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 Resil-
ience 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 ‘‘Manufacturing Econ-
omy And National Security Act’’ or the ‘‘MEANS Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) Resilient supply chains are paramount to 
our national security and economic security. 
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(2) A coordinated and whole-of-Government ap-
proach to safeguarding supply chains will benefit all 
Americans and ensure disruptions are avoided or 
mitigated. 
(3) Establishing an Office of Manufacturing Se-
curity and Resilience in the Department of Com-
merce will serve as the cornerstone of the Federal 
Government’s supply chain mission. 
SEC. 3. UNITED STATES STRATEGY TO COUNTER THREATS 
TO SUPPLY CHAINS FOR CRITICAL GOODS. 
(a) IN GENERAL.—In accordance with Executive 
Order 14017 (86 Fed. Reg. 11849; relating to America’s 
supply chains), the Under Secretary shall, not later than 
180 days after enactment of this Act, develop and imple-
ment a strategy taking a whole-of-Government approach 
to support the resilience, diversity, security, and strength 
of supply chains. 
(b) ELEMENTS.—The strategy required under sub-
section (a) shall include the following elements: 
(1) A plan to execute a unified national effort 
to reduce reliance on concentrated supply chains for 
critical goods and protect against threats from coun-
tries of concern relating to supply chains for critical 
goods. 
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(2) A plan to provide sufficient access to critical 
goods by ensuring that supply chains are not vulner-
able to disruption, strain, compromise, or elimi-
nation, including by being concentrated in a country 
of concern. 
(3) A plan to collaborate with other relevant 
Federal Government agencies to assist allies or key 
international partners to build capacity for manufac-
turing critical goods. 
(4) A plan to incentivize, through loans and 
loan guarantees, and equity investment, and identify 
tax incentives, trade preferences, or other means, as 
appropriate— 
(A) for domestic manufacturers that man-
ufacture critical goods to— 
(i) relocate manufacturing facilities, 
industrial equipment, or operations related 
to the production of critical goods from 
countries of concern to the United States 
or to other allies or key international part-
ners; and 
(ii) to support manufacturing facili-
ties, industrial equipment, or operations to 
increase the production of critical goods 
and meet demand for such articles; and 
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(B) for domestic manufacturers that do 
not manufacture critical goods to make nec-
essary or appropriate modifications to existing 
manufacturing facilities, industrial equipment, 
manufacturing technology, or operations in 
order to manufacture 1 or more critical good. 
(5) A plan describing the manner and processes 
through which the Under Secretary will implement 
the program under section 4, including through con-
sultation with, or requests for information from, the 
heads of any relevant Federal agencies, including 
those with jurisdiction over supply chains, for the 
purposes of ensuring— 
(A) the awards serve the greatest needs for 
the most diverse array of critical industries; and 
(B) the awards, on the whole, serve the 
greatest national security and economic security 
needs. 
(6) A plan to protect against supply chain 
shocks from countries of concern relating to supply 
chains. 
(7) A plan to strengthen and increase trade and 
other forms of engagement between the United 
States and allies or key international partners in 
order to mitigate— 
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(A) supply chain vulnerabilities; and 
(B) the effects of supply chain shocks. 
(8) Identify, in coordination with other relevant 
Federal agencies, actions relating to supply chains 
with which the United States might— 
(A) raise living standards; 
(B) increase employment opportunities; 
and 
(C) address the underlying causes of irreg-
ular migration. 
(9) Recommendations to effectuate the strategy 
under this section. 
(c) SUBMISSION OF STRATEGY.— 
(1) IN
GENERAL.—Not later than 270 days 
after the date of the enactment of this Act, the 
President shall submit to the Committee on Energy 
and Commerce of the House of Representatives and 
the Committee on Commerce, Science, and Trans-
portation of the Senate, and publish on the website 
of the Office of the Under Secretary, a report con-
taining the strategy developed under this section. 
(2) UPDATE.—Not less than once every 4 years 
after the date on which the strategy is submitted 
under paragraph (1), the Under Secretary shall sub-
mit to Congress an update to such strategy. 
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(3) FORM.—The report submitted under para-
graph (1), and any update submitted under para-
graph (2), shall be submitted in unclassified form 
and may include a classified annex. 
SEC. 4. CRITICAL SUPPLY CHAIN RESILIENCE PROGRAM. 
(a) ESTABLISHMENT.—There is established in the 
Office of the Secretary of Commerce an Office of Manu-
facturing Security and Resilience to carry out the Manu-
facturing Security and 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) Support the availability of critical goods by 
supporting domestic manufacturers, domestic enter-
prises, and manufacturing operations in countries 
that are allies or key international partners of the 
United States. 
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(3) Assist the Federal Government in preparing 
for, and responding to, covered emergencies and 
supply chain shocks, including by improving the 
flexible manufacturing capacities and capabilities in 
the United States in the case of a supply chain 
shock. 
(4) Reduce the reliance of domestic entities and 
domestic manufacturers on critical goods with con-
centrated supply chains from countries of concern. 
(5) 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. 
(6) In order to safeguard against supply chain 
disruptions, encourage the relocation of facilities 
that manufacture critical goods from countries of 
concern to allies or key international partners. 
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(7) Support the development, maintenance, im-
provement, competitiveness, restoration, and expan-
sion of the productive capacities, efficiency, and 
workforce of critical industries and domestic manu-
facturers of critical goods, industrial equipment, and 
manufacturing technology. 
(8) Prepare for and take appropriate steps to 
minimize the effects of supply chain shocks on crit-
ical industries and supply chains. 
(9) Support the creation of jobs with competi-
tive wages in the manufacturing sector. 
(10) Encourage manufacturing growth and op-
portunities in economically distressed areas and 
communities of color. 
(11) Promoting the health of the economy of 
the United States and the competitiveness of manu-
facturing in the United States. 
(12) Coordinate executive branch actions nec-
essary to carry out the functions described in para-
graphs (1) through (11). 
(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 
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consent of the Senate, for a term of not more than 
5 years. 
(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) MANUFACTURING SECURITY
AND RESILIENCE 
PROGRAM.— 
(1) IN GENERAL.—The Under Secretary shall 
support the resilience, diversity, security, and 
strength of supply chains by providing 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 loan or 
loan guarantee under this section, an eligible entity 
described in subsection (e) shall submit to the Under 
Secretary an application at such time, in such form, 
and containing such information as the Under Sec-
retary may require, including— 
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(A) a description of the proposed activity 
to be carried out with such a loan or loan guar-
antee; 
(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 or proximal 
manufacturing of critical goods, industrial equip-
ment, and manufacturing technology, including ac-
tivities that support any of the following: 
(A) The domestic manufacturing of a crit-
ical good 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. 
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(D) The purchase, lease, enhancement, or 
retooling of industrial equipment for use in the 
United States. 
(E) The purchase, lease, or acquisition of 
critical goods, industrial equipment, or manu-
facturing technology from reliable sources. 
(F) The relocation of manufacturing facili-
ties, or operations related to the production of 
critical goods out of a country of concern and 
into the United States or to an ally or key 
international partner of the United States, with 
a priority for those eligible countries listed in 
subsection (w)(1)(B). 
(G) The modification of manufacturing fa-
cilities, industrial equipment, or operations re-
lated to the manufacture of critical goods to— 
(i) create new capabilities for an eligi-
ble entity to manufacture critical goods; 
(ii) expand existing operations to in-
crease the manufacture of critical goods; or 
(iii) accommodate any manufacturing 
operations related to critical goods that are 
being relocated to the United States or to 
an ally or key international partner. 
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(H) The development of tools or processes 
that relate to procuring, transporting, or stor-
ing critical goods. 
(2) The manufacture or acquisition of a sub-
stitute for a critical good, industrial equipment, or 
manufacturing technology. 
(3) The establishment, improvement, develop-
ment, expansion, or preservation of surge capacity or 
stockpiling of a critical good or industrial equip-
ment, as appropriate and necessary. 
(4) The establishment, improvement, or preser-
vation of diverse, secure, reliable, and strong sources 
and locations of a critical good in the United States. 
(f) ELIGIBLE ENTITIES.—The following entities are 
eligible to receive 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. 
(5) A manufacturing extension center estab-
lished as part of the Hollings Manufacturing Exten-
sion Partnership. 
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(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 loan or loan guarantee available to an eligible enti-
ty if the Under Secretary makes a determination of the 
following: 
(1) The loan or loan guarantee is for an activity 
described under subsection (e). 
(2) Without a loan or loan guarantee the eligi-
ble entity would not be able to fund or finance the 
activity under reasonable terms and conditions. 
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(3) A loan or loan guarantee is a cost effective, 
expedient, and practical financial assistance 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; and 
(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 (n). 
(h) CRITERIA.—The Under Secretary shall establish 
criteria for the awarding of loan or loan guarantee 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. 
(2) The extent to which the activity is funded 
by non-Federal sources. 
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(3) The extent to which the loan or loan guar-
antee will assist small and medium-sized domestic 
manufacturers. 
(4) The amount of appropriations that are re-
quired to fund or finance the loan or loan guarantee 
made available under this section. 
(i) LOANS AND LOAN GUARANTEES.— 
(1) MAXIMUM AMOUNT.—The amount of a loan 
under this section shall not exceed 80 percent of the 
reasonably anticipated costs of an activity. 
(2) WAIVER.—Upon providing written justifica-
tion for a determination made pursuant to subpara-
graph (B), which may be submitted in 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 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 
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of a supply chain that would severely affect the 
economic security of the United States. 
(3) 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. 
(4) 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. 
(j) MANUFACTURING INVESTMENT COMPANIES.— 
(1) IN GENERAL.—The Under Secretary may 
provide a loan or loan guarantee to a manufacturing 
investment company. 
(2) EQUITY CAPITAL.—A manufacturing invest-
ment company shall use the proceeds of a loan or 
loan guarantee provided under paragraph (1) to pro-
vide a source of equity capital for eligible entities de-
scribed under subsection (f) to carry out eligible ac-
tivities. 
(3) APPLICATION.—To be eligible to receive a 
loan or loan guarantee under this section, a manu-
facturing investment company shall submit to the 
Under Secretary an application, in a form and in-
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cluding such documentation as may be prescribed by 
the Under Secretary, which shall include: 
(A) A plan describing how the manufac-
turing investment company intends to provide 
equity capital to eligible entities described 
under subsection (f) to support the resilience, 
diversity, security, and strength of supply 
chains. 
(B) Information regarding the relevant 
qualifications and general reputation of the 
management of the manufacturing investment 
company. 
(C) A description of how the manufac-
turing investment company intends to address 
the unmet capital needs of eligible entities de-
scribed under subsection (f). 
(D) A description of whether and to what 
extent the manufacturing investment company 
meets the criteria under paragraph (4) and the 
objectives of the program established under this 
Act. 
(4) CRITERIA.—The Secretary shall establish 
criteria for the awarding of a loan or loan guarantee 
to a manufacturing investment company, including 
the following: 
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(A) The extent to which the equity capital 
to be provided pursuant to paragraph (2) sup-
ports the resilience, diversity, security, and 
strength of supply chains. 
(B) The extent to which the plan described 
under subparagraph (A) of paragraph (3) will 
be funded or financed by non-Federal sources. 
(C) The extent to which the manufacturing 
investment company will assist small and me-
dium-sized domestic manufacturers. 
(D) The amount of appropriations that are 
required to fund or finance the loan or loan 
guarantee made available under this subsection. 
(5) REQUIREMENTS.—As a condition for pro-
viding a loan or loan guarantee under paragraph 
(1), the Under Secretary shall require that a manu-
facturing investment company certifies that— 
(A) the equity capital is for an activity de-
scribed under subsection (e); 
(B) an eligible entity meets the require-
ments under subsection (g); 
(C) without equity capital, the eligible enti-
ty would not be able to fund or finance the ac-
tivity under reasonable terms and conditions; 
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(D) equity capital is a cost effective, expe-
dient, and practical financial assistance for the 
activity; 
(E) there is a reasonable assurance that— 
(i) the eligible entity will implement 
the activity; and 
(ii) the activity will support— 
(I) the resilience, diversity, secu-
rity, or strength of a supply chain; 
and 
(II) the national security or eco-
nomic security of the United States; 
and 
(F) it will provide the information required 
under paragraph (6). 
(6) PERFORMANCE MEASURES.—For loans and 
loan guarantees awarded under this subsection, the 
Under Secretary shall— 
(A) develop metrics to assess the extent to 
which the manufacturing investment company 
meets the criteria under paragraph (4); 
(B) evaluate the extent to which each man-
ufacturing investment company awarded a loan 
or loan guarantee is meeting the criteria under 
paragraph (4); and 
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(C) require that any loan information the 
Under Secretary determines to be necessary for 
the evaluation described under subparagraph 
(B) be provided by manufacturing investment 
companies. 
(k) CREDITWORTHINESS.— 
(1) IN GENERAL.—For a loan or loan guar-
antee issued under subsections (d) and (j), the man-
ufacturing investment company or eligible activity 
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 a manufacturing investment 
company or an eligible activity and eligible entity, 
the Under Secretary shall take into consideration 
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. 
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(C) The financial assumptions upon which 
the loan or loan guarantee is based. 
(D) The ability of— 
(i) 
the 
manufacturing 
investment 
company to provide a source of equity cap-
ital for eligible entities; or 
(ii) the eligible entity to successfully 
achieve the goal of the activity. 
(E) The financial soundness and credit his-
tory of the manufacturing investment company 
or 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 
connection with a loan or loan guarantee made 
under this section; 
(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; and 
(3) language in any contract or agreement gov-
erning financial assistance that the eligible entity 
agrees to coordinate with the Under Secretary to, 
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without yielding operational control, assist the 
United States in preparing for and responding to a 
covered emergency, including through the manufac-
ture of critical goods, as necessary. 
(m) SELECTION OF RECIPIENT.— 
(1) DIVERSITY IN RECIPIENTS.—To the extent 
practicable, the Under Secretary shall ensure that 
loans and loan guarantees are awarded in a manner 
that will serve the greatest needs for the most di-
verse array of critical industries. 
(2) PRIORITY.—In awarding loans and loan 
guarantees under this subsection, the Under Sec-
retary shall prioritize proposed activities that— 
(A) will operate within the United States 
and employ citizens of the United States; and 
(B) will result in the production of critical 
goods that relate to the strategic needs of the 
Federal Government in preparing for and re-
sponding to covered emergencies and supply 
chain shocks. 
(n) PERFORMANCE MEASURES.—For loans and loan 
guarantees awarded under this section, the Under Sec-
retary shall— 
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(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 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 receiving a loan or loan guarantee. 
(o) REVOCATION.—The Under Secretary may revoke 
a loan or loan guarantee if the eligible entity fails to meet 
any requirement under this section. 
(p) 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 
receives financial assistance from the Secretary under this 
section. 
(q) 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. 
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(2) REVOLVING LOAN FUND.—The proceeds of 
any conditions prescribed under subsection (l)(1) 
shall be deposited into the Fund. 
(r) 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 of Supply 
Chain Resiliency and Crisis Response to— 
(1) evaluate the performance of the activities 
supported by a 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). 
(s) REGULATIONS.—The Under Secretary may pro-
mulgate such regulations as the Under Secretary deter-
mines to be appropriate to carry out this section. 
(t) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated— 
(1) to the Fund $35,000,000,000 for fiscal 
years 2024 through 2028, to remain available until 
expended, of which not more than— 
VerDate Sep 11 2014 
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