II
118THCONGRESS
1
STSESSION S. 3425
To authorize the Secretary of Commerce to establish a Resilient Communities
Program to provide communities impacted by trade with grants for
economic development, and for other purposes.
IN THE SENATE OF THE UNITED STATES
DECEMBER6, 2023
Ms. B
ALDWIN(for herself and Mr. CASSIDY) introduced the following bill;
which was read twice and referred to the Committee on Environment and
Public Works
A BILL
To authorize the Secretary of Commerce to establish a Resil-
ient Communities Program to provide communities im-
pacted by trade with grants for economic development,
and for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Resilient Communities 4
Act of 2023’’. 5
SEC. 2. RESILIENT COMMUNITIES PROGRAM. 6
(a) A
WARD OFGRANTS.—The Secretary of Com-7
merce shall establish a program to be known as the Resil-8
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•S 3425 IS
ient Communities Program under which the Secretary 1
may award grants to eligible recipients representing af-2
fected communities— 3
(1) to encourage the continued production of 4
certain goods in those communities, including the 5
employment of individuals involved in the production 6
of those goods; or 7
(2) for the conduct of economic development in 8
those communities. 9
(b) U
SES OFFUNDS.— 10
(1) S
UBSEQUENT GRANTS .—An eligible recipi-11
ent awarded a grant under subsection (a) may use 12
the amount of the grant to award subsequent grants 13
to covered domestic producers in affected commu-14
nities. 15
(2) P
RIORITY.—An eligible recipient in an af-16
fected community shall prioritize the award of subse-17
quent grants under paragraph (1) to covered domes-18
tic producers that are determined by the eligible re-19
cipient to be most likely to increase production and 20
employment at a facility of the covered domestic pro-21
ducer located within the affected community as a re-22
sult of the grant provided. 23
(3) E
CONOMIC DEVELOPMENT .—If there is no 24
covered domestic producer in an affected community, 25
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an eligible recipient representing that community 1
that is in receipt of a grant under subsection (a) 2
shall use the amounts awarded under that grant for 3
economic development within that community. 4
(c) R
ESILIENTCOMMUNITIESFUND.— 5
(1) E
STABLISHMENT.—There is established in 6
the Treasury of the United States a trust fund (to 7
be known as the ‘‘Resilient Communities Fund’’), 8
consisting of— 9
(A) amounts transferred to the trust fund 10
under paragraph (2); and 11
(B) any amounts that may be credited to 12
the trust fund under paragraph (3). 13
(2) T
RANSFER OF AMOUNTS .— 14
(A) I
N GENERAL.—The Secretary of the 15
Treasury shall transfer to the trust fund estab-16
lished under paragraph (1), from the general 17
fund of the Treasury, for fiscal year 2024 and 18
each fiscal year thereafter, an amount equiva-19
lent to the amount received into the general 20
fund during that fiscal year and attributable to 21
duties collected pursuant to an antidumping or 22
countervailing duty order under title VII of the 23
Tariff Act of 1930 (19 U.S.C. 1671 et seq.). 24
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(B) FREQUENCY OF TRANSFERS .—The 1
Secretary of the Treasury shall transfer 2
amounts required by subparagraph (A) to be 3
transferred to the trust fund established under 4
paragraph (1) not less frequently than quar-5
terly. 6
(3) I
NVESTMENT OF AMOUNTS .— 7
(A) I
NVESTMENT OF AMOUNTS .—The Sec-8
retary of the Treasury shall invest such portion 9
of the trust fund established under paragraph 10
(1) as is not required to meet current with-11
drawals in interest-bearing obligations of the 12
United States or in obligations guaranteed as to 13
both principal and interest by the United 14
States. 15
(B) I
NTEREST AND PROCEEDS .—The in-16
terest on, and the proceeds from the sale or re-17
demption of, any obligations held in the trust 18
fund established under paragraph (1) shall be 19
credited to and form a part of the trust fund. 20
(4) A
VAILABILITY OF AMOUNTS IN TRUST 21
FUND.—Amounts in the trust fund established 22
under paragraph (1) shall be available to the Sec-23
retary of Commerce, as provided in advance in an 24
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appropriations Act, to award grants to eligible re-1
cipients under subsection (a). 2
(d) D
EFINITIONS.—In this section: 3
(1) A
FFECTED COMMUNITY .—The term ‘‘af-4
fected community’’ means an area in which a domes-5
tic producer or worker located in that area has expe-6
rienced an injury from trade. 7
(2) C
OVERED DOMESTIC PRODUCER .—The term 8
‘‘covered domestic producer’’ means a domestic pro-9
ducer who can provide recent evidence of any of the 10
following: 11
(A) A significant idling of production fa-12
cilities, plant closings, or underutilization of 13
productive capacity of the producer. 14
(B) The inability of the producer to carry 15
out production operations in the United States 16
at a reasonable level of profit. 17
(C) A decline in sales or market share, 18
higher or growing inventory, or a downward 19
trend in production, profits, wages, produc-20
tivity, or employment of the producer. 21
(D) Difficulty of the producer in gener-22
ating adequate capital to finance the mod-23
ernization of plants, property, or equipment in 24
the United States. 25
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(E) The inability of the producer to main-1
tain existing levels for research and develop-2
ment. 3
(3) D
OMESTIC PRODUCER .—The term ‘‘domes-4
tic producer’’ means a United States person that 5
produces a good within the United States. 6
(4) E
CONOMIC DEVELOPMENT .—The term 7
‘‘economic development’’ means— 8
(A) improving workforce development; 9
(B) building public infrastructure; 10
(C) improving access to health care, social 11
services, healthy food, or education; 12
(D) complying with environmental stand-13
ards set forth by the Federal Government; 14
(E) building affordable housing; or 15
(F) expanding access to broadband. 16
(5) E
LIGIBLE RECIPIENT.—The term ‘‘eligible 17
recipient’’ means a political subdivision of a State in 18
which an affected community is located. 19
(6) I
NJURY FROM TRADE .—The term ‘‘injury 20
from trade’’ means— 21
(A) an injury that has been determined to 22
have occurred by the United States Inter-23
national Trade Commission— 24
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(i) in the course of an investigation by 1
the Commission into dumping or subsidiza-2
tion under section 701 or 731 of the Tariff 3
Act of 1930 (19 U.S.C. 1671 and 1673); 4
or 5
(ii) under section 202(b) of the Trade 6
Act of 1974 (19 U.S.C. 2252(b)); 7
(B) with respect to a domestic producer or 8
a worker at a workplace of that producer, the 9
Secretary of Commerce determines that— 10
(i) a significant number or proportion 11
of the workers at that workplace have be-12
come totally or partially separated, or are 13
threatened to become totally or partially 14
separated; and 15
(ii)(I)(aa) the sales or production, or 16
both, of that producer have decreased ab-17
solutely at that workplace; 18
(bb)(AA) imports of articles or serv-19
ices like or directly competitive with arti-20
cles produced or services supplied by that 21
producer at that workplace have increased; 22
(BB) imports of articles like or di-23
rectly competitive with articles into which 24
one or more component parts produced by 25
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that producer at that workplace are incor-1
porated have increased; 2
(CC) imports of articles like or di-3
rectly competitive with articles that are 4
produced using services supplied by that 5
producer at that workplace have increased; 6
or 7
(DD) imports of articles incorporating 8
one or more component parts produced 9
outside the United States that are like or 10
directly competitive with imports of articles 11
incorporating one or more component parts 12
produced by that producer at that work-13
place have increased; and 14
(cc) the increase in imports described 15
in item (bb) contributed importantly to the 16
separation or threat of separation by work-17
ers at that workplace and to the decline in 18
the sales or production of that producer at 19
that workplace; or 20
(II)(aa)(AA) there has been a shift by 21
that producer to a foreign country in the 22
production of articles or the supply of serv-23
ices like or directly competitive with arti-24
cles that are produced or services that are 25
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supplied by that producer at that work-1
place; or 2
(BB) that producer has acquired from 3
a foreign country articles or services that 4
are like or directly competitive with articles 5
that are produced or services that are sup-6
plied by that producer at that workplace; 7
and 8
(bb) the shift described in item 9
(aa)(AA) or the acquisition of articles or 10
services described in item (aa)(BB) con-11
tributed importantly to the separation or 12
threat of separation by workers at that 13
workplace; or 14
(C) any other trade-related injury to a do-15
mestic producer or worker as determined by the 16
Secretary of Commerce. 17
Æ
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