I 

118TH CONGRESS 

1ST SESSION H. R. 762 

To establish the Supply Chain Resiliency and Crisis Response Office in 

the Department of Commerce, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 2, 2023 

Ms. BLUNT ROCHESTER (for herself, Mrs. DINGELL, Ms. KELLY of Illinois, 

and Ms. WILD) introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To establish the Supply Chain Resiliency and Crisis Response 

Office in the Department of Commerce, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Building Resilient Sup5 ply Chains Act’’. 

6 SEC. 2. CRITICAL SUPPLY CHAIN RESILIENCE PROGRAM. 

7 (a) ESTABLISHMENT.—There is established in the 

8 Office of the Secretary of Commerce a Supply Chain Resil9 iency and Crisis Response Office to carry out the Critical 


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1 Supply Chain Resilience Program described in subsection 

2 (d). 

3 (b) MISSION.—The mission of the Office shall be the 

4 following: 

5 (1) Help to promote the leadership of the 

6 United States with respect to critical industries and 

7 supply chains that— 

8 (A) strengthen the national security of the 

9 United States; and 

10 (B) have a significant effect on the eco11 nomic security of the United States. 

12 (2) Encourage partnerships and collaboration 

13 with the Federal Government and the private sector, 

14 labor organizations, the governments of countries 

15 that are allies or key international partners of the 

16 United States, State governments and other political 

17 subdivisions of a State, and Tribal governments in 

18 order to— 

19 (A) promote the resilience of supply 

20 chains; and 

21 (B) respond to supply chain shocks to— 

22 (i) critical industries; and 

23 (ii) supply chains. 

24 (3) Support the development, maintenance, im25 provement, competitiveness, restoration, and expanVerDate Sep 11 2014 20:44 Feb 23, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H762.IH H762

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1 sion of the productive capacities, efficiency, and 

2 workforce of critical industries and domestic manu3 facturers of critical goods and services, industrial 

4 equipment, and manufacturing technology. 

5 (4) Prepare for and take appropriate steps to 

6 minimize the effects of supply chain shocks on crit7 ical industries and supply chains. 

8 (5) Support the creation of jobs with competi9 tive wages in the manufacturing sector. 

10 (6) Encourage manufacturing growth and op11 portunities in economically distressed areas and 

12 communities of color. 

13 (7) Promote the health of the economy of the 

14 United States and the competitiveness of manufac15 turing in the United States. 

16 (8) Coordinate executive branch actions nec17 essary to carry out the functions described in para18 graphs (1) through (7). 

19 (c) UNDER SECRETARY OF THE OFFICE.— 

20 (1) APPOINTMENT AND TERM.—The head of 

21 the Office shall be the Under Secretary of the Office 

22 of Supply Chain Resiliency and Crisis Response, ap23 pointed by the President, by and with the advice and 

24 consent of the Senate, for a term of not more than 

25 5 years. 


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1 (2) PAY.—The Under Secretary shall be com2 pensated at the rate in effect for level II of the Ex3 ecutive Schedule under section 5313 of title 5, 

4 United States Code. 

5 (3) ADMINISTRATIVE AUTHORITIES.—The 

6 Under Secretary may appoint officers and employees 

7 in accordance with chapter 51 and subchapter III of 

8 chapter 53 of title 5, United States Code. 

9 (d) CRITICAL SUPPLY CHAIN RESILIENCE PRO10 GRAM.— 

11 (1) IN GENERAL.—The Under Secretary shall 

12 support the resilience, diversity, security, and 

13 strength of supply chains by providing grants, loans, 

14 and loan guarantees for eligible activities described 

15 under subsection (e) to eligible entities described 

16 under subsection (f). 

17 (2) APPLICATION.—To be eligible for a grant, 

18 loan, or loan guarantee under this section, an eligi19 ble entity described in subsection (f) shall submit to 

20 the Under Secretary an application at such time, in 

21 such form, and containing such information as the 

22 Under Secretary may require, including— 

23 (A) a description of the proposed activity 

24 to be carried out with such a grant, loan, or 

25 loan guarantee; 


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1 (B) a description of the supply chain sup2 ported by the proposed activity; and 

3 (C) an estimate of the total costs for such 

4 activity. 

5 (e) ELIGIBLE ACTIVITIES.—The following activities 

6 may be carried out with amounts made available under 

7 this section: 

8 (1) The development, diversification, preserva9 tion, improvement, support, restoration, or expan10 sion of supply chains and the domestic manufac11 turing of critical goods and services, industrial 

12 equipment, and manufacturing technology, including 

13 activities that support any of the following: 

14 (A) The domestic manufacturing of a crit15 ical good or service or industrial equipment. 

16 (B) The commercialization, adoption, de17 ployment, or use of manufacturing technology 

18 by domestic manufacturers. 

19 (C) The design, engineering, construction, 

20 expansion, improvement, repair, or maintenance 

21 of critical infrastructure or a manufacturing fa22 cility in the United States. 

23 (D) The purchase, lease, enhancement, or 

24 retooling of industrial equipment for use in the 

25 United States. 


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1 (E) The purchase, lease, or acquisition of 

2 critical goods and services, industrial equip3 ment, or manufacturing technology from reli4 able sources. 

5 (2) The manufacture or acquisition of a sub6 stitute for a critical good or service, industrial equip7 ment, or manufacturing technology. 

8 (3) The establishment, improvement, develop9 ment, expansion, or preservation of surge capacity or 

10 stockpiling of a critical good or service or industrial 

11 equipment, as appropriate and necessary. 

12 (4) The establishment, improvement, or preser13 vation of diverse, secure, reliable, and strong sources 

14 and locations of a critical good or service in the 

15 United States. 

16 (f) ELIGIBLE ENTITIES.—The following entities are 

17 eligible to receive grants, loans, and loan guarantees under 

18 this section: 

19 (1) A domestic manufacturer. 

20 (2) A domestic enterprise. 

21 (3) A State, county, city, or other political sub22 division of a State. 

23 (4) A Tribal government. 


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1 (5) A manufacturing extension center estab2 lished as part of the Hollings Manufacturing Exten3 sion Partnership. 

4 (6) A Manufacturing USA institute as de5 scribed in section 34(d) of the National Institute of 

6 Standards and Technology Act (15 U.S.C. 278s(d)). 

7 (7) An institution of higher education acting as 

8 part of a consortium, partnership, or joint venture 

9 with another eligible entity described in paragraphs 

10 (1) through (6). 

11 (8) A public or private nonprofit organization 

12 or association acting as part of a consortium, part13 nership, or joint venture with another eligible entity 

14 described in paragraphs (1) through (6). 

15 (9) A consortium, partnership, or joint venture 

16 of two or more eligible entities described under para17 graphs (1) through (8). 

18 (g) REQUIREMENTS.—The Under Secretary may only 

19 make a grant, loan, or loan guarantee available to an eligi20 ble entity if the Under Secretary makes a determination 

21 of the following: 

22 (1) The grant, loan, or loan guarantee is for an 

23 activity described under subsection (e). 

24 (2) Without a grant, loan, or loan guarantee 

25 the eligible entity would not be able to fund or fiVerDate Sep 11 2014 20:44 Feb 23, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H762.IH H762

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1 nance the activity under reasonable terms and condi2 tions. 

3 (3) A grant, loan, or loan guarantee is a cost 

4 effective, expedient, and practical financial assist5 ance for the activity. 

6 (4) There is a reasonable assurance that— 

7 (A) the eligible entity will implement the 

8 activity in accordance with the application sub9 mitted pursuant to paragraph (2) of subsection 

10 (d); and 

11 (B) the activity will support— 

12 (i) the resilience, diversity, security, or 

13 strength of a supply chain; or 

14 (ii) the national security or economic 

15 security of the United States. 

16 (5) The eligible entity agrees to provide the in17 formation required under paragraph (3) of sub18 section (m). 

19 (h) CRITERIA.—The Under Secretary shall establish 

20 criteria for the awarding of grants, loans, and loan guar21 antees that meet the requirements under subsection (g), 

22 including the following: 

23 (1) The extent to which the activity supports 

24 the resilience, diversity, security, and strength of 

25 supply chains. 


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1 (2) The extent to which the activity is funded 

2 or financed by non-Federal sources. 

3 (3) The extent to which the grant, loan, or loan 

4 guarantee will assist small and medium-sized domes5 tic manufacturers. 

6 (4) The amount of appropriations that are re7 quired to fund or finance the grant, loan, or loan 

8 guarantee made available under this section. 

9 (i) GRANT COST SHARE.— 

10 (1) IN GENERAL.—The Federal share of the 

11 cost of a grant awarded to an eligible entity under 

12 this section may not exceed 80 percent of the total 

13 cost of the activity. 

14 (2) WAIVER.—Upon providing written justifica15 tion for a determination made pursuant to this para16 graph, which may be submitted with a classified 

17 annex to the Committee on Energy and Commerce 

18 of the House of Representatives and the Committee 

19 on Commerce, Science, and Transportation of the 

20 Senate, the Under Secretary may waive the cost 

21 share requirement under paragraph (1)— 

22 (A) during a period of national emergency 

23 declared by an Act of Congress or the Presi24 dent; or 


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1 (B) upon making a determination that a 

2 grant is necessary to avert the disruption, 

3 strain, compromise, or elimination of a supply 

4 chain that would severely affect the national se5 curity or economic security of the United 

6 States. 

7 (3) MAXIMUM FEDERAL INVOLVEMENT.—Fed8 eral assistance other than a grant under this section 

9 may be used to satisfy the non-Federal share of the 

10 cost of the activity. 

11 (j) LOANS AND LOAN GUARANTEES.— 

12 (1) IN GENERAL.—The Under Secretary may 

13 enter into agreements with one or more eligible enti14 ties to make a loan, the proceeds of which shall be 

15 used to finance eligible activities. 

16 (2) MAXIMUM AMOUNT.—The amount of a loan 

17 under this section shall not exceed 80 percent of the 

18 reasonably anticipated costs of an activity. 

19 (3) WAIVER.—Upon providing written justifica20 tion for a determination made pursuant to this para21 graph, which may be submitted with a classified 

22 annex to the Committee on Energy and Commerce 

23 of the House of Representatives and the Committee 

24 on Commerce, Science, and Transportation of the 


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1 Senate, the Under Secretary may waive the require2 ment under paragraph (2)— 

3 (A) during a period of national emergency 

4 declared by an Act of Congress or the Presi5 dent; or 

6 (B) upon making a determination that a 

7 loan or loan guarantee is necessary to avert the 

8 disruption, strain, compromise, or elimination 

9 of a supply chain that would severely affect the 

10 economic security of the United States. 

11 (4) MAXIMUM FEDERAL INVOLVEMENT.—The 

12 proceeds of a loan under this section may be used 

13 to pay any non-Federal share of activity costs re14 quired if the loan is repayable from non-Federal 

15 funds. 

16 (5) LOAN GUARANTEES.—The Under Secretary 

17 may provide a loan guarantee to a lender in lieu of 

18 making a loan under this subsection. 

19 (6) LOAN GUARANTEE TERMS.—The terms of a 

20 loan guarantee provided under this subsection shall 

21 be consistent with the terms established in this sub22 section for a loan. 

23 (k) CREDITWORTHINESS.— 

24 (1) IN GENERAL.—For a loan or loan guar25 antee issued under subsection (j), the eligible activity 


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1 and eligible entity receiving such loan or loan guar2 antee shall be creditworthy, which shall be deter3 mined by the Under Secretary. 

4 (2) CONSIDERATIONS.—In determining the 

5 creditworthiness of an eligible activity and eligible 

6 entity, the Under Secretary shall take into consider7 ation relevant factors, including the following: 

8 (A) The terms, conditions, financial struc9 ture, and security features of the proposed fi10 nancing. 

11 (B) The revenue sources that will secure or 

12 fund any note, bond, debenture, or other debt 

13 obligation issued in connection with the Federal 

14 financing. 

15 (C) The financial assumptions upon which 

16 the loan or loan guarantee is based. 

17 (D) The ability of the eligible entity to suc18 cessfully achieve the goal of the activity. 

19 (E) The financial soundness and credit his20 tory of the eligible entity. 

21 (l) CONDITIONS.—The Under Secretary is authorized 

22 to prescribe— 

23 (1) either specifically or by maximum limits or 

24 otherwise, rates of interest, guarantee and commit25 ment fees, and other charges which may be made in 


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1 connection with a loan or loan guarantee made 

2 under this section; and 

3 (2) regulations governing the forms and proce4 dures (which shall be uniform to the extent prac5 ticable) to be used in connection with such loans and 

6 loan guarantees. 

7 (m) PERFORMANCE MEASURES.—For grants, loans, 

8 and loan guarantees awarded under this section, the 

9 Under Secretary shall— 

10 (1) develop metrics to assess the extent to 

11 which the activities meet the criteria under sub12 section (h); 

13 (2) evaluate the extent to which each eligible 

14 entity awarded a grant, loan, or loan guarantee is 

15 meeting the criteria under subsection (h); and 

16 (3) require that any information the Under Sec17 retary determines to be necessary for the evaluation 

18 described under paragraph (2) be provided by eligi19 ble entities awarded a grant, including subawardees. 

20 (n) REVOCATION.—The Under Secretary may revoke 

21 a grant, loan, or loan guarantee if the eligible entity fails 

22 to meet any requirement under this section. 

23 (o) CONSTRUCTION PROJECTS.—Section 602 of the 

24 Public Works and Economic Development Act of 1965 (42 

25 U.S.C. 3212) shall apply to a construction project that 


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1 receives financial assistance from the Under Secretary 

2 under this section. 

3 (p) CRITICAL SUPPLY CHAIN RESILIENCE FUND.— 

4 (1) ESTABLISHMENT.—There is established in 

5 the Treasury of the United States a fund to be 

6 known as the ‘‘Supply Chains for Critical Manufac7 turing Industries Fund’’ (referred to in this section 

8 as the ‘‘Fund’’) which shall solely be used by the 

9 Under Secretary to carry out this section. 

10 (2) REVOLVING LOAN FUND.—The proceeds of 

11 any conditions prescribed under subsection (l)(1) 

12 shall be deposited into the Fund. 

13 (q) PROGRAM EVALUATION.—Not later than 4 years 

14 after the date of enactment of this Act, and every 4 years 

15 thereafter, the Inspector General of the Department of 

16 Commerce shall conduct an audit of the Office to— 

17 (1) evaluate the performance of the activities 

18 supported by a grant, loan, or loan guarantee under 

19 this section; 

20 (2) evaluate the extent to which the require21 ments and criteria under this section are met; and 

22 (3) provide recommendations on any proposed 

23 changes to improve the effectiveness of the Office on 

24 meeting the mission under subsection (b). 


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1 (r) REGULATIONS.—The Under Secretary may pro2 mulgate such regulations as the Under Secretary deter3 mines to be appropriate to carry out this section. 

4 (s) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated— 

6 (1) to the Fund $41,000,000,000 for fiscal 

7 years 2024 through 2028, to remain available until 

8 expended, of which not more than— 

9 (A) $31,000,000,000 may be used for 

10 loans and loan guarantees to eligible entities; 

11 (B) $10,000,000,000 may be used for 

12 grants; and 

13 (C) 2 percent per fiscal year may be used 

14 for administrative costs; and 

15 (2) to the Inspector General of the Department 

16 of Commerce $5,000,000 for fiscal years 2024 

17 through 2028, to remain available until expended, to 

18 carry out subsection (q). 

19 (t) CONSISTENCY WITH INTERNATIONAL AGREE20 MENTS.—This Act shall be applied in a manner consistent 

21 with United States obligations under international agree22 ments. 

23 (u) WORKFORCE PROTECTIONS.—Any eligible entity 

24 applying for a grant, loan, or loan guarantee under this 


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1 section and with 100 or more employees shall make a 

2 good-faith certification that— 

3 (1) the eligible entity will not abrogate existing 

4 collective bargaining agreements for— 

5 (A) the term of the grant; or 

6 (B) the term of the loan or loan guarantee 

7 and 2 years after completing repayment of the 

8 loan; and 

9 (2) the eligible entity will remain neutral in any 

10 union organizing effort for the term of the grant, 

11 loan, or loan guarantee. 

12 (v) DEFINITIONS.—In this section: 

13 (1) ALLY OR KEY INTERNATIONAL PARTNER.— 

14 The term ‘‘ally or key international partner’’ does 

15 not include countries that pose a significant national 

16 security or economic security risk to the United 

17 States. 

18 (2) CRITICAL GOOD OR SERVICE.—The term 

19 ‘‘critical good or service’’ means any raw, in process, 

20 or manufactured material (including any mineral, 

21 metal, or advanced processed material), article, com22 modity, supply, product, or item of supply the ab23 sence of which would have a significant effect on— 

24 (A) the national security or economic secu25 rity of the United States; and 


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1 (B) critical infrastructure. 

2 (3) CRITICAL INDUSTRY.—The term ‘‘critical 

3 industry’’ means an industry that is critical for the 

4 national security or economic security of the United 

5 States, considering key technology focus areas under 

6 this section and critical infrastructure. 

7 (4) CRITICAL INFRASTRUCTURE.—The term 

8 ‘‘critical infrastructure’’ has the meaning given to 

9 that term in the Critical Infrastructures Protection 

10 Act of 2001 (42 U.S.C. 5195c). 

11 (5) DOMESTIC ENTERPRISE.—The term ‘‘do12 mestic enterprise’’ means an enterprise that con13 ducts business in the United States and procures a 

14 critical good or service. 

15 (6) DOMESTIC MANUFACTURER.—The term 

16 ‘‘domestic manufacturer’’ means a business that— 

17 (A) conducts in the United States the re18 search and development, engineering, or pro19 duction activities necessary or incidental to 

20 manufacturing; or 

21 (B) if provided a grant, loan, loan guar22 antee, or equity investment pursuant to this 

23 section, will conduct in the United States the 

24 research and development, engineering, or proVerDate Sep 11 2014 20:44 Feb 23, 2023 Jkt 039200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H762.IH H762

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1 duction activities necessary or incidental to 

2 manufacturing. 

3 (7) INDUSTRIAL EQUIPMENT.—The term ‘‘in4 dustrial equipment’’ means any component, sub5 system, system, equipment, tooling, accessory, part, 

6 or assembly necessary for the manufacturing of a 

7 critical good or service. 

8 (8) INSTITUTION OF HIGHER EDUCATION.—The 

9 term ‘‘institution of higher education’’ has the 

10 meaning given that term under section 101(a) of the 

11 Higher Education Act of 1965 (20 U.S.C. 1001(a)). 

12 (9) KEY TECHNOLOGY FOCUS AREAS.—The 

13 term ‘‘key technology focus areas’’ means the fol14 lowing: 

15 (A) Artificial intelligence, machine learn16 ing, autonomy, and related advances. 

17 (B) High performance computing, semi18 conductors, and advanced computer hardware 

19 and software. 

20 (C) Quantum information science and 

21 technology. 

22 (D) Robotics, automation, and advanced 

23 manufacturing. 

24 (E) Natural and anthropogenic disaster 

25 prevention or mitigation. 


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1 (F) Advanced communications technology, 

2 including optical transmission components. 

3 (G) Biotechnology, medical technology, 

4 genomics, and synthetic biology. 

5 (H) Data storage, data management, dis6 tributed ledger technologies, and cybersecurity, 

7 including biometrics. 

8 (I) Advanced energy and industrial efficacy 

9 technologies, such as batteries, advanced nu10 clear technologies, and polysilicon for use in 

11 solar photovoltaics, including for the purposes 

12 of electric generation (consistent with section 

13 15 of the National Science Foundation Act of 

14 1950 (42 U.S.C. 1874)). 

15 (J) Advanced materials science, including 

16 composites and 2D materials and equipment, 

17 aerospace grade metals, and aerospace specific 

18 manufacturing enabling chemicals. 

19 (10) LENDER.—The term ‘‘lender’’ means any 

20 non-Federal qualified institutional buyer (as defined 

21 in section 230.144A(a) of title 17, Code of Federal 

22 Regulations or a successor regulation). 

23 (11) LOAN.—The term ‘‘loan’’ means a direct 

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1 tion with the financing of an activity under this sec2 tion. 

3 (12) LOAN GUARANTEE.—The term ‘‘loan guar4 antee’’ means any guarantee or other pledge by the 

5 Under Secretary to pay all or part of the principal 

6 of, and interest on, a loan or other debt obligation 

7 entered into by an eligible entity and funded by a 

8 lender. 

9 (13) MANUFACTURE.—The term ‘‘manufac10 ture’’ means any activity that is necessary for or in11 cidental to the development, production, processing, 

12 distribution, or delivery of any raw, in process, or 

13 manufactured material (including minerals, metals, 

14 and advanced processed materials), article, com15 modity, supply, product, critical good or service, or 

16 item of supply. 

17 (14) MANUFACTURING FACILITY.—The term 

18 ‘‘manufacturing facility’’ means any type of building, 

19 structure, or real property necessary or incidental to 

20 the manufacturing of a critical good or service. 

21 (15) MANUFACTURING TECHNOLOGY.—The 

22 term ‘‘manufacturing technology’’ means tech23 nologies that are necessary or incidental to the man24 ufacturing of a critical good or service. 


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1 (16) NONPROFIT ORGANIZATION.—The term 

2 ‘‘nonprofit organization’’ means an organization that 

3 is described in section 501(c)(3) of the Internal Rev4 enue Code of 1986 and exempt from taxation under 

5 section 501(a) of such Code. 

6 (17) OFFICE.—The term ‘‘Office’’ means the 

7 Supply Chain Resiliency and Crisis Response Office 

8 established under subsection (a). 

9 (18) STATE.—The term ‘‘State’’ means each 

10 State of the United States, the District of Columbia, 

11 American Samoa, Guam, the Commonwealth of the 

12 Northern Mariana Islands, the Commonwealth of 

13 Puerto Rico, the Virgin Islands of the United States, 

14 and any other territory or possession of the United 

15 States. 

16 (19) SUPPLY CHAIN.—The term ‘‘supply chain’’ 

17 means a supply chain for a critical good or service. 

18 (20) TRIBAL GOVERNMENT.—The term ‘‘Tribal 

19 government’’ means Indian Tribes, Alaska Native 

20 Tribal entities, and Native Hawaiian communities. 

21 (21) UNDER SECRETARY.—The term ‘‘Under 

22 Secretary’’ means the Under Secretary of the Office 

23 of Supply Chain Resiliency and Crisis Response ap24 pointed pursuant to subsection (c). 

Æ 


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