[House Report 119-68]
[From the U.S. Government Publishing Office]
119th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 119-68
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PROMOTING RESILIENT SUPPLY CHAINS ACT OF 2025
_______
April 24, 2025.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Guthrie, from the Committee on Energy and Commerce, submitted the
following
R E P O R T
[To accompany H.R. 2444]
The Committee on Energy and Commerce, to whom was referred
the bill (H.R. 2444) 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 without
amendment and recommends that the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 1
Background and Need for Legislation.............................. 2
Committee Action................................................. 2
Committee Votes.................................................. 3
Oversight Findings and Recommendations........................... 5
New Budget Authority, Entitlement Authority, and Tax Expenditures 5
Congressional Budget Office Estimate............................. 5
Federal Mandates Statement....................................... 5
Statement of General Performance Goals and Objectives............ 5
Duplication of Federal Programs.................................. 5
Related Committee and Subcommittee Hearings...................... 5
Committee Cost Estimate.......................................... 6
Earmark, Limited Tax Benefits, and Limited Tariff Benefits....... 6
Advisory Committee Statement..................................... 6
Applicability to Legislative Branch.............................. 6
Section-by-Section Analysis of the Legislation................... 6
Changes in Existing Law Made by the Bill, as Reported............ 9
PURPOSE AND SUMMARY
H.R. 2444, the Promoting Resilient Supply Chains Act of
2025 was introduced by Representative James on March 27, 2025,
and referred to the Committee on Energy and Commerce. H.R. 2444
establishes additional responsibilities for the Assistant
Secretary of Commerce for Industry and Analysis related to
promoting emerging technologies and critical supply chains.
H.R. 2444 also requires the Assistant Secretary to establish a
working group 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. 2444 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.
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\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.
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COMMITTEE ACTION
On September 20, 2023, the Subcommittee on Innovation,
Data, and Commerce held a hearing on the Promoting Resilient
Supply Chains Act 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 12, 2025, the Subcommittee on Commerce,
Manufacturing, and Trade held a hearing titled, ``AI in
Manufacturing: Securing American Leadership in Manufacturing
and the Next Generation of Technologies.'' The Subcommittee
received testimony from:
Barbara Humpton, President and CEO, Siemens
Corporation;
Jason Oxman, President and CEO, Information
Technology Industry Council (ITI);
Jeff Kinder, Executive Vice President,
Product Development and Manufacturing Solutions,
Autodesk; and
Elisabeth B. Reynolds, Professor of
Practice, Massachusetts Institute of Technology.
On April 8, 2025 the full Committee on Energy and Commerce
met in open markup session and ordered H.R. 2444, without
amendment, favorably reported to the House by a record vote of
50 yeas and 1 nay.
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. 2444 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. 2444 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 the Promoting
Resilient Supply Chains Act:
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. 2444 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 2025.''
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 stability and resilience of critical supply chains, and
critical and emerging technologies; leading the Critical Supply
Chain Resilience Working Group, encouraging the growth and
competitiveness of U.S. productive capacities and manufacturing
in the U.S. of emerging technologies; assessing the resilience,
diversity, and strength of critical supply chains and critical
industries; 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; and word to assist American manufacturing.
Section 3. Critical supply chain resiliency and crisis response program
Section 3 requires that, not later than 20 days after the
date of enactment of this Act, the Assistant Secretary
establish a working group to be known as the ``Supply Chain
Resilience Working Group'' to carry out certain activities
including but not limited to assess and map critical supply
chains, emerging technologies, and critical industries; develop
ways to strengthen supply chains and critical industries; and
to develop response plans in the event of future supply chain
shocks.
Section 3 requires the Assistant Secretary to submit a
report to Congress within 1 year after the date of enactment
that: details supply chain activities, including applicable
activities described in subsection (b) and responsibilities
described in section 2 of this Act, that the Assistant
Secretary has conducted over the past year; describes supply
chain data collected, retained, and analyzed by the Assistant
Secretary over the last year; identify and describe necessary
tools that leverage data and industry expertise to provide
insights into critical supply chain vulnerabilities; identify
and describe all Federal agencies with authorities described in
subsection (b) of this Act; and identify Federal agencies,
programs, and bureaus with duplicative purposes to fulfill any
of the authorities or responsibilities described in subsection
(b) of this Act.
Section 3 also requires the Assistant Secretary, in
consultation with the Working Group, nongovernmental
representatives, private sector, institutions of higher
education, and State and local governments to submit a report
to Congress that: identifies critical infrastructure that may
assist the Assistant Secretary fulfill their responsibilities;
identifies critical and emerging technologies that may assist
in fulfilling the Assistant Secretary's responsibilities;
identifies 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; 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, the effect innovation has on U.S.
manufacturers; develops a strategy for the Department of
Commerce to support the resilience, diversity, 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
Act. 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 Public Law (PL) 116-
283.
Section 4. Department of Commerce capability assessment
Section 4 requires the Secretary of Commerce to submit a
report to Congress no later than 2 years after the date on
enactment 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 5. No additional funds
Section 5 states that no additional funds are authorized to
carry out this Act.
Section 6. Sunset
Section 6 sunsets the Act and all requirements,
responsibilities, and obligations under the Act 10 years after
the date of the enactment of the Act.
Section 7. Definitions
Section 7 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.