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 safe-
guard 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 addi-
tion 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 pref-
erence 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
VerDate Sep 11 2014 
22:30 Jun 21, 2021
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H3309.IH
H3309
pbinns on DSKJLVW7X2PROD with BILLS
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Manufacturing Abili-
ties Determine Economies in The Americas Act’’ or the 
‘‘MADE in The Americas Act’’. 
SEC. 2. STATEMENTS OF POLICY. 
It shall be the policy of the United States to— 
(1) diversify supply chains of covered articles in 
order to strengthen the security and economies of 
the United States and its allies; 
(2) maintain an active and leading role in glob-
al trade and medical research for the benefit of the 
workforces in the United States and its allies; 
(3) strengthen and increase trade between the 
United States and other countries in the Western 
Hemisphere in order to— 
(A) mitigate supply chain vulnerabilities; 
(B) raise living standards; 
(C) increase job opportunities; and 
(D) mitigate the underlying causes of ir-
regular immigration between such countries; 
(4) in order to safeguard against future disrup-
tions, incentivize the relocation of facilities that 
manufacture covered articles from countries of con-
cern to the Western Hemisphere; 
VerDate Sep 11 2014 
22:30 Jun 21, 2021
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3309.IH
H3309
pbinns on DSKJLVW7X2PROD with BILLS
(5) prioritize and provide diplomatic and polit-
ical support to developing countries in the Western 
Hemisphere to— 
(A) resolve any impediments to the manu-
facturing and labor protection sectors in such 
countries; 
(B) advocate for political and economic re-
forms in such countries that will improve the 
regulatory and investment environment; 
(C) resolve challenges for United States in-
vestors in such countries, including political in-
stability and corruption; and 
(D) build and maintain essential public 
services and infrastructure necessary for eco-
nomic growth and stability through access to 
debt refinancing support, as appropriate; 
(6) support and promote multilateral and bilat-
eral free trade agreements with allied nations in the 
Western Hemisphere; 
(7) support joint ventures between companies in 
the United States and domestically owned companies 
in the Western Hemisphere; and 
(8) harness existing tools, such as the United 
States Agency for International Development, the 
United States International Development Finance 
VerDate Sep 11 2014 
22:30 Jun 21, 2021
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3309.IH
H3309
pbinns on DSKJLVW7X2PROD with BILLS
Corporation, to assist countries in the Western 
Hemisphere to develop increased manufacturing ca-
pacity. 
SEC. 3. UNITED STATES STRATEGY TO COUNTER THREATS 
TO SUPPLY CHAINS FOR COVERED ARTICLES. 
(a) IN GENERAL.—In accordance with Executive 
Order 14017 (86 Fed. Reg. 11849), the President shall 
develop and implement a strategy to reduce reliance on 
concentrated supply chains for covered articles and protect 
against any threats from countries of concern relating to 
supply chains for covered articles. 
(b) ELEMENTS.— The strategy required by sub-
section (a) shall include the following elements: 
(1) A plan to provide sufficient access to cov-
ered articles by ensuring that supply chains for such 
articles are not concentrated in a country of concern. 
(2) A plan to use tools available to the Federal 
Government, such as the United States Agency for 
International Development and the United States 
International Development Finance Corporation, to 
assist countries in the Western Hemisphere to build 
capacity for manufacturing covered articles. 
(3) A plan to incentivize— 
(A) United States companies that manu-
facture covered articles to— 
VerDate Sep 11 2014 
22:30 Jun 21, 2021
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3309.IH
H3309
pbinns on DSKJLVW7X2PROD with BILLS
(i) relocate manufacturing facilities, 
personnel, or operations related to the pro-
duction of covered articles to the United 
States or to other countries in the Western 
Hemisphere; 
(ii) to expand such facilities, per-
sonnel, or operations to increase the pro-
duction of covered articles and meet in-
creasing demand for such articles; and 
(iii) to assist countries in developing 
greater manufacturing capacity; and 
(B) companies that do not manufacture 
covered articles to make necessary or appro-
priate modifications to existing manufacturing 
facilities, personnel, or operations in order to 
manufacture 1 or more covered articles. 
(4) A plan to enter into trade agreements with 
countries in the Western Hemisphere that— 
(A) protect against any threats from coun-
tries of concern relating to supply chains for 
covered articles; and 
(B) foster political and regulatory stability 
to allow a manufacturing company interested in 
relocating to such countries in the Western 
VerDate Sep 11 2014 
22:30 Jun 21, 2021
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3309.IH
H3309
pbinns on DSKJLVW7X2PROD with BILLS
Hemisphere to make long-term investment 
plans. 
(5) A plan to coordinate with other countries in 
the Western Hemisphere to avoid disruptions to the 
continued operations of supply chains for covered ar-
ticles during a covered emergency. 
(6) A plan to provide technical assistance to 
governments in the Western Hemisphere to improve 
regulatory and investment frameworks to welcome 
companies with intention to relocate manufacturing 
facilities. 
(c) SUBMISSION OF STRATEGY.— 
(1) IN GENERAL.—Not later than 60 days after 
the date of enactment of this Act, the President 
shall submit to Congress a report containing the 
strategy developed under this section. 
(2) UPDATE.—Not less than once every 4 years 
after the date on which the strategy is submitted 
under paragraph (1), the President shall submit to 
Congress an update to such strategy. 
(3) FORM.—The report submitted under para-
graph (1), and any update submitted under para-
graph (2), shall be submitted in unclassified form 
and may include a classified annex. 
VerDate Sep 11 2014 
22:30 Jun 21, 2021
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H3309.IH
H3309
pbinns on DSKJLVW7X2PROD with BILLS
(d) DEFINITION.—For purposes of this section, the 
term ‘‘country of concern’’ means a country described in 
paragraph (3)(B) of section 9 of this Act. 
SEC. 4. NATIONAL MANUFACTURING SECURITY AND RESIL-
IENCE COUNCIL. 
(a) ESTABLISHMENT.—There is hereby established 
within the Executive Office of the President the Manufac-
turing Security and Resilience Council (hereinafter re-
ferred to as the ‘‘Council’’). 
(b) MEMBERS.—The Council shall be composed of— 
(1) The President; 
(2) The Vice President; 
(3) The Secretary of Commerce; 
(4) The Secretary of State; 
(5) The Secretary of Defense; 
(6) The Secretary of Homeland Security; 
(7) The Secretary of Energy; 
(8) The Secretary of Health and Human Serv-
ices; 
(9) The Director of National Intelligence; and 
(10) The United States Trade Representative. 
(c) ADDITIONAL MEMBERS.—The President may also 
appoint up to ten additional officers of the Federal Gov-
ernment to serve on the Council, including but not limited 
to— 
VerDate Sep 11 2014 
22:30 Jun 21, 2021
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H3309.IH
H3309
pbinns on DSKJLVW7X2PROD with BILLS
(1) The National Security Advisor; 
(2) The Director of the National Economic 
Council; 
(3) The Homeland Security Advisor; 
(4) The Director of the Office of Science and 
Technology Policy; 
(5) The Director of the Cybersecurity and In-
frastructure Security Agency; 
(6) The Director of the Centers for Disease 
Control and Prevention; 
(7) The Administrator of the Federal Emer-
gency Management Agency; 
(8) The Director of the National Institute of 
Standards and Technology; and 
(9) The Director of the Hollings Manufacturing 
Extension Partnership. 
(d) PRESIDING
OFFICERS.—At meetings of the 
Council, the President shall preside or, in the absence of 
the President, a member of the Council designated by the 
President shall preside. 
(e) DESIGNEES.—Each member of the Council from 
a department or agency of the Federal Government may 
designate another officer of his department or agency to 
serve on the Council as his alternate in his unavoidable 
absence. 
VerDate Sep 11 2014 
22:30 Jun 21, 2021
Jkt 019200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H3309.IH
H3309
pbinns on DSKJLVW7X2PROD with BILLS
(f) FUNCTIONS.—The functions of the Council are 
to— 
(1) implement the strategy requested under sec-
tion 3; 
(2) determine whether a covered article is es-
sential to the critical infrastructure of the United 
States or to the ability of the United States to re-
spond to a covered emergency; 
(3) establish and maintain the database de-
scribed in subsection (j); 
(4) establish, manage, and carry out the manu-
facturing resilience grant program established under 
subsection (k); 
(5) coordinate, without assuming operational 
authority, the use of private-sector manufacturing 
resources to respond to a covered emergency; and 
(6) not less than once every year, inform Con-
gress of the activities of the Council in carrying out 
the duties and functions described in paragraphs (1) 
through (5) of this subsection. 
(g) DIRECTOR.—The Council shall be headed by a ci-
vilian Director who shall be appointed by the President 
by and with the advice and consent of the Senate. In ap-
pointing the Director, the President shall choose an indi-
vidual who— 
VerDate Sep 11 2014 
22:30 Jun 21, 2021
Jkt 019200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H3309.IH
H3309
pbinns on DSKJLVW7X2PROD with BILLS
(1) is a senior executive (as such term is de-
fined in section 3132 of title 5, United States Code); 
and 
(2) is fit to perform the duties required by the 
position, without regard to political affiliation. 
(h) STAFF.—The Council may employ a staff who 
shall be appointed by the Director. The Director, subject 
to the direction of the Council, is authorized to appoint 
and fix the compensation of such personnel consistent with 
existing civil service statutes and regulations, as may be 
necessary to perform such duties as may be prescribed by 
the Council in connection with the performance of its func-
tions. The professional staff for which this subsection pro-
vides shall not exceed 200 persons, including persons em-
ployed by, assigned to, detailed to, under contract to serve 
on, or otherwise serving or affiliated with the staff. The 
limitation in this paragraph does not apply to personnel 
serving substantially in support or administrative posi-
tions. 
(i) AUTHORITIES.—The Director of the Office may— 
(1) notwithstanding subsections (a) and (b) of 
section 3324 of title 31, United States Code, enter 
into and perform such contracts, leases, cooperative 
agreements, or other transactions as may be nec-
essary to carry out the duties of the Council, and on 
VerDate Sep 11 2014 
22:30 Jun 21, 2021
Jkt 019200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H3309.IH
H3309
pbinns on DSKJLVW7X2PROD with BILLS
such terms as the Director determines are appro-
priate, with— 
(A) any agency or instrumentality of the 
Federal Government; 
(B) any State, territory, or possession of 
the United States, including any political sub-
division thereof; and 
(C) any person or educational institution; 
(2) pursuant to subsection (h), employ such 
personnel as the Director determines are necessary 
to conduct the business of the Council; and 
(3) delegate to other employees of the Office 
such powers and authority as the Director deter-
mines may be warranted in the interests of efficiency 
and sound administration. 
(j) DATABASE.— 
(1) IN GENERAL.—The Director shall establish 
and maintain a database of information on covered 
manufacturing companies. 
(2) REQUIREMENTS.— 
(A) IN
GENERAL.—The database estab-
lished under paragraph (1) shall include infor-
mation that the Director determines is nec-
essary to effectively respond to covered emer-
gencies, including information related to— 
VerDate Sep 11 2014 
22:30 Jun 21, 2021
Jkt 019200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H3309.IH
H3309
pbinns on DSKJLVW7X2PROD with BILLS
(i) the manufacturing facilities and 
operations of a covered manufacturing 
company; and 
(ii) the types of articles manufactured 
by such company. 
(B) INFORMATION GATHERING.—To gath-
er the information described in subparagraph 
(A), the Director shall— 
(i) use existing sources of such infor-
mation; 
(ii) coordinate with the Director of the 
Census Bureau to gather data on covered 
manufacturing companies; and 
(iii) ensure the appropriate protection 
for any proprietary, confidential, or sen-
sitive information related to a covered 
manufacturing company. 
(C) REQUESTS FOR INFORMATION DURING 
EMERGENCY.—During a covered emergency, the 
Director may request specific information from 
covered manufacturing companies that the Di-
rector determines is necessary to prepare a na-
tional response to such emergency. 
(D) DESIGN.—The Director shall design 
and maintain the database in a manner that al-
VerDate 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
lows for the direct input and update of informa-
tion in the database. 
(E) TRANSPARENCY.—The Director shall 
develop policies for the operation of the data-
base that— 
(i) require the timely and accurate 
input of information into the database; and 
(ii) allow a covered manufacturing 
company to access any information in the 
database that relates to such company and 
correct any inaccurate information. 
(F) ACCESSIBILITY.—The Director shall 
ensure that the information in the database is 
available to— 
(i) appropriate acquisition officials of 
Federal agencies; 
(ii) upon request, the Chairman and 
Ranking Member of each of the appro-
priate congressional committees; and 
(iii) any other government officials 
that the Director determines are appro-
priate, except that the Director shall pro-
vide written notice to the appropriate con-
gressional committees not later than 14 
days after the date on which a new govern-
VerDate 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
ment official is granted access to the data-
base. 
(G) COVERED MANUFACTURING COMPANY 
DEFINED.—In this subsection, the term ‘‘cov-
ered manufacturing company’’ means a com-
pany in the United States that— 
(i) manufactures a covered article; or 
(ii) maintains facilities that may be 
converted to manufacture covered articles 
during a covered emergency. 
(k) MANUFACTURING SECURITY
AND RESILIENCE 
GRANT PROGRAM.— 
(1) ESTABLISHMENT.—The President shall es-
tablish a manufacturing resilience grant program, to 
be administered by the Director, to make grants to 
eligible manufacturing companies to carry out eligi-
ble projects to— 
(A) increase the manufacture of covered 
articles in countries in the Western Hemi-
sphere; 
(B) assist the Federal Government in pre-
paring for and responding to covered emer-
gencies; and 
(C) reduce reliance on concentrated supply 
chains for covered articles. 
VerDate Sep 11 2014 
22:30 Jun 21, 2021
Jkt 019200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H3309.IH
H3309
pbinns on DSKJLVW7X2PROD with BILLS
(2) ELIGIBLE MANUFACTURING COMPANIES.— 
To be eligible to receive a grant under this sub-
section, a manufacturing company shall— 
(A) be a domestic corporation that is en-
gaged in the business of manufacturing; 
(B) be capable of manufacturing covered 
articles to assist the Federal Government in 
preparing for and responding to a covered 
emergency, as determined by the Director; and 
(C) provide all necessary information for 
inclusion in the database established under sub-
section (j), as requested by the Director. 
(3) ELIGIBLE
PROJECTS.—A grant recipient 
may use funds awarded under this subsection for a 
project that— 
(A) relocates manufacturing facilities, per-
sonnel, or operations related to covered articles 
out of a country of concern and into the United 
States or other foreign country in the Western 
Hemisphere; 
(B) modifies manufacturing facilities or 
operations related to covered articles to— 
(i) create new capabilities for such 
grant recipient to manufacture covered ar-
ticles; 
VerDate Sep 11 2014 
22:30 Jun 21, 2021
Jkt 019200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H3309.IH
H3309
pbinns on DSKJLVW7X2PROD with BILLS
(ii) expand existing operations to in-
crease the manufacture of covered articles; 
or 
(iii) accommodate any manufacturing 
operations or personnel related to covered 
articles that are relocated to a country in 
the Western Hemisphere; or 
(C) develops tools or processes that relate 
to procuring, transporting, or storing covered 
articles. 
(4) USE OF FUNDS.— 
(A) IN
GENERAL.—Grant amounts re-
ceived for a project under this subsection may 
be used for any costs associated with such 
project, including administrative costs and 
workforce development initiatives. 
(B) LIMITATION.—Grant amounts received 
for a project under this subsection may not be 
used to support manufacturing facilities or op-
erations located in a country of concern. 
(5) CONDITIONS.—As a condition on the receipt 
of a grant under this subsection, the grant recipient 
shall— 
(A) not later than 1 year after receiving a 
grant, agree to manufacture the amount of cov-
VerDate 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
ered articles that the Director determines is 
reasonable, to be made available for purchase 
by the Federal Government beneficiary with re-
spect to which such amounts were provided; 
and 
(B) coordinate with the Director to assist 
the United States to prepare for and respond to 
a covered emergency by manufacturing covered 
articles when necessary. 
(6) APPLICATION.—To be eligible for a grant 
under this subsection, an eligible manufacturing 
company shall submit to the Director an application 
in such form, at such time, and containing such in-
formation as the Director determines appropriate, 
including— 
(A) a description of the proposed project to 
be carried out with grant funds; 
(B) a description of the type of covered ar-
ticles that such company intends to produce in 
carrying out such project; and 
(C) an estimation of the total costs for 
such project. 
(7) SELECTION OF GRANT RECIPIENT.— 
(A) 
CONSULTATION
REQUIRED.—In 
awarding grants for amounts allocated pursu-
VerDate 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
ant to subparagraphs (B) through (J) of sub-
section (m)(2), the Director shall consult with 
the applicable Federal Government beneficiary. 
(B) DIVERSITY OF COVERED ARTICLES.— 
To the extent practicable, the Director shall en-
sure that grants are awarded for proposed 
projects that will result in the production of a 
diverse type of covered articles. 
(C) PRIORITY.—In awarding a grant under 
this subsection, the Director shall prioritize 
awarding grants for proposed projects that— 
(i) will operate within the United 
States and employ citizens of the United 
States; and 
(ii) will result in the production of 
covered articles that relate to the strategic 
needs of the Federal Government in pre-
paring for and responding to covered emer-
gencies. 
(8) GRANT AMOUNT.— 
(A) IN GENERAL.—The Federal share of 
the total cost of a project receiving a grant 
under this subsection, as estimated under para-
graph (6)(C), shall be 75 percent. 
VerDate Sep 11 2014 
22:30 Jun 21, 2021
Jkt 019200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H3309.IH
H3309
pbinns on DSKJLVW7X2PROD with BILLS
(B) LIMITATION.—An eligible manufac-
turing company may not receive more than a 
total of $500,000,000 in grant funds in 1 fiscal 
year. 
(C) TOTAL AMOUNTS TO SUPPORT FED-
ERAL GOVERNMENT BENEFICIARIES.— 
(i) MINIMUM TOTAL AMOUNT.—Of the 
amounts allocated for grants pursuant to 
subparagraphs (B) through (J) of sub-
section (m)(2), the total amount of funds 
awarded for the support of a single Fed-
eral Government beneficiary shall be not 
less than $500,000,000. 
(ii) MAXIMUM
TOTAL
AMOUNT.—Of 
the amounts allocated for grants pursuant 
to subsection (m)(2)(A), the total amount 
of funds provided for the support of a sin-
gle Federal Government beneficiary may 
not exceed $2,000,000,000. 
(9) DEFINITION.—In this subsection, the term 
‘‘Federal Government beneficiary’’ means the fol-
lowing: 
(A) The Department of Agriculture. 
(B) The Department of Defense. 
(C) The Department of Energy. 
VerDate Sep 11 2014 
22:30 Jun 21, 2021
Jkt 019200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H3309.IH
H3309
pbinns on DSKJLVW7X2PROD with BILLS
(D) The Department of Health and 
Human Services. 
(E) The Department of Homeland Secu-
rity. 
(F) The Department of the Interior. 
(G) The Department of the Treasury. 
(H) The Environmental Protection Agency. 
(l) ADVISORY BOARD.— 
(1) ESTABLISHMENT.—There is established an 
Manufacturing Security and Resilience Advisory 
Board (hereinafter referred to as the ‘‘Advisory 
Board’’). 
(2) MEMBERS.—The President shall appoint 
twenty members to the Advisory Board, each having 
demonstrated expertise relating to, or experience op-
erating in, the manufacturing industry and with 
supply chain management, and consisting of— 
(A) eight representatives from United 
States manufacturing companies; 
(B) four representatives from academic in-
stitutions; 
(C) four representatives from labor organi-
zations; and 
(D) four representatives from non-profit 
organizations. 
VerDate Sep 11 2014 
22:30 Jun 21, 2021
Jkt 019200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H3309.IH
H3309
pbinns on DSKJLVW7X2PROD with BILLS
(3) CHAIR.—The Chair of the Advisory Board 
shall be appointed by the President from its mem-
bership. 
(4) MEETINGS.—The Advisory Board shall 
meet not less than four times each year at the call 
of the Chair. 
(5) FUNCTIONS.—The functions of the Advisory 
Board are to— 
(A) review the general policies and oper-
ations of the Council and advise the Council 
with respect to such policies and operations; 
(B) collaborate with the Hollings Manufac-
turing Extension Partnership, established pur-
suant to section 25 of the National Institute of 
Standards and Technology Act (15 U.S.C. 
278k), and the Manufacturing USA Program, 
established pursuant to section 34 of such Act 
(15 U.S.C. 278s), to assist Federal, State, and 
local governments in identifying industrial re-
sources and opportunities to prepare for and re-
spond to covered emergencies; 
(C) commission and conduct research to 
identify and analyze how to improve the ability 
of the United States manufacturing sector to 
VerDate Sep 11 2014 
22:30 Jun 21, 2021
Jkt 019200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H3309.IH
H3309
pbinns on DSKJLVW7X2PROD with BILLS
assist Federal, State, and local governments in 
responding to covered emergencies; and 
(D) identify best practices for federal, 
State, and local governments and the United 
States Manufacturing sector to effectively and 
efficiently respond to covered emergencies; 
(m) FUNDING.— 
(1) MANUFACTURING
SECURITY
AND
RESIL-
IENCE COUNCIL.—To operate the Manufacturing Se-
curity and Resilience Council established by this sec-
tion, there is authorized to be appropriated 
$50,000,000 for each of fiscal years 2021 through 
2031, to remain available until expended. 
(2) MANUFACTURING
SECURITY
AND
RESIL-
IENCE
GRANT
PROGRAM.—For grants awarded 
under subsection (k), there is authorized to be ap-
propriated $24,950,000,000 for each of fiscal years 
2021 through 2031, to remain available until ex-
pended. Of the funds made available under the pre-
ceding sentence, the Director shall allocate for each 
fiscal year— 
(A) 32 percent for grants proposed to sup-
port any of the Federal Government bene-
ficiaries for the strategic needs of the Federal 
Government; 
VerDate Sep 11 2014 
22:30 Jun 21, 2021
Jkt 019200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H3309.IH
H3309
pbinns on DSKJLVW7X2PROD with BILLS
(B) 4 percent for grants proposed to sup-
port the Office of Cybersecurity and Commu-
nications within the Department of Homeland 
Security; 
(C) 28 percent for grants proposed to sup-
port— 
(i) the Office of Infrastructure Protec-
tion within the Department of Homeland 
Security; 
(ii) the Transportation Security Ad-
ministration; 
(iii) the United States Coast Guard; 
and 
(iv) the Federal Protective Service; 
(D) 4 percent for grants proposed to sup-
port the Department of Agriculture; 
(E) 12 percent for grants proposed to sup-
port the Department of Defense; 
(F) 8 percent for grants proposed to sup-
port the Department of Energy; 
(G) 6 percent for grants proposed to sup-
port the Department of Health and Human 
Services; 
(H) 4 percent for grants proposed to sup-
port the Environmental Protection Agency; 
VerDate Sep 11 2014 
22:30 Jun 21, 2021
Jkt 019200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H3309.IH
H3309
pbinns on DSKJLVW7X2PROD with BILLS
(I) 1 percent for grants proposed to sup-
port the Department of the Treasury; and 
(J) 1 percent for grants proposed to sup-
port the Department of the Interior. 
(n) DEFINITIONS.—In this section: 
(1) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the National Manufacturing Security 
and Resilience Council established by this section. 
(2) COUNCIL.—The term ‘‘Council’’ means the 
National Manufacturing Security and Resilience 
Council established by this section. 
SEC. 5. WESTERN HEMISPHERE TRADE PREFERENCE PRO-
GRAM. 
(a) AUTHORITY TO PROVIDE DUTY-FREE TREAT-
MENT.—Notwithstanding any other provision of law and 
subject to subsection (b), the President is authorized to 
provide duty-free treatment for any eligible article from 
any beneficiary Western Hemisphere country in accord-
ance with the provisions of this section. 
(b) DESIGNATION OF BENEFICIARY WESTERN HEMI-
SPHERE COUNTRIES.— 
(1) AUTHORITY TO DESIGNATE.—The President 
is authorized to designate Western Hemisphere 
countries described in paragraph (8)(B) of section 9 
VerDate Sep 11 2014 
22:30 Jun 21, 2021
Jkt 019200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H3309.IH
H3309
pbinns on DSKJLVW7X2PROD with BILLS
of this Act as beneficiary Western Hemisphere coun-
tries for purposes of this section. 
(2) COUNTRIES
INELIGIBLE
FOR
DESIGNA-
TION.—The President may not designate a Western 
Hemisphere country as a beneficiary Western Hemi-
sphere country under this section if such country— 
(A) does not have a democratically elected 
government or a market economy; 
(B) has nationalized, expropriated, or oth-
erwise seized ownership or control of property 
owned by a United States citizen or by a cor-
poration, partnership, or association that is 50 
percent or more beneficially owned by United 
States citizens; 
(C) affords preferential treatment to the 
products of a developed country, other than the 
United States, which has, or is likely to have, 
a significant adverse effect on United States 
commerce, unless— 
(i) the President receives satisfactory 
assurances that such preferential treat-
ment will be eliminated or that action will 
be taken to assure that there will be no 
such significant adverse effect; and 
VerDate Sep 11 2014 
22:30 Jun 21, 2021
Jkt 019200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H3309.IH
H3309
pbinns on DSKJLVW7X2PROD with BILLS
(ii) the President reports such assur-
ances to Congress; 
(D) is not a signatory to a treaty, conven-
tion, protocol, or other agreement regarding the 
extradition of United States citizens; or 
(E) does not afford and enforce in law and 
practice 
internationally 
recognized 
worker 
rights for workers in the country. 
(c) ELIGIBLE ARTICLES.— 
(1) IN GENERAL.—Subject to paragraphs (2) 
and (3), the duty-free treatment provided under this 
section shall apply to any article— 
(A) that is the growth, product, or manu-
facture of a beneficiary Western Hemisphere 
country; and 
(B) that is needed to support the critical 
infrastructure of the United States. 
(2) RULES
OF
ORIGIN.—The duty-free treat-
ment provided under this section shall apply to any 
eligible article that is the growth, product, or manu-
facture of a beneficiary Western Hemisphere country 
if— 
(A) such article is imported directly from 
such country into the customs territory of the 
United States; and 
VerDate Sep 11 2014 
22:30 Jun 21, 2021
Jkt 019200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H3309.IH
H3309
pbinns on DSKJLVW7X2PROD with BILLS
(B) the sum of— 
(i) the cost or value of the materials 
produced in the beneficiary Western Hemi-
sphere country or any two or more such 
countries that are members of the same as-
sociation of countries, plus 
(ii) the direct costs of processing oper-
ations performed in such beneficiary West-
ern Hemisphere country or such member 
countries, 
is not less than 35 percent of the appraised 
value of such article at the time it is entered. 
(3) INELIGIBLE ARTICLES.—An article may not 
be treated as the growth, product, or manufacture of 
a beneficiary Western Hemisphere country by virtue 
of having merely undergone— 
(A) simple combining or packaging oper-
ations; or 
(B) mere dilution with water or another 
substance that does not materially alter the 
characteristics of the article. 
(d) DEFINITIONS.—In this section, the terms ‘‘en-
tered’’ and ‘‘internationally recognized worker rights’’ 
have the meanings given such terms in section 507 of the 
Trade Act of 1974 (19 U.S.C. 2467). 
VerDate Sep 11 2014 
22:30 Jun 21, 2021
Jkt 019200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H3309.IH
H3309
pbinns on DSKJLVW7X2PROD with BILLS
(e) TERMINATION.—No duty-free treatment provided 
under this section shall remain in effect after September 
30, 2030. 
SEC. 6. TEMPORARY INCREASED EXPENSING FOR RELO-
CATING MANUFACTURING TO THE WESTERN 
HEMISPHERE. 
(a) IN GENERAL.—For purposes of section 168(k) of 
the Internal Revenue Code of 1986, in the case of any 
qualified United States manufacturing property which is 
placed in service after December 31, 2020, and before 
January 1, 2026— 
(1) such property shall be treated as qualified 
property (within the meaning of such section); 
(2) the applicable percentage otherwise deter-
mined under section 168(k)(6) of such Code with re-
spect to such property shall be— 
(A) if placed in the United States, 100 
percent; and 
(B) if placed within a country in the West-
ern Hemisphere, 60 percent; and 
(3) paragraph (8) of such section shall not 
apply. 
(b) DEFINITION.—In this section the term ‘‘qualified 
United States manufacturing property’’ means a domestic 
corporation that is engaged in the business of manufac-
VerDate 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
turing covered articles with property outside the Western 
Hemisphere that places in service tangible property within 
the Western Hemisphere. 
(c) TERMINATION.—This section shall not apply to 
any property placed in service after December 31, 2025. 
SEC. 7. AMERICAN SECURITY PRODUCT TAX CREDIT. 
(a) IN GENERAL.—Subpart D of part IV of sub-
chapter A of chapter 1 of the Internal Revenue Code of 
1986 is amended by adding at the end the following new 
section: 
‘‘SEC. 45U. AMERICAN SECURITY PRODUCT TAX CREDIT. 
‘‘(a) IN GENERAL.—For purposes of section 38, the 
American security product tax credit for any taxable year 
is an amount equal to— 
‘‘(1) 30 percent of the qualified costs of Amer-
ican security products manufactured in the United 
States, or 
‘‘(2) 15 percent of the qualified costs of Amer-
ican security products manufactured in a Western 
Hemisphere country. 
‘‘(b) MAXIMUM CREDIT.—The aggregate credit de-
termined under subsection (a) for any taxable year with 
respect to any taxpayer shall not exceed the excess (if any) 
of the taxpayer’s net income tax over the greater of— 
VerDate Sep 11 2014 
22:30 Jun 21, 2021
Jkt 019200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H3309.IH
H3309
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(1) the tentative minimum tax for the taxable 
year, or 
‘‘(2) 25 percent of so much of the taxpayer’s 
net regular tax liability as exceeds $25,000. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) AMERICAN
SECURITY
PRODUCT.—The 
term ‘American security product’ means— 
‘‘(A) a covered article as such term is de-
fined in section 9 of the MADE in The Amer-
icas Act, and 
‘‘(B) at least 50 percent of the value of 
which shall be derived from components manu-
factured in the United States. 
‘‘(2) QUALIFIED
COSTS.—The term ‘qualified 
costs’ means costs incurred in the production of an 
American security product. 
‘‘(3) UNITED
STATES.—The term ‘United 
States’ shall include the Commonwealth of Puerto 
Rico and the Commonwealth of the Northern Mar-
iana Islands.’’. 
(b) DENIAL OF DOUBLE BENEFIT.—Section 280C of 
such Code is amended by adding at the end the following 
new subsection: 
‘‘(i) CREDIT FOR AMERICAN SECURITY PRODUCTS.— 
No deduction shall be allowed for that portion of expenses 
VerDate Sep 11 2014 
22:30 Jun 21, 2021
Jkt 019200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H3309.IH
H3309
pbinns on DSKJLVW7X2PROD with BILLS
otherwise allowable as a deduction taken into account in 
determining the credit under section 45U for the taxable 
year.’’. 
(c) CREDIT MADE PART OF GENERAL BUSINESS 
CREDIT.—Section 38(b) of such Code is amended by strik-
ing ‘‘plus’’ at the end of paragraph (32), by striking the 
period at the end of paragraph (33) and inserting ‘‘, plus’’, 
and by adding at the end the following new paragraph: 
‘‘(34) the American security product tax credit 
determined under section 45U.’’. 
(d) CLERICAL AMENDMENT.—The table of sections 
for subpart D of part IV of subchapter A of chapter 1 
of such Code is amended by adding at the end the fol-
lowing new item: 
‘‘45U. American security product tax credit.’’. 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall apply to expenses made or incurred be-
ginning on the first day of the first full calendar quarter 
after the date of enactment of this section. 
SEC. 8. LIMITATION. 
None of the funds made available to carry out this 
Act or the amendments made by this Act may be used 
to support a state-owned enterprise of a country of con-
cern. 
SEC. 9. DEFINITIONS. 
In this Act: 
VerDate Sep 11 2014 
22:30 Jun 21, 2021
Jkt 019200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H3309.IH
H3309
pbinns on DSKJLVW7X2PROD with BILLS
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Energy and Com-
merce, the Committee on Foreign Affairs, and 
the Committee on Ways and Means of the 
House of Representatives; and 
(B) the Committee on Commerce, Science, 
and Transportation, the Committee on Foreign 
Relations, and the Committee on Finance of the 
Senate. 
(2) 
CONCENTRATED.—The 
term 
‘‘con-
centrated’’ means— 
(A) a supply chain for a covered article— 
(i) that is under any form of control 
or influence by a country of concern; 
(ii) that is subject to undue manipula-
tion by a country of concern; or 
(iii) for which 30 percent of the pro-
duction of such covered article occurs in a 
single foreign country that is located out-
side of the Western Hemisphere; or 
(B) a covered article for which more than 
50 percent of the supply of such article in the 
United States is imported from a foreign coun-
VerDate 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
try that is located outside of the Western Hemi-
sphere. 
(3) COUNTRY OF CONCERN.—The term ‘‘coun-
try of concern’’ means a country— 
(A) in which a concentrated supply chain 
for a covered article is located; 
(B) that poses a significant national secu-
rity threat to the United States; 
(C) that does not have a democratically 
elected government or a market economy; or 
(D) that commits crimes against humanity 
or genocide. 
(4) COVERED ARTICLE.—The term ‘‘covered ar-
ticle’’ means any material (including minerals, met-
als, and advanced processed materials), commodity, 
product, service, process, or manufacturing equip-
ment that— 
(A) the Director of the National Manufac-
turing Security and Resiliency Council deter-
mines is essential— 
(i) to the critical infrastructure of the 
United States; or 
(ii) to the ability of the United States 
to respond to a covered emergency; 
VerDate Sep 11 2014 
22:30 Jun 21, 2021
Jkt 019200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H3309.IH
H3309
pbinns on DSKJLVW7X2PROD with BILLS
(B) is included in the Strategic National 
Stockpile pursuant to section 319F–2 of the 
Public Health Service Act (42 U.S.C. 247d– 
6b); 
(C) the Secretary of Health and Human 
Services determines is essential to the National 
Health Security Strategy described in section 
2802 of the Public Health Service Act (42 
U.S.C. 300hh–1); or 
(D) is a critical component, critical tech-
nology item, or material as defined in section 
702 of the Defense Production Act of 1950 (50 
U.S.C. 4552). 
(5) COVERED EMERGENCY.—The term ‘‘covered 
emergency’’ means— 
(A) a public health emergency declared by 
the Secretary of Health and Human Services 
pursuant to section 319 of the Public Health 
Service Act (42 U.S.C. 247d); 
(B) an event for which the President de-
clares a major disaster or an emergency under 
section 401 or 501, respectively, of the Robert 
T. Stafford Disaster Relief and Emergency As-
sistance Act (42 U.S.C. 5170 and 5191); or 
VerDate Sep 11 2014 
22:30 Jun 21, 2021
Jkt 019200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H3309.IH
H3309
pbinns on DSKJLVW7X2PROD with BILLS
(C) a national emergency declared by the 
President under the National Emergencies Act 
(50 U.S.C. 1601 et seq.). 
(6) CRITICAL
INFRASTRUCTURE.—The term 
‘‘critical infrastructure’’ has the meaning given the 
term in section 1016(e) of the USA PATRIOT Act 
(42 U.S.C. 5195c(e)). 
(7) MANUFACTURING
FACILITIES.—The term 
‘‘manufacturing facilities’’ has the meaning given 
the term ‘‘facilities’’ in section 702 of the Defense 
Production Act of 1950 (50 U.S.C. 4552). 
(8) WESTERN HEMISPHERE.—The term ‘‘West-
ern Hemisphere’’ means a country— 
(A) that has a democratically elected gov-
ernment and a market economy; and 
(B) that is one of the following countries: 
(i) Anguilla. 
(ii) Antigua and Barbuda. 
(iii) Argentina. 
(iv) Aruba. 
(v) The Bahamas. 
(vi) Barbados. 
(vii) Belize. 
(viii) Bermuda. 
(ix) Bolivia. 
VerDate Sep 11 2014 
22:30 Jun 21, 2021
Jkt 019200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H3309.IH
H3309
pbinns on DSKJLVW7X2PROD with BILLS
(x) Brazil. 
(xi) The British Virgin Islands. 
(xii) Canada. 
(xiii) Chile. 
(xiv) Colombia. 
(xv) Costa Rica. 
(xvi) Dominica. 
(xvii) Dominican Republic. 
(xviii) Ecuador. 
(xix) El Salvador. 
(xx) Grenada. 
(xxi) Guatemala. 
(xxii) Guyana. 
(xxiii) Haiti. 
(xxiv) Honduras. 
(xxv) Jamaica. 
(xxvi) Mexico. 
(xxvii) Montserrat. 
(xxviii) Netherlands Antilles. 
(xxix) Nicaragua. 
(xxx) Panama. 
(xxxi) Paraguay. 
(xxxii) Peru. 
(xxxiii) Saint Kitts and Nevis. 
(xxxiv) Saint Lucia. 
VerDate Sep 11 2014 
22:30 Jun 21, 2021
Jkt 019200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H3309.IH
H3309
pbinns on DSKJLVW7X2PROD with BILLS
(xxxv) Saint Vincent and the Grena-
dines. 
(xxxvi) Suriname. 
(xxxvii) Trinidad and Tobago. 
(xxxviii) Turks and Caicos Islands. 
(xxxix) Uruguay. 
(xl) The sovereign government recog-
nized by the United States in Venezuela. 
Æ 
VerDate Sep 11 2014 
22:30 Jun 21, 2021
Jkt 019200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6301
E:\BILLS\H3309.IH
H3309
pbinns on DSKJLVW7X2PROD with BILLS