2104 
‘‘(A) IN
GENERAL.—Not later than 24 
months after the date of the enactment of this 
subsection, the Secretary shall establish the Of-
fice of Education Technology under the Assist-
ant Secretary for Indian Affairs to be adminis-
tered by the Deputy Assistant Secretary of In-
dian Affairs (Management). 
‘‘(B) CAPACITY AND COORDINATION.—Not 
later than 36 months after the date of the en-
actment of this subsection, the Office of the As-
sistant Secretary of Indian Affairs shall coordi-
nate with the Bureau of Indian Education Di-
rector to ensure consistent and timely coordina-
tion for the Office of Education Technology to 
be at full capacity. 
‘‘(C) TRANSFER.—Not later than 37 
months after the date of the enactment of this 
subsection, the Deputy Assistant Secretary of 
Indian Affairs (Management), the Secretary (in 
consultation with the Chief Information Officer 
for the Department of the Interior), the Assist-
ant Secretary for Indian Affairs, and the Direc-
tor of the Bureau of Indian Education shall 
transfer the Office of Educational Technology 
to the Bureau of Indian Education.
2105 
‘‘(2) PURPOSE.—The Office of Education Tech-
nology shall ensure that the Bureau of Indian Edu-
cation has the necessary education technology sup-
port to improve educational outcomes. 
‘‘(3) DUTIES.—The Office of Education Tech-
nology shall— 
‘‘(A) manage the procurement, distribu-
tion, and updates for information technology 
and related equipment; 
‘‘(B) plan, coordinate, and implement poli-
cies related to information technology and re-
lated equipment; 
‘‘(C) provide technical assistance for the 
agency school boards, Bureau of Indian Edu-
cation Funded Schools, and early childhood 
services; and 
‘‘(D) coordinate education technology pro-
grams and activities for the Bureau of Indian 
Education. 
‘‘(d) IMPLEMENTATION
OF
EDUCATION
TECH-
NOLOGY MODERNIZATION SYSTEMS.— 
‘‘(1) NEEDS ASSESSMENT.—Not later than 2 
years after the date of the enactment of this sub-
section, the Office of the Assistant Secretary for In-
dian Affairs and the Bureau of Indian Education
2106 
shall complete a needs assessment of education tech-
nology for Bureau of Indian Education Funded 
Schools. 
‘‘(2) IMPLEMENTATION.—Not later than 3 
years after the date of the enactment of this sub-
section, the Secretary shall complete the implemen-
tation of a long-term modernization plan and report 
progress updates for Bureau of Indian Education 
Funded Schools. 
‘‘(e) REPORTING.—Not later than 3 years after the 
date of the enactment of this subsection, and each fiscal 
year thereafter, the Secretary shall submit to the Com-
mittee on Natural Resources and Committee on Education 
and Labor of the House of Representatives and the Com-
mittee on Indian Affairs of the Senate, a report that con-
tains— 
‘‘(1) a yearly evaluation of the implementation 
of this Act, including a description of the progress 
of the Office of Information Technology in carrying 
out the activities described in subsection (c)(3); and 
‘‘(2) such other information the Director of the 
Bureau of Indian Education, in coordination with 
the Assistant Secretary for Indian Affairs deems 
necessary. 
‘‘(f) DEFINITIONS.—In this section:
2107 
‘‘(1) BUREAU OF INDIAN EDUCATION FUNDED 
SCHOOLS.—The term ‘Bureau of Indian Education 
Funded Schools’ means Bureau of Indian Education 
operated schools, schools operated pursuant to a 
grant under the Tribally Controlled Schools Act of 
1988 (25 U.S.C. 2501 et seq.), and schools operated 
pursuant to a contract under the Indian Self-Deter-
mination and Education Assistance Act (25 U.S.C. 
5301 et seq.). 
‘‘(2) OFFICE OF EDUCATION TECHNOLOGY.— 
The term ‘Office of Education Technology’ means 
the Office of Education Technology supporting the 
Bureau of Indian Education established under this 
subsection.’’. 
TITLE 
XV—PUBLIC 
LAND 
RE-
NEWABLE ENERGY DEVELOP-
MENT ACT 
SEC. 71501. DEFINITIONS. 
In this title: 
(1) COVERED LAND.—The term ‘‘covered land’’ 
means land that is— 
(A) Federal lands administered by the Sec-
retary; and 
(B) not excluded from the development of 
geothermal, solar, or wind energy under—
2108 
(i) a land use plan; or 
(ii) other Federal law. 
(2) EXCLUSION
AREA.—The term ‘‘exclusion 
area’’ means covered land that is identified by the 
Bureau of Land Management as not suitable for de-
velopment of renewable energy projects. 
(3) FEDERAL LAND.—The term ‘‘Federal land’’ 
means— 
(A) public lands; and 
(B) lands of the National Forest System 
as described in section 11(a) of the Forest and 
Rangeland Renewable Resources Planning Act 
of 1974 (16 U.S.C. 1609(a)). 
(4) FUND.—The term ‘‘Fund’’ means the Re-
newable Energy Resource Conservation Fund estab-
lished by section 71504(c)(1). 
(5) LAND
USE
PLAN.—The term ‘‘land use 
plan’’ means— 
(A) in regard to Federal land, a land use 
plan established under the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1701 
et seq.); and 
(B) in regard to National Forest System 
lands, a land management plan approved, 
amended, or revised under section 6 of the For-
2109 
est and Rangeland Renewable Resources Plan-
ning Act of 1974 (16 U.S.C. 1604). 
(6) PRIORITY AREA.—The term ‘‘priority area’’ 
means covered land identified by the land use plan-
ning process of the Bureau of Land Management as 
being a preferred location for a renewable energy 
project, including a designated leasing area (as de-
fined in section 2801.5(b) of title 43, Code of Fed-
eral Regulations (or a successor regulation)) that is 
identified under the rule of the Bureau of Land 
Management 
entitled 
‘‘Competitive 
Processes, 
Terms, and Conditions for Leasing Public Lands for 
Solar and Wind Energy Development and Technical 
Changes and Corrections’’ (81 Fed. Reg. 92122 
(December 19, 2016)) (or a successor regulation). 
(7) PUBLIC LANDS.—The term ‘‘public lands’’ 
has the meaning given that term in section 103 of 
the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1702). 
(8) RENEWABLE ENERGY PROJECT.—The term 
‘‘renewable energy project’’ means a project carried 
out on covered land that uses wind, solar, or geo-
thermal energy to generate energy. 
(9) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior.
2110 
(10) VARIANCE
AREA.—The term ‘‘variance 
area’’ means covered land that is— 
(A) not an exclusion area; 
(B) not a priority area; and 
(C) identified by the Secretary as poten-
tially available for renewable energy develop-
ment and could be approved without a plan 
amendment, consistent with the principles of 
multiple use (as defined in the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 
1701 et seq.)). 
SEC. 71502. LAND USE PLANNING; UPDATES TO PRO-
GRAMMATIC 
ENVIRONMENTAL 
IMPACT 
STATEMENTS. 
(a) PRIORITY AREAS.— 
(1) IN GENERAL.—The Secretary, in consulta-
tion with the Secretary of Energy, shall establish 
priority areas on covered land for geothermal, solar, 
and wind energy projects, consistent with the prin-
ciples of multiple use (as defined in the Federal 
Land Policy and Management Act of 1976 (43 
U.S.C. 1701 et seq.)) and the renewable energy per-
mitting goal enacted by the Consolidated Appropria-
tions Act of 2021 (Public Law 116–260). Among 
applications for a given renewable energy source,
2111 
proposed projects located in priority areas for that 
renewable energy source shall— 
(A) be given the highest priority for 
incentivizing deployment thereon; and 
(B) be offered the opportunity to partici-
pate in any regional mitigation plan developed 
for the relevant priority areas. 
(2) ESTABLISHING PRIORITY AREAS.— 
(A) GEOTHERMAL
ENERGY.—For geo-
thermal energy, the Secretary shall establish 
priority areas as soon as practicable, but not 
later than 5 years, after the date of the enact-
ment of this Act. 
(B) SOLAR ENERGY.—For solar energy— 
(i) solar designated leasing areas (in-
cluding the solar energy zones established 
by Bureau of Land Management Solar En-
ergy Program, established in October 
2012), and any subsequent land use plan 
amendments, shall be considered to be pri-
ority areas for solar energy projects; and 
(ii) the Secretary shall complete a 
process to consider establishing additional 
solar priority areas as soon as practicable,
2112 
but not later than 3 years, after the date 
of the enactment of this Act. 
(C) WIND ENERGY.—For wind energy, the 
Secretary shall complete a process to consider 
establishing additional wind priority areas as 
soon as practicable, but not later than 3 years, 
after the date of the enactment of this Act. 
(b) VARIANCE AREAS.—Variance areas shall be con-
sidered for renewable energy project development, con-
sistent with the principles of multiple use (as defined in 
the Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1701 et seq.)) and the renewable energy per-
mitting goal enacted by the Consolidated Appropriations 
Act of 2021 (Public Law 116–260), and applications for 
a given renewable energy source located in those variance 
areas shall be timely processed in order to assist in meet-
ing that goal. 
(c) REVIEW AND MODIFICATION.— 
(1) IN GENERAL.—Not less than once every 10 
years, the Secretary shall— 
(A) review the adequacy of land allocations 
for geothermal, solar, and wind energy priority, 
exclusion, and variance areas for the purpose of 
encouraging and facilitating new renewable en-
ergy development opportunities; and
2113 
(B) based on the review carried out under 
subparagraph (A), add, modify, or eliminate 
priority, variance, and exclusion areas. 
(2) EXCEPTION.—Paragraph (1) shall not 
apply to the renewable energy land use planning 
published in the Desert Renewable Energy Con-
servation Plan developed by the California Energy 
Commission, the California Department of Fish and 
Wildlife, the Bureau of Land Management, and the 
United States Fish and Wildlife Service until Janu-
ary 1, 2031. 
(d) COMPLIANCE WITH THE NATIONAL ENVIRON-
MENTAL POLICY ACT.—For purposes of this section, com-
pliance with the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) shall be accomplished— 
(1) for geothermal energy, by updating the doc-
ument entitled ‘‘Final Programmatic Environmental 
Impact Statement for Geothermal Leasing in the 
Western United States’’, dated October 2008, and 
incorporating any additional regional analyses that 
have been completed by Federal agencies since that 
programmatic environmental impact statement was 
finalized; 
(2) for solar energy, by updating the document 
entitled ‘‘Final Programmatic Environmental Impact
2114 
Statement (PEIS) for Solar Energy Development in 
Six Southwestern States’’, dated July 2012, and in-
corporating any additional regional analyses that 
have been completed by Federal agencies since that 
programmatic environmental impact statement was 
finalized; and 
(3) for wind energy, by updating the document 
entitled ‘‘Final Programmatic Environmental Impact 
Statement on Wind Energy Development on BLM– 
Administered Lands in the Western United States’’, 
dated July 2005, and incorporating any additional 
regional analyses that have been completed by Fed-
eral agencies since the programmatic environmental 
impact statement was finalized. 
(e) NO EFFECT ON PROCESSING SITE SPECIFIC AP-
PLICATIONS.—Site specific environmental review and 
processing of permits for proposed projects shall proceed 
during preparation of an updated programmatic environ-
mental impact statement, resource management plan, or 
resource management plan amendment. 
(f) COORDINATION.—In developing updates required 
by this section, the Secretary shall coordinate, on an ongo-
ing basis, with appropriate State, Tribal, and local govern-
ments, transmission infrastructure owners and operators,
2115 
developers, and other appropriate entities to ensure that 
priority areas identified by the Secretary are— 
(1) economically viable (including having access 
to existing and planned transmission lines); 
(2) likely to avoid or minimize impacts to habi-
tat for animals and plants, recreation, cultural re-
sources, and other uses of covered land; and 
(3) consistent with section 202 of the Federal 
Land Policy and Management Act of 1976 (43 
U.S.C. 1712), including subsection (c)(9) of that 
section (43 U.S.C. 1712(c)(9)). 
SEC. 71503. LIMITED GRANDFATHERING. 
(a) DEFINITION OF PROJECT.—In this section, the 
term ‘‘project’’ means a system described in section 
2801.9(a)(4) of title 43, Code of Federal Regulations (as 
in effect on the date of the enactment of this Act). 
(b) REQUIREMENT TO PAY RENTS AND FEES.—Un-
less otherwise agreed to by the owner of a project, the 
owner of a project that applied for a right-of-way under 
section 501 of the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1761) on or before December 19, 
2017, shall be obligated to pay with respect to the right- 
of-way all rents and fees in effect before the effective date 
of the rule of the Bureau of Land Management entitled 
‘‘Competitive Processes, Terms, and Conditions for Leas-
2116 
ing Public Lands for Solar and Wind Energy Development 
and Technical Changes and Corrections’’ (81 Fed. Reg. 
92122 (December 19, 2016)). 
SEC. 71504. DISPOSITION OF REVENUES. 
(a) DISPOSITION OF REVENUES.— 
(1) AVAILABILITY.—Subject to future appro-
priations, and except as provided in paragraph (2), 
beginning on January 1, 2023, amounts collected 
from a wind or solar project as bonus bids, rentals, 
fees, or other payments under a right-of-way, per-
mit, lease, or other authorization, are authorized to 
be made available as follows: 
(A) Twenty-five percent shall be paid by 
the Secretary of the Treasury to the State with-
in the boundaries of which the revenue is de-
rived. 
(B) Twenty-five percent shall be paid by 
the Secretary of the Treasury to the one or 
more counties within the boundaries of which 
the revenue is derived, to be allocated among 
the counties based on the percentage of land 
from which the revenue is derived. 
(C) Twenty-five percent shall be deposited 
in the Treasury and be made available to the 
Secretary to carry out the program established
2117 
under this title, including the transfer of the 
funds by the Bureau of Land Management to 
other Federal agencies and State agencies to fa-
cilitate the processing of renewable energy per-
mits on Federal land, with priority given to 
using the amounts, to the maximum extent 
practicable without detrimental impacts to 
emerging markets, to expediting the issuance of 
permits required for the development of renew-
able energy projects in the States from which 
the revenues are derived. 
(D) Twenty-five percent shall be deposited 
in the Renewable Energy Resource Conserva-
tion Fund established by subsection (c). 
(2) EXCEPTIONS.—Paragraph (1) shall not 
apply to the following: 
(A) 
Amounts 
collected 
under 
section 
504(g) of the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1764(g)). 
(B) Amounts deposited into the National 
Parks and Public Land Legacy Restoration 
Fund under section 200402(b) of title 54, 
United States Code. 
(b) PAYMENTS TO STATES AND COUNTIES.—
2118 
(1) IN GENERAL.—Amounts paid to States and 
counties under subsection (a)(1) shall be used con-
sistent with section 35 of the Mineral Leasing Act 
(30 U.S.C. 191). 
(2) PAYMENTS IN LIEU OF TAXES.—A payment 
to a county under paragraph (1) shall be in addition 
to a payment in lieu of taxes received by the county 
under chapter 69 of title 31, United States Code. 
(c) RENEWABLE ENERGY RESOURCE CONSERVATION 
FUND.— 
(1) IN GENERAL.—There is established in the 
Treasury a fund to be known as the Renewable En-
ergy Resource Conservation Fund, which shall be 
administered by the Secretary, in consultation with 
the Secretary of Agriculture. 
(2) USE OF FUNDS.—The Secretary may make 
amounts in the Fund available to Federal, State, 
local, and Tribal agencies to be distributed in re-
gions in which renewable energy projects are located 
on Federal land. Such amounts may be used to— 
(A) restore and protect— 
(i) fish and wildlife habitat for af-
fected species; 
(ii) fish and wildlife corridors for af-
fected species; and
2119 
(iii) wetlands, streams, rivers, and 
other natural water bodies in areas af-
fected by wind, geothermal, or solar energy 
development; and 
(B) preserve and improve recreational ac-
cess to Federal land and water in an affected 
region through an easement, right-of-way, or 
other instrument from willing landowners for 
the purpose of enhancing public access to exist-
ing Federal land and water that is inaccessible 
or restricted. 
(3) PARTNERSHIPS.—The Secretary may enter 
into cooperative agreements with State and Tribal 
agencies, nonprofit organizations, and other appro-
priate entities to carry out the activities described in 
paragraph (2). 
(4) INVESTMENT OF FUND.— 
(A) IN GENERAL.—Amounts deposited in 
the Fund shall earn interest in an amount de-
termined by the Secretary of the Treasury on 
the basis of the current average market yield on 
outstanding marketable obligations of the 
United States of comparable maturities.
2120 
(B) USE.—Interest earned under subpara-
graph (A) may be expended in accordance with 
this subsection. 
(5) REPORT TO CONGRESS.—At the end of each 
fiscal year, the Secretary shall submit a report to 
the Committee on Natural Resources of the House 
of Representatives and the Committee on Energy 
and Natural Resources of the Senate that includes 
a description of— 
(A) the amount collected as described in 
subsection (a), by source, during that fiscal 
year; 
(B) the amount and purpose of payments 
during that fiscal year to each Federal, State, 
local, and Tribal agency under paragraph (2); 
and 
(C) the amount remaining in the Fund at 
the end of the fiscal year. 
(6) INTENT OF CONGRESS.—It is the intent of 
Congress that the revenues deposited and used in 
the Fund shall supplement (and not supplant) an-
nual appropriations for activities described in para-
graph (2).
2121 
SEC. 71505. SAVINGS. 
Notwithstanding any other provision of this title, the 
Secretary shall continue to manage public lands under the 
principles of multiple use and sustained yield in accord-
ance with title I of the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1701 et seq.) or the Forest 
and Rangeland Renewable Resources Planning Act of 
1974 (43 U.S.C. 1701 et seq.), as applicable, including 
due consideration of mineral and nonrenewable energy-re-
lated projects and other nonrenewable energy uses, for the 
purposes of land use planning, permit processing, and con-
ducting environmental reviews. 
TITLE 
XVI—INCREASING 
COM-
MUNITY ACCESS TO RESIL-
IENCY GRANTS 
SEC. 
71601. 
CENTRALIZED 
WEBSITE 
FOR 
RESILIENCY 
GRANTS. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this subsection, the Administrator 
shall establish and regularly update a publicly available 
website that includes— 
(1) hyperlinks to all grants administered by the 
National Oceanic and Atmospheric Administration 
and hyperlinks to other Federal agencies that offer 
similar grants to assist State, Tribal, and local gov-
2122 
ernments with resiliency, adaptation, and mitigation 
of climate change and sea level rise; and 
(2) with respect to each such grant, the contact 
information for an individual who can offer assist-
ance to State, Tribal, and local governments. 
(b) OUTREACH.—The Administrator shall conduct 
outreach activities to inform State, Tribal, and local gov-
ernments of the resiliency, adaptation, and mitigation 
grants. 
(c) ADMINISTRATOR.—In this section, the term ‘‘Ad-
ministrator’’ means the Secretary of Commerce acting 
through the Administrator of the National Oceanic and 
Atmospheric Administration. 
TITLE XVII—KEEP AMERICA’S 
WATERFRONTS WORKING 
SEC. 71701. WORKING WATERFRONTS GRANT PROGRAM. 
The Coastal Zone Management Act of 1972 (16 
U.S.C. 1451 et seq.) is amended by adding at the end 
the following: 
‘‘SEC. 320. WORKING WATERFRONTS GRANT PROGRAM. 
‘‘(a) WORKING WATERFRONT TASK FORCE.— 
‘‘(1) ESTABLISHMENT
AND
FUNCTIONS.—The 
Secretary of Commerce shall establish a task force 
to work directly with coastal States, user groups,
2123 
and coastal stakeholders to identify and address crit-
ical needs with respect to working waterfronts. 
‘‘(2) MEMBERSHIP.—The members of the task 
force shall be appointed by the Secretary of Com-
merce, and shall include— 
‘‘(A) experts in the unique economic, so-
cial, cultural, ecological, geographic, and re-
source concerns of working waterfronts; and 
‘‘(B) representatives from the National 
Oceanic and Atmospheric Administration’s Of-
fice of Coastal Management, the United States 
Fish and Wildlife Service, the Department of 
Agriculture, 
the 
Environmental 
Protection 
Agency, the United States Geological Survey, 
the Navy, the National Marine Fisheries Serv-
ice, the Economic Development Agency, and 
such other Federal agencies as the Secretary 
considers appropriate. 
‘‘(3) FUNCTIONS.—The task force shall— 
‘‘(A) identify and prioritize critical needs 
with respect to working waterfronts in States 
that have a management program approved by 
the Secretary of Commerce pursuant to section 
306, in the areas of—
2124 
‘‘(i) economic and cultural importance 
of working waterfronts to communities; 
‘‘(ii) 
changing 
environments 
and 
threats working waterfronts face from en-
vironment changes, trade barriers, sea level 
rise, extreme weather events, ocean acidifi-
cation, and harmful algal blooms; and 
‘‘(iii) identifying working waterfronts 
and highlighting them within communities; 
‘‘(B) outline options, in coordination with 
coastal States and local stakeholders, to address 
such critical needs, including adaptation and 
mitigation where applicable; 
‘‘(C) identify Federal agencies that are re-
sponsible under existing law for addressing such 
critical needs; and 
‘‘(D) recommend Federal agencies best 
suited to address any critical needs for which 
no agency is responsible under existing law. 
‘‘(4) INFORMATION
TO
BE
CONSIDERED.—In 
identifying and prioritizing policy gaps pursuant to 
paragraph (3), the task force shall consider the find-
ings and recommendations contained in section VI of 
the report entitled ‘The Sustainable Working Water-
fronts Toolkit: Final Report’, dated March 2013.
2125 
‘‘(5) REPORT.—Not later than 18 months after 
the date of the enactment of this section, the task 
force shall submit a report to Congress on its find-
ings. 
‘‘(6) IMPLEMENTATION.—The head of each 
Federal agency identified in the report pursuant to 
paragraph (3)(C) shall take such action as is nec-
essary to implement the recommendations contained 
in the report by not later than 1 year after the date 
of the issuance of the report. 
‘‘(b) WORKING WATERFRONT GRANT PROGRAM.— 
‘‘(1) The Secretary shall establish a Working 
Waterfront Grant Program, in cooperation with ap-
propriate State, regional, and other units of govern-
ment, under which the Secretary may make a grant 
to any coastal State for the purpose of implementing 
a working waterfront plan approved by the Secretary 
under subsection (c). 
‘‘(2) Subject to the availability of appropria-
tions, the Secretary shall award matching grants 
under the Working Waterfronts Grant Program to 
coastal States with approved working waterfront 
plans through a regionally equitable, competitive 
funding process in accordance with the following:
2126 
‘‘(A) The Governor, or the lead agency 
designated by the Governor for coordinating the 
implementation of this section, where appro-
priate in consultation with the appropriate local 
government, shall determine that the applica-
tion is consistent with the State’s or territory’s 
approved coastal zone plan, program, and poli-
cies prior to submission to the Secretary. 
‘‘(B) In developing guidelines under this 
section, the Secretary shall consult with coastal 
States, other Federal agencies, and other inter-
ested stakeholders with expertise in working 
waterfront planning. 
‘‘(C) Coastal States may allocate grants to 
local governments, Indian Tribes, agencies, or 
nongovernmental organizations eligible for as-
sistance under this section. 
‘‘(3) In awarding a grant to a coastal State, the 
Secretary shall consider— 
‘‘(A) the economic, cultural, and historical 
significance of working waterfront to the coast-
al State; 
‘‘(B) the demonstrated working waterfront 
needs of the coastal State as outlined by a 
working waterfront plan approved for the coast-
2127 
al State under subsection (c), and the value of 
the proposed project for the implementation of 
such plan; 
‘‘(C) the ability to successfully leverage 
funds among participating entities, including 
Federal programs, regional organizations, State 
and other government units, landowners, cor-
porations, or private organizations; 
‘‘(D) the potential for rapid turnover in 
the ownership of working waterfront in the 
coastal State, and where applicable the need for 
coastal States to respond quickly when prop-
erties in existing or potential working water-
front areas or public access areas as identified 
in the working waterfront plan submitted by 
the coastal State come under threat or become 
available; and 
‘‘(E) the impact of the working waterfront 
plan approved for the coastal State under sub-
section (c) on the coastal ecosystem and the 
users of the coastal ecosystem. 
‘‘(4) The Secretary shall approve or reject an 
application for such a grant within 60 days after re-
ceiving an application for the grant. 
‘‘(c) WORKING WATERFRONT PLANS.—
2128 
‘‘(1) To be eligible for a grant under subsection 
(b), a coastal State must submit and have approved 
by the Secretary a comprehensive working water-
front plan in accordance with this subsection, or be 
in the process of developing such a plan and have an 
established working waterfront program at the State 
or local level, or the Secretary determines that an 
existing coastal land use plan for that State is in ac-
cordance with this subsection. 
‘‘(2) Such plan— 
‘‘(A) must provide for preservation and ex-
pansion of access to coastal waters to persons 
engaged in commercial fishing, recreational 
fishing and boating businesses, aquaculture, 
boatbuilding, or other water-dependent, coastal- 
related business; 
‘‘(B) shall include one or more of— 
‘‘(i) an assessment of the economic, 
social, cultural, and historic value of work-
ing waterfront to the coastal State; 
‘‘(ii) a description of relevant State 
and local laws and regulations affecting 
working waterfront in the geographic areas 
identified in the working waterfront plan;
2129 
‘‘(iii) 
identification 
of 
geographic 
areas where working waterfronts are cur-
rently under threat of conversion to uses 
incompatible with commercial and rec-
reational fishing, recreational fishing and 
boating 
businesses, 
aquaculture, 
boatbuilding, or other water-dependent, 
coastal-related business, and the level of 
that threat; 
‘‘(iv) identification of geographic areas 
with a historic connection to working wa-
terfronts where working waterfronts are 
not currently available, and, where appro-
priate, an assessment of the environmental 
impacts of any expansion or new develop-
ment of working waterfronts on the coastal 
ecosystem; 
‘‘(v) identification of other working 
waterfront needs including improvements 
to existing working waterfronts and work-
ing waterfront areas; 
‘‘(vi) a strategic and prioritized plan 
for the preservation, expansion, and im-
provement of working waterfronts in the 
coastal State;
2130 
‘‘(vii) 
for 
areas 
identified 
under 
clauses (iii), (iv), (v), and (vi), identifica-
tion of current availability and potential 
for expansion of public access to coastal 
waters; 
‘‘(viii) a description of the degree of 
community support for such strategic plan; 
and 
‘‘(ix) a contingency plan for properties 
that revert to the coastal State pursuant to 
determinations made by the coastal State 
under subsection (g)(4)(C); 
‘‘(C) may include detailed environmental 
impacts on working waterfronts, including haz-
ards, sea level rise, inundation exposure, and 
other resiliency issues; 
‘‘(D) may be part of the management pro-
gram approved under section 306; 
‘‘(E) shall utilize to the maximum extent 
practicable existing information contained in 
relevant surveys, plans, or other strategies to 
fulfill the information requirements under this 
paragraph; and 
‘‘(F) shall incorporate the policies and reg-
ulations adopted by communities under local
2131 
working waterfront plans or strategies in exist-
ence before the date of the enactment of this 
section. 
‘‘(3) A working waterfront plan— 
‘‘(A) shall be effective for purposes of this 
section for the 5-year period beginning on the 
date it is approved by the Secretary; 
‘‘(B) must be updated and re-approved by 
the Secretary before the end of such period; and 
‘‘(C) shall be complimentary to and incor-
porate the policies and objectives of regional or 
local working waterfront plans as in effect be-
fore the date of enactment of this section or as 
subsequently revised. 
‘‘(4) The Secretary may— 
‘‘(A) award planning grants to coastal 
States for the purpose of developing or revising 
comprehensive working waterfront plans; and 
‘‘(B) award grants consistent with the pur-
poses of this section to States undertaking the 
working waterfront planning process under this 
section, for the purpose of preserving and pro-
tecting working waterfronts during such proc-
ess.
2132 
‘‘(5) Any coastal State applying for a working 
waterfront grant under this title shall— 
‘‘(A) develop a working waterfront plan, 
using a process that involves the public and 
those with an interest in the coastal zone; 
‘‘(B) coordinate development and imple-
mentation of such a plan with other coastal 
management programs, regulations, and activi-
ties of the coastal State; and 
‘‘(C) if the coastal State allows qualified 
holders (other than the coastal State) to enter 
into working waterfront covenants, provide as 
part of the working waterfront plan under this 
subsection a mechanism or procedure to ensure 
that the qualified holders are complying their 
duties to enforce the working waterfront cov-
enant. 
‘‘(d) USES, TERMS, AND CONDITIONS.— 
‘‘(1) Each grant made by the Secretary under 
this section shall be subject to such terms and condi-
tions as may be appropriate to ensure that the grant 
is used for purposes consistent with this section. 
‘‘(2) A grant under this section may be used— 
‘‘(A) to acquire a working waterfront, or 
an interest in a working waterfront;
2133 
‘‘(B) to make improvements to a working 
waterfront, including the construction or repair 
of wharfs, boat ramps, or related facilities; or 
‘‘(C) for necessary climate adaptation miti-
gation. 
‘‘(e) PUBLIC ACCESS REQUIREMENT.—A working 
waterfront project funded by grants made under this sec-
tion must provide for expansion, improvement, or preser-
vation of reasonable and appropriate public access to 
coastal waters at or in the vicinity of a working water-
front, except for commercial fishing or other industrial ac-
cess points where the coastal State determines that public 
access would be unsafe. 
‘‘(f) LIMITATIONS.— 
‘‘(1) Except as provided in paragraph (2), a 
grant awarded under this section may be used to 
purchase working waterfront or an interest in work-
ing waterfront, including an easement, only from a 
willing seller and at fair market value. 
‘‘(2) A grant awarded under this section may 
be used to acquire working waterfront or an interest 
in working waterfront at less than fair market value 
only if the owner certifies to the Secretary that the 
sale is being entered into willingly and without coer-
cion.
2134 
‘‘(3) No Federal, State, or local entity may ex-
ercise the power of eminent domain to secure title to 
any property or facilities in connection with a 
project carried out under this section. 
‘‘(g) ALLOCATION OF GRANTS TO LOCAL GOVERN-
MENTS AND OTHER ENTITIES.— 
‘‘(1) The Secretary shall encourage coastal 
States to broadly allocate amounts received as 
grants under this section among working water-
fronts identified in working waterfront plans ap-
proved under subsection (c). 
‘‘(2) Subject to the approval of the Secretary, 
a coastal State may, as part of an approved working 
waterfront plan, designate as a qualified holder any 
unit of State or local government or nongovern-
mental organization, if the coastal State is ulti-
mately responsible for ensuring that the property 
will be managed in a manner that is consistent with 
the purposes for which the land entered into the pro-
gram. 
‘‘(3) A coastal State or a qualified holder des-
ignated by a coastal State may allocate to a unit of 
local government, nongovernmental organization, 
fishing cooperative, or other entity, a portion of any 
grant made under this section for the purpose of
2135 
carrying out this section, except that such an alloca-
tion shall not relieve the coastal State of the respon-
sibility for ensuring that any funds so allocated are 
applied in furtherance of the coastal State’s ap-
proved working waterfront plan. 
‘‘(4) A qualified holder may hold title to or in-
terest in property acquired under this section, except 
that— 
‘‘(A) all persons holding title to or interest 
in working waterfront affected by a grant under 
this section, including a qualified holder, private 
citizen, private business, nonprofit organization, 
fishing cooperative, or other entity, shall enter 
into a working waterfront covenant; 
‘‘(B) such covenant shall be held by the 
coastal State or a qualified holder designated 
under paragraph (2); 
‘‘(C) if the coastal State determines, on 
the record after an opportunity for a hearing, 
that the working waterfront covenant has been 
violated— 
‘‘(i) all right, title, and interest in and 
to the working waterfront covered by such 
covenant shall, except as provided in sub-
2136 
paragraph (D), revert to the coastal State; 
and 
‘‘(ii) the coastal State shall have the 
right of immediate entry onto the working 
waterfront; 
‘‘(D) if a coastal State makes a determina-
tion under subparagraph (C), the coastal State 
may convey or authorize the qualified holder to 
convey the working waterfront or interest in 
working waterfront to another qualified holder; 
and 
‘‘(E) nothing in this subsection waives any 
legal requirement under any Federal or State 
law. 
‘‘(h) MATCHING CONTRIBUTIONS.— 
‘‘(1) Except as provided in paragraph (2), the 
Secretary shall require that each coastal State that 
receives a grant under this section, or a qualified 
holder designated by that coastal State under sub-
section (g), shall provide matching funds in an 
amount equal to at least 25 percent of the total cost 
of the project carried out with the grant. 
‘‘(2) The Secretary may waive the application 
of paragraph (1) for any qualified holder that is an 
underserved community, a community that has an
2137 
inability to draw on other sources of funding because 
of the small population or low income of the commu-
nity, or for other reasons the Secretary considers ap-
propriate. 
‘‘(3) A local community designated as a quali-
fied holder under subsection (g) may utilize funds or 
other in-kind contributions donated by a nongovern-
mental partner to satisfy the matching funds re-
quirement under this subsection. 
‘‘(4) As a condition of receipt of a grant under 
this section, the Secretary shall require that a coast-
al State provide to the Secretary such assurances as 
the Secretary determines are sufficient to dem-
onstrate that the share of the cost of each eligible 
project that is not funded by the grant awarded 
under this section has been secured. 
‘‘(5) If financial assistance under this section 
represents only a portion of the total cost of a 
project, funding from other Federal sources may be 
applied to the cost of the project. Each portion shall 
be subject to match requirements under the applica-
ble provision of law. 
‘‘(6) The Secretary shall treat as non-Federal 
match the value of a working waterfront or interest 
in a working waterfront, including conservation and
2138 
other easements, that is held in perpetuity by a 
qualified holder, if the working waterfront or inter-
est is identified in the application for the grant and 
acquired by the qualified holder within 3 years of 
the grant award date, or within 3 years after the 
submission of the application and before the end of 
the grant award period. Such value shall be deter-
mined by an appraisal performed at such time before 
the award of the grant as the Secretary considers 
appropriate. 
‘‘(7) The Secretary shall treat as non-Federal 
match the costs associated with acquisition of a 
working waterfront or an interest in a working wa-
terfront, and the costs of restoration, enhancement, 
or other improvement to a working waterfront, if the 
activities are identified in the project application and 
the costs are incurred within the period of the grant 
award, or, for working waterfront described in para-
graph (6), within the same time limits described in 
that paragraph. These costs may include either cash 
or in-kind contributions. 
‘‘(i) LIMIT ON ADMINISTRATIVE COSTS.—No more 
than 5 percent of the funds made available to the Sec-
retary under this section may be used by the Secretary
2139 
for planning or administration of the program under this 
section. 
‘‘(j) OTHER TECHNICAL
AND FINANCIAL ASSIST-
ANCE.— 
‘‘(1) Up to 5 percent of the funds appropriated 
under this section may be used by the Secretary for 
purposes of providing technical assistance as de-
scribed in this subsection. 
‘‘(2) The Secretary shall— 
‘‘(A) provide technical assistance to coastal 
States and local governments in identifying and 
obtaining other sources of available Federal 
technical and financial assistance for the devel-
opment and revision of a working waterfront 
plan and the implementation of an approved 
working waterfront plan; 
‘‘(B) provide technical assistance to States 
and local governments for the development, im-
plementation, and revision of comprehensive 
working waterfront plans, which may include, 
subject to the availability of appropriations, 
planning grants and assistance, pilot projects, 
feasibility studies, research, and other projects 
necessary to further the purposes of this sec-
tion;
2140 
‘‘(C) assist States in developing other tools 
to protect working waterfronts; 
‘‘(D) collect and disseminate to States 
guidance for best storm water management 
practices in regards to working waterfronts; 
‘‘(E) provide technical assistance to States 
and local governments on integrating resilience 
planning into working waterfront preservation 
efforts; and 
‘‘(F) collect and disseminate best practices 
on working waterfronts and resilience planning. 
‘‘(k) OTHER REQUIREMENTS.— All laborers and me-
chanics employed by contractors or subcontractors in the 
performance of construction, alteration or repair work car-
ried out, in whole or in part, with financial assistance 
made available under this section shall be paid wages at 
rates not less than those prevailing on projects of a char-
acter similar in the locality as determined by the Secretary 
of Labor in accordance with subchapter IV of chapter 31 
of title 40, United States Code. With respect to the labor 
standards specified in this section, the Secretary of Labor 
shall have the authority and functions set forth in Reorga-
nization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 
U.S.C. App.) and section 3145 of title 40, United States 
Code.
2141 
‘‘(l) REPORTS.— 
‘‘(1) The Secretary shall— 
‘‘(A) develop performance measures to 
evaluate and report on the effectiveness of the 
program under this section in accomplishing the 
purpose of this section; and 
‘‘(B) submit to Congress a biennial report 
that includes such evaluations, an account of all 
expenditures, and descriptions of all projects 
carried out using grants awarded under this 
section. 
‘‘(2) The Secretary may submit the biennial re-
port under paragraph (1)(B) by including it in the 
biennial report required under section 316. 
‘‘(m) DEFINITIONS.—In this section: 
‘‘(1) The term ‘qualified holder’ means a coast-
al State or a unit of local or coastal State govern-
ment or a non-State organization designated by a 
coastal State under subsection (g). 
‘‘(2) The term ‘Secretary’ means the Secretary, 
acting through the National Oceanic and Atmos-
pheric Administration. 
‘‘(3) The term ‘working waterfront’ means real 
property (including support structures over water 
and other facilities) that provides access to coastal
2142 
waters to persons engaged in commercial and rec-
reational fishing, recreational fishing and boating 
businesses, boatbuilding, aquaculture, or other 
water-dependent, coastal-related business and is 
used for, or that supports, commercial and rec-
reational fishing, recreational fishing and boating 
businesses, boatbuilding, aquaculture, or other 
water-dependent, coastal-related business. 
‘‘(4) The term ‘working waterfront covenant’ 
means an agreement in recordable form between the 
owner of working waterfront and one or more quali-
fied holders, that provides such assurances as the 
Secretary may require that— 
‘‘(A) the title to or interest in the working 
waterfront will be held by a grant recipient or 
qualified holder in perpetuity, except as pro-
vided in subparagraph (C); 
‘‘(B) the working waterfront will be man-
aged in a manner that is consistent with the 
purposes for which the property is acquired 
pursuant to this section, and the property will 
not be converted to any use that is inconsistent 
with the purpose of this section; 
‘‘(C) if the title to or interest in the work-
ing waterfront is sold or otherwise exchanged—
2143 
‘‘(i) all working waterfront owners 
and qualified holders involved in such sale 
or exchange shall accede to such agree-
ment; and 
‘‘(ii) funds equal to the fair market 
value of the working waterfront or interest 
in working waterfront shall be paid to the 
Secretary by parties to the sale or ex-
change, and such funds shall, at the dis-
cretion of the Secretary, be paid to the 
coastal State in which the working water-
front is located for use in the implementa-
tion of the working waterfront plan of the 
State approved by the Secretary under this 
section; and 
‘‘(D) such covenant is subject to enforce-
ment and oversight by the coastal State or by 
another person as determined appropriate by 
the Secretary. 
‘‘(n) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to the Grant Program 
$15,000,000.’’.
2144 
TITLE XVIII—BLUE CARBON FOR 
OUR PLANET 
SEC. 71801. INTERAGENCY WORKING GROUP. 
(a) ESTABLISHMENT.—The National Science and 
Technology Council Subcommittee on Ocean Science and 
Technology shall establish an Interagency Working Group 
on Coastal Blue Carbon. 
(b) PURPOSES.—The Interagency Working Group on 
Coastal Blue Carbon shall oversee the development of a 
national map of coastal blue carbon ecosystems, establish 
national coastal blue carbon ecosystem protection and res-
toration priorities, assess the biophysical, social, and eco-
nomic impediments to coastal blue carbon ecosystem res-
toration, study the effects of climate change, environ-
mental stressors, and human stressors on carbon seques-
tration rates, and preserve the continuity of coastal blue 
carbon data. 
(c) MEMBERSHIP.—The Interagency Working Group 
on Coastal Blue Carbon shall be comprised of senior rep-
resentatives from the National Oceanic and Atmospheric 
Administration, the Environmental Protection Agency, the 
National Science Foundation, the National Aeronautics 
and Space Administration, the United States Geological 
Survey, the United States Fish and Wildlife Service, the 
National Park Service, the Bureau of Indian Affairs, the
2145 
Smithsonian Institution, the Army Corps of Engineers, 
the Department of Agriculture, the Department of En-
ergy, the Department of Defense, the Department of 
Transportation, the Department of State, the Federal 
Emergency Management Agency, and the Council on En-
vironmental Quality. 
(d) CHAIR.—The Interagency Working Group shall 
be chaired by the Administrator. 
(e) RESPONSIBILITIES.—The Interagency Working 
Group shall— 
(1) oversee the development, update, and main-
tenance of a national map and inventory of coastal 
blue carbon ecosystems, including habitat types with 
a regional focus in analysis that is usable for local 
level protection planning and restoration; 
(2) develop a strategic assessment of the bio-
physical, chemical, social, statutory, regulatory, and 
economic impediments to protection and restoration 
of coastal blue carbon ecosystems; 
(3) develop a national strategy for foundational 
science necessary to study, synthesize, and evaluate 
the effects of climate change, environmental, and 
human stressors on sequestration rates and capabili-
ties of coastal blue carbon ecosystems protection;
2146 
(4) establish national coastal blue carbon eco-
system protection and restoration priorities, includ-
ing an assessment of current Federal funding being 
used for restoration efforts; 
(5) ensure the continuity, use, and interoper-
ability of data assets through the Smithsonian Envi-
ronmental Research Center’s Coastal Carbon Data 
Clearinghouse; and 
(6) assess current legal authorities to protect 
and restore blue carbon ecosystems. 
(f) REPORTS TO CONGRESS.— 
(1) IN
GENERAL.—Not later than one year 
after the date of the enactment of this Act, the 
Interagency Working Group shall provide to the 
Committee on Science, Space, and Technology of the 
House of Representatives, the Committee on Natural 
Resources of the House of Representatives, and the 
Committee on Commerce, Science, and Transpor-
tation of the Senate a report containing the fol-
lowing: 
(A) A summary of federally funded coastal 
blue carbon ecosystem research, monitoring, 
preservation, and restoration activities, includ-
ing the budget for each of these activities and
2147 
describe the progress in advancing the national 
priorities established in section 71803(a)(4)(A). 
(B) An assessment of biophysical, social, 
and economic impediments to coastal blue car-
bon ecosystem restoration, including the vulner-
ability of coastal blue carbon ecosystems to cli-
mate impacts, such as sea-level rise, ocean and 
coastal acidification, and other environmental 
and human stressors. 
(2) STRATEGIC PLAN.— 
(A) IN GENERAL.—The Interagency Work-
ing group shall create a strategic plan for Fed-
eral investments in basic research, development, 
demonstration, long-term monitoring and stew-
ardship, and deployment of coastal blue carbon 
ecosystem projects for the 5-year period begin-
ning at the start of the first fiscal year after 
the date on which the budget assessment is sub-
mitted under paragraph (1). The plan shall in-
clude an assessment of the use of existing Fed-
eral programs to protect and preserve coastal 
blue carbon ecosystems and identify the need 
for any additional authorities or programs. 
(B) TIMING.—The Interagency Working 
Group shall—
2148 
(i) submit the strategic plan under 
paragraph (A) to the Committee on 
Science, Space, and Technology of the 
House of Representatives, the Committee 
on Natural Resources of the House of Rep-
resentatives, and the Committee on Com-
merce, Science, and Transportation of the 
Senate on a date that is not later than one 
year after the enactment of this Act and 
not earlier than the date on which the re-
port under paragraph (1) is submitted to 
such committees of Congress; and 
(ii) submit a revised version of such 
plan not less than quinquennially there-
after. 
(C) FEDERAL REGISTER.—Not later than 
90 days before the strategic plan under this 
paragraph, or any revision thereof, is submitted 
under subparagraph (B), the Interagency 
Working Group shall publish such plan in the 
Federal Register and provide an opportunity for 
submission of public comments for a period of 
not less than 60 days.
2149 
SEC. 71802. NATIONAL MAP OF COASTAL BLUE CARBON 
ECOSYSTEMS. 
(a) NATIONAL
MAP.—The Interagency Working 
Group shall— 
(1) produce, update at least once every five 
years, and maintain a national level map and inven-
tory of coastal blue carbon ecosystems, including— 
(A) the species and types of habitats and 
species in the ecosystem; 
(B) the condition of such habitats includ-
ing whether a habitat is degraded, drained, eu-
trophic, or tidally restricted; 
(C) type of public or private ownership and 
any protected status; 
(D) the size of the ecosystem; 
(E) the salinity boundaries; 
(F) the tidal boundaries; 
(G) an assessment of carbon sequestration 
potential, methane production, and net green-
house gas reductions including consideration 
of— 
(i) quantification; 
(ii) verifiability; 
(iii) comparison to a historical base-
line, as available; and 
(iv) permanence of those benefits;
2150 
(H) an assessment of cobenefits of eco-
system and carbon sequestration; 
(I) the potential for landward migration as 
a result of sea level rise; 
(J) any upstream restrictions detrimental 
to the watershed process and conditions such as 
dams, dikes, and levees; 
(K) the conversion of coastal blue carbon 
ecosystems to other land uses and the cause of 
such conversion; and 
(L) a depiction of the effects of climate 
change, including sea level rise, environmental 
stressors, and human stressors on the seques-
tration rate, carbon storage, and potential of 
coastal blue carbon ecosystems; and 
(2) in carrying out paragraph (1)— 
(A) incorporate, to the extent possible, ex-
isting data collected through federally funded 
research and by a Federal agency, State agen-
cy, local agency, Tribe, including data collected 
from the National Oceanic and Atmospheric 
Administration Coastal Change Analysis Pro-
gram, U.S. Fish and Wildlife Service National 
Wetlands Inventory, United States Geological 
Survey LandCarbon program, Federal Emer-
2151 
gency Management Agency LiDAR information 
coordination and knowledge program, Depart-
ment of Energy Biological and Environmental 
Research program, and Department of Agri-
culture National Coastal Blue Carbon Assess-
ment; and 
(B) engage regional technical experts in 
order to accurately account for regional dif-
ferences in coastal blue carbon ecosystems. 
(b) USE.—The Interagency Working Group shall use 
the national map and inventory— 
(1) to assess the carbon sequestration potential 
of different coastal blue carbon habitats, and ac-
count for any regional differences; 
(2) to assess and quantify emissions from de-
graded and destroyed coastal blue carbon eco-
systems; 
(3) to develop regional assessments and to pro-
vide technical assistance to regional, State, Tribal, 
and local government agencies, and regional infor-
mation coordination entities as defined in section 
123030(6) of the Integrated Coastal and Ocean Ob-
servation System Act (33 U.S.C. 3602); 
(4) to assess degraded coastal blue carbon eco-
systems and their potential for restoration, including
2152 
developing scenario modeling to identify vulnerable 
areas where management, protection, and restora-
tion efforts should be focused; 
(5) produce future predictions of coastal blue 
carbon ecosystems and carbon sequestration rates in 
the context of climate change, environmental 
stressors, and human stressors; and 
(6) use such map to inform the Administrator 
of the Environmental Protection Agency’s creation 
of the annual Inventory of U.S. Greenhouse Gas 
Emissions and Sinks. 
SEC. 71803. RESTORATION AND PROTECTIONS FOR EXIST-
ING COASTAL BLUE CARBON ECOSYSTEMS. 
(a) IN GENERAL.—The Administrator shall— 
(1) lead the Interagency Working Group in im-
plementing 
the 
strategic 
plan 
under 
section 
71801(f)(2); 
(2) coordinate monitoring and research efforts 
among Federal agencies in cooperation with State, 
local, and Tribal government and international part-
ners and nongovernmental organizations; 
(3) establish a national goal for conserving 
ocean and coastal blue carbon ecosystems within the 
territory of the United States, and as appropriate
2153 
setting targets for restoration of degraded coastal 
blue carbon ecosystems; 
(4) in coordination with the Interagency Work-
ing Group and as informed by the report under sec-
tion 71801(f) on current Federal expenditures on 
coastal blue carbon ecosystem restoration, identify— 
(A) national coastal blue carbon ecosystem 
protection and restoration priorities that would 
produce the highest rate of carbon sequestra-
tion and greatest ecosystem benefits such as 
flood protection, soil and beach retention, ero-
sion reduction, biodiversity, water purification, 
and nutrient cycling in the context of other en-
vironmental stressors and climate change; and 
(B) ways to improve coordination and to 
prevent unnecessary duplication of effort among 
Federal agencies and departments with respect 
to research on coastal blue carbon ecosystems 
through existing and new coastal management 
networks; and 
(5) in coordination with State, local, and Tribal 
governments and coastal stakeholders, develop inte-
grated pilot programs to restore degraded coastal 
blue carbon ecosystems in accordance with sub-
section (b).
2154 
(b) INTEGRATED PILOT PROGRAMS TO RESTORE 
AND PROTECT DEGRADED COASTAL BLUE CARBON ECO-
SYSTEMS.—In carrying out subsection (a)(5), the Admin-
istrator shall— 
(1) establish integrated pilot programs that de-
velop best management practices, including design 
criteria and performance functions for coastal blue 
carbon ecosystem restoration and protection, nature- 
based adaptation strategies, restoration areas that 
intersect with the built environments as green-gray 
infrastructure projects, management practices for 
landward progression or migration of coastal blue 
carbon ecosystems, and identify potential barriers to 
restoration efforts, and increase long-term carbon 
sequestration and storage; 
(2) ensure that the pilot programs cover geo-
graphically and ecologically diverse locations with 
significant ecological, economic, and social benefits, 
such as flood protection, soil and beach retention, 
erosion reduction, biodiversity, water purification, 
and nutrient cycling to reduce hypoxic conditions, 
and maximum potential for greenhouse gas emission 
reduction; 
(3) establish a procedure for reviewing applica-
tions for the pilot program, taking into account—
2155 
(A) quantification; 
(B) verifiability; 
(C) additionality as compared to a histor-
ical baseline, when feasible; and 
(D) permanence of those benefits; 
(4) ensure, through consultation with the Inter-
agency Working Group, that the goals and metrics 
for the pilot programs are communicated to the ap-
propriate State, Tribe, and local governments, and 
to the general public; 
(5) coordinate with relevant Federal agencies 
on the Interagency Working Group to prevent un-
necessary duplication of effort among Federal agen-
cies and departments with respect to restoration and 
protection programs; 
(6) give priority to proposed eligible restoration 
activities that would— 
(A) result in long-term protection and se-
questration of carbon stored in coastal and ma-
rine environments; 
(B) protect key habitats for fish, wildlife, 
and the maintenance of biodiversity; 
(C) provide coastal protection from devel-
opment, storms, flooding, and land-based pollu-
tion;
2156 
(D) protect coastal resources of national, 
historical, and cultural significance; and 
(E) benefit communities of color, low-in-
come communities, Tribal or Indigenous com-
munities, or rural communities; and 
(7) report to the Interagency Working Group, 
and Committee on Science, Space, and Technology 
of the House of Representatives, the Committee on 
Natural Resources of the House of Representatives, 
and the Committee on Commerce, Science, and 
Transportation of the Senate on the total number of 
acres of land or water protected or restored through 
the program, the status of restoration projects, and 
the blue carbon sequestration potential of each res-
toration pilot project. 
SEC. 71804. NAS ASSESSMENT OF CONTAINMENT OF CAR-
BON DIOXIDE IN DEEP SEAFLOOR ENVIRON-
MENT. 
Not later than 90 days after the date of the enact-
ment of this Act, the Administrator shall seek to enter 
into an agreement with the National Academy of Sciences 
to conduct a comprehensive assessment on the long-term 
effects of geologic stores of carbon dioxide in a deep 
seafloor environment, including impacts on marine species 
and ecosystems.
2157 
SEC. 71805. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Na-
tional Oceanic and Atmospheric Administration to carry 
out this title $15,000,000 for each of the fiscal years 2023 
through 2027. 
SEC. 71806. DEFINITIONS. 
In this title: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Under Secretary of Commerce for 
Oceans and Atmosphere in the Under Secretary’s 
capacity as the Administrator of the National Oce-
anic and Atmospheric Administration. 
(2) COASTAL BLUE CARBON ECOSYSTEM.—The 
term ‘‘coastal blue carbon ecosystem’’ refers to vege-
tated coastal habitats including mangroves, tidal 
marshes, seagrasses, kelp forests, and other tidal, 
freshwater, or salt-water wetlands, and their ability 
to sequester carbon from the atmosphere, accumu-
late it in biomass for years to decades, and store it 
in soils for centuries to millennia. Coastal blue car-
bon ecosystems include both autochthonous carbon 
and allochthonous carbon. 
(3) STATE.—The term ‘‘State’’ means each 
State of the United States, the District of Columbia, 
the Commonwealth of Puerto Rico, American 
Samoa, Guam, the Commonwealth of the Northern
2158 
Mariana Islands, the Virgin Islands of the United 
States, and any other territory of the United States. 
TITLE 
XIX—ELIMINATE, 
NEU-
TRALIZE, AND DISRUPT WILD-
LIFE 
TRAFFICKING 
REAU-
THORIZATION AND IMPROVE-
MENTS 
SEC. 71901. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) the United States Government should con-
tinue to work with international partners, including 
nations, nongovernmental organizations, and the pri-
vate sector, to identify long-standing and emerging 
areas of concern in wildlife poaching and trafficking 
related to global supply and demand; and 
(2) the activities and required reporting of the 
Presidential Task Force on Wildlife Trafficking, es-
tablished by Executive Order No. 13648 (78 Fed. 
Reg. 40621), and modified by sections 201 and 301 
of the Eliminate, Neutralize, and Disrupt Wildlife 
Trafficking Act of 2016 (16 U.S.C. 7621 and 7631) 
should be reauthorized to minimize the disruption of 
the work of such Task Force.
2159 
SEC. 71902. DEFINITIONS. 
Section 2 of the Eliminate, Neutralize, and Disrupt 
Wildlife Trafficking Act of 2016 (16 U.S.C. 7601) is 
amended— 
(1) in paragraph (3), by inserting ‘‘involving 
local communities’’ after ‘‘approach to conserva-
tion’’; 
(2) by amending paragraph to read as follows: 
‘‘(4) COUNTRY OF CONCERN.—The term ‘coun-
try of concern’ means a foreign country specially 
designated by the Secretary of State pursuant to 
section 201(b) as a major source of wildlife traf-
ficking products or their derivatives, a major transit 
point of wildlife trafficking products or their deriva-
tives, or a major consumer of wildlife trafficking 
products, in which— 
‘‘(A) the government has actively engaged 
in, or knowingly profited from, the trafficking 
of protected species; or 
‘‘(B) the government facilitates such traf-
ficking through conduct that may include a per-
sistent failure to make serious and sustained ef-
forts to prevent and prosecute such traf-
ficking.’’; and 
(3) in paragraph (11), by striking ‘‘section 
201’’ and inserting ‘‘section 301’’.
2160 
SEC. 71903. FRAMEWORK FOR INTERAGENCY RESPONSE 
AND REPORTING. 
(a) REAUTHORIZATION OF REPORT ON MAJOR WILD-
LIFE TRAFFICKING COUNTRIES.—Section 201 of the 
Eliminate, Neutralize, and Disrupt Wildlife Trafficking 
Act of 2016 (16 U.S.C. 7621) is amended— 
(1) in subsection (a), by striking ‘‘annually 
thereafter’’ and inserting ‘‘biennially thereafter by 
June 1 of each year in which a report is required’’; 
and 
(2) by amending subsection (c) to read as fol-
lows: 
‘‘(c) DESIGNATION.—A country may be designated as 
a country of concern under subsection (b) regardless of 
such country’s status as a focus country.’’. 
(b) PRESIDENTIAL
TASK
FORCE
ON
WILDLIFE 
TRAFFICKING RESPONSIBILITIES.—Section 301(a) of the 
Eliminate, Neutralize, and Disrupt Wildlife Trafficking 
Act of 2016 (16 U.S.C. 7631(a)) is amended— 
(1) in paragraph (4), by striking ‘‘and’’ at the 
end; 
(2) by redesignating paragraph (5) as para-
graph (10); and 
(3) by inserting after paragraph (4) the fol-
lowing: 
‘‘(5) pursue programs and develop a strategy—
2161 
‘‘(A) to expand the role of technology for 
anti-poaching and anti-trafficking efforts, in 
partnership with the private sector, foreign gov-
ernments, academia, and nongovernmental or-
ganizations (including technology companies 
and the transportation and logistics sectors); 
and 
‘‘(B) to enable local governments to de-
velop and use such technologies; 
‘‘(6) consider programs and initiatives that ad-
dress the expansion of the illegal wildlife trade to 
digital platforms, including the use of digital cur-
rency and payment platforms for transactions by 
collaborating with the private sector, academia, and 
nongovernmental 
organizations, 
including 
social 
media, e-commerce, and search engine companies, as 
appropriate; 
‘‘(7)(A) establish and publish a procedure for 
removing from the list in the biennial report any 
country of concern that no longer meets the defini-
tion of country of concern under section 2(4); 
‘‘(B) include details about such procedure in 
the next report required under section 201; 
‘‘(8)(A) implement interventions to address the 
drivers of poaching, trafficking, and demand for ille-
2162 
gal wildlife and wildlife products in focus countries 
and countries of concern; 
‘‘(B) set benchmarks for measuring the effec-
tiveness of such interventions; and 
‘‘(C) consider alignment and coordination with 
indicators developed by the Task Force; 
‘‘(9) consider additional opportunities to in-
crease coordination between law enforcement and fi-
nancial institutions to identify trafficking activity; 
and’’. 
(c) PRESIDENTIAL
TASK
FORCE
ON
WILDLIFE 
TRAFFICKING STRATEGIC REVIEW.—Section 301 of the 
Eliminate, Neutralize, and Disrupt Wildlife Trafficking 
Act of 2016 (16 U.S.C. 7631), as amended by subsection 
(b), is further amended— 
(1) in subsection (d)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘annually’’ and inserting ‘‘bienni-
ally’’; 
(B) in paragraph (4), by striking ‘‘and’’ at 
the end; 
(C) in paragraph (5), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(D) by adding at the end the following:
2163 
‘‘(6) an analysis of the indicators developed by 
the Task Force, and recommended by the Govern-
ment Accountability Office, to track and measure in-
puts, outputs, law enforcement outcomes, and the 
market for wildlife products for each focus country 
listed in the report, including baseline measures, as 
appropriate, for each indicator in each focus country 
to determine the effectiveness and appropriateness 
of such indicators to assess progress and whether 
additional or separate indicators, or adjustments to 
indicators, may be necessary for focus countries.’’; 
and 
(2) by striking subsection (e). 
SEC. 71904. FUNDING SAFEGUARDS. 
(a) PROCEDURES FOR OBTAINING CREDIBLE INFOR-
MATION.—Section 620M(d) of the Foreign Assistance Act 
of 1961 (22 U.S.C. 2378d(d)) is amended— 
(1) by redesignating paragraphs (4), (5), (6), 
and (7) as paragraphs (5), (6), (7), and (8), respec-
tively; and 
(2) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) routinely request and obtain such informa-
tion from the United States Agency for Inter-
national Development, the United States Fish and
2164 
Wildlife Service, and other relevant Federal agencies 
that partner with international nongovernmental 
conservation groups;’’. 
(b) REQUIRED IMPLEMENTATION.—The Secretary of 
State shall implement the procedures established pursuant 
to section 620M(d) of the Foreign Assistance Act of 1961, 
as amended by subsection (a), including vetting individ-
uals and units, whenever the United States Agency for 
International Development, the United States Fish and 
Wildlife Service, or any other relevant Federal agency that 
partners with international nongovernmental conservation 
groups provides assistance to any unit of the security 
forces of a foreign country. 
SEC. 71905. ISSUANCE OF SUBPOENAS IN WILDLIFE TRAF-
FICKING CIVIL PENALTY ENFORCEMENT AC-
TIONS. 
(a) ENDANGERED SPECIES ACT OF 1973.—Section 
11(e) of the Endangered Species Act of 1973 (16 U.S.C. 
1540(e)) is amended by adding at the end the following: 
‘‘(7) ISSUANCE OF SUBPOENAS.— 
‘‘(A) IN GENERAL.—For the purposes of 
any inspection or investigation relating to the 
import into, or the export from, the United 
States of any fish or wildlife or plants covered 
under this Act or relating to the delivery, re-
2165 
ceipt, carrying, transport, shipment, sale, or 
offer for sale in interstate or foreign commerce 
of any such fish or wildlife or plants imported 
into or exported from the United States, the 
Secretary, may issue subpoenas for the attend-
ance and testimony of witnesses and the pro-
duction of any papers, books, or other records 
relevant to the subject matter under investiga-
tion. 
‘‘(B) FEES
AND
MILEAGE
FOR
WIT-
NESSES.—A witness summoned under subpara-
graph (A) shall be paid the same fees and mile-
age that are paid to witnesses in the courts of 
the United States. 
‘‘(C) REFUSAL TO OBEY SUBPOENAS.— 
‘‘(i) IN GENERAL.—In the case of a 
contumacy or refusal to obey a subpoena 
served on any person pursuant to this 
paragraph, the district court of the United 
States for any judicial district in which the 
person is found, resides, or transacts busi-
ness, on application by the United States 
and after notice to that person, shall have 
jurisdiction to issue an order requiring 
that person to appear and give testimony
2166 
before the Secretary, to appear and 
produce documents before the Secretary, 
or both. 
‘‘(ii) FAILURE TO OBEY.—Any failure 
to obey an order issued by a court under 
clause (i) may be punished by that court 
as a contempt of that court.’’. 
(b) LACEY ACT AMENDMENTS OF 1981.—Section 6 
of the Lacey Act Amendments of 1981 (16 U.S.C. 3375) 
is amended by adding at the end the following: 
‘‘(e) ISSUANCE OF SUBPOENAS.— 
‘‘(1) IN GENERAL.—For the purposes of any in-
spection or investigation relating to the import into, 
or the export from, the United States of any fish or 
wildlife or plants covered under the Lacey Act of 
1900 (16 U.S.C. 3371 et seq.) or relating to the 
transport, sale, receipt, acquisition, or purchase in 
interstate or foreign commerce of any such fish or 
wildlife or plants imported into or exported from the 
United States, the Secretary may issue subpoenas 
for the attendance and testimony of witnesses and 
the production of any papers, books, or other 
records relevant to the subject matter under inves-
tigation.
2167 
‘‘(2) FEES AND MILEAGE FOR WITNESSES.—A 
witness summoned under paragraph (1) shall be 
paid the same fees and mileage that are paid to wit-
nesses in the courts of the United States. 
‘‘(3) REFUSAL TO OBEY SUBPOENAS.— 
‘‘(A) IN GENERAL.—In the case of a con-
tumacy or refusal to obey a subpoena served on 
any person pursuant to this subsection, the dis-
trict court of the United States for any judicial 
district in which the person is found, resides, or 
transacts business, on application by the United 
States and after notice to that person, shall 
have jurisdiction to issue an order requiring 
that person to appear and give testimony before 
the Secretary, to appear and produce docu-
ments before the Secretary, or both. 
‘‘(B) FAILURE TO OBEY.—Any failure to 
obey an order issued by a court under subpara-
graph (A) may be punished by that court as a 
contempt of that court.’’. 
(c) BALD AND GOLDEN EAGLE PROTECTION ACT.— 
(1) CIVIL PENALTIES.—Subsection (b) of the 
first section of the Act of June 8, 1940 (16 U.S.C. 
668(b)) (commonly known as the ‘‘Bald and Golden 
Eagle Protection Act’’), is amended—
2168 
(A) by striking ‘‘(b) Whoever, within the’’ 
and inserting the following: 
‘‘(b) CIVIL PENALTIES.— 
‘‘(1) IN GENERAL.—Whoever, within the’’; and 
(B) by adding at the end the following: 
‘‘(2) HEARINGS; ISSUANCE OF SUBPOENAS.— 
‘‘(A) HEARINGS.—Hearings held during 
proceedings for the assessment of civil penalties 
under paragraph (1) shall be conducted in ac-
cordance with section 554 of title 5, United 
States Code. 
‘‘(B) ISSUANCE OF SUBPOENAS.— 
‘‘(i) IN
GENERAL.—For purposes of 
any hearing held during proceedings for 
the assessment of civil penalties under 
paragraph (1), the Secretary may issue 
subpoenas for the attendance and testi-
mony of witnesses and the production of 
relevant papers, books, and documents, 
and may administer oaths. 
‘‘(ii) FEES AND MILEAGE FOR WIT-
NESSES.—A witness summoned pursuant 
to clause (i) shall be paid the same fees 
and mileage that are paid to witnesses in 
the courts of the United States.
2169 
‘‘(iii) 
REFUSAL
TO
OBEY
SUB-
POENAS.— 
‘‘(I) IN GENERAL.—In the case 
of a contumacy or refusal to obey a 
subpoena served on any person pursu-
ant to this subparagraph, the district 
court of the United States for any ju-
dicial district in which the person is 
found, resides, or transacts business, 
on application by the United States 
and after notice to that person, shall 
have jurisdiction to issue an order re-
quiring that person to appear and give 
testimony before the Secretary, to ap-
pear and produce documents before 
the Secretary, or both. 
‘‘(II) FAILURE
TO
OBEY.—Any 
failure to obey an order issued by a 
court under subclause (I) may be pun-
ished by that court as a contempt of 
that court.’’. 
(2) INVESTIGATORY SUBPOENAS.—Section 3 of 
the Act of June 8, 1940 (16 U.S.C. 668b) (com-
monly known as the ‘‘Bald and Golden Eagle Pro-
2170 
tection Act’’), is amended by adding at the end the 
following: 
‘‘(d) ISSUANCE OF SUBPOENAS.— 
‘‘(1) IN GENERAL.—For the purposes of any in-
spection or investigation relating to the import into 
or the export from the United States of any bald or 
golden eagles covered under this Act, or any parts, 
nests, or eggs of any such bald or golden eagles, the 
Secretary may issue subpoenas for the attendance 
and testimony of witnesses and the production of 
any papers, books, or other records relevant to the 
subject matter under investigation. 
‘‘(2) FEES AND MILEAGE FOR WITNESSES.—A 
witness summoned under paragraph (1) shall be 
paid the same fees and mileage that are paid to wit-
nesses in the courts of the United States. 
‘‘(3) REFUSAL TO OBEY SUBPOENAS.— 
‘‘(A) IN GENERAL.—In the case of a con-
tumacy or refusal to obey a subpoena served on 
any person pursuant to this subsection, the dis-
trict court of the United States for any judicial 
district in which the person is found, resides, or 
transacts business, on application by the United 
States and after notice to that person, shall 
have jurisdiction to issue an order requiring
2171 
that person to appear and give testimony before 
the Secretary, to appear and produce docu-
ments before the Secretary, or both. 
‘‘(B) FAILURE TO OBEY.—Any failure to 
obey an order issued by a court under subpara-
graph (A) may be punished by that court as a 
contempt of that court.’’. 
DIVISION I—COMMITTEE ON 
THE JUDICIARY 
TITLE 
I—SUBCOMMITTEE 
ON 
COURTS, 
INTELLECTUAL 
PROPERTY, AND THE INTER-
NET 
SEC. 80101. BASIC RESEARCH. 
Notwithstanding any other provision of law, each 
agency that awards a Federal research grant shall not dis-
close, either publicly or privately, to an applicant for such 
grant the identity of any member of the grant review panel 
for such applicant. 
SEC. 80102. COLLECTION OF DEMOGRAPHIC INFORMATION 
FOR PATENT INVENTORS. 
(a) AMENDMENT.—Chapter 11 of title 35, United 
States Code, is amended by adding at the end the fol-
lowing:
2172 
‘‘§ 124. Collection of demographic information for 
patent inventors 
‘‘(a) VOLUNTARY COLLECTION.—The Director shall 
provide for the collection of demographic information, in-
cluding gender, race, military or veteran status, and any 
other demographic category that the Director determines 
appropriate, related to each inventor listed with an appli-
cation for patent, that may be submitted voluntarily by 
that inventor. 
‘‘(b) PROTECTION OF INFORMATION.—The Director 
shall— 
‘‘(1) keep any information submitted under sub-
section (a) confidential and separate from the appli-
cation for patent; and 
‘‘(2) establish appropriate procedures to en-
sure— 
‘‘(A) the confidentiality of any information 
submitted under subsection (a); and 
‘‘(B) that demographic information is not 
made available to examiners or considered in 
the examination of any application for patent. 
‘‘(c) RELATION TO OTHER LAWS.— 
‘‘(1) FREEDOM
OF
INFORMATION
ACT.—Any 
demographic information submitted under subsection 
(a) shall be exempt from disclosure under section 
552(b)(3) of title 5.
2173 
‘‘(2) FEDERAL
INFORMATION
POLICY
LAW.— 
Subchapter I of chapter 35 of title 44 shall not 
apply to the collection of demographic information 
under subsection (a). 
‘‘(d) PUBLICATION
OF
DEMOGRAPHIC
INFORMA-
TION.— 
‘‘(1) REPORT
REQUIRED.—Not later than 1 
year after the date of enactment of this section, and 
not later than January 31 of each year thereafter, 
the Director shall make publicly available a report 
that, except as provided in paragraph (3)— 
‘‘(A) includes the total number of patent 
applications filed during the previous year 
disaggregated— 
‘‘(i) by demographic information de-
scribed in subsection (a); and 
‘‘(ii) by technology class number, 
technology class title, country of residence 
of the inventor, and State of residence of 
the inventor in the United States; 
‘‘(B) includes the total number of patents 
issued during the previous year disaggregated— 
‘‘(i) by demographic information de-
scribed in subsection (a); and
2174 
‘‘(ii) by technology class number, 
technology class title, country of residence 
of the inventor, and State of residence of 
the inventor in the United States; and 
‘‘(C) includes a discussion of the data col-
lection methodology and summaries of the ag-
gregate responses. 
‘‘(2) DATA AVAILABILITY.—In conjunction with 
issuance of the report under paragraph (1), the Di-
rector shall make publicly available data based on 
the demographic information collected under sub-
section (a) that, except as provided in paragraph 
(3), allows the information to be cross-tabulated to 
review subgroups. 
‘‘(3) PRIVACY.—The Director— 
‘‘(A) may not include personally identifying 
information in— 
‘‘(i) the report made publicly available 
under paragraph (1); or 
‘‘(ii) the data made publicly available 
under paragraph (2); and 
‘‘(B) in making publicly available the re-
port under paragraph (1) and the data under 
paragraph (2), shall anonymize any personally 
identifying information related to the demo-
2175 
graphic information collected under subsection 
(a). 
‘‘(e) BIENNIAL REPORT.—Not later than 2 years 
after the date of enactment of this section, and every 2 
years thereafter, the Director shall submit to Congress a 
biennial report that evaluates the data collection process 
under this section, ease of access to the information by 
the public, and recommendations on how to improve data 
collection.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of sections at the beginning of chapter 11 of 
title 35, United States Code, is amended by adding at the 
end the following: 
‘‘124. Collection of demographic information for patent inventors.’’. 
SEC. 80103. STOPPING HARMFUL OFFERS ON PLATFORMS 
BY SCREENING AGAINST FAKES IN E-COM-
MERCE. 
(a) CONTRIBUTORY LIABILITY
FOR ELECTRONIC 
COMMERCE PLATFORMS.—Section 32 of the Act entitled 
‘‘An Act to provide for the registration and protection of 
trademarks used in commerce, to carry out the provisions 
of certain international conventions, and for other pur-
poses’’, approved July 5, 1946 (commonly known as the 
‘‘Trademark Act of 1946’’) (15 U.S.C. 1114), is amended 
by adding at the end the following:
2176 
‘‘(4)(A) An electronic commerce platform shall 
be contributorily liable in a civil action under para-
graph (1) for a case in which a third-party seller 
uses in commerce a counterfeit mark in connection 
with the sale, offering for sale, distribution, or ad-
vertising of goods that implicate health and safety 
on the platform, unless the platform demonstrates 
that the platform took each of the following steps to 
prevent such use on the platform before any infring-
ing act by the third-party seller: 
‘‘(i) Determined after a reasonable inves-
tigation, 
and 
reasonably 
periodically 
con-
firmed— 
‘‘(I) that the third-party seller des-
ignated a registered agent in the United 
States for service of process; or 
‘‘(II) in the case of third-party seller 
located in the United States that has not 
designated a registered agent under sub-
clause (I), that the third-party seller has 
designated a verified address for service of 
process in the United States. 
‘‘(ii) Verified through reliable documenta-
tion, including to the extent possible some form 
of government-issued identification, the iden-
2177 
tity, principal place of business, and contact in-
formation of the third-party seller. 
‘‘(iii) Except as provided for in subpara-
graph (C), required the third-party seller to— 
‘‘(I) take reasonable steps to verify 
the authenticity of goods on or in connec-
tion with which a registered mark is used; 
and 
‘‘(II) attest to the platform that the 
third-party seller has taken reasonable 
steps under subclause (I) to verify the au-
thenticity of the goods. 
‘‘(iv) Imposed on the third-party seller as 
a condition of participating on the platform 
contractual requirements that— 
‘‘(I) the third-party seller agrees not 
to use a counterfeit mark in connection 
with the sale, offering for sale, distribu-
tion, or advertising of goods on the plat-
form; 
‘‘(II) the third-party seller consents to 
the jurisdiction of United States courts 
with respect to claims related to participa-
tion by the third-party seller on the plat-
form; and
2178 
‘‘(III) the third-party seller designates 
an agent for service of process in the 
United States, or, in the case of third- 
party seller located in the United States, 
the third-party seller designates a verified 
address for service of process in the United 
States. 
‘‘(v) Displayed conspicuously on the plat-
form the verified principal place of business, 
contact information, and identity of the third- 
party seller, and the country from which the 
goods were originally shipped from the third- 
party seller, except the platform shall not be re-
quired to display any such information that 
constitutes the personal identity of an indi-
vidual, a residential street address, or personal 
contact information of an individual, and in 
such cases shall instead provide alternative, 
verified means of contacting the third-party 
seller. 
‘‘(vi) Except as provided for in subpara-
graph (C), displayed conspicuously in each list-
ing the country of origin and manufacture of 
the goods as identified by the third-party seller, 
unless such information was not reasonably
2179 
available to the third-party seller and the third- 
party seller has identified to the platform the 
steps it undertook to identify the country of ori-
gin and manufacture of the goods and the rea-
sons it was unable to identify the same. 
‘‘(vii) Required each third-party seller to 
use images that accurately depict the goods 
sold, offered for sale, distributed, or advertised 
on the platform. 
‘‘(viii) Implemented at no charge from the 
platform to the registrant reasonable proactive 
measures for screening goods before displaying 
the goods to the public to prevent the use by 
any third-party seller of a counterfeit mark in 
connection with the sale, offering for sale, dis-
tribution, or advertising of goods on the plat-
form. The determination of whether proactive 
measures are reasonable shall consider the size 
and resources of a platform, the available tech-
nological and non-technological solutions at the 
time of screening, the information provided by 
the registrant to the platform, and any other 
factor considered relevant by a court. 
‘‘(ix) Provided reasonably accessible elec-
tronic means by which a registrant and con-
2180 
sumer can notify the platform of suspected use 
of a counterfeit mark. 
‘‘(x) Implemented at no charge from the 
platform to the registrant a program to expedi-
tiously disable or remove from the platform any 
listing for which a platform has reasonable 
awareness of use of a counterfeit mark in con-
nection with the sale, offering for sale, distribu-
tion, or advertising of goods. Reasonable aware-
ness of use of a counterfeit mark may be in-
ferred based on information regarding the use 
of a counterfeit mark on the platform generally, 
general information about the third-party seller, 
identifying characteristics of a particular list-
ing, or other circumstances as appropriate. A 
platform may reinstate a listing disabled or re-
moved under this clause if, after an investiga-
tion, the platform reasonably determines that a 
counterfeit mark was not used in the listing. A 
reasonable decision to reinstate a listing shall 
not be a basis for finding that a platform failed 
to comply with this clause. 
‘‘(xi) Implemented a publicly available, 
written policy that requires termination of a 
third-party seller that reasonably has been de-
2181 
termined to have engaged in repeated use of a 
counterfeit mark in connection with the sale, of-
fering for sale, distribution, or advertising of 
goods on the platform. Use of a counterfeit 
mark by a third-party seller in 3 separate list-
ings within 1 year typically shall be considered 
repeated use, but a platform may allow a third- 
party seller to remain active after repeated use 
of a counterfeit mark when reasonable miti-
gating circumstances exist. The determination 
of whether reasonable mitigating circumstances 
exist shall consider the overall activity of the 
third-party seller, efforts the third-party seller 
has taken to cure supply-chain concerns, efforts 
the third-party takes to resolve disputes once 
notified of a concern, and any other factor con-
sidered relevant by a court. A platform may re-
instate a third-party seller if, after an investiga-
tion, the platform reasonably determines that 
the third-party seller did not engage in repeated 
use of a counterfeit mark or that reasonable 
mitigating circumstances existed. A reasonable 
decision to reinstate a third-party seller shall 
not be a basis for finding that a platform failed 
to comply with this clause.
2182 
‘‘(xii) Implemented at no charge from the 
platform to the registrant reasonable measures 
for screening third-party sellers to ensure that 
sellers who have been terminated do not rejoin 
or remain on the platform under a different 
seller identity or alias. The determination of 
whether screening measures are reasonable 
shall consider the size and resources of a plat-
form, the available technological and non-tech-
nological solutions at the time of screening, and 
any other factor considered relevant by a court. 
‘‘(xiii) Provided a verified basis to contact 
a third-party seller upon request by a registrant 
that has a bona fide belief that the seller has 
used a counterfeit mark in connection with the 
sale, offering for sale, distribution, or adver-
tising of goods on the platform except that the 
platform is not required to provide information 
that constitutes the personal identity of an indi-
vidual, a residential street address, or personal 
contact information of an individual (in such 
case, the provider shall provide an alternative 
means of contacting the third-party seller). 
‘‘(B)(i) This paragraph shall apply—
2183 
‘‘(I) to an electronic commerce platform 
that has sales on the platform in the previous 
calendar year of not less than $500,000; or 
‘‘(II) to an electronic commerce platform 
with less than $500,000 in sales in the previous 
calendar year, 6 months after the platform has 
received 10 notices, in aggregate, that qualify 
under clause (ii). 
‘‘(ii) To count toward the aggregate 10-notice 
threshold under clause (i)(II), a notice shall— 
‘‘(I) include a reference to this paragraph; 
‘‘(II) include an explicit notification of the 
10-notice limit and the requirement of the plat-
form to publish the information in clause (iii); 
and 
‘‘(III) identify a listing on the platform 
that reasonably could be determined to have 
used a counterfeit mark in connection with the 
sale, offering for sale, distribution, or adver-
tising of goods that implicate health and safety. 
‘‘(iii) Not later than 1 month after the date on 
which a platform described in clause(i)(II) receives 
the first notice described under clause (ii), the plat-
form shall make publicly available an attestation 
that the sales on the platform in the previous cal-
2184 
endar year were less than $500,000 and an aggre-
gate count of the notices that qualify under clause 
(ii). Such count shall be updated upon receipt of ad-
ditional notices. 
‘‘(C) Notwithstanding clauses (iii) and (vi) of 
subparagraph (A), a platform is exempt from the re-
quirements of such clauses for goods, on or in con-
nection with which a registered mark is used, sold, 
offered for sale, or advertised by a third-party seller 
for less than $5,000 if the third-party seller sells, of-
fers for sale, or advertises on the platform 5 or 
fewer goods of the same type in connection with the 
same mark in a 1-year period. 
‘‘(D) This paragraph may not be construed to 
limit liability in contexts other than those described 
in this paragraph, including any cause of action 
available under any other provision of this Act, not-
withstanding that the same facts may give rise to a 
claim under this paragraph. 
‘‘(E) With respect to fiscal year 2024, and each 
fiscal year thereafter, the amounts in subparagraphs 
(B) and (C) shall be increased each year by an 
amount equal to the percentage increase, if any, in 
the Consumer Price Index. 
‘‘(F) In this paragraph:
2185 
‘‘(i) The term ‘counterfeit mark’ has the 
meaning given that term in section 34(d)(1)(B). 
‘‘(ii) The term ‘electronic commerce plat-
form’ means any electronically accessed plat-
form that includes publicly interactive features 
that allow for arranging the sale or purchase of 
goods, or that enables a person other than an 
operator of the platform to sell or offer to sell 
physical goods to consumers located in the 
United States. 
‘‘(iii) The term ‘goods that implicate 
health and safety’ means goods the use of 
which can lead to illness, disease, injury, serious 
adverse event, allergic reaction, or death if pro-
duced without compliance with all applicable 
Federal, State, and local health and safety reg-
ulations and industry-designated testing, safety, 
quality, certification, manufacturing, packaging, 
and labeling standards. 
‘‘(iv) The term ‘third-party seller’ means a 
person other than the electronic commerce plat-
form that uses the platform to arrange for the 
sale or purchase of goods.’’. 
(b) MATERIAL
MISREPRESENTATIONS
IN
TAKE- 
DOWN NOTICES.—
2186 
(1) AMENDMENT.—The Act entitled ‘‘An Act to 
provide for the registration and protection of trade-
marks used in commerce, to carry out the provisions 
of certain international conventions, and for other 
purposes’’, approved July 5, 1946 (commonly known 
as the ‘‘Trademark Act of 1946’’) is amended by in-
serting after section 32 (15 U.S.C. 1114), the fol-
lowing new section: 
‘‘SEC. 32A. MATERIAL MISREPRESENTATIONS IN TAKE- 
DOWN NOTICES. 
‘‘(a) CIVIL LIABILITY.—Any person who knowingly 
makes any material misrepresentation in a notice to an 
electronic commerce platform that a counterfeit mark was 
used in a listing by a third party seller for goods that 
implicate health and safety shall be liable in a civil action 
for damages by the third-party seller that is injured by 
such misrepresentation, as the result of the electronic 
commerce platform relying upon such misrepresentation 
to remove or disable access to the listing, including tem-
porary removal or disablement. 
‘‘(b) ACTION
BY ELECTRONIC COMMERCE PLAT-
FORM.— 
‘‘(1) AUTHORITY
TO
BRING
ACTION.—If a 
third-party seller who otherwise could bring an ac-
tion under subsection (a), consents and declines to
2187 
file suit, an electronic commerce platform may bring 
an action under subsection (a) against a person who 
knowingly made a material misrepresentation in 10 
or more notices to the platform alleging that a coun-
terfeit mark was used in a listing by a third party 
seller for goods that implicate health and safety. 
‘‘(2) CONSENT BY THIRD-PARTY SELLER RE-
QUIRED.—Consent shall be obtained in writing from 
each third-party seller to which the notices covered 
by the civil action were directed. 
‘‘(3) CONTENTS OF CONSENT.—The consent by 
a third-party seller shall be made in specific ref-
erence to a particular notice after the notice has 
been filed with the electronic commerce platform and 
removal or disablement has occurred. 
‘‘(c) STATUTORY DAMAGES.—Any person who brings 
a claim under this section may elect, at any time before 
final judgment is rendered by the trial court, to recover, 
instead of actual damages, statutory damages in the 
amount of— 
‘‘(1) not less than $2,500 or more than 
$15,000 per notice containing a knowing, material 
misrepresentation; or
2188 
‘‘(2) if aggravating circumstances exist, not less 
than $15,000 or more than $75,000 per notice con-
taining a knowing, material misrepresentation. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) COUNTERFEIT MARK.—The term ‘counter-
feit mark’ has the meaning given that term in sec-
tion 34(d)(1)(B). 
‘‘(2) 
ELECTRONIC
COMMERCE
PLATFORM; 
GOODS
THAT
IMPLICATE
HEALTH
AND
SAFETY; 
THIRD-PARTY SELLER.—The terms ‘electronic com-
merce platform’, ‘goods that implicate health and 
safety’, and ‘third-party seller’ have the meaning 
given those terms in section 32(4)(F).’’. 
(2) TECHNICAL
AND
CONFORMING
AMEND-
MENT.—Section 35(a) of the Act entitled ‘‘An Act to 
provide for the registration and protection of trade-
marks used in commerce, to carry out the provisions 
of certain international conventions, and for other 
purposes’’, approved July 5, 1946 (commonly known 
as the ‘‘Trademark Act of 1946’’) (15 U.S.C. 
1117(a)) is amended by inserting after ‘‘under sec-
tion 43(a) or (d),’’ the following: ‘‘a violation under 
subsection (a) or (b) of section 32A,’’.
2189 
(c) EFFECTIVE DATE.—This section, and the amend-
ments made by this section, shall take effect on the date 
that is 1 year after the date of the enactment of this Act. 
TITLE 
II—SUBCOMMITTEE 
ON 
ANTITRUST, 
COMMERCIAL 
AND ADMINISTRATIVE LAW 
SEC. 80201. PREMERGER NOTIFICATION FILING FEES. 
Section 605 of Public Law 101–162 (15 U.S.C. 18a 
note) is amended— 
(1) in subsection (b)— 
(A) in paragraph (1)— 
(i) by striking ‘‘$45,000’’ and insert-
ing ‘‘$30,000’’; 
(ii) by striking ‘‘$100,000,000’’ and 
inserting ‘‘$161,500,000’’; 
(iii) by striking ‘‘2004’’ and inserting 
‘‘2022’’; and 
(iv) by striking ‘‘2003’’ and inserting 
‘‘2021’’; 
(B) in paragraph (2)— 
(i) by striking ‘‘$125,000’’ and insert-
ing ‘‘$100,000’’; 
(ii) by striking ‘‘$100,000,000’’ and 
inserting ‘‘$161,500,000’’;
2190 
(iii) by striking ‘‘but less’’ and insert-
ing ‘‘but is less’’; and 
(iv) by striking ‘‘and’’ at the end; 
(C) in paragraph (3)— 
(i) by striking ‘‘$280,000’’ and insert-
ing ‘‘$250,000’’; and 
(ii) by striking the period at the end 
and 
inserting 
‘‘but 
is 
less 
than 
$1,000,000,000 (as so adjusted and pub-
lished);’’; and 
(D) by adding at the end the following: 
‘‘(4) $400,000 if the aggregate total amount 
determined under section 7A(a)(2) of the Clayton 
Act (15 U.S.C. 18a(a)(2)) is not less than 
$1,000,000,000 (as so adjusted and published) but 
is less than $2,000,000,000 (as so adjusted and 
published); 
‘‘(5) $800,000 if the aggregate total amount 
determined under section 7A(a)(2) of the Clayton 
Act (15 U.S.C. 18a(a)(2)) is not less than 
$2,000,000,000 (as so adjusted and published) but 
is less than $5,000,000,000 (as so adjusted and 
published); and 
‘‘(6) $2,250,000 if the aggregate total amount 
determined under section 7A(a)(2) of the Clayton
2191 
Act (15 U.S.C. 18a(a)(2)) is not less than 
$5,000,000,000 (as so adjusted and published).’’; 
and 
(2) by adding at the end the following: 
‘‘(c)(1) For each fiscal year commencing after Sep-
tember 30, 2022, the filing fees in this section shall be 
increased each year by an amount equal to the percentage 
increase, if any, in the Consumer Price Index, as deter-
mined by the Department of Labor or its successor, for 
the year then ended over the level so established for the 
year ending September 30, 2021. 
‘‘(2) As soon as practicable, but not later than Janu-
ary 31 of each year, the Federal Trade Commission shall 
publish the adjusted amounts required by paragraph (1). 
‘‘(3) The Federal Trade Commission shall not adjust 
amounts required by paragraph (1) if the percentage in-
crease described in paragraph (1) is less than 1 percent. 
‘‘(4) An amount adjusted under this section shall be 
rounded to the nearest multiple of $5,000.’’. 
SEC. 80202. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated for fiscal year 
2022— 
(1) $252,000,000 for the Antitrust Division of 
the Department of Justice; and
2192 
(2) $418,000,000 for the Federal Trade Com-
mission. 
SEC. 80203. MERGERS INVOLVING FOREIGN GOVERNMENT 
SUBSIDIES. 
(a) ACCOUNTING FOR FOREIGN GOVERNMENT SUB-
SIDIES.—A person required to file a notification required 
by section 7A of the Clayton Act (15 U.S.C. 18a) that 
received a subsidy from a foreign state shall include in 
such notification a detailed accounting of each such sub-
sidy. 
(b) AUTHORITY OF ANTITRUST REGULATORS.—The 
Federal Trade Commission, with the concurrence of the 
Assistant Attorney General in charge of the Antitrust Di-
vision of the Department of Justice and by rule in accord-
ance with section 553 of title 5, consistent with purposes 
of this section shall require that the notification required 
under subsection (a) be in such form and contain such 
documentary material and information relevant to a pro-
posed acquisition as is necessary and appropriate to enable 
the Federal Trade Commission and the Assistant Attorney 
General in charge of the Antitrust Division of the Depart-
ment of Justice to determine whether such acquisition 
may, if consummated, violate the antitrust laws. 
(c) DEFINITIONS.—For the purposes of this section:
2193 
(1) FOREIGN STATE.—The term ‘‘foreign state’’ 
shall have the meaning given it in section 1603(a) 
of title 28, United States Code. 
(2) SUBSIDY.—The term ‘‘subsidy’’ includes a 
direct subsidy, a grant, a loan (including a below- 
market loan), a loan guarantee, a tax concession, a 
preferential governmental procurement policy, or 
other form of economic support including ownership 
or control by a foreign state. 
(d) EFFECTIVE DATE.—This section shall take effect 
on the date on which the rule described in subsection (b) 
takes effect. 
TITLE III—IMMIGRATION 
PROVISIONS 
SEC. 80301. W VISAS. 
Section 101(a)(15) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(15)) is amended— 
(1) in subparagraph (U)(iii), by striking ‘‘or’’ 
at the end; 
(2) in subparagraph (V)(ii)(II), by striking the 
period at the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(W) subject to—
2194 
‘‘(i) section 218A(a), an alien who is 
an entrepreneur with an ownership interest 
in a start-up entity; 
‘‘(ii) section 218A(b), an alien who is 
or will be an essential employee of a start- 
up entity; or 
‘‘(iii) section 218A(c), the spouse or 
child of an alien described in clause (i) or 
(ii) who is accompanying, or following to 
join, the alien.’’. 
SEC. 80302. START-UP ENTITIES; NONIMMIGRANT ENTRE-
PRENEURS AND EMPLOYEES. 
(a) IN GENERAL.—Chapter 2 of title II of the Immi-
gration and Nationality Act (8 U.S.C. 1181 et seq.) is 
amended by inserting after section 218 the following: 
‘‘SEC. 218A. START-UP ENTITIES; ADMISSION OF NON-
IMMIGRANT ENTREPRENEURS AND EMPLOY-
EES. 
‘‘(a) NONIMMIGRANT ENTREPRENEURS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) PROCEDURES.—The Secretary shall 
establish procedures for an alien to obtain non-
immigrant 
status 
under 
section 
101(a)(15)(W)(i). Such procedures shall include 
a petition filed by the alien that shall be ap-
2195 
proved by the Secretary before a visa may be 
granted. The petition shall be in such form and 
contain such information as the Secretary shall 
prescribe, except that, in the case of an alien 
seeking a change of nonimmigrant classifica-
tion, the petition shall include an option to re-
quest such a change. 
‘‘(B) REQUIRED
ELEMENTS.—The Sec-
retary may approve a petition under subpara-
graph (A) if the Secretary determines that— 
‘‘(i) the alien possesses an ownership 
interest in a start-up entity of not less 
than 10 percent; 
‘‘(ii) the alien will play a central and 
active role in the management or oper-
ations of the start-up entity; 
‘‘(iii) the alien possesses the knowl-
edge, skills, or experience to substantially 
assist the start-up entity with the growth 
and success of its business; and 
‘‘(iv) subject to paragraph (4), the 
start-up entity, during the 18-month pe-
riod preceding the filing of the petition, re-
ceived—
2196 
‘‘(I) at least $250,000 in quali-
fying investments from one or more 
qualified investors; or 
‘‘(II) at least $100,000 in quali-
fying government awards or grants. 
‘‘(C) DURATION.—Status under section 
101(a)(15)(W)(i) shall be valid for an initial pe-
riod of 3 years and may be extended thereafter 
in accordance with this subsection. 
‘‘(2) 3-YEAR
EXTENSION
ELIGIBILITY
CRI-
TERIA.—The Secretary may approve a petition to 
extend the initial status of an alien as a non-
immigrant under section 101(a)(15)(W)(i) for an 
additional 3-year period, if the Secretary determines 
that— 
‘‘(A) the alien— 
‘‘(i) possesses an ownership interest of 
not less than 5 percent in the start-up en-
tity that formed the basis for the alien’s 
initial petition for status as a non-
immigrant under section 101(a)(15)(W)(i); 
and 
‘‘(ii) will continue to play a central 
and active role in the management or oper-
ations of the start-up entity; and
2197 
‘‘(B) subject to paragraph (4), during the 
alien’s initial period of status as a non-
immigrant under section 101(a)(15)(W)(i), the 
start-up entity— 
‘‘(i) received at least $500,000 in ad-
ditional qualifying investments from one or 
more qualified investors, qualifying govern-
ment awards or grants, or a combination 
of such funding; 
‘‘(ii) created at least 5 qualified jobs; 
or 
‘‘(iii) 
generated 
not 
less 
than 
$500,000 in annual revenue in the United 
States and averaged 20 percent in annual 
revenue growth. 
‘‘(3) ADDITIONAL EXTENSIONS IN 1-YEAR IN-
CREMENTS.—With respect to an alien whose status 
as a nonimmigrant under section 101(a)(15)(W)(i) 
was extended under paragraph (2), the Secretary 
may approve not more than 2 additional petitions to 
further extend such status in 1-year increments if 
the Secretary determines that— 
‘‘(A) the alien— 
‘‘(i) possesses an ownership interest in 
the start-up entity that formed the basis
2198 
for the alien’s initial petition for status as 
a 
nonimmigrant 
under 
section 
101(a)(15)(W)(i); and 
‘‘(ii) will continue to play a central 
and active role in the management or oper-
ations of the start-up entity; and 
‘‘(B) the start-up entity has made substan-
tial progress in satisfying the criteria under 
paragraphs (2) and (3) of section 218B(c) and 
is reasonably expected to satisfy such require-
ments within the 1-year period following the ex-
piration of the alien’s status as a nonimmigrant 
under section 101(a)(15)(W)(i). 
‘‘(4) OTHER
COMPARABLE
EVIDENCE.—If a 
start-up entity partially meets one or more of the 
criteria described in paragraph (1)(B)(iv) or (2)(B), 
and the Secretary determines, based on other reli-
able and compelling evidence, that the start-up enti-
ty has substantial potential for rapid growth and job 
creation, the Secretary may grant the applicable pe-
tition. 
‘‘(5) REPORTING OF MATERIAL CHANGES.— 
‘‘(A) IN GENERAL.—An alien with status 
under section 101(a)(15)(W)(i) shall imme-
diately notify the Secretary in writing, in ac-
2199 
cordance with procedures established by the 
Secretary, if he or she will no longer play a cen-
tral and active role in the management or oper-
ations of the start-up entity or ceases to possess 
a qualifying ownership interest in the start-up 
entity. 
‘‘(B) QUALIFYING
OWNERSHIP
INTER-
EST.—For purposes of subparagraph (A), the 
alien will cease to possess a qualifying owner-
ship interest in the start-up entity if— 
‘‘(i) during the initial 3-year period of 
status described in paragraph (1), the 
alien’s ownership interest falls below 5 per-
cent; or 
‘‘(ii) during a period of status de-
scribed in paragraph (2) or (3), the alien 
ceases to maintain any ownership interest. 
‘‘(6) CLARIFICATION.—With respect to an alien 
who establishes a qualifying ownership interest de-
scribed in paragraph (1)(B)(i) in a start-up entity 
and is otherwise eligible for status under section 
101(a)(15)(W)(i) based on such ownership, any time 
previously spent in such status with a different 
start-up entity shall not render the alien ineligible to
2200 
be granted such status in accordance with this sub-
section. 
‘‘(b) NONIMMIGRANT ESSENTIAL EMPLOYEES.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish procedures for a start-up entity that serves as 
the basis for an approved petition under subsection 
(a) to file a petition to grant an alien status as a 
nonimmigrant under section 101(a)(15)(W)(ii). Sta-
tus under such section shall be valid for an initial 
period of 3 years. The Secretary may approve an ini-
tial petition under this paragraph if the Secretary 
determines that the alien— 
‘‘(A) has an offer from the start-up entity 
for employment in an executive capacity or 
managerial capacity; and 
‘‘(B) possesses knowledge, skills, or experi-
ence that are essential to the growth and suc-
cess of the start-up entity. 
‘‘(2) NUMERICAL
LIMITATIONS.—The number 
of aliens with status under section 101(a)(15)(W)(ii) 
who may be employed by a start-up entity at any 
one time may not exceed— 
‘‘(A) 2 such aliens if such entity has 10 or 
fewer full-time employees in the United States;
2201 
‘‘(B) 3 such aliens if such entity has at 
least 11 and not more than 30 full-time employ-
ees in the United States; 
‘‘(C) 4 such aliens if such entity has at 
least 31 and not more than 70 full-time employ-
ees in the United States; and 
‘‘(D) 5 such aliens if such entity has more 
than 70 full-time employees in the United 
States. 
‘‘(3) 3-YEAR EXTENSION.—The Secretary may 
approve a petition to extend the status of an alien 
as a nonimmigrant under section 101(a)(15)(W)(ii) 
for one additional 3-year period if the Secretary de-
termines that the alien continues to meet the criteria 
described in paragraph (1). 
‘‘(4) TERMINATION OF ELIGIBILITY TO PETI-
TION FOR W-2 NONIMMIGRANTS.—A start-up entity’s 
eligibility to submit new petitions for aliens under 
paragraph (1) shall terminate on the date on which 
the start-up entity no longer serves as the basis for 
status 
of 
any 
nonimmigrant 
under 
section 
101(a)(15)(W)(i). 
‘‘(c) SPOUSES AND CHILDREN.— 
‘‘(1) IN GENERAL.—A spouse or children ac-
companying or following to join a principal alien
2202 
with status as a nonimmigrant under clause (i) or 
(ii) of section 101(a)(15)(W) shall be entitled to sta-
tus as a nonimmigrant under clause (iii) of such sec-
tion. 
‘‘(2) EMPLOYMENT
AUTHORIZATION.—In the 
case of an alien spouse with status as a non-
immigrant under section 101(a)(15)(W)(iii), the 
Secretary shall authorize such spouse to engage in 
employment in the United States and provide the 
spouse with an ‘employment authorized’ endorse-
ment or other appropriate work permit. 
‘‘(d) TERMINATION OF NONIMMIGRANT STATUS.— 
‘‘(1) IN GENERAL.—The Secretary shall provide 
written notice to an alien admitted or otherwise 
granted status as a nonimmigrant under clause (i) 
or (ii) of section 101(a)(15)(W) of the Secretary’s 
intent to terminate such status if the Secretary has 
reasonable grounds to believe that— 
‘‘(A) the facts or information contained in 
the petition for such status were not true and 
accurate; 
‘‘(B) the alien failed to timely file or other-
wise comply with the material change reporting 
requirement in subsection (a)(5), if applicable; 
or
2203 
‘‘(C) the petition was erroneously granted. 
‘‘(2) NOTICE AND DECISION.—A notice of in-
tent to terminate issued under paragraph (1) shall 
identify the grounds for termination and provide at 
least 60 days for the alien to submit rebuttal evi-
dence. 
‘‘(e) 
DUAL
INTENT.—Notwithstanding 
section 
214(b), an alien may obtain a visa or be granted status 
under section 101(a)(15)(W) even if such alien intends to 
seek lawful permanent resident status in the United 
States. 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) FULL-TIME EMPLOYEE.—The term ‘full- 
time employee’ means an individual performing serv-
ices in a position that requires a minimum of 35 
working hours per week, and does not include inde-
pendent contractors or combinations of part-time 
employees. 
‘‘(2) QUALIFIED INVESTOR.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B) and consistent with subpara-
graph 
(C), 
the 
term 
‘qualified 
investor’ 
means—
2204 
‘‘(i) an individual who is a United 
States citizen or lawful permanent resident 
of the United States; or 
‘‘(ii) an organization that is located in 
the United States and operates through a 
legal entity that has its principal place of 
business in the United States, that is ma-
jority owned and controlled by United 
States citizens or lawful permanent resi-
dents of the United States, 
which individual or organization regularly 
makes substantial investments in start-up enti-
ties 
that 
subsequently 
exhibit 
substantial 
growth in revenue generation or job creation. 
‘‘(B) EXCEPTIONS.—The term ‘qualified 
investor’ does not include an individual or orga-
nization that has been— 
‘‘(i) permanently or temporarily en-
joined from participating in the offer or 
sale of a security or in the provision of 
services as an investment adviser, broker, 
dealer, municipal securities dealer, govern-
ment securities broker, government securi-
ties dealer, bank, transfer agent or credit 
rating agency;
2205 
‘‘(ii) barred from association with any 
entity involved in the offer or sale of secu-
rities or the provision of such services; or 
‘‘(iii) otherwise found to have partici-
pated in the offer or sale of securities or 
the provision of such services in violation 
of law. 
‘‘(C) 
SUBSTANTIAL
INVESTMENT
HIS-
TORY.—An individual or organization shall be 
considered to regularly make substantial invest-
ments in start-up entities that subsequently ex-
hibit substantial growth in revenue generation 
or job creation if— 
‘‘(i) during the preceding 5 years, the 
individual or organization invested a total 
of not less than $600,000 in start-up enti-
ties in exchange for equity, convertible 
debt, or other security convertible into eq-
uity commonly used in financing trans-
actions within their respective industries; 
and 
‘‘(ii) subsequent to such investment, 
at least 2 such entities each created at 
least 5 qualified jobs or generated at least 
$500,000 
in 
revenue 
with 
average
2206 
annualized revenue growth of at least 20 
percent. 
‘‘(3) QUALIFIED JOB.—The term ‘qualified job’ 
means a job located in the United States that re-
quires a minimum of 35 working hours per week 
that has been filled for at least 1 year by one or 
more qualifying employees. 
‘‘(4) 
QUALIFYING
EMPLOYEE.—The 
term 
‘qualifying employee’ means a United States citizen, 
a lawful permanent resident, or other immigrant 
lawfully authorized to be employed in the United 
States. Such term does not include independent con-
tractors, nonimmigrant entrepreneurs or essential 
start-up employees of the start-up entity, or the par-
ents, spouses, brothers, sisters, sons, or daughters of 
such nonimmigrant entrepreneurs. 
‘‘(5) QUALIFYING
GOVERNMENT
AWARD
OR 
GRANT.—The term ‘qualifying government award or 
grant’ means an award or grant for economic devel-
opment, research and development, or job creation 
(or other similar monetary award typically given to 
start-up entities) made by a Federal, State, or local 
government entity (not including foreign government 
entities) that regularly provides such awards or 
grants to start-up entities. The term does not in-
2207 
clude any contractual commitment for goods or serv-
ices. 
‘‘(6) QUALIFYING INVESTMENT.— 
‘‘(A) IN GENERAL.—The term ‘qualifying 
investment’ means an investment of lawfully de-
rived capital made in good faith in a start-up 
entity that is a purchase from such entity of its 
equity, convertible debt, or other security con-
vertible into its equity that is or becomes com-
monly used in financing transactions within 
such entity’s industry. 
‘‘(B) EXCLUSIONS.—The term ‘qualifying 
investment’ does not include a direct or indirect 
investment from an alien seeking status under 
section 101(a)(15)(W), the parent, spouse, 
brother, sister, son, or daughter of such an 
alien, or any corporation, limited liability com-
pany, partnership, or other entity in which such 
entrepreneur or the parents, spouse, brother, 
sister, son, or daughter of such entrepreneur 
has any direct or indirect ownership interest. 
‘‘(7) SECRETARY.—The term ‘Secretary’ means 
the Secretary of Homeland Security. 
‘‘(8) START-UP
ENTITY.—The term ‘start-up 
entity’ means a United States business entity that
2208 
has lawfully conducted business during any period of 
operation since its formation, and that was formed 
within the 5-year period immediately preceding the 
date the alien files a petition for classification under 
section 101(a)(15)(W)(i). 
‘‘(9) UNITED STATES BUSINESS ENTITY.—The 
term ‘United States business entity’ means any cor-
poration, limited liability company, partnership, or 
other entity that is organized under Federal law or 
the laws of any State, and that conducts business in 
the United States, that is not an investment vehicle 
primarily engaged in the offer, purchase, sale or 
trading of securities, futures contracts, derivatives or 
similar instruments. 
‘‘SEC. 218B. ADMISSION OF IMMIGRANT ENTREPRENEURS. 
‘‘(a) IN GENERAL.—The Secretary shall establish 
procedures for an alien who is eligible under subsection 
(c) to petition for classification as an immigrant entre-
preneur. 
‘‘(b) EXCLUSION FROM NUMERICAL LIMITATIONS.— 
An alien classified as an immigrant entrepreneur under 
this section, and the spouse and children of such alien, 
shall be immediately eligible for immigrant visas and such 
visas shall not be subject to or counted against the numer-
ical limitations under section 201, 202, or 203.
2209 
‘‘(c) ELIGIBILITY CRITERIA.—The Secretary may ap-
prove a petition filed by an alien for classification as an 
immigrant entrepreneur under this section if the Secretary 
determines that— 
‘‘(1) the alien— 
‘‘(A) is present in the United States and 
has maintained status as a nonimmigrant under 
section 
101(a)(15)(W)(i) 
or 
another 
non-
immigrant status pursuant to which the alien is 
employed by a start-up entity (as such term is 
defined in section 218A(f)(8)); 
‘‘(B) has maintained an ownership interest 
in the start-up entity since its formation; and 
‘‘(C) plays an active and central role in the 
management or operations of the start-up enti-
ty; 
‘‘(2) the start-up entity has created at least 10 
qualified jobs (as such term is defined in section 
218A(f)(3)); and 
‘‘(3) the start-up entity has— 
‘‘(A) received not less than a total of 
$1,250,000 in qualifying investments, quali-
fying government grants or awards, or a com-
bination of such funding; or
2210 
‘‘(B) generated not less than $1,000,000 
in annual revenue in the United States in the 
2-year period preceding the filing of the peti-
tion. 
‘‘(d) IMMIGRANT VISA PROCESSING OR ADJUSTMENT 
OF STATUS.—An alien classified as an immigrant entre-
preneur under this section, and the spouse and children 
of such alien, may apply for an immigrant visa in accord-
ance with the procedures described in section 221 or for 
adjustment of status under section 245 if such individuals 
are otherwise eligible for adjustment of status. 
‘‘SEC. 218C. INFLATION ADJUSTMENT; FEES. 
‘‘(a) INFLATION ADJUSTMENT.—The Secretary may 
adjust the monetary amounts described in paragraphs 
(1)(B)(iv) and (2)(B) of section 218A(a) and section 
218B(c)(3) on a biennial basis by the percentage (if any) 
by which the Consumer Price Index for All Urban Con-
sumers for the month of June preceding the date on which 
such adjustment takes effect exceeds the Consumer Price 
Index for All Urban Consumers for the same month of 
the second preceding calendar year. Any such increase 
shall apply to aliens filing petitions on or after the date 
on which the increase takes effect. 
‘‘(b) FEES.—
2211 
‘‘(1) IN GENERAL.—The Secretary may require 
an alien petitioning or applying for any benefit 
under section 218A or 218B to pay a reasonable fee 
that is commensurate with the cost of processing the 
petition or application. 
‘‘(2) SUPPLEMENTAL FEE FOR STEM SCHOLAR-
SHIPS.— 
‘‘(A) IN GENERAL.—In addition to any re-
quired processing fee, the Secretary shall collect 
a $1,000 supplemental fee in connection with 
each petition for classification of an alien as a 
nonimmigrant under section 101(a)(15)(W)(i) 
or as an immigrant under section 218B. 
‘‘(B) USE.—Supplemental fees collected 
under subparagraph (A) shall be credited as 
discretionary offsetting collections to the cur-
rently applicable appropriation, account, or 
fund of the National Science Foundation for 
purposes of providing scholarships for low-in-
come 
individuals 
described 
in 
section 
414(d)(2)(A) of the American Competitiveness 
and Workforce Improvement Act of 1998 (42 
U.S.C. 1869c(2)(A)), and shall be made avail-
able for such purposes only to the extent and
2212 
in the amounts provided in advance in appro-
priations Acts. 
‘‘(3) PREMIUM
PROCESSING.—Subject to any 
reasonable conditions, the Secretary shall establish 
premium processing procedures for petitions or ap-
plications filed under sections 218A and 218B in ac-
cordance with section 286(u) and the Emergency 
Stopgap USCIS Stabilization Act (Public Law 116– 
159).’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents of the Immigration and Nationality Act (8 U.S.C. 
1101 et seq.) is amended by inserting after the item relat-
ing to section 218 the following: 
‘‘Sec. 218A. Start-up entities; admission of nonimmigrant entrepreneurs and 
employees. 
‘‘Sec. 218B. Admission of immigrant entrepreneurs. 
‘‘Sec. 218C. Inflation adjustment; fees.’’. 
SEC. 80303. ADVANCED DEGREE STEM GRADUATES. 
(a) IN GENERAL.—Section 201(b)(1) of the Immi-
gration and Nationality Act (8 U.S.C. 1151(b)(1)) is 
amended by adding at the end the following: 
‘‘(F)(i) Aliens who— 
‘‘(I) are described in paragraph (1) or 
(2) of section 203(b); 
‘‘(II) have earned a doctoral or, in the 
case of an alien who works in a critical in-
dustry (as such term is defined in section
2213 
20209 of the America COMPETES Act of 
2022), a master’s degree in a program of 
study involving science, technology, engi-
neering, or mathematics— 
‘‘(aa) from a qualified United 
States research institution; or 
‘‘(bb) from a foreign institution if 
such degree is the equivalent to a de-
gree issued by a qualified United 
States research institution; and 
‘‘(III) are seeking admission to en-
gage in work in the United States in a 
field related to such degree. 
‘‘(ii) Aliens who are a spouse or child of a prin-
cipal alien described in clause (i), if accompanying or 
following to join the principal alien.’’. 
(b) PROCEDURES.—Section 204(a)(1) of the Immi-
gration and Nationality Act (8 U.S.C. 1154(a)(1)) is 
amended by adding at the end the following: 
‘‘(M)(i) Any alien desiring to be classified under sec-
tion 201(b)(1)(F)(i) may file a petition with the Secretary 
of Homeland Security for such classification. 
‘‘(ii)(I) In addition to any required processing fee, the 
Secretary shall collect a $1,000 supplemental fee in con-
2214 
nection with each petition filed under clause (i) for classi-
fication of an alien under section 201(b)(1)(F)(i). 
‘‘(II) Supplemental fees collected under subclause (I) 
shall be credited as discretionary offsetting collections to 
the currently applicable appropriation, account, or fund of 
the National Science Foundation for purposes of providing 
scholarships for low-income individuals described in sec-
tion 414(d)(2)(A) of the American Competitiveness and 
Workforce Improvement Act of 1998 (42 U.S.C. 
1869c(2)(A)), and shall be made available for such pur-
poses only to the extent and in the amounts provided in 
advance in appropriations Acts. 
‘‘(iii) For purposes of section 201(b)(1)(F)(i): 
‘‘(I) The term ‘historically Black college or uni-
versity’ has the meaning given the term ‘part B in-
stitution’ in section 322 of the Higher Education 
Act of 1965 (20 U.S.C. 1061). 
‘‘(II) The term ‘minority-serving institution’ 
means any of the following (as described in section 
371 of the Higher Education Act of 1965 (20 
U.S.C. 1067q(a))): 
‘‘(aa) A Hispanic-serving institution. 
‘‘(bb) An Alaska Native-serving institution 
or a Native Hawaiian-serving institution. 
‘‘(cc) A Predominantly Black Institution.
2215 
‘‘(dd) An Asian American and Native 
American Pacific Islander-serving institution. 
‘‘(ee) A Native American-serving nontribal 
institution. 
‘‘(III) The term ‘program of study involving 
science, technology, engineering, or mathematics’ 
means a field included in the Department of Edu-
cation’s Classification of Instructional Programs tax-
onomy within the summary groups of agricultural 
sciences, natural resources and conservation, com-
puter and information sciences and support services, 
engineering, biological and biomedical sciences, 
mathematics and statistics, military technologies, 
physical sciences, health professions and related pro-
grams, or medical residency and fellowship pro-
grams, or the summary group subsets of accounting 
and related services and taxation. 
‘‘(IV) The term ‘qualified United States re-
search institution’, when used with respect to an 
alien seeking status under section 201(b)(1)(F)(i), 
means an institution that— 
‘‘(aa) is described in section 101(a) of the 
Higher Education Act of 1965 (20 U.S.C. 
1001(a)); and
2216 
‘‘(bb) for not less than 3 years during the 
period in which such alien was pursuing the 
doctoral degree, either— 
‘‘(AA) 
spent 
not 
less 
than 
$25,000,000 for research and development, 
as determined by the National Center for 
Science and Engineering Statistics of the 
National Science Foundation; or 
‘‘(BB) was classified by the Carnegie 
Foundation for the Advancement of Teach-
ing as a doctorate-granting university with 
a very high level (R1) or high level (R2) of 
research activity and is a historically Black 
college or university or minority-serving in-
stitution.’’. 
(c) DUAL INTENT FOR F NONIMMIGRANTS IN STEM 
FIELDS PERMITTED.—Notwithstanding section 214(b) of 
the Immigration and Nationality Act (8 U.S.C. 1184(b)), 
an alien who is a bona fide student admitted to a program 
of study involving science, technology, engineering, or 
mathematics (as such term is defined in section 
204(a)(1)(M) of such Act), may obtain a visa or be grant-
ed status under section 101(a)(15)(F) of such Act even 
if such alien intends to seek lawful permanent resident 
status in the United States.
2217 
SEC. 80304. CONFORMING AMENDMENTS. 
(a) USE OF FEE FOR LOW-INCOME SCHOLARSHIP 
PROGRAM.—Section 414(d)(4) of the of the American 
Competitiveness and Workforce Improvement Act of 1998 
(42 U.S.C. 1869c(d)(4)) is amended to read as follows: 
‘‘(4) FUNDING.— 
‘‘(A) AMOUNTS DEPOSITED IN H-1B NON-
IMMIGRANT PETITIONER ACCOUNT.——The Di-
rector shall carry out this subsection with funds 
made available under section 286(s)(3) of the 
Immigration and Nationality Act (8 U.S.C. 
1356(s)(3)). The Director may use not more 
than 50 percent of such funds for under-
graduate programs for curriculum development, 
professional and workforce development, and to 
advance technological education. Funds for 
these other programs may be used for purposes 
other than scholarships. 
‘‘(B) 
OTHER
IMMIGRATION
PETITION 
FEES.—Consistent with sections 218C(b)(2)(B) 
and 204(a)(1)(M)(ii)(II) of the Immigration 
and Nationality Act, the Director shall use 
funds made available under such sections to 
award scholarships under this subsection to in-
dividuals described in paragraph (2)(A).’’.
2218 
(b) SUBSEQUENT FINDING OF NON-ENTITLEMENT 
TO CLASSIFICATION.—Section 204(e) of the Immigration 
and Nationality Act (8 U.S.C. 1154(e) is amended by in-
serting ‘‘section 201(b)(1)(F) or’’ before ‘‘subsection 
(a),’’. 
SEC. 80305. RULEMAKING. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this title, the Secretary, in con-
sultation with the Secretary of State and the Secretary 
of Commerce, shall publish in the Federal Register, an 
interim final rule implementing the amendments made by 
this title. Notwithstanding section 553 of title 5, United 
States Code, the rule shall be effective, on an interim 
basis, immediately upon publication, but may be subject 
to change and revision after public notice and opportunity 
for comment. The Secretary shall finalize such rule not 
later than 1 year after the date of the enactment of this 
title. 
(b) DESIGNATED QUALIFIED INVESTORS.—The rule 
described in subsection (a) shall include— 
(1) procedures for individuals and organizations 
to request designation as qualified investors (as such 
term is defined in section 218A(f) of the Immigra-
tion and Nationality Act, as added by this title); and
2219 
(2) streamlined filing procedures for petitions 
to classify an alien as an nonimmigrant under sec-
tion 101(A)(15)(W)(i) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(15)(W)(i)), as added 
by this title, or as an immigrant under section 218B 
of such Act (as so added) based on a start-up entity 
that has received investment capital from one or 
more qualified investors that have been designated 
as such pursuant to the procedures described in 
paragraph (1). 
SEC. 80306. RECIPROCAL VISAS FOR NATIONALS OF SOUTH 
KOREA. 
(a) IN GENERAL.—Section 101(a)(15)(E) of the Im-
migration and Nationality Act (8 U.S.C. 1101(a)(15)(E)) 
is amended— 
(1) in clause (ii), by striking ‘‘or’’ after ‘‘cap-
ital;’’; and 
(2) by adding at the end ‘‘or (iv) solely to per-
form services in a specialty occupation in the United 
States if the alien is a national of the Republic of 
Korea and with respect to whom the Secretary of 
Labor determines and certifies to the Secretary of 
Homeland Security and the Secretary of State that 
the intending employer has filed with the Secretary 
of Labor an attestation under section 212(t)(1);’’.
2220 
(b) NUMERICAL LIMITATION.—Section 214(g) of 
such Act (8 U.S.C. 1184(g)) is amended by adding at the 
end the following: 
‘‘(12)(A) The Secretary of State may not approve a 
number of initial applications submitted for aliens de-
scribed in section 101(a)(15)(E)(iv) that is more than the 
applicable numerical limitations set out in this paragraph. 
‘‘(B) The applicable numerical limitation referred to 
in subparagraph (A) is 15,000 for each fiscal year. 
‘‘(C) The applicable numerical limitation referred to 
in subparagraph (A) shall only apply to principal aliens 
and not the spouses or children of such aliens.’’. 
(c) SPECIALTY
OCCUPATION
DEFINED.—Section 
214(i)(1) of such Act (8 U.S.C. 1184(i)(1)) is amended 
by striking ‘‘section 101(a)(15)(E)(iii),’’ and inserting 
‘‘clauses (iii) and (iv) of section 101(a)(15)(E),’’. 
(d) ATTESTATION.—Section 212(t) of such Act (8 
U.S.C. 1182(t)), as added by section 402(b)(2) of the 
United States-Chile Free Trade Agreement Implementa-
tion Act (Public Law 108–77; 117 Stat. 941), is amend-
ed— 
(1) by striking ‘‘or section 101(a)(15)(E)(iii)’’ 
each place it appears and inserting ‘‘or clause (iii) 
or (iv) of section 101(a)(15)(E)’’; and
2221 
(2) in paragraphs (3)(C)(i)(II), (3)(C)(ii)(II), 
and 
(3)(C)(iii)(II), 
by 
striking 
‘‘or 
101(a)(15)(E)(iii)’’ each place it appears. 
SEC. 80307. SPECIAL IMMIGRANT VISAS FOR CERTAIN FUL-
BRIGHT SCHOLARS. 
(a) SPECIAL
IMMIGRANT
VISAS
FOR
CERTAIN 
SCHOLARS.—Section 602(b) of the Afghan Allies Protec-
tion Act of 2009 (8 U.S.C. 1101 note) is amended— 
(1) in paragraph (1), by striking ‘‘an alien de-
scribed in subparagraph (A), (B), or (C) of para-
graph (2)’’ and inserting ‘‘an alien described in sub-
paragraph (A), (B), (C), or (D) of paragraph (2)’’; 
(2) in paragraph (2)— 
(A) in subparagraph (A)(iii), by striking 
‘‘subparagraph (D)’’ and inserting ‘‘subpara-
graph (E)’’; 
(B) by redesignating subparagraphs (B), 
(C), (D), (E), and (F) as subparagraphs (C), 
(D), (E), (F), and (G), respectively; 
(C) by inserting after subparagraph (A) 
the following: 
‘‘(B) FULBRIGHT AND OTHER SCHOLARS 
AS PRINCIPAL ALIEN.—An alien is described in 
this subparagraph if the alien is a national or 
citizen of Afghanistan and was selected between
2222 
October 7, 2001 and August 31, 2022, to par-
ticipate in— 
‘‘(i) the J. William Fulbright Edu-
cational Exchange Program authorized 
under section 102 of the Mutual Edu-
cational and Cultural Exchange Act of 
1961 (22 U.S.C. 2452(a)(1)) including the 
Fulbright Scholar-in-Residence Grants and 
the Fulbright Foreign Language Teaching 
Assistant Program; 
‘‘(ii) the Hubert H. Humphrey Fel-
lowship Program pursuant to section 
112(a)(2) of the Mutual Educational and 
Cultural Exchange Act of 1961 (22 U.S.C. 
2460(a)(2)); 
‘‘(iii) the International Visitor Leader-
ship 
Program 
pursuant 
to 
section 
112(a)(3) of the Mutual Educational and 
Cultural Exchange Act of 1961 (22 U.S.C. 
2460(a)(3)); or 
‘‘(iv) any other educational or cultural 
exchange activity administered by the Sec-
retary of State pursuant to sections 102 or 
112 of the Mutual Educational and Cul-
tural Exchange Act of 1961 (22 U.S.C.
2223 
2452; 22 U.S.C. 2460) for which the Sec-
retary determines that a participating alien 
is eligible for a special immigrant visa 
under this paragraph.’’; and 
(D) in subparagraph (C), as redesignated 
by subparagraph (B), by striking ‘‘subpara-
graph (A)’’ and inserting ‘‘subparagraph (A) or 
(B)’’; 
(3) in paragraph (4)(C), by striking ‘‘an alien 
described in subparagraph (A), (B), or (C) of para-
graph (2)’’ and inserting ‘‘an alien described in sub-
paragraph (A), (B), (C), or (D) of paragraph (2)’’; 
(4) in paragraph (5), by striking ‘‘an alien de-
scribed in subparagraph (A), (B), or (C) of para-
graph (2)’’ and inserting ‘‘an alien described in sub-
paragraph (A), (B), (C), or (D) of paragraph (2)’’; 
(5) in paragraph (6), by striking ‘‘an alien de-
scribed in subparagraph (A), (B), or (C) of para-
graph (2)’’ and inserting ‘‘an alien described in sub-
paragraph (A), (B), (C), or (D) of paragraph (2)’’; 
and 
(6) in paragraph (9), by striking ‘‘an alien de-
scribed in subparagraph (A), (B), or (C) of para-
graph (2)’’ and inserting ‘‘an alien described in sub-
paragraph (A), (B), (C), or (D) of paragraph (2)’’.
2224 
(b) NUMERICAL LIMITATIONS.—Section 602(b)(3) of 
the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 
note) is amended— 
(1) by redesignating subparagraphs (B), (C), 
(D), (E), and (F) as subparagraphs (C), (D), (E), 
(F), and (G), respectively; 
(2) by inserting after subparagraph (A) the fol-
lowing new subparagraph: 
‘‘(B) FULBRIGHT
AND
OTHER
SCHOL-
ARS.—An alien provided immigrant status pur-
suant to subparagraph (2)(B) shall not be 
counted against any numerical limitation under 
this section, or section 201, 202, 203, or 207 
of the Immigration and Nationality Act (8 
U.S.C. 1151, 1152, 1153, and 1157).’’; 
(3) in subparagraph (E), as redesignated by 
paragraph (1),— 
(A) by striking ‘‘paragraph (C)’’ and in-
serting ‘‘subparagraph (D)’’; and 
(B) by striking ‘‘subsection (b)(2)(D)’’ and 
inserting ‘‘paragraph (2)(E)’’; 
(4) in subparagraph (F), as redesignated by 
paragraph (1),— 
(A) by striking ‘‘paragraph (2)(D)’’ and 
inserting ‘‘paragraph (2)(E)’’; and
2225 
(B) by striking ‘‘subparagraph (D)’’ each 
place that it appears and inserting ‘‘subpara-
graph (E)’’; and 
(5) in subparagraph (G), as redesignated by 
paragraph (1), by striking ‘‘subparagraphs (D) and 
(E)’’ and inserting ‘‘subparagraphs (E) and (F)’’. 
SEC. 80308. CITIZENSHIP FOR CERTAIN CHILDREN BORN 
OUTSIDE THE UNITED STATES. 
(a) IN GENERAL.—Section 104 of the Child Citizen-
ship Act of 2000 (8 U.S. C. 1431 note) is amended to 
read as follows: 
‘‘SEC. 104. EFFECTIVE DATE. 
‘‘The amendments made by this title shall take effect 
120 days after the date of the enactment of this Act and 
shall apply— 
‘‘(1) to individuals who satisfy the requirements 
of section 320 of the Immigration and Nationality 
Act (8 U.S.C. 1431), before, on, or after the date 
of the enactment of this Act; and 
‘‘(2) to individuals who satisfy the requirements 
of section 322 (8 U.S.C. 1433) of the Immigration 
and Nationality Act, as in effect on such effective 
date.’’. 
(b) EFFECTIVE DATE.—
2226 
(1) IN GENERAL.—The amendments made by 
this section shall take effect on the date of the en-
actment of this section. 
(2) LIMITATION.—An individual who, before the 
date of the enactment of the Child Citizenship Act 
of 2000 (Public Law 106–395), satisfied the re-
quirements of section 320(a) of the Immigration and 
Nationality Act (8 U.S.C. 1431(a)), or section 
320(b) of such Act, if applicable, is deemed to be a 
citizen of the United States as of the date of the en-
actment of this section if such individual is not a cit-
izen of the United States under any other Act. 
SEC. 80309. FOREIGN CORRUPTION ACCOUNTABILITY. 
(a) FINDINGS.—Congress finds the following: 
(1) When public officials and their allies use the 
mechanisms of government to engage in extortion or 
bribery, they impoverish their countries’ economic 
health and harm citizens. 
(2) By empowering the United States Govern-
ment to hold to account foreign public officials and 
their associates who engage in extortion or bribery, 
the United States can deter malfeasance and ulti-
mately serve the citizens of fragile countries suffo-
cated by corrupt bureaucracies.
2227 
(3) The Special Inspector General for Afghan 
Reconstruction’s 2016 report ‘‘Corruption in Con-
flict: Lessons from the U.S. Experience in Afghani-
stan’’ included the recommendation, ‘‘Congress 
should consider enacting legislation that authorizes 
sanctions against foreign government officials or 
their associates who engage in corruption.’’. 
(b) AUTHORIZATION
OF
IMPOSITION
OF
SANC-
TIONS.— 
(1) IN GENERAL.—The Secretary of State may 
impose the sanctions described in paragraph (2) 
with respect to any foreign person who is an indi-
vidual the Secretary of State determines— 
(A) engages in public corruption activities 
against a United States person, including— 
(i) soliciting or accepting bribes; 
(ii) using the authority of the state to 
extort payments; or 
(iii) engaging in extortion; or 
(B) conspires to engage in, or knowingly 
and materially assists, sponsors, or provides sig-
nificant financial, material, or technological 
support for any of the activities described in 
subparagraph (A). 
(2) SANCTIONS DESCRIBED.—
2228 
(A) 
INADMISSIBILITY
TO
UNITED 
STATES.—A foreign person who is subject to 
sanctions under this section shall be— 
(i) inadmissible to the United States; 
(ii) ineligible to receive a visa or other 
documentation to enter the United States; 
and 
(iii) otherwise ineligible to be admitted 
or paroled into the United States or to re-
ceive any other benefit under the Immigra-
tion and Nationality Act (8 U.S.C. 1101 et 
seq.). 
(B) CURRENT VISAS REVOKED.— 
(i) IN GENERAL.—The visa or other 
entry documentation of a foreign person 
who is subject to sanctions under this sec-
tion shall be revoked regardless of when 
such visa or other entry documentation is 
issued. 
(ii) EFFECT OF REVOCATION.—A rev-
ocation under clause (i) shall— 
(I) take effect immediately; and 
(II) automatically cancel any 
other valid visa or entry documenta-
2229 
tion that is in the foreign person’s 
possession. 
(3) EXCEPTION
TO
COMPLY
WITH
LAW
EN-
FORCEMENT OBJECTIVES AND AGREEMENT REGARD-
ING HEADQUARTERS OF UNITED NATIONS.—Sanc-
tions described under paragraph (2) shall not apply 
to a foreign person if admitting the person into the 
United States— 
(A) would further important law enforce-
ment objectives; or 
(B) is necessary to permit the United 
States to comply with the Agreement regarding 
the Headquarters of the United Nations, signed 
at Lake Success June 26, 1947, and entered 
into force November 21, 1947, between the 
United Nations and the United States, or other 
applicable international obligations of the 
United States. 
(4) TERMINATION
OF
SANCTIONS.—The Sec-
retary of State may terminate the application of 
sanctions under this subsection with respect to a for-
eign person if the Secretary of State determines and 
reports to the appropriate congressional committees 
not later than 15 days before the termination of the 
sanctions that—
2230 
(A) the person is no longer engaged in the 
activity that was the basis for the sanctions or 
has taken significant verifiable steps toward 
stopping the activity; 
(B) the Secretary of State has received re-
liable assurances that the person will not know-
ingly engage in activity subject to sanctions 
under this part in the future; or 
(C) the termination of the sanctions is in 
the national security interests of the United 
States. 
(5) REGULATORY AUTHORITY.—The Secretary 
of State shall issue such regulations, licenses, and 
orders as are necessary to carry out this subsection. 
(6) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES DEFINED.—In this subsection, the term ‘‘ap-
propriate congressional committees’’ means— 
(A) the Committee on the Judiciary and 
the Committee on Foreign Affairs of the House 
of Representatives; and 
(B) the Committee on the Judiciary and 
the Committee on Foreign Relations of the Sen-
ate. 
(c) REPORTS TO CONGRESS.—
2231 
(1) IN GENERAL.—The Secretary of State shall 
submit to the appropriate congressional committees, 
in accordance with paragraph (2), a report that in-
cludes— 
(A) a list of each foreign person with re-
spect to whom the Secretary of State imposed 
sanctions pursuant to subsection (b) during the 
year preceding the submission of the report; 
(B) the number of foreign persons with re-
spect to which the Secretary of State— 
(i) imposed sanctions under sub-
section (b)(1) during that year; and 
(ii) terminated sanctions under sub-
section (b)(4) during that year; 
(C) the dates on which such sanctions were 
imposed or terminated, as the case may be; 
(D) the reasons for imposing or termi-
nating such sanctions; 
(E) the total number of foreign persons 
considered under subsection (b)(3) for whom 
sanctions were not imposed; and 
(F) recommendations as to whether the 
imposition of additional sanctions would be an 
added deterrent in preventing public corruption. 
(2) DATES FOR SUBMISSION.—
2232 
(A) INITIAL
REPORT.—The Secretary of 
State shall submit the initial report under para-
graph (1) not later than 120 days after the 
date of the enactment of this Act. 
(B) SUBSEQUENT
REPORTS.—The Sec-
retary of State shall submit a subsequent report 
under paragraph (1) on December 10, or the 
first day thereafter on which both Houses of 
Congress are in session, of— 
(i) the calendar year in which the ini-
tial report is submitted if the initial report 
is submitted before December 10 of that 
calendar year; and 
(ii) each calendar year thereafter. 
(3) FORM OF REPORT.— 
(A) IN
GENERAL.—Each report required 
by paragraph (1) shall be submitted in unclassi-
fied form, but may include a classified annex. 
(B) EXCEPTION.—The name of a foreign 
person to be included in the list required by 
paragraph (1)(A) may be submitted in the clas-
sified annex authorized by subparagraph (A) 
only if the Secretary of State—
2233 
(i) determines that it is vital for the 
national security interests of the United 
States to do so; and 
(ii) uses the annex in a manner con-
sistent with congressional intent and the 
purposes of this section. 
(4) PUBLIC AVAILABILITY.— 
(A) IN
GENERAL.—The unclassified por-
tion of the report required by paragraph (1) 
shall be made available to the public, including 
through publication in the Federal Register. 
(B) NONAPPLICABILITY
OF
CONFIDEN-
TIALITY REQUIREMENT WITH RESPECT TO VISA 
RECORDS.—The Secretary of State shall publish 
the list required by paragraph (1)(A) without 
regard to the requirements of section 222(f) of 
the Immigration and Nationality Act (8 U.S.C. 
1202(f)) with respect to confidentiality of 
records pertaining to the issuance or refusal of 
visas or permits to enter the United States. 
(5) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES DEFINED.—In this subsection, the term ‘‘ap-
propriate congressional committees’’ means—
2234 
(A) the Committee on Foreign Affairs, and 
the Committee on the Judiciary of the House of 
Representatives; and 
(B) the Committee on Foreign Relations, 
and the Committee on the Judiciary of the Sen-
ate. 
(d) SUNSET.— 
(1) IN
GENERAL.—The authority to impose 
sanctions under subsection (b) and the requirements 
to submit reports under subsection (c) shall termi-
nate on the date that is 6 years after the date of en-
actment of this Act. 
(2) CONTINUATION
IN
EFFECT
OF
SANC-
TIONS.—Sanctions imposed under subsection (b) on 
or before the date specified in paragraph (1), and in 
effect as of such date, shall remain in effect until 
terminated in accordance with the requirements of 
subsection (b)(4). 
(e) DEFINITIONS.—In this section: 
(1) ENTITY.—The term ‘‘entity’’ means a part-
nership, association, trust, joint venture, corpora-
tion, group, subgroup, or other organization. 
(2) FOREIGN PERSON.—The term ‘‘foreign per-
son’’ means a person that is not a United States 
person.
2235 
(3) 
UNITED
STATES
PERSON.—The 
term 
‘‘United States person’’ means a person that is a 
United States citizen, permanent resident alien, enti-
ty organized under the laws of the United States or 
any jurisdiction within the United States (including 
foreign branches), or any person in the United 
States. 
(4) PERSON.—The term ‘‘person’’ means an in-
dividual or entity. 
(5) PUBLIC
CORRUPTION.—The term ‘‘public 
corruption’’ means the unlawful exercise of entrusted 
public power for private gain, including by bribery, 
nepotism, fraud, or embezzlement. 
TITLE IV—ADMISSION OF ESSEN-
TIAL SCIENTISTS AND TECH-
NICAL EXPERTS 
SEC. 80401. ADMISSION OF ESSENTIAL SCIENTISTS AND 
TECHNICAL EXPERTS TO PROMOTE AND PRO-
TECT 
NATIONAL 
SECURITY 
INNOVATION 
BASE. 
(a) SPECIAL IMMIGRANT STATUS.—In accordance 
with the procedures established under subsection (f)(1), 
and subject to subsection (c)(1), the Secretary of Home-
land Security may provide an alien described in subsection 
(b) (and the spouse and children of the alien if accom-
2236 
panying or following to join the alien) with the status of 
a special immigrant under section 101(a)(27) of the Immi-
gration and Nationality Act (8 U.S.C. 1101(a)(27)), if the 
alien— 
(1) submits a classification petition under sec-
tion 
204(a)(1)(G)(i) 
of 
such 
Act 
(8 
U.S.C. 
1154(a)(1)(G)(i)); and 
(2) is otherwise eligible to receive an immigrant 
visa and is otherwise admissible to the United States 
for permanent residence. 
(b) ALIENS DESCRIBED.—An alien is described in 
this subsection if— 
(1) the alien— 
(A) is employed by a United States em-
ployer and engaged in work to promote and 
protect the National Security Innovation Base; 
(B) is engaged in basic or applied re-
search, funded by the Department of Defense, 
through a United States institution of higher 
education (as defined in section 101 of the 
Higher Education Act of 1965 (20 U.S.C. 
1001)); or 
(C) possesses scientific or technical exper-
tise that will advance the development of crit-
ical technologies identified in the National De-
2237 
fense Strategy or the National Defense Science 
and Technology Strategy, required by section 
218 of the John S. McCain National Defense 
Authorization Act for Fiscal Year 2019 (Public 
Law 115–232; 132 Stat. 1679); and 
(2) the Secretary of Defense issues a written 
statement to the Secretary of Homeland Security 
confirming that the admission of the alien is essen-
tial to advancing the research, development, testing, 
or evaluation of critical technologies described in 
paragraph (1)(C) or otherwise serves national secu-
rity interests. 
(c) NUMERICAL LIMITATIONS.— 
(1) IN GENERAL.—The total number of prin-
cipal aliens who may be provided special immigrant 
status under this section may not exceed— 
(A) 10 in each of fiscal years 2022 
through 2030; and 
(B) 100 in fiscal year 2031 and each fiscal 
year thereafter. 
(2) EXCLUSION
FROM
NUMERICAL
LIMITA-
TION.—Aliens provided special immigrant status 
under this section shall not be counted against the 
numerical limitations under sections 201(d), 202(a),
2238 
and 203(b)(4) of the Immigration and Nationality 
Act (8 U.S.C. 1151(d), 1152(a), and 1153(b)(4)). 
(d) DEFENSE COMPETITION FOR SCIENTISTS AND 
TECHNICAL EXPERTS.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall develop and implement a process to select, on a com-
petitive basis from among individuals described in sub-
section (b), individuals for recommendation to the Sec-
retary of Homeland Security for special immigrant status 
described in subsection (a). 
(e) AUTHORITIES.—In carrying out this section, the 
Secretary of Defense shall authorize appropriate personnel 
of the Department of Defense to use all personnel and 
management authorities available to the Department, in-
cluding the personnel and management authorities pro-
vided to the science and technology reinvention labora-
tories, the Major Range and Test Facility Base (as de-
fined in 196(i) of title 10, United States Code), and the 
Defense Advanced Research Projects Agency. 
(f) PROCEDURES.—Not later than 360 days after the 
date of the enactment of this Act, the Secretary of Home-
land Security and Secretary of Defense shall jointly estab-
lish policies and procedures implementing the provisions 
in this section, which shall include procedures for—
2239 
(1) processing of petitions for classification sub-
mitted under subsection (a)(1) and applications for 
an immigrant visa or adjustment of status, as appli-
cable; and 
(2) thorough processing of any required secu-
rity clearances. 
(g) FEES.—The Secretary of Homeland Security 
shall establish a fee— 
(1) to be charged and collected to process an 
application filed under this section; and 
(2) that is set at a level that will ensure recov-
ery of the full costs of such processing and any addi-
tional costs associated with the administration of the 
fees collected. 
(h) IMPLEMENTATION
REPORT
REQUIRED.—Not 
later than 180 days after the date of the enactment of 
this Act, the Secretary of Homeland Security and Sec-
retary of Defense shall jointly submit to the appropriate 
congressional committees a report that includes— 
(1) a plan for implementing the authorities pro-
vided under this section; and 
(2) identification of any additional authorities 
that may be required to assist the Secretaries in 
fully implementing section. 
(i) PROGRAM EVALUATION AND REPORT.—