I 
117TH CONGRESS 
1ST SESSION H. R. 5495 
To establish the Supply Chain Resiliency and Crisis Response Office in 
the Department of Commerce, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 5, 2021 
Mr. MALINOWSKI (for himself, Mr. KINZINGER, and Ms. BLUNT ROCHESTER) 
introduced the following bill; which was referred to the Committee on En-
ergy and Commerce 
A BILL 
To establish the Supply Chain Resiliency and Crisis Response 
Office in the Department of Commerce, 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 ‘‘Building Resilient Sup-
ply Chains Act’’. 
SEC. 2. CRITICAL SUPPLY CHAIN RESILIENCE PROGRAM. 
(a) ESTABLISHMENT.—There is established in the 
Office of the Secretary of Commerce a Supply Chain Resil-
iency and Crisis Response Office to carry out the Critical 
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Supply Chain Resilience Program described in subsection 
(d). 
(b) MISSION.—The mission of the Office shall be the 
following: 
(1) Help to promote the leadership of the 
United States with respect to critical industries and 
supply chains that— 
(A) strengthen the national security of the 
United States; and 
(B) have a significant effect on the eco-
nomic security of the United States. 
(2) Encourage partnerships and collaboration 
with the Federal Government and the private sector, 
labor organizations, the governments of countries 
that are allies or key international partners of the 
United States, State governments and other political 
subdivisions of a State, and Tribal governments in 
order to— 
(A) promote the resilience of supply 
chains; and 
(B) respond to supply chain shocks to— 
(i) critical industries; and 
(ii) supply chains. 
(3) Support the development, maintenance, im-
provement, competitiveness, restoration, and expan-
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sion of the productive capacities, efficiency, and 
workforce of critical industries and domestic manu-
facturers of critical goods and services, industrial 
equipment, and manufacturing technology. 
(4) Prepare for and take appropriate steps to 
minimize the effects of supply chain shocks on crit-
ical industries and supply chains. 
(5) Support the creation of jobs with competi-
tive wages in the manufacturing sector. 
(6) Encourage manufacturing growth and op-
portunities in economically distressed areas and 
communities of color. 
(7) Promote the health of the economy of the 
United States and the competitiveness of manufac-
turing in the United States. 
(8) Coordinate executive branch actions nec-
essary to carry out the functions described in para-
graphs (1) through (7). 
(c) UNDER SECRETARY OF THE OFFICE.— 
(1) APPOINTMENT
AND
TERM.—The head of 
the Office shall be the Under Secretary of the Office 
of Supply Chain Resiliency and Crisis Response, ap-
pointed by the President, by and with the advice and 
consent of the Senate, for a term of not more than 
5 years. 
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(2) PAY.—The Under Secretary shall be com-
pensated at the rate in effect for level II of the Ex-
ecutive Schedule under section 5313 of title 5, 
United States Code. 
(3) 
ADMINISTRATIVE
AUTHORITIES.—The 
Under Secretary may appoint officers and employees 
in accordance with chapter 51 and subchapter III of 
chapter 53 of title 5, United States Code. 
(d) CRITICAL SUPPLY CHAIN RESILIENCE PRO-
GRAM.— 
(1) IN GENERAL.—The Under Secretary shall 
support the resilience, diversity, security, and 
strength of supply chains by providing grants, loans, 
and loan guarantees for eligible activities described 
under subsection (e) to eligible entities described 
under subsection (f). 
(2) APPLICATION.—To be eligible for a grant, 
loan, or loan guarantee under this section, an eligi-
ble entity described in subsection (f) shall submit to 
the Under Secretary an application at such time, in 
such form, and containing such information as the 
Under Secretary may require, including— 
(A) a description of the proposed activity 
to be carried out with such a grant, loan, or 
loan guarantee; 
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(B) a description of the supply chain sup-
ported by the proposed activity; and 
(C) an estimate of the total costs for such 
activity. 
(e) ELIGIBLE ACTIVITIES.—The following activities 
may be carried out with amounts made available under 
this section: 
(1) The development, diversification, preserva-
tion, improvement, support, restoration, or expan-
sion of supply chains and the domestic manufac-
turing of critical goods and services, industrial 
equipment, and manufacturing technology, including 
activities that support any of the following: 
(A) The domestic manufacturing of a crit-
ical good or service or industrial equipment. 
(B) The commercialization, adoption, de-
ployment, or use of manufacturing technology 
by domestic manufacturers. 
(C) The design, engineering, construction, 
expansion, improvement, repair, or maintenance 
of critical infrastructure or a manufacturing fa-
cility in the United States. 
(D) The purchase, lease, enhancement, or 
retooling of industrial equipment for use in the 
United States. 
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(E) The purchase, lease, or acquisition of 
critical goods and services, industrial equip-
ment, or manufacturing technology from reli-
able sources. 
(2) The manufacture or acquisition of a sub-
stitute for a critical good or service, industrial equip-
ment, or manufacturing technology. 
(3) The establishment, improvement, develop-
ment, expansion, or preservation of surge capacity or 
stockpiling of a critical good or service or industrial 
equipment, as appropriate and necessary. 
(4) The establishment, improvement, or preser-
vation of diverse, secure, reliable, and strong sources 
and locations of a critical good or service in the 
United States. 
(f) ELIGIBLE ENTITIES.—The following entities are 
eligible to receive grants, loans, and loan guarantees under 
this section: 
(1) A domestic manufacturer. 
(2) A domestic enterprise. 
(3) A State, county, city, or other political sub-
division of a State. 
(4) A Tribal government. 
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(5) A manufacturing extension center estab-
lished as part of the Hollings Manufacturing Exten-
sion Partnership. 
(6) A Manufacturing USA institute as de-
scribed in section 34(d) of the National Institute of 
Standards and Technology Act (15 U.S.C. 278s(d)). 
(7) An institution of higher education acting as 
part of a consortium, partnership, or joint venture 
with another eligible entity described in paragraphs 
(1) through (6). 
(8) A public or private nonprofit organization 
or association acting as part of a consortium, part-
nership, or joint venture with another eligible entity 
described in paragraphs (1) through (6). 
(9) A consortium, partnership, or joint venture 
of two or more eligible entities described under para-
graphs (1) through (8). 
(g) REQUIREMENTS.—The Under Secretary may only 
make a grant, loan, or loan guarantee available to an eligi-
ble entity if the Under Secretary makes a determination 
of the following: 
(1) The grant, loan, or loan guarantee is for an 
activity described under subsection (e). 
(2) Without a grant, loan, or loan guarantee 
the eligible entity would not be able to fund or fi-
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nance the activity under reasonable terms and condi-
tions. 
(3) A grant, loan, or loan guarantee is a cost 
effective, expedient, and practical financial assist-
ance for the activity. 
(4) There is a reasonable assurance that— 
(A) the eligible entity will implement the 
activity in accordance with the application sub-
mitted pursuant to paragraph (2) of subsection 
(d); and 
(B) the activity will support— 
(i) the resilience, diversity, security, or 
strength of a supply chain; or 
(ii) the national security or economic 
security of the United States. 
(5) The eligible entity agrees to provide the in-
formation required under paragraph (3) of sub-
section (m). 
(h) CRITERIA.—The Under Secretary shall establish 
criteria for the awarding of grants, loans, and loan guar-
antees that meet the requirements under subsection (g), 
including the following: 
(1) The extent to which the activity supports 
the resilience, diversity, security, and strength of 
supply chains. 
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(2) The extent to which the activity is funded 
or financed by non-Federal sources. 
(3) The extent to which the grant, loan, or loan 
guarantee will assist small and medium-sized domes-
tic manufacturers. 
(4) The amount of appropriations that are re-
quired to fund or finance the grant, loan, or loan 
guarantee made available under this section. 
(i) GRANT COST SHARE.— 
(1) IN GENERAL.—The Federal share of the 
cost of a grant awarded to an eligible entity under 
this section may not exceed 80 percent of the total 
cost of the activity. 
(2) WAIVER.—Upon providing written justifica-
tion for a determination made pursuant to this para-
graph, which may be submitted with a classified 
annex to the Committee on Energy and Commerce 
of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the 
Senate, the Under Secretary may waive the cost 
share requirement under paragraph (1)— 
(A) during a period of national emergency 
declared by an Act of Congress or the Presi-
dent; or 
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(B) upon making a determination that a 
grant is necessary to avert the disruption, 
strain, compromise, or elimination of a supply 
chain that would severely affect the national se-
curity or economic security of the United 
States. 
(3) MAXIMUM FEDERAL INVOLVEMENT.—Fed-
eral assistance other than a grant under this section 
may be used to satisfy the non-Federal share of the 
cost of the activity. 
(j) LOANS AND LOAN GUARANTEES.— 
(1) IN GENERAL.—The Under Secretary may 
enter into agreements with one or more eligible enti-
ties to make a loan, the proceeds of which shall be 
used to finance eligible activities. 
(2) MAXIMUM AMOUNT.—The amount of a loan 
under this section shall not exceed 80 percent of the 
reasonably anticipated costs of an activity. 
(3) WAIVER.—Upon providing written justifica-
tion for a determination made pursuant to this para-
graph, which may be submitted with a classified 
annex to the Committee on Energy and Commerce 
of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the 
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Senate, the Under Secretary may waive the require-
ment under paragraph (2)— 
(A) during a period of national emergency 
declared by an Act of Congress or the Presi-
dent; or 
(B) upon making a determination that a 
loan or loan guarantee is necessary to avert the 
disruption, strain, compromise, or elimination 
of a supply chain that would severely affect the 
economic security of the United States. 
(4) MAXIMUM
FEDERAL
INVOLVEMENT.—The 
proceeds of a loan under this section may be used 
to pay any non-Federal share of activity costs re-
quired if the loan is repayable from non-Federal 
funds. 
(5) LOAN GUARANTEES.—The Under Secretary 
may provide a loan guarantee to a lender in lieu of 
making a loan under this subsection. 
(6) LOAN GUARANTEE TERMS.—The terms of a 
loan guarantee provided under this subsection shall 
be consistent with the terms established in this sub-
section for a loan. 
(k) CREDITWORTHINESS.— 
(1) IN GENERAL.—For a loan or loan guar-
antee issued under subsection (j), the eligible activity 
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and eligible entity receiving such loan or loan guar-
antee shall be creditworthy, which shall be deter-
mined by the Under Secretary. 
(2) CONSIDERATIONS.—In determining the 
creditworthiness of an eligible activity and eligible 
entity, the Under Secretary shall take into consider-
ation relevant factors, including the following: 
(A) The terms, conditions, financial struc-
ture, and security features of the proposed fi-
nancing. 
(B) The revenue sources that will secure or 
fund any note, bond, debenture, or other debt 
obligation issued in connection with the Federal 
financing. 
(C) The financial assumptions upon which 
the loan or loan guarantee is based. 
(D) The ability of the eligible entity to suc-
cessfully achieve the goal of the activity. 
(E) The financial soundness and credit his-
tory of the eligible entity. 
(l) CONDITIONS.—The Under Secretary is authorized 
to prescribe— 
(1) either specifically or by maximum limits or 
otherwise, rates of interest, guarantee and commit-
ment fees, and other charges which may be made in 
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connection with a loan or loan guarantee made 
under this section; and 
(2) regulations governing the forms and proce-
dures (which shall be uniform to the extent prac-
ticable) to be used in connection with such loans and 
loan guarantees. 
(m) PERFORMANCE MEASURES.—For grants, loans, 
and loan guarantees awarded under this section, the 
Under Secretary shall— 
(1) develop metrics to assess the extent to 
which the activities meet the criteria under sub-
section (h); 
(2) evaluate the extent to which each eligible 
entity awarded a grant, loan, or loan guarantee is 
meeting the criteria under subsection (h); and 
(3) require that any information the Under Sec-
retary determines to be necessary for the evaluation 
described under paragraph (2) be provided by eligi-
ble entities awarded a grant, including subawardees. 
(n) REVOCATION.—The Under Secretary may revoke 
a grant, loan, or loan guarantee if the eligible entity fails 
to meet any requirement under this section. 
(o) CONSTRUCTION PROJECTS.—Section 602 of the 
Public Works and Economic Development Act of 1965 (42 
U.S.C. 3212) shall apply to a construction project that 
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receives financial assistance from the Under Secretary 
under this section. 
(p) CRITICAL SUPPLY CHAIN RESILIENCE FUND.— 
(1) ESTABLISHMENT.—There is established in 
the Treasury of the United States a fund to be 
known as the ‘‘Supply Chains for Critical Manufac-
turing Industries Fund’’ (referred to in this section 
as the ‘‘Fund’’) which shall solely be used by the 
Under Secretary to carry out this section. 
(2) REVOLVING LOAN FUND.—The proceeds of 
any conditions prescribed under subsection (l)(1) 
shall be deposited into the Fund. 
(q) PROGRAM EVALUATION.—Not later than 4 years 
after the date of enactment of this Act, and every 4 years 
thereafter, the Inspector General of the Department of 
Commerce shall conduct an audit of the Office to— 
(1) evaluate the performance of the activities 
supported by a grant, loan, or loan guarantee under 
this section; 
(2) evaluate the extent to which the require-
ments and criteria under this section are met; and 
(3) provide recommendations on any proposed 
changes to improve the effectiveness of the Office on 
meeting the mission under subsection (b). 
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(r) REGULATIONS.—The Under Secretary may pro-
mulgate such regulations as the Under Secretary deter-
mines to be appropriate to carry out this section. 
(s) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated— 
(1) to the Fund $41,000,000,000 for fiscal 
years 2022 through 2027, to remain available until 
expended, of which not more than— 
(A) $31,000,000,000 may be used for 
loans and loan guarantees to eligible entities; 
(B) $10,000,000,000 may be used for 
grants; and 
(C) 2 percent per fiscal year may be used 
for administrative costs; and 
(2) to the Inspector General of the Department 
of Commerce $5,000,000 for fiscal years 2022 
through 2027, to remain available until expended, to 
carry out subsection (q). 
(t) CONSISTENCY WITH INTERNATIONAL AGREE-
MENTS.—This Act shall be applied in a manner consistent 
with United States obligations under international agree-
ments. 
(u) WORKFORCE PROTECTIONS.—Any eligible entity 
applying for a grant, loan, or loan guarantee under this 
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section and with 100 or more employees shall make a 
good-faith certification that— 
(1) the eligible entity will not abrogate existing 
collective bargaining agreements for— 
(A) the term of the grant; or 
(B) the term of the loan or loan guarantee 
and 2 years after completing repayment of the 
loan; and 
(2) the eligible entity will remain neutral in any 
union organizing effort for the term of the grant, 
loan, or loan guarantee. 
(v) DEFINITIONS.—In this section: 
(1) ALLY OR KEY INTERNATIONAL PARTNER.— 
The term ‘‘ally or key international partner’’ does 
not include countries that pose a significant national 
security or economic security risk to the United 
States. 
(2) CRITICAL
GOOD
OR
SERVICE.—The term 
‘‘critical good or service’’ means any raw, in process, 
or manufactured material (including any mineral, 
metal, or advanced processed material), article, com-
modity, supply, product, or item of supply the ab-
sence of which would have a significant effect on— 
(A) the national security or economic secu-
rity of the United States; and 
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(B) critical infrastructure. 
(3) CRITICAL
INDUSTRY.—The term ‘‘critical 
industry’’ means an industry that is critical for the 
national security or economic security of the United 
States, considering key technology focus areas under 
this section and critical infrastructure. 
(4) CRITICAL
INFRASTRUCTURE.—The term 
‘‘critical infrastructure’’ has the meaning given to 
that term in the Critical Infrastructures Protection 
Act of 2001 (42 U.S.C. 5195c). 
(5) DOMESTIC
ENTERPRISE.—The term ‘‘do-
mestic enterprise’’ means an enterprise that con-
ducts business in the United States and procures a 
critical good or service. 
(6) DOMESTIC
MANUFACTURER.—The term 
‘‘domestic manufacturer’’ means a business that— 
(A) conducts in the United States the re-
search and development, engineering, or pro-
duction activities necessary or incidental to 
manufacturing; or 
(B) if provided a grant, loan, loan guar-
antee, or equity investment pursuant to this 
section, will conduct in the United States the 
research and development, engineering, or pro-
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duction activities necessary or incidental to 
manufacturing. 
(7) INDUSTRIAL EQUIPMENT.—The term ‘‘in-
dustrial equipment’’ means any component, sub-
system, system, equipment, tooling, accessory, part, 
or assembly necessary for the manufacturing of a 
critical good or service. 
(8) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the 
meaning given that term under section 101(a) of the 
Higher Education Act of 1965 (20 U.S.C. 1001(a)). 
(9) KEY
TECHNOLOGY
FOCUS
AREAS.—The 
term ‘‘key technology focus areas’’ means the fol-
lowing: 
(A) Artificial intelligence, machine learn-
ing, autonomy, and related advances. 
(B) High performance computing, semi-
conductors, and advanced computer hardware 
and software. 
(C) Quantum information science and 
technology. 
(D) Robotics, automation, and advanced 
manufacturing. 
(E) Natural and anthropogenic disaster 
prevention or mitigation. 
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(F) Advanced communications technology, 
including optical transmission components. 
(G) Biotechnology, medical technology, 
genomics, and synthetic biology. 
(H) Data storage, data management, dis-
tributed ledger technologies, and cybersecurity, 
including biometrics. 
(I) Advanced energy and industrial efficacy 
technologies, such as batteries, advanced nu-
clear technologies, and polysilicon for use in 
solar photovoltaics, including for the purposes 
of electric generation (consistent with section 
15 of the National Science Foundation Act of 
1950 (42 U.S.C. 1874)). 
(J) Advanced materials science, including 
composites and 2D materials and equipment, 
aerospace grade metals, and aerospace specific 
manufacturing enabling chemicals. 
(10) LENDER.—The term ‘‘lender’’ means any 
non-Federal qualified institutional buyer (as defined 
in section 230.144A(a) of title 17, Code of Federal 
Regulations or a successor regulation). 
(11) LOAN.—The term ‘‘loan’’ means a direct 
loan or other debt obligation issued by an eligible en-
tity and funded by the Under Secretary in connec-
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tion with the financing of an activity under this sec-
tion. 
(12) LOAN GUARANTEE.—The term ‘‘loan guar-
antee’’ means any guarantee or other pledge by the 
Under Secretary to pay all or part of the principal 
of, and interest on, a loan or other debt obligation 
entered into by an eligible entity and funded by a 
lender. 
(13) MANUFACTURE.—The term ‘‘manufac-
ture’’ means any activity that is necessary for or in-
cidental to the development, production, processing, 
distribution, or delivery of any raw, in process, or 
manufactured material (including minerals, metals, 
and advanced processed materials), article, com-
modity, supply, product, critical good or service, or 
item of supply. 
(14) MANUFACTURING
FACILITY.—The term 
‘‘manufacturing facility’’ means any type of building, 
structure, or real property necessary or incidental to 
the manufacturing of a critical good or service. 
(15) 
MANUFACTURING
TECHNOLOGY.—The 
term ‘‘manufacturing technology’’ means tech-
nologies that are necessary or incidental to the man-
ufacturing of a critical good or service. 
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(16) NONPROFIT
ORGANIZATION.—The term 
‘‘nonprofit organization’’ means an organization that 
is described in section 501(c)(3) of the Internal Rev-
enue Code of 1986 and exempt from taxation under 
section 501(a) of such Code. 
(17) OFFICE.—The term ‘‘Office’’ means the 
Supply Chain Resiliency and Crisis Response Office 
established under subsection (a). 
(18) STATE.—The term ‘‘State’’ means each 
State of the United States, the District of Columbia, 
American Samoa, Guam, the Commonwealth of the 
Northern Mariana Islands, the Commonwealth of 
Puerto Rico, the Virgin Islands of the United States, 
and any other territory or possession of the United 
States. 
(19) SUPPLY CHAIN.—The term ‘‘supply chain’’ 
means a supply chain for a critical good or service. 
(20) TRIBAL GOVERNMENT.—The term ‘‘Tribal 
government’’ means Indian Tribes, Alaska Native 
Tribal entities, and Native Hawaiian communities. 
(21) UNDER
SECRETARY.—The term ‘‘Under 
Secretary’’ means the Under Secretary of the Office 
of Supply Chain Resiliency and Crisis Response ap-
pointed pursuant to subsection (c). 
Æ 
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