GUARD Act

Defense (DEF) Comments and discussions on Berry Amendment, Federal Prison Industries (FPI), and Ability One programs. Discussions with Members of Congress, White House, DoD, USTR, TSA, and DHS about implementation of Berry and procurement issues and the following legislation: o FY 2025 Defense Appropriations related measures H.R. 10545, the American Relief Act, 2025 H.R. 9747 - Making continuing appropriations and extensions for fiscal year 2025, and for other purposes (through December 19, 2024) H.R. 1968 - FY 2025 Continuing Resolution, through September 30, 2025 Provisions related to Berry Amendment and textile, apparel, and footwear procurement in FY 2025 National Defense Authorization Act (NDAA) - Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 - (HR 8070) and The National Defense Authorization Act for Fiscal Year 2025 (NDAA) (S. 4638) and Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 HR 5009 Provisions related to Federal Prison Industries in Commerce, Justice, Science, and Related Agencies Appropriations Act, 2025 (HR 9026) Discussions with Congress and Administration on government procurement provisions in trade agreements. Discussions with the Administration and Congress on economic price adjustments (EPAs) in contracts. Discussions with the Administration and Congress on government procurement of PPE product Discussion on textile, apparel, and footwear supply chain war game. Discussion with Congress and Administration on measures to strengthen the textile, apparel, and footwear supply chain including provisions relating to procurements of home textiles, boots, and other uniforms in a manner consistent with Berry. Discussions with the Administration and Congress on restrictions of per and polyfluoroalkyl substances (PFAS) Discussions to require the Secretary of Defense to issue regulations requiring that optional combat boots worn by members of the armed forces wear be made in America, and for other purposes (HR 8166) Initial conversations on draft FY 2026 NDAA (still unnumbered) on above topics. Trade Domestic/Foreign (TRD) Discussions with Congress and Administration (including USTR, Treasury, Commerce, ITC, Labor, State, Agriculture, DLA, and Customs) on the following items: o bilateral China trade issues, including WTO compliance and the Section 301 investigation and Section 232 investigations. o Western Hemisphere issues, including USMCA, CAFTA-DR, and Haiti. o Implementation of existing and negotiation of new free trade agreements (FTAs). Issues discussed include: -Rules of origin -Duties -Customs provisions -IPR provisions -Labor provisions -Regulatory harmonization -Transportation measures -Government procurement. -Port maintenance issues -Trade deficits and global value chains. Tariffs and proposed bills to regulate tariff policy, including: -U.S. HTS Chapter 62 U.S. Note 2 - water resistant definition [S.1413] o New and existing trade preference programs, including: - the African Growth and Opportunity Act (AGOA), including H.R. 9747 - Making continuing appropriations and extensions for fiscal year 2025, and for other purposes (through December 19, 2024) - the Generalized System of Preferences (GSP) [H.R. 7986], including H.R. 9747 - Making continuing appropriations and extensions for fiscal year 2025, and for other purposes (through December 19, 2024) - the Haiti Economic Lift Program (HELP) Act and the Haitian Hemispheric Opportunity through Partnership Encouragement Act (HOPE) [H.R. 1625 and S.742] including H.R. 9747 - Making continuing appropriations and extensions for fiscal year 2025, and for other purposes (through December 19, 2024) o Various trade and customs initiatives (such as First Sale, 9802, de minimis, 321/FTZs, duty drawback, single window/ITDS, changes to ACE, green trade preferences for sustainable materials, and pending classifications, rulings, and regulations) covering textiles, apparel, footwear, and travel goods. o Foreign trade barriers and practices (including comments for annual NTE and Special 301 and notorious markets reports). o Pending nominations. o Current and proposed sanctions, including: - North Korea sanctions (CAATSA). - Uyghur Forced Labor Prevention Act (Public Law No: 117-78). o Country of Origin Labeling Online Act Discussions with Congress, ITC, Commerce, and USTR on MTB process and individual petitions. Discussions with Congress and CBP on Customs Modernization. Discussions with Congress, CPSC, and FTC to allow Digital Labeling for clothes. Discussions with Congress on the Americas Act Discussions with Congress on the U.S. Foreign Trade Zone Parity Act Discussions with Congress, USTR, Commerce, CBP on 321 de minimis Discussions with Congress and Federal Communications Commission (FCC) on NextNavs petition for rulemaking to reorganize the 902-928 MHz band Discussions with Commerce on Mexicos Decree amending the tariff of the General Import and Export Tax Law and the Decree for the Promotion of the Manufacturing, Maquiladora and Export Services Industry. Discussions with USTR on Section 301 Nicaraguas acts, policies, and practices related to labor rights, human rights, and the rule of law. Discussions with USTR on Section 301 China Shipbuilding investigation H.R. 1968 - FY 2025 Continuing Resolution, through September 30, 2025 S.J. Res 37 - A joint resolution terminating the national emergency declared to impose duties on articles imported from Canada. Nominations for trade posts, including Ambassador Greer for U.S. Trade Representative S. 1272/HR 2665 - Trade Review Act of 2025. TAR - Tariff (Miscellaneous Tariff Bills) Discussions with Congress, ITC, Commerce, and USTR on MTB process and individual petitions. Transportation Discussions with Congress and Administration on shipping delays from the Red Sea crisis Discussions with Congress on freedom of navigation in Red Sea and South China Sea Discussions with Congress on protecting arctic shipping routes Discussions with Congress on protecting undersea cables Discussions with Congress and Administration on West Coast port, Canada port, and East Coast port labor contract negotiations Discussions with Congress and Administration on Hours of Service (HoS) and other driver-related rules. Discussions with Congress and key agencies on port metrics. Discussions with Congress and the administration on rail issues Discussions with Congress and the administration on trucking issues Discussions with Federal Maritime Commission (FMC) and Congress on shipping delays, ocean carrier / port terminal issues, including congestion surcharges, demurrage charges, anti-trust issues, and PierPass. o Specifically on Detention and Demurrage Billing Requirements Final Rule Discussions with Congress and the Administration on comprehensive infrastructure funding and repair. o Specifically on relief funding for Key Bridge Specific legislation on key transportation issues impacting the industry: o SHIPS for America Act - in opposition of fees and restrictions o Ocean Shipping Reform Act (Public Law No: 117-146) - in support of o Truck Parking Safety Improvement Act (H.R. 2367) - in support of US Trade Representative Section 301 Investigation into Chinas Maritime Logistics and Shipbuilding Sectors - in opposition of proposed fees and restrictions Product Safety (CSP) Discussions with Administration, including CPSC, Commerce, USTR, and EPA, and various Congressional offices on: Final e-Filing regulations and CPSCs 2016 enforcement discretion policy for adult apparel Implementation of Consumer Product Safety Improvement Act (CPSIA) Common standards and risk information sharing with trading partners Regulations involving flammability, sleepwear, and drawstring hazards. Regulations involving Per- and polyfluoroalkyl substances (PFAS), including TSCA Section 8e reporting requirements Possible modifications to flammability requirements to add spandex to the exempt fibers list. Implementation of previously implemented legislation to reduce third party testing burdens and costs. Monitoring issues relating to apparel, footwear, and travel goods/fashion accessories safety and product labeling. Implementation of the Frank R. Lautenberg Chemical Safety for the 21st Century Act Foreign chemical management initiatives that function as non-tariff barriers. Link between counterfeit products, restricted chemicals, and how they hamper sustainability efforts Digitization of apparel labeling as it relates to product safety information and recalls. Labor Discussion of WRAP program and with various legislative branch and executive branch officials. Discussions with Congress and Administration (including Labor, State, USTR, USAID, DFC, and CBP) to ensure effective implementation of and action on: o Child/Forced labor rules and lists, o Uzbek cotton, o Better Work programs, o China Xinjiang o Bangladesh, Burma (Myanmar), Cambodia, Ethiopia, Guatemala, India, Jordan, Mauritius, Sri Lanka, Taiwan, Central America, Haiti, and FTA and trade preference labor cases. o Implementation of the Uyghur Forced Labor Prevention Act (Public Law No: 117-78). Small Business Discussions with Congress and Administration impact of shipping delays on small business. Discussions with Federal Trade Commission (FTC) on digitizing apparel labels as well as on textile, wool, fur, and care labeling rules, and other labeling rules, including Made in USA labeling. Discussions with the Administration and Congress on FPI reform and impact on small business. Environment Discussions with Congress and Administration on issues as it relates to textile recycling infrastructure and technology, federal approaches to extended producer responsibility, material sustainability, climate, and environment Discussions with Congress on funding for textile circularity infrastructure Discussions with Congress on H.R.1239 - Voluntary Sustainable Apparel Labeling Act Discussions with Congress on H.R.960 - Protect Our Clothes from PFAS Act Discussions with Congress, on trade incentives for preferred material usage, and non-tariff barriers to utilizing recycled materials Discussions with EPA on sustainable procurement rules, labeling, and certifications as they apply to apparel and uniforms Discussions with Congress, EPA, and petition to FTC to allow Digital Labeling for clothes Discussions with Congress and FTC on environmental marketing claims and the FTCs Green Guides IPR Discussions with Congress and Administration on: nominations and appointments, including an Intellectual Property Enforcement Coordinator (IPEC), an Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office (USPTO), the Commissioner for U.S. Customs and Border Protection, Chair and Commissioners to the U.S. Consumer Product Safety Commission, and more. o Intellectual property, and counterfeit practices across the digital devalue chain of counterfeits, including e-commerce, social commerce, social platforms and product and consumer safety. o Fraudulent advertising across social media platforms and fraudulent websites. o Related international policies o NFT/ Metaverse o Artificial Intelligence o Consumer safety and product safety o Trademark Modernization Act of 2020 o Fraudulent trademark filings at the USPTO and abroad. o USTR and others in the inter-agency process re Special 301 Report and Notorious Markets Report List o Dupe influencers across social media. o Design patents o National Security related to illicit economies State Dept, USPTO, IPEC, IPRC re OECD / guidelines for countering illicit trade in counterfeit goods on online marketplaces o Reforms around customs and border protection procedures and anti-counterfeiting processes; updates related to what is needed by brands to identify counterfeits o Counterfeits and resale. o Consumer awareness campaign re the dangers of counterfeits. o Dangers of counterfeits and product safety dangers for consumers to U.S. businesses, workers and jobs. o Legislation and/or regulations to create secondary liability structure for online platforms. o Implementation and enforcement of INFORM Consumers Act (Public Law No. 117-328) o Reintroduction of the SHOP SAFE Act as introduced (S.2934) (HR 8684) o Raising awareness and exploring solutions for the devalue chain of counterfeits. o CBP section 321 data pilot; CBP information sharing (Sen. Grassley previous legislation) and CBP technology donation program o CPSC issues related to third-party sellers and product safety o The Communications Decency Act of 1996 Proposal to Sunset Section 230