[Congressional Record Volume 170, Number 83 (Tuesday, May 14, 2024)]
[House]
[Pages H3035-H3040]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PROMOTING RESILIENT SUPPLY CHAINS ACT OF 2023
Mr. BILIRAKIS. Mr. Speaker, I move to suspend the rules and pass the
bill (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, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 6571
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Promoting
Resilient Supply Chains Act of 2023''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Additional responsibilities of Assistant Secretary of Commerce
for Industry and Analysis.
Sec. 3. Critical supply chain resiliency and crisis response program.
Sec. 4. Critical supply chain innovation and best practices.
Sec. 5. Department of Commerce capability assessment.
Sec. 6. Definitions.
SEC. 2. ADDITIONAL RESPONSIBILITIES OF ASSISTANT SECRETARY OF
COMMERCE FOR INDUSTRY AND ANALYSIS.
(a) Additional Responsibilities.--In addition to the
responsibilities of the Assistant Secretary on the day before
the date of the enactment of this Act, the Assistant
Secretary shall have the following responsibilities:
(1) Promote the leadership of the United States with
respect to critical industries, critical supply chains, and
emerging technologies that--
(A) strengthen the national security of the United States;
and
(B) have a significant effect on the economic security of
the United States.
(2) Encourage consultation with other agencies, covered
nongovernmental representatives, industry, institutions of
higher education, and State and local governments in order
to--
(A) promote resilient critical supply chains; and
(B) identify, prepare for, and respond to supply chain
shocks to--
(i) critical industries;
(ii) critical supply chains; and
(iii) emerging technologies.
(3) Encourage the growth and competitiveness of United
States productive capacities and manufacturing in the United
States of emerging technologies.
(4) Monitor the resilience, diversity, security, and
strength of critical supply chains and critical industries
(including critical industries for emerging technologies).
(5) Support the availability of critical goods from
domestic manufacturers, domestic enterprises, and
manufacturing operations in countries that are an ally or key
international partner nation.
(6) Assist the Federal Government in preparing for and
responding to supply chain shocks to critical supply chains,
including by improving flexible manufacturing capacities and
capabilities in the United States.
(7) Consistent with United States obligations under
international agreements, encourage and incentivize the
reduced reliance of domestic enterprises and domestic
manufacturers on critical goods from countries that are
described in clause (i) or (ii) of section 6(2)(B).
(8) Encourage the relocation of manufacturing facilities
that manufacture critical goods from countries that are
described in clause (i) or (ii) of section 6(2)(B) to the
United States and countries that are an ally or key
international partner nation to strengthen the resilience,
diversity, security, and strength of critical supply chains.
(9) Support the creation of jobs with competitive wages in
the United States manufacturing sector.
(10) Encourage manufacturing growth and opportunities in
rural and underserved communities.
(11) Promote the health of the economy of the United States
and the competitiveness of manufacturing in the United
States.
(b) Capabilities and Technical Support.--In carrying out
subsection (a), the Assistant Secretary--
(1) shall establish capabilities to--
(A) assess the state of technology, innovation, and
production capacity in the United States and other countries;
and
(B) conduct other activities that the Assistant Secretary
considers to be critical for the use of analytic
capabilities, statistics, datasets, and metrics related to
critical technologies and innovation; and
(2) may utilize external organizations to provide
independent and objective technical support.
SEC. 3. CRITICAL SUPPLY CHAIN RESILIENCY AND CRISIS RESPONSE
PROGRAM.
(a) Establishment.--Not later than 180 days after the date
of the enactment of this Act, the Assistant Secretary shall
establish in the Department of Commerce a critical supply
chain resiliency and crisis response program to conduct the
activities described in subsection (b).
(b) Activities.--In carrying out the program, the Assistant
Secretary shall conduct activities--
(1) in coordination with the unified coordination group
established under subsection (c), to--
(A) map, monitor, and model critical supply chains,
including critical supply chains for emerging technologies,
which may include--
(i) modeling the impact of supply chain shocks on critical
industries (including critical industries for emerging
technologies), critical supply
[[Page H3036]]
chains, domestic enterprises, and domestic manufacturers;
(ii) monitoring the demand for and supply of critical
goods, production equipment, and manufacturing technology
needed for critical supply chains, including critical goods,
production equipment, and manufacturing technology obtained
by or purchased from a person outside of the United States or
imported into the United States; and
(iii) monitoring manufacturing, warehousing,
transportation, and distribution related to critical supply
chains;
(B) identify high priority gaps and vulnerabilities, which
may include single points of failure, in critical supply
chains and critical industries (including critical industries
for emerging technologies) that--
(i) exist as of the date of the enactment of this Act; or
(ii) are anticipated to occur after the date of the
enactment of this Act;
(C) identify potential supply chain shocks to a critical
supply chain that may disrupt, strain, compromise, or
eliminate the critical supply chain (including supply chains
involving emerging technologies);
(D) evaluate the capability and capacity of domestic
manufacturers or manufacturers located in countries that are
an ally or key international partner nation to serve as
sources for critical goods, production equipment, or
manufacturing technology needed in critical supply chains
(including supply chains involving emerging technologies);
(E) evaluate the effect on the national security and
economic competitiveness of the United States, including on
consumer prices, job losses, and wages, that may result from
the disruption, strain, compromise, or elimination of a
critical supply chain;
(F) evaluate the state of the manufacturing workforce,
including by--
(i) identifying the needs of domestic manufacturers; and
(ii) identifying opportunities to create high-quality
manufacturing jobs; and
(G) identify investments in critical goods, production
equipment, and manufacturing technology from non-Federal
sources;
(2) in coordination with State and local governments and
the unified coordination group established under subsection
(c), and, as appropriate, in consultation with countries that
are an ally or key international partner nation, to--
(A) identify opportunities to reduce gaps and
vulnerabilities in critical supply chains and critical
industries (including critical industries for emerging
technologies);
(B) encourage consultation between the Federal Government,
industry, covered nongovernmental representatives,
institutions of higher education, and State and local
governments to--
(i) better respond to supply chain shocks to critical
supply chains and critical industries (including critical
industries for emerging technologies); and
(ii) coordinate response efforts to supply chain shocks;
(C) encourage consultation between the Federal Government
and the governments of countries that are an ally or key
international partner nation;
(D) develop or identify opportunities to build the capacity
of the United States in critical supply chains, critical
industries, and emerging technologies;
(E) develop or identify opportunities to build the capacity
of countries that are an ally or key international partner
nation in critical industries (including critical industries
for emerging technologies) and critical supply chains;
(F) develop contingency plans and coordination mechanisms
to improve the response of critical supply chains and
critical industry (including critical industries for emerging
technologies) to supply chain shocks; and
(G) support methods and technologies, including blockchain
technology, distributed ledger technology, and other emerging
technologies, as appropriate, for the authentication and
traceability of critical goods;
(3) acting within the authority of the Secretary that
exists as of the date of the enactment of this Act, and in
consultation with the Secretary of State and the United
States Trade Representative, to consult with governments of
countries that are an ally or key international partner
nation to promote resilient critical supply chains that
ensure the supply of critical goods, production equipment,
and manufacturing technology to the United States and
companies located in countries that are an ally or key
international partner nation;
(4) in consultation with other offices and divisions of the
Department of Commerce and other agencies, to leverage
existing authorities (as of the date of the enactment of this
Act) to encourage the resilience of supply chains of critical
industries (including critical industries for emerging
technologies); and
(5) to determine which emerging technologies may assist in
conducting the activities described in this subsection and
promote such emerging technologies.
(c) Unified Coordination Group.--In conducting the
activities described in subsection (b), the Assistant
Secretary shall--
(1) establish a unified coordination group led by the
Assistant Secretary, which shall include, as appropriate,
private sector partners and covered nongovernmental
representatives, to serve as a body for consultation by
agencies described in subsection (g) to plan for and respond
to supply chain shocks and support the resilience, diversity,
security, and strength of critical supply chains;
(2) establish subgroups of the unified coordination group
established under paragraph (1) that shall be led by the head
of an appropriate agency; and
(3) through the unified coordination group established
under paragraph (1)--
(A) acquire on a voluntary basis technical, engineering,
and operational critical supply chain information from the
private sector, in a manner that ensures any critical supply
chain information provided by the private sector is kept
confidential and is exempt from disclosure under section
552(b)(3) of title 5, United States Code (commonly known as
the ``Freedom of Information Act'');
(B) study the critical supply chain information acquired
under subparagraph (A) to assess critical supply chains,
including critical supply chains for emerging technologies,
and inform planning for potential supply chain shocks;
(C) convene with relevant private sector entities to share
best practices, planning, and capabilities to respond to
potential supply chain shocks; and
(D) factor in any relevant findings from the studies
required by the American COMPETE Act (title XV of division FF
of the Consolidated Appropriations Act, 2021; Public Law 116-
260; 134 Stat. 3276).
(d) International Cooperation.--The Secretary, in
consultation with other relevant agencies, may consult with
governments of countries that are an ally or key
international partner nation relating to enhancing the
security and resilience of critical supply chains in response
to supply chain shocks.
(e) Designations.--The Assistant Secretary shall--
(1) not later than 270 days after the date of the enactment
of this Act, designate--
(A) critical industries;
(B) critical supply chains; and
(C) critical goods;
(2) provide for a period of public comment and review in
carrying out paragraph (1); and
(3) update the designations made under paragraph (1) not
less frequently than once every 4 years, including
designations for technologies not described in section
6(12)(B) that the Assistant Secretary considers necessary.
(f) National Strategy and Review on Critical Supply Chain
Resiliency and Manufacturing in the United States.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, and not less frequently than once
every 2 years thereafter, the Assistant Secretary, in
consultation with the head of each relevant agency, covered
nongovernmental representative, industry, institution of
higher education, and State and local government, shall
submit to the relevant committees of Congress and post on the
website of the Assistant Secretary a report that--
(A) identifies--
(i) critical infrastructure that may assist in fulfilling
the responsibilities described in section 2;
(ii) emerging technologies that may assist in fulfilling
the responsibilities described in section 2 and carrying out
the program, including such technologies that may be critical
to addressing preparedness, weaknesses, and vulnerabilities
relating to critical supply chains;
(iii) critical industries, critical supply chains, and
critical goods designated under subsection (e);
(iv) other supplies and services that are critical to the
crisis preparedness of the United States;
(v) substitutes for critical goods, production equipment,
and manufacturing technology;
(vi) methods and technologies, including blockchain
technology, distributed ledger technology, and other emerging
technologies, as appropriate, for the authentication and
traceability of critical goods; and
(vii) countries that are an ally or key international
partner nation;
(B) describes the matters identified and evaluated under
subsection (b)(1), including--
(i) the manufacturing base, critical supply chains, and
emerging technologies in the United States, including the
manufacturing base and critical supply chains for--
(I) critical goods;
(II) production equipment; and
(III) manufacturing technology; and
(ii) the ability of the United States to--
(I) maintain readiness with respect to preparing for and
responding to supply chain shocks; and
(II) in response to a supply chain shock--
(aa) surge production in critical industries;
(bb) surge production of critical goods and production
equipment; and
(cc) maintain access to critical goods, production
equipment, and manufacturing technology;
(C) assesses and describes--
(i) the demand and supply of critical goods, production
equipment, and manufacturing technology;
(ii) the production of critical goods, production
equipment, and manufacturing technology by domestic
manufacturers;
(iii) the capability and capacity of domestic manufacturers
and manufacturers in countries that are an ally or key
international partner nation to manufacture critical goods,
production equipment, and manufacturing technology; and
(iv) how supply chain shocks could affect rural, Tribal,
and underserved communities;
(D) identifies threats and supply chain shocks that may
disrupt, strain, compromise, or eliminate critical supply
chains, critical goods, and critical industries (including
critical industries for emerging technologies);
(E) with regard to any threat identified under subparagraph
(D), lists any threat or supply chain shock that may
originate from a country, or a company or individual from a
country, that is described in clause (i) or (ii) of section
6(2)(B);
(F) assesses--
(i) the resilience and capacity of the manufacturing base,
critical supply chains, and workforce of the United States
and countries that are an ally or key international partner
nation that can sustain critical industries (including
critical
[[Page H3037]]
industries for emerging technologies) through a supply chain
shock;
(ii) the effect innovation has on domestic manufacturers;
and
(iii) any single points of failure in the critical supply
chains described in clause (i);
(G) with respect to countries that are an ally or key
international partner nation, reviews the sourcing of
critical goods, production equipment, and manufacturing
technology associated with critical industries located in
such countries;
(H) assesses the flexible manufacturing capacity and
capability available in the United States in the case of a
supply chain shock; and
(I) develops a strategy for the Department of Commerce to
support the resilience, diversity, security, and strength of
critical supply chains and emerging technologies to--
(i) support sufficient access to critical goods by
mitigating vulnerabilities in critical supply chains,
including critical supply chains concentrated in countries
that are described in clause (i) or (ii) of section 6(2)(B);
(ii) consult with other relevant agencies to assist
countries that are an ally or key international partner
nation in building capacity for manufacturing critical goods;
(iii) recover from supply chain shocks;
(iv) identify, in consultation with other relevant
agencies, actions relating to critical supply chains or
emerging technologies that the United States may take to--
(I) raise living standards;
(II) increase employment opportunities; and
(III) improve responses to supply chain shocks;
(v) protect against supply chain shocks relating to
critical supply chains from countries that are described in
clause (i) or (ii) of section 6(2)(B);
(vi) support methods and technologies, including blockchain
technology, distributed ledger technologies, and other
emerging technologies, as appropriate, for the authentication
and traceability of critical goods; and
(vii) make specific recommendations to implement the
strategy under this section and improve the security and
resiliency of manufacturing capacity and supply chains for
critical industries (including critical industries for
emerging technologies), by--
(I) developing long-term strategies;
(II) increasing visibility into the networks and
capabilities of domestic manufacturers and suppliers of
domestic manufacturers;
(III) identifying industry best practices;
(IV) evaluating how diverse supplier networks, multi-
platform and multi-region production capabilities and
sources, and integrated global and regional critical supply
chains can enhance the resilience of--
(aa) critical industries in the United States;
(bb) emerging technologies in the United States;
(cc) jobs in the United States;
(dd) manufacturing capabilities of the United States; and
(ee) the access of the United States to critical goods
during a supply chain shock;
(V) identifying and mitigating risks, including--
(aa) significant vulnerabilities to supply chain shocks;
and
(bb) exposure to gaps and vulnerabilities in domestic
capacity or capabilities and sources of imports needed to
sustain critical industries (including critical industries
for emerging technologies) or critical supply chains;
(VI) identifying enterprise resource planning systems that
are--
(aa) compatible across critical supply chain tiers; and
(bb) affordable for all sizes of business and for startups;
(VII) understanding the total cost of ownership, total
value contribution, and other best practices that encourage
strategic partnerships throughout critical supply chains;
(VIII) understanding Federal procurement opportunities to
increase resilient critical supply chains and fill gaps in
domestic purchasing;
(IX) identifying opportunities to consult with countries
that are an ally or key international partner nation to build
more resilient critical supply chains and mitigate risks;
(X) identifying opportunities to reuse and recycle critical
goods, including raw materials, to increase resilient
critical supply chains;
(XI) consulting with countries that are an ally or key
international partner nation on--
(aa) sourcing critical goods, production equipment, and
manufacturing technology; and
(bb) developing, sustaining, and expanding production and
availability of critical goods, production equipment, and
manufacturing technology during a supply chain shock;
(XII) identifying such other services as the Assistant
Secretary determines necessary; and
(XIII) providing guidance to other relevant agencies with
respect to critical goods, supply chains, and critical
industries (including critical industries for emerging
technologies) that should be prioritized to ensure United
States leadership in the deployment of such technologies.
(2) Prohibition.--The report submitted under paragraph (1)
may not include--
(A) critical supply chain information that is not
aggregated;
(B) confidential business information of a private sector
entity; or
(C) classified information.
(3) Form.--The report submitted under paragraph (1), and
any update submitted thereafter, shall be submitted to the
relevant committees of Congress in unclassified form and may
include a classified annex.
(4) Public comment.--The Assistant Secretary shall provide
for a period of public comment and review in developing the
report submitted under paragraph (1).
(g) Consultation.--Not later than 1 year after the date of
the enactment of this Act, the Assistant Secretary shall
enter into an agreement with the head of any relevant agency
to obtain any information, data, or assistance that the
Assistant Secretary determines necessary to conduct the
activities described in subsection (b).
(h) Rule of Construction.--Nothing in this section may be
construed to require any private entity--
(1) to share information with the Secretary or Assistant
Secretary;
(2) to request assistance from the Secretary or Assistant
Secretary; or
(3) to implement any measure or recommendation suggested by
the Secretary or Assistant Secretary in response to a request
by the private entity.
(i) Protection of Voluntarily Shared Critical Supply Chain
Information.--
(1) Protection.--
(A) In general.--Notwithstanding any other provision of
law, critical supply chain information (including the
identity of the submitting person or entity) that is
voluntarily submitted under this section to the Department of
Commerce for use by the Department for purposes of this
section, when accompanied by an express statement specified
in subparagraph (B)--
(i) shall be exempt from disclosure under section 552(b)(3)
of title 5, United States Code (commonly referred to as the
``Freedom of Information Act'');
(ii) is not subject to any agency rules or judicial
doctrine regarding ex parte communications with a decision
making official;
(iii) may not, without the written consent of the person or
entity submitting such information, be used directly by the
Department of Commerce, any other Federal, State, or local
authority, or any third party, in any civil action arising
under Federal or State law if such information is submitted
in good faith;
(iv) may not, without the written consent of the person or
entity submitting such information, be used or disclosed by
any officer or employee of the United States for purposes
other than the purposes of this section, except--
(I) in furtherance of an investigation or the prosecution
of a criminal act; or
(II) when disclosure of the information would be--
(aa) to either House of Congress, or to the extent of
matter within its jurisdiction, any committee or subcommittee
thereof, any joint committee thereof, or any subcommittee of
any such joint committee; or
(bb) to the Comptroller General of the United States, or
any authorized representative of the Comptroller General, in
the course of the performance of the duties of the Government
Accountability Office;
(v) may not, if provided to a State or local government or
government agency--
(I) be made available pursuant to any State or local law
requiring disclosure of information or records;
(II) otherwise be disclosed or distributed to any party by
such State or local government or government agency without
the written consent of the person or entity submitting such
information; or
(III) be used other than for the purpose of carrying out
this section, or in furtherance of an investigation or the
prosecution of a criminal act; and
(vi) does not constitute a waiver of any applicable
privilege or protection provided under law, such as trade
secret protection.
(B) Express statement.--The express statement described in
this subparagraph, with respect to information or records,
is--
(i) in the case of written information or records, a
written marking on the information or records substantially
similar to the following: ``This information is voluntarily
submitted to the Federal Government in expectation of
protection from disclosure as provided by the provisions of
the Promoting Resilient Supply Chains Act of 2023.''; or
(ii) in the case of oral information, a written statement
similar to the statement described in clause (i) submitted
within a reasonable period following the oral communication.
(2) Limitation.--No communication of critical supply chain
information to the Department of Commerce made pursuant to
this section may be considered to be an action subject to the
requirements of chapter 10 of title 5, United States Code.
(3) Independently obtained information.--Nothing in this
subsection may be construed to limit or otherwise affect the
ability of a State, local, or Federal Government entity,
agency, or authority, or any third party, under applicable
law, to obtain critical supply chain information in a manner
not covered by paragraph (1), including any information
lawfully and properly disclosed generally or broadly to the
public and to use such information in any manner permitted by
law. For purposes of this subsection a permissible use of
independently obtained information includes the disclosure of
such information under section 2302(b)(8) of title 5, United
States Code.
(4) Treatment of voluntary submittal of information.--The
voluntary submittal to the Department of Commerce of
information or records that are protected from disclosure by
this section may not be construed to constitute compliance
with any requirement to submit such information to an agency
under any other provision of law.
(5) Inapplicability to semiconductor incentive program.--
This subsection does not apply to the voluntary submission of
critical supply chain information in an application for
Federal financial assistance under section 9902 of the
William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (Public Law 116-283).
(j) Sunset.--The program shall terminate not later than the
date that is 7 years after the date of the enactment of this
Act.
[[Page H3038]]
SEC. 4. CRITICAL SUPPLY CHAIN INNOVATION AND BEST PRACTICES.
(a) In General.--The Assistant Secretary shall, on an
ongoing basis, facilitate and support the development and
dissemination of guidelines, best practices, management
strategies, methodologies, procedures, and processes for
domestic manufacturers, domestic enterprises, and other
entities manufacturing, procuring, or using a critical good
to--
(1) measure the resilience, diversity, security, and
strength of the critical supply chains of such manufacturers,
enterprises, and entities;
(2) quantify the value of improved resilience, diversity,
security, and strength of critical supply chains to such
manufacturers, enterprises, and entities;
(3) design and implement measures to reduce the risks of
disruption, strain, compromise, or elimination of critical
supply chains of such manufacturers, enterprises, and
entities; and
(4) support the authentication and traceability of critical
goods using blockchain technology, distributed ledger
technologies, and other emerging technologies as appropriate.
(b) Requirements.--In carrying out subsection (a), the
Assistant Secretary shall do the following:
(1) Consult closely and regularly with relevant private
sector personnel and entities, manufacturing extension
centers established as part of the Hollings Manufacturing
Extension Partnership, Manufacturing USA institutes as
described in section 34(d) of the National Institute of
Standards and Technology Act (15 U.S.C. 278s(d)), and other
relevant stakeholders and incorporate industry expertise.
(2) Consult with the heads of relevant agencies (including
agencies with jurisdiction over critical supply chains),
States, local governments, Tribal Governments, countries that
are an ally or key international partner nation, and
international organizations, as necessary.
(3) Collaborate with private sector stakeholders to
identify prioritized, flexible, repeatable, performance-
based, and cost-effective critical supply chain resilience
approaches that may be voluntarily adopted by domestic
manufacturers, domestic enterprises, and other entities
manufacturing, procuring, or using a critical good to achieve
the goals of subsection (a).
(4) Facilitate the design of--
(A) voluntary processes for selecting suppliers that
support the resilience, diversity, security, and strength of
critical supply chains; and
(B) methodologies to identify and mitigate the effects of a
disruption, strain, compromise, or elimination of a critical
supply chain.
(5) Facilitate the identification or application of methods
and technologies, including blockchain technology,
distributed ledger technologies, and other emerging
technologies as appropriate, for the authentication and
traceability of critical goods.
(6) Disseminate research and information to assist domestic
manufacturers redesign products, expand domestic
manufacturing capacity, and improve other capabilities as
required to improve the resilience, diversity, security, and
strength of critical supply chains.
(7) Incorporate relevant industry best practices.
(8) Consider the private sector, including small
businesses.
(9) Leverage mechanisms that exist as of the date of the
enactment of this Act for the Federal Government to provide
critical supply chain solutions (including manufacturing
technology, products, tools, and workforce development
solutions related to critical supply chain resilience) to
manufacturers, including small and medium-sized
manufacturers.
(c) Rule of Construction.--Nothing in this section may be
construed to--
(1) require any private entity to share information with
the Secretary or Assistant Secretary;
(2) require any private entity to request assistance from
the Secretary or Assistant Secretary;
(3) require any private entity to implement any measure or
recommendation suggested by the Secretary or Assistant
Secretary in response to a request by the private entity; or
(4) require the adoption of any guideline, best practice,
management strategy, methodology, procedure, or process
described in subsection (a).
SEC. 5. DEPARTMENT OF COMMERCE CAPABILITY ASSESSMENT.
(a) Report Required.--The Secretary shall produce a
report--
(1) identifying the duties, responsibilities, resources,
programs, and expertise within the offices and bureaus of the
Department of Commerce relevant to critical supply chain
resilience and manufacturing innovation;
(2) identifying and assessing the purpose, legal authority,
effectiveness, efficiency, and limitations of each office or
bureau identified under paragraph (1); and
(3) providing recommendations to enhance the activities
related to critical supply chain resilience and manufacturing
innovation of the Department of Commerce, including--
(A) improving the effectiveness, efficiency, and impact of
the offices and bureaus identified under paragraph (1);
(B) coordination across offices and bureaus identified
under paragraph (1); and
(C) consultation with agencies implementing similar
activities related to critical supply chain resilience and
manufacturing innovation.
(b) Submission of Report.--Not later than 2 years after the
date of the enactment of this Act, the Secretary shall submit
to the relevant committees of Congress the report required by
subsection (a), along with a strategy to implement, as
appropriate and as determined by the Secretary, the
recommendations contained in the report.
SEC. 6. DEFINITIONS.
In this Act:
(1) Agency.--The term ``agency'' has the meaning given that
term in section 551 of title 5, United States Code.
(2) Ally or key international partner nation.--The term
``ally or key international partner nation''--
(A) means a country that is critical to addressing critical
supply chain weaknesses and vulnerabilities; and
(B) does not include--
(i) a country that poses a significant risk to the national
security or economic security of the United States; or
(ii) a country that is described in section 503(b) of the
RANSOMWARE Act (title V of division BB of the Consolidated
Appropriations Act, 2023; Public Law 117-328; 136 Stat.
5564).
(3) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce assigned by the
Secretary to direct the office of Industry and Analysis.
(4) Covered nongovernmental representative.--The term
``covered nongovernmental representative'' means a
representative as specified in the second sentence of section
135(b)(1) of the Trade Act of 1974 (19 U.S.C. 2155(b)(1)),
except that such term does not include a representative of a
non-Federal government.
(5) Critical good.--The term ``critical good'' means any
raw, in process, or manufactured material (including any
mineral, metal, or advanced processed material), article,
commodity, supply, product, or item for which an absence of
supply would have a significant effect on--
(A) the national security or economic security of the
United States; and
(B) either--
(i) critical infrastructure; or
(ii) an emerging technology.
(6) Critical industry.--The term ``critical industry''
means an industry that--
(A) is critical for the national security or economic
security of the United States; and
(B) produces or procures a critical good.
(7) Critical infrastructure.--The term ``critical
infrastructure'' has the meaning given that term in section
1016 of the Critical Infrastructures Protection Act of 2001
(42 U.S.C. 5195c).
(8) Critical supply chain.--The term ``critical supply
chain'' means a supply chain for a critical good.
(9) Critical supply chain information.--The term ``critical
supply chain information'' means information that is not
customarily in the public domain and relates to--
(A) sustaining and adapting a critical supply chain during
a supply chain shock;
(B) critical supply chain risk mitigation and recovery
planning with respect to a supply chain shock, including any
planned or past assessment, projection, or estimate of a
vulnerability within the critical supply chain, including
testing, supplier network assessments, production
flexibility, risk evaluations, risk management planning, or
risk audits; or
(C) operational best practices, planning, and supplier
partnerships that enable enhanced resilience of a critical
supply chain during a supply chain shock, including response,
repair, recovery, reconstruction, insurance, or continuity.
(10) Domestic enterprise.--The term ``domestic enterprise''
means an enterprise that conducts business in the United
States and procures a critical good.
(11) Domestic manufacturer.--The term ``domestic
manufacturer'' means a business that conducts in the United
States the research and development, engineering, or
production activities necessary for manufacturing a critical
good.
(12) Emerging technology.--The term ``emerging technology''
means a technology that is critical for the national security
or economic security of the United States, including the
following:
(A) Technologies included in the American COMPETE Act
(title XV of division FF of the Consolidated Appropriations
Act, 2021; Public Law 116-260; 134 Stat. 3276).
(B) The following technologies:
(i) Artificial intelligence.
(ii) Automated vehicles and unmanned delivery systems.
(iii) Blockchain and other distributed ledger, data
storage, data management, and cybersecurity technologies.
(iv) Quantum computing and quantum sensing.
(v) Additive manufacturing.
(vi) Advanced manufacturing and the Internet of Things.
(vii) Nano technology.
(viii) Robotics.
(ix) Microelectronics, optical fiber ray, and high
performance and advanced computer hardware and software.
(x) Semiconductors.
(xi) Advanced materials science, including composition 2D,
other next generation materials, and related manufacturing
technologies.
(13) Institution of higher education.--The term
``institution of higher education'' has the meaning given
that term in section 101 of the Higher Education Act of 1965
(20 U.S.C. 1001).
(14) Manufacture.--The term ``manufacture'' means any
activity that is necessary for the development, production,
processing, distribution, or delivery of any raw, in process,
or manufactured material (including any mineral, metal, and
advanced processed material), article, commodity, supply,
product, critical good, or item of supply.
(15) Manufacturing technology.--The term ``manufacturing
technology'' means a technology that is necessary for the
manufacturing of a critical good.
(16) Production equipment.--The term ``production
equipment'' means any component, subsystem, system,
equipment, tooling, accessory, part, or assembly necessary
for the manufacturing of a critical good.
(17) Program.--The term ``program'' means the critical
supply chain resiliency and crisis response program
established under section 3(a).
[[Page H3039]]
(18) Relevant committees of congress.--The term ``relevant
committees of Congress'' means the following:
(A) The Committee on Commerce, Science, and Transportation
of the Senate.
(B) The Committee on Energy and Commerce of the House of
Representatives.
(19) Resilient critical supply chain.--The term ``resilient
critical supply chain'' means a critical supply chain that--
(A) ensures that the United States can sustain critical
industry, including emerging technologies, production,
critical supply chains, services, and access to critical
goods, production equipment, and manufacturing technology
during a supply chain shock; and
(B) has key components of resilience that include--
(i) effective private sector risk management and mitigation
planning to sustain critical supply chains and supplier
networks during a supply chain shock; and
(ii) minimized or managed exposure to a supply chain shock.
(20) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(21) State.--The term ``State'' means each of the several
States, the District of Columbia, each commonwealth,
territory, or possession of the United States, and each
federally recognized Indian Tribe.
(22) Supply chain shock.--The term ``supply chain shock''
includes the following:
(A) A natural disaster.
(B) A pandemic.
(C) A biological threat.
(D) A cyber attack.
(E) A great power conflict.
(F) A terrorist or geopolitical attack.
(H) An event for which the President declares a major
disaster or an emergency under section 401 or 501,
respectively, of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170; 42 U.S.C. 5191).
(I) Any other disruption or threat to a critical supply
chain that affects the national security or economic security
of the United States.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Florida (Mr. Bilirakis) and the gentleman from New Jersey (Mr. Pallone)
each will control 20 minutes.
The Chair recognizes the gentleman from Florida.
General Leave
Mr. BILIRAKIS. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and insert extraneous material in the Record on the bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Florida?
There was no objection.
Mr. BILIRAKIS. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, today, I rise in support of H.R. 6571, the Promoting
Resilient Supply Chains Act. I thank Dr. Bucshon and Representative
Blunt Rochester for their hard work negotiating this bipartisan policy.
Since the pandemic, we have quickly learned how our Nation has become
too reliant on foreign adversaries. I can say that again. We have
relied too much on foreign adversaries like China for critical goods
and components of such goods. Enough is enough.
H.R. 6571 would establish a mapping program at the Department of
Commerce to examine our supply chains to better prepare our economy for
any future shock that we may see. Monitoring these trends will help
protect us from overreliance on our Nation's enemies and instead help
industries to adapt quickly.
Further, this legislation would require the Assistant Secretary to
carry out a program with the private sector to better understand
vulnerabilities in our supply chains, including supply chains for
emerging technologies, and provide recommendations for promoting
emerging technologies and making critical supply chains more resilient.
This will continue our technological leadership in the global race
against China.
Mr. Speaker, I thank my colleagues and, of course, Dr. Bucshon, in
particular, for their bipartisan work to secure American leadership and
competitiveness.
Mr. Speaker, I urge my colleagues to join me in supporting this
legislation, and I reserve the balance of my time.
Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise to speak in support of H.R. 6571, the Promoting
Resilient Supply Chains Act.
The COVID-19 public health crisis exposed serious vulnerabilities in
our critical manufacturing supply chains, vulnerabilities that harmed
our efforts to combat COVID-19 and its economic fallout.
Ask any doctor, nurse, or essential worker who needed personal
protective equipment during the height of the COVID-19 pandemic. Ask
any assembly line worker, manufacturer, or startup that did not have
enough semiconductors essential to produce critical products and
consumer electronics. Ask the everyday consumer who could not find
basic household essentials like toilet paper and cleaning supplies as
demand surged and supply chains ground to a halt.
Fortunately, the supply chain crisis is over, but serious
vulnerabilities remain. The Biden administration's 100-day supply chain
review found that manufacturing supply chains instrumental to our
national security and economic welfare remain vulnerable to disruption,
strain, compromise, and elimination. These vulnerabilities are
industrywide and affect every American.
The Department of Defense warns that the decline in domestic
manufacturing capability could result in a growing and permanent
security deficit that presents challenges to our military and
technological supremacy.
Last Congress, congressional Democrats took bold action to strengthen
our manufacturing base, bolster supply chains, create good-paying jobs
for American workers, unleash innovation, and lower costs for
consumers. Representatives Blunt Rochester, Dingell, Kelly, and Wild
spearheaded bipartisan supply chain legislation that passed the House
in 2022. Over 160 stakeholders--ranging from manufacturers, innovators,
workers, consumer groups, and local governments--endorsed their supply
chain legislation.
While I was disappointed that supply chain package did not become
law, I am pleased the House is poised to pass legislation that grew out
of that work.
H.R. 6571, the Promoting Resilient Supply Chains Act, improves supply
chain resilience and strengthens our Nation's economic vitality and
national security in three key ways.
First, the bill creates a program at the Department of Commerce to
map and monitor supply chains, identify supply chain gaps and
vulnerabilities, and identify opportunities to address supply chain
risks.
Second, it equips the private sector with voluntary standards and
guidelines needed to proactively identify and mitigate supply chain
vulnerabilities before government intervention is even necessary.
Third, the bill assigns the Assistant Secretary of Industry and
Analysis with the responsibility to lead a governmentwide effort to
strengthen supply chains. This will reduce bureaucratic impediments and
improve the efficiency and effectiveness of the Federal response to a
supply chain crisis.
Mr. Speaker, we have to heed the lessons learned from the supply
chain crisis during the pandemic and ensure that the Federal Government
is equipped with the tools and authorities needed to address
vulnerabilities before they become full-blown crises. That is what this
legislation tries to do. It is a great start.
Mr. Speaker, I commend Representatives Blunt Rochester, Dingell,
Kelly, Wild, and Bucshon for their leadership on this issue, and I urge
my colleagues to support this legislation. I reserve the balance of my
time.
Mr. BILIRAKIS. Mr. Speaker, I yield 2 minutes to the gentleman from
Indiana (Mr. Bucshon), my good friend.
Mr. BUCSHON. Mr. Speaker, I rise in support of H.R. 6571, the
Promoting Resilient Supply Chains Act, which I am proud to co-lead with
my colleague, Representative Lisa Blunt Rochester.
During the COVID-19 pandemic, producers in sectors across the economy
had to slow or stop production. They couldn't access the inputs they
needed to operate due to shipping bottlenecks or a lack of diversified
suppliers.
My bill establishes a program within the Department of Commerce to
map and monitor critical supply chains utilized by American producers.
It will allow us to know where our strengths and vulnerabilities are, a
critical step in improving our economic and national security.
{time} 1530
This program will also develop best practices to advise manufacturers
on how to strengthen their supply chains and help government and
private sector stakeholders plan for and respond to supply chain
shocks.
Hoosier manufacturers make some of the best products in the world and
need
[[Page H3040]]
reliable supply chains. Having the Department of Commerce study and
advise on how to strengthen supply chains will allow producers to plan
appropriately.
Mr. Speaker, I urge my colleagues to support H.R. 6571.
Mr. PALLONE. Mr. Speaker, I have no additional speakers and am
prepared to close.
Let me just say, Mr. Speaker, that this act to promote resilience in
the supply chain is obviously very important in what we learned, the
lessons we learned from the COVID pandemic. I would urge my colleagues
on both sides of the aisle to support the legislation, and I yield back
the balance of my time.
Mr. BILIRAKIS. Mr. Speaker, in closing, I again encourage a ``yes''
vote on this particular piece of legislation.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Florida (Mr. Bilirakis) that the House suspend the rules
and pass the bill, H.R. 6571, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. BILIRAKIS. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
____________________