What This Bill Does
This bill aims to help companies move manufacturing from China to Latin America and the Caribbean. It provides financial support, lower interest rates on loans, and duty-free (zero tariff) trade benefits to encourage this relocation. The bill intends to reduce dependence on Chinese manufacturing and create economic opportunities that discourage migration from the region.
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Who It Affects
• Companies moving manufacturing operations from China to Latin America or the Caribbean
• The U.S. International Development Finance Corporation (a government lending agency)
• Latin American and Caribbean countries
• The U.S. Trade Representative
• The President of the United States
• American workers and businesses
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Key Provisions
• At least 10 percent of available development financing money must fund moving costs and worker training for companies relocating from China, with reduced interest rates on the loans. (Sec. 3)
• The President can declare that goods and services made by relocating companies in Latin America or the Caribbean receive duty-free treatment (no import taxes) for 15 years after the company starts operations there. (Sec. 4)
• Companies receiving assistance must move all relevant assets from China to Latin America or the Caribbean within 2 years and keep them there, and cannot be owned or controlled by China, Russia, or other "foreign adversaries." (Sec. 5)
• A trust fund will be created using tariff money collected from Chinese goods to pay for assistance provided under this bill. (Sec. 6)
• The U.S. Trade Representative must start negotiations for free trade agreements with Latin American and Caribbean countries that are not already party to such agreements with the U.S., if those countries are reducing migration and economic dependence on China and allow Taiwan to establish a commercial office. (Sec. 8)
• Companies relocating manufacturing can receive enhanced tax deductions on equipment and property placed in service in Latin America or the Caribbean before January 1, 2038. (Sec. 10)
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What Changes
If this bill becomes law:
• Companies moving from China to Latin America or the Caribbean can access special government loans with reduced interest rates to cover relocation costs and worker training.
• Goods made in Latin America or the Caribbean by relocating companies will enter the United States with no tariffs for 15 years.
• The government will pursue trade agreements with Latin American and Caribbean countries meeting certain conditions.
• Companies must guarantee they will not come under control of China, Russia, or other foreign adversaries, and must move all operations within 2 years.
• Companies that violate these commitments will lose tariff benefits and must repay loans at market interest rates.
• Money from tariffs on Chinese goods will fund the assistance program rather than going to general government revenue.
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Important Definitions
**DFC:** The United States International Development Finance Corporation (a government agency that provides loans and financing).
**Qualified Corporation:** A company receiving assistance under this bill that is not state-owned by any foreign government.
**Qualified Moving Costs:** Expenses for moving inventory, equipment, supplies, and workforce development or facility construction when relocating from China.
**Latin American or Caribbean Country:** Any country in the Caribbean Sea, South America, Central America, or Mexico. Does not include Cuba or Venezuela unless the Secretary of State certifies specific conditions have been met (free elections, human rights protections, free market economy, humanitarian aid access, release of detained Americans, and removal of foreign adversary security services).
**Federal Funds Rate:** The discount window primary credit interest rate most recently published by the Federal Reserve.
**Foreign Adversary:** A foreign government engaged in a long-term pattern or serious conduct significantly harmful to U.S. national security or safety of Americans.
##
Effective Date
The bill takes effect upon enactment for most provisions. The tax provision for equipment and property applies to items placed in service after the bill's enactment and before January 1, 2038. The DFC must submit its plan to streamline assistance within 180 days of enactment.
I
118TH CONGRESS
1ST SESSION
H. R. 722
To decrease dependency on People’s Republic of China manufacturing and
decrease migration due to lost regional economic opportunities.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 1, 2023
Mr. GREEN of Tennessee introduced the following bill; which was referred to
the Committee on Ways and Means, and in addition to the Committee
on Foreign Affairs, 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 decrease dependency on People’s Republic of China manu-
facturing and decrease migration due to lost regional
economic opportunities.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Western Hemisphere
4
Nearshoring Act’’.
5
SEC. 2. FINDINGS.
6
Congress finds the following:
7
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•HR 722 IH
(1) Our neighbors in the Western Hemisphere
1
play a vital role in ensuring peace, security, and de-
2
mocracy.
3
(2) Instability and lack of economic opportuni-
4
ties in the region are major drivers of migration in
5
violation of the Immigration and Nationality Act.
6
(3) According to the United States Census Bu-
7
reau, in 2021 the United States exported $174.62
8
billion worth of goods to Central and South America,
9
and imported $121 billion.
10
(4) The United States is a net exporter with
11
Central and South America.
12
(5) Economic growth and development of the
13
Western Hemisphere brings essential strength and
14
stability to the region.
15
(6) There is significant opportunity to expand
16
the free flow of goods and services in the Western
17
Hemisphere.
18
(7) Closer relations among the Americas
19
through free trade agreements and trade liberaliza-
20
tion would encourage further economic development
21
and stability in the region.
22
(8) The United States should exercise its influ-
23
ence to encourage privatization, free markets, and
24
economic cooperation in the region.
25
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•HR 722 IH
(9) Countries in the region should combat cor-
1
ruption, strengthen the rule of law, reduce bureau-
2
cratic red tape, streamline permitting, and embrace
3
free market principles to encourage further private
4
sector investment.
5
(10) With cooperation from the United States,
6
regional countries must take serious steps to curb
7
migration in violation of the Immigration and Na-
8
tionality Act.
9
(11) The Western Hemisphere has supply
10
chains that are vulnerable due to their over depend-
11
ence on the People’s Republic of China.
12
(12) Free trade and expanded commercial ties
13
between the United States and Western Hemisphere
14
partners will foster economic and commercial co-
15
operation, increase investment opportunities, de-
16
crease migration in violation of the Immigration and
17
Nationality Act, reduce our dependence on the Peo-
18
ple’s Republic of China, and create jobs for Amer-
19
ican workers.
20
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•HR 722 IH
SEC. 3. USE OF UNITED STATES INTERNATIONAL DEVELOP-
1
MENT FINANCE CORPORATION FUNDS TO FI-
2
NANCE MOVING EXPENSES AND NECESSARY
3
WORKFORCE
DEVELOPMENT
COSTS
IN-
4
CURRED BY COMPANIES MOVING FROM THE
5
PEOPLE’S REPUBLIC OF CHINA TO LATIN
6
AMERICA OR THE CARIBBEAN.
7
(a) USE OF FUNDS.—
8
(1) IN
GENERAL.—The United States Inter-
9
national Development Finance Corporation, in co-
10
ordination with relevant Federal agencies (including
11
the United States Trade and Development Agency,
12
the Export-Import Bank of the United States, the
13
United States Army Corps of Engineers, and the
14
United States Agency for International Develop-
15
ment) and the United States Executive Directors of
16
relevant international financial institutions (includ-
17
ing the World Bank Group, the Inter-American De-
18
velopment Bank, and the International Monetary
19
Fund), shall use not less than 10 percent of the
20
amounts made available to provide financing under
21
section 1421 of the Better Utilization of Investments
22
Leading to Development Act of 2018 (22 U.S.C.
23
9621) for each fiscal year beginning after the date
24
of the enactment of this Act to finance the qualified
25
moving costs and necessary workforce development
26
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•HR 722 IH
costs of, and reduce the interest rate on any loan to
1
be provided by the DFC to the interest rate de-
2
scribed in paragraph (3) to, any qualified corpora-
3
tion that is eligible for, or a recipient of, assistance
4
from the DFC, to the extent of qualifying applica-
5
tions for assistance under this section.
6
(2) AVAILABILITY
OF
UNUSED
AMOUNTS.—If
7
the DFC does not use the entire amount described
8
in paragraph (1) for a fiscal year described in such
9
paragraph, such amount shall, to the maximum ex-
10
tent practicable, be made available to the DFC for
11
the next fiscal year to carry out this section or other
12
DFC programs for Latin American or Caribbean
13
countries.
14
(3) INTEREST RATE DESCRIBED.—The interest
15
rate described in this paragraph is—
16
(A) the Federal funds rate; or
17
(B) the interest rate that is determined by
18
reducing by not less than 1⁄2 of 1 percent and
19
not more than 1 percent (but to not less than
20
zero percent) the interest rate on the loan to be
21
provided by the DFC to the qualified corpora-
22
tion,
23
whichever is the lesser.
24
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•HR 722 IH
(b) NO NEGATIVE EFFECTS ON EMPLOYMENT IN
1
THE UNITED STATES.—The DFC shall not provide assist-
2
ance under this section unless the Secretary of Commerce
3
has determined that the provision of the assistance would
4
not result in a negative effect on employment in the
5
United States.
6
(c) DISPOSITION OF UNUSED ASSISTANCE.—A cor-
7
poration to which financing is made under this section
8
shall remit to the DFC any portion of the assistance that
9
is not expended within a period of time after the date the
10
financing is made that is determined by the DFC on a
11
case-by-case basis.
12
(d) CONDITIONS
ON PROVISION
OF LOANS.—The
13
DFC—
14
(1) may provide loans under this section to a
15
corporation only if the loans are commercially viable,
16
as determined by the DFC; and
17
(2) shall determine an appropriate amount of
18
time for repayment of loans under this section to a
19
corporation.
20
(e) PLAN.—Not later than 180 days after the date
21
of the enactment of this Act, the DFC shall develop and
22
submit to the Committee on Foreign Affairs of the House
23
of Representatives and the Committee on Foreign Rela-
24
tions of the Senate a plan to streamline the provision of
25
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•HR 722 IH
assistance under this section, including to expedite the ap-
1
proval process for the provision of such assistance.
2
SEC. 4. AUTHORITY TO PROVIDE DUTY-FREE TREATMENT
3
FOR GOODS AND SERVICES OF COMPANIES
4
MOVING FROM THE PEOPLE’S REPUBLIC OF
5
CHINA TO LATIN AMERICA OR THE CARIB-
6
BEAN.
7
(a) IN GENERAL.—Notwithstanding any other provi-
8
sion of law, the President shall proclaim duty-free treat-
9
ment (or other preferential treatment) for any good or
10
service made or produced in a Latin American or Carib-
11
bean country by a qualified corporation that has received
12
assistance under section 3, subject to such terms and con-
13
ditions as the President determines to be appropriate.
14
(b) REGULATIONS.—The President shall prescribe
15
such regulations as may be necessary to carry out this
16
section.
17
(c) EFFECTIVE PERIOD.—
18
(1) IN GENERAL.—Subsection (a) shall apply
19
with respect to a good or service made or produced
20
in a Latin American or Caribbean country by a cor-
21
poration for the 15-year period beginning on the
22
date on which the corporation begins operations in
23
such country.
24
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•HR 722 IH
(2) RULE OF CONSTRUCTION.—Nothing in this
1
section may be construed to affect duty-free treat-
2
ment (or other preferential treatment) for any good
3
or service made or produced in a Latin American or
4
Caribbean country by a qualified corporation after
5
the 15-year period described in paragraph (1) if
6
goods and services from such country are otherwise
7
generally eligible for duty-free treatment (or other
8
preferential treatment).
9
SEC. 5. ADDITIONAL CONDITIONS ON RECEIPT OF ASSIST-
10
ANCE UNDER SECTION 3 AND DUTY-FREE
11
TREATMENT
(OR
OTHER
PREFERENTIAL
12
TREATMENT) UNDER SECTION 4.
13
(a) IN GENERAL.—The appropriate Federal agency
14
may not provide assistance under section 3 or duty-free
15
treatment (or other preferential treatment) under section
16
4 to a corporation unless—
17
(1) the agency determines that the corporation
18
will create jobs in the Latin American or Caribbean
19
country to which it moves operations in numbers de-
20
termined by the agency to be commensurate with the
21
assistance provided;
22
(2) the corporation makes a binding commit-
23
ment to the agency that on and after the date the
24
assistance is provided—
25
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•HR 722 IH
(A) the corporation will not come under
1
the ownership or control of the Government of
2
the People’s Republic of China or the Chinese
3
Communist Party, the Government of the Rus-
4
sian Federation, or any other foreign adversary;
5
and
6
(B) the corporation will not have its head-
7
quarters in the People’s Republic of China, the
8
Russian Federation, or any other foreign adver-
9
sary;
10
(3) within 2 years after the date described in
11
paragraph (2), and subject to an additional exten-
12
sion as determined appropriate by the agency, all as-
13
sets of the corporation with respect to which the as-
14
sistance is provided will have been moved from the
15
People’s Republic of China to a Latin American or
16
Caribbean country; and
17
(4) the corporation retains all assets of the cor-
18
poration with respect to which the assistance is pro-
19
vided in a Latin American or Caribbean country
20
after the date described in paragraph (2) or the last
21
day of the extension described in paragraph (3), as
22
the case may be.
23
(b) COMPLIANCE DETERMINATIONS.—
24
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•HR 722 IH
(1) IN
GENERAL.—The appropriate Federal
1
agency, in coordination with the Department of
2
State, shall make all determinations regarding com-
3
pliance with the provisions of subsection (a).
4
(2) NON-COMPLIANCE
ACTIONS.—A qualified
5
corporation that has received assistance under sec-
6
tion 3 or duty-free treatment (or other preferential
7
treatment) under section 4 that is subsequently de-
8
termined by the appropriate Federal agency not to
9
be in compliance with the provisions of subsection
10
(a) shall be subject to the following actions:
11
(A) Any good or service made or produced
12
in a Latin American or Caribbean country by
13
the corporation (other than a good or service
14
made or produced in a free trade zone or which
15
is subject to benefits under a free trade agree-
16
ment) shall not be eligible for duty-free treat-
17
ment (or other preferential treatment) under
18
section 4.
19
(B) The appropriate Federal agency shall
20
adjust the interest rate on any loan to be pro-
21
vided by the agency to the corporation to the
22
prevailing market interest rate.
23
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•HR 722 IH
(c) APPROPRIATE FEDERAL AGENCY DEFINED.—In
1
this section, the term ‘‘appropriate Federal agency’’
2
means—
3
(1) with respect to actions relating to assistance
4
under section 3, the DFC; and
5
(2) with respect to actions relating to duty-free
6
treatment (or other preferential treatment) under
7
section 4, the United States Trade Representative.
8
SEC. 6. EXPENSES PAID FOR WITH TARIFFS COLLECTED
9
FROM THE PEOPLE’S REPUBLIC OF CHINA.
10
(a) ESTABLISHMENT OF TRUST FUND.—There is es-
11
tablished in the Treasury of the United States a trust fund
12
consisting of such amounts as are appropriated to such
13
trust fund under subsection (b).
14
(b) APPROPRIATIONS TO TRUST FUND.—There are
15
hereby appropriated to such trust fund amounts equiva-
16
lent to the tariffs collected by the United States on goods
17
manufactured in the People’s Republic of China.
18
(c) APPROPRIATIONS FROM TRUST FUND.—There
19
are hereby appropriated from such trust fund to the Gen-
20
eral Fund of the Treasury amounts equivalent to the re-
21
duction in revenue to such General Fund by reason of as-
22
sistance provided by the DFC under this Act.
23
(d) TIMING OF TRANSFERS, ETC.—Rules similar to
24
the rules of section 9601 of the Internal Revenue Code
25
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•HR 722 IH
of 1986 shall apply with respect to appropriations to and
1
from such trust fund under subsections (b) and (c).
2
SEC. 7. AMENDMENTS TO THE BUILD ACT OF 2018.
3
(a) STATEMENT OF POLICY.—Section 1411 of the
4
Better Utilization of Investments Leading to Development
5
Act of 2018 (22 U.S.C. 9611) is amended—
6
(1) in paragraph (7), by striking ‘‘and’’ at the
7
end;
8
(2) in paragraph (8), by striking the period at
9
the end and inserting a semicolon; and
10
(3) by adding at the end the following:
11
‘‘(9) to further United States economic growth
12
by prioritizing United States-owned businesses in
13
providing support under title II; and
14
‘‘(10) to further United States national security
15
by prioritizing the production of goods in critical in-
16
[Text truncated for display. Full text available on Congress.gov.]