I 

117TH CONGRESS 

1ST SESSION H. R. 3309 

To establish a manufacturing grant program, a trade preference program, 

and certain tax incentives to encourage companies to manufacture certain 

essential articles in countries in the Western Hemisphere and to safeguard against disruptions to the supply chains for such articles, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 18, 2021 

Mr. KINZINGER (for himself and Mr. CROW) introduced the following bill; 

which was referred to the Committee on Ways and Means, and in addition to the Committees on Foreign Affairs, and Energy and Commerce, 

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 manufacturing grant program, a trade preference program, and certain tax incentives to encourage 

companies to manufacture certain essential articles in 

countries in the Western Hemisphere and to safeguard 

against disruptions to the supply chains for such articles, 

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, 


pbinns on DSKJLVW7X2PROD with BILLS
2 

•HR 3309 IH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Manufacturing Abili3 ties Determine Economies in The Americas Act’’ or the 

4 ‘‘MADE in The Americas Act’’. 

5 SEC. 2. STATEMENTS OF POLICY. 

6 It shall be the policy of the United States to— 

7 (1) diversify supply chains of covered articles in 

8 order to strengthen the security and economies of 

9 the United States and its allies; 

10 (2) maintain an active and leading role in glob11 al trade and medical research for the benefit of the 

12 workforces in the United States and its allies; 

13 (3) strengthen and increase trade between the 

14 United States and other countries in the Western 

15 Hemisphere in order to— 

16 (A) mitigate supply chain vulnerabilities; 

17 (B) raise living standards; 

18 (C) increase job opportunities; and 

19 (D) mitigate the underlying causes of ir20 regular immigration between such countries; 

21 (4) in order to safeguard against future disrup22 tions, incentivize the relocation of facilities that 

23 manufacture covered articles from countries of con24 cern to the Western Hemisphere; 


pbinns on DSKJLVW7X2PROD with BILLS
3 

•HR 3309 IH

1 (5) prioritize and provide diplomatic and polit2 ical support to developing countries in the Western 

3 Hemisphere to— 

4 (A) resolve any impediments to the manu5 facturing and labor protection sectors in such 

6 countries; 

7 (B) advocate for political and economic re8 forms in such countries that will improve the 

9 regulatory and investment environment; 

10 (C) resolve challenges for United States in11 vestors in such countries, including political in12 stability and corruption; and 

13 (D) build and maintain essential public 

14 services and infrastructure necessary for eco15 nomic growth and stability through access to 

16 debt refinancing support, as appropriate; 

17 (6) support and promote multilateral and bilat18 eral free trade agreements with allied nations in the 

19 Western Hemisphere; 

20 (7) support joint ventures between companies in 

21 the United States and domestically owned companies 

22 in the Western Hemisphere; and 

23 (8) harness existing tools, such as the United 

24 States Agency for International Development, the 

25 United States International Development Finance 


pbinns on DSKJLVW7X2PROD with BILLS
4 

•HR 3309 IH

1 Corporation, to assist countries in the Western 

2 Hemisphere to develop increased manufacturing ca3 pacity. 

4 SEC. 3. UNITED STATES STRATEGY TO COUNTER THREATS 

5 TO SUPPLY CHAINS FOR COVERED ARTICLES. 

6 (a) IN GENERAL.—In accordance with Executive 

7 Order 14017 (86 Fed. Reg. 11849), the President shall 

8 develop and implement a strategy to reduce reliance on 

9 concentrated supply chains for covered articles and protect 

10 against any threats from countries of concern relating to 

11 supply chains for covered articles. 

12 (b) ELEMENTS.— The strategy required by sub13 section (a) shall include the following elements: 

14 (1) A plan to provide sufficient access to cov15 ered articles by ensuring that supply chains for such 

16 articles are not concentrated in a country of concern. 

17 (2) A plan to use tools available to the Federal 

18 Government, such as the United States Agency for 

19 International Development and the United States 

20 International Development Finance Corporation, to 

21 assist countries in the Western Hemisphere to build 

22 capacity for manufacturing covered articles. 

23 (3) A plan to incentivize— 

24 (A) United States companies that manu25 facture covered articles to— 


pbinns on DSKJLVW7X2PROD with BILLS
5 

•HR 3309 IH

1 (i) relocate manufacturing facilities, 

2 personnel, or operations related to the pro3 duction of covered articles to the United 

4 States or to other countries in the Western 

5 Hemisphere; 

6 (ii) to expand such facilities, per7 sonnel, or operations to increase the pro8 duction of covered articles and meet in9 creasing demand for such articles; and 

10 (iii) to assist countries in developing 

11 greater manufacturing capacity; and 

12 (B) companies that do not manufacture 

13 covered articles to make necessary or appro14 priate modifications to existing manufacturing 

15 facilities, personnel, or operations in order to 

16 manufacture 1 or more covered articles. 

17 (4) A plan to enter into trade agreements with 

18 countries in the Western Hemisphere that— 

19 (A) protect against any threats from coun20 tries of concern relating to supply chains for 

21 covered articles; and 

22 (B) foster political and regulatory stability 

23 to allow a manufacturing company interested in 

24 relocating to such countries in the Western 


pbinns on DSKJLVW7X2PROD with BILLS
6 

•HR 3309 IH

1 Hemisphere to make long-term investment 

2 plans. 

3 (5) A plan to coordinate with other countries in 

4 the Western Hemisphere to avoid disruptions to the 

5 continued operations of supply chains for covered ar6 ticles during a covered emergency. 

7 (6) A plan to provide technical assistance to 

8 governments in the Western Hemisphere to improve 

9 regulatory and investment frameworks to welcome 

10 companies with intention to relocate manufacturing 

11 facilities. 

12 (c) SUBMISSION OF STRATEGY.— 

13 (1) IN GENERAL.—Not later than 60 days after 

14 the date of enactment of this Act, the President 

15 shall submit to Congress a report containing the 

16 strategy developed under this section. 

17 (2) UPDATE.—Not less than once every 4 years 

18 after the date on which the strategy is submitted 

19 under paragraph (1), the President shall submit to 

20 Congress an update to such strategy. 

21 (3) FORM.—The report submitted under para22 graph (1), and any update submitted under para23 graph (2), shall be submitted in unclassified form 

24 and may include a classified annex. 


pbinns on DSKJLVW7X2PROD with BILLS
7 

•HR 3309 IH

1 (d) DEFINITION.—For purposes of this section, the 

2 term ‘‘country of concern’’ means a country described in 

3 paragraph (3)(B) of section 9 of this Act. 

4 SEC. 4. NATIONAL MANUFACTURING SECURITY AND RESIL5 IENCE COUNCIL. 

6 (a) ESTABLISHMENT.—There is hereby established 

7 within the Executive Office of the President the Manufac8 turing Security and Resilience Council (hereinafter re9 ferred to as the ‘‘Council’’). 

10 (b) MEMBERS.—The Council shall be composed of— 

11 (1) The President; 

12 (2) The Vice President; 

13 (3) The Secretary of Commerce; 

14 (4) The Secretary of State; 

15 (5) The Secretary of Defense; 

16 (6) The Secretary of Homeland Security; 

17 (7) The Secretary of Energy; 

18 (8) The Secretary of Health and Human Serv19 ices; 

20 (9) The Director of National Intelligence; and 

21 (10) The United States Trade Representative. 

22 (c) ADDITIONAL MEMBERS.—The President may also 

23 appoint up to ten additional officers of the Federal Gov24 ernment to serve on the Council, including but not limited 

25 to— 


pbinns on DSKJLVW7X2PROD with BILLS
8 

•HR 3309 IH

1 (1) The National Security Advisor; 

2 (2) The Director of the National Economic 

3 Council; 

4 (3) The Homeland Security Advisor; 

5 (4) The Director of the Office of Science and 

6 Technology Policy; 

7 (5) The Director of the Cybersecurity and In8 frastructure Security Agency; 

9 (6) The Director of the Centers for Disease 

10 Control and Prevention; 

11 (7) The Administrator of the Federal Emer12 gency Management Agency; 

13 (8) The Director of the National Institute of 

14 Standards and Technology; and 

15 (9) The Director of the Hollings Manufacturing 

16 Extension Partnership. 

17 (d) PRESIDING OFFICERS.—At meetings of the 

18 Council, the President shall preside or, in the absence of 

19 the President, a member of the Council designated by the 

20 President shall preside. 

21 (e) DESIGNEES.—Each member of the Council from 

22 a department or agency of the Federal Government may 

23 designate another officer of his department or agency to 

24 serve on the Council as his alternate in his unavoidable 

25 absence. 


pbinns on DSKJLVW7X2PROD with BILLS
9 

•HR 3309 IH

1 (f) FUNCTIONS.—The functions of the Council are 

2 to— 

3 (1) implement the strategy requested under sec4 tion 3; 

5 (2) determine whether a covered article is es6 sential to the critical infrastructure of the United 

7 States or to the ability of the United States to re8 spond to a covered emergency; 

9 (3) establish and maintain the database de10 scribed in subsection (j); 

11 (4) establish, manage, and carry out the manu12 facturing resilience grant program established under 

13 subsection (k); 

14 (5) coordinate, without assuming operational 

15 authority, the use of private-sector manufacturing 

16 resources to respond to a covered emergency; and 

17 (6) not less than once every year, inform Con18 gress of the activities of the Council in carrying out 

19 the duties and functions described in paragraphs (1) 

20 through (5) of this subsection. 

21 (g) DIRECTOR.—The Council shall be headed by a ci22 vilian Director who shall be appointed by the President 

23 by and with the advice and consent of the Senate. In ap24 pointing the Director, the President shall choose an indi25 vidual who— 


pbinns on DSKJLVW7X2PROD with BILLS
10 

•HR 3309 IH

1 (1) is a senior executive (as such term is de2 fined in section 3132 of title 5, United States Code); 

3 and 

4 (2) is fit to perform the duties required by the 

5 position, without regard to political affiliation. 

6 (h) STAFF.—The Council may employ a staff who 

7 shall be appointed by the Director. The Director, subject 

8 to the direction of the Council, is authorized to appoint 

9 and fix the compensation of such personnel consistent with 

10 existing civil service statutes and regulations, as may be 

11 necessary to perform such duties as may be prescribed by 

12 the Council in connection with the performance of its func13 tions. The professional staff for which this subsection pro14 vides shall not exceed 200 persons, including persons em15 ployed by, assigned to, detailed to, under contract to serve 

16 on, or otherwise serving or affiliated with the staff. The 

17 limitation in this paragraph does not apply to personnel 

18 serving substantially in support or administrative posi19 tions. 

20 (i) AUTHORITIES.—The Director of the Office may— 

21 (1) notwithstanding subsections (a) and (b) of 

22 section 3324 of title 31, United States Code, enter 

23 into and perform such contracts, leases, cooperative 

24 agreements, or other transactions as may be nec25 essary to carry out the duties of the Council, and on 


pbinns on DSKJLVW7X2PROD with BILLS
11 

•HR 3309 IH

1 such terms as the Director determines are appro2 priate, with— 

3 (A) any agency or instrumentality of the 

4 Federal Government; 

5 (B) any State, territory, or possession of 

6 the United States, including any political sub7 division thereof; and 

8 (C) any person or educational institution; 

9 (2) pursuant to subsection (h), employ such 

10 personnel as the Director determines are necessary 

11 to conduct the business of the Council; and 

12 (3) delegate to other employees of the Office 

13 such powers and authority as the Director deter14 mines may be warranted in the interests of efficiency 

15 and sound administration. 

16 (j) DATABASE.— 

17 (1) IN GENERAL.—The Director shall establish 

18 and maintain a database of information on covered 

19 manufacturing companies. 

20 (2) REQUIREMENTS.— 

21 (A) IN GENERAL.—The database estab22 lished under paragraph (1) shall include infor23 mation that the Director determines is nec24 essary to effectively respond to covered emer25 gencies, including information related to— 


pbinns on DSKJLVW7X2PROD with BILLS
12 

•HR 3309 IH

1 (i) the manufacturing facilities and 

2 operations of a covered manufacturing 

3 company; and 

4 (ii) the types of articles manufactured 

5 by such company. 

6 (B) INFORMATION GATHERING.—To gath7 er the information described in subparagraph 

8 (A), the Director shall— 

9 (i) use existing sources of such infor10 mation; 

11 (ii) coordinate with the Director of the 

12 Census Bureau to gather data on covered 

13 manufacturing companies; and 

14 (iii) ensure the appropriate protection 

15 for any proprietary, confidential, or sen16 sitive information related to a covered 

17 manufacturing company. 

18 (C) REQUESTS FOR INFORMATION DURING

19 EMERGENCY.—During a covered emergency, the 

20 Director may request specific information from 

21 covered manufacturing companies that the Di22 rector determines is necessary to prepare a na23 tional response to such emergency. 

24 (D) DESIGN.—The Director shall design 

25 and maintain the database in a manner that alVerDate Sep 11 2014 22:30 Jun 21, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H3309.IH H3309

pbinns on DSKJLVW7X2PROD with BILLS
13 

•HR 3309 IH

1 lows for the direct input and update of informa2 tion in the database. 

3 (E) TRANSPARENCY.—The Director shall 

4 develop policies for the operation of the data5 base that— 

6 (i) require the timely and accurate 

7 input of information into the database; and 

8 (ii) allow a covered manufacturing 

9 company to access any information in the 

10 database that relates to such company and 

11 correct any inaccurate information. 

12 (F) ACCESSIBILITY.—The Director shall 

13 ensure that the information in the database is 

14 available to— 

15 (i) appropriate acquisition officials of 

16 Federal agencies; 

17 (ii) upon request, the Chairman and 

18 Ranking Member of each of the appro19 priate congressional committees; and 

20 (iii) any other government officials 

21 that the Director determines are appro22 priate, except that the Director shall pro23 vide written notice to the appropriate con24 gressional committees not later than 14 

25 days after the date on which a new governVerDate Sep 11 2014 22:30 Jun 21, 2021 Jkt 019200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H3309.IH H3309

pbinns on DSKJLVW7X2PROD with BILLS
14 

•HR 3309 IH

1 ment official is granted access to the data2 base. 

3 (G) COVERED MANUFACTURING COMPANY

4 DEFINED.—In this subsection, the term ‘‘cov5 ered manufacturing company’’ means a com6 pany in the United States that— 

7 (i) manufactures a covered article; or 

8 (ii) maintains facilities that may be 

9 converted to manufacture covered articles 

10 during a covered emergency. 

11 (k) MANUFACTURING SECURITY AND RESILIENCE

12 GRANT PROGRAM.— 

13 (1) ESTABLISHMENT.—The President shall es14 tablish a manufacturing resilience grant program, to 

15 be administered by the Director, to make grants to 

16 eligible manufacturing companies to carry out eligi17 ble projects to— 

18 (A) increase the manufacture of covered 

19 articles in countries in the Western Hemi20 sphere; 

21 (B) assist the Federal Government in pre22 paring for and responding to covered emer23 gencies; and 

24 (C) reduce reliance on concentrated supply 

25 chains for covered articles. 


pbinns on DSKJLVW7X2PROD with BILLS
15 

•HR 3309 IH

1 (2) ELIGIBLE MANUFACTURING COMPANIES.— 

2 To be eligible to receive a grant under this sub3 section, a manufacturing company shall— 

4 (A) be a domestic corporation that is en5 gaged in the business of manufacturing; 

6 (B) be capable of manufacturing covered 

7 articles to assist the Federal Government in 

8 preparing for and responding to a covered 

9 emergency, as determined by the Director; and 

10 (C) provide all necessary information for 

11 inclusion in the database established under sub12 section (j), as requested by the Director. 

13 (3) ELIGIBLE PROJECTS.—A grant recipient 

14 may use funds awarded under this subsection for a 

15 project that— 

16 (A) relocates manufacturing facilities, per17 sonnel, or operations related to covered articles 

18 out of a country of concern and into the United 

19 States or other foreign country in the Western 

20 Hemisphere; 

21 (B) modifies manufacturing facilities or 

22 operations related to covered articles to— 

23 (i) create new capabilities for such 

24 grant recipient to manufacture covered ar25 ticles; 


pbinns on DSKJLVW7X2PROD with BILLS
16 

•HR 3309 IH

1 (ii) expand existing operations to in2 crease the manufacture of covered articles; 

3 or 

4 (iii) accommodate any manufacturing 

5 operations or personnel related to covered 

6 articles that are relocated to a country in 

7 the Western Hemisphere; or 

8 (C) develops tools or processes that relate 

9 to procuring, transporting, or storing covered 

10 articles. 

11 (4) USE OF FUNDS.— 

12 (A) IN GENERAL.—Grant amounts re13 ceived for a project under this subsection may 

14 be used for any costs associated with such 

15 project, including administrative costs and 

16 workforce development initiatives. 

17 (B) LIMITATION.—Grant amounts received 

18 for a project under this subsection may not be 

19 used to support manufacturing facilities or op20 erations located in a country of concern. 

21 (5) CONDITIONS.—As a condition on the receipt 

22 of a grant under this subsection, the grant recipient 

23 shall— 

24 (A) not later than 1 year after receiving a 

25 grant, agree to manufacture the amount of covVerDate Sep 11 2014 22:30 Jun 21, 2021 Jkt 019200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H3309.IH H3309

pbinns on DSKJLVW7X2PROD with BILLS
17 

•HR 3309 IH

1 ered articles that the Director determines is 

2 reasonable, to be made available for purchase 

3 by the Federal Government beneficiary with re4 spect to which such amounts were provided; 

5 and 

6 (B) coordinate with the Director to assist 

7 the United States to prepare for and respond to 

8 a covered emergency by manufacturing covered 

9 articles when necessary. 

10 (6) APPLICATION.—To be eligible for a grant 

11 under this subsection, an eligible manufacturing 

12 company shall submit to the Director an application 

13 in such form, at such time, and containing such in14 formation as the Director determines appropriate, 

15 including— 

16 (A) a description of the proposed project to 

17 be carried out with grant funds; 

18 (B) a description of the type of covered ar19 ticles that such company intends to produce in 

20 carrying out such project; and 

21 (C) an estimation of the total costs for 

22 such project. 

23 (7) SELECTION OF GRANT RECIPIENT.— 

24 (A) CONSULTATION REQUIRED.—In 

25 awarding grants for amounts allocated pursuVerDate Sep 11 2014 22:30 Jun 21, 2021 Jkt 019200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H3309.IH H3309

pbinns on DSKJLVW7X2PROD with BILLS
18 

•HR 3309 IH

1 ant to subparagraphs (B) through (J) of sub2 section (m)(2), the Director shall consult with 

3 the applicable Federal Government beneficiary. 

4 (B) DIVERSITY OF COVERED ARTICLES.— 

5 To the extent practicable, the Director shall en6 sure that grants are awarded for proposed 

7 projects that will result in the production of a 

8 diverse type of covered articles. 

9 (C) PRIORITY.—In awarding a grant under 

10 this subsection, the Director shall prioritize 

11 awarding grants for proposed projects that— 

12 (i) will operate within the United 

13 States and employ citizens of the United 

14 States; and 

15 (ii) will result in the production of 

16 covered articles that relate to the strategic 

17 needs of the Federal Government in pre18 paring for and responding to covered emer19 gencies. 

20 (8) GRANT AMOUNT.— 

21 (A) IN GENERAL.—The Federal share of 

22 the total cost of a project receiving a grant 

23 under this subsection, as estimated under para24 graph (6)(C), shall be 75 percent. 


pbinns on DSKJLVW7X2PROD with BILLS
19 

•HR 3309 IH

1 (B) LIMITATION.—An eligible manufac2 turing company may not receive more than a 

3 total of $500,000,000 in grant funds in 1 fiscal 

4 year. 

5 (C) TOTAL AMOUNTS TO SUPPORT FED6 ERAL GOVERNMENT BENEFICIARIES.— 

7 (i) MINIMUM TOTAL AMOUNT.—Of the 

8 amounts allocated for grants pursuant to 

9 subparagraphs (B) through (J) of sub10 section (m)(2), the total amount of funds 

11 awarded for the support of a single Fed12 eral Government beneficiary shall be not 

13 less than $500,000,000. 

14 (ii) MAXIMUM TOTAL AMOUNT.—Of 

15 the amounts allocated for grants pursuant 

16 to subsection (m)(2)(A), the total amount 

17 of funds provided for the support of a sin18 gle Federal Government beneficiary may 

19 not exceed $2,000,000,000. 

20 (9) DEFINITION.—In this subsection, the term 

21 ‘‘Federal Government beneficiary’’ means the fol22 lowing: 

23 (A) The Department of Agriculture. 

24 (B) The Department of Defense. 

25 (C) The Department of Energy. 


pbinns on DSKJLVW7X2PROD with BILLS
20 

•HR 3309 IH

1 (D) The Department of Health and 

2 Human Services. 

3 (E) The Department of Homeland Secu4 rity. 

5 (F) The Department of the Interior. 

6 (G) The Department of the Treasury. 

7 (H) The Environmental Protection Agency. 

8 (l) ADVISORY BOARD.— 

9 (1) ESTABLISHMENT.—There is established an 

10 Manufacturing Security and Resilience Advisory 

11 Board (hereinafter referred to as the ‘‘Advisory 

12 Board’’). 

13 (2) MEMBERS.—The President shall appoint 

14 twenty members to the Advisory Board, each having 

15 demonstrated expertise relating to, or experience op16 erating in, the manufacturing industry and with 

17 supply chain management, and consisting of— 

18 (A) eight representatives from United 

19 States manufacturing companies; 

20 (B) four representatives from academic in21 stitutions; 

22 (C) four representatives from labor organi23 zations; and 

24 (D) four representatives from non-profit 

25 organizations. 


pbinns on DSKJLVW7X2PROD with BILLS
21 

•HR 3309 IH

1 (3) CHAIR.—The Chair of the Advisory Board 

2 shall be appointed by the President from its mem3 bership. 

4 (4) MEETINGS.—The Advisory Board shall 

5 meet not less than four times each year at the call 

6 of the Chair. 

7 (5) FUNCTIONS.—The functions of the Advisory 

8 Board are to— 

9 (A) review the general policies and oper10 ations of the Council and advise the Council 

11 with respect to such policies and operations; 

12 (B) collaborate with the Hollings Manufac13 turing Extension Partnership, established pur14 suant to section 25 of the National Institute of 

15 Standards and Technology Act (15 U.S.C. 

16 278k), and the Manufacturing USA Program, 

17 established pursuant to section 34 of such Act 

18 (15 U.S.C. 278s), to assist Federal, State, and 

19 local governments in identifying industrial re20 sources and opportunities to prepare for and re21 spond to covered emergencies; 

22 (C) commission and conduct research to 

23 identify and analyze how to improve the ability 

24 of the United States manufacturing sector to 


pbinns on DSKJLVW7X2PROD with BILLS
22 

•HR 3309 IH

1 assist Federal, State, and local governments in 

2 responding to covered emergencies; and 

3 (D) identify best practices for federal, 

4 State, and local governments and the United 

5 States Manufacturing sector to effectively and 

6 efficiently respond to covered emergencies; 

7 (m) FUNDING.— 

8 (1) MANUFACTURING SECURITY AND RESIL9 IENCE COUNCIL.—To operate the Manufacturing Se10 curity and Resilience Council established by this sec11 tion, there is authorized to be appropriated 

12 $50,000,000 for each of fiscal years 2021 through 

13 2031, to remain available until expended. 

14 (2) MANUFACTURING SECURITY AND RESIL15 IENCE GRANT PROGRAM.—For grants awarded 

16 under subsection (k), there is authorized to be ap17 propriated $24,950,000,000 for each of fiscal years 

18 2021 through 2031, to remain available until ex19 pended. Of the funds made available under the pre20 ceding sentence, the Director shall allocate for each 

21 fiscal year— 

22 (A) 32 percent for grants proposed to sup23 port any of the Federal Government bene24 ficiaries for the strategic needs of the Federal 

25 Government; 


pbinns on DSKJLVW7X2PROD with BILLS
23 

•HR 3309 IH

1 (B) 4 percent for grants proposed to sup2 port the Office of Cybersecurity and Commu3 nications within the Department of Homeland 

4 Security; 

5 (C) 28 percent for grants proposed to sup6 port— 

7 (i) the Office of Infrastructure Protec8 tion within the Department of Homeland 

9 Security; 

10 (ii) the Transportation Security Ad11 ministration; 

12 (iii) the United States Coast Guard; 

13 and 

14 (iv) the Federal Protective Service; 

15 (D) 4 percent for grants proposed to sup16 port the Department of Agriculture; 

17 (E) 12 percent for grants proposed to sup18 port the Department of Defense; 

19 (F) 8 percent for grants proposed to sup20 port the Department of Energy; 

21 (G) 6 percent for grants proposed to sup22 port the Department of Health and Human 

23 Services; 

24 (H) 4 percent for grants proposed to sup25 port the Environmental Protection Agency; 


pbinns on DSKJLVW7X2PROD with BILLS
24 

•HR 3309 IH

1 (I) 1 percent for grants proposed to sup2 port the Department of the Treasury; and 

3 (J) 1 percent for grants proposed to sup4 port the Department of the Interior. 

5 (n) DEFINITIONS.—In this section: 

6 (1) DIRECTOR.—The term ‘‘Director’’ means 

7 the Director of the National Manufacturing Security 

8 and Resilience Council established by this section. 

9 (2) COUNCIL.—The term ‘‘Council’’ means the 

10 National Manufacturing Security and Resilience 

11 Council established by this section. 

12 SEC. 5. WESTERN HEMISPHERE TRADE PREFERENCE PRO13 GRAM. 

14 (a) AUTHORITY TO PROVIDE DUTY-FREE TREAT15 MENT.—Notwithstanding any other provision of law and 

16 subject to subsection (b), the President is authorized to 

17 provide duty-free treatment for any eligible article from 

18 any beneficiary Western Hemisphere country in accord19 ance with the provisions of this section. 

20 (b) DESIGNATION OF BENEFICIARY WESTERN HEMI21 SPHERE COUNTRIES.— 

22 (1) AUTHORITY TO DESIGNATE.—The President 

23 is authorized to designate Western Hemisphere 

24 countries described in paragraph (8)(B) of section 9 


pbinns on DSKJLVW7X2PROD with BILLS
25 

•HR 3309 IH

1 of this Act as beneficiary Western Hemisphere coun2 tries for purposes of this section. 

3 (2) COUNTRIES INELIGIBLE FOR DESIGNA4 TION.—The President may not designate a Western 

5 Hemisphere country as a beneficiary Western Hemi6 sphere country under this section if such country— 

7 (A) does not have a democratically elected 

8 government or a market economy; 

9 (B) has nationalized, expropriated, or oth10 erwise seized ownership or control of property 

11 owned by a United States citizen or by a cor12 poration, partnership, or association that is 50 

13 percent or more beneficially owned by United 

14 States citizens; 

15 (C) affords preferential treatment to the 

16 products of a developed country, other than the 

17 United States, which has, or is likely to have, 

18 a significant adverse effect on United States 

19 commerce, unless— 

20 (i) the President receives satisfactory 

21 assurances that such preferential treat22 ment will be eliminated or that action will 

23 be taken to assure that there will be no 

24 such significant adverse effect; and 


pbinns on DSKJLVW7X2PROD with BILLS
26 

•HR 3309 IH

1 (ii) the President reports such assur2 ances to Congress; 

3 (D) is not a signatory to a treaty, conven4 tion, protocol, or other agreement regarding the 

5 extradition of United States citizens; or 

6 (E) does not afford and enforce in law and 

7 practice internationally recognized worker 

8 rights for workers in the country. 

9 (c) ELIGIBLE ARTICLES.— 

10 (1) IN GENERAL.—Subject to paragraphs (2) 

11 and (3), the duty-free treatment provided under this 

12 section shall apply to any article— 

13 (A) that is the growth, product, or manu14 facture of a beneficiary Western Hemisphere 

15 country; and 

16 (B) that is needed to support the critical 

17 infrastructure of the United States. 

18 (2) RULES OF ORIGIN.—The duty-free treat19 ment provided under this section shall apply to any 

20 eligible article that is the growth, product, or manu21 facture of a beneficiary Western Hemisphere country 

22 if— 

23 (A) such article is imported directly from 

24 such country into the customs territory of the 

25 United States; and 


pbinns on DSKJLVW7X2PROD with BILLS
27 

•HR 3309 IH

1 (B) the sum of— 

2 (i) the cost or value of the materials 

3 produced in the beneficiary Western Hemi4 sphere country or any two or more such 

5 countries that are members of the same as6 sociation of countries, plus 

7 (ii) the direct costs of processing oper8 ations performed in such beneficiary West9 ern Hemisphere country or such member 

10 countries, 

11 is not less than 35 percent of the appraised 

12 value of such article at the time it is entered. 

13 (3) INELIGIBLE ARTICLES.—An article may not 

14 be treated as the growth, product, or manufacture of 

15 a beneficiary Western Hemisphere country by virtue 

16 of having merely undergone— 

17 (A) simple combining or packaging oper18 ations; or 

19 (B) mere dilution with water or another 

20 substance that does not materially alter the 

21 characteristics of the article. 

22 (d) DEFINITIONS.—In this section, the terms ‘‘en23 tered’’ and ‘‘internationally recognized worker rights’’ 

24 have the meanings given such terms in section 507 of the 

25 Trade Act of 1974 (19 U.S.C. 2467). 


pbinns on DSKJLVW7X2PROD with BILLS
28 

•HR 3309 IH

1 (e) TERMINATION.—No duty-free treatment provided 

2 under this section shall remain in effect after September 

3 30, 2030. 

4 SEC. 6. TEMPORARY INCREASED EXPENSING FOR RELO5 CATING MANUFACTURING TO THE WESTERN 

6 HEMISPHERE. 

7 (a) IN GENERAL.—For purposes of section 168(k) of 

8 the Internal Revenue Code of 1986, in the case of any 

9 qualified United States manufacturing property which is 

10 placed in service after December 31, 2020, and before 

11 January 1, 2026— 

12 (1) such property shall be treated as qualified 

13 property (within the meaning of such section); 

14 (2) the applicable percentage otherwise deter15 mined under section 168(k)(6) of such Code with re16 spect to such property shall be— 

17 (A) if placed in the United States, 100 

18 percent; and 

19 (B) if placed within a country in the West20 ern Hemisphere, 60 percent; and 

21 (3) paragraph (8) of such section shall not 

22 apply. 

23 (b) DEFINITION.—In this section the term ‘‘qualified 

24 United States manufacturing property’’ means a domestic 

25 corporation that is engaged in the business of manufacVerDate Sep 11 2014 22:30 Jun 21, 2021 Jkt 019200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H3309.IH H3309

pbinns on DSKJLVW7X2PROD with BILLS
29 

•HR 3309 IH

1 turing covered articles with property outside the Western 

2 Hemisphere that places in service tangible property within 

3 the Western Hemisphere. 

4 (c) TERMINATION.—This section shall not apply to 

5 any property placed in service after December 31, 2025. 

6 SEC. 7. AMERICAN SECURITY PRODUCT TAX CREDIT. 

7 (a) IN GENERAL.—Subpart D of part IV of sub8 chapter A of chapter 1 of the Internal Revenue Code of 

9 1986 is amended by adding at the end the following new 

10 section: 

11 ‘‘SEC. 45U. AMERICAN SECURITY PRODUCT TAX CREDIT. 

12 ‘‘(a) IN GENERAL.—For purposes of section 38, the 

13 American security product tax credit for any taxable year 

14 is an amount equal to— 

15 ‘‘(1) 30 percent of the qualified costs of Amer16 ican security products manufactured in the United 

17 States, or 

18 ‘‘(2) 15 percent of the qualified costs of Amer19 ican security products manufactured in a Western 

20 Hemisphere country. 

21 ‘‘(b) MAXIMUM CREDIT.—The aggregate credit de22 termined under subsection (a) for any taxable year with 

23 respect to any taxpayer shall not exceed the excess (if any) 

24 of the taxpayer’s net income tax over the greater of— 


pbinns on DSKJLVW7X2PROD with BILLS
30 

•HR 3309 IH

1 ‘‘(1) the tentative minimum tax for the taxable 

2 year, or 

3 ‘‘(2) 25 percent of so much of the taxpayer’s 

4 net regular tax liability as exceeds $25,000. 

5 ‘‘(c) DEFINITIONS.—In this section: 

6 ‘‘(1) AMERICAN SECURITY PRODUCT.—The 

7 term ‘American security product’ means— 

8 ‘‘(A) a covered article as such term is de9 fined in section 9 of the MADE in The Amer10 icas Act, and 

11 ‘‘(B) at least 50 percent of the value of 

12 which shall be derived from components manu13 factured in the United States. 

14 ‘‘(2) QUALIFIED COSTS.—The term ‘qualified 

15 costs’ means costs incurred in the production of an 

16 American security product. 

17 ‘‘(3) UNITED STATES.—The term ‘United 

18 States’ shall include the Commonwealth of Puerto 

19 Rico and the Commonwealth of the Northern Mar20 iana Islands.’’. 

21 (b) DENIAL OF DOUBLE BENEFIT.—Section 280C of 

22 such Code is amended by adding at the end the following 

23 new subsection: 

24 ‘‘(i) CREDIT FOR AMERICAN SECURITY PRODUCTS.— 

25 No deduction shall be allowed for that portion of expenses 


pbinns on DSKJLVW7X2PROD with BILLS
31 

•HR 3309 IH

1 otherwise allowable as a deduction taken into account in 

2 determining the credit under section 45U for the taxable 

3 year.’’. 

4 (c) CREDIT MADE PART OF GENERAL BUSINESS

5 CREDIT.—Section 38(b) of such Code is amended by strik6 ing ‘‘plus’’ at the end of paragraph (32), by striking the 

7 period at the end of paragraph (33) and inserting ‘‘, plus’’, 

8 and by adding at the end the following new paragraph: 

9 ‘‘(34) the American security product tax credit 

10 determined under section 45U.’’. 

11 (d) CLERICAL AMENDMENT.—The table of sections 

12 for subpart D of part IV of subchapter A of chapter 1 

13 of such Code is amended by adding at the end the fol14 lowing new item: 

‘‘45U. American security product tax credit.’’. 

15 (e) EFFECTIVE DATE.—The amendments made by 

16 this section shall apply to expenses made or incurred be17 ginning on the first day of the first full calendar quarter 

18 after the date of enactment of this section. 

19 SEC. 8. LIMITATION. 

20 None of the funds made available to carry out this 

21 Act or the amendments made by this Act may be used 

22 to support a state-owned enterprise of a country of con23 cern. 

24 SEC. 9. DEFINITIONS. 

25 In this Act: 


pbinns on DSKJLVW7X2PROD with BILLS
32 

•HR 3309 IH

1 (1) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional com3 mittees’’ means— 

4 (A) the Committee on Energy and Com5 merce, the Committee on Foreign Affairs, and 

6 the Committee on Ways and Means of the 

7 House of Representatives; and 

8 (B) the Committee on Commerce, Science, 

9 and Transportation, the Committee on Foreign 

10 Relations, and the Committee on Finance of the 

11 Senate. 

12 (2) CONCENTRATED.—The term ‘‘con13 centrated’’ means— 

14 (A) a supply chain for a covered article— 

15 (i) that is under any form of control 

16 or influence by a country of concern; 

17 (ii) that is subject to undue manipula18 tion by a country of concern; or 

19 (iii) for which 30 percent of the pro20 duction of such covered article occurs in a 

21 single foreign country that is located out22 side of the Western Hemisphere; or 

23 (B) a covered article for which more than 

24 50 percent of the supply of such article in the 

25 United States is imported from a foreign counVerDate Sep 11 2014 22:30 Jun 21, 2021 Jkt 019200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H3309.IH H3309

pbinns on DSKJLVW7X2PROD with BILLS
33 

•HR 3309 IH

1 try that is located outside of the Western Hemi2 sphere. 

3 (3) COUNTRY OF CONCERN.—The term ‘‘coun4 try of concern’’ means a country— 

5 (A) in which a concentrated supply chain 

6 for a covered article is located; 

7 (B) that poses a significant national secu8 rity threat to the United States; 

9 (C) that does not have a democratically 

10 elected government or a market economy; or 

11 (D) that commits crimes against humanity 

12 or genocide. 

13 (4) COVERED ARTICLE.—The term ‘‘covered ar14 ticle’’ means any material (including minerals, met15 als, and advanced processed materials), commodity, 

16 product, service, process, or manufacturing equip17 ment that— 

18 (A) the Director of the National Manufac19 turing Security and Resiliency Council deter20 mines is essential— 

21 (i) to the critical infrastructure of the 

22 United States; or 

23 (ii) to the ability of the United States 

24 to respond to a covered emergency; 


pbinns on DSKJLVW7X2PROD with BILLS
34 

•HR 3309 IH

1 (B) is included in the Strategic National 

2 Stockpile pursuant to section 319F–2 of the 

3 Public Health Service Act (42 U.S.C. 247d– 

4 6b); 

5 (C) the Secretary of Health and Human 

6 Services determines is essential to the National 

7 Health Security Strategy described in section 

8 2802 of the Public Health Service Act (42 

9 U.S.C. 300hh–1); or 

10 (D) is a critical component, critical tech11 nology item, or material as defined in section 

12 702 of the Defense Production Act of 1950 (50 

13 U.S.C. 4552). 

14 (5) COVERED EMERGENCY.—The term ‘‘covered 

15 emergency’’ means— 

16 (A) a public health emergency declared by 

17 the Secretary of Health and Human Services 

18 pursuant to section 319 of the Public Health 

19 Service Act (42 U.S.C. 247d); 

20 (B) an event for which the President de21 clares a major disaster or an emergency under 

22 section 401 or 501, respectively, of the Robert 

23 T. Stafford Disaster Relief and Emergency As24 sistance Act (42 U.S.C. 5170 and 5191); or 


pbinns on DSKJLVW7X2PROD with BILLS
35 

•HR 3309 IH

1 (C) a national emergency declared by the 

2 President under the National Emergencies Act 

3 (50 U.S.C. 1601 et seq.). 

4 (6) CRITICAL INFRASTRUCTURE.—The term 

5 ‘‘critical infrastructure’’ has the meaning given the 

6 term in section 1016(e) of the USA PATRIOT Act 

7 (42 U.S.C. 5195c(e)). 

8 (7) MANUFACTURING FACILITIES.—The term 

9 ‘‘manufacturing facilities’’ has the meaning given 

10 the term ‘‘facilities’’ in section 702 of the Defense 

11 Production Act of 1950 (50 U.S.C. 4552). 

12 (8) WESTERN HEMISPHERE.—The term ‘‘West13 ern Hemisphere’’ means a country— 

14 (A) that has a democratically elected gov15 ernment and a market economy; and 

16 (B) that is one of the following countries: 

17 (i) Anguilla. 

18 (ii) Antigua and Barbuda. 

19 (iii) Argentina. 

20 (iv) Aruba. 

21 (v) The Bahamas. 

22 (vi) Barbados. 

23 (vii) Belize. 

24 (viii) Bermuda. 

25 (ix) Bolivia. 


pbinns on DSKJLVW7X2PROD with BILLS
36 

•HR 3309 IH

1 (x) Brazil. 

2 (xi) The British Virgin Islands. 

3 (xii) Canada. 

4 (xiii) Chile. 

5 (xiv) Colombia. 

6 (xv) Costa Rica. 

7 (xvi) Dominica. 

8 (xvii) Dominican Republic. 

9 (xviii) Ecuador. 

10 (xix) El Salvador. 

11 (xx) Grenada. 

12 (xxi) Guatemala. 

13 (xxii) Guyana. 

14 (xxiii) Haiti. 

15 (xxiv) Honduras. 

16 (xxv) Jamaica. 

17 (xxvi) Mexico. 

18 (xxvii) Montserrat. 

19 (xxviii) Netherlands Antilles. 

20 (xxix) Nicaragua. 

21 (xxx) Panama. 

22 (xxxi) Paraguay. 

23 (xxxii) Peru. 

24 (xxxiii) Saint Kitts and Nevis. 

25 (xxxiv) Saint Lucia. 


pbinns on DSKJLVW7X2PROD with BILLS
37 

•HR 3309 IH

1 (xxxv) Saint Vincent and the Grena2 dines. 

3 (xxxvi) Suriname. 

4 (xxxvii) Trinidad and Tobago. 

5 (xxxviii) Turks and Caicos Islands. 

6 (xxxix) Uruguay. 

7 (xl) The sovereign government recog8 nized by the United States in Venezuela. 

Æ 


pbinns on DSKJLVW7X2PROD with BILLS