[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7571 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 7571
To establish a regional trade, investment, and people-to-people
partnership of countries in the Western Hemisphere to stimulate growth
and integration through viable long-term private sector development,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 6, 2024
Ms. Salazar (for herself, Mr. Espaillat, and Mr. Gallagher) introduced
the following bill; which was referred to the Committee on Ways and
Means, and in addition to the Committees on Foreign Affairs, Financial
Services, the Judiciary, Rules, Energy and Commerce, and Homeland
Security, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To establish a regional trade, investment, and people-to-people
partnership of countries in the Western Hemisphere to stimulate growth
and integration through viable long-term private sector development,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Americas Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--ADMINISTRATION
Sec. 101. Americas Institute for Digital Governance.
Sec. 102. E-governance framework.
Sec. 103. Additional duties of Institute.
Sec. 104. Funding.
TITLE II--TRADE AND INVESTMENT FOR THE AMERICAS
Subtitle A--Administration
Sec. 201. Partnership agreements.
Sec. 202. Americas Partnership business advisory board.
Sec. 203. Administration.
Sec. 204. Americas Partnership Secretariat.
Sec. 205. Report.
Subtitle B--Trade
Chapter 1--Re-shoring and Near-shoring
Sec. 211. Sense of Congress.
Sec. 212. Incentives for re-shoring and near-shoring of businesses from
People's Republic of China.
Sec. 213. Tax credit for qualifying re-shoring and near-shoring
expenses.
Chapter 2--Free Trade Expansion
Sec. 221. Tariff reciprocity under GATT 1994.
Sec. 222. Expansion of USMCA or establishment of other regional trade
agreement.
Sec. 223. Americas Partnership Threshold Program.
Sec. 224. Expansion of beneficiaries under United States-Caribbean
Basin Trade Partnership Act.
Sec. 225. Exclusion of certain countries from certain preferential
trade treatment.
Sec. 226. Extension of trade promotion authority to Americas partner
countries for purposes of expansion of
USMCA.
Chapter 3--Textile and Apparel
Sec. 231. Textile and apparel grant program.
Sec. 232. Textile reuse and recycling programs.
Sec. 233. Textile production verification teams.
Sec. 234. Tax benefits for apparel and home textile products.
Chapter 4--Trade Enforcement
Sec. 241. Establishment of special enforcement unit of U.S. Customs and
Border Protection to monitor the
implementation of Uyghur Forced Labor
Prevention Act.
Sec. 242. Authorization of payments to whistleblowers relating to money
laundering or illicit financial
transactions.
Sec. 243. Establishment of borders and ports protection program.
Sec. 244. Establishment of mutual recognition agreements and trade
transparency units.
Chapter 5--Medical Equipment and Supplies Grant Program
Sec. 245. Medical equipment and supplies grant program.
Subtitle C--Investment
Sec. 251. Sense of Congress.
Sec. 252. BUILD Americas Unit.
Sec. 253. Americas Partnership Enterprise Fund.
Sec. 254. Near-shoring of strategic supply chains.
Sec. 255. Transformational Energy Development.
Subtitle D--People-to-People Activities
Sec. 261. Humanitarian and business development assistance.
Sec. 262. Department of State.
Sec. 263. Peace Corps.
Sec. 264. American University of the Americas.
Sec. 265. United States Agency for International Development Caribbean
and Latin American Scholarship Program III.
Sec. 266. Concern for Advanced Retired and Elderly nonimmigrant visa
program for aliens who provide direct care
for elderly populations.
Sec. 267. Sense of Congress on TN visa program.
Sec. 268. Assessment of visa waiver program eligibility for Uruguay and
Costa Rica.
Sec. 269. Radio Free Americas.
Sec. 270. Biennial presidential summit.
TITLE III--REVENUE AND FINANCIAL MANAGEMENT
Sec. 301. Re-shoring and Near-shoring Account.
Sec. 302. Modification of treatment of de minimis entries of articles.
TITLE IV--REPORTING AND BRANDING
Sec. 401. Annual report on Americas program.
Sec. 402. Branding and marketing for Americas program.
SEC. 2. DEFINITIONS.
In this Act:
(1) Americas partner country.--The term ``Americas partner
country'' means a county that has entered into a partnership
agreement under section 201.
(2) Americas program.--The term ``Americas program'' means
the provision of assistance to and other activities relating to
Americas partner countries under title II or amendments made by
title II.
(3) BUILD americas unit.--The term ``BUILD Americas Unit''
means the unit of the United States International Development
Finance Corporation established under section 1416 of the BUILD
Act of 2018, as added by section 252.
(4) Near-shore.--The term ``near-shore''--
(A) with respect to an entity, means to move not
less than the equivalent of \2/3\ of the operations of
the entity from the People's Republic of China to one
or more Americas partner countries or other countries
as provided for under title II; and
(B) with respect to a good or service, means to
move not less than the equivalent of \2/3\ of the
production of the good or service from the People's
Republic of China to such countries.
(5) Re-shore.--The term ``re-shore''--
(A) with respect to an entity, means to move not
less than the equivalent of \2/3\ of the operations of
the entity from the People's Republic of China to the
United States; and
(B) with respect to a good or service, means to
move not less than the equivalent of \2/3\ of the
production of the good or service from the People's
Republic of China to the United States.
(6) United states business.--The term ``United States
business'' means an entity--
(A) organized under the laws of the United States
or any jurisdiction within the United States;
(B) with its headquarters based in the United
States (as determined on the date that is 180 days
after the date of the enactment of this Act); and
(C) with more than 25 percent of its business
inside the United States.
(7) United states person.--
(A) In general.--The term ``United States person''
means--
(i) an individual who is a citizen or
resident of the United States; or
(ii) an entity organized under the laws of
the United States or any jurisdiction within
the United States.
(B) Resident.--For purposes of subparagraph (A)(i),
an individual is a resident of the United States if the
individual is authorized to be employed in the United
States.
(8) USMCA.--The term ``USMCA'' has the meaning given that
term in section 3 of the United States-Mexico-Canada Agreement
Implementation Act (19 U.S.C. 4502).
(9) USMCA country.--The term ``USMCA country'' has the
meaning given that term in section 202(a) of the United States-
Mexico-Canada Agreement Implementation Act (19 U.S.C.
4531(a))).
TITLE I--ADMINISTRATION
SEC. 101. AMERICAS INSTITUTE FOR DIGITAL GOVERNANCE.
(a) Establishment.--There is established a nonprofit organization
within the United States to be known as the ``Americas Institute for
Digital Governance'' (in this title referred as the ``Institute''),
which shall be responsible for the development and maintenance of the
e-governance framework established under section 102.
(b) Board of Directors.--
(1) In general.--There shall be in the Institute a Board of
Directors (in this section referred to as the ``Board'').
(2) Membership.--
(A) In general.--The President shall request the
head of government of each Americas partner country to
appoint one member of the Board.
(B) Appointment process.--
(i) United states.--The President shall
appoint the member of the Board representing
the United States.
(ii) Other countries.--The President shall
request the head of government of each Americas
partner country to determine a process for
appointing the member of the Board to represent
that country.
(C) Terms.--A member of the Board shall serve on
the Board for not more than 4 years.
(D) Removal.--
(i) Removal by country represented.--A
member of the Board shall serve at the
discretion of the Americas partner country the
member represents and may be removed pursuant
to a process determined by the government of
that country.
(ii) Removal by board.--A member of the
Board may be removed by a vote of \2/3\ of the
members of the Board.
(E) Vacancies.--In the event that a member of the
Board is removed under subparagraph (D) or dies or is
otherwise deemed unable to serve the remainder of the
term of the member, the government of the Americas
partner country the member represented shall appoint an
individual to serve out the remainder of that term
pursuant to a process determined by that government.
(F) Ethics requirements.--
(i) Financial disclosure.--A member of the
Board shall fully disclose the financial assets
of the member and divest from any holdings,
such as stocks or other equities, that relate
to any private entity that conducts business
with the Institute.
(ii) Blind trust requirement.--A member of
the Board shall place the assets of the member
in a blind trust for the duration of the term
of the member on the Board.
(iii) Prohibition on nepotism.--An
individual may not be appointed as a member of
the Board if a relative of the individual is an
elected official in an Americas partner
country.
(iv) Additional requirements.--The Board
may impose such other ethics and disclosure
requirements as the Board considers
appropriate.
(3) Representation.--Each member of the Board shall have an
equal vote in all matters.
(4) Meetings; quorum.--
(A) Frequency of meetings.--The Board shall meet
not less frequently than once every 90 days.
(B) Quorum.--Members of the Board representing a
majority of the total votes on the Board are required
to be present to constitute a quorum.
(5) Chairperson.--There shall be a chairperson of the
Board, who shall--
(A) be elected by a majority vote of the Board from
among members of the Board; and
(B) preside over meetings of the Board.
(6) Calculation of votes.--For purposes of determining a
majority vote of the Board, vacancies that have not been filled
shall not be counted toward any total.
(7) Access to information.--A member of the Board may
request information from the Institute and provide that
information to the government of the Americas partner country
the member represents unless the chairperson of the Board
determines that sharing that information may violate the
privacy of a user of the e-governance system, endanger cyber
security, or violate any applicable law.
(c) Staff.--
(1) Chief executive.--There shall be a Chief Executive of
the Institute, who--
(A) shall--
(i) be elected and appointed by the
majority vote of the Board; and
(ii) be vested with the full executive
authority of the Institute; and
(B) may be removed by a majority vote of the Board.
(2) Additional employees.--
(A) In general.--The Chief Executive may--
(i) appoint such employees, including
managers, assistant managers, officers,
attorneys, and agents, as the Chief Executive
considers necessary;
(ii) define the compensation (subject to
subparagraph (B)) and duties of those
employees; and
(iii) establish a system of organization to
fix responsibility and promote efficiency.
(B) Salaries.--The salaries of officers and
employees of the Institute shall be equivalent to the
salaries provided for under the General Schedule under
section 5332 of title 5, United States Code.
(C) Salary cap.--No regular officer or employee of
the Institute may receive a salary that exceeds the
salary of the Chief Executive.
(d) Corporate Powers.--Except as otherwise specifically provided in
this Act, the Institute--
(1) shall have succession in its corporate name;
(2) may sue and be sued in its corporate name;
(3) may adopt and use a corporate seal, which shall be
judicially noticed;
(4) may make contracts;
(5) may adopt, amend, and repeal bylaws; and
(6) may purchase or lease, hold, and dispose of such real
and personal property as the Institute deems necessary or
convenient in the transaction of its business.
(e) Nonprofit Organization Defined.--In this section, the term
``nonprofit organization'' means an organization--
(1) described in section 501(c)(3) of the Internal Revenue
Code of 1986; and
(2) exempt from tax under section 501(a) of such Code.
SEC. 102. E-GOVERNANCE FRAMEWORK.
(a) Development.--The Institute shall develop and maintain a
comprehensive e-governance framework for Americas partner countries.
(b) Purpose.--The purpose of the e-governance framework developed
under subsection (a) shall be to allow for the development of
interoperable services to harmonize and facilitate the delivery of
effective and transparent government services within and between
Americas partner countries.
(c) Principles.--In developing the e-governance framework under
subsection (a), the Institute shall ensure that the framework adheres
to the following principles:
(1) Interoperability.--The framework shall be designed to
allow different government systems to, when appropriate,
seamlessly share data with each other, consistent with
applicable laws and privacy restrictions under subsection (d).
(2) Decentralization.--The framework should seek to avoid
centralized control over data, and should allow the government
of each Americas partner country to maintain control over its
own data while still facilitating cross-border data sharing.
Data control and hosting under the framework should be
consistent with local law and international agreements. Nothing
in this paragraph may be construed to contravene or supercede
laws or agreements in effect before the date of the enactment
of this Act.
(3) Open standards.--The framework should, to the greatest
extent practicable, be built on open standards that are freely
available to the public.
(4) Data sovereignty.--The framework should ensure that
each Americas partner country maintains control over the data
of citizens of that country.
(5) Public-private partnerships.--The framework should
allow for the collaboration of public and private entities in
the development, design, and maintenance of e-governance
systems.
(6) Open source.--Systems developed by the Institute
should, to the extent practicable, be open source. Systems
developed by Americas partner countries are encouraged to be
open source as well.
(7) Adaptation.--The framework shall account, consistent
with other provisions of this Act, for existing e-governance
systems developed by Americas partner countries, including by
adopting, in part or in whole, existing e-governance systems as
part of the framework or as reference implementations within
the framework.
(d) Privacy.--The e-governance framework developed under subsection
(a) shall incorporate privacy best-practices, including as follows:
(1) Data minimization.--Systems developed under the