I 
117TH CONGRESS 
2D SESSION 
H. R. 6478 
To establish the Office of Supply Chain Resiliency within the Department 
of Commerce to provide expansion support to companies and supply 
chains in the United States that are vulnerable to shortages and price 
increases, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 25, 2022 
Mrs. AXNE (for herself, Mr. SCHNEIDER, and Mr. KRISHNAMOORTHI) intro-
duced the following bill; which was referred to the Committee on Energy 
and Commerce 
A BILL 
To establish the Office of Supply Chain Resiliency within 
the Department of Commerce to provide expansion sup-
port to companies and supply chains in the United States 
that are vulnerable to shortages and price increases, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Supply Chain Resil-
iency Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
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(1) ASSISTANT SECRETARY.—The term ‘‘Assist-
ant Secretary’’ means the Assistant Secretary of 
Commerce for Supply Chain Resiliency. 
(2) CRITICAL
PRODUCT.—The term ‘‘critical 
product’’ means a product that is critical to the na-
tional security, economic security, or public health of 
the United States. 
(3) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’— 
(A) means a manufacturer that— 
(i) produces not less than one good at 
a facility in the United States; and 
(ii) is a small business concern; and 
(B) may include a manufacturer that is 
not a small business concern if the Secretary 
determines that providing expansion support to 
the manufacturer under section 4 would be in 
the public interest. 
(4) OFFICE.—The term ‘‘Office’’ means the Of-
fice of Supply Chain Resiliency. 
(5) PROGRAM.—The term ‘‘Program’’ means 
the Supply Chain Monitoring and Resiliency Pro-
gram established under section 4(a). 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Commerce. 
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(7) SMALL
BUSINESS
CONCERN.—The term 
‘‘small business concern’’ has the meaning given the 
term in section 3 of the Small Business Act (15 
U.S.C. 632). 
SEC. 3. OFFICE OF SUPPLY CHAIN RESILIENCY. 
(a) ESTABLISHMENT.—The Secretary shall establish 
within the Department of Commerce the Office of Supply 
Chain Resiliency. 
(b) ASSISTANT SECRETARY.—The Office shall be 
headed by the Assistant Secretary of Commerce for Sup-
ply Chain Resiliency, who shall be appointed by the Sec-
retary. 
(c) RESPONSIBILITIES
OF
THE ASSISTANT SEC-
RETARY.—The Assistant Secretary shall— 
(1) administer the Supply Chain Monitoring 
and Resiliency Program; 
(2) hire each employee of the Office; and 
(3) issue regulations necessary to carry out this 
Act. 
SEC. 4. SUPPLY CHAIN MONITORING AND RESILIENCY PRO-
GRAM. 
(a) ESTABLISHMENT.—The Assistant Secretary shall 
establish within the Office the Supply Chain Resiliency 
Program. 
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(b) OBJECTIVES.—The objectives of the Program 
shall be to— 
(1) monitor and research interstate commerce 
and supply chains in the United States to identify 
vulnerabilities in supply chains that— 
(A) produce products that are critical to 
the national security, economic security, and 
public health of the United States; and 
(B) produce products in emerging tech-
nologies; and 
(2) improve the supply in the United States of 
critical products in supply chains identified under 
paragraph (1) by providing expansion support to eli-
gible entities. 
(c) SUPPLY CHAIN RESEARCH.— 
(1) IN GENERAL.—Under the Program, the As-
sistant Secretary shall conduct research and analysis 
to identify supply chains that are— 
(A) experiencing supply shortages; or 
(B) vulnerable to experiencing supply 
shortages. 
(2) SUPPLY CHAIN VULNERABILITIES.—For the 
purpose of paragraph (1), a supply chain that is ex-
periencing a supply shortage or vulnerable to experi-
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encing a supply shortage shall include a supply chain 
within which there is— 
(A) a critical product— 
(i) of which there is a supply shortage 
or price spike due to a limited supply of 
the critical product; or 
(ii) that is in danger of experiencing 
a supply shortage or price spike due to a 
limited supply of the product; 
(B) a manufacturer in the United States 
that is the sole supplier, or that is in danger of 
becoming the sole supplier, in the supply chain 
of a critical product; 
(C) a manufacturer in the United States of 
a critical product that cannot make investments 
in property, a plant, and equipment necessary 
to expand the production of the critical product 
due to a lack of access to low-cost, long-term 
capital; 
(D) a manufacturer in the United States 
that has reduced output of a critical product 
because— 
(i) the necessary inputs to manufac-
ture the critical product are unavailable 
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due to a supply shortage or transportation 
disruption; 
(ii) the cost of necessary inputs to 
manufacture the critical product have in-
creased because of a supply shortage; or 
(iii) the critical product cannot be de-
livered due to a transportation disruption; 
and 
(E) any other supply chain disruption 
identified by the Assistant Secretary that re-
sults in, or could result in, increased prices and 
supply shortages for a critical product. 
(3) METHODS.—In conducting the research and 
analysis required under paragraph (1), the Assistant 
Secretary may— 
(A) conduct surveys of industry; 
(B) analyze market data, including con-
sumer price indices and the components of 
those indices; and 
(C) convene meetings with manufacturers, 
suppliers, consumers, retailers, labor organiza-
tions, and other constituents of supply chains in 
the United States. 
(4) SUPPLY SHOCK STRESS TESTS.—The As-
sistant Secretary may conduct stress tests to simu-
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late the impact of hypothetical supply chain shocks 
on— 
(A) supply chains for critical products in 
the United States; and 
(B) manufacturers in the United States 
that comprise the supply chains described in 
subparagraph (A) by— 
(i) producing critical products; 
(ii) supplying inputs to critical prod-
ucts; or 
(iii) buying critical products as an 
input for the manufactured goods of the 
manufacturer. 
(5) ELIGIBILITY FOR EXPANSION SUPPORT.—In 
identifying entities that may be eligible to receive ex-
pansion support under subsection (d)(1), the Assist-
ant Secretary— 
(A) shall use data gathered from the re-
search conducted under paragraph (1); and 
(B) may use results of the stress tests con-
ducted under paragraph (4). 
(d) SUPPLY CHAIN RESILIENCY EXPANSION SUP-
PORT.— 
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(1) IN GENERAL.—Under the Program, the As-
sistant Secretary shall provide expansion support to 
eligible entities in the form of— 
(A) loans; 
(B) loan guaranties on private markets; 
and 
(C) grants. 
(2) USE OF EXPANSION SUPPORT.—An eligible 
entity that receives expansion support under para-
graph (1) shall use the expansion support to expand 
production of a product that is part of a supply 
chain identified under subsection (c)(1). 
(3) TERMS
AND
CONDITIONS
OF
EXPANSION 
SUPPORT.— 
(A) IN GENERAL.—An eligible entity that 
receives expansion support under paragraph (1) 
shall agree to— 
(i) maintain production of a critical 
product in the United States; 
(ii) comply with the labor standards 
required under subparagraph (B); and 
(iii) any other terms or conditions the 
Assistant Secretary may require in order 
to achieve the objectives of the Program. 
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(B) 
LABOR-MANAGEMENT
COOPERA-
TION.— 
(i) IN
GENERAL.—Notwithstanding 
any other provision of law, including the 
National Labor Relations Act (29 U.S.C. 
151 et seq.), this subparagraph shall apply 
with respect to any recipient of funding 
under this section who is an employer and 
any labor organization who represents or 
seeks to represent any employees or only 
those employees who perform or will per-
form work funded under this section. 
(ii) RECOGNITION.—Any employer re-
ceiving funds under this section shall rec-
ognize for purposes of collective bargaining 
a labor organization that demonstrates 
that a majority of the employees in a unit 
appropriate for such purposes and who 
perform or will perform work funded under 
this section have signed valid authoriza-
tions designating the labor organization as 
their collective bargaining representative 
and that no other labor organization is cer-
tified or recognized pursuant to section 9 
of the National Labor Relations Act (29 
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U.S.C. 159) as the exclusive representative 
of any of the employees in the unit who 
perform or will perform such work. Upon 
such showing of majority status, the em-
ployer shall notify the labor organization 
and the National Labor Relations Board 
that the employer— 
(I) has determined that the labor 
organization represents a majority of 
the employees in such unit who per-
form or will perform such work; and 
(II) is recognizing the labor orga-
nization as the exclusive representa-
tive of the employees in such unit who 
perform or will perform such work for 
the purposes of collective bargaining 
pursuant to that section. 
(iii) DISPUTE RESOLUTION AND UNIT 
CERTIFICATION.—If a dispute over major-
ity status or the appropriateness of the 
unit described in clause (ii) arise between 
the employer and the labor organization, 
either party may request that the National 
Labor Relations Board investigate and re-
solve the dispute. If the Board finds that 
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a majority of the employees in a unit ap-
propriate for purposes of collective bar-
gaining who perform or will perform work 
funded under this section has signed valid 
authorizations designating the labor orga-
nization as their representative for such 
purposes and that no other individual or 
labor organization is certified or recognized 
as the exclusive representative of any of 
the employees in the unit who perform or 
will perform such work for such purposes, 
the Board shall not direct an election but 
shall certify the labor organization as the 
representative described in section 9(a) of 
the National Labor Relations Act (29 
U.S.C. 159(a)). 
(iv) MEETINGS AND COLLECTIVE BAR-
GAINING AGREEMENTS.—Not later than 10 
days after an employer receiving funding 
under this section receives a written re-
quest for collective bargaining from a rec-
ognized or certified labor organization rep-
resenting employees who perform or will 
perform work funded under this section, or 
within such period as the parties agree 
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upon, the labor organization and employer 
shall meet and commence to bargain collec-
tively and shall make every reasonable ef-
fort to conclude and sign a collective bar-
gaining agreement. 
(v) MEDIATION AND CONCILIATION.— 
If, after the expiration of the 90-day pe-
riod beginning on the date on which collec-
tive bargaining is commenced under clause 
(iv), or such additional period as the par-
ties may agree upon, the parties have 
failed to reach an agreement, either party 
may notify the Federal Mediation and 
Conciliation Service (referred to in this 
subparagraph as the ‘‘Service’’) of the ex-
istence of a dispute and request mediation. 
Whenever such a request is received, it 
shall be the duty of the Service promptly 
to put itself in communication with the 
parties and to use its best efforts, by medi-
ation and conciliation, to bring them to 
agreement. 
(vi) TRIPARTITE ARBITRATION.— 
(I) IN
GENERAL.—If, after the 
expiration of the 30-day period begin-
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ning on the date on which the request 
for mediation is made under clause 
(v), or such additional period as the 
parties may agree upon, the Service is 
not able to bring the parties to agree-
ment by mediation and conciliation, 
the Service shall refer the dispute to 
a tripartite arbitration panel estab-
lished in accordance with such regula-
tions as may be prescribed by the 
Service. 
(II) MEMBERS.—A tripartite ar-
bitration panel established under this 
clause with respect to a dispute shall 
be composed of 1 member selected by 
the labor organization, 1 member se-
lected by the employer, and 1 neutral 
member mutually agreed to by the 
labor organization and the employer. 
Each such member shall be selected 
not later than 14 days after the expi-
ration of the 30-day period described 
in subclause (I) with respect to such 
dispute. Any member not so selected 
by the date that is 14 days after the 
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expiration of such period shall be se-
lected by the Service. 
(III) DECISIONS.—A majority of 
a tripartite arbitration panel estab-
lished under this clause with respect 
to a dispute shall render a decision 
settling the dispute as soon as prac-
ticable, and (absent extraordinary cir-
cumstances or by agreement or per-
mission of the parties) not later than 
120 days after the establishment of 
such panel. Such a decision shall be 
binding upon the parties for a period 
of 2 years, unless amended during 
such period by written consent of the 
parties. Such decision shall be based 
on— 
(aa) the financial status and 
prospects of the employer; 
(bb) the size and type of the 
operations and business of the 
employer; 
(cc) the cost of living of the 
employees; 
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(dd) the ability of the em-
ployees to sustain themselves, 
their families, and their depend-
ents on the wages and benefits 
they earn from the employer; and 
(ee) the wages and benefits 
other employers in the same busi-
ness provide their employees. 
(vii) 
CONTRACTORS
AND
SUB-
CONTRACTORS.—Any employer receiving 
funds under this section to procure goods 
or services shall require a contractor or 
subcontractor, whose employees perform or 
will perform work funded under this sec-
tion, that contracts or subcontracts with 
the employer to comply with the require-
ments set forth in clauses (i) through (vi). 
(viii) DEFINITIONS.—In this subpara-
graph, the terms ‘‘employee’’, ‘‘employer’’, 
and ‘‘labor organization’’ have the mean-
ings given the terms in section 2 of the 
National Labor Relations Act (29 U.S.C. 
152). 
(C) LIMITATION
OF
FUNDS.—Funds ap-
propriated to carry out this Act shall not be 
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used to assist, promote, or deter organizing of 
labor organizations. 
(e) SUPPLY CHAIN RESILIENCY FUND.— 
(1) ESTABLISHMENT.—There is established a 
Supply Chain Resiliency Fund for the purpose of 
funding loans, loan guaranties, and grants under the 
Program. 
(2) FINANCIAL OPERATIONS OF THE SUPPLY 
CHAIN RESILIENCY FUND.— 
(A) IN
GENERAL.—The Assistant Sec-
retary shall use the funds in the Supply Chain 
Resiliency Fund to finance loans, loan guaran-
ties, and grants to eligible entities under the 
Program. 
(B) RESERVE RATIO.—The Assistant Sec-
retary shall not lend in excess of 10 times the 
capital in reserve in the Supply Chain Resil-
iency Fund. 
(C) INTEREST RATE.—The Assistant Sec-
retary shall establish interest rates for loans, 
loan guaranties, and other instruments as the 
Secretary considers appropriate, taking into ac-
count— 
(i) the objectives of the Program de-
scribed in section 3(b); and 
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(ii) the cost of capital experienced by 
foreign competitors to the beneficiaries of 
the support provided under this section. 
(f) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Assistant Sec-
retary $5,000,000,000 for each of fiscal years 2023 
through 2027 to carry out the Program, of which 
$4,000,000,000 shall be deposited into the Supply Chain 
Resiliency Fund established under subsection (e). 
Æ 
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