. 232. TEXTILE REUSE AND RECYCLING PROGRAMS. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) textiles make up more than 10 percent of 
global greenhouse gas emissions; and 
(2) textiles are the single most common product 
made with slave labor in the People’s Republic of 
China. 
(b) 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 301 for persons seeking to carry 
out programs to reuse or recycle covered products. 
(c) MANUFACTURING SUPPORT PROGRAMS.— 
(1) FACILITIES AND TRANSPORT.— 
(A) IN GENERAL.—The Secretary of Com-
merce 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- 
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carbon emissions transportation for collection, 
drop off or mail back, sorting, pre-processing, 
reuse, or recycling of covered products. 
(B) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There is authorized to be appropriated 
$250,000,000 to carry out the program re-
quired under subparagraph (A). 
(2) PROVISION OF COMPONENTS AND MACHIN-
ERY.— 
(A) IN GENERAL.—The Secretary of Com-
merce shall establish a program under which 
the Secretary provides grants and loans to enti-
ties for the provision of components, chemicals, 
solvents, or machinery necessary for the trans-
portation, collection, mail back, sorting, pre- 
processing, reuse, or recycling of covered prod-
ucts. 
(B) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There is authorized to be appropriated 
$250,000,000 to carry out the program re-
quired under subparagraph (A). 
(d) INNOVATION PROGRAM.— 
(1) IN
GENERAL.—The President shall carry 
out an innovation program for research and develop-
ment related to textile reuse and recycling. 
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(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There 
is 
authorized 
to 
be 
appropriated 
$250,000,000 to carry out the innovation program 
required under paragraph (1). 
(e) PUBLIC EDUCATION PROGRAM.— 
(1) IN
GENERAL.—The President shall carry 
out a public education program on the dangers of 
fast fashion. 
(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated $50,000,000 
to carry out the public education program required 
under paragraph (1). 
(f) RECYCLED CERTIFICATION PROCESS.—For pur-
poses of carrying out this section, the President shall en-
sure that all recycled finished textiles are certified under 
a globally recognized independent third-party assurance 
process. 
(g) FUNDING.—The Secretary of State may expend 
such sums as may be necessary from the Re-shoring and 
Near-shoring Account established under section 301 to 
carry out this section. 
(h) DEFINITIONS.—In this section: 
(1) COVERED
PRODUCT.—The term ‘‘covered 
product’’ means— 
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(A) textiles that are no longer wanted by 
an individual after purchase or cannot be sold 
by a business through retail; 
(B) recycled secondary textile raw mate-
rials and fibers; or 
(C) recycled finished textile products. 
(2) PRE-PROCESSING.—The term ‘‘pre-proc-
essing’’, with respect to a covered product, means 
preparing that product to be fit for recycling, which 
may include detrimming or other manual, mechan-
ical, or chemical means. 
(3) RECYCLE.— 
(A) IN
GENERAL.—The term ‘‘recycle’’, 
with respect to covered products, means signifi-
cantly transforming those products into new 
finished or unfinished goods for use of those 
products in that form. 
(B) TRANSFORMATION.—A transformation 
under subparagraph (A) can take place through 
the deconstruction of a covered product for use 
in manufacturing new materials out of that 
product, whether through mechanical or ad-
vanced recycling methods. 
(C) CERTIFICATION.—A covered product 
qualifies as a recycled good for purposes of this 
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paragraph as certified by a globally recognized 
independent third-party assurance process man-
aged according to the waste hierarchy for waste 
management developed by the United Nations 
and the Environmental Protection Agency. 
(4) REUSE.—The term ‘‘reuse’’, with respect to 
covered products that are finished textile goods, 
means resale, repair, rental, or upcycling (also 
known as remanufacturing) of those goods. 
(5) SORTING.—The term ‘‘sorting’’, with re-
spect to covered products, means manually or me-
chanically sorting those products for reuse or recy-
cling. 
(6) TEXTILE.—The term ‘‘textile’’ means ap-
parel, footwear, accessories, and household linens. 
SEC. 233. TEXTILE PRODUCTION VERIFICATION TEAMS. 
(a) IN GENERAL.—The Commissioner of U.S. Cus-
toms and Border Protection shall deploy to Americas part-
ner countries permanent textile production verification 
teams to ensure the integrity of the textile supply chains 
of those countries. 
(b) VISITS.— 
(1) 
COUNTRIES.—Textile 
production 
verification teams under subsection (a) shall by de-
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ployed to an Americas partner country not less fre-
quently than once each year. 
(2) 
COMPANIES.—Textile 
production 
verification teams under subsection (a) may not visit 
the same company in consecutive visits to a country 
unless following up on a previous positive determina-
tion of malfeasance. 
SEC. 234. TAX BENEFITS FOR APPAREL AND HOME TEXTILE 
PRODUCTS. 
(a) EXCLUSION OF INCOME FROM SALES OF CER-
TAIN PRODUCTS.— 
(1) IN GENERAL.—Part III of subchapter B of 
chapter 1 of the Internal Revenue Code of 1986 is 
amended by inserting after section 139I the fol-
lowing new sections: 
‘‘SEC. 139J. SALES OF FINISHED TEXTILE PRODUCTS IM-
PORTED FROM QUALIFYING WESTERN HEMI-
SPHERE COUNTRIES. 
‘‘(a) IN GENERAL.—In the case of a corporation, 
gross income shall not include any income from the quali-
fying domestic sale of qualified finished textile products. 
‘‘(b) QUALIFYING DOMESTIC SALE.—For purposes of 
this section— 
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‘‘(1) IN GENERAL.—The term ‘qualifying do-
mestic sale’ means any sale or exchange within the 
United States. 
‘‘(2) RELATED PERSONS.— 
‘‘(A) IN GENERAL.—Such term shall not 
include any sale to a related person. 
‘‘(B) RELATED PERSON.—For purposes of 
subparagraph (A), a person shall be treated as 
related to another person if such persons are 
treated as a single employer under subsection 
(a) or (b) of section 52 or subsection (m) or (o) 
of section 414, except that determinations 
under subsections (a) and (b) of section 52 
shall be made without regard to section 
1563(b). 
‘‘(c) QUALIFIED FINISHED TEXTILE PRODUCTS.— 
For purposes of this section— 
‘‘(1) IN
GENERAL.—The term ‘qualified fin-
ished textile products’ means any inventory property 
(as defined in section 865(i)(1)) which— 
‘‘(A) is a finished textile product, and 
‘‘(B) is— 
‘‘(i) an originating good under section 
202(c) of the United States-Mexico-Can-
ada Agreement Implementation Act (19 
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U.S.C. 4531), section 203(b) of the Do-
minican Republic-Central America-United 
States Free Trade Agreement Implementa-
tion Act (19 U.S.C. 4033(b)), or a com-
parable provision of an Act to implement a 
free trade agreement between the United 
States and a qualifying Western Hemi-
sphere country, or 
‘‘(ii) an eligible article under section 
213 of the Caribbean Basin Economic Re-
covery Act (19 U.S.C. 2703). 
‘‘(2) FINISHED TEXTILE PRODUCT.—The term 
‘finished textile product’ means a product put up for 
retail sale that is— 
‘‘(A) 
classifiable 
under 
chapters 
through 63 of the Harmonized Tariff Schedule 
of the United States; or 
‘‘(B) any textile-based product contained 
in chapter 39, 42, 64, 65, 66, 70, 94, or 96 of 
the Harmonized Tariff Schedule of the United 
States. 
‘‘(3) 
QUALIFYING
WESTERN
HEMISPHERE 
COUNTRY.— The term ‘qualifying Western Hemi-
sphere country’ means any country— 
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‘‘(A) which is located in the Western 
Hemisphere, and 
‘‘(B) with which the United States has a 
free trade agreement in effect. 
‘‘SEC. 139K. TEXTILE FIBER PRODUCTS EXPORTED TO 
QUALIFYING WESTERN HEMISPHERE COUN-
TRIES. 
‘‘(a) IN GENERAL.—In the case of a corporation, 
gross income shall not include any income from the quali-
fying foreign sale of any qualified textile fiber product. 
‘‘(b) QUALIFYING FOREIGN SALE.—For purposes of 
this section— 
‘‘(1) IN GENERAL.—The term ‘qualifying for-
eign sale’ means any sale or exchange which the tax-
payer establishes to the satisfaction of the Secretary 
is for any use, disposition, or consumption within a 
qualifying Western Hemisphere country (as defined 
in section 139J). 
‘‘(2) SPECIAL
RULES.—For purposes of this 
subsection, rules similar to the rules of subpara-
graphs (B)(i) and (C)(i) of section 250(b)(5) shall 
apply. 
‘‘(c) QUALIFIED TEXTILE FIBER PRODUCT.—For 
purposes of this section— 
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‘‘(1) IN GENERAL.—The term ‘qualifying textile 
fiber product’ means any inventory property (as de-
fined in section 865(i)(1)) which— 
‘‘(A) is a textile fiber product; and 
‘‘(B) is— 
‘‘(i) an originating good under section 
202(c) of the United States-Mexico-Can-
ada Agreement Implementation Act (19 
U.S.C. 4531), section 203(b) of the Do-
minican Republic-Central America-United 
States Free Trade Agreement Implementa-
tion Act (19 U.S.C. 4033(b)), or a com-
parable provision of an Act to implement a 
free trade agreement between the United 
States and a qualifying Western Hemi-
sphere country; or 
‘‘(ii) an eligible article under section 
213 of the Caribbean Basin Economic Re-
covery Act (19 U.S.C. 2703). 
‘‘(2) TEXTILE
FIBER
PRODUCT.—The term 
‘textile fiber product’ means a product put up for 
sale that is— 
‘‘(A) classifiable under any of chapters 50 
through 63 of the Harmonized Tariff Schedule 
of the United States; or 
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‘‘(B) a textile-based product contained in 
chapter 39, 42, 64, 65, 66, 70, 94, or 96 of the 
Harmonized Tariff Schedule of the United 
States.’’. 
(2) NET OPERATING LOSSES.—Section 172(d) 
of the Internal Revenue Code of 1986 is amended by 
adding at the end the following new paragraph: 
‘‘(10) EXCLUSIONS
FOR
CERTAIN
TEXTILE 
PRODUCTS.—Gross income shall be determined with-
out regard to section 139J and 139K.’’. 
(3) CLERICAL AMENDMENT.—The table of sec-
tions for part III of subchapter B of chapter 1 of 
such Code is amended by inserting after the item re-
lating to section 139I the following new items: 
‘‘Sec. 139J. Sales of finished textile products imported from qualifying Western 
Hemisphere countries. 
‘‘Sec. 139K. Textile fiber products exported to qualifying Western Hemisphere 
countries.’’. 
(4) EFFECTIVE DATE.—The amendments made 
by this subsection shall apply to taxable years begin-
ning after the date of the enactment of this Act. 
(b) DEDUCTION
FOR DOMESTIC PRODUCTION
OF 
TEXTILE FIBER PRODUCTS.— 
(1) IN GENERAL.—Part VIII of subchapter B 
of chapter 1 of the Internal Revenue Code of 1986 
is amended by adding at the end the following new 
section: 
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‘‘SEC. 251. INCOME ATTRIBUTABLE TO DOMESTIC TEXTILE 
PRODUCTION ACTIVITIES. 
‘‘(a) IN GENERAL.—In the case of a corporation, 
there shall be allowed as a deduction an amount equal to 
9 percent of the lesser of— 
‘‘(1) the qualified textile production activities 
income of the taxpayer for the taxable year, or 
‘‘(2) taxable income (determined without regard 
to this section) for the taxable year. 
‘‘(b) DEDUCTION LIMITED TO WAGES PAID.— 
‘‘(1) IN GENERAL.—The amount of the deduc-
tion allowable under subsection (a) for any taxable 
year shall not exceed 50 percent of the W–2 wages 
of the taxpayer for the taxable year. 
‘‘(2) W–2 WAGES.—For purposes of this sec-
tion— 
‘‘(A) 
IN
GENERAL.—The 
term 
‘W–2 
wages’ means, with respect to any person for 
any taxable year of such person, the sum of the 
amounts described in paragraphs (3) and (8) of 
section 6051(a) paid by such person with re-
spect to employment of employees by such per-
son during the calendar year ending during 
such taxable year. 
‘‘(B) LIMITATION
TO
WAGES
ATTRIB-
UTABLE
TO
DOMESTIC
TEXTILE
PRODUC-
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TION.—Such term shall not include any amount 
which is not properly allocable to domestic tex-
tile production gross receipts for purposes of 
subsection (c)(1). 
‘‘(C) RETURN REQUIREMENT.—Such term 
shall not include any amount which is not prop-
erly included in a return filed with the Social 
Security Administration on or before the 60th 
day after the due date (including extensions) 
for such return. 
‘‘(3) ACQUISITIONS, DISPOSITIONS, 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 acquires, or dis-
poses of, the major portion of a trade or business or 
the major portion of a separate unit of a trade or 
business during the taxable year. 
‘‘(c) QUALIFIED TEXTILE PRODUCTION ACTIVITIES 
INCOME.—For purposes of this section— 
‘‘(1) IN GENERAL.—The term ‘qualified textile 
production activities income’ for any taxable year 
means an amount equal to the excess (if any) of— 
‘‘(A) the taxpayer’s domestic textile pro-
duction gross receipts for such taxable year, 
over 
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‘‘(B) the sum of— 
‘‘(i) the cost of goods sold that are al-
locable to such receipts, and 
‘‘(ii) other expenses, losses, or deduc-
tions (other than the deduction allowed 
under this section), which are properly al-
locable to such receipts. 
‘‘(2) ALLOCATION
METHOD.—The Secretary 
shall prescribe rules for the proper allocation of 
items described in paragraph (1) for purposes of de-
termining qualified textile production activities in-
come. Such rules shall provide for the proper alloca-
tion of items whether or not such items are directly 
allocable to domestic textile production gross re-
ceipts. 
‘‘(3) 
SPECIAL
RULES
FOR
DETERMINING 
COSTS.— 
‘‘(A) IN GENERAL.—For purposes of deter-
mining costs under clause (i) of paragraph 
(1)(B), any item or service brought into the 
United States shall be treated as acquired by 
purchase, and its cost shall be treated as not 
less than its value immediately after it entered 
the United States. A similar rule shall apply in 
determining the adjusted basis of leased or 
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rented property where the lease or rental gives 
rise to domestic textile production gross re-
ceipts. 
‘‘(B) EXPORTS FOR FURTHER MANUFAC-
TURE.—In the case of any property described 
in subparagraph (A) that had been exported by 
the taxpayer for further manufacture, the in-
crease in cost or adjusted basis under subpara-
graph (A) shall not exceed the difference be-
tween the value of the property when exported 
and the value of the property when brought 
back into the United States after the further 
manufacture. 
‘‘(4) DOMESTIC TEXTILE PRODUCTION GROSS 
RECEIPTS.— 
‘‘(A) IN
GENERAL.—The term ‘domestic 
textile production gross receipts’ means the 
gross receipts of the taxpayer which are derived 
from any lease, rental, license, sale, exchange, 
or other disposition of textile fiber product (as 
defined in section 139K) which was manufac-
tured, produced, or grown by the taxpayer in 
whole or in significant part within the United 
States. 
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‘‘(B) EXCEPTION.—Such term shall not in-
clude any gross receipts— 
‘‘(i) from the qualifying foreign sale 
(as defined in section 139K) of qualifying 
textile fiber products (as defined in such 
section), or 
‘‘(ii) from activities described in sec-
tion 199B(b)(1)(A). 
‘‘(C) SPECIAL
RULE
FOR
CERTAIN
GOV-
ERNMENT CONTRACTS.—Gross receipts derived 
from the manufacture or production of any 
property described in subparagraph (A) shall be 
treated as meeting the requirements of subpara-
graph (A) if— 
‘‘(i) such property is manufactured or 
produced by the taxpayer pursuant to a 
contract with the Federal Government, and 
‘‘(ii) the Federal Acquisition Regula-
tion requires that title or risk of loss with 
respect to such property be transferred to 
the Federal Government before the manu-
facture or production of such property is 
complete. 
‘‘(D) PARTNERSHIPS
OWNED
BY
EX-
PANDED
AFFILIATED
GROUPS.—For purposes 
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of this paragraph, 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 partnership, the partnership and all mem-
bers of such group shall be treated as a single 
taxpayer during such period. 
‘‘(5) RELATED PERSONS.— 
‘‘(A) IN
GENERAL.—The term ‘domestic 
textile production gross receipts’ shall not in-
clude any gross receipts of the taxpayer derived 
from property leased, licensed, or rented by the 
taxpayer for use by any related person. 
‘‘(B) RELATED PERSON.—For purposes of 
subparagraph (A), a person shall be treated as 
related to another person if such persons are 
treated as a single employer under subsection 
(a) or (b) of section 52 or subsection (m) or (o) 
of section 414, except that determinations 
under subsections (a) and (b) of section 52 
shall be made without regard to section 
1563(b). 
‘‘(d) DEFINITIONS AND SPECIAL RULES.— 
‘‘(1) 
SPECIAL
RULE
FOR
AFFILIATED 
GROUPS.— 
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‘‘(A) IN GENERAL.—All members of an ex-
panded affiliated group shall be treated as a 
single corporation for purposes of this section. 
‘‘(B) EXPANDED
AFFILIATED
GROUP.— 
For purposes of this section, the term ‘ex-
panded affiliated group’ means an affiliated 
group as defined in section 1504(a), deter-
mined— 
‘‘(i) by substituting ‘more than 50 
percent’ for ‘at least 80 percent’ each place 
it appears, and 
‘‘(ii) without regard to paragraphs (2) 
and (4) of section 1504(b). 
‘‘(C) ALLOCATION
OF
DEDUCTION.—Ex-
cept as provided in regulations, the deduction 
under subsection (a) shall be allocated among 
the members of the expanded affiliated group in 
proportion to each member’s respective amount 
(if any) of qualified textile production activities 
income. 
‘‘(2) TRADE
OR
BUSINESS
REQUIREMENT.— 
This section shall be applied by only taking into ac-
count items which are attributable to the actual con-
duct of a trade or business. 
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‘‘(3) UNRELATED
BUSINESS
TAXABLE
IN-
COME.—For purposes of determining the tax im-
posed by section 511, subsection (a)(1)(B) shall be 
applied by substituting ‘unrelated business taxable 
income’ for ‘taxable income’. 
‘‘(4) REGULATIONS.—The Secretary shall pre-
scribe such regulations as are necessary to carry out 
the purposes of this section, including regulations 
which prevent more than 1 taxpayer from being al-
lowed a deduction under this section with respect to 
any activity described in subsection (c)(4)(A).’’. 
(2) CONFORMING AMENDMENTS.— 
(A)(i) Section 74(d)(2)(B) of the Internal 
Revenue Code of 1986 is amended by inserting 
‘‘251,’’ after ‘‘221,’’. 
(ii) Section 246(b)(1) of such Code is 
amended 
by 
inserting 
‘‘251,’’ 
after 
‘‘243(a)(1),’’. 
(iii) Section 469(i)(3)(E)(iii) of such Code 
is amended by inserting ‘‘251,’’ after ‘‘250,’’. 
(B) Section 170(b)(2)(D) of such Code is 
amended by striking the period at the end of 
clause (v) and inserting ‘‘, and’’ and by adding 
at the end the following new clause: 
‘‘(vi) section 251.’’. 
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(C) Section 172(d) of such Code, as 
amended by this Act, is amended by adding at 
the end the following new paragraph: 
‘‘(11) The deduction under section 251 shall 
not be allowed.’’. 
(3) CLERICAL AMENDMENT.—The table of sec-
tions for part VIII of subchapter B of chapter 1 of 
such Code is amended by adding at the end the fol-
lowing new item: 
‘‘Sec. 251. Income attributable to domestic textile production activities.’’. 
(4) EFFECTIVE DATE.—The amendments made 
by this subsection shall apply to taxable years begin-
ning after the date of the enactment of this Act. 
(c) DEDUCTION FOR REUSED AND RECYCLED TEX-
TILES.— 
(1) IN GENERAL.—Part VI of subchapter B of 
the Internal Revenue Code of 1986 is amended by 
adding at the end the following new section: 
‘‘SEC. 199B. TEXTILE REUSE AND RECYCLING ACTIVITY IN-
COME. 
‘‘(a) IN GENERAL.—There shall be allowed a deduc-
tion equal to 15 percent of the qualified textile reuse and 
recycling activity income of the taxpayer for the taxable 
year. 
‘‘(b) QUALIFIED TEXTILE REUSE AND RECYCLING 
ACTIVITY INCOME.—For purposes of this section— 
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‘‘(1) IN GENERAL.—The term ‘qualified textile 
reuse and recycling activity income’ means the ex-
cess (if any) of— 
‘‘(A) the gross income of the taxpayer de-
rived in the course of a trade or business 
from— 
‘‘(i) the resale, repair, rental, or re-
manufacturing of finished textile products, 
‘‘(ii) the transformation of otherwise 
unsalable textile fiber products into new 
finished or unfinished goods, 
‘‘(iii) the collection of textile fiber 
products, 
‘‘(iv) the sorting of finished textile 
products and textile fiber products for ac-
tivities described in clause (i) or (ii), and 
‘‘(v) the preparation of textile fiber 
products for activities described in clause 
(ii), over 
‘‘(B) the deductions (including taxes) prop-
erly allocable to such gross income. 
‘‘(2) FINISHED TEXTILE PRODUCTS.—The term 
‘finished textile products’ has the meaning given 
such term under section 139J(c). 
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‘‘(3) TEXTILE
FIBER
PRODUCTS.—The term 
‘textile fiber products’ has the meaning given such 
term under section 139K(c). 
‘‘(c) SPECIAL RULES.— 
‘‘(1) APPLICATION
TO
PARTNERSHIPS
AND
S 
CORPORATIONS.—In the case of a partnership or S 
corporation— 
‘‘(A) this section shall be applied at the 
partner or shareholder level, and 
‘‘(B) each partner or shareholder shall 
take into account such person’s allocable share 
of each qualified item of income, gain, deduc-
tion, and loss. 
‘‘(2) COORDINATION WITH MINIMUM TAX.—For 
purposes of determining alternative minimum tax-
able income under section 55, qualified textile reuse 
and recycling activity income shall be determined 
without regard to any adjustments under sections 56 
through 59.’’. 
(2) COORDINATION
WITH
DEDUCTION
FOR 
QUALIFIED
BUSINESS
INCOME.—Section 
199A(c)(3)(B) of the Internal Revenue Code of 
1986 is amended by redesignating clause (vii) as 
clause (viii) and by inserting after clause (vi) the fol-
lowing new clause: 
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‘‘(vii) Any item of income, gain, de-
duction, or loss taken into account under 
section 199B(b)(1).’’. 
(3) CONFORMING AMENDMENTS.— 
(A)(i) Section 74(d)(2)(B) of the Internal 
Revenue Code of 1986 is amended by inserting 
‘‘199B,’’ after ‘‘137,’’. 
(ii) Section 86(b)(2)(A) of such Code is 
amended by inserting ‘‘199B,’’ after ‘‘137,’’. 
(iii) Section 135(c)(4)(A) of such Code is 
amended by inserting ‘‘199B,’’ after ‘‘137,’’. 
(iv) Section 137(b)(3)(A) of such Code is 
amended by inserting ‘‘199B,’’ before ‘‘221,’’. 
(v) Section 219(g)(3)(A)(ii) of such Code 
is amended by inserting ‘‘199B,’’ after ‘‘137,’’. 
(vi) Section 221(b)(2)(C)(i) of such Code 
is amended by inserting ‘‘199B,’’ before ‘‘911,’’. 
(vii) Section 246(b)(1) of such Code is 
amended by inserting ‘‘199B,’’ after ‘‘199A,’’. 
(viii) Section 469(i)(3)(E)(iii) of such Code 
is amended by inserting ‘‘199B,’’ before ‘‘219,’’. 
(B) Section 170(b)(2)(D) of such Code, as 
amended by subsection (b), is amended by 
striking the period at the end of clause (vi) and 
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inserting ‘‘, and’’ and by adding at the end the 
following new clause: 
‘‘(vii) section 199B.’’. 
(C) Section 172(d) of such Code, as 
amended by subsection (b), is amended by add-
ing at the end the following new paragraph: 
‘‘(12) The deduction under section 199B shall 
not be allowed.’’. 
(4) CLERICAL AMENDMENT.—The table of sec-
tions for part VI of subchapter B of chapter 1 of 
such Code is amended by adding at the end the fol-
lowing new item: 
‘‘Sec. 199B. Textile reuse and recycling activity income.’’. 
(5) EFFECTIVE DATE.—The amendments made 
by this subsection shall apply to taxable years begin-
ning after the date of the enactment of this Act. 
CHAPTER 4—TRADE ENFORCEMENT 
SEC. 241. ESTABLISHMENT OF SPECIAL ENFORCEMENT 
UNIT OF U.S. CUSTOMS AND BORDER PRO-
TECTION TO MONITOR THE IMPLEMENTA-
TION OF UYGHUR FORCED LABOR PREVEN-
TION ACT. 
(a) ESTABLISHMENT.—There is established in the 
Office of International Affairs of U.S. Customs and Bor-
der Protection a special enforcement unit tasked with 
monitoring the implementation by the United States of the 
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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 
market, and for other purposes’’, approved December 23, 
2021 (Public Law 117–78; 135 Stat. 1525) (commonly 
referred to as the ‘‘Uyghur Forced Labor Prevention 
Act’’). 
(b) COORDINATION.—The special enforcement unit 
established under subsection (a) shall coordinate with the 
trade remedy law enforcement unit of U.S. Customs and 
Border Protection. 
(c) STAFF.— 
(1) AGENTS.—The special enforcement unit es-
tablished under subsection (a) may deploy agents as 
necessary for the effective functioning of the unit. 
(2) POSITIONS AT EMBASSIES.—The special en-
forcement unit established under subsection (a) may 
deploy permanent NSDD–38 positions stationed at 
each embassy of the United States in an Americas 
partner country for the coordination of the efforts of 
the unit. 
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SEC. 242. AUTHORIZATION OF PAYMENTS TO WHISTLE-
BLOWERS 
RELATING 
TO 
MONEY 
LAUN-
DERING 
OR 
ILLICIT 
FINANCIAL 
TRANS-
ACTIONS. 
The Executive Associate Director of Homeland Secu-
rity 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 30 percent of the 
value of any assets seized in connection with such viola-
tions. 
SEC. 243. ESTABLISHMENT OF BORDERS AND PORTS PRO-
TECTION PROGRAM. 
(a) IN GENERAL.—The Commissioner, in consulta-
tion with the Secretary of State, the Secretary of Home-
land Security, and the heads of such other Federal agen-
cies as the President considers appropriate, shall establish 
a program to be known as the Borders and Ports Protec-
tion Program (referred to in this section as the ‘‘Pro-
gram’’). 
(b) BORDERS AND PORTS PROTECTION UNIT.— 
(1) IN
GENERAL.—Under the Program, the 
Commissioner shall assist Americas partner coun-
tries that are seeking to join the Program and are 
selected by the Commissioner in the establishment of 
a borders and ports protection unit. 
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100 
(2) CONSULTATION
WITH
CONGRESS.—In se-
lecting Americas partner countries under paragraph 
(1), the Commissioner shall consult with Congress. 
(3) CONSENT
REQUIREMENT.—The Commis-
sioner shall not provide the support of a border and 
ports protection unit to an Americas partner country 
without first receiving express consent from the gov-
ernment of that Americas partner country. 
(c) ELEMENTS OF PROGRAM.—In carrying out the 
Program, the Commissioner may support the efforts of 
customs administrations and border security agencies of 
Americas partner countries selected under subsection (b) 
to create a borders and ports protection unit composed 
of a sufficient number of officers, including officers of the 
United States and officers of the Americas partner coun-
try, as identified by the Commissioner, who will— 
(1) report to the local customs administrations 
and border security agencies in that country; 
(2) be responsible for surge support and phys-
ical protection of borders, ports, strategic depots, 
hubs, and key commodities, such as basic foodstuffs, 
gasoline, diesel, and other strategic goods, in that 
country; 
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101 
(3) under the authority of officials in that coun-
try, carry out non-investigative customs functions, 
such as— 
(A) ensuring the effective continuity of 
port operations; 
(B) facilitating legitimate trade and com-
merce; and 
(C) detecting and interdicting customs vio-
lations, such as illicit smuggling of contraband; 
(4) when cross-border violations of law are iden-
tified, notify and coordinate directly with customs 
and other law enforcement and security agencies in 
that country that are responsible for conducting in-
vestigations of illicit cross-border smuggling of-
fenses; 
(5) refer cross-border violations of law to the 
Transnational 
Criminal 
Investigative 
Units 
of 
Homeland Security Investigations; and 
(6) carry out any other duties identified by the 
Commissioner. 
(d) 
TRANSNATIONAL
CRIMINAL
INVESTIGATIVE 
UNITS.—The Secretary of Homeland Security, acting 
through the Executive Associate Director of Homeland Se-
curity Investigations, may establish Transnational Crimi-
nal Investigative Units within an Americas partner coun-
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102 
try upon receiving express consent from the government 
of that Americas partner country. 
(e) TRAINING AND EQUIPMENT.—To the extent au-
thorized under existing provisions of law, the Commis-
sioner may provide to an Americas partner country se-
lected under subsection (b) training, oversight, equipment, 
and remuneration from U.S. Customs and Border Protec-
tion for the purposes specified in subsection (c) to provide 
lethal and non-lethal assistance, such as training and 
equipment, including personal protective equipment, ar-
mored vehicles, and weapons, to entities that are— 
(1) identified by the local customs offices in 
that country; 
(2) coordinated and deconflicted through the 
law enforcement working group of the United States 
Embassy in that country; and 
(3) approved by the Commissioner. 
(f) MANAGEMENT.— 
(1) IN
GENERAL.—Under the Program, the 
Commissioner, in coordination with the Secretary of 
State and the Secretary of Homeland Security, 
shall— 
(A) deploy officers of U.S. Customs and 
Border Protection to each Americas partner 
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103 
country selected under subsection (b), who 
shall— 
(i) report to the chief of mission; 
(ii) monitor the activities, on behalf of 
the Department of Homeland Security, of 
the borders and ports protection unit of 
that country; 
(iii) coordinate activities with— 
(I) the law enforcement working 
group of the United States Embassy 
in that country; 
(II) the attache of Homeland Se-
curity Investigations covering that 
country; and 
(III) the Transnational Criminal 
Investigative Unit for that country; 
(iv) 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 In-
vestigations covering that country; and 
(v) ensure that all cross-border viola-
tions of law are referred for investigation 
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104 
to the Transnational Criminal Investigative 
Unit for that country; and 
(B) hire a defense contractor that has 
completed all registrations and clearances re-
quired by the United States Government to de-
ploy a team of armed experts to assist in the 
recruitment, vetting, and training of agents of 
the borders and ports protection unit of that 
country. 
(2) HIRING OF AGENTS.—When possible, the 
Secretary shall hire agents for the borders and ports 
protection unit of an Americas partner country se-
lected under subsection (b) from among agents of 
the security services of that country. 
(g) 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 
(SPEAR) used by the Diplomatic Security Service to pro-
tect embassies of the United States and other facilities in 
high-threat environments. 
(h) REMUNERATION.—Under the Program, the Sec-
retary of State, working through the contractor hired pur-
suant to subsection (f)(1)(B), shall provide appropriate re-
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105 
muneration for agents of borders and ports protection 
units, including— 
(1) wages based on appropriate pay scales of 
the United Nations; and 
(2) a life insurance policy. 
(i) DESIGNATION
OF
UNITS
IN
NON-AMERICAS 
PARTNER COUNTRIES.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, except as provided in paragraph 
(2), the President may designate a borders and 
ports protection unit under the Program in a coun-
try that is not an Americas partner country selected 
under subsection (b) if the President— 
(A) determines that it is in the national se-
curity interest of the United States to do so; 
and 
(B) receives the express consent of the gov-
ernment of that country. 
(2) EXCEPTION.—The President may not des-
ignate 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 America. 
(j) REPORT.—Not later than 90 days after the date 
of the enactment of this Act, and annually thereafter, the 
Secretary of State shall submit to the Committee on Fi-
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106 
nance and the Committee on Homeland Security and Gov-
ernmental Affairs of the Senate and the Committee on 
Ways and Means of the House of Representatives a report 
on the Program. 
(k) COMMISSIONER DEFINED.—In this section, the 
term ‘‘Commissioner’’ means the Commissioner of U.S. 
Customs and Border Protection. 
SEC. 244. ESTABLISHMENT OF MUTUAL RECOGNITION 
AGREEMENTS AND TRADE TRANSPARENCY 
UNITS. 
(a) IN GENERAL.—If not already in place with re-
spect to an Americas partner country, not later than one 
year after entering into a partnership agreement pursuant 
to section 201 with that country, 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 Part-
nership Against Terrorism program of U.S. Customs and 
Border Protection. 
(b) PROCESS.—Immediately upon the date of the en-
actment of this Act, the Commissioner shall begin an expe-
dited process of establishing mutual recognition agree-
ments and trade transparency units between the United 
States and customs offices of Americas partner countries. 
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107 
(c) INTEROPERABILITY
OF
AGREEMENTS.—The 
Commissioner, in consultation with the Secretary of Com-
merce, shall ensure that data sharing conducted under a 
mutual recognition agreement established under this sec-
tion is interoperable with the e-governance system estab-
lished under title I. 
(d) HARMONIZATION OF DATA COLLECTED UNDER 
AGREEMENTS.—In coordination with the Americas Part-
nership Business Advisory Board established under sec-
tion 202, trade and customs bodies shall harmonize col-
lected data under mutual recognition agreements entered 
into under this section, including data related to the fol-
lowing: 
(1) Weight. 
(2) Quantity. 
(3) Value. 
(4) Elements necessary for imports and exports. 
(5) Common identifiers matching imports and 
exports. 
(e) DEFINITIONS.—In this section: 
(1) 
COMMISSIONER.—The 
term 
‘‘Commis-
sioner’’ means the Commissioner of U.S. Customs 
and Border Protection. 
(2) MUTUAL RECOGNITION AGREEMENT.—The 
term ‘‘mutual recognition agreement’’ means a docu-
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ment of arrangement between U.S. 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 secu-
rity programs of that country and the United States. 
CHAPTER 5—MEDICAL EQUIPMENT AND 
SUPPLIES GRANT PROGRAM 
SEC. 245. MEDICAL EQUIPMENT AND SUPPLIES GRANT 
PROGRAM. 
(a) IN GENERAL.—The Secretary of Commerce shall 
establish a program under which the Secretary shall award 
grants to manufacturers of medical equipment, medical 
devices, 
and 
medical 
supplies 
that 
are 
either 
headquartered 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 assist the continued expansion of, and promote 
job growth within, this key economic sector for the Hemi-
sphere. 
(b) USE OF GRANT AMOUNTS.—A medical equip-
ment, medical device, or medical supply manufacturer in 
receipt of a grant awarded under this section shall use 
the amounts of that grant for new facilities or equipment, 
to retool old equipment, or to create or expand operations 
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for medical equipment, medical device, or medical supply 
production in the United States or in an Americas partner 
country. 
(c) ADMINISTRATION.—In carrying out this section, 
the Secretary— 
(1) shall permit advances of grant amounts to 
manufacturers— 
(A) prior to making qualifying expendi-
tures; or 
(B) as qualifying expenditures are made; 
and 
(2) shall require a manufacturer to comply with 
safety, labor, health, and environmental standards 
specified by the Secretary, in consultation with the 
Secretary of Labor, the Secretary of Health and 
Human Services, the Administrator of the Environ-
mental Protection Agency, and the Director of the 
National Institute of Standards and Technology; and 
(3) may scale the amount of a grant depending 
on incremental employment achieved by the manu-
facturer. 
(d) DEFINITION OF MEDICAL EQUIPMENT, MEDICAL 
DEVICES, AND MEDICAL SUPPLIES.—In this section, the 
terms ‘‘medical equipment, medical devices, and medical 
supplies’’ means— 
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(1) for goods manufactured in Americas part-
ner countries, goods within one of the following sta-
tistical reporting numbers utilized in the Har-
monized Tariff Schedule of the United States: 
(A) 9018.90.8000, classified as ‘‘other in-
struments and appliances used in medical, sur-
gical, dental, or veterinary sciences’’; 
(B) 9018.39.0040, classified as ‘‘bougies, 
drains, and sondes, and parts and accessories’’; 
(C) 9018.19.9560, classified as ‘‘parts and 
accessories for electro-diagnostic apparatus, for 
use in medical, surgical, dental or veterinary 
science’’; 
(D) 9018.90.6000, classified as ‘‘electro- 
surgical instruments and appliances and parts 
and accessories’’; 
(E) 9018.90.7580, classified as ‘‘electro- 
medical instruments and appliances and parts 
and accessories’’; 
(F) 9021.39.0000, classified as ‘‘other ar-
tificial parts of the body and parts and acces-
sories’’; 
(G) 9018.39.0050, classified as ‘‘cannulae 
and the like and parts and accessories)’’; or 
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(H) any other statistical reporting number 
contained within the Harmonized Tariff Sched-
ule (19 U.S.C. 1202) that refers to a type of 
medical equipment, medical device, or medical 
supply that is produced within an Americas 
partner country and helps secure America’s 
medical supply chain, as determined by the Sec-
retary; and 
(2) for goods manufactured in the United 
States, goods within each of the ‘‘Schedule B’’ ex-
port classifications codes maintained by the United 
States Census Bureau that are the equivalent of the 
products described in paragraph (1), as determined 
by the Secretary. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary of Com-
merce $105,000,000 for each of the fiscal years 2025 
through 2029 to carry out the program under this section. 
Amounts authorized to be appropriated under this sub-
section are authorized to be obligated and expended in 
both the United States and in Americas partner countries. 
Subtitle C—Investment 
SEC. 251. SENSE OF CONGRESS. 
It is the sense of Congress that— 
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(1) Americas partner countries need significant 
investment in infrastructure and trade ecosystems to 
compete in the 21st century; 
(2) slave-based subsidized trade in the People’s 
Republic of China takes advantage of such need, 
abusing the principles of free trade to advance the 
national security interests of the People’s Republic 
of China and predate upon other countries; 
(3) environmental degradation by the People’s 
Republic of China, especially through dirty, coal-pro-
duced electricity, gives products manufactured in the 
People’s Republic of China an unfair advantage over 
products manufactured in countries with inter-
nationally accepted environmental standards; 
(4) theft of intellectual property rights, World 
Trade Organization violations, 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 unbalanced; 
(5) a trade-based response to the trade behavior 
of the People’s Republic of China, which uses cor-
ruption and perverse incentives, must include invest-
ment incentives, retaliatory tariffs, fixing the de 
minimis trade loophole found in section 321 of the 
Tariff Act of 1930 (19 U.S.C. 1321), which is effec-
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113 
tively a free trade agreement with the Chinese Com-
munist Party, and other offsets to catalyze move-
ment of supply chains and productivity back to the 
Western Hemisphere; and 
(6) promoting development and challenging the 
People’s Republic of China will require flexibility, re-
sponsiveness, creativity, and risk-taking, which are 
the ethos of the investment corporation. 
SEC. 252. BUILD AMERICAS UNIT. 
Title I of the BUILD Act of 2018 (22 U.S.C. 9611 
et seq.) is amended by adding at the end the following 
new section: 
‘‘SEC. 1416. BUILD AMERICAS UNIT. 
‘‘(a) ESTABLISHMENT.—There is established in the 
Corporation a BUILD Americas Unit (in this division re-
ferred to as the ‘Unit’). 
‘‘(b) PURPOSE.—The purposes of the Unit are as fol-
lows: 
‘‘(1) To advance the interests of the United 
States Government. 
‘‘(2) To near-shore industries from the People’s 
Republic of China. 
‘‘(3) To support the development of large scale 
infrastructure ecosystems for the purposes of rapid 
industrialization of the Western Hemisphere. 
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114 
‘‘(4) To support the relocation of strategic sup-
ply chains (as that term is defined in section 254 of 
the Americas Act). 
‘‘(c) COUNTRIES OF OPERATION.—The Unit shall op-
erate in all Americas partner countries (as that term is 
defined in section 2 of the Americas Act), without regard 
to the income limitations described in section 1412(c)(2). 
‘‘(d) 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 sec-
tion 301 and the amounts authorized under section 
212(a)(2) of the Americas Act. 
‘‘(e) DEPUTY CHIEF EXECUTIVE OFFICER.— 
‘‘(1) APPOINTMENT.—There shall be in the 
Unit, a Deputy Chief Executive Officer for the 
Americas (in this section referred to as the ‘Deputy 
Chief’) , who shall be appointed by the President, by 
and with the advice and consent of the Senate, and 
who shall report to the Deputy Under Secretary of 
Commerce for the Americas Partnership. 
‘‘(2) COMPENSATION.—The Deputy Chief shall 
be compensated at a rate equivalent to level I of the 
Executive Schedule under section 5312 of title 5, 
United States Code. 
‘‘(f) PERSONNEL MANAGEMENT AUTHORITY.— 
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115 
‘‘(1) STAFFING.— 
‘‘(A) IN GENERAL.—Without regard to any 
provision of title 5, United States Code, gov-
erning the appointment of employees in the civil 
service, the Deputy Chief may appoint— 
‘‘(i) such individuals as necessary to 
provide not fewer than 2 staff members 
from the Unit to each Americas partner 
country; 
‘‘(ii) such individuals as necessary to 
serve as program managers under this sec-
tion; and 
‘‘(iii) such other individuals as may be 
necessary to enable the Unit to perform its 
duties. 
‘‘(B) 
PROGRAM
MANAGER
QUALIFICA-
TIONS.—Individuals 
appointed 
as 
program 
managers under subparagraph (A)(ii) shall 
have— 
‘‘(i) demonstrated experience and ex-
pertise in securities in the private sector; 
‘‘(ii) an appropriate securities license, 
as determined by the Deputy Chief; and 
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116 
‘‘(iii) held the position of investment 
banker as commonly understood for hiring 
at private entities. 
‘‘(2) 
COMPENSATION.—Notwithstanding 
any 
provision of title 5, United States Code, governing 
the rates of pay or classification of employees in the 
executive branch, the Deputy Chief may prescribe 
the rates of basic pay for program managers ap-
pointed under paragraph (1)(A)(ii) at a rate not in 
excess of a rate equal to 150 percent of the max-
imum rate of basic pay authorized for positions at 
level I of the Executive Schedule under section 5312 
of title 5, United States Code. 
‘‘(3) EVALUATIONS OF PROGRAM MANAGERS.— 
‘‘(A) IN GENERAL.—The Deputy Adminis-
trator for Programs shall establish criteria to 
evaluate the effectiveness of program managers, 
which shall include measuring the economic 
success of portfolio instruments approved by 
program managers. 
‘‘(B) DISMISSAL.—Upon the determination 
that a program manager fails to meet the cri-
teria described in subparagraph (A), the Dep-
uty Administrator for Programs may rec-
ommend the dismissal of such program man-
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117 
ager, who may be dismissed at the discretion of 
the Chief Administrator. 
‘‘(4) LIMITATION
ON
TERM
OF
APPOINT-
MENT.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the service of a program 
manager appointed under paragraph (1)(A)(ii) 
may not exceed 5 years. 
‘‘(B) EXTENSION.—The Deputy Chief 
may, in the case of a particular program man-
ager appointed under paragraph (1)(A)(ii), ex-
tend the period to which service is limited under 
subparagraph (A) by up to 2 years if the Dep-
uty Chief determines that such action is nec-
essary to promote the efficiency of the Unit, as 
applicable. 
‘‘(g) AUTHORITIES RELATING
TO PROVISION
OF 
SUPPORT.— 
‘‘(1) IN GENERAL.—The authorities in this sub-
section shall only be exercised to— 
‘‘(A) carry out of the policy of the United 
States in section 251 of the Americas Act and 
the purposes of the Unit in subsection (b); 
‘‘(B) mitigate risks to United States tax-
payers by sharing risks with the private sector 
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118 
and qualifying sovereign entities through co-fi-
nancing and structuring of tools; and 
‘‘(C) ensure that support provided under 
this section is additional to private sector re-
sources by mobilizing private capital that would 
otherwise not be deployed without such support. 
‘‘(2) CONSIDERATIONS.—In exercising the au-
thorities in this subsection, the Unit— 
‘‘(A) shall consider— 
‘‘(i) whether an activity will maximize 
the profits of the entity receiving support 
under this subsection; 
‘‘(ii) the potential return on invest-
ment of an activity; 
‘‘(iii) the sustainability of the eco-
nomic model of the entity receiving support 
under this subsection; 
‘‘(iv) any secondary economic impact 
of the activity and whether such impact 
will spur additional clusters of investment; 
‘‘(v) whether taxation can be used to 
generate revenue for public entities receiv-
ing support under this subsection; and 
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119 
‘‘(vi) the feasibility of economic suc-
cess for the entity receiving support under 
this subsection; and 
‘‘(B) may not consider external factors 
that will not impact the economic success of an 
activity. 
‘‘(3) GRANTS.— 
‘‘(A) 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 Act. 
‘‘(B) 
APPLICATION
REQUIREMENT.—A 
grant under this paragraph may be made only 
to a United States business, a for profit or not- 
for profit entity registered in an Americas part-
ner country, or a government of such a country 
(including a local government) that submits to 
the Unit an application at such time, in such 
manner, and containing or accompanied by 
such information as the Unit may reasonably 
require. 
‘‘(C) PRIORITY.—In approving applications 
under this paragraph, the Unit shall give pri-
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120 
ority to applications that demonstrate the devel-
opment of a private sector activity that will ad-
vance the economic objectives of the Unit de-
scribed in subsection (b). 
‘‘(D) APPROVAL LIMITS.—Under this para-
graph— 
‘‘(i) program managers may approve 
grants of not more than $4,999,999; 
‘‘(ii) the Deputy Chief may approve 
grants of not less than $5,000,000 and not 
more than $49,999,999; and 
‘‘(iii) the Deputy Assistant Secretary 
for the Americas Partnership may approve 
grants of not less than $50,000,000. 
‘‘(E) REPORTING.— 
‘‘(i) IN GENERAL.—The Unit shall— 
‘‘(I) use the e-governance frame-
work established under title I for 
management of and reporting on 
grants; and 
‘‘(II) protect all restricted per-
sonal information (as that term is de-
fined in section 119 of title 18, 
United States Code) collected under 
clause (ii). 
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121 
‘‘(ii) 
COLLECTION
OF
INFORMA-
TION.—The Corporation shall carry out 
clause (i) by collecting information with re-
spect to each such grant, including— 
‘‘(I) the beneficiary of the grant; 
‘‘(II) the amount; 
‘‘(III) the location of activities 
funded by the grant; 
‘‘(IV) a description of the activi-
ties funded by the grant; 
‘‘(V) a justification for approving 
the grant; 
‘‘(VI) the amount of funds pro-
vided for an activity by the beneficiary 
of the grant; 
‘‘(VII) a description of any other 
financial support from the Unit; 
‘‘(VIII) a description of how 
awarding the grant is anticipated to 
combat the influence of the People’s 
Republic of China in the Western 
Hemisphere; and 
‘‘(IX) a description of how the 
grant overlaps with any other finan-
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122 
cial support provided by persons other 
than the Unit. 
‘‘(4) LOANS AND GUARANTIES.— 
‘‘(A) IN GENERAL.—The Unit may make 
loans or guaranties in accordance with the 
guidelines in subparagraph (B) and upon such 
other terms and conditions as the Deputy As-
sistant Secretary for the Americas Partnership 
may determine. 
‘‘(B) GUIDELINES FOR THE ISSUANCE OF 
LOANS.— 
‘‘(i) APPROVAL
LIMITS.—Under this 
paragraph— 
‘‘(I) program managers may ap-
prove loans and guaranties of not 
more than $4,999,999; 
‘‘(II) the Deputy Chief may ap-
prove loans and guaranties of not less 
than $5,000,000 and not more than 
$49,999,999; and 
‘‘(III) the Deputy Assistant Sec-
retary for the Americas Partnership 
may approve loans and guaranties of 
not less than $50,000,000. 
‘‘(ii) LOAN AVAILABILITY.— 
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‘‘(I) IN
GENERAL.—Any loan 
made or guaranteed under this para-
graph may be issued to— 
‘‘(aa) a United States busi-
ness; 
‘‘(bb) a for-profit entity in 
an Americas partner country; or 
‘‘(cc) a government of an 
Americas partner country (in-
cluding a local government). 
‘‘(II) 
EXCEPTION.—Notwith-
standing subclause (I), a loan may be 
made or guaranteed by the Unit to a 
country that is not an Americas part-
ner country if the purpose of the loan 
is to support near-shoring of strategic 
supply chains under section 254 of 
the Americas Act. 
‘‘(III) LINES
OF
CREDIT.—The 
Unit may provide a line of credit of 
not more than $50,000,000 to a 
United States business that meets 
such requirements as the Deputy As-
sistant Secretary for the Americas 
Partnership may determine. 
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124 
‘‘(iii) INTEREST RATES.— 
‘‘(I) IN GENERAL.—A loan made 
or guaranteed under this paragraph 
may bear an interest rate lower than 
the rate for an equivalent loan avail-
able in the local market. 
‘‘(II) 
VARIABLE
INTEREST 
RATES.—For each loan made or guar-
anteed under this paragraph, the Sec-
retary of the Treasury shall make 
available to the Unit, at a variable in-
terest rate that is not less than zero 
percent, funds from the amounts au-
thorized under section 212(a)(2) of 
the Americas Act. 
‘‘(III) 
DEPOSITS
TO
TREAS-
URY.—For each direct loan made by 
the Unit to a covered entity, the Unit 
shall remit— 
‘‘(aa) any repayment on the 
principal amount, including the 
final repayment and liquidation 
of the loan, and any amount of 
interest required by the Secretary 
of the Treasury in accordance 
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125 
with subclause (II) to the Sec-
retary of the Treasury, who shall 
use such amounts to replenish 
the amounts authorized under 
section 212(a)(2) of the Americas 
Act; and 
‘‘(bb) any profit made from 
interest above the amount re-
quired by rate of interest estab-
lished by the Secretary of the 
Treasury under subclause (II) to 
the Secretary of the Treasury, 
who shall deposit such amounts 
into the Re-shoring and Near- 
shoring 
Account 
established 
under section 301 of the Amer-
icas Act. 
‘‘(iv) 
DENOMINATION.—Loans 
and 
guaranties made under this paragraph may 
be denominated and repayable in United 
States dollars or foreign currencies. For-
eign currency denominated loans and guar-
anties should only be provided if the Dep-
uty Assistant Secretary for the Americas 
Partnership determines there is a sub-
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126 
stantive policy rationale for such loans and 
guaranties. 
‘‘(v) GUARANTIES BY TREASURY.— 
‘‘(I) IN GENERAL.—For any loan 
under this paragraph, the Unit shall 
hold in an escrow account funds in an 
amount that is equal to 5 percent of 
the principal amount of the loan for 
the life of the loan or until the loan 
has been repaid. 
‘‘(II) SOURCE
OF
FUNDS.—The 
funds described in subclause (I) shall 
be taken from the Re-shoring and 
Near-shoring 
Account 
established 
under section 301 of the Americas 
Act. 
‘‘(vi) APPLICABILITY
OF
FEDERAL 
CREDIT REFORM ACT OF 1990.—Loans and 
guaranties issued under paragraph (1) 
shall be subject to the requirements of the 
Federal Credit Reform Act of 1990 (2 
U.S.C. 661 et seq.). 
‘‘(5) EQUITY INVESTMENTS.— 
‘‘(A) SENSE
OF
CONGRESS.—It is the 
sense of Congress that— 
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127 
‘‘(i) equity is essential, particularly 
with respect to transformational technology 
in the energy and technology sectors; and 
‘‘(ii) firms engaged in complex, ad-
vanced manufacturing production require 
greater capital and more time than non-
production firms. 
‘‘(B) IN GENERAL.—The Unit may, as an 
investor, support projects with funds or use 
other mechanisms for the purpose of pur-
chasing, and may make and fund commitments 
to purchase, invest in, make pledges in respect 
of, or otherwise acquire, equity or quasi-equity 
securities or shares or financial interests of any 
entity, including as a limited partner or other 
investor in investment funds, upon such terms 
and conditions as the Unit may determine. 
‘‘(C) FUNDING.— 
‘‘(i) IN GENERAL.—For the purpose 
of investments under subparagraph (B), 
the Unit shall use the amounts authorized 
under section 212(a)(2) of the Americas 
Act. 
‘‘(ii) ESCROW.—For any investment 
under this paragraph, the Unit shall hold 
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128 
in an escrow account funds, which shall be 
taken from the Re-shoring and Near-shor-
ing Account established under section 301 
of the Americas Act, in an amount that is 
equal to 5 percent of the amount of funds 
invested. 
‘‘(iii) LIQUIDATION.—Upon liquida-
tion of any investment, the unit shall 
remit— 
‘‘(I) the principal amount and 
any amount of interest required by 
the Secretary for the use of such prin-
cipal amount of such investment to 
the Secretary of the Treasury who 
shall use such amounts to replenish 
the amounts authorized under section 
212(a)(2) of the Americas Act; and 
‘‘(II) any profit gained from and 
the amount held in escrow in accord-
ance with clause (ii) for such invest-
ment to the Secretary of the Treasury 
who shall deposit such funds in the 
Re-Shoring and Near-Shoring Ac-
count established under section 301 of 
that Act. 
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129 
‘‘(D) LIMITATIONS
ON
EQUITY
INVEST-
MENTS.— 
‘‘(i) CONTRIBUTIONS BY PARTNERS.— 
Any investment made by the Unit under 
this paragraph shall be accompanied by an 
investment of not less than 51 percent by 
the United States business or entity or 
government of an Americas partner coun-
try. 
‘‘(ii) PER PROJECT LIMIT.—The ag-
gregate amount of equity investment by 
the Unit with respect to any project shall 
not exceed 49 percent. 
‘‘(6) JOINT INVESTMENT PARTNERSHIPS.— 
‘‘(A) IN GENERAL.—The Unit may enter 
into joint investment partnerships with inter-
national financial institutions or other similar 
institutions, including the World Bank and the 
Andean Development Corporation-Development 
Bank of Latin America. 
‘‘(B) LIMITATION.—Notwithstanding sub-
paragraph (A), the Unit may not enter into any 
partnership with any person, including any fi-
nancial institution, business, organization, or 
individual, that is headquartered in, has a prin-
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cipal place of business in, or is otherwise di-
rectly or indirectly owned or controlled by of 
the government of the Russian Federation, the 
People’s Republic of China, or any member 
country of the Bolivarian Alliance for the Peo-
ples of Our America (ALBA). 
‘‘(C) INTERNATIONAL FINANCIAL INSTITU-
TIONS DEFINED.—In this paragraph, the term 
‘international financial institutions’ has the 
meaning given that term in section 1701(c)(2) 
of the International Financial Institutions Act 
(22 U.S.C. 262r(c)(2)). 
‘‘(7) INSURANCE AND REINSURANCE.— 
‘‘(A) IN GENERAL.—In order to ensure the 
protection of the investments of United States 
businesses, in whole or in part, against any po-
litical risks, such as currency inconvertibility 
and transfer restrictions, expropriation, war, 
terrorism, civil disturbance, breach of contract, 
and nonhonoring of financial obligations, the 
Unit may issue to United States businesses that 
invest in Americas partner countries insurance 
or reinsurance— 
‘‘(i) upon such terms and conditions 
as the Unit may determine; and 
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131 
‘‘(ii) at 100 percent of the value of 
the insured investment. 
‘‘(B) ESCROW.—For any insurance or re-
insurance described in subparagraph (A), the 
Unit shall hold in an escrow account at a com-
mercial bank funds, which shall be taken from 
the Re-shoring and Near-shoring Account es-
tablished under section 301 of the Americas 
Act, in an amount that is equal to 5 percent of 
the insurance amount. 
‘‘(C) RATES.—Any insurance or reinsur-
ance described in subparagraph (A) may be 
issued at a lower rate than the lowest available 
rate for equivalent insurance or reinsurance in 
the local market.’’. 
SEC. 253. AMERICAS PARTNERSHIP ENTERPRISE FUND. 
(a) DESIGNATION.—The President, after consulta-
tion with the Speaker of the House of Representatives, 
the minority leader of the House of Representatives, the 
majority leader of the Senate, the minority leader of the 
Senate, the Secretary of State, the Secretary of Com-
merce, the Secretary of the Treasury, and the Adminis-
trator of the United States Agency for International De-
velopment, may designate a private, nonprofit organiza-
tion registered in an Americas partner country that is es-
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tablished to carry out the purposes set forth in subsection 
(b) as the ‘‘Americas Partnership Enterprise Fund’’ (re-
ferred to in this section as the ‘‘Fund’’). 
(b) PURPOSES.—The purposes of the Fund are— 
(1) to support the development of ecosystems 
for critical supply chains in the Americas partner 
countries; 
(2) to support the development of private sector 
responses to migration; 
(3) to promote near-shoring strategic industry 
and supply chains from the People’s Republic of 
China; and 
(4) to support policies and practices conducive 
to private sector development in Americas partner 
countries through loans, grants, equity investments, 
feasibility studies, technical assistance, training, in-
surance, guarantees, and other measures. 
(c) GOVERNANCE.— 
(1) BOARD OF DIRECTORS.— 
(A) IN GENERAL.—The Fund shall be gov-
erned by a Board of Directors, consisting of 3, 
4, or 5 individuals described in subparagraph 
(C). 
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(B) APPOINTMENTS.—Not later than 90 
days after the date of the enactment of this 
Act, the President shall— 
(i) appoint the initial members of the 
Board of Directors, subject to the advice 
and consent of the Senate; and 
(ii) submit the names of such ap-
pointees to the Chair and Ranking Member 
of the Subcommittee on International 
Trade, Customs, and Global Competitive-
ness of the Committee on Finance of the 
Senate. 
(C) QUALIFICATIONS.—Each member of 
the Board of Directors— 
(i) shall be a citizen of an Americas 
partner country; 
(ii) may not be closely affiliated with 
any government, civil society organization, 
academic institution, think tank, or any 
other not-for-profit entity; and 
(iii) shall have demonstrated experi-
ence and expertise in the areas of private 
sector development in which the Fund is to 
be involved. 
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134 
(D) TERM.—Each member of the Board of 
Directors shall serve for a term of 5 years. 
(E) CHAIRPERSON.—At its first meeting, 
the Board of Directors shall elect a Chair-
person, who may only serve in such position for 
a single term. 
(F) MEETINGS.—The Board of Directors 
shall meet not less frequently than quarterly. 
(G) APPOINTMENT OF EXECUTIVE DIREC-
TOR.—The Board of Directors shall unani-
mously appoint a qualified individual to serve as 
Executive Director of the Fund. The Executive 
Director shall be compensated at a rate equiva-
lent to level V of the Executive Schedule under 
section 5316 of title 5, United States Code. 
(H) VACANCIES.—If a vacancy occurs be-
fore the expiration of the term of a member of 
the Board of Directors, the President shall ap-
point an individual with the qualifications de-
scribed in subparagraph (C) to fill the remain-
der of such term, in the manner described in 
subparagraph (B). 
(2) STAFFING.— 
(A) IN
GENERAL.—The Fund shall hire 
sufficient host country nationals to staff the 
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central office to ensure that Fund resources are 
managed appropriately and to carry out the 
day-to-day operations of the central office, in-
cluding— 
(i) program managers, who— 
(I) shall head the core manage-
ment unit; 
(II) may approve program ex-
penditures of up to $150,000; and 
(III) shall be evaluated primarily 
on the success of their respective port-
folios; and 
(ii) additional support staff, provided 
that not more than 25 percent of the 
Fund’s annual expenditures are used for 
staffing and administration. 
(B) ETHICS
OFFICER.—The Fund shall 
have an ethics officer, who— 
(i) shall be responsible for oversight of 
the host country nationals; 
(ii) shall develop ethical standards for 
the management of the Fund; 
(iii) shall facilitate the mainstreaming 
of ethics with respect to the staff of the 
Fund; 
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136 
(iv) may evaluate individual activities, 
as needed; and 
(v) should develop standard invest-
ment procedures that do not affect the 
flexibility and speed of the investment ac-
tivities. 
(C) PARTNERS.—The Fund shall partner 
with local entities, wholly-owned subsidiaries, 
and other instruments, as appropriate, to carry 
out investment activities in Americas partner 
countries, under the supervision of the central 
office. 
(3) 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 Fund, 
other than a reasonable salary as compensation for 
services rendered. 
(d) ELIGIBLE PROGRAMS AND PROJECTS.— 
(1) DEFINED TERM.—In this subsection, the 
term ‘‘qualified private sector entity’’ means a busi-
ness organization that is duly registered in the 
United States or in an Americas partner country. 
(2) IN
GENERAL.—The Fund may provide 
grants, loans, technical assistance, goods, and serv-
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137 
ices to qualified private sector entities, in accordance 
with paragraphs (3) through (7), for programs and 
projects that are consistent with the purposes de-
scribed in subsection (b). 
(3) GRANTS.— 
(A) IN GENERAL.—The Fund shall estab-
lish a process for awarding grants to qualified 
private sector entities to carry out activities 
that are consistent with the purposes described 
in subsection (b). 
(B) SELECTION OF GRANTEES.—Not later 
than 20 working days after receiving an appli-
cation for a grant under this paragraph, the 
Fund shall complete its review and evaluation 
of the application, using anticipated return on 
investment as the sole criterion for determining 
whether a grant will be awarded to the appli-
cant. 
(4) LOANS.— 
(A) IN GENERAL.—The Fund shall estab-
lish a process for providing low-interest loans to 
qualified private sector entities to carry out ac-
tivities that are consistent with the purposes de-
scribed in subsection (b). Loans authorized 
under this paragraph may be offered in the 
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138 
form of equity if the Fund determines that such 
form is appropriate. 
(B) SELECTION OF LOAN RECIPIENTS.— 
Not later than 20 working days after receiving 
an application for a loan under this paragraph, 
the Fund shall complete its review and evalua-
tion of the application, using anticipated return 
on investment as the sole criterion for deter-
mining whether a loan will be awarded to the 
applicant. 
(C) PARTNERSHIPS
WITH
COMMERCIAL 
BANKS.—The Fund may enter into partner-
ships with commercial banks to manage loan 
portfolios under this paragraph. 
(5) TECHNICAL ASSISTANCE.— 
(A) IN GENERAL.—The Fund, with sup-
port from United States entities, such as the 
United States Trade and Development Agency 
and other agencies or offices based in the 
United States, may hire or contract with indi-
viduals and entities capable of providing tech-
nical assistance in support of the purposes de-
scribed in subsection (b). 
(B) SELECTION
OF
TECHNICAL
ASSIST-
ANCE RECIPIENTS.—Not later than 20 working 
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days after receiving an application for technical 
assistance under this paragraph, the Fund shall 
complete its review and evaluation of the appli-
cation, using anticipated return on investment 
as the sole criterion for determining whether 
the requested technical assistance will be 
awarded to the applicant. 
(C) ELIGIBLE
PARTNER
COUNTRIES.— 
Notwithstanding any other provision of law, the 
United States Trade and Development Agency 
may work in any Americas partner country re-
gardless of income status designation. 
(D) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There is authorized to be appropriated 
to the United States Trade and Development 
Agency $10,000,000, which shall be expended 
on activities related to partnership agreements 
entered into under section 201. 
(6) GOODS AND SERVICES.— 
(A) IN GENERAL.—The Fund may directly 
procure and deploy goods and services to the 
extent required to support the purposes de-
scribed in subsection (b). 
(B) SELECTION OF GOODS AND SERVICES 
RECIPIENTS.—Not later than 20 working days 
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140 
after receiving an application for goods or serv-
ices under this paragraph, the Fund shall com-
plete its review and evaluation of the applica-
tion, using anticipated return on investment as 
the sole criterion for determining whether the 
requested goods or services will be provided to 
the applicant. 
(7) GOVERNMENT SUPPORT.— 
(A) 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 (b). 
(B) SELECTION OF GOVERNMENT RECIPI-
ENTS.—Not later than 20 working days after 
receiving an application from a foreign govern-
ment for cash or in-kind goods or services 
under this paragraph, the Fund shall complete 
its review and evaluation of such application. 
(e) FUNDING.— 
(1) AUTHORIZATION.—During the first fiscal 
year beginning after the date of the enactment of 
this Act, the Fund shall receive $1,000,000,000 
from the Re-shoring and Near-shoring Account es-
tablished under section 301 for initial capitalization. 
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141 
The Fund may be recapitalized in accordance with 
paragraph (4). 
(2) FINANCIAL
INSTRUMENTS.—In order to 
maximize the resources available to carry out the ac-
tivities authorized under this Act, 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 Fund. 
(3) DISTRIBUTION
OF
RETURN
ON
INVEST-
MENTS.— 
(A) IN
GENERAL.—The Fund may dis-
tribute financial returns on Fund investments, 
include private venture capital, equity, or loan 
repayments, at such times and in such amounts 
as the Board of Directors may determine, to 
the central account of the Fund. 
(B) SENSE OF CONGRESS.—It is the sense 
of Congress that the return on investment de-
scribed in subparagraph (A) should— 
(i) recapitalize the central account of 
the Fund; 
(ii) guarantee the sustainability of the 
Fund; 
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142 
(iii) limit the need for additional ap-
propriations to the Fund; 
(iv) spur additional investment; 
(v) promote small and medium-sized 
enterprises; 
(vi) advance good governance and 
transparency; and 
(vii) promote job creation. 
(4) ADDITIONAL REVENUE.—After 80 percent 
of the initial capital in the Fund has been expended 
pursuant to paragraph (1), the Board of Directors 
may request additional capital for the Fund by— 
(A) submitting a request to the Re-shoring 
and Near-shoring Account that identifies the 
additional amount needed for the Fund; and 
(B) submitting a report to Congress that 
details the Fund’s activities and justifies the 
need for the additional capital. 
(5) NONAPPLICABILITY OF OTHER LAWS.—Not-
withstanding any other provision of law, amounts 
appropriated pursuant to this subsection may be 
made available to the Fund and used for the pur-
poses set forth in this section. 
(f) LIMITATIONS ON ASSISTANCE.— 
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143 
(1) MAJOR
EXPENDITURES.—The Fund may 
not provide any grant, loan, technical assistance, or 
government support valued in excess of $499,999 
unless the Board of Directors approves such action 
in advance. 
(2) RECORDKEEPING.—The Fund shall use the 
e-governance platform to maintain a database con-
taining relevant information, as established by the 
Secretary of Commerce, regarding activities of the 
Fund, which shall be accessible by any member of 
the Board of Directors at any time. 
(3) MINOR EXPENDITURES.—A member of the 
Board of Directors may not approve, deny, or influ-
ence the approval or denial of an expenditure by the 
Fund valued at less than $500,000 unless the Board 
of Directors determines that the individual author-
ized to approve or deny such expenditure, subject to 
the thresholds under this section, has engaged in 
independently verified malfeasance. 
(g) ANNUAL REPORTS.— 
(1) IN GENERAL.—The Fund shall submit an 
annual report to the Board of Directors that— 
(A) describes the status of the registration 
and management of the Fund; 
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144 
(B) identifies the activities undertaken by 
the Fund, disaggregated by activity type, coun-
try, and strategic sector; and 
(C) details the successes and failures of 
such activities. 
(2) CONGRESS.—The Board of Directors shall 
annually submit— 
(A) to Congress a copy of each report re-
ceived pursuant to paragraph (1); and 
(B) to the Committee on Finance of the 
Senate and the Committee on Ways and Means 
of the House of Representatives a chapter with-
in the comprehensive Department of Commerce 
report that identifies, for the reporting period— 
(i) the number of grants, loans, in-
stances of technical assistance, goods and 
services, and other Government support 
provided by the Fund; 
(ii) the repayment rates for the loans 
and other support referred to in clause (i); 
(iii) a summary of activities conducted 
by the Fund; 
(iv) the countries in which the Fund 
is conducting such activities; 
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145 
(v) success stories involving entities 
receiving assistance from the Fund; 
(vi) lessons learned from the activities 
conducted by the Fund; and 
(vii) any other information contained 
in other reports required under this Act 
that relates to the Fund. 
(h) AUDITS.— 
(1) IN GENERAL.—Not less frequently than an-
nually, the activities of the Fund shall be subject to 
an audit by an independent private entity selected by 
the Board of Directors. 
(2) REPORT.— 
(A) FINDINGS.—Each independent private 
entity referred to in paragraph (1) shall submit 
a report to the Board of Directors that contains 
the findings of the audit conducted pursuant to 
such paragraph. 
(B) PUBLIC
ACCESSIBILITY.—The Board 
of Directors shall post the report received pur-
suant to subparagraph (A) on the Fund’s pub-
licly accessible website. 
(i) DURATION.—The Fund shall remain operational 
indefinitely. Venture capital profits, equity, and loan inter-
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146 
est shall be returned to the central account of the Fund, 
with the goal that the Fund become self-sufficient. 
(j) NONAPPLICABILITY OF OTHER LAWS.—Notwith-
standing any other provision of law, executive branch 
agencies may conduct programs and activities and provide 
services in support of the activities of the Fund. 
SEC. 254. NEAR-SHORING OF STRATEGIC SUPPLY CHAINS. 
(a) STATEMENT OF POLICY.—It is the policy of the 
United States— 
(1) to advance United States national security 
goals and hemispheric foreign policy and develop-
ment 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 States, in particular 
with respect to supply chains based, as of the date 
of the enactment of this Act, in the People’s Repub-
lic of China; and 
(2) to reduce the influence of the People’s Re-
public of China in the Western Hemisphere. 
(b) IDENTIFICATION OF STRATEGIC SUPPLY CHAINS, 
PRODUCTS, AND ENTITIES.— 
(1) REPORT
REQUIRED.—Not later than 90 
days after the date of the enactment of this Act, and 
annually thereafter, the Secretary of State, through 
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147 
the Deputy Assistant Secretary of State for the 
Americas Partnership established under section 
203(c)(1), and in coordination with the United 
States Trade Representative, the Secretary of Com-
merce, and other appropriate officials, shall submit 
to Congress a report identifying— 
(A) supply chains identified under Execu-
tive Order 14017 (86 Fed. Reg. 11849; relating 
to America’s supply chains), as amended on or 
after the date of the enactment of this Act, lo-
cated in the Western Hemisphere (in this sec-
tion referred to as ‘‘strategic supply chains’’); 
(B) products produced by such supply 
chains; and 
(C) entities that are part of such supply 
chains. 
(2) OPPORTUNITIES FOR NEAR-SHORING.— 
(A) IN GENERAL.—The report required by 
paragraph (1) shall list opportunities for near- 
shoring of products within strategic supply 
chains and support for such near-shoring iden-
tified under subsection (c). 
(B) CONSULTATIONS.—In identifying op-
portunities for near-shoring under subpara-
graph (A), the Secretary— 
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148 
(i) shall consult with United States in-
dustry to obtain feasibility studies, viability 
plans, and letters of commitment relating 
to such opportunities; and 
(ii) may issue requests for information 
relating to such opportunities to determine 
the needs of industry with respect to near- 
shoring strategic supply chains. 
(3) WORK PLAN.—The report required by para-
graph (1) shall include a work plan setting forth a 
prioritization for the near-shoring of products within 
strategic supply chains, including the tools to be 
used and the authorities to be exercised in the imple-
mentation of such near-shoring as part of a special 
economic initiative under subsection (d). 
(c) IDENTIFICATION AND SUPPORT FOR NEAR-SHOR-
ING OF PRODUCTS IN STRATEGIC SUPPLY CHAINS.— 
(1) IN GENERAL.—The Secretary of Commerce, 
in consultation with the Secretary of State and the 
heads of other relevant Federal agencies— 
(A) shall, in partnership with industry and 
stakeholders, identify opportunities that would 
be appropriate for near-shoring; and 
(B) may provide funding to support such 
opportunities as provided in this title. 
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149 
(2) PREFERENCES.—In selecting among oppor-
tunities for near-shoring that will receive funding 
under paragraph (1), the Secretary of Commerce, in 
consultation with the Secretary of State and the 
heads of other relevant Federal agencies, shall give 
preference to opportunities for the near-shoring of 
products that— 
(A) have the support of the government of 
the country in which the production of the 
product will take place; and 
(B) can attract private investment. 
(3) PRODUCTION IN NON-AMERICAS PARTNER 
COUNTRIES.—The Secretary of Commerce may pro-
vide funding under this subsection to near-shore the 
production of a product identified under subsection 
(b)(1)(B) to a country that is not an Americas part-
ner country if the Secretary determines and certifies 
to Congress that there are no opportunities appro-
priate for re-shoring or near-shoring to Americas 
partner countries. 
(d) SPECIAL ECONOMIC INITIATIVE.— 
(1) IN GENERAL.—The President shall establish 
a special economic initiative for strategic supply 
chains, to be administered by the Department of 
Commerce, under which the tools described in the 
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provisions of and amendments made by this subtitle 
and subtitle D are made available to Americas part-
ner countries and such other countries as the Presi-
dent considers appropriate. 
(2) NOTIFICATION TO CONGRESS; PLAN.—Not 
less than 15 days before exercising the authority 
provided by paragraph (1) to establish a special eco-
nomic initiative with respect to a country, the Presi-
dent shall— 
(A) notify Congress of the intention of the 
President to exercise that authority; and 
(B) submit to Congress a plan for the ini-
tiative, which shall include a description of— 
(i) the sector involved; 
(ii) the projects involved; 
(iii) an analysis, including environ-
mental analysis, available with respect to 
the initiative; 
(iv) the agreement with the govern-
ment of the country with respect to the ini-
tiative; and 
(v) the cost of the initiative. 
(3) AUTHORITY
TO
ENTER
INTO
AGREE-
MENTS.—The President may enter into agreements 
using authorities of Federal agencies, including the 
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Department of State, the United States Agency for 
International Development, the Department of Com-
merce, the Department of Defense, the Department 
of Energy, the Department of Agriculture, the De-
partment of Health and Human Services, or any 
other authorities the President considers appro-
priate, to advance a special economic initiative under 
paragraph (1). 
(4) 
WAIVER
OF
COMPETITION
REQUIRE-
MENTS.— 
(A) IN
GENERAL.—The President may 
waive the requirements of title 41, United 
States Code, 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 eco-
nomic initiative under paragraph (1) if the eth-
ics officer of the agency seeking to enter into 
the contract evaluates the contract and the cer-
tifies that there are no conflicts of interest. 
(B) TIMING OF EVALUATION.—An ethics 
officer shall have not less than 20 business days 
to conduct an evaluation described in subpara-
graph (A). 
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152 
(5) ADDITIONAL SUPPORT FOR NEAR-SHORING 
UNDER SPECIAL ECONOMIC INITIATIVE.— 
(A) IN GENERAL.—The Secretary of Com-
merce, in coordination with the Secretary of 
State and the heads of other agencies that op-
erate under the foreign policy guidance of the 
Secretary of State, shall, as appropriate, 
prioritize and expedite the efforts of the De-
partment of Commerce, the Department of 
State, the Department of the Treasury, and 
such other agencies in supporting the efforts of 
the United States Government to incentivize 
near-shoring through financial and nonfinancial 
methods, including methods described in this 
subsection, and Americas partner countries to 
support near-shoring and increase investment in 
entities identified under subsection (b)(1)(C) 
by— 
(i) providing diplomatic, political, and 
economic support to such entities in Amer-
icas partner countries or other countries in 
the Western Hemisphere identified by the 
Secretary of Commerce as necessary; 
(ii) 
facilitating 
negotiations 
con-
cerning cross-border infrastructure, such 
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153 
as electric grids, ports, trains, or other in-
frastructure that crosses borders; 
(iii) providing technical and grant as-
sistance to enhance the regulatory and 
labor environments of Americas partner 
countries and other such other countries to 
facilitate United States business invest-
ments; and 
(iv) 
facilitating 
both 
early-stage 
project support and late-stage project sup-
port to such entities with respect to near- 
shoring. 
(B) EXPORT PROTECTION.— 
(i) IN GENERAL.—An entity identified 
under subparagraph (C) of subsection 
(b)(1) that receives assistance with re- 
shoring or near-shoring production of a 
product identified under subparagraph (B) 
of that subsection is eligible to receive ex-
port protection as described in clause (iii). 
(ii) REPORT
TO
DEPARTMENT
OF 
COMMERCE.—If the application of an enti-
ty submitted under clause (i) is approved, 
the entity shall submit to the Secretary of 
Commerce a report specifying the average 
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154 
production level of the product described in 
that clause in the United States for the 3 
calendar years preceding submission of the 
report. 
(iii) AMOUNT OF EXPORTS PROVIDED 
EXPORT PROTECTION.—If the quantity of 
production in the United States of a prod-
uct described in clause (i) exceeds the level 
specified under clause (ii), the quantity in 
excess of that level may be exported with-
out being subject to export controls or any 
other restrictions on exportation (subject 
to such exceptions as the President may 
declare are in the national security inter-
ests of the United States). 
(C) DEFINITIONS.—In this paragraph: 
(i) 
EARLY-STAGE
PROJECT
SUP-
PORT.—The term ‘‘early-stage project sup-
port’’ includes the following: 
(I) Feasibility studies. 
(II) Long-term strategic supply 
chain planning. 
(III) Resource evaluations. 
(IV) Project appraisal and cost-
ing. 
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155 
(V) Pilot projects. 
(VI) Commercial support, such 
as trade missions, reverse trade mis-
sions, 
technical 
workshops, 
inter-
national buyer programs, and inter-
national partner searchers to link sup-
pliers to projects. 
(VII) Technical assistance and 
other guidance to improve the local 
regulatory environment and market 
frameworks to encourage transparent 
competition. 
(ii) 
LATE-STAGE
PROJECT
SUP-
PORT.—The term ‘‘late-stage project sup-
port’’ includes support of the type provided 
by the BUILD Americas Unit. 
(6) SOURCE OF FUNDS.—Funding for a special 
economic initiative under paragraph (1) shall be 
taken from the Re-shoring and Near-shoring Ac-
count established under section 301. 
(e) REGULATORY ALIGNMENT.— 
(1) IN GENERAL.—The Secretary of Commerce, 
in coordination with the Americas Partnership busi-
ness advisory board established by the Americas 
Partnership Secretariat under section 202, and with 
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156 
support from appropriate officials of the United 
States Government, such as the Assistant United 
States Trade Representative for the Americas Part-
nership established under section 203(b) and the of-
ficial of the Trade and Development Agency with 
lead responsibility for the implementation of this 
title, shall begin a process of regulatory alignment 
with respect to supply chains and products identified 
under subsection (b)(1) with— 
(A) Americas partner countries; and 
(B) any other country that benefits from 
the near-shoring of the production of a product 
identified under subsection (b)(1)(B) to the 
country. 
(2) PRIORITIZATION OF PHARMACEUTICALS.— 
In carrying out the process described in paragraph 
(1), the Secretary shall begin with regulatory align-
ment with respect to pharmaceuticals. 
(3) REPORTS REQUIRED.—The Secretary shall 
submit to Congress and make available to the public 
reports on the success of efforts under paragraph 
(1) on a continuous basis. 
(f) UNITED STATES INTERNATIONAL DEVELOPMENT 
FINANCE CORPORATION.— 
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157 
(1) IN GENERAL.—For purposes of supporting 
near-shoring of strategic supply chains to Americas 
partner countries and such other countries as the 
President considers appropriate, the United States 
International Development Finance Corporation (in 
this subsection referred to as the ‘‘Corporation’’) 
may provide support under title II of the Better Uti-
lization of Investments Leading to Development Act 
of 2018 (22 U.S.C. 9621 et seq.) to countries with 
upper-middle-income 
economies 
or 
high-income 
economies (as those terms are defined by the World 
Bank) without regard to the limitation under section 
1412(c)(2) of that Act (22 U.S.C. 9612(c)(2)). 
(2) LIMITATIONS.—The Corporation shall re-
strict the provision of support to a country described 
in paragraph (1) unless— 
(A) the President certifies to the appro-
priate congressional committees (as defined in 
section 1402 of the Better Utilization of Invest-
ments Leading to Development Act of 2018 (22 
U.S.C. 9601)) that such support furthers the 
national economic or foreign policy interests of 
the United States; and 
(B) such support is— 
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158 
(i) designed to support the develop-
ment of strategic supply chains in coun-
tries other than the People’s Republic of 
China; or 
(ii) 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 infra-
structure in a country that is an ally or 
partner of the United States. 
(g) DUTIES AND SUBSIDIES.—An entity organized 
under the laws of an Americas partner country or another 
country, as the President considers appropriate, that is 
part of a strategic supply chain shall be treated not less 
favorably than a United States person with respect to du-
ties, subsidies, and other related issues. 
(h) MILLENNIUM CHALLENGE CORPORATION.—The 
Millennium Challenge Corporation may provide assistance 
under the Millennium Challenge Act of 2003 (22 U.S.C. 
7701 et seq.) to an Americas partner country or another 
country, as the President considers appropriate, for pur-
poses of supporting the near-shoring of strategic supply 
chains without regard to— 
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159 
(1) any requirement of that Act relating to 
competitive procedures; or 
(2) the requirement to enter into a Compact 
under section 609 of that Act (22 U.S.C. 7708). 
(i) TRADE
AND
DEVELOPMENT
AGENCY.—The 
Trade and Development Agency may provide assistance 
under the section 661 of the Foreign Assistance Act of 
1961 (22 U.S.C. 2421) to all Americas partner countries, 
without regard to the limitation under subsection (a) of 
that section, for purposes of supporting the near-shoring 
of strategic supply chains. 
(j) TECHNICAL ASSISTANCE.—The United States 
Agency for International Development, the Corporation, 
the Trade and Development Agency, and other relevant 
agencies shall provide technical assistance with respect to 
the near-shoring of strategic supply chains. 
SEC. 255. TRANSFORMATIONAL ENERGY DEVELOPMENT. 
(a) CHIEF ENERGY OFFICER.—The BUILD Act of 
2018 (22 U.S.C. 9601 et seq.) is amended— 
(1) in section 1402— 
(A) by redesignating paragraphs (3) and 
(4) as paragraphs (5) and (6), respectively; 
(B) by redesignating paragraph (2) as 
paragraph (3); 
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160 
(C) by inserting after paragraph (1) the 
following: 
‘‘(2) EARLY-STAGE
PROJECT
TECHNICAL
AS-
SISTANCE.—The term ‘early-stage project technical 
assistance’ includes— 
‘‘(A) feasibility studies; 
‘‘(B) resource evaluations; 
‘‘(C) project appraisal and costing; 
‘‘(D) pilot projects; 
‘‘(E) commercial support, such as trade 
missions, reverse trade missions, technical 
workshops, international buyer projects, and 
international partner searchers to link supplies 
to projects; 
‘‘(F) technical assistance and other guid-
ance to improve the local regulatory environ-
ment and market frameworks to encourage 
transparent competition and enhance energy se-
curity; and 
‘‘(G) long-term energy sector planning.’’; 
(D) by inserting after paragraph (3) (as so 
redesignated) the following: 
‘‘(4) MULTILATERAL DEVELOPMENT BANKS.— 
The term ‘multilateral development banks’ has the 
meaning given that term in section 1701(c) of the 
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161 
International Financial Institutions Act (22 U.S.C. 
262r(c)).’’; and 
(E) by adding at the end the following: 
‘‘(7) 
TRANSFORMATIONAL
ENERGY
TECH-
NOLOGY.—The term ‘transformational energy tech-
nology’ means— 
‘‘(A) renewable energy systems; 
‘‘(B) hydrogen fuel cell technology for resi-
dential, energy, industrial, or transportation ap-
plications; 
‘‘(C) advanced nuclear energy facilities; 
‘‘(D) carbon capture, utilization, and se-
questration technologies; 
‘‘(E) efficient electrical generation, trans-
mission, and distribution technologies; 
‘‘(F) pollution control equipment; 
‘‘(G) energy storage technologies for resi-
dential, industrial, and transportation applica-
tions; 
‘‘(H) technologies and systems for reduc-
ing potent greenhouse gas pollutants, including 
methane leakage from natural gas transmission 
and distribution infrastructure; 
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162 
‘‘(I) manufacturing and deployment of nu-
clear supply components for advanced nuclear 
reactors; 
‘‘(J) system-level energy management solu-
tions; 
‘‘(K) application of platform technologies, 
including data analytics, artificial intelligence, 
and other software to improve the energy effi-
ciency and effectiveness of energy infrastruc-
ture, including electric grid operation; 
‘‘(L) energy-water use efficiency in water 
resources infrastructure and water-using tech-
nologies; 
‘‘(M) carbon capture ready combined cycle 
natural gas generation facilities; 
‘‘(N) carbon capture ready supercritical or 
ultra-supercritical coal generation facilities; 
‘‘(O) innovative technologies for improving 
the resilience or reliability of existing energy in-
frastructure, including innovative approaches to 
improve the cybersecurity of energy tech-
nologies; 
‘‘(P) innovative technologies for reducing 
greenhouse emissions from industrial processes; 
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163 
‘‘(Q) technologies used in the sourcing or 
processing of critical minerals; 
‘‘(R) technologies used in the gasification 
or transport of natural gas, carbon dioxide, or 
hydrogen; and 
‘‘(S) any other technology, including recy-
cled, reused, refurbished, any repurposed tech-
nology, to support innovative energy tech-
nologies or provide an input or application for 
such technologies.’’; 
(2) in section 1413— 
(A) in subsection (a), by inserting ‘‘a Chief 
Energy Office,’’ after ‘‘a Chief Development Of-
ficer,’’; and 
(B) by adding at the end the following: 
‘‘(j) CHIEF ENERGY OFFICER.— 
‘‘(1) APPOINTMENT.—Subject to the approval 
of the Board, the Chief Executive Officer of the Cor-
poration, with the concurrence of the Administrator 
of the United States Agency for International Devel-
opment, shall appoint a Chief Energy Officer from 
among individuals with experience in energy develop-
ment. 
‘‘(2) DUTIES.—The Chief Energy Officer 
shall— 
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164 
‘‘(A) 
promote 
the 
export 
of 
trans-
formational energy technology to be used in the 
development, production, and distribution of en-
ergy resources, critical minerals, and energy ef-
ficiency and energy storage equipment; 
‘‘(B) to the maximum extent practicable, 
seek to identify development opportunities and 
engage in early-stage project technical assist-
ance to promote transformational energy tech-
nology projects; and 
‘‘(C) using broad criteria, make efforts to 
ensure that the proportion of projects for which 
the Corporation provides support that are 
transformational energy technology projects 
is— 
‘‘(i) not less than 30 percent of each 
form of support provided by the Corpora-
tion; and 
‘‘(ii) not less than 30 percent of the 
total support provided by the Corporation 
for projects sponsored by or involving pri-
vate sector entities that are United States 
persons. 
‘‘(3) REPORTS REQUIRED.— 
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165 
‘‘(A) ANNUAL REPORT.—Not later than 1 
year after the date of the enactment of this 
subsection, and annually thereafter, the Chief 
Energy Officer shall submit to the appropriate 
congressional committees a report on trans-
formational energy technology projects that in-
cludes a description of— 
‘‘(i) the development of such projects; 
‘‘(ii) such projects under consideration 
for support by the Corporation; 
‘‘(iii) coordination with other Federal 
agencies and with multilateral development 
banks with respect to such projects; 
‘‘(iv) actions taken to identify oppor-
tunities for such projects and provide 
early-stage project technical assistance for 
such projects; and 
‘‘(v) competition from multilateral de-
velopment banks with respect to support 
for such projects. 
‘‘(B) ENERGY
DEVELOPMENT
REPORT.— 
Not later than 30 days following the close of 
each fiscal quarter, the Chief Energy Officer 
shall update the Joint Energy Export, Develop-
ment, and Trade Database established under 
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166 
section 255(d) of the Americas Act with infor-
mation relevant to the international finance of 
energy generation and associated infrastructure 
as determined by the Deputy Assistant Sec-
retary for the Americas Partnership.’’; and 
(3) in title V, by adding at the end the fol-
lowing: 
‘‘SEC. 1455. ENERGY FINANCING CONSIDERATIONS. 
‘‘(a) EXCEPTION
FOR LESS DEVELOPED COUN-
TRIES.—Notwithstanding section 1412(c), if the Corpora-
tion determines that a project to be carried out in a coun-
try that is not a less developed country and is under con-
sideration for support from the Corporation may receive 
financing from the Government of the Russian Federation 
or the Government of the People’s Republic of China, the 
Corporation may dedicate not more than 20 percent of the 
funds available to provide support for transformational en-
ergy technology projects to such country. 
‘‘(b) SUBSTITUTION EFFECT CONSIDERATION.—In 
any environmental assessment for a transformational en-
ergy technology project under consideration for support 
provided by the Corporation, the Chief Energy Officer 
shall consider— 
‘‘(1) whether the project is under consideration 
for support from another country with— 
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167 
‘‘(A) greater emission intensity than the 
United States; or 
‘‘(B) less stringent environmental stand-
ards than the United States; and 
‘‘(2) the environmental impacts that would 
occur if— 
‘‘(A) the Corporation declined to provide 
support; and 
‘‘(B) a country with greater emission in-
tensity or less stringent environmental stand-
ards than the United States provided financing 
to develop the project. 
‘‘(c) PUBLICATION OF TERMS.—Not later than 18 
months after the commencement of construction on a 
transformational energy technology project, the Chief En-
ergy Officer shall make publicly available the terms of the 
contract for the project.’’. 
(b) OFFICE OF ENERGY.—Section 2(b)(1) of the Ex-
port-Import Bank Act of 1945 (12 U.S.C. 635(b)(1)) is 
amended— 
(1) by striking subparagraph (C) and inserting 
the following: 
‘‘(C) OFFICE OF ENERGY.— 
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168 
‘‘(i) ESTABLISHMENT.—There shall be in the 
Bank the Office of Energy (referred to in this sub-
paragraph as the ‘Office’). 
‘‘(ii) PURPOSE.—The purpose of the Office 
shall be to promote the export of goods and services 
to be used in the development, production, and dis-
tribution of eligible technologies. 
‘‘(iii) EARLY-STAGE
PROJECT
TECHNICAL
AS-
SISTANCE.—The Office shall provide, to the max-
imum extent practicable, early-stage project tech-
nical assistance to promote eligible technologies. 
‘‘(iv) REPORTS REQUIRED.— 
‘‘(I) ANNUAL REPORT.—Not later than 1 
year after the date of the enactment of the 
Americas Act, and annually thereafter, the Of-
fice shall submit to the appropriate congres-
sional committees a report on— 
‘‘(aa) the development of projects for 
the export of goods and services to be used 
in the development, production, and dis-
tribution of eligible technologies; 
‘‘(bb) such projects under consider-
ation for support by the Bank; 
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169 
‘‘(cc) coordination with other Federal 
agencies and with multilateral development 
banks with respect to such projects; 
‘‘(dd) actions taken to identify oppor-
tunities for such projects and provide 
early-stage project technical assistance for 
such projects; and 
‘‘(ee) competition from multilateral 
development banks with respect to support 
for projects. 
‘‘(II) ENERGY DEVELOPMENT REPORT.— 
Not later than 30 days following the close of 
each fiscal quarter, the Office shall update the 
Joint Energy Export, Development, and Trade 
Database established under section 255(d) 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 Amer-
icas Partnership. 
‘‘(v) CONTENT POLICY ADJUSTMENTS.— 
‘‘(I) IN GENERAL.—The Bank may guar-
antee or insure not more than 100 percent of 
a contract for the export of goods and services 
to be used in the development, production, and 
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170 
distribution of eligible technologies if not less 
than 50 percent of the goods and services to be 
exported under the contract are goods and serv-
ices that originated or were produced in the 
United States. 
‘‘(II) ADJUSTMENT
FOR
LOCAL
GOODS 
AND SERVICES.—In the case of a project de-
scribed in subclause (I), 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 50 per-
cent of the value of goods and services exported 
from the United States under the contract. 
‘‘(vi) TARGET.— It shall be a goal of the Bank 
to ensure that not less than 30 percent of the appli-
cable amount (as defined in section 6(a)(2)) is made 
available each fiscal year for the financing of exports 
of goods and services to be used in the development, 
production, and distribution of eligible technologies. 
‘‘(vii) 
SUBSTITUTION
EFFECT
CONSIDER-
ATION.—In any environmental assessment for a 
project for the export of goods and services to be 
used in the development, production, and distribu-
tion of eligible technologies under consideration for 
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