II 

118TH CONGRESS 

1ST SESSION S. 3425 

To authorize the Secretary of Commerce to establish a Resilient Communities 

Program to provide communities impacted by trade with grants for 

economic development, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 6, 2023 

Ms. BALDWIN (for herself and Mr. CASSIDY) introduced the following bill; 

which was read twice and referred to the Committee on Environment and 

Public Works 

A BILL 

To authorize the Secretary of Commerce to establish a Resilient Communities Program to provide communities impacted by trade with grants for economic development, 

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 ‘‘Resilient Communities 

5 Act of 2023’’. 

6 SEC. 2. RESILIENT COMMUNITIES PROGRAM. 

7 (a) AWARD OF GRANTS.—The Secretary of Com8 merce shall establish a program to be known as the ResilVerDate Sep 11 2014 19:18 Dec 15, 2023 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3425.IS S3425
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1 ient Communities Program under which the Secretary 

2 may award grants to eligible recipients representing af3 fected communities— 

4 (1) to encourage the continued production of 

5 certain goods in those communities, including the 

6 employment of individuals involved in the production 

7 of those goods; or 

8 (2) for the conduct of economic development in 

9 those communities. 

10 (b) USES OF FUNDS.— 

11 (1) SUBSEQUENT GRANTS.—An eligible recipi12 ent awarded a grant under subsection (a) may use 

13 the amount of the grant to award subsequent grants 

14 to covered domestic producers in affected commu15 nities. 

16 (2) PRIORITY.—An eligible recipient in an af17 fected community shall prioritize the award of subse18 quent grants under paragraph (1) to covered domes19 tic producers that are determined by the eligible re20 cipient to be most likely to increase production and 

21 employment at a facility of the covered domestic pro22 ducer located within the affected community as a re23 sult of the grant provided. 

24 (3) ECONOMIC DEVELOPMENT.—If there is no 

25 covered domestic producer in an affected community, 

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1 an eligible recipient representing that community 

2 that is in receipt of a grant under subsection (a) 

3 shall use the amounts awarded under that grant for 

4 economic development within that community. 

5 (c) RESILIENT COMMUNITIES FUND.— 

6 (1) ESTABLISHMENT.—There is established in 

7 the Treasury of the United States a trust fund (to 

8 be known as the ‘‘Resilient Communities Fund’’), 

9 consisting of— 

10 (A) amounts transferred to the trust fund 

11 under paragraph (2); and 

12 (B) any amounts that may be credited to 

13 the trust fund under paragraph (3). 

14 (2) TRANSFER OF AMOUNTS.— 

15 (A) IN GENERAL.—The Secretary of the 

16 Treasury shall transfer to the trust fund estab17 lished under paragraph (1), from the general 

18 fund of the Treasury, for fiscal year 2024 and 

19 each fiscal year thereafter, an amount equiva20 lent to the amount received into the general 

21 fund during that fiscal year and attributable to 

22 duties collected pursuant to an antidumping or 

23 countervailing duty order under title VII of the 

24 Tariff Act of 1930 (19 U.S.C. 1671 et seq.). 

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1 (B) FREQUENCY OF TRANSFERS.—The 

2 Secretary of the Treasury shall transfer 

3 amounts required by subparagraph (A) to be 

4 transferred to the trust fund established under 

5 paragraph (1) not less frequently than quar6 terly. 

7 (3) INVESTMENT OF AMOUNTS.— 

8 (A) INVESTMENT OF AMOUNTS.—The Sec9 retary of the Treasury shall invest such portion 

10 of the trust fund established under paragraph 

11 (1) as is not required to meet current with12 drawals in interest-bearing obligations of the 

13 United States or in obligations guaranteed as to 

14 both principal and interest by the United 

15 States. 

16 (B) INTEREST AND PROCEEDS.—The in17 terest on, and the proceeds from the sale or re18 demption of, any obligations held in the trust 

19 fund established under paragraph (1) shall be 

20 credited to and form a part of the trust fund. 

21 (4) AVAILABILITY OF AMOUNTS IN TRUST

22 FUND.—Amounts in the trust fund established 

23 under paragraph (1) shall be available to the Sec24 retary of Commerce, as provided in advance in an 

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1 appropriations Act, to award grants to eligible re2 cipients under subsection (a). 

3 (d) DEFINITIONS.—In this section: 

4 (1) AFFECTED COMMUNITY.—The term ‘‘af5 fected community’’ means an area in which a domes6 tic producer or worker located in that area has expe7 rienced an injury from trade. 

8 (2) COVERED DOMESTIC PRODUCER.—The term 

9 ‘‘covered domestic producer’’ means a domestic pro10 ducer who can provide recent evidence of any of the 

11 following: 

12 (A) A significant idling of production fa13 cilities, plant closings, or underutilization of 

14 productive capacity of the producer. 

15 (B) The inability of the producer to carry 

16 out production operations in the United States 

17 at a reasonable level of profit. 

18 (C) A decline in sales or market share, 

19 higher or growing inventory, or a downward 

20 trend in production, profits, wages, produc21 tivity, or employment of the producer. 

22 (D) Difficulty of the producer in gener23 ating adequate capital to finance the mod24 ernization of plants, property, or equipment in 

25 the United States. 

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1 (E) The inability of the producer to main2 tain existing levels for research and develop3 ment. 

4 (3) DOMESTIC PRODUCER.—The term ‘‘domes5 tic producer’’ means a United States person that 

6 produces a good within the United States. 

7 (4) ECONOMIC DEVELOPMENT.—The term 

8 ‘‘economic development’’ means— 

9 (A) improving workforce development; 

10 (B) building public infrastructure; 

11 (C) improving access to health care, social 

12 services, healthy food, or education; 

13 (D) complying with environmental stand14 ards set forth by the Federal Government; 

15 (E) building affordable housing; or 

16 (F) expanding access to broadband. 

17 (5) ELIGIBLE RECIPIENT.—The term ‘‘eligible 

18 recipient’’ means a political subdivision of a State in 

19 which an affected community is located. 

20 (6) INJURY FROM TRADE.—The term ‘‘injury 

21 from trade’’ means— 

22 (A) an injury that has been determined to 

23 have occurred by the United States Inter24 national Trade Commission— 

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1 (i) in the course of an investigation by 

2 the Commission into dumping or subsidiza3 tion under section 701 or 731 of the Tariff 

4 Act of 1930 (19 U.S.C. 1671 and 1673); 

5 or 

6 (ii) under section 202(b) of the Trade 

7 Act of 1974 (19 U.S.C. 2252(b)); 

8 (B) with respect to a domestic producer or 

9 a worker at a workplace of that producer, the 

10 Secretary of Commerce determines that— 

11 (i) a significant number or proportion 

12 of the workers at that workplace have be13 come totally or partially separated, or are 

14 threatened to become totally or partially 

15 separated; and 

16 (ii)(I)(aa) the sales or production, or 

17 both, of that producer have decreased ab18 solutely at that workplace; 

19 (bb)(AA) imports of articles or serv20 ices like or directly competitive with arti21 cles produced or services supplied by that 

22 producer at that workplace have increased; 

23 (BB) imports of articles like or di24 rectly competitive with articles into which 

25 one or more component parts produced by 

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1 that producer at that workplace are incor2 porated have increased; 

3 (CC) imports of articles like or di4 rectly competitive with articles that are 

5 produced using services supplied by that 

6 producer at that workplace have increased; 

7 or 

8 (DD) imports of articles incorporating 

9 one or more component parts produced 

10 outside the United States that are like or 

11 directly competitive with imports of articles 

12 incorporating one or more component parts 

13 produced by that producer at that work14 place have increased; and 

15 (cc) the increase in imports described 

16 in item (bb) contributed importantly to the 

17 separation or threat of separation by work18 ers at that workplace and to the decline in 

19 the sales or production of that producer at 

20 that workplace; or 

21 (II)(aa)(AA) there has been a shift by 

22 that producer to a foreign country in the 

23 production of articles or the supply of serv24 ices like or directly competitive with arti25 cles that are produced or services that are 

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1 supplied by that producer at that work2 place; or 

3 (BB) that producer has acquired from 

4 a foreign country articles or services that 

5 are like or directly competitive with articles 

6 that are produced or services that are sup7 plied by that producer at that workplace; 

8 and 

9 (bb) the shift described in item 

10 (aa)(AA) or the acquisition of articles or 

11 services described in item (aa)(BB) con12 tributed importantly to the separation or 

13 threat of separation by workers at that 

14 workplace; or 

15 (C) any other trade-related injury to a do16 mestic producer or worker as determined by the 

17 Secretary of Commerce. 

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