116 HR 6571 IH: Promoting Resilient Supply Chains Act of 2023
U.S. House of Representatives
2023-12-04
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I
118th CONGRESS
1st Session
H. R. 6571
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.
1.

Short title
This Act may be cited as the “Promoting Resilient Supply Chains Act of 2023”.
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.
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.
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.
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).
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.