This repetition of headings to form internal navigation links better and aid in comparing the online edition to the print edition. (c) This subpart does not apply to any legal proceeding in which the Department is a party or to subpoenas for testimony or documents received from Congress, a federal agency Inspector General, or a Special Prosecutor. These tools are designed to help you understand the official document Every demand for testimony or documents in a legal matter in which the United States is not a named party shall be made in writing, delivered in accordance with section 15.13(b) of this subpart no later than 30 days before the document or testimony is required, and shall be accompanied by an affidavit or written declaration under 28 U.S.C. 5890, Washington, DC 20230; The DOE LPO, through its Title 17 Renewable Energy and Efficiency Energy Projects solicitation, has more than $3 billion in loan guarantees available to support efficient end-use energy technologies, such as mining, extraction, processing, recovery, or recycling technologies, of critical materials projects that satisfy Title 17 requirements. v. This includes administration and issuance of Trade & Business Licences, Local Company (Control) Licences, Tobacco Permits, Liquor Licences, Public Film Exhibition . Former employees offering expert or opinion testimony and those seeking such testimony from former employees, must confer with the General Counsel or appropriate agency counsel to ascertain if the prospective expert or opinion testimony is consistent with this subpart. 1501, 1512, 1513, 1515 and 1518; Reorganization Plan No. Nomenclature changes to part 15 appear at 62 FR 19669, Apr. Leveraging the Departments convening power, including through its advisory committees, DOC will bring stakeholders together to promote improved transparency and data sharing. (d) This subpart does not apply to any demand for testimony of employees and former employees of the United States Patent and Trademark Office (USPTO) or to demands for the production of USPTO documents. July 6, 2023. International trade imbalances are hampering America's seafood industry, but the U.S. government is working to address those issues and promote exports, according to a new export strategy from the U.S. Department of Commerce. (n) In addition, the appropriate address for notifications specified in 15.13(b) pertaining to employees and former employees covered under this section is Office of the Inspector General, U.S. Department of Commerce, 1401 Email: (5) Disclosure would improperly reveal trade secrets or disclose information protected by law, a non-disclosure agreement, or court order without authorized consent; (6) Disclosure would be unduly costly, burdensome, or otherwise inappropriate under applicable court rules; (7) Disclosure would involve the Department in controversial issues that are not related to the Department's mission or issues that do not further the Department's mission; or. Paragraph (c) would separately set forth the procedures for expert or opinion testimony for both current and former employees in matters in which the United States, but not the Department, is a named party. ), confidential business information, or otherwise sensitive information submitted voluntarily by the sender is publicly accessible. name, address, etc. Questions about filing a complaint? The proposed rule would add this new section to address requests that are made for documents or testimony from the Office of the Inspector General and to clarify that this subpart applies to requests for documents or testimony from the Office of the Inspector General. This phrase includes all phases of discovery as well as responses to any formal or informal requests by attorneys, investigators, or other persons not employed by the Department, regarding, testimony, documents, information, or consultation, solicited for use in any legal proceedings. (b) 3501 14028 on Improving the Nations Cyber Security just last month. For leading edge logic chips, the U.S. and U.S. allies rely primarily on facilities in Taiwan, which produces 92 percent of such chips. Nothing herein shall be interpreted as requiring the creation of a new document to respond to any demand. 1746; interviews; depositions; telephonic, televised, or videotaped statements; or any responses given during discovery or similar proceedings, which response would involve more than the production of documents. (g) Todays rule will be effective 60 days from publication, and Commerce is committed to issuing a subsequent final rule in which the Department will consider and respond to additional comments received. In addition, the Department will implement procedures for a licensing process 120 days from publication., The E.O. In addition, the General Counsel or appropriate agency counsel may impose further conditions or restrictions on the production of any document or testimony when that is in the best interests of the United States. NOAA Fisheries is also developing tools for gathering, analyzing, and disseminating key seafood data, and the agency will lead the charge to synthesize seafood-related trade data and market intelligence across multiple agencies, creating a central repository for policymakers to access it. This change will cover more than $8 billion in clean energy and climate innovation funding requested in the Presidents Budget for Fiscal Year 2022, as well as future fiscal year spending. True or False, COMMISSIONS within the federal bureaucracy are important because they regulate industries and have the power to punish people or groups that violate laws 3. Alert, May 2023 [CDATA[ The Task Force will be led by the Secretaries of Commerce, Transportation, and Agriculture and will focus on areas where a mismatch between supply and demand has been evident: homebuilding and construction, semiconductors, transportation, and agriculture and food. et seq. (a) true. v. This Blueprint will codify the findings of the battery supply chain review in a 10-year, whole-of-government plan to urgently develop a domestic lithium battery supply chain that combats the climate crisis by creating good-paying clean energy jobs across America. stLight.options({publisher: "d264abd5-77a9-4dfd-bee5-44f5369b1275", doNotHash: false, doNotCopy: false, hashAddressBar: false}); Among its tasks are gathering economic and demographic data for business and government decision making, and helping to set industrial standards. Touhy See The United States must also invest in sustainable production, refining, and recycling capacity domestically, while ensuring strong environmental, environmental justice, and labor standards and meaningful community consultation, including with Tribal Nations through government-to-government collaboration. The policy factors in previous section 15.13(a)-(f) would be moved to this section and expanded to better inform non-government requesters. This table of contents is a navigational tool, processed from the The public sector can deploy this power in times of crisis, as in the case of Operation Warp Speed, or in normal times. Register documents. Private sector innovation and robust federal investment allowed the U.S. to rapidly develop and strengthen COVID-19 supply chains. See United States ex rel. This document has been published in the Federal Register. Our reliance on imported chips introduces new vulnerabilities into the critical semiconductor supply chain. SUMMARY: Pursuant to its authority under Title VII of the Tariff Act of 1930, as amended (the Act), the Department of Commerce (Commerce) is modifying its regulations to improve administration and enforcement of the antidumping duty (AD . The agency said the new standard reduces the certification burden on industry while incorporating all internationally agreed-upon health and safety concerns. 207 and applicable post-employment Ethics rules. 605(b), that this proposed rule, if implemented, would not have a significant economic impact on a substantial number of small entities. The Biden Administration has embraced a broad view of national security that encompasses personal data, civilian network security, and threats posed by disinformation. The Task Force will bring the full capacity of the federal government to address near-term supply/demand mismatches. China accounts for an outsized share of the worlds refining capacity, meaning that even if the United States were to diversify our sources of critical minerals or increase domestic extraction, we would still be reliant on China for processing before use in end-product manufacturing.To secure a reliable, sustainable supply of critical minerals and materials, the United States must work with allies and partners to diversify supply chains away from adversarial nations and sources with unacceptable environmental and labor standards. (f) Share sensitive information only on official, secure websites.. Pursuant to Executive Order (E.O.) Long-term competitiveness will require an ecosystem of production, innovation, skilled workers, and diverse small and medium-sized suppliers. https://www.nist.gov/news-events/news/2021/09/department-commerce-establishes-national-artificial-intelligence-advisory. Secure .gov websites use HTTPS Specifically, these revisions would clarify, update, and streamline the language of several provisions, provide greater transparency regarding the factors that the agency will consider when reviewing such requests, and more directly address issues that frequently arise in requests for documents or testimony based on the facts of the request, such as whether the testimony requested is that of a former employee, whether the United States is a party to the underlying legal proceedings, or whether the testimony or documents are requested from the Office of the Inspector General. corresponding official PDF file on govinfo.gov. The Department intends these revisions to provide greater clarity to entities seeking documents or testimony from current or former Department employees. For posted comments, all personal identifying information ( e.g., About the Federal Register ), confidential business information, or otherwise sensitive information submitted voluntarily by the sender is publicly accessible. 2. Additionally, the Department is revising these regulations to more directly address issues that arise frequently in requests for documents or testimony. 340 U.S. 462 (1951). ). Touhy Pharmaceuticals and APIsThe COVID-19 pandemic highlighted the critical importance of a resilient U.S. healthcare manufacturing sector. The changes in this proposed rule are not expected to result in an annual effect on the economy of $100 million or more, a major increase in costs or prices, or significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets. means the Chief Counsel/s or General Counsel/s (or that official's designee) of a bureau or operating unit within the U.S. Department of Commerce who is the senior legal officer responsible for overseeing legal advice and guidance provided to a particular bureau or operating unit. With the new final rule, the Commerce Department has moved to expand and institutionalize its new review process, broadening the factors it may use to determine whether a transaction involving "connected software applications" presents "undue or unacceptable risks." AI at Work: Navigating the Legal Landscape of Automated Decision-Making Tools in Employment, Supreme Court Decides Not To Review PTAB Estoppel Issue, Commerce Department Issues Final Rule on Information and Communications Technology Supply Chain, Supreme Court Makes Civil RICO Available Against Fraudulent Domestic Efforts to Avoid International Arbitration Award Enforcement, U.S. Supreme Court Allows Personal Jurisdiction Based on Corporate Registration. Anonymous comments (enter N/A in the required fields if you wish to remain anonymous) will be accepted. Along with nine other Commerce Secretaries whose tenures span back to 1973, we all agree - passing Trade Promotion Authority is not a Democratic or Republican request; it is a bipartisan issue that Congress must address now. www.regulations.gov Upon receipt of the demand, the General Counsel or appropriate agency counsel shall promptly contact the appropriate Department of Justice office to coordinate any response in accordance with applicable federal or state rules of civil procedure governing discovery matters. Ragen, on NARA's archives.gov. (i) ) or https:// means youve safely connected to the .gov website. 804(2) of the Congressional Review Act provisions of the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. The Department intends these revisions to provide greater clarity. Inspector General (6) If testimony is requested, the intended use of the testimony a general summary of the desired testimony; the time that will be required to prepare for, travel to, and present testimony; and a showing that no document could be provided and used in lieu of testimony, including from opposing parties via discovery proceedings. var switchTo5x=true; Counts are subject to sampling, reprocessing and revision (up or down) throughout the day. Start Printed Page 53254 This spring, the Department of Commerce issued a proposed rule that is designed to do that and then requested comments from interested parties. Strengthen international trade rules, including trade enforcement mechanisms. ADDRESSES These regulations are also known as Touhy regulations, in reference to the case in which the Supreme Court upheld the validity of such agency regulations promulgated pursuant to 5 U.S.C. This will leverage the buying power of the nearly $600 billion in federal contracting to strengthen domestic supply chains for critical products. The procedures for matters in which the United States is a party would now be provided separately in new section 15.15. means Counsel to the Inspector General of the U.S. Department of Commerce. Start Printed Page 53250. A former employee offering expert or opinion testimony or consulting, and those seeking such testimony from a former employee, shall confer with the General Counsel or appropriate agency counsel to ascertain if the prospective expert or opinion testimony or consulting is consistent with this subpart. Newsletters, Commerce Department Issues Final Rule on Information and Communications Technology Supply Chain, Generative AI-Assisted Patent Inventorship Questions Remain, China Issues Guidance on Filing of the Standard Contract for Cross-Border Transfers of Personal Information, EU Emergency Response Update Key Policy & Regulatory Developments No. Working with the National AI Initiative Office (NAIIO) in the White House Office of Science and Technology Policy (OSTP), the department is now seeking to recruit top-level candidates to serve on the committee. This rulemaking has been determined to be not significant for the purposes of Executive Order (E.O.) The U.S. government has taken initiative to address the imbalance and improve U.S. seafoods position in the global market. These markup elements allow the user to see how the document follows the With the new final rule, the Commerce Department has moved to expand and institutionalize its new review process, broadening the factors it may use to determine whether a transaction involving "connected software applications" presents "undue or unacceptable risks." The Department of Defense (DOD) has announced an investment in the expansion of the largest rare earth element mining and processing company outside of China to provide the raw materials necessary to help combat the climate crisis. Following is a description of the revisions to specific provisions of the Touhy regulations. The Administrations COVID-19 Response Team has drastically expanded the manufacture of vaccines and other essential supplies, enabling more than 137 million Americans to get fully vaccinated. Prior Authorization. means the Secretary of the U.S. Department of Commerce. Department of Commerce v. New York , No. Notifications. The White House Read more Calling for Nominations for DOE's Industrial Technology Innovation Advisory Committee July 28, 2022 | Advanced Manufacturing (b) regulations; all references to the USPTO in the previous regulation would be deleted throughout the revised Subpart B. The Department intends these revisions to provide greater clarity to entities seeking documents or testimony from current or former Department employees. legal research should verify their results against an official edition of All issues; Cybersecurity; Export and investment promotion; First responder network; Fisheries and aquaculture; ICT Supply Chain; Indo-Pacific Economic Framework; Infrastructure; Intellectual property; Investing in communities and workers; Manufacturing; Minority business growth; Regulatory reform; Space commerce; Trade enforcement . Demand for testimony or production of documents: Department Policy and Considerations. Start Printed Page 53255 Subpart B-Testimony by Employees and the Production of Documents in Legal Proceedings, https://www.federalregister.gov/d/2021-20651, MODS: Government Publishing Office metadata. With the global lithium battery market expected to grow by a factor of five to ten by 2030, it is imperative that the United States invest immediately in scaling up a secure, diversified supply chain for high-capacity batteries here at home that supports good-paying, quality jobs with a free and fair choice to join a union and bargain collectively. provide legal notice to the public or judicial notice to the courts. All comments received are a part of the public record and will generally be posted without change to But the United States remains critically dependent on imports for a range of key pharmaceutical products and APIsthe primary ingredients of generic drugswhich represent 90 percent of all prescription medications filled. NOAA Fisheries has also developed a health certificate for exports that the U.S. will use in negotiations with key export markets. is a CABINET DEPARTMENT in the executive branch 2. Until the ACFR grants it official status, the XML rendition of the daily Federal Register on FederalRegister.gov does not On February 24, 2021, the President signed E.O. Paragraph (a) has been revised to provide more detail in the definition of (a) Phone: 859-224-7426. In addition, this paragraph would specify that electronic service of subpoenas is not authorized. Sapna Sharma, General Litigation Division, Office of the General Counsel, U.S. Department of Commerce, 1401 Constitution Ave. NW, Rm. 18 U.S.C. (f) This subpart is not intended to be relied upon to, and does not, create any right or benefit, substantive or procedural, enforceable at law by any party against the United States. This agenda aligns with and reinforces the Administrations strategy outlined above to invest in US supply chain resilience. AHAB has 25 members representing a variety of housing interests around the state. 1746, or, if an affidavit or declaration is not feasible, a written statement setting forth: (3) The requesting party's interest in the legal proceeding; (4) The reason for the demand and the relevance of the request to the legal proceeding; (5) A showing that the desired testimony or document is not reasonably available from any other source; and. The purpose of this requirement is to assist the General Counsel or appropriate agency counsel in making an informed decision regarding whether testimony or the production of a document(s) should be authorized, in accordance with 15.16 of this subpart. Unfair trade practices by competitor nations and private sector and public policy prioritization of low-cost labor, just-in-time production, consolidation, and private sector focus on short-term returns over long-term investment have hollowed out the U.S. industrial base, siphoned innovation from the United States, and stifled wage and productivity growth.