What This Bill Does
This bill creates a new committee inside the President's office called the Interagency Committee for the Coordination of National Development Financing Programs. The committee will develop a National Development Strategy to guide government investment in American industries and fix weaknesses in supply chains and manufacturing. The bill also gives the Federal Financing Bank (a government lending agency) new powers to direct money toward projects that support this strategy.
Who It Affects
Federal agencies involved in lending and investment, including the Departments of Transportation, Energy, Commerce, Labor, Treasury, Defense and Agriculture. The Small Business Administration, Federal Reserve, and U.S. Trade Representative also participate. Private companies and businesses that seek federal financing for development projects. Industries critical to national security and manufacturing sectors.
Key Provisions
• A new interagency committee must develop a National Development Strategy within one year of the bill becoming law, then update it every four years. The strategy must identify vulnerable supply chains and manufacturing gaps that affect national security (Sec. 3(d)).
• The Federal Financing Bank can issue securities, purchase loans and debt instruments, and participate in loan guarantees as directed by the committee to support projects aligned with the National Development Strategy (Sec. 4).
• Congress authorizes $5,000,000,000 per year for fiscal years 2024 through 2027 for the Federal Financing Bank to carry out projects selected by the National Development Strategy (Sec. 5).
• No federal funding or authority under this bill may support projects with any entity of concern, including the People's Republic of China or entities owned more than 25 percent by individuals in countries of concern (Sec. 6).
• The committee must establish policies within 180 days ensuring that projects do not expand operations in countries of concern and that intellectual property is protected from transfer to countries of concern (Sec. 6).
What Changes
The Federal Financing Bank gains new authority to buy loans, debt instruments and equity from private markets when directed by the interagency committee. Federal agencies must now consult the National Development Strategy and give priority to projects that align with it. A new Industry Advisory Board of up to 10 members will provide input on development priorities. The government establishes a requirement to hold at least four public hearings per year where industry and worker representatives can provide input on development strategy. A new Ombudsman position at the Federal Financing Bank will review and report annually on investments in strategy-aligned projects.
Important Definitions
"Country of Concern" means the People's Republic of China and any other government designated as a foreign adversary under federal regulations, or any country determined to have inadequate safeguards to protect U.S. funds and intellectual property from theft or transfer to foreign governments.
"Entity of Concern" means companies headquartered in countries of concern, companies more than 25 percent owned by individuals or entities in countries of concern, companies on the Treasury Department's specially designated nationals list, Chinese military companies, companies on the Commerce Department's Entity List, companies producing communications equipment that poses risks to national security, or any company majority owned by or under common control with these described entities.
Effective Date
Not specified in bill text
II
118TH CONGRESS
1ST SESSION
S. 99
To establish a National Development Strategy, and for other purposes.
IN THE SENATE OF THE UNITED STATES
JANUARY 26, 2023
Mr. RUBIO introduced the following bill; which was read twice and referred
to the Committee on Banking, Housing, and Urban Affairs
A BILL
To establish a National Development Strategy, 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 ‘‘National Development
4
Strategy and Coordination Act of 2023’’.
5
SEC. 2. DEFINITIONS.
6
In this Act:
7
(1)
APPROPRIATE
CONGRESSIONAL
COM-
8
MITTEE.—The term ‘‘appropriate congressional com-
9
mittee’’ means—
10
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(A) the Committee on Banking, Housing,
1
and Urban Affairs, the Committee on Finance,
2
the Committee on Commerce, Science, and
3
Transportation, and the Select Committee on
4
Intelligence of the Senate; and
5
(B) the Committee on Financial Services,
6
the Committee on Energy and Commerce, and
7
the Permanent Select Committee on Intelligence
8
of the House of Representatives.
9
(2) COUNTRY OF CONCERN.—The term ‘‘coun-
10
try of concern’’ means—
11
(A) the People’s Republic of China and
12
any other foreign government or foreign non-
13
government person determined to be a foreign
14
adversary under section 7.4 of title 15, Code of
15
Federal Regulations, or any successor regula-
16
tion; or
17
(B) any country determined by the Sec-
18
retary of Commerce, in consultation with the
19
United States Trade Representative, the Sec-
20
retary of Defense, and the Director of National
21
Intelligence, to have inadequate safeguards in
22
place to protect United States funds (or intel-
23
lectual property developed using such funds)
24
from theft or transfer to a foreign government
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or foreign non-government person described in
1
subparagraph (A).
2
(3) ENTITY OF CONCERN.—The term ‘‘entity of
3
concern’’ means—
4
(A) an entity headquartered in a country
5
of concern;
6
(B) an entity that is more than 25-percent
7
owned by individuals or entities in countries of
8
concern;
9
(C) an entity on the list of specially des-
10
ignated nationals and blocked persons main-
11
tained by the Office of Foreign Assets Control
12
of the Department of the Treasury (commonly
13
referred to as the ‘‘SDN list’’);
14
(D) an entity on the Non-SDN Chinese
15
Military-Industrial Complex Companies List—
16
(i) established pursuant to Executive
17
Order 13959 (50 U.S.C. 1701 note; relat-
18
ing to addressing the threat from securities
19
investments that finance Communist Chi-
20
nese military companies), as amended be-
21
fore, on, or after the date of the enactment
22
of this Act; and
23
(ii) maintained by the Office of For-
24
eign Assets Control;
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(E) a Chinese military company on the list
1
required by section 1260H of the William M.
2
(Mac) Thornberry National Defense Authoriza-
3
tion Act for Fiscal Year 2021 (Public Law
4
116–283; 10 U.S.C. 113 note);
5
(F) an entity on the Entity List main-
6
tained by the Bureau of Industry and Security
7
of the Department of Commerce and set forth
8
in Supplement No. 4 to part 744 of title 15,
9
Code of Federal Regulations, or any successor
10
regulation;
11
(G) an entity that produces equipment or
12
services on the list of communications equip-
13
ment and services that pose an unacceptable
14
risk to the national security of the United
15
States or the security and safety of United
16
States persons maintained by the Federal Com-
17
munications Commission under section 2 of the
18
Secure and Trusted Communications Networks
19
Act of 2019 (47 U.S.C. 1601); or
20
(H) any entity that is majority owned or
21
controlled by, or under common ownership or
22
control with, an entity described in any of sub-
23
paragraphs (A) through (G).
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SEC. 3. ESTABLISHMENT OF THE INTERAGENCY COM-
1
MITTEE FOR THE COORDINATION OF NA-
2
TIONAL
DEVELOPMENT
FINANCING
PRO-
3
GRAMS.
4
(a) ESTABLISHMENT.—There is established in the
5
Executive Office of the President a Committee to be
6
known as the Interagency Committee for the Coordination
7
of National Development Financing Programs (referred to
8
in this Act as the ‘‘Committee’’).
9
(b) MEMBERSHIP.—
10
(1) COMPOSITION.—The Committee shall con-
11
sist of the following members:
12
(A) The Secretary of Transportation or a
13
designee of the Secretary.
14
(B) The Secretary of Energy or a designee
15
of the Secretary.
16
(C) The Secretary of Commerce or a des-
17
ignee of the Secretary.
18
(D) The Secretary of Labor or a designee
19
of the Secretary.
20
(E) The Secretary of the Treasury or a
21
designee of the Secretary.
22
(F) The Administrator of the Small Busi-
23
ness Administration or a designee of the Ad-
24
ministrator.
25
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(G) The Secretary of Defense or a des-
1
ignee of the Secretary.
2
(H) The Director of National Intelligence
3
or a designee of the Director.
4
(I) The Secretary of Agriculture or a des-
5
ignee of the Secretary.
6
(J) The United States Trade Representa-
7
tive or their designee.
8
(K) The Chair of the Board of Governors
9
of the Federal Reserve or a designee of the
10
Chair, who shall serve as a nonvoting member.
11
(L) The Secretary of the Treasury or a
12
designee of the Secretary, who shall serve as
13
the chair of the Committee.
14
(2) TIE VOTE.—In the event of a tie vote, the
15
vote of the chair of the Committee shall serve as the
16
tie-breaker.
17
(c) DUTIES.—The Committee—
18
(1) shall submit to Congress the National De-
19
velopment Strategy described in subsection (d);
20
(A) not later than 1 year after the date of
21
enactment of this Act; and
22
(B) not later than 1 year after January
23
20, 2025, and every 4 years thereafter, and in
24
each such year not earlier than the latest date
25
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on which the budget of the President may be
1
submitted to Congress under section 1105(a) of
2
title 31, United States Code, submit to Con-
3
gress the National Development Strategy de-
4
scribed in subsection (d); and
5
(2) shall identify economic sectors of the United
6
States, regions of the United States, and, as nec-
7
essary and supported by substantial evidence,
8
projects or partnerships that advance the goals of
9
the National Development Strategy described in sub-
10
section (d), to which financing assistance should be
11
prioritized by member agencies of the Committee
12
and should be provided or supported by the Federal
13
Financing Bank.
14
(d) NATIONAL
DEVELOPMENT
STRATEGY.—The
15
Committee shall develop a publicly available (except for
16
an allowable classified annex) National Development
17
Strategy, which shall—
18
(1) identify and address vulnerabilities in
19
United States supply chains in industries critical to
20
national security;
21
(2) identify and address vulnerabilities and
22
shortfalls in domestic manufacturing capabilities
23
that threaten the ability of the United States to
24
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maintain a global advantage in innovation and man-
1
ufacturing;
2
(3) identify weaknesses and discuss opportuni-
3
ties to strengthen the broad industrial base of the
4
United States, which may include—
5
(A) strengthening supply chain resiliency;
6
(B) supporting industries critical for the
7
national security;
8
(C) developing technologies that provide
9
scientific or commercial value to the United
10
States;
11
(D) supporting job growth and develop-
12
ment of critical manufacturing capabilities with-
13
in the United States workforce;
14
(E) supporting the development and adop-
15
tion of innovative resource extraction tech-
16
nologies, including for renewable energy; and
17
(F) supporting job growth and economic
18
development in critical industries in commu-
19
nities designated as qualified opportunity zones
20
under section 1400Z–1 of the Internal Revenue
21
Code of 1986;
22
(4) identify industries and regions in the United
23
States that require assistance in order to address
24
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vulnerabilities and advance the goals described in
1
paragraphs (1), (2), and (3); and
2
(5) outline a strategic plan to promote invest-
3
ment in the industries described in paragraph (4),
4
which shall include—
5
(A) an estimate of the amount and nature
6
of public financing needed to achieve the goals
7
and address vulnerabilities described in para-
8
graphs (1), (2), and (3);
9
(B) an inventory of all Federal programs
10
in existence as of the date of the National De-
11
velopment Strategy that are capable of pro-
12
viding the financing described in subparagraph
13
(A), the level of investment from each such
14
Federal program in the preceding 5-year period,
15
and a detailed description of how each such
16
program is advancing development goals in the
17
United States;
18
(C) recommendations as to how Federal
19
agencies may, under existing Federal authori-
20
ties, leverage and attract private investment to
21
accomplish the goals described in this sub-
22
section;
23
(D) recommendations, if applicable, on any
24
changes to Federal financing programs, includ-
25
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ing changes to how financing decisions are
1
prioritized or creation of new financing pro-
2
grams, that may be needed to advance the goals
3
of the National Development Strategy;
4
(E) directives to the Federal Financing
5
Bank to accomplish the goals of the National
6
Development Strategy; and
7
(F) performance metrics to evaluate and
8
monitor projects supported by the Federal Fi-
9
nancing Bank in alignment with the National
10
Development Strategy.
11
(e) ADVICE AND INPUT.—The Committee shall seek
12
the advice and input of industry partners, manufacturing
13
policy experts, State and local development officials, and
14
manufacturing worker interests when preparing the Na-
15
tional Development Strategy described in subsection (d),
16
including by—
17
(1) holding not less than 4 public hearings per
18
year, either virtually or in-person, during which in-
19
dustry representatives, worker groups, and regional
20
representatives can provide insight into strategic de-
21
velopment prioritization; and
22
(2) establishing an Industry Advisory Board of
23
not more than 10 members appointed by the Presi-
24
dent, which shall include—
25
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(A) an expert in industry competitiveness
1
and national security;
2
(B) a manufacturing trade association rep-
3
resentative;
4
(C) a representative of small business gov-
5
ernment contractors;
6
(D) a manufacturing worker representa-
7
tive;
8
(E) a representative from a private invest-
9
ment firm investing in critical industries and
10
frontier technology; and
11
(F) such other representatives as the
12
President may appoint.
13
(f) ASSESSMENT
OF
NATIONAL
DEVELOPMENT
14
STRATEGY.—In January of each year in which the Com-
15
mittee does not submit a new National Development
16
Strategy as required under subsection (d), the Committee
17
shall submit to the appropriate congressional committees
18
an assessment of the most recently published National De-
19
velopment Strategy, which shall include—
20
(1) an accounting of any new investments made
21
by the Federal Financing Bank or member agencies
22
of the Committee in the preceding year, including
23
ZIP Code, North American Industry Classification
24
System code, and financing stage;
25
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(2) the performance of such investments, in ac-
1
cordance with performance metrics established by
2
the Committee;
3
(3) an assessment of the implementation of the
4
National Development Strategy, including an assess-
5
ment by each agency represented on the Committee,
6
supported by sufficient evidence, of steps taken to
7
align such agencies’ financing, research, and devel-
8
opment activities with the goals of the National De-
9
velopment Strategy; and
10
(4) a determination on whether or not an up-
11
date is needed to the National Development Strategy
12
as a result of a change in assumptions, geopolitical
13
dynamics, or other factors.
14
(g) MEMORANDUM OF COORDINATION WITH FED-
15
ERAL AGENCIES ENGAGED IN INVESTMENT AND FINANC-
16
ING ACTIVITIES.—Not later than 1 year after the date of
17
enactment of this Act, the Committee shall negotiate a
18
memorandum of understanding among the Federal agen-
19
cies represented on the Committee, which shall—
20
(1) establish procedures for—
21
(A) aligning their respective investment
22
and financing authorities to ensure maximum
23
efficiency and comply with the goals of the Na-
24
tional Development Strategy;
25
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(B) resolving conflicts in cases of overlap-
1
ping jurisdiction between their respective agen-
2
cies; and
3
(C) avoiding conflicting or duplicative op-
4
eration of services.
5
(2) be reviewed and updated annually in coordi-
6
nation with the submission of the assessment out-
7
lined in subsection (f).
8
(h) MEETINGS.—The Committee shall meet regularly
9
and as required by the President, but not less frequently
10
than annually.
1
[Text truncated for display. Full text available on Congress.gov.]