[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 774 Introduced in House (IH)]
<DOC>
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 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 to 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 to 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 2024
through 2028, 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 2024 through 2028, 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).
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