[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6571 Engrossed in House (EH)]

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118th CONGRESS
  2d Session
                                H. R. 6571

_______________________________________________________________________

                                 AN ACT


 
  To establish a critical supply chain resiliency and crisis response 
     program in the Department of Commerce, and to secure American 
 leadership in deploying emerging technologies, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Promoting 
Resilient Supply Chains Act of 2023''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Additional responsibilities of Assistant Secretary of Commerce 
                            for Industry and Analysis.
Sec. 3. Critical supply chain resiliency and crisis response program.
Sec. 4. Critical supply chain innovation and best practices.
Sec. 5. Department of Commerce capability assessment.
Sec. 6. Definitions.

SEC. 2. ADDITIONAL RESPONSIBILITIES OF ASSISTANT SECRETARY OF COMMERCE 
              FOR INDUSTRY AND ANALYSIS.

    (a) Additional Responsibilities.--In addition to the 
responsibilities of the Assistant Secretary on the day before the date 
of the enactment of this Act, the Assistant Secretary shall have the 
following responsibilities:
            (1) Promote the leadership of the United States with 
        respect to critical industries, critical supply chains, and 
        emerging technologies 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) Encourage consultation with other agencies, covered 
        nongovernmental representatives, industry, institutions of 
        higher education, and State and local governments in order to--
                    (A) promote resilient critical supply chains; and
                    (B) identify, prepare for, and respond to supply 
                chain shocks to--
                            (i) critical industries;
                            (ii) critical supply chains; and
                            (iii) emerging technologies.
            (3) Encourage the growth and competitiveness of United 
        States productive capacities and manufacturing in the United 
        States of emerging technologies.
            (4) Monitor the resilience, diversity, security, and 
        strength of critical supply chains and critical industries 
        (including critical industries for emerging technologies).
            (5) Support the availability of critical goods from 
        domestic manufacturers, domestic enterprises, and manufacturing 
        operations in countries that are an ally or key international 
        partner nation.
            (6) Assist the Federal Government in preparing for and 
        responding to supply chain shocks to critical supply chains, 
        including by improving flexible manufacturing capacities and 
        capabilities in the United States.
            (7) Consistent with United States obligations under 
        international agreements, encourage and incentivize the reduced 
        reliance of domestic enterprises and domestic manufacturers on 
        critical goods from countries that are described in clause (i) 
        or (ii) of section 6(2)(B).
            (8) Encourage the relocation of manufacturing facilities 
        that manufacture critical goods from countries that are 
        described in clause (i) or (ii) of section 6(2)(B) to the 
        United States and countries that are an ally or key 
        international partner nation to strengthen the resilience, 
        diversity, security, and strength of critical supply chains.
            (9) Support the creation of jobs with competitive wages in 
        the United States manufacturing sector.
            (10) Encourage manufacturing growth and opportunities in 
        rural and underserved communities.
            (11) Promote the health of the economy of the United States 
        and the competitiveness of manufacturing in the United States.
    (b) Capabilities and Technical Support.--In carrying out subsection 
(a), the Assistant Secretary--
            (1) shall establish capabilities to--
                    (A) assess the state of technology, innovation, and 
                production capacity in the United States and other 
                countries; and
                    (B) conduct other activities that the Assistant 
                Secretary considers to be critical for the use of 
                analytic capabilities, statistics, datasets, and 
                metrics related to critical technologies and 
                innovation; and
            (2) may utilize external organizations to provide 
        independent and objective technical support.

SEC. 3. CRITICAL SUPPLY CHAIN RESILIENCY AND CRISIS RESPONSE PROGRAM.

    (a) Establishment.--Not later than 180 days after the date of the 
enactment of this Act, the Assistant Secretary shall establish in the 
Department of Commerce a critical supply chain resiliency and crisis 
response program to conduct the activities described in subsection (b).
    (b) Activities.--In carrying out the program, the Assistant 
Secretary shall conduct activities--
            (1) in coordination with the unified coordination group 
        established under subsection (c), to--
                    (A) map, monitor, and model critical supply chains, 
                including critical supply chains for emerging 
                technologies, which may include--
                            (i) modeling the impact of supply chain 
                        shocks on critical industries (including 
                        critical industries for emerging technologies), 
                        critical supply chains, domestic enterprises, 
                        and domestic manufacturers;
                            (ii) monitoring the demand for and supply 
                        of critical goods, production equipment, and 
                        manufacturing technology needed for critical 
                        supply chains, including critical goods, 
                        production equipment, and manufacturing 
                        technology obtained by or purchased from a 
                        person outside of the United States or imported 
                        into the United States; and
                            (iii) monitoring manufacturing, 
                        warehousing, transportation, and distribution 
                        related to critical supply chains;
                    (B) identify high priority gaps and 
                vulnerabilities, which may include single points of 
                failure, in critical supply chains and critical 
                industries (including critical industries for emerging 
                technologies) that--
                            (i) exist as of the date of the enactment 
                        of this Act; or
                            (ii) are anticipated to occur after the 
                        date of the enactment of this Act;
                    (C) identify potential supply chain shocks to a 
                critical supply chain that may disrupt, strain, 
                compromise, or eliminate the critical supply chain 
                (including supply chains involving emerging 
                technologies);
                    (D) evaluate the capability and capacity of 
                domestic manufacturers or manufacturers located in 
                countries that are an ally or key international partner 
                nation to serve as sources for critical goods, 
                production equipment, or manufacturing technology 
                needed in critical supply chains (including supply 
                chains involving emerging technologies);
                    (E) evaluate the effect on the national security 
                and economic competitiveness of the United States, 
                including on consumer prices, job losses, and wages, 
                that may result from the disruption, strain, 
                compromise, or elimination of a critical supply chain;
                    (F) evaluate the state of the manufacturing 
                workforce, including by--
                            (i) identifying the needs of domestic 
                        manufacturers; and
                            (ii) identifying opportunities to create 
                        high-quality manufacturing jobs; and
                    (G) identify investments in critical goods, 
                production equipment, and manufacturing technology from 
                non-Federal sources;
            (2) in coordination with State and local governments and 
        the unified coordination group established under subsection 
        (c), and, as appropriate, in consultation with countries that 
        are an ally or key international partner nation, to--
                    (A) identify opportunities to reduce gaps and 
                vulnerabilities in critical supply chains and critical 
                industries (including critical industries for emerging 
                technologies);
                    (B) encourage consultation between the Federal 
                Government, industry, covered nongovernmental 
                representatives, institutions of higher education, and 
                State and local governments to--
                            (i) better respond to supply chain shocks 
                        to critical supply chains and critical 
                        industries (including critical industries for 
                        emerging technologies); and
                            (ii) coordinate response efforts to supply 
                        chain shocks;
                    (C) encourage consultation between the Federal 
                Government and the governments of countries that are an 
                ally or key international partner nation;
                    (D) develop or identify opportunities to build the 
                capacity of the United States in critical supply 
                chains, critical industries, and emerging technologies;
                    (E) develop or identify opportunities to build the 
                capacity of countries that are an ally or key 
                international partner nation in critical industries 
                (including critical industries for emerging 
                technologies) and critical supply chains;
                    (F) develop contingency plans and coordination 
                mechanisms to improve the response of critical supply 
                chains and critical industry (including critical 
                industries for emerging technologies) to supply chain 
                shocks; and
                    (G) support methods and technologies, including 
                blockchain technology, distributed ledger technology, 
                and other emerging technologies, as appropriate, for 
                the authentication and traceability of critical goods;
            (3) acting within the authority of the Secretary that 
        exists as of the date of the enactment of this Act, and in 
        consultation with the Secretary of State and the United States 
        Trade Representative, to consult with governments of countries 
        that are an ally or key international partner nation to promote 
        resilient critical supply chains that ensure the supply of 
        critical goods, production equipment, and manufacturing 
        technology to the United States and companies located in 
        countries that are an ally or key international partner nation;
            (4) in consultation with other offices and divisions of the 
        Department of Commerce and other agencies, to leverage existing 
        authorities (as of the date of the enactment of this Act) to 
        encourage the resilience of supply chains of critical 
        industries (including critical industries for emerging 
        technologies); and
            (5) to determine which emerging technologies may assist in 
        conducting the activities described in this subsection and 
        promote such emerging technologies.
    (c) Unified Coordination Group.--In conducting the activities 
described in subsection (b), the Assistant Secretary shall--
            (1) establish a unified coordination group led by the 
        Assistant Secretary, which shall include, as appropriate, 
        private sector partners and covered nongovernmental 
        representatives, to serve as a body for consultation by 
        agencies described in subsection (g) to plan for and respond to 
        supply chain shocks and support the resilience, diversity, 
        security, and strength of critical supply chains;
            (2) establish subgroups of the unified coordination group 
        established under paragraph (1) that shall be led by the head 
        of an appropriate agency; and
            (3) through the unified coordination group established 
        under paragraph (1)--
                    (A) acquire on a voluntary basis technical, 
                engineering, and operational critical supply chain 
                information from the private sector, in a manner that 
                ensures any critical supply chain information provided 
                by the private sector is kept confidential and is 
                exempt from disclosure under section 552(b)(3) of title 
                5, United States Code (commonly known as the ``Freedom 
                of Information Act'');
                    (B) study the critical supply chain information 
                acquired under subparagraph (A) to assess critical 
                supply chains, including critical supply chains for 
                emerging technologies, and inform planning for 
                potential supply chain shocks;
                    (C) convene with relevant private sector entities 
                to share best practices, planning, and capabilities to 
                respond to potential supply chain shocks; and
                    (D) factor in any relevant findings from the 
                studies required by the American COMPETE Act (title XV 
                of division FF of the Consolidated Appropriations Act, 
                2021; Public Law 116-260; 134 Stat. 3276).
    (d) International Cooperation.--The Secretary, in consultation with 
other relevant agencies, may consult with governments of countries that 
are an ally or key international partner nation relating to enhancing 
the security and resilience of critical supply chains in response to 
supply chain shocks.
    (e) Designations.--The Assistant Secretary shall--
            (1) not later than 270 days after the date of the enactment 
        of this Act, designate--
                    (A) critical industries;
                    (B) critical supply chains; and
                    (C) critical goods;
            (2) provide for a period of public comment and review in 
        carrying out paragraph (1); and
            (3) update the designations made under paragraph (1) not 
        less frequently than once every 4 years, including designations 
        for technologies not described in section 6(12)(B) that the 
        Assistant Secretary considers necessary.
    (f) National Strategy and Review on Critical Supply Chain 
Resiliency and Manufacturing in the United States.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, and not less frequently than once 
        every 2 years thereafter, the Assistant Secretary, in 
        consultation with the head of each relevant agency, covered 
        nongovernmental representative, industry, institution of higher 
        education, and State and local government, shall submit to the 
        relevant committees of Congress and post on the website of the 
        Assistant Secretary a report that--
                    (A) identifies--
                            (i) critical infrastructure that may assist 
                        in fulfilling the responsibilities described in 
                        section 2;
                            (ii) emerging technologies that may assist 
                        in fulfilling the responsibilities described in 
                        section 2 and carrying out the program, 
                        including such technologies that may be 
                        critical to addressing preparedness, 
                        weaknesses, and vulnerabilities relating to 
                        critical supply chains;
                            (iii) critical industries, critical supply 
                        chains, and critical goods designated under 
                        subsection (e);
                            (iv) other supplies and services that are 
                        critical to the crisis preparedness of the 
                        United States;
                            (v) substitutes for critical goods, 
                        production equipment, and manufacturing 
                        technology;
                            (vi) methods and technologies, including 
                        blockchain technology, distributed ledger 
                        technology, and other emerging technologies, as 
                        appropriate, for the authentication and 
                        traceability of critical goods; and
                            (vii) countries that are an ally or key 
                        international partner nation;
                    (B) describes the matters identified and evaluated 
                under subsection (b)(1), including--
                            (i) the manufacturing base, critical supply 
                        chains, and emerging technologies in the United 
                        States, including the manufacturing base and 
                        critical supply chains for--
                                    (I) critical goods;
                                    (II) production equipment; and
                                    (III) manufacturing technology; and
                            (ii) the ability of the United States to--
                                    (I) maintain readiness with respect 
                                to preparing for and responding to 
                                supply chain shocks; and
                                    (II) in response to a supply chain 
                                shock--
                                            (aa) surge production in 
                                        critical industries;
                                            (bb) surge production of 
                                        critical goods and production 
                                        equipment; and
                                            (cc) maintain access to 
                                        critical goods, production 
                                        equipment, and manufacturing 
                                        technology;
                    (C) assesses and describes--
                            (i) the demand and supply of critical 
                        goods, production equipment, and manufacturing 
                        technology;
                            (ii) the production of critical goods, 
                        production equipment, and manufacturing 
                        technology by domestic manufacturers;
                            (iii) the capability and capacity of 
                        domestic manufacturers and manufacturers in 
                        countries that are an ally or key international 
                        partner nation to manufacture critical goods, 
                        production equipment, and manufacturing 
                        technology; and
                            (iv) how supply chain shocks could affect 
                        rural, Tribal, and underserved communities;
                    (D) identifies threats and supply chain shocks that 
                may disrupt, strain, compromise, or eliminate critical 
                supply chains, critical goods, and critical industries 
                (including critical industries for emerging 
                technologies);
                    (E) with regard to any threat identified under 
                subparagraph (D), lists any threat or supply chain 
                shock that may originate from a country, or a company 
                or individual from a country, that is described in 
                clause (i) or (ii) of section 6(2)(B);
                    (F) assesses--
                            (i) the resilience and capacity of the 
                        manufacturing base, critical supply chains, and 
                        workforce of the United States and countries 
                        that are an ally or key international partner 
                        nation that can sustain critical industries 
                        (including critical industries for emerging 
                        technologies) through a supply chain shock;
                            (ii) the effect innovation has on domestic 
                        manufacturers; and
                            (iii) any single points of failure in the 
                        critical supply chains described in clause (i);
                    (G) with respect to countries that are an ally or 
                key international partner nation, reviews the sourcing 
                of critical goods, production equipment, and 
                manufacturing technology associated with critical 
                industries located in such countries;
                    (H) assesses the flexible manufacturing capacity 
                and capability available in the United States in the 
                case of a supply chain shock; and
                    (I) develops a strategy for the Department of 
                Commerce to support the resilience, diversity, 
                security, and strength of critical supply chains and 
                emerging technologies to--
                            (i) support sufficient access to critical 
                        goods by mitigating vulnerabilities in critical 
                        supply chains, including critical supply chains 
                        concentrated in countries that are described in 
                        clause (i) or (ii) of section 6(2)(B);
                            (ii) consult with other relevant agencies 
                        to assist countries that are an ally or key 
                        international partner nation in building 
                        capacity for manufacturing critical goods;
                            (iii) recover from supply chain shocks;
                            (iv) identify, in consultation with other 
                        relevant agencies, actions relating to critical 
                        supply chains or emerging technologies that the 
                        United States may take to--
                                    (I) raise living standards;
                                    (II) increase employment 
                                opportunities; and
                                    (III) improve responses to supply 
                                chain shocks;
                            (v) protect against supply chain shocks 
                        relating to critical supply chains from 
                        countries that are described in clause (i) or 
                        (ii) of section 6(2)(B);
                            (vi) support methods and technologies, 
                        including blockchain technology, distributed 
                        ledger technologies, and other emerging 
                        technologies, as appropriate, for the 
                        authentication and traceability of critical 
                        goods; and
                            (vii) make specific recommendations to 
                        implement the strategy under this section and 
                        improve the security and resiliency of 
                        manufacturing capacity and supply chains for 
                        critical industries (including critical 
                        industries for emerging technologies), by--
                                    (I) developing long-term 
                                strategies;
                                    (II) increasing visibility into the 
                                networks and capabilities of domestic 
                                manufacturers and suppliers of domestic 
                                manufacturers;
                                    (III) identifying industry best 
                                practices;
                                    (IV) evaluating how diverse 
                                supplier networks, multi-platform and 
                                multi-region production capabilities 
                                and sources, and integrated global and 
                                regional critical supply chains can 
                                enhance the resilience of--
                                            (aa) critical industries in 
                                        the United States;
                                            (bb) emerging technologies 
                                        in the United States;
                                            (cc) jobs in the United 
                                        States;
                                            (dd) manufacturing 
                                        capabilities of the United 
                                        States; and
                                            (ee) the access of the 
                                        United States to critical goods 
                                        during a supply chain shock;
                                    (V) identifying and mitigating 
                                risks, including--
                                            (aa) significant 
                                        vulnerabilities to supply chain 
                                        shocks; and
                                            (bb) exposure to gaps and 
                                        vulnerabilities in domestic 
                                        capacity or capabilities and 
                                        sources of imports needed to 
                                        sustain critical industries 
                                        (including critical industries 
                                        for emerging technologies) or 
                                        critical supply chains;
                                    (VI) identifying enterprise 
                                resource planning systems that are--
                                            (aa) compatible across 
                                        critical supply chain tiers; 
                                        and
                                            (bb) affordable for all 
                                        sizes of business and for 
                                        startups;
                                    (VII) understanding the total cost 
                                of ownership, total value contribution, 
                                and other best practices that encourage 
                                strategic partnerships throughout 
                                critical supply chains;
                                    (VIII) understanding Federal 
                                procurement opportunities to increase 
                                resilient critical supply chains and 
                                fill gaps in domestic purchasing;
                                    (IX) identifying opportunities to 
                                consult with countries that are an ally 
                                or key international partner nation to 
                                build more resilient critical supply 
                                chains and mitigate risks;
                                    (X) identifying opportunities to 
                                reuse and recycle critical goods, 
                                including raw materials, to increase 
                                resilient critical supply chains;
                                    (XI) consulting with countries that 
                                are an ally or key international 
                                partner nation on--
                                            (aa) sourcing critical 
                                        goods, production equipment, 
                                        and manufacturing technology; 
                                        and
                                            (bb) developing, 
                                        sustaining, and expanding 
                                        production and availability of 
                                        critical goods, production 
                                        equipment, and manufacturing 
                                        technology during a supply 
                                        chain shock;
                                    (XII) identifying such other 
                                services as the Assistant Secretary 
                                determines necessary; and
                                    (XIII) providing guidance to other 
                                relevant agencies with respect to 
                                critical goods, supply chains, and 
                                critical industries (including critical 
                                industries for emerging technologies) 
                                that should be prioritized to ensure 
                                United States leadership in the 
                                deployment of such technologies.
            (2) Prohibition.--The report submitted under paragraph (1) 
        may not include--
                    (A) critical supply chain information that is not 
                aggregated;
                    (B) confidential business information of a private 
                sector entity; or
                    (C) classified information.
            (3) Form.--The report submitted under paragraph (1), and 
        any update submitted thereafter, shall be submitted to the 
        relevant committees of Congress in unclassified form and may 
        include a classified annex.
            (4) Public comment.--The Assistant Secretary shall provide 
        for a period of public comment and review in developing the 
        report submitted under paragraph (1).
    (g) Consultation.--Not later than 1 year after the date of the 
enactment of this Act, the Assistant Secretary shall enter into an 
agreement with the head of any relevant agency to obtain any 
information, data, or assistance that the Assistant Secretary 
determines necessary to conduct the activities described in subsection 
(b).
    (h) Rule of Construction.--Nothing in this section may be construed 
to require any private entity--
            (1) to share information with the Secretary or Assistant 
        Secretary;
            (2) to request assistance from the Secretary or Assistant 
        Secretary; or
            (3) to implement any measure or recommendation suggested by 
        the Secretary or Assistant Secretary in response to a request 
        by the private entity.
    (i) Protection of Voluntarily Shared Critical Supply Chain 
Information.--
            (1) Protection.--
                    (A) In general.--Notwithstanding any other 
                provision of law, critical supply chain information 
                (including the identity of the submitting person or 
                entity) that is voluntarily submitted under this 
                section to the Department of Commerce for use by the 
                Department for purposes of this section, when 
                accompanied by an express statement specified in 
                subparagraph (B)--
                            (i) shall be exempt from disclosure under 
                        section 552(b)(3) of title 5, United States 
                        Code (commonly referred to as the ``Freedom of 
                        Information Act'');
                            (ii) is not subject to any agency rules or 
                        judicial doctrine regarding ex parte 
                        communications with a decision making official;
                            (iii) may not, without the written consent 
                        of the person or entity submitting such 
                        information, be used directly by the Department 
                        of Commerce, any other Federal, State, or local 
                        authority, or any third party, in any civil 
                        action arising under Federal or State law if 
                        such information is submitted in good faith;
                            (iv) may not, without the written consent 
                        of the person or entity submitting such 
                        information, be used or disclosed by any 
                        officer or employee of the United States for 
                        purposes other than the purposes of this 
                        section, except--
                                    (I) in furtherance of an 
                                investigation or the prosecution of a 
                                criminal act; or
                                    (II) when disclosure of the 
                                information would be--
                                            (aa) to either House of 
                                        Congress, or to the extent of 
                                        matter within its jurisdiction, 
                                        any committee or subcommittee 
                                        thereof, any joint committee 
                                        thereof, or any subcommittee of 
                                        any such joint committee; or
                                            (bb) to the Comptroller 
                                        General of the United States, 
                                        or any authorized 
                                        representative of the 
                                        Comptroller General, in the 
                                        course of the performance of 
                                        the duties of the Government 
                                        Accountability Office;
                            (v) may not, if provided to a State or 
                        local government or government agency--
                                    (I) be made available pursuant to 
                                any State or local law requiring 
                                disclosure of information or records;
                                    (II) otherwise be disclosed or 
                                distributed to any party by such State 
                                or local government or government 
                                agency without the written consent of 
                                the person or entity submitting such 
                                information; or
                                    (III) be used other than for the 
                                purpose of carrying out this section, 
                                or in furtherance of an investigation 
                                or the prosecution of a criminal act; 
                                and
                            (vi) does not constitute a waiver of any 
                        applicable privilege or protection provided 
                        under law, such as trade secret protection.
                    (B) Express statement.--The express statement 
                described in this subparagraph, with respect to 
                information or records, is--
                            (i) in the case of written information or 
                        records, a written marking on the information 
                        or records substantially similar to the 
                        following: ``This information is voluntarily 
                        submitted to the Federal Government in 
                        expectation of protection from disclosure as 
                        provided by the provisions of the Promoting 
                        Resilient Supply Chains Act of 2023.''; or
                            (ii) in the case of oral information, a 
                        written statement similar to the statement 
                        described in clause (i) submitted within a 
                        reasonable period following the oral 
                        communication.
            (2) Limitation.--No communication of critical supply chain 
        information to the Department of Commerce made pursuant to this 
        section may be considered to be an action subject to the 
        requirements of chapter 10 of title 5, United States Code.
            (3) Independently obtained information.--Nothing in this 
        subsection may be construed to limit or otherwise affect the 
        ability of a State, local, or Federal Government entity, 
        agency, or authority, or any third party, under applicable law, 
        to obtain critical supply chain information in a manner not 
        covered by paragraph (1), including any information lawfully 
        and properly disclosed generally or broadly to the public and 
        to use such information in any manner permitted by law. For 
        purposes of this subsection a permissible use of independently 
        obtained information includes the disclosure of such 
        information under section 2302(b)(8) of title 5, United States 
        Code.
            (4) Treatment of voluntary submittal of information.--The 
        voluntary submittal to the Department of Commerce of 
        information or records that are protected from disclosure by 
        this section may not be construed to constitute compliance with 
        any requirement to submit such information to an agency under 
        any other provision of law.
            (5) Inapplicability to semiconductor incentive program.--
        This subsection does not apply to the voluntary submission of 
        critical supply chain information in an application for Federal 
        financial assistance under section 9902 of the William M. (Mac) 
        Thornberry National Defense Authorization Act for Fiscal Year 
        2021 (Public Law 116-283).
    (j) Sunset.--The program shall terminate not later than the date 
that is 7 years after the date of the enactment of this Act.

SEC. 4. CRITICAL SUPPLY CHAIN INNOVATION AND BEST PRACTICES.

    (a) In General.--The Assistant Secretary shall, on an ongoing 
basis, facilitate and support the development and dissemination of 
guidelines, best practices, management strategies, methodologies, 
procedures, and processes for domestic manufacturers, domestic 
enterprises, and other entities manufacturing, procuring, or using a 
critical good to--
            (1) measure the resilience, diversity, security, and 
        strength of the critical supply chains of such manufacturers, 
        enterprises, and entities;
            (2) quantify the value of improved resilience, diversity, 
        security, and strength of critical supply chains to such 
        manufacturers, enterprises, and entities;
            (3) design and implement measures to reduce the risks of 
        disruption, strain, compromise, or elimination of critical 
        supply chains of such manufacturers, enterprises, and entities; 
        and
            (4) support the authentication and traceability of critical 
        goods using blockchain technology, distributed ledger 
        technologies, and other emerging technologies as appropriate.
    (b) Requirements.--In carrying out subsection (a), the Assistant 
Secretary shall do the following:
            (1) Consult closely and regularly with relevant private 
        sector personnel and entities, manufacturing extension centers 
        established as part of the Hollings Manufacturing Extension 
        Partnership, Manufacturing USA institutes as described in 
        section 34(d) of the National Institute of Standards and 
        Technology Act (15 U.S.C. 278s(d)), and other relevant 
        stakeholders and incorporate industry expertise.
            (2) Consult with the heads of relevant agencies (including 
        agencies with jurisdiction over critical supply chains), 
        States, local governments, Tribal Governments, countries that 
        are an ally or key international partner nation, and 
        international organizations, as necessary.
            (3) Collaborate with private sector stakeholders to 
        identify prioritized, flexible, repeatable, performance-based, 
        and cost-effective critical supply chain resilience approaches 
        that may be voluntarily adopted by domestic manufacturers, 
        domestic enterprises, and other entities manufacturing, 
        procuring, or using a critical good to achieve the goals of 
        subsection (a).
            (4) Facilitate the design of--
                    (A) voluntary processes for selecting suppliers 
                that support the resilience, diversity, security, and 
                strength of critical supply chains; and
                    (B) methodologies to identify and mitigate the 
                effects of a disruption, strain, compromise, or 
                elimination of a critical supply chain.
            (5) Facilitate the identification or application of methods 
        and technologies, including blockchain technology, distributed 
        ledger technologies, and other emerging technologies as 
        appropriate, for the authentication and traceability of 
        critical goods.
            (6) Disseminate research and information to assist domestic 
        manufacturers redesign products, expand domestic manufacturing 
        capacity, and improve other capabilities as required to improve 
        the resilience, diversity, security, and strength of critical 
        supply chains.
            (7) Incorporate relevant industry best practices.
            (8) Consider the private sector, including small 
        businesses.
            (9) Leverage mechanisms that exist as of the date of the 
        enactment of this Act for the Federal Government to provide 
        critical supply chain solutions (including manufacturing 
        technology, products, tools, and workforce development 
        solutions related to critical supply chain resilience) to 
        manufacturers, including small and medium-sized manufacturers.
    (c) Rule of Construction.--Nothing in this section may be construed 
to--
            (1) require any private entity to share information with 
        the Secretary or Assistant Secretary;
            (2) require any private entity to request assistance from 
        the Secretary or Assistant Secretary;
            (3) require any private entity to implement any measure or 
        recommendation suggested by the Secretary or Assistant 
        Secretary in response to a request by the private entity; or
            (4) require the adoption of any guideline, best practice, 
        management strategy, methodology, procedure, or process 
        described in subsection (a).

SEC. 5. DEPARTMENT OF COMMERCE CAPABILITY ASSESSMENT.

    (a) Report Required.--The Secretary shall produce a report--
            (1) identifying the duties, responsibilities, resources, 
        programs, and expertise within the offices and bureaus of the 
        Department of Commerce relevant to critical supply chain 
        resilience and manufacturing innovation;
            (2) identifying and assessing the purpose, legal authority, 
        effectiveness, efficiency, and limitations of each office or 
        bureau identified under paragraph (1); and
            (3) providing recommendations to enhance the activities 
        related to critical supply chain resilience and manufacturing 
        innovation of the Department of Commerce, including--
                    (A) improving the effectiveness, efficiency, and 
                impact of the offices and bureaus identified under 
                paragraph (1);
                    (B) coordination across offices and bureaus 
                identified under paragraph (1); and
                    (C) consultation with agencies implementing similar 
                activities related to critical supply chain resilience 
                and manufacturing innovation.
    (b) Submission of Report.--Not later than 2 years after the date of 
the enactment of this Act, the Secretary shall submit to the relevant 
committees of Congress the report required by subsection (a), along 
with a strategy to implement, as appropriate and as determined by the 
Secretary, the recommendations contained in the report.

SEC. 6. DEFINITIONS.

    In this Act:
            (1) Agency.--The term ``agency'' has the meaning given that 
        term in section 551 of title 5, United States Code.
            (2) Ally or key international partner nation.--The term 
        ``ally or key international partner nation''--
                    (A) means a country that is critical to addressing 
                critical supply chain weaknesses and vulnerabilities; 
                and
                    (B) does not include--
                            (i) a country that poses a significant risk 
                        to the national security or economic security 
                        of the United States; or
                            (ii) a country that is described in section 
                        503(b) of the RANSOMWARE Act (title V of 
                        division BB of the Consolidated Appropriations 
                        Act, 2023; Public Law 117-328; 136 Stat. 5564).
            (3) Assistant secretary.--The term ``Assistant Secretary'' 
        means the Assistant Secretary of Commerce assigned by the 
        Secretary to direct the office of Industry and Analysis.
            (4) Covered nongovernmental representative.--The term 
        ``covered nongovernmental representative'' means a 
        representative as specified in the second sentence of section 
        135(b)(1) of the Trade Act of 1974 (19 U.S.C. 2155(b)(1)), 
        except that such term does not include a representative of a 
        non-Federal government.
            (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 for which an absence of 
        supply would have a significant effect on--
                    (A) the national security or economic security of 
                the United States; and
                    (B) either--
                            (i) critical infrastructure; or
                            (ii) an emerging technology.
            (6) Critical industry.--The term ``critical industry'' 
        means an industry that--
                    (A) is critical for the national security or 
                economic security of the United States; and
                    (B) produces or procures a critical good.
            (7) Critical infrastructure.--The term ``critical 
        infrastructure'' has the meaning given that term in section 
        1016 of the Critical Infrastructures Protection Act of 2001 (42 
        U.S.C. 5195c).
            (8) Critical supply chain.--The term ``critical supply 
        chain'' means a supply chain for a critical good.
            (9) Critical supply chain information.--The term ``critical 
        supply chain information'' means information that is not 
        customarily in the public domain and relates to--
                    (A) sustaining and adapting a critical supply chain 
                during a supply chain shock;
                    (B) critical supply chain risk mitigation and 
                recovery planning with respect to a supply chain shock, 
                including any planned or past assessment, projection, 
                or estimate of a vulnerability within the critical 
                supply chain, including testing, supplier network 
                assessments, production flexibility, risk evaluations, 
                risk management planning, or risk audits; or
                    (C) operational best practices, planning, and 
                supplier partnerships that enable enhanced resilience 
                of a critical supply chain during a supply chain shock, 
                including response, repair, recovery, reconstruction, 
                insurance, or continuity.
            (10) Domestic enterprise.--The term ``domestic enterprise'' 
        means an enterprise that conducts business in the United States 
        and procures a critical good.
            (11) Domestic manufacturer.--The term ``domestic 
        manufacturer'' means a business that conducts in the United 
        States the research and development, engineering, or production 
        activities necessary for manufacturing a critical good.
            (12) Emerging technology.--The term ``emerging technology'' 
        means a technology that is critical for the national security 
        or economic security of the United States, including the 
        following:
                    (A) Technologies included in the American COMPETE 
                Act (title XV of division FF of the Consolidated 
                Appropriations Act, 2021; Public Law 116-260; 134 Stat. 
                3276).
                    (B) The following technologies:
                            (i) Artificial intelligence.
                            (ii) Automated vehicles and unmanned 
                        delivery systems.
                            (iii) Blockchain and other distributed 
                        ledger, data storage, data management, and 
                        cybersecurity technologies.
                            (iv) Quantum computing and quantum sensing.
                            (v) Additive manufacturing.
                            (vi) Advanced manufacturing and the 
                        Internet of Things.
                            (vii) Nano technology.
                            (viii) Robotics.
                            (ix) Microelectronics, optical fiber ray, 
                        and high performance and advanced computer 
                        hardware and software.
                            (x) Semiconductors.
                            (xi) Advanced materials science, including 
                        composition 2D, other next generation 
                        materials, and related manufacturing 
                        technologies.
            (13) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given that 
        term in section 101 of the Higher Education Act of 1965 (20 
        U.S.C. 1001).
            (14) Manufacture.--The term ``manufacture'' means any 
        activity that is necessary for the development, production, 
        processing, distribution, or delivery of any raw, in process, 
        or manufactured material (including any mineral, metal, and 
        advanced processed material), article, commodity, supply, 
        product, critical good, or item of supply.
            (15) Manufacturing technology.--The term ``manufacturing 
        technology'' means a technology that is necessary for the 
        manufacturing of a critical good.
            (16) Production equipment.--The term ``production 
        equipment'' means any component, subsystem, system, equipment, 
        tooling, accessory, part, or assembly necessary for the 
        manufacturing of a critical good.
            (17) Program.--The term ``program'' means the critical 
        supply chain resiliency and crisis response program established 
        under section 3(a).
            (18) Relevant committees of congress.--The term ``relevant 
        committees of Congress'' means the following:
                    (A) The Committee on Commerce, Science, and 
                Transportation of the Senate.
                    (B) The Committee on Energy and Commerce of the 
                House of Representatives.
            (19) Resilient critical supply chain.--The term ``resilient 
        critical supply chain'' means a critical supply chain that--
                    (A) ensures that the United States can sustain 
                critical industry, including emerging technologies, 
                production, critical supply chains, services, and 
                access to critical goods, production equipment, and 
                manufacturing technology during a supply chain shock; 
                and
                    (B) has key components of resilience that include--
                            (i) effective private sector risk 
                        management and mitigation planning to sustain 
                        critical supply chains and supplier networks 
                        during a supply chain shock; and
                            (ii) minimized or managed exposure to a 
                        supply chain shock.
            (20) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
            (21) State.--The term ``State'' means each of the several 
        States, the District of Columbia, each commonwealth, territory, 
        or possession of the United States, and each federally 
        recognized Indian Tribe.
            (22) Supply chain shock.--The term ``supply chain shock'' 
        includes the following:
                    (A) A natural disaster.
                    (B) A pandemic.
                    (C) A biological threat.
                    (D) A cyber attack.
                    (E) A great power conflict.
                    (F) A terrorist or geopolitical attack.
                    (G) 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; 42 
                U.S.C. 5191).
                    (H) Any other disruption or threat to a critical 
                supply chain that affects the national security or 
                economic security of the United States.

            Passed the House of Representatives May 15, 2024.

            Attest:

                                                                 Clerk.
118th CONGRESS

  2d Session

                               H. R. 6571

_______________________________________________________________________

                                 AN ACT

  To establish a critical supply chain resiliency and crisis response 
     program in the Department of Commerce, and to secure American 
 leadership in deploying emerging technologies, and for other purposes.