I 

118TH CONGRESS 

1ST SESSION H. R. 774 

To establish an Office of Manufacturing Security and Resilience in the 

Department of Commerce, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 2, 2023 

Mrs. DINGELL (for herself, Ms. BLUNT ROCHESTER, 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 an Office of Manufacturing Security and Resilience 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 ‘‘Manufacturing Econ5 omy And National Security Act’’ or the ‘‘MEANS Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) Resilient supply chains are paramount to 

9 our national security and economic security. 


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1 (2) A coordinated and whole-of-Government ap2 proach to safeguarding supply chains will benefit all 

3 Americans and ensure disruptions are avoided or 

4 mitigated. 

5 (3) Establishing an Office of Manufacturing Se6 curity and Resilience in the Department of Com7 merce will serve as the cornerstone of the Federal 

8 Government’s supply chain mission. 

9 SEC. 3. UNITED STATES STRATEGY TO COUNTER THREATS 

10 TO SUPPLY CHAINS FOR CRITICAL GOODS. 

11 (a) IN GENERAL.—In accordance with Executive 

12 Order 14017 (86 Fed. Reg. 11849; relating to America’s 

13 supply chains), the Under Secretary shall, not later than 

14 180 days after enactment of this Act, develop and imple15 ment a strategy taking a whole-of-Government approach 

16 to support the resilience, diversity, security, and strength 

17 of supply chains. 

18 (b) ELEMENTS.—The strategy required under sub19 section (a) shall include the following elements: 

20 (1) A plan to execute a unified national effort 

21 to reduce reliance on concentrated supply chains for 

22 critical goods and protect against threats from coun23 tries of concern relating to supply chains for critical 

24 goods. 


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1 (2) A plan to provide sufficient access to critical 

2 goods by ensuring that supply chains are not vulner3 able to disruption, strain, compromise, or elimi4 nation, including by being concentrated in a country 

5 of concern. 

6 (3) A plan to collaborate with other relevant 

7 Federal Government agencies to assist allies or key 

8 international partners to build capacity for manufac9 turing critical goods. 

10 (4) A plan to incentivize, through loans and 

11 loan guarantees, and equity investment, and identify 

12 tax incentives, trade preferences, or other means, as 

13 appropriate— 

14 (A) for domestic manufacturers that man15 ufacture critical goods to— 

16 (i) relocate manufacturing facilities, 

17 industrial equipment, or operations related 

18 to the production of critical goods from 

19 countries of concern to the United States 

20 or to other allies or key international part21 ners; and 

22 (ii) to support manufacturing facili23 ties, industrial equipment, or operations to 

24 increase the production of critical goods 

25 and meet demand for such articles; and 


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1 (B) for domestic manufacturers that do 

2 not manufacture critical goods to make nec3 essary or appropriate modifications to existing 

4 manufacturing facilities, industrial equipment, 

5 manufacturing technology, or operations in 

6 order to manufacture 1 or more critical good. 

7 (5) A plan describing the manner and processes 

8 through which the Under Secretary will implement 

9 the program under section 4, including through con10 sultation with, or requests for information from, the 

11 heads of any relevant Federal agencies, including 

12 those with jurisdiction over supply chains, for the 

13 purposes of ensuring— 

14 (A) the awards serve the greatest needs for 

15 the most diverse array of critical industries; and 

16 (B) the awards, on the whole, serve the 

17 greatest national security and economic security 

18 needs. 

19 (6) A plan to protect against supply chain 

20 shocks from countries of concern relating to supply 

21 chains. 

22 (7) A plan to strengthen and increase trade and 

23 other forms of engagement between the United 

24 States and allies or key international partners in 

25 order to mitigate— 


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1 (A) supply chain vulnerabilities; and 

2 (B) the effects of supply chain shocks. 

3 (8) Identify, in coordination with other relevant 

4 Federal agencies, actions relating to supply chains 

5 with which the United States might— 

6 (A) raise living standards; 

7 (B) increase employment opportunities; 

8 and 

9 (C) address the underlying causes of irreg10 ular migration. 

11 (9) Recommendations to effectuate the strategy 

12 under this section. 

13 (c) SUBMISSION OF STRATEGY.— 

14 (1) IN GENERAL.—Not later than 270 days 

15 after the date of the enactment of this Act, the 

16 President shall submit to the Committee on Energy 

17 and Commerce of the House of Representatives and 

18 the Committee on Commerce, Science, and Trans19 portation of the Senate, and publish on the website 

20 of the Office of the Under Secretary, a report con21 taining the strategy developed under this section. 

22 (2) UPDATE.—Not less than once every 4 years 

23 after the date on which the strategy is submitted 

24 under paragraph (1), the Under Secretary shall sub25 mit to Congress an update to such strategy. 


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1 (3) FORM.—The report submitted under para2 graph (1), and any update submitted under para3 graph (2), shall be submitted in unclassified form 

4 and may include a classified annex. 

5 SEC. 4. CRITICAL SUPPLY CHAIN RESILIENCE PROGRAM. 

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

7 Office of the Secretary of Commerce an Office of Manu8 facturing Security and Resilience to carry out the Manu9 facturing Security and Resilience Program described in 

10 subsection (d). 

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

12 following: 

13 (1) Help to promote the leadership of the 

14 United States with respect to critical industries and 

15 supply chains that— 

16 (A) strengthen the national security of the 

17 United States; and 

18 (B) have a significant effect on the eco19 nomic security of the United States. 

20 (2) Support the availability of critical goods by 

21 supporting domestic manufacturers, domestic enter22 prises, and manufacturing operations in countries 

23 that are allies or key international partners of the 

24 United States. 


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1 (3) Assist the Federal Government in preparing 

2 for, and responding to, covered emergencies and 

3 supply chain shocks, including by improving the 

4 flexible manufacturing capacities and capabilities in 

5 the United States in the case of a supply chain 

6 shock. 

7 (4) Reduce the reliance of domestic entities and 

8 domestic manufacturers on critical goods with con9 centrated supply chains from countries of concern. 

10 (5) Encourage partnerships and collaboration 

11 with the Federal Government and the private sector, 

12 labor organizations, the governments of countries 

13 that are allies or key international partners of the 

14 United States, State governments and other political 

15 subdivisions of a State, and Tribal governments in 

16 order to— 

17 (A) promote the resilience of supply 

18 chains; and 

19 (B) respond to supply chain shocks to— 

20 (i) critical industries; and 

21 (ii) supply chains. 

22 (6) In order to safeguard against supply chain 

23 disruptions, encourage the relocation of facilities 

24 that manufacture critical goods from countries of 

25 concern to allies or key international partners. 


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1 (7) Support the development, maintenance, im2 provement, competitiveness, restoration, and expan3 sion of the productive capacities, efficiency, and 

4 workforce of critical industries and domestic manu5 facturers of critical goods, industrial equipment, and 

6 manufacturing technology. 

7 (8) Prepare for and take appropriate steps to 

8 minimize the effects of supply chain shocks on crit9 ical industries and supply chains. 

10 (9) Support the creation of jobs with competi11 tive wages in the manufacturing sector. 

12 (10) Encourage manufacturing growth and op13 portunities in economically distressed areas and 

14 communities of color. 

15 (11) Promoting the health of the economy of 

16 the United States and the competitiveness of manu17 facturing in the United States. 

18 (12) Coordinate executive branch actions nec19 essary to carry out the functions described in para20 graphs (1) through (11). 

21 (c) UNDER SECRETARY OF THE OFFICE.— 

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

23 the Office shall be the Under Secretary of the Office 

24 of Supply Chain Resiliency and Crisis Response, ap25 pointed by the President, by and with the advice and 


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

2 5 years. 

3 (2) PAY.—The Under Secretary shall be com4 pensated at the rate in effect for level II of the Ex5 ecutive Schedule under section 5313 of title 5, 

6 United States Code. 

7 (3) ADMINISTRATIVE AUTHORITIES.—The 

8 Under Secretary may appoint officers and employees 

9 in accordance with chapter 51 and subchapter III of 

10 chapter 53 of title 5, United States Code. 

11 (d) MANUFACTURING SECURITY AND RESILIENCE

12 PROGRAM.— 

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

14 support the resilience, diversity, security, and 

15 strength of supply chains by providing loans and 

16 loan guarantees for eligible activities described under 

17 subsection (e) to eligible entities described under 

18 subsection (f). 

19 (2) APPLICATION.—To be eligible for a loan or 

20 loan guarantee under this section, an eligible entity 

21 described in subsection (e) shall submit to the Under 

22 Secretary an application at such time, in such form, 

23 and containing such information as the Under Sec24 retary may require, including— 


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1 (A) a description of the proposed activity 

2 to be carried out with such a loan or loan guar3 antee; 

4 (B) a description of the supply chain sup5 ported by the proposed activity; and 

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

7 activity. 

8 (e) ELIGIBLE ACTIVITIES.—The following activities 

9 may be carried out with amounts made available under 

10 this section: 

11 (1) The development, diversification, preserva12 tion, improvement, support, restoration, or expan13 sion of supply chains and the domestic or proximal 

14 manufacturing of critical goods, industrial equip15 ment, and manufacturing technology, including ac16 tivities that support any of the following: 

17 (A) The domestic manufacturing of a crit18 ical good or industrial equipment. 

19 (B) The commercialization, adoption, de20 ployment, or use of manufacturing technology 

21 by domestic manufacturers. 

22 (C) The design, engineering, construction, 

23 expansion, improvement, repair, or maintenance 

24 of critical infrastructure or a manufacturing fa25 cility in the United States. 


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

2 retooling of industrial equipment for use in the 

3 United States. 

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

5 critical goods, industrial equipment, or manu6 facturing technology from reliable sources. 

7 (F) The relocation of manufacturing facili8 ties, or operations related to the production of 

9 critical goods out of a country of concern and 

10 into the United States or to an ally or key 

11 international partner of the United States, with 

12 a priority for those eligible countries listed in 

13 subsection (w)(1)(B). 

14 (G) The modification of manufacturing fa15 cilities, industrial equipment, or operations re16 lated to the manufacture of critical goods to— 

17 (i) create new capabilities for an eligi18 ble entity to manufacture critical goods; 

19 (ii) expand existing operations to in20 crease the manufacture of critical goods; or 

21 (iii) accommodate any manufacturing 

22 operations related to critical goods that are 

23 being relocated to the United States or to 

24 an ally or key international partner. 


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1 (H) The development of tools or processes 

2 that relate to procuring, transporting, or stor3 ing critical goods. 

4 (2) The manufacture or acquisition of a sub5 stitute for a critical good, industrial equipment, or 

6 manufacturing technology. 

7 (3) The establishment, improvement, develop8 ment, expansion, or preservation of surge capacity or 

9 stockpiling of a critical good or industrial equip10 ment, as appropriate and necessary. 

11 (4) The establishment, improvement, or preser12 vation of diverse, secure, reliable, and strong sources 

13 and locations of a critical good in the United States. 

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

15 eligible to receive loans and loan guarantees under this 

16 section: 

17 (1) A domestic manufacturer. 

18 (2) A domestic enterprise. 

19 (3) A State, county, city, or other political sub20 division of a State. 

21 (4) A Tribal government. 

22 (5) A manufacturing extension center estab23 lished as part of the Hollings Manufacturing Exten24 sion Partnership. 


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1 (6) A manufacturing USA institute as de2 scribed in section 34(d) of the National Institute of 

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

4 (7) An institution of higher education acting as 

5 part of a consortium, partnership, or joint venture 

6 with another eligible entity described in paragraphs 

7 (1) through (6). 

8 (8) A public or private nonprofit organization 

9 or association acting as part of a consortium, part10 nership, or joint venture with another eligible entity 

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

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

13 of two or more eligible entities described under para14 graphs (1) through (8). 

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

16 make a loan or loan guarantee available to an eligible enti17 ty if the Under Secretary makes a determination of the 

18 following: 

19 (1) The loan or loan guarantee is for an activity 

20 described under subsection (e). 

21 (2) Without a loan or loan guarantee the eligi22 ble entity would not be able to fund or finance the 

23 activity under reasonable terms and conditions. 


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1 (3) A loan or loan guarantee is a cost effective, 

2 expedient, and practical financial assistance for the 

3 activity. 

4 (4) There is a reasonable assurance that— 

5 (A) the eligible entity will implement the 

6 activity in accordance with the application sub7 mitted pursuant to paragraph (2) of subsection 

8 (d); and 

9 (B) the activity will support— 

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

11 strength of a supply chain; and 

12 (ii) the national security or economic 

13 security of the United States. 

14 (5) The eligible entity agrees to provide the in15 formation required under paragraph (3) of sub16 section (n). 

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

18 criteria for the awarding of loan or loan guarantee that 

19 meet the requirements under subsection (g), including the 

20 following: 

21 (1) The extent to which the activity supports 

22 the resilience, diversity, security, and strength of 

23 supply chains. 

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

25 by non-Federal sources. 


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1 (3) The extent to which the loan or loan guar2 antee will assist small and medium-sized domestic 

3 manufacturers. 

4 (4) The amount of appropriations that are re5 quired to fund or finance the loan or loan guarantee 

6 made available under this section. 

7 (i) LOANS AND LOAN GUARANTEES.— 

8 (1) MAXIMUM AMOUNT.—The amount of a loan 

9 under this section shall not exceed 80 percent of the 

10 reasonably anticipated costs of an activity. 

11 (2) WAIVER.—Upon providing written justifica12 tion for a determination made pursuant to subpara13 graph (B), which may be submitted in a classified 

14 annex to the Committee on Energy and Commerce 

15 of the House of Representatives and the Committee 

16 on Commerce, Science, and Transportation of the 

17 Senate, the Under Secretary may waive the require18 ment under paragraph (2)— 

19 (A) during a period of national emergency 

20 declared by an Act of Congress or the Presi21 dent; or 

22 (B) upon making a determination that a 

23 loan or loan guarantee is necessary to avert the 

24 disruption, strain, compromise, or elimination 


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1 of a supply chain that would severely affect the 

2 economic security of the United States. 

3 (3) MAXIMUM FEDERAL INVOLVEMENT.—The 

4 proceeds of a loan under this section may be used 

5 to pay any non-Federal share of activity costs re6 quired if the loan is repayable from non-Federal 

7 funds. 

8 (4) LOAN GUARANTEE TERMS.—The terms of a 

9 loan guarantee provided under this subsection shall 

10 be consistent with the terms established in this sub11 section for a loan. 

12 (j) MANUFACTURING INVESTMENT COMPANIES.— 

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

14 provide a loan or loan guarantee to a manufacturing 

15 investment company. 

16 (2) EQUITY CAPITAL.—A manufacturing invest17 ment company shall use the proceeds of a loan or 

18 loan guarantee provided under paragraph (1) to pro19 vide a source of equity capital for eligible entities de20 scribed under subsection (f) to carry out eligible ac21 tivities. 

22 (3) APPLICATION.—To be eligible to receive a 

23 loan or loan guarantee under this section, a manu24 facturing investment company shall submit to the 

25 Under Secretary an application, in a form and inVerDate Sep 11 2014 04:12 Mar 01, 2023 Jkt 039200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H774.IH H774

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1 cluding such documentation as may be prescribed by 

2 the Under Secretary, which shall include: 

3 (A) A plan describing how the manufac4 turing investment company intends to provide 

5 equity capital to eligible entities described 

6 under subsection (f) to support the resilience, 

7 diversity, security, and strength of supply 

8 chains. 

9 (B) Information regarding the relevant 

10 qualifications and general reputation of the 

11 management of the manufacturing investment 

12 company. 

13 (C) A description of how the manufac14 turing investment company intends to address 

15 the unmet capital needs of eligible entities de16 scribed under subsection (f). 

17 (D) A description of whether and to what 

18 extent the manufacturing investment company 

19 meets the criteria under paragraph (4) and the 

20 objectives of the program established under this 

21 Act. 

22 (4) CRITERIA.—The Secretary shall establish 

23 criteria for the awarding of a loan or loan guarantee 

24 to a manufacturing investment company, including 

25 the following: 


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1 (A) The extent to which the equity capital 

2 to be provided pursuant to paragraph (2) sup3 ports the resilience, diversity, security, and 

4 strength of supply chains. 

5 (B) The extent to which the plan described 

6 under subparagraph (A) of paragraph (3) will 

7 be funded or financed by non-Federal sources. 

8 (C) The extent to which the manufacturing 

9 investment company will assist small and me10 dium-sized domestic manufacturers. 

11 (D) The amount of appropriations that are 

12 required to fund or finance the loan or loan 

13 guarantee made available under this subsection. 

14 (5) REQUIREMENTS.—As a condition for pro15 viding a loan or loan guarantee under paragraph 

16 (1), the Under Secretary shall require that a manu17 facturing investment company certifies that— 

18 (A) the equity capital is for an activity de19 scribed under subsection (e); 

20 (B) an eligible entity meets the require21 ments under subsection (g); 

22 (C) without equity capital, the eligible enti23 ty would not be able to fund or finance the ac24 tivity under reasonable terms and conditions; 


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1 (D) equity capital is a cost effective, expe2 dient, and practical financial assistance for the 

3 activity; 

4 (E) there is a reasonable assurance that— 

5 (i) the eligible entity will implement 

6 the activity; and 

7 (ii) the activity will support— 

8 (I) the resilience, diversity, secu9 rity, or strength of a supply chain; 

10 and 

11 (II) the national security or eco12 nomic security of the United States; 

13 and 

14 (F) it will provide the information required 

15 under paragraph (6). 

16 (6) PERFORMANCE MEASURES.—For loans and 

17 loan guarantees awarded under this subsection, the 

18 Under Secretary shall— 

19 (A) develop metrics to assess the extent to 

20 which the manufacturing investment company 

21 meets the criteria under paragraph (4); 

22 (B) evaluate the extent to which each man23 ufacturing investment company awarded a loan 

24 or loan guarantee is meeting the criteria under 

25 paragraph (4); and 


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1 (C) require that any loan information the 

2 Under Secretary determines to be necessary for 

3 the evaluation described under subparagraph 

4 (B) be provided by manufacturing investment 

5 companies. 

6 (k) CREDITWORTHINESS.— 

7 (1) IN GENERAL.—For a loan or loan guar8 antee issued under subsections (d) and (j), the man9 ufacturing investment company or eligible activity 

10 and eligible entity receiving such loan or loan guar11 antee shall be creditworthy, which shall be deter12 mined by the Under Secretary. 

13 (2) CONSIDERATIONS.—In determining the 

14 creditworthiness of a manufacturing investment 

15 company or an eligible activity and eligible entity, 

16 the Under Secretary shall take into consideration 

17 relevant factors, including the following: 

18 (A) The terms, conditions, financial struc19 ture, and security features of the proposed fi20 nancing. 

21 (B) The revenue sources that will secure or 

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

23 obligation issued in connection with the Federal 

24 financing. 


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1 (C) The financial assumptions upon which 

2 the loan or loan guarantee is based. 

3 (D) The ability of— 

4 (i) the manufacturing investment 

5 company to provide a source of equity cap6 ital for eligible entities; or 

7 (ii) the eligible entity to successfully 

8 achieve the goal of the activity. 

9 (E) The financial soundness and credit his10 tory of the manufacturing investment company 

11 or eligible entity. 

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

13 to prescribe— 

14 (1) either specifically or by maximum limits or 

15 otherwise, rates of interest, guarantee and commit16 ment fees, and other charges which may be made in 

17 connection with a loan or loan guarantee made 

18 under this section; 

19 (2) regulations governing the forms and proce20 dures (which shall be uniform to the extent prac21 ticable) to be used in connection with such loans and 

22 loan guarantees; and 

23 (3) language in any contract or agreement gov24 erning financial assistance that the eligible entity 

25 agrees to coordinate with the Under Secretary to, 


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1 without yielding operational control, assist the 

2 United States in preparing for and responding to a 

3 covered emergency, including through the manufac4 ture of critical goods, as necessary. 

5 (m) SELECTION OF RECIPIENT.— 

6 (1) DIVERSITY IN RECIPIENTS.—To the extent 

7 practicable, the Under Secretary shall ensure that 

8 loans and loan guarantees are awarded in a manner 

9 that will serve the greatest needs for the most di10 verse array of critical industries. 

11 (2) PRIORITY.—In awarding loans and loan 

12 guarantees under this subsection, the Under Sec13 retary shall prioritize proposed activities that— 

14 (A) will operate within the United States 

15 and employ citizens of the United States; and 

16 (B) will result in the production of critical 

17 goods that relate to the strategic needs of the 

18 Federal Government in preparing for and re19 sponding to covered emergencies and supply 

20 chain shocks. 

21 (n) PERFORMANCE MEASURES.—For loans and loan 

22 guarantees awarded under this section, the Under Sec23 retary shall— 


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1 (1) develop metrics to assess the extent to 

2 which the activities meet the criteria under sub3 section (h); 

4 (2) evaluate the extent to which each eligible 

5 entity awarded a loan or loan guarantee is meeting 

6 the criteria under subsection (h); and 

7 (3) require that any information the Under Sec8 retary determines to be necessary for the evaluation 

9 described under paragraph (2) be provided by eligi10 ble entities receiving a loan or loan guarantee. 

11 (o) REVOCATION.—The Under Secretary may revoke 

12 a loan or loan guarantee if the eligible entity fails to meet 

13 any requirement under this section. 

14 (p) CONSTRUCTION PROJECTS.—Section 602 of the 

15 Public Works and Economic Development Act of 1965 (42 

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

17 receives financial assistance from the Secretary under this 

18 section. 

19 (q) CRITICAL SUPPLY CHAIN RESILIENCE FUND.— 

20 (1) ESTABLISHMENT.—There is established in 

21 the Treasury of the United States a fund to be 

22 known as the ‘‘Supply Chains for Critical Manufac23 turing Industries Fund’’ (referred to in this section 

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

25 Under Secretary to carry out this section. 


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

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

3 shall be deposited into the Fund. 

4 (r) PROGRAM EVALUATION.—Not later than 4 years 

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

6 thereafter, the Inspector General of the Department of 

7 Commerce shall conduct an audit of the Office of Supply 

8 Chain Resiliency and Crisis Response to— 

9 (1) evaluate the performance of the activities 

10 supported by a loan or loan guarantee under this 

11 section; 

12 (2) evaluate the extent to which the require13 ments and criteria under this section are met; and 

14 (3) provide recommendations on any proposed 

15 changes to improve the effectiveness of the Office on 

16 meeting the mission under subsection (b). 

17 (s) REGULATIONS.—The Under Secretary may pro18 mulgate such regulations as the Under Secretary deter19 mines to be appropriate to carry out this section. 

20 (t) AUTHORIZATION OF APPROPRIATIONS.—There is 

21 authorized to be appropriated— 

22 (1) to the Fund $35,000,000,000 for fiscal 

23 years 2024 through 2028, to remain available until 

24 expended, of which not more than— 


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

2 loans and loan guarantees to eligible entities; 

3 (B) $4,000,000,000 may be used for loans 

4 and loan guarantees to manufacturing invest5 ment companies and eligible entities; and 

6 (C) not more than 2 percent per fiscal year 

7 may be used for administrative costs; and 

8 (2) to the Inspector General of the Department 

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

10 through 2028, to remain available until expended, to 

11 carry out subsection (r). 

12 (u) CONSISTENCY WITH INTERNATIONAL AGREE13 MENTS.—This Act shall be applied in a manner consistent 

14 with United States obligations under international agree15 ments. 

16 (v) LIMITATION.—None of the funds made available 

17 to carry out this Act may be used to support manufac18 turing in a country of concern. 

19 (w) DEFINITIONS.—In this section: 

20 (1) ALLY OR KEY INTERNATIONAL PARTNER.— 

21 (A) IN GENERAL.—The term ‘‘ally or key 

22 international partner’’ means a country des23 ignated by the Under Secretary, after consulta24 tion with other relevant Federal agencies, 

25 and— 


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1 (i) is— 

2 (I) a member state of North At3 lantic Treaty Organization (NATO); 

4 (II) a country designated as 

5 major non-NATO ally pursuant to 

6 section 517(a) of the Foreign Assist7 ance Act of 1961 (22 U.S.C. 

8 2321k(a)); or 

9 (III) a country that is located in 

10 the Western Hemisphere and included 

11 on the list of countries described in 

12 subparagraph (B); and 

13 (ii) is not a country of concern. 

14 (B) LIST OF COUNTRIES DESCRIBED.— 

15 The list of countries described in subparagraph 

16 (A) are the following: Anguilla, Antigua and 

17 Barbuda, Argentina, Aruba, The Bahamas, 

18 Barbados, Belize, Bermuda, Bolivia, Brazil, 

19 The British Virgin Islands, Canada, Chile, Co20 lombia, Costa Rica, Dominica, Dominican Re21 public, Ecuador, El Salvador, Grenada, Guate22 mala, Guyana, Haiti, Honduras, Jamaica, Mex23 ico, Montserrat, Netherlands Antilles, Panama, 

24 Paraguay, Peru, Saint Kitts and Nevis, Saint 

25 Lucia, Saint Vincent and the Grenadines, 


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1 Suriname, Trinidad and Tobago, Turks and 

2 Caicos Islands, Uruguay, and the sovereign gov3 ernment recognized by the United States in 

4 Venezuela. 

5 (2) CONCENTRATED.—With respect to a supply 

6 chain, the term ‘‘concentrated’’ means— 

7 (A) a supply chain— 

8 (i) that is under a level of control or 

9 influence by the government of a country 

10 of concern that presents an unreasonable 

11 risk to national security or economic secu12 rity; 

13 (ii) that is subject to undue manipula14 tion by the government of a country of 

15 concern; or 

16 (iii) for which 30 percent of the pro17 duction of such critical good occurs in a 

18 single foreign country; or 

19 (B) a supply chain for a critical good for 

20 which more than 50 percent of the supply of 

21 such good in the United States is imported. 

22 (3) COUNTRY OF CONCERN.—The term ‘‘coun23 try of concern’’ means a country— 

24 (A) in which a concentrated supply chain 

25 for a critical good is located; 


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1 (B) that poses a significant national secu2 rity or economic security threat to the United 

3 States; and 

4 (C) whose government, or elements of such 

5 government, has proven, or has been credibly 

6 alleged to have, committed crimes against hu7 manity or genocide. 

8 (4) COVERED EMERGENCY.—The term ‘‘covered 

9 emergency’’ means any of the following: 

10 (A) A public health emergency declared by 

11 the Secretary of Health and Human Services 

12 pursuant to section 319 of the Public Health 

13 Service Act (42 U.S.C. 247d). 

14 (B) An event for which the President de15 clares a major disaster or an emergency under 

16 section 401 or 501, respectively, of the Robert 

17 T. Stafford Disaster Relief and Emergency As18 sistance Act (42 U.S.C. 5170 and 5191). 

19 (C) A national emergency declared by the 

20 President under the National Emergencies Act 

21 (50 U.S.C. 1601 et seq.). 

22 (5) CRITICAL GOOD.—The term ‘‘critical good’’ 

23 means any raw, in process, or manufactured mate24 rial (including any mineral, metal, or advanced proc25 essed material), article, commodity, supply, product, 


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•HR 774 IH

1 or item of supply that the absence of which would 

2 have a significant effect on— 

3 (A) the national security or economic secu4 rity of the United States; and 

5 (B) critical infrastructure. 

6 (6) CRITICAL INDUSTRY.—The term ‘‘critical 

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

8 national security or economic security of the United 

9 States, considering key technology focus areas under 

10 this Act and critical infrastructure. 

11 (7) CRITICAL INFRASTRUCTURE.—The term 

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

13 that term in the Critical Infrastructures Protection 

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

15 (8) DOMESTIC ENTERPRISE.—The term ‘‘do16 mestic enterprise’’ means an enterprise that con17 ducts business in the United States and procures a 

18 critical good. 

19 (9) DOMESTIC MANUFACTURER.—The term 

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

21 (A) conducts in the United States the re22 search and development, engineering, or pro23 duction activities necessary or incidental to 

24 manufacturing; or 


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1 (B) if provided a loan, loan guarantee, or 

2 equity investment pursuant to this section, will 

3 conduct in the United States the research and 

4 development, engineering, or production activi5 ties necessary or incidental to manufacturing. 

6 (10) INDUSTRIAL EQUIPMENT.—The term ‘‘in7 dustrial equipment’’ means any component, sub8 system, system, equipment, tooling, accessory, part, 

9 or assembly necessary for the manufacturing of a 

10 critical good. 

11 (11) INSTITUTION OF HIGHER EDUCATION.— 

12 The term ‘‘institution of higher education’’ has the 

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

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

15 (12) KEY TECHNOLOGY FOCUS AREAS.—The 

16 term ‘‘key technology focus areas’’ means— 

17 (A) artificial intelligence, machine learning, 

18 autonomy, and related advances; 

19 (B) high-performance computing, semi20 conductors, and advanced computer hardware 

21 and software; 

22 (C) quantum information science and tech23 nology; 

24 (D) robotics, automation, and advanced 

25 manufacturing; 


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•HR 774 IH

1 (E) natural and anthropogenic disaster 

2 prevention or mitigation; 

3 (F) advanced communications technology, 

4 including optical transmission components; 

5 (G) biotechnology, medical technology, 

6 genomics, and synthetic biology; 

7 (H) data storage, data management, dis8 tributed ledger technologies, and cybersecurity, 

9 including biometrics; 

10 (I) advanced energy and industrial efficacy 

11 technologies, such as batteries, advanced nu12 clear technologies, and polysilicon for use in 

13 solar photovoltaics, including but not limited to 

14 for the purposes of electric generation (con15 sistent with section 15 of the National Sciences 

16 Foundation Act of 1950 (42 U.S.C. 1874)); 

17 and 

18 (J) advanced materials science, including 

19 composites and 2D materials and equipment, 

20 aerospace grade metals, and aerospace specific 

21 manufacturing enabling chemicals. 

22 (13) LENDER.—The term ‘‘lender’’ means any 

23 non-Federal qualified institutional buyer (as defined 

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

25 Regulations or a successor regulation). 


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•HR 774 IH

1 (14) LOAN.—The term ‘‘loan’’ means a direct 

2 loan or other debt obligation issued by an eligible en3 tity and funded by the Under Secretary in connec4 tion with the financing of an activity under this sec5 tion. 

6 (15) LOAN GUARANTEE.—The term ‘‘loan guar7 antee’’ means any guarantee or other pledge by the 

8 Under Secretary to pay all or part of the principal 

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

10 entered into by an eligible entity and funded by a 

11 lender. 

12 (16) MANUFACTURE.—The term ‘‘manufac13 ture’’ means any activity that is necessary for or in14 cidental to the development, production, processing, 

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

16 manufactured material (including minerals, metals, 

17 and advanced processed materials), article, com18 modity, supply, product, critical good, or item of 

19 supply. 

20 (17) MANUFACTURING FACILITY.—The term 

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

22 structure, or real property necessary or incidental to 

23 the manufacturing of a critical good. 

24 (18) MANUFACTURING INVESTMENT COM25 PANY.—The term ‘‘manufacturing investment comVerDate Sep 11 2014 04:12 Mar 01, 2023 Jkt 039200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H774.IH H774

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1 pany’’ means an incorporated body, a limited liabil2 ity company, or a limited partnership, including a 

3 consortium of public and private entities, organized 

4 and chartered or otherwise existing under State law. 

5 (19) MANUFACTURING TECHNOLOGY.—The 

6 term ‘‘manufacturing technology’’ means tech7 nologies that are necessary or incidental to the man8 ufacturing of a critical good. 

9 (20) NONPROFIT ORGANIZATION.—The term 

10 ‘‘nonprofit organization’’ means an organization that 

11 is described in section 501(c)(3) of the Internal Rev12 enue Code of 1986 and exempt from taxation under 

13 section 501(a) of such Code. 

14 (21) OFFICE.—The term ‘‘Office’’ means the 

15 Supply Chain Resiliency and Crisis Response Office 

16 established under subsection (a). 

17 (22) STATE.—The term ‘‘State’’ means each 

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

19 American Samoa, Guam, the Commonwealth of the 

20 Northern Mariana Islands, the Commonwealth of 

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

22 and any other territory or possession of the United 

23 States. 

24 (23) SUPPLY CHAIN.—The term ‘‘supply chain’’ 

25 means a supply chain for a critical good. 


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1 (24) SUPPLY CHAIN SHOCK.—The term ‘‘supply 

2 chain shock’’ includes the following: 

3 (A) A natural disaster or extreme weather 

4 event. 

5 (B) An accidental or human-caused event. 

6 (C) An economic disruption. 

7 (D) A pandemic. 

8 (E) A biological threat. 

9 (F) A cyberattack. 

10 (G) A great power conflict. 

11 (H) A terrorist or geopolitical attack. 

12 (I) Any other supply chain disruption or 

13 threat that affects the national security or eco14 nomic security of the United States. 

15 (25) TRIBAL GOVERNMENT.—The term ‘‘tribal 

16 government’’ means Indian Tribes, Alaska Native 

17 Tribal entities, and Native Hawaiian communities. 

18 (26) UNDER SECRETARY.—The term ‘‘Under 

19 Secretary’’ means the Under Secretary of the Office 

20 of Supply Chain Resiliency and Crisis Response ap21 pointed pursuant to subsection (c). 

Æ 


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