I 
117TH CONGRESS 
1ST SESSION H. R. 6011 
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 HOUSE OF REPRESENTATIVES 
NOVEMBER 17, 2021 
Ms. TENNEY introduced the following bill; which was referred to the Com-
mittee on Ways and Means, and in addition to the Committee on Energy 
and Commerce, for a period to be subsequently determined by the Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction of the committee concerned 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Make in America to 
Sell in America Act of 2021’’. 
SEC. 2. FINDINGS; SENSE OF CONGRESS. 
(a) FINDINGS.—Congress makes the following find-
ings: 
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(1) Excessive globalization has been a disaster 
for United States workers in the manufacturing sec-
tor. 
(2) The erosion of the domestic industrial base 
of the United States is the result of the lack of ade-
quate protection for both domestic industry and 
United States workers from import competition. 
(3) Since 2001, approximately 60,000 factories 
have shuttered in the United States. 
(4) The COVID–19 pandemic revealed the de-
gree to which the United States is dependent on the 
People’s Republic of China for certain critical manu-
factured goods. 
(5) The United States currently mandates do-
mestic sourcing by requiring certain government 
agencies to purchase only goods that are produced in 
whole or in part in the United States. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that a targeted regime of local content requirements 
across manufactured goods sold in the United States 
should be deployed to boost domestic industry, repatriate 
supply chains, and nurture infant industries. 
SEC. 3. DEFINITIONS. 
In this Act: 
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(1) COMMISSION.—The term ‘‘Commission’’ 
means the United States International Trade Com-
mission. 
(2) COVERED GOOD.—The term ‘‘covered good’’ 
means a good identified by the Secretary of Com-
merce in the report required by section 4. 
(3) INTRODUCE FOR SALE.—The term ‘‘intro-
duce for sale’’, with respect to a good, means to im-
port the good into the United States or produce the 
good for consumption in the United States. 
SEC. 4. IDENTIFICATION OF CRITICAL GOODS. 
(a) IN GENERAL.—Not later than one year after the 
date of the enactment of this Act, and annually thereafter, 
the Secretary of Commerce, in consultation with the Sec-
retary of Defense, shall submit to Congress and make 
available to the public a report that identifies finished 
goods and intermediate goods the domestic production of 
which is critical for the protection of the industrial base 
in the United States or for the national security of the 
United States. 
(b) CONSIDERATIONS.—In considering whether the 
production of a good is critical for the protection of the 
industrial base or for the national security of the United 
States, the Secretary of Commerce may consider— 
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(1) the relative lack of the domestic production 
of the good compared to domestic demand for the 
good; 
(2) the extent to which the global supply chain 
of the good is vulnerable; and 
(3) the employment effects of restoring or es-
tablishing production of the good in the United 
States. 
SEC. 5. MINIMUM DOMESTIC CONTENT REQUIREMENT. 
(a) IN GENERAL.—Except as provided in subsection 
(c) or (d), a covered good may not be introduced for sale 
in the United States unless the domestic value content of 
the good is more than 50 percent. 
(b) DOMESTIC VALUE CONTENT.— 
(1) CALCULATION.—The domestic value content 
of a covered good may be calculated on the basis of 
the following transaction value method: 
TV¥VNM 
DVC = ————— × 100 
TV 
(2) DEFINITIONS.—In this subsection: 
(A) DVC.—The term ‘‘DVC’’ means the 
domestic value content of the good, expressed 
as a percentage. 
(B) ORIGINATING GOOD; ORIGINATING MA-
TERIAL.— 
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on which the President submits the report required 
by paragraph (1)(B) with respect to the waiver. 
(3) PROHIBITION
ON
RENEWAL.—A waiver 
issued under paragraph (1) may not be renewed. 
(4) BRIEFINGS REQUIRED.—Not less frequently 
than annually, the President shall brief the Com-
mittee on Finance of the Senate and the Committee 
on Ways and Means of the House of Representatives 
with respect to the waivers issued under paragraph 
(1) and the determinations made under paragraph 
(1)(A) with respect to those waivers during the pre-
ceding year. 
(5) PUBLIC LIST.—Not less frequently than an-
nually, the President shall make available to the 
public a list of all waivers issued under paragraph 
(1) during the preceding year. 
(e) REGULATIONS.—The Secretary of Commerce, in 
consultation with the Commissioner of U.S. Customs and 
Border Protection, shall prescribe regulations and guid-
ance to carry out this section, including with respect to 
the calculation and applicability of the minimum domestic 
content requirement under subsection (a). 
SEC. 6. ENFORCEMENT. 
(a) IN GENERAL.— 
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(1) PENALTIES.—If the Secretary of Commerce 
determines that a person introduces for sale, or 
causes to be introduced for sale, a covered good in 
the United States in violation of section 4(a), that 
person shall be liable for a civil penalty not to exceed 
the greater of— 
(A) the amount that is twice the total 
transaction value of the good; or 
(B) $5,000,000. 
(2) CONSIDERATIONS.—In making a determina-
tion under paragraph (1) with respect to an alleged 
violation of section 4(a), the Secretary of Commerce 
shall consider the findings of the Commission pursu-
ant to an investigation conducted under subsection 
(b) with respect to the alleged violation. 
(b) INVESTIGATIONS BY COMMISSION.— 
(1) PETITIONS.—The Commission may initiate 
an investigation into an alleged violation of section 
4(a) with respect to a covered good upon the filing 
of a petition by a domestic producer of the covered 
good or the Secretary of Commerce. 
(2) NOTIFICATION.—Upon receipt of a petition 
filed under paragraph (1), the Commission shall no-
tify the person alleged to have violated section 4(a) 
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of the petition and the allegations included in the 
petition. 
(3) INITIATION OF INVESTIGATION.—Not later 
than 20 days after receiving a petition filed under 
paragraph (1), the Commission shall— 
(A) after examining, on the basis of 
sources readily available, the accuracy and ade-
quacy of the allegations included in the petition, 
determine whether the petition— 
(i) alleges the elements necessary for 
the imposition of a penalty under sub-
section (a)(1); and 
(ii) contains information reasonably 
available to the petitioner supporting the 
allegations; 
(B) determine whether the covered good 
that is the subject of the petition is covered by 
a waiver issued under section 4(c); and 
(C) if the determination under subpara-
graph (A) is affirmative and the determination 
under subparagraph (B) is negative, initiate an 
investigation. 
(4) FINDINGS.— 
(A) IN GENERAL.—Not later than 60 days 
after initiating an investigation under para-
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graph (3)(C), and after soliciting public com-
ments, soliciting evidence from the parties, and 
examining other relevant sources, the Commis-
sion shall make a finding with respect to wheth-
er, based on a preponderance of evidence, the 
person that is the subject of the investigation 
has violated section 4(a). 
(B) NOTIFICATIONS.—If the finding of the 
Commission under subparagraph (A) is affirma-
tive, the Commission shall— 
(i) notify all parties to the investiga-
tion of the finding; and 
(ii) make available to the public the 
facts and conclusions upon which the find-
ing was based. 
(5) WITHDRAWAL OF PETITIONS.—The Com-
mission may terminate an investigation initiated 
under paragraph (3), after notice to all parties to 
the investigation, if the petition filed under para-
graph (1) is withdrawn by the petitioner. 
(6) STAFF.—The Commission may hire suffi-
cient staff to carry out investigations under this sub-
section. 
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(7) REGULATIONS.—The Commission may pre-
scribe regulations and guidance as necessary to 
carry out this subsection. 
SEC. 7. APPLICABILITY. 
The provisions of this Act apply with respect to goods 
introduced for sale in the United States on and after the 
date that is 3 years after the date of the enactment of 
this Act. 
Æ 
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