[House Report 118-473]
[From the U.S. Government Publishing Office]


118th Congress }                                          { Report 
                        HOUSE OF REPRESENTATIVES
  2d Session   }                                          { 118-473

======================================================================
 
             PROMOTING RESILIENT SUPPLY CHAINS ACT OF 2023

                                _______
                                

 April 26, 2024.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

     Mrs. Rodgers of Washington, from the Committee on Energy and 
                   Commerce, submitted the following

                              R E P O R T

                        [To accompany H.R. 6571]

    The Committee on Energy and Commerce, to whom was referred 
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, having 
considered the same, reports favorably thereon with an 
amendment and recommends that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................    11
Background and Need for Legislation..............................    11
Committee Action.................................................    12
Committee Votes..................................................    13
Oversight Findings and Recommendations...........................    15
New Budget Authority, Entitlement Authority, and Tax Expenditures    15
Congressional Budget Office Estimate.............................    15
Federal Mandates Statement.......................................    15
Statement of General Performance Goals and Objectives............    15
Duplication of Federal Programs..................................    15
Related Committee and Subcommittee Hearings......................    15
Committee Cost Estimate..........................................    16
Earmark, Limited Tax Benefits, and Limited Tariff Benefits.......    16
Advisory Committee Statement.....................................    16
Applicability to Legislative Branch..............................    16
Section-by-Section Analysis of the Legislation...................    16
Changes in Existing Law Made by the Bill, as Reported............    19

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

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

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

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

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

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

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

SEC. 5. DEPARTMENT OF COMMERCE CAPABILITY ASSESSMENT.

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

SEC. 6. DEFINITIONS.

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

                          PURPOSE AND SUMMARY

    H.R. 6571, the ``Promoting Resilient Supply Chains Act of 
2023'' was introduced by Representative Bucshon on December 4, 
2023, and referred to the Committee on Energy and Commerce. 
H.R. 6571 establishes additional responsibilities for the 
Assistant Secretary of Commerce for Industry and Analysis 
related to promoting emerging technologies and critical supply 
chains. H.R. 6571 also requires 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.

                  BACKGROUND AND NEED FOR LEGISLATION

    During the COVID-19 pandemic, many Americans were unable to 
secure essential goods like personal protective equipment, 
cleaning materials, furniture, and appliances. This 
inaccessibility to products was exacerbated by supply chain 
constraints for critical components, like semiconductors, used 
in many consumer products. The pandemic also shined a light on 
the vulnerabilities of U.S. supply chains, particularly how 
reliant the U.S. is on adversaries, like China, for critical 
goods and components of such goods. The U.S. should utilize 
private-public partnerships to map and monitor critical supply 
chains while protecting information voluntarily provided by the 
private sector, and not in any way to force businesses to share 
such information, to better understand where exactly 
vulnerabilities exist within such supply chains and 
subsequently decrease reliance on foreign adversaries like 
China for critical goods.
    The U.S. should also examine ways to promote the 
advancement and deployment of emerging technologies that are 
critical to help secure American economic and national security 
in the 21st century. Failure to reduce barriers and support and 
promote innovation and deployment of emerging technologies will 
cause the U.S. to cede leadership to countries like China, 
which could have drastic economic and national security 
implications. H.R. 6571 builds off important work in the 
American COMPETE Act\1\ to increase American competitiveness in 
the advancement and deployment of emerging technologies by 
having a dedicated official at the Department of Commerce 
focused on their promotion.
---------------------------------------------------------------------------
    \1\H.R. 8132, American Competitiveness of a More Productive 
Emerging Tech Economy Act (116th Congress), https://www.congress.gov/
bill/116th-congress/house-bill/8132?q=%7B%22search 
%22%3A%5B%22%22%5D%7D&s=3&r=3.
---------------------------------------------------------------------------

                            COMMITTEE ACTION

    On September 20, 2023, the Subcommittee on Innovation, 
Data, and Commerce held a hearing on a discussion draft titled 
``to establish a supply chain resiliency and crisis response 
program in the Department of Commerce, and for other 
purposes.'' The title of the hearing was ``Mapping America's 
Supply Chains: Solutions to Unleash Innovation, Boost Economic 
Resilience, and Beat China.'' The Subcommittee received 
testimony from:
           Chris Griswold, Policy Director, American 
        Compass;
           Deena Ghazarian, Founder and Chief Executive 
        Officer, Austere;
           Justin Slaughter, Policy Director, Paradigm; 
        and
           Scott Paul, President, Alliance for American 
        Manufacturing.
    On November 2, 2023, the Subcommittee on Innovation, Data, 
and Commerce met in open markup session and forwarded a 
discussion draft, ``to establish a supply chain resiliency and 
crisis response program in the Department of Commerce, and for 
other purposes,'' without amendment, to the full Committee by a 
voice vote.
    H.R. 6571 was introduced by Representative Bucshon on 
December 4, 2023, and referred to the Committee on Energy and 
Commerce.
    On December 5 and 6, 2023, the full Committee on Energy and 
Commerce met in open markup session and ordered H.R. 6571, as 
amended, favorably reported to the House by a record vote of 44 
yeas and 0 nays.

                            COMMITTEE VOTES

    Clause 3(b) of rule XIII requires the Committee to list the 
record votes on the motion to report legislation and amendments 
thereto. The following reflects the record votes taken during 
the Committee consideration:


                 OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Pursuant to clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII, the Committee held hearings and made findings that 
are reflected in this report.

   NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES

    Pursuant to clause 3(c)(2) of rule XIII, the Committee 
finds that H.R. 6571 would result in no new or increased budget 
authority, entitlement authority, or tax expenditures or 
revenues.

                  CONGRESSIONAL BUDGET OFFICE ESTIMATE

    Pursuant to clause 3(c)(3) of rule XIII, at the time this 
report was filed, the cost estimate prepared by the Director of 
the Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974 was not available.

                       FEDERAL MANDATES STATEMENT

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

         STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

    Pursuant to clause 3(c)(4) of rule XIII, the general 
performance goal or objective of this legislation is to map and 
monitor critical supply chains to improve their resiliency and 
to promote and secure American leadership in emerging 
technologies.

                    DUPLICATION OF FEDERAL PROGRAMS

    Pursuant to clause 3(c)(5) of rule XIII, no provision of 
H.R. 6751 is known to be duplicative of another Federal 
program, including any program that was included in a report to 
Congress pursuant to section 21 of Public Law 111-139 or the 
most recent Catalog of Federal Domestic Assistance.

              RELATED COMMITTEE AND SUBCOMMITTEE HEARINGS

    Pursuant to clause 3(c)(6) of rule XIII, the following 
related hearings were used to develop or consider H.R. 6571:
           On September 20, 2023, the Subcommittee on 
        Innovation, Data, and Commerce held a hearing on a 
        discussion draft titled ``to establish a supply chain 
        resiliency and crisis response program in the 
        Department of Commerce, and for other purposes.'' The 
        title of the hearing was ``Mapping America's Supply 
        Chains: Solutions to Unleash Innovation, Boost Economic 
        Resilience, and Beat China.'' The Subcommittee received 
        testimony from:
                   Chris Griswold, Policy Director, 
                American Compass;
                   Deena Ghazarian, Founder and 
                Chief Executive Officer, Austere;
                   Justin Slaughter, Policy 
                Director, Paradigm; and
                   Scott Paul, President, Alliance 
                for American Manufacturing.
           On February 1, 2023, the Subcommittee on 
        Innovation, Data, and Commerce held a hearing titled 
        ``Economic Danger Zone: How America Competes to Win the 
        Future Versus China.'' The Subcommittee received 
        testimony from:
                   Brandon Pugh, Policy Director 
                and Resident Senior Fellow, R Street Institute;
                   Jeff Farrah, Executive Director, 
                Autonomous Vehicle Industry Association (AVIA);
                   Samm Sacks, Cyber Policy Fellow, 
                International Security Program, New America; 
                and
                   Marc Jarsulic, Senior Fellow and 
                Chief Economist, Center for American Progress.

                        COMMITTEE COST ESTIMATE

    Pursuant to clause 3(d)(1) of rule XIII, the Committee 
adopts as its own the cost estimate prepared by the Director of 
the Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974. At the time this report was 
filed, the estimate was not available.

       EARMARK, LIMITED TAX BENEFITS, AND LIMITED TARIFF BENEFITS

    Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the 
Committee finds that H.R. 6571 contains no earmarks, limited 
tax benefits, or limited tariff benefits.

                      ADVISORY COMMITTEE STATEMENT

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  APPLICABILITY TO LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title; table of contents

    Section 1 provides that the Act may be cited as the 
``Promoting Resilient Supply Chains Act of 2023.'' Section 1 
also provides a table of contents for the legislation.

Section 2. Additional responsibilities of Assistant Secretary of 
        Commerce for Industry and Analysis

    Section 2 establishes additional responsibilities for the 
Assistant Secretary of Industry and Analysis within the 
Department of Commerce, including but not limited to: promoting 
the leadership of the U.S. with respect to emerging 
technologies, critical industries, and critical supply chains; 
encouraging the growth and competitiveness of U.S. productive 
capacities and manufacturing in the U.S. of emerging 
technologies; monitoring the resilience, diversity, security, 
and strength of critical supply chains and critical industries, 
including those for emerging technologies; supporting the 
availability of critical goods and manufacturing operations in 
the U.S.; assisting the Federal Government in preparing for and 
responding to supply chain shocks; reduce reliance on foreign 
adversaries for critical goods; supporting and promoting the 
health of the U.S. economy and job creation; and encouraging 
manufacturing growth and opportunities in rural and underserved 
communities. Section 2 also requires the Assistant Secretary to 
establish certain analytic capabilities and permits the 
Assistant Secretary to utilize external organizations for 
technical support.

Section 3. Critical supply chain resiliency and crisis response program

    Section 3 requires that, not later than 180 days after the 
date of enactment of this Act, the Assistant Secretary 
establish a critical supply chain resiliency and crisis 
response program, which sunsets after 7 years, to carry out 
certain activities to support and promote critical supply 
chains, emerging technologies, and critical industries; to 
develop ways to strengthen supply chains and critical 
industries, including for emerging technologies; and to develop 
response plans in the event of future supply chain shocks.
    Section 3 requires the Assistant Secretary to coordinate 
with private sector partners and nongovernmental 
representatives and to cooperate with international partners to 
carry out certain responsibilities related to strengthening and 
securing supply chains and critical industries, including those 
for emerging technologies, and promoting emerging technologies. 
Section 3 also requires the program to examine how emerging 
technologies, like AI or blockchain may be beneficial in 
securing and strengthening supply chains.
    Section 3 also requires the Assistant Secretary, in 
consultation with the heads of relevant agencies, 
nongovernmental representatives, private sector, institutions 
of higher education, and State and local governments to submit 
a report to Congress that: identifies critical supply chains, 
critical goods, services, and critical industries that are 
critical to supply chain resilience and U.S. crisis 
preparedness; assesses how to secure critical supply chains and 
critical industries, including those for emerging technologies, 
and how to promote and support emerging technologies; describes 
certain matters that the Assistant Secretary must do while 
conducting the program; assesses and describes the demand and 
supply, production, and productive capacity of critical goods, 
production equipment, manufacturing technology and the effect 
of supply chain shocks on rural, Tribal, and underserved 
communities; identifies threats and supply chain shocks, 
including shocks or threats that may originate from a foreign 
adversary; assesses the resilience and capacity of the 
manufacturing base, single points of failure in critical supply 
chains, the effect innovation has on U.S. manufacturers; 
develops a strategy for the Department of Commerce to support 
the resilience, diversity, security, and strength of critical 
supply chains and emerging technologies; among other matters. 
Section 3 requires the Assistant Secretary to enter into 
agreements with the heads of other relevant agencies to obtain 
information that is necessary to conduct the activities of the 
program. Section 3 also makes clear that nothing in the section 
may be construed to require any private entity to share 
information with the Secretary of Commerce or Assistant 
Secretary; to request assistance from the Secretary of Commerce 
or Assistant Secretary, or to implement any measure or 
recommendation suggested by the Secretary of Commerce or 
Assistant Secretary in response to a request by the private 
entity.
    Section 3 ensures that any critical supply chain 
information that is voluntarily submitted with an accompanied 
express statement under this section is exempt from disclosure 
under the Freedom of Information Act; is not subject to any 
agency rules or judicial doctrine regarding ex parte 
communications with a decision making official; 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; 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 U.S. for purposes other than the purpose of 
this section, with certain limited exceptions; if provided to a 
State or local government, may not be made available pursuant 
to State or local law requiring disclosure of information or 
records, be used for purposes other than carrying out this 
section or in furtherance of an investigation or the 
prosecution of a criminal act, or otherwise disclosed by a 
State or local government or government agency without the 
written consent of the person or entity submitting the 
information; and does not constitute a waiver of any applicable 
privilege or protection provided under law, such as trade 
secret protection. This provision may not be construed to limit 
or otherwise affect the ability of persons, under applicable 
law, to independently obtain critical supply chain information. 
Section 3 also clarifies that the protections for voluntarily 
provided critical supply chain information are inapplicable to 
the submission of critical supply chain information in an 
application for financial assistance under PL 116-283.

Section 4. Supply chain innovation and best practices

    Section 4 requires the Assistant Secretary, in consultation 
with private sector stakeholders and other heads of Federal 
Agencies, to 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 
promote supply chain resilience and reduce the risks of strain, 
compromise, and disruption of critical supply chains. Section 4 
clarifies that no private entity is required to share 
information, request assistance, implement any measure or 
recommendation, or adopt the guidelines, best practices, 
management strategies, methodologies, procedures, and 
processes.

Section 5. Department of Commerce capability assessment

    Section 5 requires the Secretary of Commerce to submit a 
report to Congress identifying the duties, responsibilities, 
resources, programs, and expertise at the Department of 
Commerce relevant to critical supply chain resilience and 
manufacturing innovation. The Secretary must also identify the 
legal authorities, purpose, effectiveness, efficiency, and 
limitations of offices and bureaus of the Department of 
Commerce critical to supply chain resilience and manufacturing 
innovation. Section 5 also requires the report to include 
recommendations to enhance the activities related to critical 
supply chain resilience and manufacturing innovation of the 
Department of Commerce.

Section 6. Definitions

    Section 6 defines terms used throughout the legislation.

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    This legislation does not amend any existing Federal 
statute.

                                  [all]