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IRC Section 38B

DO IT NOW Act

Domestic Offensive and Defensive Industrial Transformation Now Act

"For every dollar you spend on domestic labor, materials, and equipment in strategic sectors, the United States will give you back up to 20 cents as a tax credit."

10-Year Cost
$380–480B (10-year)
Mechanism
Additional 14% transferable credit (total 20% combined with MINA)
Target
Ten strategic sectors and their full supply chains
§A

Summary

DO IT NOW adds an enhanced 14% transferable credit (Section 38B) for strategic sectors, stacking on top of MINA's 6% credit. Together, the combined 20% credit on qualified Domestic Value Added costs delivers substantial benefits to all qualified manufacturers in critical sectors, including those investing, scaling up, or operating on thin margins. Strategic sectors face 30–60% cost disadvantages versus China. Startups and scaling manufacturers in semiconductors, chemicals, pharmaceutical inputs, batteries, and rare earths got zero benefit when competing against massive Chinese subsidies.

§B

How It Works

The credit calculation mirrors MINA: Qualified DVA Costs × DVA Ratio × Leverage Factor × 14%. Combined with MINA, a strategic manufacturer with 80% DVA and minimal leverage receives a total credit of 20% of qualified DVA costs. For a pre-profit rare earth magnet startup losing $5M, the combined credit provides $2.68M in immediate cash (selling to Treasury at 85%), reducing operating losses by 63%. For a profitable semiconductor manufacturer, the combined credit can increase operating profit by over 53%.

§C

Key Features

  • 14% additional credit stacking on MINA's 6% for a combined 20% at 80% DVA
  • Requires valid MINA (Section 38A) election for same tax year
  • Same transferability rules: sell to qualified buyers or Treasury at 85%
  • Same leverage adjustment and anti-abuse rules as MINA
  • Covers ten strategic sectors with their full supply chains
  • Coordinates with §45X credits, CHIPS Act incentives, and §199A
  • 5-year recapture for offshoring triggers recapture of BOTH credits
§D

Ten Strategic Sectors

01Critical Minerals and Metals
02Semiconductors and Microelectronics
03Autonomous Systems (Drones, Robots, UAS)
04Computing and Communications Hardware
05Wireless Connectivity and Telecommunications
06Active Pharmaceutical Ingredients
07Personal Protective Equipment / Medical Supplies
08Electricity Power Generation, Transmission, and Storage
09Defense Industrial Base Components
10Shipbuilding and Maritime Systems
§E

Why It Matters

The U.S. cannot supply its defense industrial base. Its national security is at risk. It lacks the manufacturing base needed to conduct economic statecraft and support the growth of embodied AI. China controls over 85% of global rare earth processing, supplies over 80% of active pharmaceutical ingredients, and dominates telecommunications equipment manufacturing. The United States has no remaining domestic manufacturers of cellular network infrastructure. These vulnerabilities require strategic-level incentives beyond what broad manufacturing support can deliver.

§F

Documents

DO IT NOW One-Pager

Summary Document

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DO IT NOW Act (Draft Bill)

Legislative Draft

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DO IT NOW Section-by-Section Analysis

Section-by-Section Analysis

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