collected from civil monetary penalties imposed pursuant to paragraph (10) of section 303(f) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 333(f) ), as added by section 3(d), shall be deposited in the Fund, to remain available until expended. (d) Distribution of funds (1) Grants The Secretary of Health and Human Services shall establish a grant program to support and incentivize pharmaceutical or device companies to manufacture prescription drugs, active pharmaceutical ingredients, or devices in any of the 50 States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (2) Limitations on use of funds As a condition on receipt of a grant under this section, the recipient of the grant shall agree to use— (A) not more than 10 percent of the grant for new or expanded manufacturing capacity