[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.

                          ____________________