H.R. 1328

119 HR 1328 IH: Supply Chain Security and Growth Act of 2025
 U.S. House of Representatives
 2025-02-13
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 I  119th CONGRESS  1st Session  H. R. 1328  IN THE HOUSE OF REPRESENTATIVES   February 13, 2025   Ms. Malliotakis  (for herself,  Mr. Panetta ,  Mr. Buchanan ,  Ms. Velázquez ,  Mr. Kelly of Pennsylvania ,  Mr. Hernández , and  Mr. Lawler ) introduced the following bill; which was referred to the  Committee on Ways and Means    A BILL
To amend the Internal Revenue Code of 1986 to establish the critical supply chains reshoring investment tax credit.
1.
Short title
This Act may be cited as the   Supply Chain Security and Growth Act of 2025  .
2.
Critical supply chains reshoring investment credit
(a)
In general
Subpart E of part IV of subchapter A of the Internal Revenue Code of 1986 is amended by inserting after section 48E the following new section:
48F.
Critical supply chains reshoring investment credit
(a)
In general
For purposes of section 46, in the case of a qualifying taxpayer, the critical supply chains reshoring investment credit is an amount equal to 40 percent of the qualified investment with respect to any critical supply chain facility placed in service during such taxable year.
(b)
Definitions and special rules
For purposes of this section—
(1)
Qualifying taxpayer
(A)
In general
The term  qualifying taxpayer  means a taxpayer that is not a prohibited foreign entity.
(B)
Prohibited foreign entity
For purposes of this paragraph, the term  prohibited foreign entity  means—
(i)
any foreign entity of concern (as defined in section 40207(a)(5) of the Infrastructure Investment and Jobs Act),
(ii)
any entity with respect to which the government of a covered nation has the right or power (directly or indirectly) to appoint or approve the appointment of a covered officer, or
(iii)
any entity 25 percent or more of the capital or profits interests of which are owned (directly or indirectly) in the aggregate by 1 or more of the following:
(I)
A covered nation or an entity described in clause (i) or (ii).
(II)
A citizen, national, or resident of a covered nation.
(III)
An entity organized under the laws of a covered nation.
(C)
Covered officer
For purposes of this paragraph, the term  covered officer  means—
(i)
any member of the board of directors, board of supervisors, or an equivalent governing body,
(ii)
the president, senior vice president, chief executive officer, chief operating officer, chief financial officer, or general counsel, or
(iii)
any individual who performs duties usually associated with a title listed in clause (i) or (ii).
(D)
Covered nation
For purposes of this paragraph, the term  covered nation  has the meaning given such term in section 4872(d) of title 10, United States Code.
(2)
Qualified investment
The qualified investment with respect to any critical supply chain facility for any taxable year is an amount equal to the basis of any qualified property placed in service by the taxpayer during such taxable year which is part of a such facility.
(3)
Qualifying property
(A)
In general
The term  qualifying property  means property—
(i)
that is integral to the operation of a critical supply chain facility,
(ii)
that is tangible property,
(iii)
with respect to which depreciation (or amortization in lieu of depreciation) is allowable, and
(iv)
which is—
(I)
constructed, reconstructed, or erected by the taxpayer, or
(II)
acquired by the taxpayer if the original use of such property commences with the taxpayer.
(B)
Reconstructed property
Property shall be treated as reconstructed for purposes of this paragraph if improvements to such property satisfy the substantial improvement test of section 1400Z–2(d)(2)(D)(ii).
(4)
Critical supply chain facility
The term  critical supply chain facility  means a facility—
(A)
the primary purpose of which is the manufacturing of—
(i)
An active pharmaceutical ingredient (as defined in section 2017.1 of title 21, Code of Federal Regulations (or any successor regulations)),
(ii)
A drug (as defined in section 201(g) of the Federal Food, Drug, and Cosmetic Act),
(iii)
A biological product (as defined in section 351(i)(1) of the Public Health Service Act),
(iv)
A medical countermeasure (as defined in section 319F–3(i)(1) of the Public Health Service Act),
(v)
A medical diagnostic device (as defined in section 201(h) of the Federal Food, Drug, and Cosmetic Act) intended for use in the diagnosis of disease or other conditions,
(vi)
Semiconductors or semiconductor manufacturing equipment,
(vii)
Aerospace equipment as defined under North American Industry Classification Code 3364, or
(viii)
Artificial nanomaterials, and
(B)
located in—
(i)
a  specified possession  within the meaning of section 937(c),
(ii)
or Puerto Rico.
(5)
Aggregation rule
(A)
In general
Members of a qualified affiliated group shall be treated as a single taxpayer.
(B)
Qualified affiliated group
(i)
In general
The term  qualified affiliated group  means an affiliated group (as defined in section 1504(a), determined without regard to section 1504(b)(3)) at least 1 member of which has made a qualified investment in a critical supply chain facility located in an economically distressed zone.
(ii)
Economically distressed zone
For purposes of this subparagraph, the term  economically distressed zone  means a population census tract that—
(I)
is a qualified opportunity zone (as defined in section 1400z–1(a)), and
(II)
has a poverty rate of not less than 30 percent.
(6)
Exemption from certain special rules
The credit determined under subsection (a) shall be determined without regard to paragraphs (1) and (4) of section 50(b).
 .
(b)
Coordination between critical supply chains reshoring credit and electricity production credit
Section 45(e) of such Code is amended by adding at the end the following new subsection:
(e)
Coordination with critical supply chains reshoring investment credit
The term  qualified facility  shall not include any facility if a credit is allowed under section 48F with respect to such facility for the taxable year or any prior taxable year.
 .
(c)
Elective payment allowed
(1)
In general
Section 6417(b) of such Code is amended by adding at the end the following:
(13)
The critical supply chains reshoring investment credit determined under section 48F.
 .
(2)
Election to be treated as applicable entity
Section 6417(d)(1) is amended—
(A)
by redesignating subparagraph (E) as subparagraph (F), and
(B)
by inserting after subparagraph (D) the following new subparagraph:
(E)
Election with respect to critical supply chains reshoring credit
If a taxpayer other than an entity described in subparagraph (A) makes an election under this subparagraph with respect to any taxable year in which such taxpayer has placed in service a critical supply chain facility (as defined in section 48F(b)(4)), such taxpayer shall be treated as an applicable entity for purposes of this section for such taxable year, but only with respect to the credit described in subsection (b)(13).
 .
(d)
Credit made transferable
Section 6418(f)(1)(A) of such Code is amended by adding at the end the following:
(xii)
The critical supply chains reshoring investment credit determined under section 48F.
 .
(e)
Credit included in investment credit
Section 46 of such Code is amended by striking  and  at the end of paragraph (6), by striking the period at the end of paragraph (7) and inserting  , and , and by adding at the end the following new paragraph:
(8)
the critical supply chains reshoring investment credit.
 .
(f)
Effective date
The amendments made by this section shall apply to property placed in service after December 31, 2024.
3.
Increase in deemed credit for taxes paid to possession of the United States
(a)
In general
 Section 960(d)  of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:
(4)
Increase for taxes paid to possession of United States
In the case of tested foreign income taxes paid or accrued to a possession of the United States, paragraph (1) shall be applied by substituting  100 percent  for  80 percent .
 .
(b)
Effective date
The amendments made by this section shall apply to taxes paid or accrued after December 31, 2024.