MADE in The Americas Act

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- 1 tives of the United States of America in Congress assembled, 2 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 2 •HR 3309 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Manufacturing Abili- 2 ties Determine Economies in The Americas Act’’ or the 3 ‘‘MADE in The Americas Act’’. 4 SEC. 2. STATEMENTS OF POLICY. 5 It shall be the policy of the United States to— 6 (1) diversify supply chains of covered articles in 7 order to strengthen the security and economies of 8 the United States and its allies; 9 (2) maintain an active and leading role in glob- 10 al trade and medical research for the benefit of the 11 workforces in the United States and its allies; 12 (3) strengthen and increase trade between the 13 United States and other countries in the Western 14 Hemisphere in order to— 15 (A) mitigate supply chain vulnerabilities; 16 (B) raise living standards; 17 (C) increase job opportunities; and 18 (D) mitigate the underlying causes of ir- 19 regular immigration between such countries; 20 (4) in order to safeguard against future disrup- 21 tions, incentivize the relocation of facilities that 22 manufacture covered articles from countries of con- 23 cern to the Western Hemisphere; 24 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 3 •HR 3309 IH (5) prioritize and provide diplomatic and polit- 1 ical support to developing countries in the Western 2 Hemisphere to— 3 (A) resolve any impediments to the manu- 4 facturing and labor protection sectors in such 5 countries; 6 (B) advocate for political and economic re- 7 forms in such countries that will improve the 8 regulatory and investment environment; 9 (C) resolve challenges for United States in- 10 vestors in such countries, including political in- 11 stability and corruption; and 12 (D) build and maintain essential public 13 services and infrastructure necessary for eco- 14 nomic growth and stability through access to 15 debt refinancing support, as appropriate; 16 (6) support and promote multilateral and bilat- 17 eral free trade agreements with allied nations in the 18 Western Hemisphere; 19 (7) support joint ventures between companies in 20 the United States and domestically owned companies 21 in the Western Hemisphere; and 22 (8) harness existing tools, such as the United 23 States Agency for International Development, the 24 United States International Development Finance 25 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 4 •HR 3309 IH Corporation, to assist countries in the Western 1 Hemisphere to develop increased manufacturing ca- 2 pacity. 3 SEC. 3. UNITED STATES STRATEGY TO COUNTER THREATS 4 TO SUPPLY CHAINS FOR COVERED ARTICLES. 5 (a) IN GENERAL.—In accordance with Executive 6 Order 14017 (86 Fed. Reg. 11849), the President shall 7 develop and implement a strategy to reduce reliance on 8 concentrated supply chains for covered articles and protect 9 against any threats from countries of concern relating to 10 supply chains for covered articles. 11 (b) ELEMENTS.— The strategy required by sub- 12 section (a) shall include the following elements: 13 (1) A plan to provide sufficient access to cov- 14 ered articles by ensuring that supply chains for such 15 articles are not concentrated in a country of concern. 16 (2) A plan to use tools available to the Federal 17 Government, such as the United States Agency for 18 International Development and the United States 19 International Development Finance Corporation, to 20 assist countries in the Western Hemisphere to build 21 capacity for manufacturing covered articles. 22 (3) A plan to incentivize— 23 (A) United States companies that manu- 24 facture covered articles to— 25 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 5 •HR 3309 IH (i) relocate manufacturing facilities, 1 personnel, or operations related to the pro- 2 duction of covered articles to the United 3 States or to other countries in the Western 4 Hemisphere; 5 (ii) to expand such facilities, per- 6 sonnel, or operations to increase the pro- 7 duction of covered articles and meet in- 8 creasing demand for such articles; and 9 (iii) to assist countries in developing 10 greater manufacturing capacity; and 11 (B) companies that do not manufacture 12 covered articles to make necessary or appro- 13 priate modifications to existing manufacturing 14 facilities, personnel, or operations in order to 15 manufacture 1 or more covered articles. 16 (4) A plan to enter into trade agreements with 17 countries in the Western Hemisphere that— 18 (A) protect against any threats from coun- 19 tries of concern relating to supply chains for 20 covered articles; and 21 (B) foster political and regulatory stability 22 to allow a manufacturing company interested in 23 relocating to such countries in the Western 24 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 6 •HR 3309 IH Hemisphere to make long-term investment 1 plans. 2 (5) A plan to coordinate with other countries in 3 the Western Hemisphere to avoid disruptions to the 4 continued operations of supply chains for covered ar- 5 ticles during a covered emergency. 6 (6) A plan to provide technical assistance to 7 governments in the Western Hemisphere to improve 8 regulatory and investment frameworks to welcome 9 companies with intention to relocate manufacturing 10 facilities. 11 (c) SUBMISSION OF STRATEGY.— 12 (1) IN GENERAL.—Not later than 60 days after 13 the date of enactment of this Act, the President 14 shall submit to Congress a report containing the 15 strategy developed under this section. 16 (2) UPDATE.—Not less than once every 4 years 17 after the date on which the strategy is submitted 18 under paragraph (1), the President shall submit to 19 Congress an update to such strategy. 20 (3) FORM.—The report submitted under para- 21 graph (1), and any update submitted under para- 22 graph (2), shall be submitted in unclassified form 23 and may include a classified annex. 24 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 7 •HR 3309 IH (d) DEFINITION.—For purposes of this section, the 1 term ‘‘country of concern’’ means a country described in 2 paragraph (3)(B) of section 9 of this Act. 3 SEC. 4. NATIONAL MANUFACTURING SECURITY AND RESIL- 4 IENCE COUNCIL. 5 (a) ESTABLISHMENT.—There is hereby established 6 within the Executive Office of the President the Manufac- 7 turing Security and Resilience Council (hereinafter re- 8 ferred to as the ‘‘Council’’). 9 (b) MEMBERS.—The Council shall be composed of— 10 (1) The President; 11 (2) The Vice President; 12 (3) The Secretary of Commerce; 13 (4) The Secretary of State; 14 (5) The Secretary of Defense; 15 (6) The Secretary of Homeland Security; 16 (7) The Secretary of Energy; 17 (8) The Secretary of Health and Human Serv- 18 ices; 19 (9) The Director of National Intelligence; and 20 (10) The United States Trade Representative. 21 (c) ADDITIONAL MEMBERS.—The President may also 22 appoint up to ten additional officers of the Federal Gov- 23 ernment to serve on the Council, including but not limited 24 to— 25 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 8 •HR 3309 IH (1) The National Security Advisor; 1 (2) The Director of the National Economic 2 Council; 3 (3) The Homeland Security Advisor; 4 (4) The Director of the Office of Science and 5 Technology Policy; 6 (5) The Director of the Cybersecurity and In- 7 frastructure Security Agency; 8 (6) The Director of the Centers for Disease 9 Control and Prevention; 10 (7) The Administrator of the Federal Emer- 11 gency Management Agency; 12 (8) The Director of the National Institute of 13 Standards and Technology; and 14 (9) The Director of the Hollings Manufacturing 15 Extension Partnership. 16 (d) PRESIDING OFFICERS.—At meetings of the 17 Council, the President shall preside or, in the absence of 18 the President, a member of the Council designated by the 19 President shall preside. 20 (e) DESIGNEES.—Each member of the Council from 21 a department or agency of the Federal Government may 22 designate another officer of his department or agency to 23 serve on the Council as his alternate in his unavoidable 24 absence. 25 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 9 •HR 3309 IH (f) FUNCTIONS.—The functions of the Council are 1 to— 2 (1) implement the strategy requested under sec- 3 tion 3; 4 (2) determine whether a covered article is es- 5 sential to the critical infrastructure of the United 6 States or to the ability of the United States to re- 7 spond to a covered emergency; 8 (3) establish and maintain the database de- 9 scribed in subsection (j); 10 (4) establish, manage, and carry out the manu- 11 facturing resilience grant program established under 12 subsection (k); 13 (5) coordinate, without assuming operational 14 authority, the use of private-sector manufacturing 15 resources to respond to a covered emergency; and 16 (6) not less than once every year, inform Con- 17 gress of the activities of the Council in carrying out 18 the duties and functions described in paragraphs (1) 19 through (5) of this subsection. 20 (g) DIRECTOR.—The Council shall be headed by a ci- 21 vilian Director who shall be appointed by the President 22 by and with the advice and consent of the Senate. In ap- 23 pointing the Director, the President shall choose an indi- 24 vidual who— 25 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 10 •HR 3309 IH (1) is a senior executive (as such term is de- 1 fined in section 3132 of title 5, United States Code); 2 and 3 (2) is fit to perform the duties required by the 4 position, without regard to political affiliation. 5 (h) STAFF.—The Council may employ a staff who 6 shall be appointed by the Director. The Director, subject 7 to the direction of the Council, is authorized to appoint 8 and fix the compensation of such personnel consistent with 9 existing civil service statutes and regulations, as may be 10 necessary to perform such duties as may be prescribed by 11 the Council in connection with the performance of its func- 12 tions. The professional staff for which this subsection pro- 13 vides shall not exceed 200 persons, including persons em- 14 ployed by, assigned to, detailed to, under contract to serve 15 on, or otherwise serving or affiliated with the staff. The 16 limitation in this paragraph does not apply to personnel 17 serving substantially in support or administrative posi- 18 tions. 19 (i) AUTHORITIES.—The Director of the Office may— 20 (1) notwithstanding subsections (a) and (b) of 21 section 3324 of title 31, United States Code, enter 22 into and perform such contracts, leases, cooperative 23 agreements, or other transactions as may be nec- 24 essary to carry out the duties of the Council, and on 25 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 11 •HR 3309 IH such terms as the Director determines are appro- 1 priate, with— 2 (A) any agency or instrumentality of the 3 Federal Government; 4 (B) any State, territory, or possession of 5 the United States, including any political sub- 6 division thereof; and 7 (C) any person or educational institution; 8 (2) pursuant to subsection (h), employ such 9 personnel as the Director determines are necessary 10 to conduct the business of the Council; and 11 (3) delegate to other employees of the Office 12 such powers and authority as the Director deter- 13 mines may be warranted in the interests of efficiency 14 and sound administration. 15 (j) DATABASE.— 16 (1) IN GENERAL.—The Director shall establish 17 and maintain a database of information on covered 18 manufacturing companies. 19 (2) REQUIREMENTS.— 20 (A) IN GENERAL.—The database estab- 21 lished under paragraph (1) shall include infor- 22 mation that the Director determines is nec- 23 essary to effectively respond to covered emer- 24 gencies, including information related to— 25 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 12 •HR 3309 IH (i) the manufacturing facilities and 1 operations of a covered manufacturing 2 company; and 3 (ii) the types of articles manufactured 4 by such company. 5 (B) INFORMATION GATHERING.—To gath- 6 er the information described in subparagraph 7 (A), the Director shall— 8 (i) use existing sources of such infor- 9 mation; 10 (ii) coordinate with the Director of the 11 Census Bureau to gather data on covered 12 manufacturing companies; and 13 (iii) ensure the appropriate protection 14 for any proprietary, confidential, or sen- 15 sitive information related to a covered 16 manufacturing company. 17 (C) REQUESTS FOR INFORMATION DURING 18 EMERGENCY.—During a covered emergency, the 19 Director may request specific information fr [Text truncated for display. 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