[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5492 Introduced in House (IH)]

<DOC>






117th CONGRESS
  1st Session
                                H. R. 5492

To establish an Office of Manufacturing Security and Resilience in the 
            Department of Commerce, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 5, 2021

 Mr. Kinzinger (for himself, Mr. Malinowski, and Ms. Blunt Rochester) 
 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Manufacturing Economy 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.
            (2) A coordinated and whole-of-Government approach to 
        safeguarding supply chains will benefit all Americans and 
        ensure disruptions are avoided or mitigated.
            (3) Establishing an Office of Manufacturing Security and 
        Resilience in the Department of Commerce 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 
implement 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 subsection (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 countries of concern relating to 
        supply chains for critical goods.
            (2) A plan provide sufficient access to critical goods by 
        ensuring that supply chains are not vulnerable to disruption, 
        strain, compromise, or elimination, including by being 
        concentrated in a country of concern.
            (3) A plan collaborate with other relevant Federal 
        Government agencies to assist allies or key international 
        partners to build capacity for manufacturing 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 manufacture 
                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 partners; and
                            (ii) to support manufacturing facilities, 
                        industrial equipment, or operations to increase 
                        the production of critical goods and meet 
                        demand for such articles; and
                    (B) for domestic manufacturers that do not 
                manufacture critical goods to make necessary 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 consultation 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--
                    (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 irregular 
                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 
        Transportation of the Senate, and publish on the website of the 
        Office of the Under Secretary, a report containing 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 submit to Congress an update to such 
        strategy.
            (3) Form.--The report submitted under paragraph (1), and 
        any update submitted under paragraph (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 Manufacturing Security and 
Resilience to carry out the Manufacturing 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 economic 
                security of the United States.
            (2) Support the availability of critical goods by 
        supporting domestic manufacturers, domestic enterprises, and 
        manufacturing operations in countries that are allies or key 
        international partners of the United States.
            (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 concentrated 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.
            (7) Support the development, maintenance, improvement, 
        competitiveness, restoration, and expansion of the productive 
        capacities, efficiency, and workforce of critical industries 
        and domestic manufacturers of critical goods, industrial 
        equipment, and manufacturing technology.
            (8) Prepare for and take appropriate steps to minimize the 
        effects of supply chain shocks on critical industries and 
        supply chains.
            (9) Support the creation of jobs with competitive wages in 
        the manufacturing sector.
            (10) Encourage manufacturing growth and opportunities in 
        economically distressed areas and communities of color.
            (11) Promoting the health of the economy of the United 
        States and the competitiveness of manufacturing in the United 
        States.
            (12) Coordinate executive branch actions necessary to carry 
        out the functions described in paragraphs (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, appointed by the President, by and with 
        the advice and consent of the Senate, for a term of not more 
        than 5 years.
            (2) Pay.--The Under Secretary shall be compensated at the 
        rate in effect for level II of the Executive 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 Secretary may require, including--
                    (A) a description of the proposed activity to be 
                carried out with such a loan or loan guarantee;
                    (B) a description of the supply chain supported 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, preservation, 
        improvement, support, restoration, or expansion of supply 
        chains and the domestic or proximal manufacturing of critical 
        goods, industrial equipment, and manufacturing technology, 
        including activities that support any of the following:
                    (A) The domestic manufacturing of a critical good 
                or industrial equipment.
                    (B) The commercialization, adoption, deployment, or 
                use of manufacturing technology by domestic 
                manufacturers.
                    (C) The design, engineering, construction, 
                expansion, improvement, repair, or maintenance of 
                critical infrastructure or a manufacturing facility in 
                the United States.
                    (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 manufacturing 
                technology from reliable sources.
                    (F) The relocation of manufacturing facilities, 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 facilities, 
                industrial equipment, or operations related to the 
                manufacture of critical goods to--
                            (i) create new capabilities for an eligible 
                        entity to manufacture critical goods;
                            (ii) expand existing operations to increase 
                        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.
                    (H) The development of tools or processes that 
                relate to procuring, transporting, or storing critical 
                goods.
            (2) The manufacture or acquisition of a substitute for a 
        critical good, industrial equipment, or manufacturing 
        technology.
            (3) The establishment, improvement, development, expansion, 
        or preservation of surge capacity or stockpiling of a critical 
        good or industrial equipment, as appropriate and necessary.
            (4) The establishment, improvement, or preservation 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 subdivision 
        of a State.
            (4) A Tribal government.
            (5) A manufacturing extension center established as part of 
        the Hollings Manufacturing Extension Partnership.
            (6) A manufacturing USA institute as described 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, partnership, 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 paragraphs (1) through 
        (8).
    (g) Requirements.--The Under Secretary may only make a loan or loan 
guarantee available to an eligible entity 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 eligible entity 
        would not be able to fund or finance the activity under 
        reasonable terms and conditions.
            (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 submitted 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 information 
        required under paragraph (3) of subsection (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.
            (3) The extent to which the loan or loan guarantee will 
        assist small and medium-sized domestic manufacturers.
            (4) The amount of appropriations that are required 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 justification for a 
        determination made pursuant to subparagraph (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 requirement under paragraph (2)--
                    (A) during a period of national emergency declared 
                by an Act of Congress or the President; 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.
            (3) Maximum federal involvement.--The proceeds of a loan 
        under this section may be used to pay any non-Federal share of 
        activity costs required 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 subsection 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 investment company 
        shall use the proceeds of a loan or loan guarantee provided 
        under paragraph (1) to provide a source of equity capital for 
        eligible entities described under subsection (f) to carry out 
        eligible activities.
            (3) Application.--To be eligible to receive a loan or loan 
        guarantee under this section, a manufacturing investment 
        company shall submit to the Under Secretary an application, in 
        a form and including such documentation as may be prescribed by 
        the Under Secretary, which shall include:
                    (A) A plan describing how the manufacturing 
                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 manufacturing 
                investment company intends to address the unmet capital 
                needs of eligible entities described 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:
                    (A) The extent to which the equity capital to be 
                provided pursuant to paragraph (2) supports 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 medium-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 providing a loan or 
        loan guarantee under paragraph (1), the Under Secretary shall 
        require that a manufacturing investment company certifies 
        that--
                    (A) the equity capital is for an activity described 
                under subsection (e);
                    (B) an eligible entity meets the requirements under 
                subsection (g);
                    (C) without equity capital, the eligible entity 
                would not be able to fund or finance the activity under 
                reasonable terms and conditions;
                    (D) equity capital is a cost effective, expedient, 
                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, 
                                security, or strength of a supply 
                                chain; and
                                    (II) the national security or 
                                economic 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 manufacturing 
                investment company awarded a loan or loan guarantee is 
                meeting the criteria under paragraph (4); and
                    (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 guarantee issued under 
        subsections (d) and (j), the manufacturing investment company 
        or eligible activity and eligible entity receiving such loan or 
        loan guarantee shall be creditworthy, which shall be determined 
        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 structure, and 
                security features of the proposed financing.
                    (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--
                            (i) the manufacturing investment company to 
                        provide a source of equity capital for eligible 
                        entities; or
                            (ii) the eligible entity to successfully 
                        achieve the goal of the activity.
                    (E) The financial soundness and credit history 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 commitment 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 procedures (which 
        shall be uniform to the extent practicable) to be used in 
        connection with such loans and loan guarantees; and
            (3) language in any contract or agreement governing 
        financial assistance that the eligible entity agrees to 
        coordinate with the Under Secretary to, without yielding 
        operational control, assist the United States in preparing for 
        and responding to a covered emergency, including through the 
        manufacture 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 diverse array of critical industries.
            (2) Priority.--In awarding loans and loan guarantees under 
        this subsection, the Under Secretary 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 responding to covered 
                emergencies and supply chain shocks.
    (n) Performance Measures.--For 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 subsection (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 Secretary 
        determines to be necessary for the evaluation described under 
        paragraph (2) be provided by eligible 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 Manufacturing 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.
    (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 requirements 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 promulgate such 
regulations as the Under Secretary determines 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 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) $4,000,000,000 may be used for loans and loan 
                guarantees to manufacturing investment companies and 
                eligible entities; and
                    (C) not more than 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 (r).
    (u) Consistency With International Agreements.--This Act shall be 
applied in a manner consistent with United States obligations under 
international agreements.
    (v) Limitation.--None of the funds made available to carry out this 
Act may be used to support manufacturing in a country of concern.
    (w) Definitions.--In this section:
            (1) Ally or key international partner.--
                    (A) In general.--The term ``ally or key 
                international partner'' means a country designated by 
                the Under Secretary, after consultation with other 
                relevant Federal agencies, and--
                            (i) is--
                                    (I) a member state of North 
                                Atlantic Treaty Organization (NATO);
                                    (II) a country designated as major 
                                non-NATO ally pursuant to section 
                                517(a) of the Foreign Assistance Act of 
                                1961 (22 U.S.C. 2321k(a)); or
                                    (III) a country that is located in 
                                the Western Hemisphere and included on 
                                the list of countries described in 
                                subparagraph (B); and
                            (ii) is not a country of concern.
                    (B) List of countries described.--The list of 
                countries described in subparagraph (A) are the 
                following: Anguilla, Antigua and Barbuda, Argentina, 
                Aruba, The Bahamas, Barbados, Belize, Bermuda, Bolivia, 
                Brazil, The British Virgin Islands, Canada, Chile, 
                Colombia, Costa Rica, Dominica, Dominican Republic, 
                Ecuador, El Salvador, Grenada, Guatemala, Guyana, 
                Haiti, Honduras, Jamaica, Mexico, Montserrat, 
                Netherlands Antilles, Panama, Paraguay, Peru, Saint 
                Kitts and Nevis, Saint Lucia, Saint Vincent and the 
                Grenadines, Suriname, Trinidad and Tobago, Turks and 
                Caicos Islands, Uruguay, and the sovereign government 
                recognized by the United States in Venezuela.
            (2) Concentrated.--With respect to a supply chain, the term 
        ``concentrated'' means--
                    (A) a supply chain--
                            (i) that is under a level of control or 
                        influence by the government of a country of 
                        concern that presents an unreasonable risk to 
                        national security or economic security;
                            (ii) that is subject to undue manipulation 
                        by the government of a country of concern; or
                            (iii) for which 30 percent of the 
                        production of such critical good occurs in a 
                        single foreign country; or
                    (B) a supply chain for a critical good for which 
                more than 50 percent of the supply of such good in the 
                United States is imported.
            (3) Country of concern.--The term ``country of concern'' 
        means a country--
                    (A) in which a concentrated supply chain for a 
                critical good is located;
                    (B) that poses a significant national security or 
                economic security threat to the United States; and
                    (C) whose government, or elements of such 
                government, has proven, or has been credibly alleged to 
                have, committed crimes against humanity or genocide.
            (4) Covered emergency.--The term ``covered emergency'' 
        means any of the following:
                    (A) A public health emergency declared by the 
                Secretary of Health and Human Services pursuant to 
                section 319 of the Public Health Service Act (42 U.S.C. 
                247d).
                    (B) An event for which the President declares a 
                major disaster or an emergency under section 401 or 
                501, respectively, of the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act (42 U.S.C. 5170 and 
                5191).
                    (C) A national emergency declared by the President 
                under the National Emergencies Act (50 U.S.C. 1601 et 
                seq.).
            (5) Critical good.--The term ``critical good'' means any 
        raw, in process, or manufactured material (including any 
        mineral, metal, or advanced processed material), article, 
        commodity, supply, product, or item of supply that the absence 
        of which would have a significant effect on--
                    (A) the national security or economic security of 
                the United States; and
                    (B) critical infrastructure.
            (6) 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 Act and critical 
        infrastructure.
            (7) 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(e)).
            (8) Domestic enterprise.--The term ``domestic enterprise'' 
        means an enterprise that conducts business in the United States 
        and procures a critical good.
            (9) Domestic manufacturer.--The term ``domestic 
        manufacturer'' means a business that--
                    (A) conducts in the United States the research and 
                development, engineering, or production activities 
                necessary or incidental to manufacturing; or
                    (B) if provided a loan, loan guarantee, or equity 
                investment pursuant to this section, will conduct in 
                the United States the research and development, 
                engineering, or production activities necessary or 
                incidental to manufacturing.
            (10) Industrial equipment.--The term ``industrial 
        equipment'' means any component, subsystem, system, equipment, 
        tooling, accessory, part, or assembly necessary for the 
        manufacturing of a critical good.
            (11) 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)).
            (12) Key technology focus areas.--The term ``key technology 
        focus areas'' means--
                    (A) artificial intelligence, machine learning, 
                autonomy, and related advances;
                    (B) high-performance computing, semiconductors, 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;
                    (F) advanced communications technology, including 
                optical transmission components;
                    (G) biotechnology, medical technology, genomics, 
                and synthetic biology;
                    (H) data storage, data management, distributed 
                ledger technologies, and cybersecurity, including 
                biometrics;
                    (I) advanced energy and industrial efficacy 
                technologies, such as batteries, advanced nuclear 
                technologies, and polysilicon for use in solar 
                photovoltaics, including but not limited to for the 
                purposes of electric generation (consistent with 
                section 15 of the National Sciences Foundation Act of 
                1950 (42 U.S.C. 1874)); and
                    (J) advanced materials science, including 
                composites and 2D materials and equipment, aerospace 
                grade metals, and aerospace specific manufacturing 
                enabling chemicals.
            (13) 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).
            (14) Loan.--The term ``loan'' means a direct loan or other 
        debt obligation issued by an eligible entity and funded by the 
        Under Secretary in connection with the financing of an activity 
        under this section.
            (15) Loan guarantee.--The term ``loan guarantee'' 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.
            (16) Manufacture.--The term ``manufacture'' means any 
        activity that is necessary for or incidental to the 
        development, production, processing, distribution, or delivery 
        of any raw, in process, or manufactured material (including 
        minerals, metals, and advanced processed materials), article, 
        commodity, supply, product, critical good, or item of supply.
            (17) 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.
            (18) Manufacturing investment company.--The term 
        ``manufacturing investment company'' means an incorporated 
        body, a limited liability company, or a limited partnership, 
        including a consortium of public and private entities, 
        organized and chartered or otherwise existing under State law.
            (19) Manufacturing technology.--The term ``manufacturing 
        technology'' means technologies that are necessary or 
        incidental to the manufacturing of a critical good.
            (20) Nonprofit organization.--The term ``nonprofit 
        organization'' means an organization that is described in 
        section 501(c)(3) of the Internal Revenue Code of 1986 and 
        exempt from taxation under section 501(a) of such Code.
            (21) Office.--The term ``Office'' means the Supply Chain 
        Resiliency and Crisis Response Office established under 
        subsection (a).
            (22) 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.
            (23) Supply chain.--The term ``supply chain'' means a 
        supply chain for a critical good.
            (24) Supply chain shock.--The term ``supply chain shock'' 
        includes the following:
                    (A) A natural disaster or extreme weather event.
                    (B) An accidental or human-caused event.
                    (C) An economic disruption.
                    (D) A pandemic.
                    (E) A biological threat.
                    (F) A cyberattack.
                    (G) A great power conflict.
                    (H) A terrorist or geopolitical attack.
                    (I) Any other supply chain disruption or threat 
                that affects the national security or economic security 
                of the United States.
            (25) Tribal government.--The term ``tribal government'' 
        means Indian Tribes, Alaska Native Tribal entities, and Native 
        Hawaiian communities.
            (26) Under secretary.--The term ``Under Secretary'' means 
        the Under Secretary of the Office of Supply Chain Resiliency 
        and Crisis Response appointed pursuant to subsection (c).
                                 <all>