,,ii  #aagth ,,congress  #ast ,session  
,s4 #cjcb  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,october #bj1  
#bjba,mr4 ,hawley introduced the        
following bill2 which was read twice and
 referred to the ,committee on ,finance 
,a ,,bill  ,to require certain          
manufactured goods introduced for sale  
in the ,united ,states to have a        
domestic value content of more than #ej 
percent1 and for other purposes4  #a4   
,short title ,this ,act may be cited as 
the ,make in ,america to ,sell in       
,america ,act of #bjba4  #b4 ,findings2 
sense of ,congress  7a7 ,findings       
,congress makes the following findings3 
7#a7 ,excessive globalization has been a
 disaster for ,united ,states workers in
 the manufacturing sector4  7#b7 ,the   
erosion of the domestic industrial base 
of the ,united ,states is the result of 
the lack of adequate protection for both
 domestic industry and ,united ,states  
workers from import competition4  7#c7  
,since #bjja1 approximately #fj1jjj     

factories have shuttered in the ,united 
,states4  7#d7 ,the ,,covid-#ai pandemic
 revealed the degree to which the       
,united ,states is dependent on the     
,people's ,republic of ,china for       
certain critical manufactured goods4    
7#e7 ,the ,united ,states currently     
mandates domestic sourcing by requiring 
certain government agencies to purchase 
only goods that are produced in whole or
 in part in the ,united ,states4  7b7   
,sense of ,congress ,it is the sense of 
,congress that a targeted regime of     
local content requirements across       
manufactured goods sold in the ,united  
,states should be deployed to boost     
domestic industry1 repatriate supply    
chains1 and nurture infant industries4  
#c4 ,definitions ,in this ,act3 7#a7    
,commission ,the term ,commission means 
the ,united ,states ,international      
,trade ,commission4  7#b7 ,covered good 
,the term covered good means a good     
identified by the ,secretary of         
,commerce in the report required by     

section #d4  7#c7 ,introduce for sale   
,the term introduce for sale1 with      
respect to a good1 means to import the  
good into the ,united ,states or produce
 the good for consumption in the ,united
 ,states4  #d4 ,identification of       
critical goods  7a7 ,in general ,not    
later than one year after the date of   
the enactment of this ,act1 and annually
 thereafter1 the ,secretary of          
,commerce1 in consultation with the     
,secretary of ,defense1 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        
,states4  7b7 ,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 ,states1 the    
,secretary of ,commerce may consider--  

7#a7 the relative lack of the domestic  
production of the good compared to      
domestic demand for the good2  7#b7 the 
extent to which the global supply chain 
of the good is vulnerable2 and  7#c7 the
 employment effects of restoring or     
establishing production of the good in  
the ,united ,states4  #e4 ,minimum      
domestic content requirement  7a7 ,in   
general ,except as provided in          
subsection 7c7 or 7d71 a covered good   
may not be introduced for sale in the   
,united ,states unless the domestic     
value content of the good is more than  
#ej percent4  7b7 ,domestic value       
content  7#a7 ,calculation ,the domestic
 value content of a covered good may be 
calculated on the basis of the following
 transaction value method3 ,,tv,,vnmdvc 
---------- #ajj,,tv  7#b7 ,definitions  
,in this subsection3 7,a7 ,,dvc ,the    
term ,,dvc means the domestic value     
content of the good1 expressed as a     
percentage4  7,b7 ,originating good2    
originating material  7i7 ,in general   

,the terms originating good and         
originating material mean a good or     
material1 as the case may be-- 7,i7     
wholly obtained or produced entirely in 
the ,united ,states2 or  7,,ii7         
substantially transformed in the ,united
 ,states from a good or material that is
 not wholly the growth1 product1 or     
manufacture of the ,united ,states4     
7ii7 ,remanufactured goods ,for purposes
 of determining whether a remanufactured
 good is an originating good1 a         
recovered material derived in the       
,united ,states shall be treated as an  
originating material if the material is 
used or consumed in the production of1  
and incorporation into1 the manufactured
 good4  7,c7 ,nonoriginating good2      
nonoriginating material ,the terms      
nonoriginating good and nonoriginating  
material mean a good or material1 as the
 case may be1 that does not qualify as  
originating under subparagraph 7,b74    
7,d7 ,,tv ,the term ,,tv means the      
transaction value of the good1 adjusted 

to exclude any costs incurred in the    
international shipment of the good4     
7,e7 ,,vnm ,the term ,,vnm means the    
value of nonoriginating goods or        
nonoriginating materials used by the    
producer in the production of the good4 
7#c7 ,value of nonoriginating materials 
,for purposes of calculating the        
domestic value content of a good under  
this subsection1 the value of           
nonoriginating materials used by the    
producer in the production of the good  
shall not include the value of          
nonoriginating materials used or        
consumed to produce originating         
materials that are subsequently used or 
consumed in the production of the good4 
7c7 ,exceptions ,the prohibition under  
subsection 7a7 does not apply with      
respect to-- 7#a7 used goods2 or  7#b7  
goods introduced for sale in the ,united
 ,states by any person with annual      
revenue of less than #e1jjj1jjj4  7d7   
,waiver  7#a7 ,in general ,the          
,president may waive the application of 

subsection 7a7 with respect to a covered
 good if the ,president-- 7,a7          
determines that-- 7i7 the covered good  
is not available for sale in the ,united
 ,states in a manner that meets the     
minimum domestic content requirement    
under subsection 7a72  7ii7 the         
development of domestic production of   
the covered good to meet the consumptive
 demand of the ,united ,states is       
substantially time-intensive or         
capital-intensive compared with other   
covered goods2 or  7iii7 a delay in the 
application of the requirement under    
subsection 7a7 is critical for the      
national security of the ,united        
,states2 and  7,b7 submits to ,congress 
and makes available to the public a     
report on the reasons for the waiver4   
7#b7 ,effective period ,a waiver issued 
under paragraph 7#a7 with respect to a  
covered good terminates on the date that
 is #c years after the date on which the
 ,president submits the report required 
by paragraph 7#a77;,b7 with respect to  

the waiver4  7#c7 ,prohibition on       
renewal ,a waiver issued under paragraph
 7#a7 may not be renewed4  7#d7         
,briefings required ,not less frequently
 than annually1 the ,president shall    
brief the ,committee 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 7#a7 and the            
determinations made under paragraph     
7#a77;,a7 with respect to those waivers 
during the preceding year4  7#e7 ,public
 list ,not less frequently than         
annually1 the ,president shall make     
available to the public a list of all   
waivers issued under paragraph 7#a7     
during the preceding year4  7e7         
,regulations ,the ,secretary of         
,commerce1 in consultation with the     
,commissioner of ,u4,s4 ,customs and    
,border ,protection1 shall prescribe    
regulations and guidance to carry out   
this section1 including with respect to 
the calculation and applicability of the

 minimum domestic content requirement   
under subsection 7a74  #f4 ,enforcement 
7a7 ,in general  7#a7 ,penalties ,if the
 ,secretary of ,commerce determines that
 a person introduces for sale1 or causes
 to be introduced for sale1 a covered   
good in the ,united ,states in violation
 of section #d7;a71 that person shall be
 liable for a civil penalty not to      
exceed the greater of-- 7,a7 the amount 
that is twice the total transaction     
value of the good2 or  7,b7 #e1jjj1jjj4 
7#b7 ,considerations ,in making a       
determination under paragraph 7#a7 with 
respect to an alleged violation of      
section #d7;a71 the ,secretary of       
,commerce shall consider the findings of
 the ,commission pursuant to an         
investigation conducted under subsection
 7b7 with respect to the alleged        
violation4  7b7 ,investigations by      
,commission  7#a7 ,petitions ,the       
,commission may initiate an             
investigation into an alleged violation 
of section #d7;a7 with respect to a     

covered good upon the filing of a       
petition by a domestic producer of the  
covered good or the ,secretary of       
,commerce4  7#b7 ,notification ,upon    
receipt of a petition filed under       
paragraph 7#a71 the ,commission shall   
notify the person alleged to have       
violated section #d7;a7 of the petition 
and the allegations included in the     
petition4  7#c7 ,initiation of          
investigation ,not later than #bj days  
after receiving a petition filed under  
paragraph 7#a71 the ,commission shall-- 
7,a7 after examining1 on the basis of   
sources readily available1 the accuracy 
and adequacy of the allegations included
 in the petition1 determine whether the 
petition-- 7i7 alleges the elements     
necessary for the imposition of a       
penalty under subsection 7a77#a72 and   
7ii7 contains information reasonably    
available to the petitioner supporting  
the allegations2  7,b7 determine whether
 the covered good that is the subject of
 the petition is covered by a waiver    

issued under section #d7;c72 and  7,c7  
if the determination under subparagraph 
7,a7 is affirmative and the             
determination under subparagraph 7,b7 is
 negative1 initiate an investigation4   
7#d7 ,findings  7,a7 ,in general ,not   
later than #fj days after initiating an 
investigation under paragraph 7#c77;,c71
 and after soliciting public comments1  
soliciting evidence from the parties1   
and examining other relevant sources1   
the ,commission shall make a finding    
with respect to whether1 based on a     
preponderance of evidence1 the person   
that is the subject of the investigation
 has violated section #d7;a74  7,b7     
,notifications ,if the finding of the   
,commission under subparagraph 7,a7 is  
affirmative1 the ,commission shall-- 7i7
 notify all parties to the investigation
 of the finding2 and  7ii7 make         
available to the public the facts and   
conclusions upon which the finding was  
based4  7#e7 ,withdrawal of petitions   
,the ,commission may terminate an       

investigation initiated under paragraph 
7#c71 after notice to all parties to the
 investigation1 if the petition filed   
under paragraph 7#a7 is withdrawn by the
 petitioner4  7#f7 ,staff ,the          
,commission may hire sufficient staff to
 carry out investigations under this    
subsection4  7#g7 ,regulations ,the     
,commission may prescribe regulations   
and guidance as necessary to carry out  
this subsection4  #g4 ,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 #c years after the date of 
the enactment of this ,act4