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Code · BILL · 117th Congress · H.R. 4521 (EAS) — 112 HR 4521 EAS: United States Innovation and Competition Act of 2021 · Sec. 72001

Sec. 72001. Facilitating trade in essential supplies

1,484 words·~7 min read·/bill/117/hr/4521/eas/section-72001·

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The Trade Act of 1974 ( 19 U.S.C. 2101 et seq. ) is amended by adding at the end the following: In this title: The term Committee means the Committee on Trade in Essential Supplies established under section 1002. The term crisis preparedness means ensuring access to goods in the Strategic National Stockpile and goods necessary to ensure the continued functioning of critical infrastructure in a crisis. The term critical infrastructure means systems and assets, whether physical or virtual, so vital to the United States that the incapacity or destruction of such systems and assets would have a debilitating impact on the national security of, or public health or safety in, the United States, or any combination of those matters.
The term essential medical supply means any supply that is part of the Strategic National Stockpile. The term essential supply means any supply determined by the Trade Representative to be critical to crisis preparedness, including essential medical supplies (including personal protective equipment), critical infrastructure items, and other supplies identified as essential by the Trade Representative under section 1003(b). The term Strategic National Stockpile means the stockpile established under Section 319F–2 of the Public Health Service Act ( 42 U.S.C. 247d–6b ).
The term Trade Representative means the United States Trade Representative. The term United States person means— a United States citizen or an alien lawfully admitted for permanent residence to the United States; or an entity organized under the laws of the United States or of any jurisdiction within the United States. The term unreliable person means any entity or individual that the Trade Representative determines works in concert with, or under the influence of, an unreliable trading partner to engage in the theft or misappropriation of intellectual property or trade secrets relating to an essential supply.
The term unreliable trading partner means any country the government of which the Trade Representative determines— engages in systematic theft of intellectual property or trade secrets; or is likely to utilize export restrictions or other measures to prevent the United States from importing an essential supply. There is established a committee, to be known as the Committee on Trade in Essential Supplies in the United States . The Committee shall be composed of the following: The Trade Representative, who shall serve as the chairperson of the Committee.
The Secretary of Commerce. The Secretary of Defense. The Secretary of the Treasury. The Secretary of Homeland Security. The Secretary of State. The Secretary of Health and Human Services. The Administrator of the Federal Emergency Management Agency. The Secretary of Energy. The Secretary of Transportation. The heads of such other agencies as the Trade Representative considers appropriate. The Committee shall— examine United States trade flows and supply chains for essential supplies; prepare and submit reports in accordance with section 1003(c); facilitate a whole-of-government strategy to ensure that the United States has reliable access to essential supplies from its trading partners; and advise private United States enterprises that produce or procure essential supplies on recognizing potential threats to their supply chains by identifying unreliable trading partners and unreliable persons.
Not later than 60 days after the date of the enactment of this title, the Trade Representative shall, on behalf of the Committee, publish a notice soliciting public comments to facilitate the identification of essential supplies under subsection
(b)and the preparation of the report required by subsection (c). The Trade Representative shall ensure that any business confidential information that is submitted under this subsection is properly protected from disclosure. After reviewing the public comments submitted pursuant to subsection (a), the Trade Representative shall, in consultation with the other members of the Committee, identify supplies that are critical to crisis preparedness and are to be considered essential supplies for purposes of this title. Not later than one year after the date of the enactment of this title, and not less frequently than every 3 years thereafter for the following 9 years, the Committee shall submit to Congress a report— identifying— the major producers in the United States and abroad that produce essential supplies for the United States; the duties applied by the United States and major trading partners to such supplies; the aggregate trade flows of essential supplies from and into the United States; and unreliable trading partners and unreliable persons that have stolen or misappropriated the intellectual property or trade secrets of United States persons with respect to essential supplies; describing— information on foreign trade barriers and other factors that may affect United States trade in essential supplies; the current domestic manufacturing base and supply chains for essential supplies, including raw materials and other goods essential to the production of those supplies; the ability of the United States to maintain readiness and to surge production of essential supplies in response to an emergency, including by resorting to the Strategic National Stockpile; and the practices and acts of unreliable trading partners and unreliable persons— with respect to the theft or misappropriation of intellectual property or trade secrets; or that may threaten United States investments in essential supplies; identifying defense, intelligence, homeland, economic, natural, geopolitical, or other contingencies that may disrupt, strain, compromise, or eliminate the supply chain for essential supplies; assessing the resiliency and capacity of the domestic manufacturing base and supply chains to support the need for those essential supplies, including any single points of failure in those supply chains; assessing flexible manufacturing capacity available in the United States in cases of emergency; and making specific recommendations to ensure— the supply of imported essential supplies remains reliable, including through tariff relief or enforcement actions against foreign trade barriers; domestic stockpiles remain adequate for crisis preparedness; domestic manufacturing capacity and supply chains remain resilient; and United States persons can avoid risks presented by unreliable trading partners and unreliable persons. . The President may reduce or suspend the collection of any duty on any essential medical supply for a period of not more than 180 days beginning on the date on which the President submits to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a certification that the reduction or suspension is necessary for crisis preparedness. If the President reduces or suspends the collection of a duty on an essential medical supply under paragraph (1), the President may not further reduce or suspend duties on that supply under that paragraph until the date this one year after the preceding reduction or suspension. An article described in paragraph
(2)entered, or withdrawn from warehouse for consumption, during the period specified in paragraph
(4)shall enter the United States free of duty, including free of any duty that may be imposed as a penalty or otherwise imposed in addition to other duties, including any duty imposed pursuant to— section 301 of the Trade Act of 1974 ( 19 U.S.C. 2411 ); section 232 of the Trade Expansion Act of 1962 ( 19 U.S.C. 1862 ); or the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ). An article is described in this paragraph if the article is— classified under any of the statistical reporting numbers of the Harmonized Tariff Schedule of the United States specified in paragraph (3); or identified by the United States International Trade Commission, after the date of the enactment of this title, as an article related to the response to the coronavirus disease 2019 (commonly referred to as COVID–19 ) pandemic The statistical reporting numbers specified in this paragraph are the following: 2207.10.6090 3808.94.5090 6505.00.9089 2208.90.8000 3821.00.0010 7311.00.0090 2804.40.0000 3821.00.0090 7324.90.0000 2847.00.0000 3822.00.1090 7613.00.0000 3002.13.0010 3822.00.5050 8419.20.0010 3002.13.0090 3822.00.5095 8419.20.0020 3002.14.0010 3822.00.6000 8421.39.8040 3002.14.0090 3824.99.9297 8705.90.0010 3002.15.0010 3923.21.0095 8705.90.0020 3002.15.0090 3923.29.0000 8705.90.0080 3002.19.0000 3926.20.1010 8713.10.0000 3002.20.0020 3926.20.1020 8713.90.0030 3002.20.0040 3926.20.9010 8713.90.0060 3003.20.0060 3926.20.9050 9004.90.0010 3002.20.0080 3926.90.9910 9004.90.0090 3003.10.0000 3926.90.9950 9018.11.3000 3003.20.0000 3926.90.9985 9018.11.6000 3003.60.0000 4015.11.0110 9018.11.9000 3003.90.0120 4015.11.0150 9018.12.0000 3003.90.0140 4015.19.0510 9018.19.4000 3003.90.0160 4015.19.0550 9018.19.5500 3003.90.0180 4015.19.1010 9018.19.7500 3003.90.0190 4015.90.0010 9018.31.0040 3004.10.1020 4015.90.0050 9018.31.0080 3004.10.1045 4818.50.0020 9018.31.0090 3004.10.5045 4818.50.0080 9018.32.0000 3004.10.5060 4818.90.0020 9018.39.0020 3004.20.0020 4818.90.0080 9018.39.0040 3004.20.0030 6116.10.6500 9018.39.0050 3004.20.0060 6210.10.2000 9018.90.3000 3004.49.0060 6210.10.5010 9018.90.7580 3004.60.0000 6210.10.5090 9018.90.8000 3004.90.1000 6210.10.9010 9019.20.0000 3004.90.9207 6210.10.9040 9020.00.6000 3004.90.9209 6210.50.3500 9020.00.9000 3004.90.9211 6210.50.7500 9022.12.0000 3004.90.9214 6216.00.5420 9025.19.8010 3004.90.9285 6307.90.6090 9025.19.8020 3004.90.9290 6307.90.6800 9025.19.8060 3005.10.5000 6307.90.7200 9025.19.8085 3005.90.5090 6307.90.8910 9026.80.4000 3006.70.0000 6307.90.9845 9027.80.2500 3401.11.5000 6307.90.9850 9027.80.4530 3401.19.0000 6307.90.9870 9028.20.0000 3401.20.0000 6307.90.9875 9402.90.0010 3808.94.1000 6307.90.9891 9402.90.0020 3808.94.5010 6505.00.0100 3808.94.5050 6505.00.8015 The period specified in this paragraph is the period— beginning on the date that is 15 days after the date of the enactment of this title; and ending on January 15, 2023. . The table of contents for the Trade Act of 1974 is amended by adding at the end the following: TITLE X—Facilitating trade in essential supplies Sec. 1001. Definitions. Sec. 1002. Committee on Trade in Essential Supplies in the United States. Sec. 1003. Identification of and report on access to essential supplies. Sec. 1004. Facilitating access to essential medical supplies. .
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  • 42 USC 247d–6b
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cites case law
Sec. 72001
Facilitating trade in essential supplies
U.S.C.§ 2101
U.S.C.§ 2411
U.S.C.§ 1862
U.S.C.§ 1701
Cite42 USC 247d–6b
Cites 5Cited by 0 across 0 sources
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