II 

117TH CONGRESS 

1ST SESSION S. 3032 

To require certain manufactured goods introduced for sale in the United 

States to have a domestic value content of more than 50 percent, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 20, 2021 

Mr. HAWLEY introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To require certain manufactured goods introduced for sale 

in the United States to have a domestic value content 

of more than 50 percent, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Make in America to 

5 Sell in America Act of 2021’’. 

6 SEC. 2. FINDINGS; SENSE OF CONGRESS. 

7 (a) FINDINGS.—Congress makes the following find8 ings: 


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1 (1) Excessive globalization has been a disaster 

2 for United States workers in the manufacturing sec3 tor. 

4 (2) The erosion of the domestic industrial base 

5 of the United States is the result of the lack of ade6 quate protection for both domestic industry and 

7 United States workers from import competition. 

8 (3) Since 2001, approximately 60,000 factories 

9 have shuttered in the United States. 

10 (4) The COVID–19 pandemic revealed the de11 gree to which the United States is dependent on the 

12 People’s Republic of China for certain critical manu13 factured goods. 

14 (5) The United States currently mandates do15 mestic sourcing by requiring certain government 

16 agencies to purchase only goods that are produced in 

17 whole or in part in the United States. 

18 (b) SENSE OF CONGRESS.—It is the sense of Con19 gress that a targeted regime of local content requirements 

20 across manufactured goods sold in the United States 

21 should be deployed to boost domestic industry, repatriate 

22 supply chains, and nurture infant industries. 

23 SEC. 3. DEFINITIONS. 

24 In this Act: 


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1 (1) COMMISSION.—The term ‘‘Commission’’ 

2 means the United States International Trade Com3 mission. 

4 (2) COVERED GOOD.—The term ‘‘covered good’’ 

5 means a good identified by the Secretary of Com6 merce in the report required by section 4. 

7 (3) INTRODUCE FOR SALE.—The term ‘‘intro8 duce for sale’’, with respect to a good, means to im9 port the good into the United States or produce the 

10 good for consumption in the United States. 

11 SEC. 4. IDENTIFICATION OF CRITICAL GOODS. 

12 (a) IN GENERAL.—Not later than one year after the 

13 date of the enactment of this Act, and annually thereafter, 

14 the Secretary of Commerce, in consultation with the Sec15 retary of Defense, shall submit to Congress and make 

16 available to the public a report that identifies finished 

17 goods and intermediate goods the domestic production of 

18 which is critical for the protection of the industrial base 

19 in the United States or for the national security of the 

20 United States. 

21 (b) CONSIDERATIONS.—In considering whether the 

22 production of a good is critical for the protection of the 

23 industrial base or for the national security of the United 

24 States, the Secretary of Commerce may consider— 


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1 (1) the relative lack of the domestic production 

2 of the good compared to domestic demand for the 

3 good; 

4 (2) the extent to which the global supply chain 

5 of the good is vulnerable; and 

6 (3) the employment effects of restoring or es7 tablishing production of the good in the United 

8 States. 

9 SEC. 5. MINIMUM DOMESTIC CONTENT REQUIREMENT. 

10 (a) IN GENERAL.—Except as provided in subsection 

11 (c) or (d), a covered good may not be introduced for sale 

12 in the United States unless the domestic value content of 

13 the good is more than 50 percent. 

14 (b) DOMESTIC VALUE CONTENT.— 

15 (1) CALCULATION.—The domestic value content 

16 of a covered good may be calculated on the basis of 

17 the following transaction value method: 

TV¥VNM 

DVC = ————— × 100 

TV 

18 (2) DEFINITIONS.—In this subsection: 

19 (A) DVC.—The term ‘‘DVC’’ means the 

20 domestic value content of the good, expressed 

21 as a percentage. 

22 (B) ORIGINATING GOOD; ORIGINATING MA23 TERIAL.— 


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1 (i) IN GENERAL.—The terms ‘‘origi2 nating good’’ and ‘‘originating material’’ 

3 mean a good or material, as the case may 

4 be— 

5 (I) wholly obtained or produced 

6 entirely in the United States; or 

7 (II) substantially transformed in 

8 the United States from a good or ma9 terial that is not wholly the growth, 

10 product, or manufacture of the United 

11 States. 

12 (ii) REMANUFACTURED GOODS.—For 

13 purposes of determining whether a re14 manufactured good is an originating good, 

15 a recovered material derived in the United 

16 States shall be treated as an originating 

17 material if the material is used or con18 sumed in the production of, and incorpora19 tion into, the manufactured good. 

20 (C) NONORIGINATING GOOD; NONORIGI21 NATING MATERIAL.—The terms ‘‘nonoriginating 

22 good’’ and ‘‘nonoriginating material’’ mean a 

23 good or material, as the case may be, that does 

24 not qualify as originating under subparagraph 

25 (B). 


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1 (D) TV.—The term ‘‘TV’’ means the 

2 transaction value of the good, adjusted to ex3 clude any costs incurred in the international 

4 shipment of the good. 

5 (E) VNM.—The term ‘‘VNM’’ means the 

6 value of nonoriginating goods or nonoriginating 

7 materials used by the producer in the produc8 tion of the good. 

9 (3) VALUE OF NONORIGINATING MATERIALS.— 

10 For purposes of calculating the domestic value con11 tent of a good under this subsection, the value of 

12 nonoriginating materials used by the producer in the 

13 production of the good shall not include the value of 

14 nonoriginating materials used or consumed to 

15 produce originating materials that are subsequently 

16 used or consumed in the production of the good. 

17 (c) EXCEPTIONS.—The prohibition under subsection 

18 (a) does not apply with respect to— 

19 (1) used goods; or 

20 (2) goods introduced for sale in the United 

21 States by any person with annual revenue of less 

22 than $5,000,000. 

23 (d) WAIVER.— 


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1 (1) IN GENERAL.—The President may waive 

2 the application of subsection (a) with respect to a 

3 covered good if the President— 

4 (A) determines that— 

5 (i) the covered good is not available 

6 for sale in the United States in a manner 

7 that meets the minimum domestic content 

8 requirement under subsection (a); 

9 (ii) the development of domestic pro10 duction of the covered good to meet the 

11 consumptive demand of the United States 

12 is substantially time-intensive or capital-in13 tensive compared with other covered goods; 

14 or 

15 (iii) a delay in the application of the 

16 requirement under subsection (a) is critical 

17 for the national security of the United 

18 States; and 

19 (B) submits to Congress and makes avail20 able to the public a report on the reasons for 

21 the waiver. 

22 (2) EFFECTIVE PERIOD.—A waiver issued 

23 under paragraph (1) with respect to a covered good 

24 terminates on the date that is 3 years after the date 


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1 on which the President submits the report required 

2 by paragraph (1)(B) with respect to the waiver. 

3 (3) PROHIBITION ON RENEWAL.—A waiver 

4 issued under paragraph (1) may not be renewed. 

5 (4) BRIEFINGS REQUIRED.—Not less frequently 

6 than annually, the President shall brief the Com7 mittee on Finance of the Senate and the Committee 

8 on Ways and Means of the House of Representatives 

9 with respect to the waivers issued under paragraph 

10 (1) and the determinations made under paragraph 

11 (1)(A) with respect to those waivers during the pre12 ceding year. 

13 (5) PUBLIC LIST.—Not less frequently than an14 nually, the President shall make available to the 

15 public a list of all waivers issued under paragraph 

16 (1) during the preceding year. 

17 (e) REGULATIONS.—The Secretary of Commerce, in 

18 consultation with the Commissioner of U.S. Customs and 

19 Border Protection, shall prescribe regulations and guid20 ance to carry out this section, including with respect to 

21 the calculation and applicability of the minimum domestic 

22 content requirement under subsection (a). 

23 SEC. 6. ENFORCEMENT. 

24 (a) IN GENERAL.— 


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1 (1) PENALTIES.—If the Secretary of Commerce 

2 determines that a person introduces for sale, or 

3 causes to be introduced for sale, a covered good in 

4 the United States in violation of section 4(a), that 

5 person shall be liable for a civil penalty not to exceed 

6 the greater of— 

7 (A) the amount that is twice the total 

8 transaction value of the good; or 

9 (B) $5,000,000. 

10 (2) CONSIDERATIONS.—In making a determina11 tion under paragraph (1) with respect to an alleged 

12 violation of section 4(a), the Secretary of Commerce 

13 shall consider the findings of the Commission pursu14 ant to an investigation conducted under subsection 

15 (b) with respect to the alleged violation. 

16 (b) INVESTIGATIONS BY COMMISSION.— 

17 (1) PETITIONS.—The Commission may initiate 

18 an investigation into an alleged violation of section 

19 4(a) with respect to a covered good upon the filing 

20 of a petition by a domestic producer of the covered 

21 good or the Secretary of Commerce. 

22 (2) NOTIFICATION.—Upon receipt of a petition 

23 filed under paragraph (1), the Commission shall no24 tify the person alleged to have violated section 4(a) 


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1 of the petition and the allegations included in the 

2 petition. 

3 (3) INITIATION OF INVESTIGATION.—Not later 

4 than 20 days after receiving a petition filed under 

5 paragraph (1), the Commission shall— 

6 (A) after examining, on the basis of 

7 sources readily available, the accuracy and ade8 quacy of the allegations included in the petition, 

9 determine whether the petition— 

10 (i) alleges the elements necessary for 

11 the imposition of a penalty under sub12 section (a)(1); and 

13 (ii) contains information reasonably 

14 available to the petitioner supporting the 

15 allegations; 

16 (B) determine whether the covered good 

17 that is the subject of the petition is covered by 

18 a waiver issued under section 4(c); and 

19 (C) if the determination under subpara20 graph (A) is affirmative and the determination 

21 under subparagraph (B) is negative, initiate an 

22 investigation. 

23 (4) FINDINGS.— 

24 (A) IN GENERAL.—Not later than 60 days 

25 after initiating an investigation under paraVerDate Sep 11 2014 23:08 Oct 27, 2021 Jkt 029200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3032.IS S3032

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1 graph (3)(C), and after soliciting public com2 ments, soliciting evidence from the parties, and 

3 examining other relevant sources, the Commis4 sion shall make a finding with respect to wheth5 er, based on a preponderance of evidence, the 

6 person that is the subject of the investigation 

7 has violated section 4(a). 

8 (B) NOTIFICATIONS.—If the finding of the 

9 Commission under subparagraph (A) is affirma10 tive, the Commission shall— 

11 (i) notify all parties to the investiga12 tion of the finding; and 

13 (ii) make available to the public the 

14 facts and conclusions upon which the find15 ing was based. 

16 (5) WITHDRAWAL OF PETITIONS.—The Com17 mission may terminate an investigation initiated 

18 under paragraph (3), after notice to all parties to 

19 the investigation, if the petition filed under para20 graph (1) is withdrawn by the petitioner. 

21 (6) STAFF.—The Commission may hire suffi22 cient staff to carry out investigations under this sub23 section. 


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1 (7) REGULATIONS.—The Commission may pre2 scribe regulations and guidance as necessary to 

3 carry out this subsection. 

4 SEC. 7. APPLICABILITY. 

5 The provisions of this Act apply with respect to goods 

6 introduced for sale in the United States on and after the 

7 date that is 3 years after the date of the enactment of 

8 this Act. 

Æ 


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