[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3309 Introduced in House (IH)]
<DOC>
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Manufacturing Abilities 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 global 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 irregular
immigration between such countries;
(4) in order to safeguard against future disruptions,
incentivize the relocation of facilities that manufacture
covered articles from countries of concern to the Western
Hemisphere;
(5) prioritize and provide diplomatic and political support
to developing countries in the Western Hemisphere to--
(A) resolve any impediments to the manufacturing
and labor protection sectors in such countries;
(B) advocate for political and economic reforms in
such countries that will improve the regulatory and
investment environment;
(C) resolve challenges for United States investors
in such countries, including political instability and
corruption; and
(D) build and maintain essential public services
and infrastructure necessary for economic growth and
stability through access to debt refinancing support,
as appropriate;
(6) support and promote multilateral and bilateral 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 Corporation, to assist
countries in the Western Hemisphere to develop increased
manufacturing capacity.
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 subsection (a) shall
include the following elements:
(1) A plan to provide sufficient access to covered 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 manufacture
covered articles to--
(i) relocate manufacturing facilities,
personnel, or operations related to the
production of covered articles to the United
States or to other countries in the Western
Hemisphere;
(ii) to expand such facilities, personnel,
or operations to increase the production of
covered articles and meet increasing 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 appropriate 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 countries 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 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 articles 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 paragraph (1), and
any update submitted under paragraph (2), shall be submitted in
unclassified form and may include a classified annex.
(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 RESILIENCE COUNCIL.
(a) Establishment.--There is hereby established within the
Executive Office of the President the Manufacturing Security and
Resilience Council (hereinafter referred 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 Services;
(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 Government to serve on the Council,
including but not limited to--
(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 Infrastructure
Security Agency;
(6) The Director of the Centers for Disease Control and
Prevention;
(7) The Administrator of the Federal Emergency 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.
(f) Functions.--The functions of the Council are to--
(1) implement the strategy requested under section 3;
(2) determine whether a covered article is essential to the
critical infrastructure of the United States or to the ability
of the United States to respond to a covered emergency;
(3) establish and maintain the database described in
subsection (j);
(4) establish, manage, and carry out the manufacturing
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 Congress 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 civilian Director
who shall be appointed by the President by and with the advice and
consent of the Senate. In appointing the Director, the President shall
choose an individual who--
(1) is a senior executive (as such term is defined 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 functions. The professional
staff for which this subsection provides shall not exceed 200 persons,
including persons employed 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 positions.
(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 necessary to carry out the duties of the
Council, and on such terms as the Director determines are
appropriate, with--
(A) any agency or instrumentality of the Federal
Government;
(B) any State, territory, or possession of the
United States, including any political subdivision
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 determines 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 established under
paragraph (1) shall include information that the
Director determines is necessary to effectively respond
to covered emergencies, including information related
to--
(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 gather the
information described in subparagraph (A), the Director
shall--
(i) use existing sources of such
information;
(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 sensitive
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 Director determines is necessary to
prepare a national response to such emergency.
(D) Design.--The Director shall design and maintain
the database in a manner that allows for the direct
input and update of information in the database.
(E) Transparency.--The Director shall develop
policies for the operation of the database 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 appropriate congressional
committees; and
(iii) any other government officials that
the Director determines are appropriate, except
that the Director shall provide written notice
to the appropriate congressional committees not
later than 14 days after the date on which a
new government official is granted access to
the database.
(G) Covered manufacturing company defined.--In this
subsection, the term ``covered manufacturing company''
means a company 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 establish a
manufacturing resilience grant program, to be administered by
the Director, to make grants to eligible manufacturing
companies to carry out eligible projects to--
(A) increase the manufacture of covered articles in
countries in the Western Hemisphere;
(B) assist the Federal Government in preparing for
and responding to covered emergencies; and
(C) reduce reliance on concentrated supply chains
for covered articles.
(2) Eligible manufacturing companies.--To be eligible to
receive a grant under this subsection, a manufacturing company
shall--
(A) be a domestic corporation that is engaged 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 subsection (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, personnel,
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 articles;
(ii) expand existing operations to increase
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 received 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 operations 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 covered articles
that the Director determines is reasonable, to be made
available for purchase by the Federal Government
beneficiary with respect 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 information 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 articles
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 pursuant to subparagraphs (B) through
(J) of subsection (m)(2), the Director shall consult
with the applicable Federal Government beneficiary.
(B) Diversity of covered articles.--To the extent
practicable, the Director shall ensure 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 preparing
for and responding to covered emergencies.
(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 paragraph (6)(C), shall
be 75 percent.
(B) Limitation.--An eligible manufacturing company
may not receive more than a total of $500,000,000 in
grant funds in 1 fiscal year.
(C) Total amounts to support federal government
beneficiaries.--
(i) Minimum total amount.--Of the amounts
allocated for grants pursuant to subparagraphs
(B) through (J) of subsection (m)(2), the total
amount of funds awarded for the support of a
single Federal 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 single Federal Government
beneficiary may not exceed $2,000,000,000.
(9) Definition.--In this subsection, the term ``Federal
Government beneficiary'' means the following:
(A) The Department of Agriculture.
(B) The Department of Defense.
(C) The Department of Energy.
(D) The Department of Health and Human Services.
(E) The Department of Homeland Security.
(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 operating 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
institutions;
(C) four representatives from labor organizations;
and
(D) four representatives from non-profit
organizations.
(3) Chair.--The Chair of the Advisory Board shall be
appointed by the President from its membership.
(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 operations of
the Council and advise the Council with respect to such
policies and operations;
(B) collaborate with the Hollings Manufacturing
Extension Partnership, established pursuant 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 resources
and opportunities to prepare for and respond to covered
emergencies;
(C) commission and conduct research to identify and
analyze how to improve the ability of the United States
manufacturing sector to 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 resilience council.--To
operate the Manufacturing Security and Resilience Council
established by this section, 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 resilience grant program.--
For grants awarded under subsection (k), there is authorized to
be appropriated $24,950,000,000 for each of fiscal years 2021
through 2031, to remain available until expended. Of the funds
made available under the preceding sentence, the Director shall
allocate for each fiscal year--
(A) 32 percent for grants proposed to support any
of the Federal Government beneficiaries for the
strategic needs of the Federal Government;
(B) 4 percent for grants proposed to support the
Office of Cybersecurity and Communications within the
Department of Homeland Security;
(C) 28 percent for grants proposed to support--
(i) the Office of Infrastructure Protection
within the Department of Homeland Security;
(ii) the Transportation Security
Administration;
(iii) the United States Coast Guard; and
(iv) the Federal Protective Service;
(D) 4 percent for grants proposed to support the
Department of Agriculture;
(E) 12 percent for grants proposed to support the
Department of Defense;
(F) 8 percent for grants proposed to support the
Department of Energy;
(G) 6 percent for grants proposed to support the
Department of Health and Human Services;
(H) 4 percent for grants proposed to support the
Environmental Protection Agency;
(I) 1 percent for grants proposed to support the
Department of the Treasury; and
(J) 1 percent for grants proposed to support 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 PROGRAM.
(a) Authority To Provide Duty-Free Treatment.--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 accordance with the
provisions of this section.
(b) Designation of Beneficiary Western Hemisphere Countries.--
(1) Authority to designate.--The President is authorized to
designate Western Hemisphere countries described in paragraph
(8)(B) of section 9 of this Act as beneficiary Western
Hemisphere countries for purposes of this section.
(2) Countries ineligible for designation.--The President
may not designate a Western Hemisphere country as a beneficiary
Western Hemisphere country under this section if such country--
(A) does not have a democratically elected
government or a market economy;
(B) has nationalized, expropriated, or otherwise
seized ownership or control of property owned by a
United States citizen or by a corporation, 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 treatment
will be eliminated or that action will be taken
to assure that there will be no such
significant adverse effect; and
(ii) the President reports such assurances
to Congress;
(D) is not a signatory to a treaty, convention,
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 manufacture 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 treatment provided
under this section shall apply to any eligible article that is
the growth, product, or manufacture 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
(B) the sum of--
(i) the cost or value of the materials
produced in the beneficiary Western Hemisphere
country or any two or more such countries that
are members of the same association of
countries, plus
(ii) the direct costs of processing
operations performed in such beneficiary
Western 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 operations; 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 ``entered'' 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).
(e) Termination.--No duty-free treatment provided under this
section shall remain in effect after September 30, 2030.
SEC. 6. TEMPORARY INCREASED EXPENSING FOR RELOCATING 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 determined under
section 168(k)(6) of such Code with respect to such property
shall be--
(A) if placed in the United States, 100 percent;
and
(B) if placed within a country in the Western
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 manufacturing 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 subchapter 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 American
security products manufactured in the United States, or
``(2) 15 percent of the qualified costs of American
security products manufactured in a Western Hemisphere country.
``(b) Maximum Credit.--The aggregate credit determined 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--
``(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 defined in
section 9 of the MADE in The Americas Act, and
``(B) at least 50 percent of the value of which
shall be derived from components manufactured 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 Mariana 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 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 striking ``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 following new item:
``45U. American security product tax credit.''.
(e) Effective Date.--The amendments made by this section shall
apply to expenses made or incurred beginning 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 concern.
SEC. 9. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Energy and Commerce, 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 ``concentrated'' 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 manipulation
by a country of concern; or
(iii) for which 30 percent of the
production of such covered article occurs in a
single foreign country that is located outside
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 country that is
located outside of the Western Hemisphere.
(3) Country of concern.--The term ``country of concern''
means a country--
(A) in which a concentrated supply chain for a
covered article is located;
(B) that poses a significant national security
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 article'' means
any material (including minerals, metals, and advanced
processed materials), commodity, product, service, process, or
manufacturing equipment that--
(A) the Director of the National Manufacturing
Security and Resiliency Council determines 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;
(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 technology
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 declares a
major disaster or an emergency under section 401 or
501, respectively, of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170 and
5191); or
(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 ``Western Hemisphere''
means a country--
(A) that has a democratically elected government
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.
(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.
(xxxv) Saint Vincent and the Grenadines.
(xxxvi) Suriname.
(xxxvii) Trinidad and Tobago.
(xxxviii) Turks and Caicos Islands.
(xxxix) Uruguay.
(xl) The sovereign government recognized by
the United States in Venezuela.
<all>
MADE in The Americas Act
#3309 | HR Congress #117
Policy Area: Foreign Trade and International Finance
Subjects: Advisory bodiesBusiness expensesBuy American requirementsCongressional oversightDisaster relief and insuranceEconomic performance and conditionsEmergency medical services and trauma careExecutive Office of the PresidentExecutive agency funding and structureForeign aid and international reliefFree trade and trade barriersGovernment ethics and transparency, public corruptionGovernment information and archivesHealth technology, devices, suppliesImmigration status and proceduresIncome tax creditsIncome tax deductionsIndustrial facilitiesInfectious and parasitic diseases
Last Action: Referred to the Subcommittee on Consumer Protection and Commerce. (5/19/2021)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text