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

<DOC>






118th CONGRESS
  1st Session
                                H. R. 6571

  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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 4, 2023

   Mr. Bucshon (for himself and Ms. Blunt Rochester) introduced the 
   following bill; which was referred to the Committee on Energy and 
                                Commerce

_______________________________________________________________________

                                 A BILL


 
  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.

    This Act may be cited as the ``Promoting Resilient Supply Chains 
Act of 2023''.

SEC. 2. DEFINITIONS.

    (a) Definitions.--In this section:
            (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 countries that are critical to addressing 
                critical supply chain weaknesses and vulnerabilities; 
                and
                    (B) does not include--
                            (i) a country that poses a significant 
                        national security or economic security risk to 
                        the United States; or
                            (ii) a country that is described in section 
                        503(b) of the RANSOMWARE Act (Public Law 117-
                        238: 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) 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 the absence of 
        which 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) emerging technologies
            (5) Critical industry.--The term ``critical industry'' 
        means an industry that is critical for the national security or 
        economic security of the United States, considering critical 
        goods.
            (6) 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).
            (7) Critical supply chain.--The term ``critical supply 
        chain'' means a critical supply chain for a critical good.
            (8) Critical supply chain information.--The term ``critical 
        supply chain information'' means information that is not 
        customarily in the public domain and relating to--
                    (A) sustaining and adapting supply chains 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 critical supply chains during a supply chain shock, 
                including response, repair, recovery, reconstruction, 
                insurance, or continuity.
            (9) Domestic enterprise.--The term ``domestic enterprise'' 
        means an enterprise that conducts business in the United States 
        and procures a critical good.
            (10) Domestic manufacturer.--The term ``domestic 
        manufacturer'' means a business that conducts in the United 
        States the engineering, or production activities necessary for 
        manufacturing.
            (11) Emerging technology.--The term ``emerging technology'' 
        means technologies that are critical for the national security 
        and economic security of the United States, including--
                    (A) technologies included in the American COMPETE 
                Act (Public Law 116-260; 134 Stat. 3276); and
                    (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 gen materials, and 
                        related manufacturing technologies.
            (12) 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)).
            (13) 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.
            (14) Manufacturing technology.--The term ``manufacturing 
        technology'' means technologies that are necessary for the 
        manufacturing of a critical good.
            (15) Non-governmental organization.--The term ``non-
        governmental organization'' means organizations that are 
        described in section 2155(b) of title 19 of U.S. Code, 
        excluding non-federal governments.
            (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 program established pursuant to section 
        4.
            (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 critical industries for 
                emerging technologies), production, critical supply 
                chains, services, and access to critical goods, 
                production equipment, and manufacturing technology 
                during supply chain shocks; 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;
                            (ii) minimized or managed exposure to 
                        supply chain shocks; and
            (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 and 
                5191).
                    (H) Any other critical supply chain disruption or 
                threat that affects the national security or economic 
                security of the United States.

SEC. 3. RESPONSIBILITIES ASSIGNED TO ASSISTANT SECRETARY.

    (a) Additional Responsibilities.--The Assistant Secretary shall 
have the following additional 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 Federal agencies, and 
        partnerships with non-governmental organizations, 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 industry;
                            (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, critical industries and 
        emerging technologies.
            (5) Support the availability of critical goods from 
        domestic manufacturers, domestic enterprises, and manufacturing 
        operations in the United States and in countries that are 
        allies or key international partner nations.
            (6) Assist the Federal Government in preparing for and 
        responding to critical supply chain shocks, including by 
        improving the 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 entities and domestic manufacturers on 
        critical goods from countries of concern.
            (8) Encourage the relocation of manufacturing facilities 
        that manufacture critical goods from countries of concern to 
        the United States and countries that are allies and key 
        international partner nations 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) Expertise and Staffing.--In executing the responsibilities 
under 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 
                nations; and
                    (B) conduct other activities deemed 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. 4. CRITICAL SUPPLY CHAIN RESILIENCY AND CRISIS RESPONSE PROGRAM.

    (a) Establishment.--Not later than 180 days after the date of 
enactment of this Act, the Assistant Secretary shall establish in the 
Department of Commerce a supply chain resiliency program to carry out 
the activities described in subsection (b).
    (b) Activities.--Under the program, the Assistant Secretary shall 
carry out activities--
            (1) in coordination with the coordination group established 
        under subsection (c), to--
                    (A) map, monitor, and model critical supply chains, 
                including emerging technology supply chains, 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 and services, production 
                        equipment, and manufacturing technology needed 
                        for critical supply chains, including critical 
                        goods and services, production equipment, and 
                        manufacturing technology obtained 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; and
                    (B) identify high priority critical supply chain 
                gaps and vulnerabilities, which may include single 
                points of failure in critical supply chains, critical 
                industries, and emerging technologies that--
                            (i) exist as of the date of the enactment 
                        of this section; or
                            (ii) are anticipated in the future;
                    (C) identify potential supply chain shocks that may 
                disrupt, strain, compromise, or eliminate a critical 
                supply chain, including emerging technology supply 
                chains;
                    (D) evaluate the capability and capacity of 
                domestic manufacturers or manufacturers located in 
                countries that are allies or key international partner 
                nations to serve as sources for critical goods, 
                production equipment, or manufacturing technology 
                needed in critical supply chains, including emerging 
                technology supply chains;
                    (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 the State and local governments, 
        and the coordination group established under subsection (c), 
        and, as appropriate, in cooperation with the governments of 
        countries that are allies or key international partner nations 
        of the United States, to--
                    (A) identify opportunities to reduce critical 
                supply chain gaps and vulnerabilities in critical 
                supply chains, critical industries, and emerging 
                technologies;
                    (B) encourage consultation between the Federal 
                Government, and partnerships between industry, non-
                governmental organizations, institutions of higher 
                education, and State and local governments to--
                            (i) better respond to supply chain shocks 
                        to critical supply chains, critical industries, 
                        and emerging technologies; and
                            (ii) coordinate response efforts;
                    (C) encourage consultation between the Federal 
                Government and the governments of countries that are 
                allies or key international partner nations of the 
                United States;
                    (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 allies or key 
                international partner nations of the United States in 
                critical industries (including critical industries for 
                emerging technologies), and critical supply chains;
                    (F) develop contingency plans and coordination 
                mechanisms to improve critical supply chain, critical 
                industry, and emerging technology supply chain response 
                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 existing authorities of the 
        Department of Commerce, and in consultation with the Secretary 
        of State and the United States Trade Representative, consult 
        with governments of countries that are allies or key 
        international partner nations of the United States to promote 
        diversified and resilient critical supply chains that ensure 
        the supply of critical goods, production equipment, and 
        manufacturing technology to the United States and companies of 
        countries that are allies or key international partner nations 
        of the United States;
            (4) consult with other offices and divisions of the 
        Department of Commerce and other Federal 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 and emerging technologies; and
            (5) to determine what emerging technologies may assist in 
        accomplishing the activities described in this subsection and 
        promote emerging technologies.
    (c) Coordination Group.--In carrying out the applicable activities 
under subsection (a), the Assistant Secretary shall--
            (1) establish a unified coordination group led by the 
        Assistant Secretary, which shall include, as appropriate, 
        private sector partners, and non-governmental organizations, to 
        serve as a body for consultation among agencies described under 
        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 
        if established under paragraph (1), 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 chain, including emerging technology supply 
                chain resilience, and inform planning;
                    (C) convene with relevant private sector entities 
                to share best practices, planning, and capabilities to 
                respond to potential supply chain shocks;
                    (D) develop contingency plans and coordination 
                mechanisms to ensure an effective and coordinated 
                response to potential supply chain shocks; and
                    (E) factor in any relevant findings from the 
                studies required in the American COMPETE Act (Public 
                Law 116-260; 134 Stat. 3276).
            (4) International cooperation.--The Secretary, in 
        consultation with other relevant Federal agencies, may consult 
        with governments of countries that are allies or key 
        international partner nations of the United States relating to 
        enhancing the security and resilience of critical supply chains 
        in response to supply chain shocks.
    (d) 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 four years, including 
        designations for technologies not provided in the initial list 
        described in section 2(a)(11)(B) that the Assistant Secretary 
        deems necessary.
    (e) 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 section, and not less than once every 2 
        years thereafter, the Assistant Secretary, in consultation with 
        the head of each relevant agency, non-governmental 
        organization, industry, institutions of higher education, and 
        State and local governments, 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 3;
                            (ii) emerging technologies that may assist 
                        in fulfilling the responsibilities described in 
                        section 3 and the program described in 
                        subsection (a), and such technologies that may 
                        be critical to addressing critical supply chain 
                        preparedness, weaknesses, and vulnerabilities;
                            (iii) critical industries, critical supply 
                        chains, and critical goods designated under 
                        section 4(d);
                            (iv) other goods, 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 critical to 
                        addressing critical supply chain weaknesses and 
                        vulnerabilities;
                    (B) describes the matters identified and evaluated 
                pursuant to section 4(b)(1), including--
                            (i) the manufacturing base and critical 
                        supply chains and emerging technologies in the 
                        United States, including the manufacturing base 
                        and critical supply chains for--
                                    (I) essential materials;
                                    (II) production equipment;
                                    (III) critical goods, including raw 
                                materials, microelectronics and 
                                semiconductors, and rare earth 
                                permanent magnets, that are essential 
                                to the production of technologies and 
                                supplies for critical industries, 
                                including emerging technologies; and
                                    (IV) manufacturing technology;
                            (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) an assessment and description of--
                            (i) demand and supply of critical goods, 
                        production equipment, and manufacturing 
                        technology;
                            (ii) 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 allies or key international 
                        partner nations of the United States 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 emerging technologies;
                    (E) with regard to any threat identified in 
                subparagraph (D), lists any threat or supply chain 
                shock that may originate from a country, company, or 
                individual from such country that--
                            (i) is described in section 503(b) of the 
                        RANSOMWARE Act (Public Law 117-238: 136 Stat. 
                        5564); or
                            (ii) poses a significant national security 
                        or economic security threat to the United 
                        States;
                    (F) assesses--
                            (i) the resilience and capacity of the 
                        manufacturing base, critical supply chains, and 
                        workforce of the United States and allies and 
                        key international partner nations that can 
                        sustain critical industries, including emerging 
                        technologies, through a supply chain shock;
                            (ii) the effect innovation has on domestic 
                        manufacturing; and
                            (iii) any single points of failure in the 
                        critical supply chains described in clause (i);
                    (G) with respect to countries that are allies or 
                key international partner nations of the United States, 
                review the sourcing of critical goods, production 
                equipment, and manufacturing technology associated with 
                critical industries from those countries;
                    (H) assesses the flexible manufacturing capacity 
                and capability available in the United States in the 
                case of a supply chain shock;
                    (I) develop 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 critical supply chain 
                        vulnerabilities, including critical supply 
                        chains concentrated in countries of concern.
                            (ii) Collaborate with other relevant 
                        Federal agencies to assist allies or key 
                        international partner nations build capacity 
                        for manufacturing critical goods.
                            (iii) Recover from supply chain shocks.
                            (iv) Identify, in consultation with other 
                        relevant Federal agencies, actions relating to 
                        critical supply chains with which the United 
                        States might--
                                    (I) raise living standards;
                                    (II) increase employment 
                                opportunities; and
                                    (III) improve response to supply 
                                chain shocks.
                            (v) Protect against supply chain shocks 
                        from countries of concern relating to critical 
                        supply chains.
                            (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.
                            (vii) Make specific recommendations to 
                        effectuate the strategy under this section and 
                        improve the security and resiliency of 
                        manufacturing capacity and supply chains for 
                        critical industries, including emerging 
                        technologies, by--
                                    (I) developing long-term 
                                strategies;
                                    (II) increasing visibility into the 
                                networks and capabilities of suppliers 
                                and 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 
                                resiliency of critical supply chains 
                                for goods and services and fill gaps in 
                                domestic purchasing;
                                    (IX) identifying opportunities to 
                                consult with allies or key 
                                international partner nations of the 
                                United States to build more resilient 
                                critical supply chains and mitigate 
                                risks;
                                    (X) identifying opportunities to 
                                reuse and recycle critical goods, 
                                including raw materials, to increase 
                                the resilience of critical supply 
                                chains;
                                    (XI) consulting with countries 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;
                                    (XIII) provides guidance to the 
                                Department of Commerce and other 
                                relevant agencies with respect to 
                                technologies and supplies 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) Consultation.--Not later than 1 year after the date of 
        enactment of this Act, the Assistant Secretary shall enter into 
        agreements with the head of any relevant Federal agency to 
        obtain any information, data, or assistance that the Assistant 
        Secretary determines to be necessary for developing the report.
            (4) Form.--The report, and any update submitted thereafter, 
        shall be submitted to the Committee on Energy and Commerce of 
        the House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate in unclassified form 
        and may include a classified annex.
            (5) Public comment.--The Assistant Secretary shall provide 
        for a period of public comment and review in developing the 
        report.
            (6) With regard to any threat identified in subparagraph 
        (C), lists any threat that may originate from a country, 
        company, or individual from such country that--
                    (A) is described in section 503(b) of the 
                RANSOMWARE Act (Public Law 117-238: 136 Stat. 5564); or
                    (B) poses a significant national security or 
                economic security threat to the United States.
    (f) Report to Congress.--Concurrent with the annual submission by 
the President of the budget under section 1105 of title 31, United 
States Code, the Secretary 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 post on the website of 
the Assistant Secretary a report that contains a summary of every 
activity carried out under this Act during the year covered by the 
report. Such report shall be submitted in unclassified form and may 
include a classified annex.
    (g) Consultation.--In implementing the program, the Assistant 
Secretary may, as appropriate, consult with the heads of relevant 
Federal agencies.
    (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 entity) that 
                is voluntarily submitted by a private entity 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 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 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 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 _______ 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 by a private entity 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 established under this section shall 
terminate no later than 7 years after the date of enactment of this 
Act.

SEC. 5. CRITICAL SUPPLY CHAIN INNOVATION AND BEST PRACTICES.

    (a) In General.--Subject to the availability of appropriations, 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 and entities manufacturing, purchasing, or using 
a critical good to--
            (1) measure the resilience, diversity, security, and 
        strength of the critical supply chains of such manufacturers 
        and entities;
            (2) quantify the value of improved resilience, diversity, 
        security, and strength of critical supply chains to such 
        manufacturers and entities;
            (3) design and implement measures to reduce the risks of 
        disruption, strain, compromise, or elimination of critical 
        supply chains of such manufacturers 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 head of any relevant Federal agency, 
        including those with jurisdiction over critical supply chains, 
        States, local governments, Tribal governments, allied and key 
        international partner nations, 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 and 
        entities purchasing 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 private sector, including small business 
        concerns.
            (9) Leverage existing mechanisms for the Federal Government 
        to provide critical supply chain solutions, including 
        manufacturing technology, to include providing products, tools, 
        and workforce development solutions related to critical supply 
        chain resilience to manufacturers, including for 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 the guidelines, best practices, 
        management strategies, methodologies, procedures, and processes 
        described in subsection (a).

SEC. 6. DEPARTMENT OF COMMERCE CAPABILITY ASSESSMENT.

    (a) Assessment.--The Secretary shall, not later than two year after 
the date of the enactment of this Act, 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 and 
        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) consult with Federal agencies implementing 
                similar activities related to critical supply chain 
                resilience and manufacturing innovation.
    (b) Report.--The Secretary shall provide the report required under 
subsection (a) to the relevant committees of Congress, along with a 
strategy to implement, as appropriate and as determined by the 
Secretary, the recommendations under the report.
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