"A two-credit package to rebuild American manufacturing: for every dollar you spend on American workers, suppliers, and factories, you receive 1–6 cents in tax credits — and up to 16 cents in strategic sectors. If you can't use it, you can sell it or the Treasury will buy it from you for cash."
Summary
The Manufacturing and Industrial Security Act (MISA) combines two complementary tax credits into a single legislative package. Title I establishes the MINA credit (IRC §38A) — a broad-based 5–6% transferable tax credit on domestic value-added costs for most NAICS 31–33 manufacturers. Title II establishes the DO IT NOW credit (IRC §38B) — an additional 8–10% stacking credit for 14 strategic sectors facing acute foreign-adversary vulnerabilities. Together, the combined credit ranges from 2.6% to 16% of qualified DVA costs. Both credits are transferable to qualified buyers (DVA ≥ 40%) or purchasable by Treasury at 85% of face value — ensuring every manufacturer benefits, profitable or not. MISA rewards production, not just profit.
Two Titles
Title I — MINA Credit (§38A)
5% base / 6% reinvestment bonus transferable credit on DVA costs for most NAICS 31–33 manufacturers. 10-year full credit + 7-year phase-out.
Title II — DO IT NOW Credit (§38B)
Additional 8% base / 10% reinvestment bonus stacking credit for 14 strategic sectors. Requires valid §38A election. 12-year full credit + 10-year phase-out.
How It Works
MISA delivers two stacking, dollar-for-dollar tax credits — not deductions. A deduction saves $0.21 per dollar deducted at the 21% rate. A credit saves $1.00 per dollar of credit. Title I — MINA Credit (§38A): Available to most NAICS 31–33 manufacturers (excludes Beverage and Tobacco manufacturing, plus industries exceeding the EVA spread eligibility gate). Credit = 5% (or 6% for QRE) × DVA Scaling Fraction × DVA Costs. DVA Costs include domestic labor, domestic materials and components, domestic capital recovery (computed at straight-line economic life, not §168(k) bonus depreciation), domestic R&D, and domestic manufacturing overhead. The DVA Scaling Fraction = 20% + 80% × (DVA Ratio − 20%) ÷ 60%, where DVA Ratio = DVA Costs ÷ Applicable Product Revenue. Floor of 20% for eligible manufacturers (credit = 1%/1.2% of DVA costs). Scales linearly to 100% at 80%+ DVA. Title II — DO IT NOW Credit (§38B): Stacks on top of the MINA credit for 14 strategic sectors. Credit = 8% (or 10% for QRE) × DVA Scaling Fraction × DVA Costs. Requires a valid §38A election for the same tax year. Combined with MINA, a strategic manufacturer with 80%+ DVA receives a total credit of up to 16% of qualified DVA costs. Transferability uses Section 6418 of the IRC (the IRA's proven credit transfer framework). Credits can be sold to qualified buyers (DVA ≥ 40%) or to Treasury at 85% of face value, providing immediate cash to pre-profit manufacturers. Note: BEA's $2.9T manufacturing value-added base includes $350–430B from factoryless goods producers (FGPs) like Apple and Nvidia. The DVA scaling formula naturally limits FGP credit claims (pure FGPs have DVA ratios of 22–29% vs. the 76% aggregate average), but a tiered credit rate could further reduce FGP-related costs. See the Questions to Consider page and the full FGP analysis for details.
Key Features
- Two-tier credit structure: Title I (MINA, §38A) provides 5%/6% base credit for most manufacturers; Title II (DO IT NOW, §38B) adds 8%/10% for 14 strategic sectors
- Combined credit: up to 16% of DVA costs for strategic sector reinvestment electors (floor of 2.6% at ≤20% DVA, scaling to 16% at ≥80% DVA)
- DVA Scaling Fraction: 20% floor ensures every NAICS 31–33 manufacturer qualifies; cap at 80% prevents gaming
- Credits transferable via Section 6418 to qualified buyers (DVA ≥ 40%) or to Treasury at 85% of face value
- DVA depreciation at straight-line/economic life, not §168(k) bonus or §179 (prevents OBBBA distortion)
- Equity Distribution Surcharge: 2% (publicly traded) / 3% (privately held / PE-owned) on covered equity distributions — dividends, buybacks, redemptions
- Enhanced Disclosure: MISA electors file Form 8937-M annually reporting buybacks, distributions, capex ratios, and QRE status
- Offshoring recapture: 3–5 year window; allied reorientation exemption for NATO, treaty partners, MNNAs
- Clear NAICS 31–33 definition prevents gaming (note: includes factoryless goods producers — see FGP analysis)
- MINA sunset: 10-year full credits, then 7-year linear phase-out. DO IT NOW sunset: 12-year full credits, then 10-year phase-out
- Presidential Extension: up to 3-year delay if China increases subsidies or manufacturing targets not reached
- Qualified Reinvestment Elector (QRE): must satisfy one of three tests — CapEx Growth, Distribution Restraint (≤50% of net income), or Investment Intensity (≥15% of gross receipts)
- 14 strategic sectors plus upstream supply chain rule and regulatory catch-all for Commerce designation
- Allowed in addition to Section 199A, Section 45X, CHIPS Act incentives, and §168(n) deductions
14 Strategic Sectors
Excluded Industries
MISA covers most NAICS 31–33 manufacturers but explicitly excludes sectors where profitability is already strong and policy support is unnecessary. These exclusions narrow the eligible DVA cost base from ~$2.9T to ~$2.38T.
Beer, wine, spirits, soft drinks. High margins, strong domestic market position, no reshoring need.
Cigarettes, cigars, smokeless tobacco. Highly profitable, declining public health product, no policy rationale for subsidy.
Household products. Dominated by large multinationals (P&G, Unilever) with strong margins and no competitive threat from imports.
Rationale: These sectors already earn returns above the cost of capital and face no meaningful import competition or reshoring imperative. Including them would increase program cost without advancing the policy objective of rebuilding strategic manufacturing capacity.
Why It Matters
The defense industrial base is in structural crisis — and it cannot be separated from the broader health of commercial manufacturing. U.S. machine tool production is down more than 65% since 1998. The Ukraine and Iran conflicts exposed the inability to surge artillery, missiles, and air defense at modern warfare types and volumes. China produces more naval tonnage annually than all other nations combined. China controls over 85% of global rare earth processing, over 75% of lithium-ion battery production, and virtually all EUV photoresist and specialty process chemical supply chains. Strategic sectors face 30–60% cost disadvantages vs. Chinese state-subsidized competitors. Pre-profit and thin-margin manufacturers — often the Tier 2 through Tier n suppliers that form the backbone of every defense platform — receive little benefit from corporate tax rate cuts. Income-based incentives reward profit; MISA rewards production. A 15% tax rate for manufacturing is a great idea but does not work in practice for companies investing in capacity expansion, competing against Chinese subsidies, or operating on thin margins. MISA solves this by tying the benefit directly to domestic value creation.
Factoryless Goods Producers & the DVA Cost Base
BEA's $2.9T manufacturing value-added figure includes approximately $350–430B from factoryless goods producers (FGPs) — companies like Apple and Nvidia that design products domestically but outsource physical production abroad. MISA's DVA scaling formula naturally limits FGP credit claims (pure FGPs have DVA ratios of 22–29% vs. the 76% aggregate average), but a tiered credit rate could reduce FGP-related program costs. Because Title II (DO IT NOW) stacks on Title I (MINA), the FGP issue is amplified for strategic-sector FGPs like fabless semiconductor designers (e.g., Nvidia, Qualcomm). See the Questions to Consider page and the full FGP analysis for details.
OBBBA vs. MISA: Why Both Are Needed
The One Big Beautiful Bill Act (OBBBA) contains significant manufacturing provisions — permanent 100% bonus depreciation (§168(k)), manufacturing facility expensing (§168(n)), and R&D expensing restoration (§174). These are capital deployment accelerators that improve the economics of buying equipment and building facilities. MISA operates on the operating side of the income statement — a permanent, ongoing credit on domestic value-added activity every year. The tables below illustrate the difference using a $100M manufacturer.
Assumptions: Revenue $100M; COGS $75M incl. $2M normal depreciation on $10M equipment (5-yr life); SG&A $15M; DVA costs $45M; DVA ratio 65%; DVA Scaling Fraction 80%; MISA base credit = $1.8M/yr.
AYear 1 (Investment Year)
| Metric | No Policy | OBBBA Only | MISA Only | OBBBA + MISA |
|---|---|---|---|---|
| Revenue | $100M | $100M | $100M | $100M |
| COGS (incl. $2M depreciation) | ($75M) | ($75M) | ($75M) | ($75M) |
| Additional bonus depreciation | — | ($8M) | — | ($8M) |
| Gross Profit | $25M | $17M | $25M | $17M |
| SG&A | ($15M) | ($15M) | ($15M) | ($15M) |
| Operating Income | $10M | $2M | $10M | $2M |
| Federal Tax (21%) | ($2.1M) | ($0.42M) | ($2.1M) | ($0.42M) |
| MISA Credit (base) | — | — | +$1.8M | +$1.8M |
| Net Income | $7.9M | $1.58M | $9.7M | $3.38M |
| Cash tax savings vs. baseline | — | +$1.68M | +$1.8M | +$3.48M |
BYears 2–5 (Operating Years)
| Metric | No Policy | OBBBA Only | MISA Only | OBBBA + MISA |
|---|---|---|---|---|
| Revenue | $100M | $100M | $100M | $100M |
| COGS | ($75M) | ($73M) | ($75M) | ($73M) |
| Gross Profit | $25M | $27M | $25M | $27M |
| SG&A | ($15M) | ($15M) | ($15M) | ($15M) |
| Operating Income | $10M | $12M | $10M | $12M |
| Federal Tax (21%) | ($2.1M) | ($2.52M) | ($2.1M) | ($2.52M) |
| MISA Credit (base) | — | — | +$1.8M | +$1.8M |
| Net Income | $7.9M | $11.85M | $9.7M | $13.65M |
| vs. No Policy (per year) | — | +$3.95M/yr | +$1.8M/yr | +$5.75M/yr |
C5-Year Cumulative
| Metric | No Policy | OBBBA Only | MISA Only | OBBBA + MISA |
|---|---|---|---|---|
| Year 1 Net Income | $7.9M | $1.58M | $9.7M | $3.38M |
| Years 2–5 Net Income (×4) | $31.6M | $47.4M | $38.8M | $54.6M |
| 5-Year Cumulative | $39.5M | $49.0M | $48.5M | $58.0M |
| +vs. No Policy (5-year) | — | +$9.5M | +$9.0M | +$18.5M |
OBBBA lowers the cost of buying the factory. Mannie Mac lowers the cost of financing it. MISA lowers the cost of running it.
Five Things MISA Does That OBBBA Cannot
Reaches pre-profit manufacturers
MISA credits are transferable and sellable to Treasury at 85 cents on the dollar. A manufacturer with no taxable income — a defense supplier ramping a new program, a reshoring startup, or a company investing in new capacity — earns a real credit and converts it to immediate cash. OBBBA delivers nothing to this manufacturer. Approximately 40% of U.S. manufacturers are not currently profitable; MISA reaches all of them. OBBBA reaches none.
Directly rewards domestic labor — every worker, every year
Domestic wages, salaries, benefits, and payroll taxes are a DVA component. Every dollar paid to an American manufacturing worker generates MISA credit. A manufacturer that adds 100 workers at $60K average compensation adds $6M to its DVA base, generating $240K–$480K of additional annual credit at base rates. OBBBA rewards buying machines, not employing workers.
Rewards domestic sourcing and builds supply chain depth
Domestic materials and components are a DVA component. A manufacturer that switches from Chinese-sourced castings to an American foundry increases its DVA, increases its DVA ratio, and earns more credit. This creates a direct, ongoing incentive to build domestic supply chains, flowing upstream to every Tier 2–n supplier. OBBBA has no mechanism to reward domestic sourcing decisions.
Lowers effective cost of domestic production — enabling price competition
Chinese manufacturers in strategic sectors enjoy a 30–60% cost advantage from state subsidies and below-market financing (2–4% vs. U.S. 7–11%). A MISA credit of 1–16% of DVA is worth roughly 1–10% of revenue. The credit saves $1.00 per $1 of eligible activity (not a deduction at 21 cents). Combined with OBBBA, Mannie Mac, and tariff protection, the full policy stack begins to close the structural cost gap.
Rewards domestic production for export — improving the trade balance
The DVA ratio denominator includes all sales — domestic and exported. A manufacturer that produces in the U.S. and sells globally earns the same MISA credit per dollar of domestic activity regardless of destination. This makes MISA an export competitiveness tool: U.S. manufacturers competing for global contracts against subsidized competitors receive a credit that partially offsets their cost disadvantage. No OBBBA provision touches export economics.
Documents
MISA One-Pager
Summary Document
Manufacturing and Industrial Security Act (Draft Legislation)
Legislative Draft
MISA Section-by-Section Analysis
Section-by-Section Analysis
MINA Credit One-Pager (Title I Component)
Summary Document
DO IT NOW Credit One-Pager (Title II Component)
Summary Document
Supplementary Analysis: FGPs, DVA Mechanism & §168(n)
Analysis
Manufacturing Profitability Gap: Why OBBBA Is Insufficient
Analysis