Promoting Resilient Supply Chains Act of 2023
This bill requires the Industry and Analysis office of the International Trade Administration of the Department of Commerce to monitor and respond to disruptions in critical industries and supply chains.
Specifically, the office must establish a critical supply chain resiliency program to (1) map, monitor, and model critical supply chains; (2) identify high-priority supply chain gaps and vulnerabilities in critical industries; (3) identify and evaluate the effect of potential supply chain disruptions on U.S. economic security; and (4) collaborate with other governmental bodies and key international partners to identify opportunities to reduce supply chain gaps and vulnerabilities. The office also must establish a unified coordination group to oversee the interagency response to supply chain shocks and the office must designate critical industries, critical supply chains, and critical goods.
Additionally, the office must facilitate the development of guidelines and best practices to reduce the risk of critical supply chain disruption.
The bill includes various program evaluation and reporting requirements.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6571 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 4, 2023
Mr. Bucshon (for himself and Ms. Blunt Rochester) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To establish a critical supply chain resiliency and crisis response
program in the Department of Commerce, and to secure American
leadership in deploying emerging technologies, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promoting Resilient Supply Chains
Act of 2023''.
SEC. 2. DEFINITIONS.
(a) Definitions.--In this section:
(1) Agency.--The term ``agency'' has the meaning given that
term in section 551 of title 5, United States Code.
(2) Ally or key international partner nation.--The term
``ally or key international partner nation''--
(A) means countries that are critical to addressing
critical supply chain weaknesses and vulnerabilities;
and
(B) does not include--
(i) a country that poses a significant
national security or economic security risk to
the United States; or
(ii) a country that is described in section
503(b) of the RANSOMWARE Act (Public Law 117-
238: 136 Stat. 5564).
(3) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce assigned by the
Secretary to direct the office of Industry and Analysis.
(4) Critical good.--The term ``critical good'' means any
raw, in process, or manufactured material (including any
mineral, metal, or advanced processed material), article,
commodity, supply, product, or item of supply the absence of
which would have a significant effect on--
(A) the national security or economic security of
the United States; and
(B) either
(i) critical infrastructure; or
(ii) emerging technologies
(5) Critical industry.--The term ``critical industry''
means an industry that is critical for the national security or
economic security of the United States, considering critical
goods.
(6) Critical infrastructure.--The term ``critical
infrastructure'' has the meaning given to that term in the
Critical Infrastructures Protection Act of 2001 (42 U.S.C.
5195c).
(7) Critical supply chain.--The term ``critical supply
chain'' means a critical supply chain for a critical good.
(8) Critical supply chain information.--The term ``critical
supply chain information'' means information that is not
customarily in the public domain and relating to--
(A) sustaining and adapting supply chains during a
supply chain shock;
(B) critical supply chain risk mitigation and
recovery planning with respect to a supply chain shock,
including any planned or past assessment, projection,
or estimate of a vulnerability within the critical
supply chain, including testing, supplier network
assessments, production flexibility, risk evaluations,
risk management planning, or risk audits; or
(C) operational best practices, planning, and
supplier partnerships that enable enhanced resilience
of critical supply chains during a supply chain shock,
including response, repair, recovery, reconstruction,
insurance, or continuity.
(9) Domestic enterprise.--The term ``domestic enterprise''
means an enterprise that conducts business in the United States
and procures a critical good.
(10) Domestic manufacturer.--The term ``domestic
manufacturer'' means a business that conducts in the United
States the engineering, or production activities necessary for
manufacturing.
(11) Emerging technology.--The term ``emerging technology''
means technologies that are critical for the national security
and economic security of the United States, including--
(A) technologies included in the American COMPETE
Act (Public Law 116-260; 134 Stat. 3276); and
(B) the following technologies:
(i) artificial intelligence;
(ii) automated vehicles and unmanned
delivery systems;
(iii) blockchain and other distributed
ledger, data storage, data management, and
cybersecurity technologies;
(iv) quantum computing and quantum sensing;
(v) additive manufacturing;
(vi) advanced manufacturing and the
Internet of Things;
(vii) nano technology;
(viii) robotics;
(ix) microelectronics, optical fiber ray,
and high performance and advanced computer
hardware and software;
(x) semiconductors;
(xi) Advanced materials science, including
composition 2D, other next gen materials, and
related manufacturing technologies.
(12) Institution of higher education.--The term
``institution of higher education'' has the meaning given that
term under section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a)).
(13) Manufacture.--The term ``manufacture'' means any
activity that is necessary for the development, production,
processing, distribution, or delivery of any raw, in process,
or manufactured material (including any mineral, metal, and
advanced processed material), article, commodity, supply,
product, critical good, or item of supply.
(14) Manufacturing technology.--The term ``manufacturing
technology'' means technologies that are necessary for the
manufacturing of a critical good.
(15) Non-governmental organization.--The term ``non-
governmental organization'' means organizations that are
described in section 2155(b) of title 19 of U.S. Code,
excluding non-federal governments.
(16) Production equipment.--The term ``production
equipment'' means any component, subsystem, system, equipment,
tooling, accessory, part, or assembly necessary for the
manufacturing of a critical good.
(17) Program.--The term ``program'' means the critical
supply chain resiliency program established pursuant to section
4.
(18) Relevant committees of congress.--The term ``relevant
committees of Congress'' means the following:
(A) The Committee on Commerce, Science, and
Transportation of the Senate.
(B) The Committee on Energy and Commerce of the
House of Representatives.
(19) Resilient critical supply chain.--The term ``resilient
critical supply chain'' means a critical supply chain that--
(A) ensures that the United States can sustain
critical industry (including critical industries for
emerging technologies), production, critical supply
chains, services, and access to critical goods,
production equipment, and manufacturing technology
during supply chain shocks; and
(B) has key components of resilience that include--
(i) effective private sector risk
management and mitigation planning to sustain
critical supply chains and supplier networks
during a supply chain shock;
(ii) minimized or managed exposure to
supply chain shocks; and
(20) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(21) State.--The term ``State'' means each of the several
States, the District of Columbia, each commonwealth, territory,
or possession of the United States, and each federally
recognized Indian Tribe.
(22) Supply chain shock.--The term ``supply chain shock''
includes the following:
(A) A natural disaster.
(B) A pandemic.
(C) A biological threat.
(D) A cyber attack.
(E) A great power conflict.
(F) A terrorist or geopolitical attack.
(G) An event for which the President declares a
major disaster or an emergency under section 401 or
501, respectively, of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170 and
5191).
(H) Any other critical supply chain disruption or
threat that affects the national security or economic
security of the United States.
SEC. 3. RESPONSIBILITIES ASSIGNED TO ASSISTANT SECRETARY.
(a) Additional Responsibilities.--The Assistant Secretary shall
have the following additional responsibilities:
(1) Promote the leadership of the United States with
respect to critical industries, critical supply chains, and
emerging technologies that--
(A) Strengthen the national security of the United
States; and
(B) Have a significant effect on the economic
security of the United States.
(2) Encourage consultation with other Federal agencies, and
partnerships with non-governmental organizations, industry,
institutions of higher education, and State and local
governments in order to--
(A) promote resilient critical supply chains; and
(B) identify, prepare for, and respond to supply
chain shocks to--
(i) critical industry;
(ii) critical supply chains; and
(iii) emerging technologies.
(3) encourage the growth and competitiveness of United
States productive capacities and manufacturing in the United
States of emerging technologies.
(4) Monitor the resilience, diversity, security, and
strength of critical supply chains, critical industries and
emerging technologies.
(5) Support the availability of critical goods from
domestic manufacturers, domestic enterprises, and manufacturing
operations in the United States and in countries that are
allies or key international partner nations.
(6) Assist the Federal Government in preparing for and
responding to critical supply chain shocks, including by
improving the flexible manufacturing capacities and
capabilities in the United States.
(7) Consistent with United States obligations under
international agreements, encourage and incentivize the reduced
reliance of domestic entities and domestic manufacturers on
critical goods from countries of concern.
(8) Encourage the relocation of manufacturing facilities
that manufacture critical goods from countries of concern to
the United States and countries that are allies and key
international partner nations to strengthen the resilience,
diversity, security, and strength of critical supply chains.
(9) Support the creation of jobs with competitive wages in
the United States manufacturing sector.
(10) Encourage manufacturing growth and opportunities in
rural and underserved communities.
(11) Promote the health of the economy of the United States
and the competitiveness of manufacturing in the United States.
(b) Expertise and Staffing.--In executing the responsibilities
under subsection (a), the Assistant Secretary--
(1) shall establish capabilities to--
(A) assess the state of technology, innovation, and
production capacity in the United States and other
nations; and
(B) conduct other activities deemed to be critical
for the use of analytic capabilities, statistics,
datasets, and metrics related to critical technologies
and innovation; and
(2) may utilize external organizations to provide
independent and objective technical support.
SEC. 4. CRITICAL SUPPLY CHAIN RESILIENCY AND CRISIS RESPONSE PROGRAM.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Assistant Secretary shall establish in the
Department of Commerce a supply chain resiliency program to carry out
the activities described in subsection (b).
(b) Activities.--Under the program, the Assistant Secretary shall
carry out activities--
(1) in coordination with the coordination group established
under subsection (c), to--
(A) map, monitor, and model critical supply chains,
including emerging technology supply chains, which may
include--
(i) modeling the impact of supply chain
shocks on critical industries (including
critical industries for emerging technologies),
critical supply chains, domestic enterprises,
and domestic manufacturers;
(ii) monitoring the demand for and supply
of critical goods and services, production
equipment, and manufacturing technology needed
for critical supply chains, including critical
goods and services, production equipment, and
manufacturing technology obtained or purchased
from a person outside of the United States or
imported into the United States; and
(iii) monitoring manufacturing,
warehousing, transportation, and distribution
related to critical supply chains; and
(B) identify high priority critical supply chain
gaps and vulnerabilities, which may include single
points of failure in critical supply chains, critical
industries, and emerging technologies that--
(i) exist as of the date of the enactment
of this section; or
(ii) are anticipated in the future;
(C) identify potential supply chain shocks that may
disrupt, strain, compromise, or eliminate a critical
supply chain, including emerging technology supply
chains;
(D) evaluate the capability and capacity of
domestic manufacturers or manufacturers located in
countries that are allies or key international partner
nations to serve as sources for critical goods,
production equipment, or manufacturing technology
needed in critical supply chains, including emerging
technology supply chains;
(E) evaluate the effect on the national security
and economic competitiveness of the United States,
including on consumer prices, job losses, and wages,
that may result from the disruption, strain,
compromise, or elimination of a critical supply chain;
(F) evaluate the state of the manufacturing
workforce, including by--
(i) identifying the needs of domestic
manufacturers; and
(ii) identifying opportunities to create
high-quality manufacturing jobs; and
(G) identify investments in critical goods,
production equipment, and manufacturing technology from
non-Federal sources.
(2) in coordination with the State and local governments,
and the coordination group established under subsection (c),
and, as appropriate, in cooperation with the governments of
countries that are allies or key international partner nations
of the United States, to--
(A) identify opportunities to reduce critical
supply chain gaps and vulnerabilities in critical
supply chains, critical industries, and emerging
technologies;
(B) encourage consultation between the Federal
Government, and partnerships between industry, non-
governmental organizations, institutions of higher
education, and State and local governments to--
(i) better respond to supply chain shocks
to critical supply chains, critical industries,
and emerging technologies; and
(ii) coordinate response efforts;
(C) encourage consultation between the Federal
Government and the governments of countries that are
allies or key international partner nations of the
United States;
(D) develop or identify opportunities to build the
capacity of the United States in critical supply
chains, critical industries, and emerging technologies;
(E) develop or identify opportunities to build the
capacity of countries that are allies or key
international partner nations of the United States in
critical industries (including critical industries for
emerging technologies), and critical supply chains;
(F) develop contingency plans and coordination
mechanisms to improve critical supply chain, critical
industry, and emerging technology supply chain response
to supply chain shocks; and
(G) support methods and technologies, including
blockchain technology, distributed ledger technology,
and other emerging technologies as appropriate, for the
authentication and traceability of critical goods;
(3) acting within the existing authorities of the
Department of Commerce, and in consultation with the Secretary
of State and the United States Trade Representative, consult
with governments of countries that are allies or key
international partner nations of the United States to promote
diversified and resilient critical supply chains that ensure
the supply of critical goods, production equipment, and
manufacturing technology to the United States and companies of
countries that are allies or key international partner nations
of the United States;
(4) consult with other offices and divisions of the
Department of Commerce and other Federal agencies to leverage
existing authorities, as of the date of the enactment of this
Act, to encourage the resilience of supply chains of critical
industries and emerging technologies; and
(5) to determine what emerging technologies may assist in
accomplishing the activities described in this subsection and
promote emerging technologies.
(c) Coordination Group.--In carrying out the applicable activities
under subsection (a), the Assistant Secretary shall--
(1) establish a unified coordination group led by the
Assistant Secretary, which shall include, as appropriate,
private sector partners, and non-governmental organizations, to
serve as a body for consultation among agencies described under
subsection (g) to plan for and respond to supply chain shocks
and support the resilience, diversity, security, and strength
of critical supply chains;
(2) establish subgroups of the unified coordination group
if established under paragraph (1), led by the head of an
appropriate agency; and
(3) through the unified coordination group established
under paragraph (1)--
(A) acquire on a voluntary basis technical,
engineering, and operational critical supply chain
information from the private sector, in a manner that
ensures any critical supply chain information provided
by the private sector is kept confidential and is
exempt from disclosure under section 552(b)(3) of title
5, United States Code (commonly known as the ``Freedom
of Information Act'');
(B) study the critical supply chain information
acquired under subparagraph (A) to assess critical
supply chain, including emerging technology supply
chain resilience, and inform planning;
(C) convene with relevant private sector entities
to share best practices, planning, and capabilities to
respond to potential supply chain shocks;
(D) develop contingency plans and coordination
mechanisms to ensure an effective and coordinated
response to potential supply chain shocks; and
(E) factor in any relevant findings from the
studies required in the American COMPETE Act (Public
Law 116-260; 134 Stat. 3276).
(4) International cooperation.--The Secretary, in
consultation with other relevant Federal agencies, may consult
with governments of countries that are allies or key
international partner nations of the United States relating to
enhancing the security and resilience of critical supply chains
in response to supply chain shocks.
(d) Designations.--The Assistant Secretary shall--
(1) not later than 270 days after the date of the enactment
of this Act, designate--
(A) critical industries;
(B) critical supply chains; and
(C) critical goods;
(2) provide for a period of public comment and review in
carrying out paragraph (1); and
(3) update the designations made under paragraph (1) not
less frequently than once every four years, including
designations for technologies not provided in the initial list
described in section 2(a)(11)(B) that the Assistant Secretary
deems necessary.
(e) National Strategy and Review on Critical Supply Chain
Resiliency and Manufacturing in the United States.--
(1) In general.--Not later than 1 year after the date of
the enactment of this section, and not less than once every 2
years thereafter, the Assistant Secretary, in consultation with
the head of each relevant agency, non-governmental
organization, industry, institutions of higher education, and
State and local governments, shall submit to the relevant
committees of Congress and post on the website of the Assistant
Secretary a report that--
(A) identifies--
(i) critical infrastructure that may assist
in fulfilling the responsibilities described in
section 3;
(ii) emerging technologies that may assist
in fulfilling the responsibilities described in
section 3 and the program described in
subsection (a), and such technologies that may
be critical to addressing critical supply chain
preparedness, weaknesses, and vulnerabilities;
(iii) critical industries, critical supply
chains, and critical goods designated under
section 4(d);
(iv) other goods, supplies, and services
that are critical to the crisis preparedness of
the United States;
(v) substitutes for critical goods,
production equipment, and manufacturing
technology;
(vi) methods and technologies, including
blockchain technology, distributed ledger
technology, and other emerging technologies as
appropriate, for the authentication and
traceability of critical goods; and
(vii) countries that are critical to
addressing critical supply chain weaknesses and
vulnerabilities;
(B) describes the matters identified and evaluated
pursuant to section 4(b)(1), including--
(i) the manufacturing base and critical
supply chains and emerging technologies in the
United States, including the manufacturing base
and critical supply chains for--
(I) essential materials;
(II) production equipment;
(III) critical goods, including raw
materials, microelectronics and
semiconductors, and rare earth
permanent magnets, that are essential
to the production of technologies and
supplies for critical industries,
including emerging technologies; and
(IV) manufacturing technology;
(ii) the ability of the United States to--
(I) maintain readiness with respect
to preparing for and responding to
supply chain shocks; and
(II) in response to a supply chain
shock--
(aa) surge production in
critical industries;
(bb) surge production of
critical goods and production
equipment; and
(cc) maintain access to
critical goods, production
equipment, and manufacturing
technology;
(C) an assessment and description of--
(i) demand and supply of critical goods,
production equipment, and manufacturing
technology;
(ii) production of critical goods,
production equipment, and manufacturing
technology by domestic manufacturers;
(iii) the capability and capacity of
domestic manufacturers and manufacturers in
countries that are allies or key international
partner nations of the United States to
manufacture critical goods, production
equipment, and manufacturing technology; and
(iv) how supply chain shocks could affect
rural, Tribal, and underserved communities;
(D) identifies threats and supply chain shocks that
may disrupt, strain, compromise, or eliminate critical
supply chains, critical goods, and critical industries,
including emerging technologies;
(E) with regard to any threat identified in
subparagraph (D), lists any threat or supply chain
shock that may originate from a country, company, or
individual from such country that--
(i) is described in section 503(b) of the
RANSOMWARE Act (Public Law 117-238: 136 Stat.
5564); or
(ii) poses a significant national security
or economic security threat to the United
States;
(F) assesses--
(i) the resilience and capacity of the
manufacturing base, critical supply chains, and
workforce of the United States and allies and
key international partner nations that can
sustain critical industries, including emerging
technologies, through a supply chain shock;
(ii) the effect innovation has on domestic
manufacturing; and
(iii) any single points of failure in the
critical supply chains described in clause (i);
(G) with respect to countries that are allies or
key international partner nations of the United States,
review the sourcing of critical goods, production
equipment, and manufacturing technology associated with
critical industries from those countries;
(H) assesses the flexible manufacturing capacity
and capability available in the United States in the
case of a supply chain shock;
(I) develop a strategy for the Department of
Commerce to support the resilience, diversity,
security, and strength of critical supply chains and
emerging technologies to:
(i) Support sufficient access to critical
goods by mitigating critical supply chain
vulnerabilities, including critical supply
chains concentrated in countries of concern.
(ii) Collaborate with other relevant
Federal agencies to assist allies or key
international partner nations build capacity
for manufacturing critical goods.
(iii) Recover from supply chain shocks.
(iv) Identify, in consultation with other
relevant Federal agencies, actions relating to
critical supply chains with which the United
States might--
(I) raise living standards;
(II) increase employment
opportunities; and
(III) improve response to supply
chain shocks.
(v) Protect against supply chain shocks
from countries of concern relating to critical
supply chains.
(vi) Support methods and technologies,
including blockchain technology, distributed
ledger technologies, and other emerging
technologies as appropriate, for the
authentication and traceability of critical
goods.
(vii) Make specific recommendations to
effectuate the strategy under this section and
improve the security and resiliency of
manufacturing capacity and supply chains for
critical industries, including emerging
technologies, by--
(I) developing long-term
strategies;
(II) increasing visibility into the
networks and capabilities of suppliers
and domestic manufacturers;
(III) identifying industry best
practices;
(IV) evaluating how diverse
supplier networks, multi-platform and
multi-region production capabilities
and sources, and integrated global and
regional critical supply chains can
enhance the resilience of--
(aa) critical industries in
the United States;
(bb) emerging technologies
in the United States;
(cc) jobs in the United
States;
(dd) manufacturing
capabilities of the United
States; and
(ee) the access of the
United States to critical goods
during a supply chain shock;
(V) identifying and mitigating
risks, including--
(aa) significant
vulnerabilities to supply chain
shocks; and
(bb) exposure to gaps and
vulnerabilities in domestic
capacity or capabilities and
sources of imports needed to
sustain critical industries
(including critical industries
for emerging technologies), or
critical supply chains;
(VI) identifying enterprise
resource planning systems that are--
(aa) compatible across
critical supply chain tiers;
and
(bb) affordable for all
sizes of business and for
startups;
(VII) understanding the total cost
of ownership, total value contribution,
and other best practices that encourage
strategic partnerships throughout
critical supply chains;
(VIII) understanding Federal
procurement opportunities to increase
resiliency of critical supply chains
for goods and services and fill gaps in
domestic purchasing;
(IX) identifying opportunities to
consult with allies or key
international partner nations of the
United States to build more resilient
critical supply chains and mitigate
risks;
(X) identifying opportunities to
reuse and recycle critical goods,
including raw materials, to increase
the resilience of critical supply
chains;
(XI) consulting with countries on--
(aa) sourcing critical
goods, production equipment,
and manufacturing technology;
and
(bb) developing,
sustaining, and expanding
production and availability of
critical goods, production
equipment, and manufacturing
technology during a supply
chain shock;
(XII) identifying such other
services as the Assistant Secretary
determines necessary;
(XIII) provides guidance to the
Department of Commerce and other
relevant agencies with respect to
technologies and supplies that should
be prioritized to ensure United States
leadership in the deployment of such
technologies.
(2) Prohibition.--The report submitted under paragraph (1)
may not include--
(A) critical supply chain information that is not
aggregated;
(B) confidential business information of a private
sector entity; or
(C) classified information.
(3) Consultation.--Not later than 1 year after the date of
enactment of this Act, the Assistant Secretary shall enter into
agreements with the head of any relevant Federal agency to
obtain any information, data, or assistance that the Assistant
Secretary determines to be necessary for developing the report.
(4) Form.--The report, and any update submitted thereafter,
shall be submitted to the Committee on Energy and Commerce of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate in unclassified form
and may include a classified annex.
(5) Public comment.--The Assistant Secretary shall provide
for a period of public comment and review in developing the
report.
(6) With regard to any threat identified in subparagraph
(C), lists any threat that may originate from a country,
company, or individual from such country that--
(A) is described in section 503(b) of the
RANSOMWARE Act (Public Law 117-238: 136 Stat. 5564); or
(B) poses a significant national security or
economic security threat to the United States.
(f) Report to Congress.--Concurrent with the annual submission by
the President of the budget under section 1105 of title 31, United
States Code, the Secretary shall submit to the Committee on Energy and
Commerce of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate and post on the website of
the Assistant Secretary a report that contains a summary of every
activity carried out under this Act during the year covered by the
report. Such report shall be submitted in unclassified form and may
include a classified annex.
(g) Consultation.--In implementing the program, the Assistant
Secretary may, as appropriate, consult with the heads of relevant
Federal agencies.
(h) Rule of Construction.--Nothing in this section may be construed
to require any private entity--
(1) to share information with the Secretary or Assistant
Secretary;
(2) to request assistance from the Secretary or Assistant
Secretary; or
(3) to implement any measure or recommendation suggested by
the Secretary or Assistant Secretary in response to a request
by the private entity.
(i) Protection of Voluntarily Shared Critical Supply Chain
Information.--
(1) Protection.--
(A) In general.--Notwithstanding any other
provision of law, critical supply chain information
(including the identity of the submitting entity) that
is voluntarily submitted by a private entity under this
section to the Department of Commerce for use by the
Department for purposes of this section, when
accompanied by an express statement specified in
subparagraph (B)--
(i) shall be exempt from disclosure under
section 552(b)(3) of title 5, United States
Code (commonly referred to as the ``Freedom of
Information Act'');
(ii) is not subject to any agency rules or
judicial doctrine regarding ex parte
communications with a decision making official;
(iii) may not, without the written consent
of the entity submitting such information, be
used directly by the Department of Commerce,
any other Federal, State, or local authority,
or any third party, in any civil action arising
under Federal or State law if such information
is submitted in good faith;
(iv) may not, without the written consent
of the entity submitting such information, be
used or disclosed by any officer or employee of
the United States for purposes other than the
purposes of this section, except--
(I) in furtherance of an
investigation or the prosecution of a
criminal act; or
(II) when disclosure of the
information would be--
(aa) to either House of
Congress, or to the extent of
matter within its jurisdiction,
any committee or subcommittee
thereof, any joint committee
thereof, or any subcommittee of
any such joint committee; or
(bb) to the Comptroller
General of the United States,
or any authorized
representative of the
Comptroller General, in the
course of the performance of
the duties of the Government
Accountability Office;
(v) may not, if provided to a State or
local government or government agency--
(I) be made available pursuant to
any State or local law requiring
disclosure of information or records;
(II) otherwise be disclosed or
distributed to any party by such State
or local government or government
agency without the written consent of
the entity submitting such information;
or
(III) be used other than for the
purpose of carrying out this section,
or in furtherance of an investigation
or the prosecution of a criminal act;
and
(vi) does not constitute a waiver of any
applicable privilege or protection provided
under law, such as trade secret protection.
(B) Express statement.--The express statement
described in this subparagraph, with respect to
information or records, is--
(i) in the case of written information or
records, a written marking on the information
or records substantially similar to the
following: ``This information is voluntarily
submitted to the Federal Government in
expectation of protection from disclosure as
provided by the provisions of the _______ Act
of 2023.''; or
(ii) in the case of oral information, a
written statement similar to the statement
described in clause (i) submitted within a
reasonable period following the oral
communication.
(2) Limitation.--No communication of critical supply chain
information to the Department of Commerce made pursuant to this
section may be considered to be an action subject to the
requirements of chapter 10 of title 5, United States Code.
(3) Independently obtained information.--Nothing in this
subsection may be construed to limit or otherwise affect the
ability of a State, local, or Federal Government entity,
agency, or authority, or any third party, under applicable law,
to obtain critical supply chain information in a manner not
covered by paragraph (1), including any information lawfully
and properly disclosed generally or broadly to the public and
to use such information in any manner permitted by law. For
purposes of this subsection a permissible use of independently
obtained information includes the disclosure of such
information under section 2302(b)(8) of title 5, United States
Code.
(4) Treatment of voluntary submittal of information.--The
voluntary submittal to the Department of Commerce of
information or records that are protected from disclosure by
this section may not be construed to constitute compliance with
any requirement to submit such information to an agency under
any other provision of law.
(5) Inapplicability to semiconductor incentive program.--
This subsection does not apply to the voluntary submission of
critical supply chain information by a private entity in an
application for Federal financial assistance under section 9902
of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283).
(j) Sunset.--the program established under this section shall
terminate no later than 7 years after the date of enactment of this
Act.
SEC. 5. CRITICAL SUPPLY CHAIN INNOVATION AND BEST PRACTICES.
(a) In General.--Subject to the availability of appropriations, the
Assistant Secretary shall, on an ongoing basis, facilitate and support
the development and dissemination of guidelines, best practices,
management strategies, methodologies, procedures, and processes for
domestic manufacturers and entities manufacturing, purchasing, or using
a critical good to--
(1) measure the resilience, diversity, security, and
strength of the critical supply chains of such manufacturers
and entities;
(2) quantify the value of improved resilience, diversity,
security, and strength of critical supply chains to such
manufacturers and entities;
(3) design and implement measures to reduce the risks of
disruption, strain, compromise, or elimination of critical
supply chains of such manufacturers and entities; and
(4) support the authentication and traceability of critical
goods using blockchain technology, distributed ledger
technologies, and other emerging technologies as appropriate.
(b) Requirements.--In carrying out subsection (a), the Assistant
Secretary shall do the following:
(1) Consult closely and regularly with relevant private
sector personnel and entities, manufacturing extension centers
established as part of the Hollings Manufacturing Extension
Partnership, Manufacturing USA institutes as described in
section 34(d) of the National Institute of Standards and
Technology Act (15 U.S.C. 278s(d)), and other relevant
stakeholders and incorporate industry expertise.
(2) Consult with the head of any relevant Federal agency,
including those with jurisdiction over critical supply chains,
States, local governments, Tribal governments, allied and key
international partner nations, and international organizations,
as necessary.
(3) Collaborate with private sector stakeholders to
identify prioritized, flexible, repeatable, performance-based,
and cost-effective critical supply chain resilience approaches
that may be voluntarily adopted by domestic manufacturers and
entities purchasing or using a critical good to achieve the
goals of subsection (a).
(4) Facilitate the design of--
(A) voluntary processes for selecting suppliers
that support the resilience, diversity, security, and
strength of critical supply chains; and
(B) methodologies to identify and mitigate the
effects of a disruption, strain, compromise, or
elimination of a critical supply chain.
(5) Facilitate the identification or application of methods
and technologies, including blockchain technology, distributed
ledger technologies, and other emerging technologies as
appropriate, for the authentication and traceability of
critical goods.
(6) Disseminate research and information to assist domestic
manufacturers redesign products, expand domestic manufacturing
capacity, and improve other capabilities as required to improve
the resilience, diversity, security, and strength of critical
supply chains.
(7) Incorporate relevant industry best practices.
(8) Consider private sector, including small business
concerns.
(9) Leverage existing mechanisms for the Federal Government
to provide critical supply chain solutions, including
manufacturing technology, to include providing products, tools,
and workforce development solutions related to critical supply
chain resilience to manufacturers, including for small and
medium sized manufacturers.
(c) Rule of Construction.--Nothing in this section may be construed
to--
(1) require any private entity to share information with
the Secretary or Assistant Secretary;
(2) require any private entity to request assistance from
the Secretary or Assistant Secretary;
(3) require any private entity to implement any measure or
recommendation suggested by the Secretary or Assistant
Secretary in response to a request by the private entity; or
(4) require the adoption of the guidelines, best practices,
management strategies, methodologies, procedures, and processes
described in subsection (a).
SEC. 6. DEPARTMENT OF COMMERCE CAPABILITY ASSESSMENT.
(a) Assessment.--The Secretary shall, not later than two year after
the date of the enactment of this Act, produce a report--
(1) identifying the duties, responsibilities, resources,
programs, and expertise within the offices and bureaus of the
Department of Commerce relevant to critical supply chain
resilience and manufacturing innovation;
(2) identifying and assessing the purpose, legal authority,
effectiveness, efficiency, and limitations of each office and
bureau identified under paragraph (1); and
(3) providing recommendations to enhance the activities
related to critical supply chain resilience and manufacturing
innovation of the Department of Commerce including--
(A) improving the effectiveness, efficiency, and
impact of the offices and bureaus identified under
paragraph (1);
(B) coordination across offices and bureaus
identified under paragraph (1); and
(C) consult with Federal agencies implementing
similar activities related to critical supply chain
resilience and manufacturing innovation.
(b) Report.--The Secretary shall provide the report required under
subsection (a) to the relevant committees of Congress, along with a
strategy to implement, as appropriate and as determined by the
Secretary, the recommendations under the report.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Committee Consideration and Mark-up Session Held
Committee Consideration and Mark-up Session Held
Ordered to be Reported (Amended) by the Yeas and Nays: 44 - 0.
Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 118-473.
Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 118-473.
Placed on the Union Calendar, Calendar No. 392.
Mr. Bilirakis moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H3035-3040)
DEBATE - The House proceeded with forty minutes of debate on H.R. 6571.
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At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR H3257-3258)
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 390 - 19 (Roll no. 211). (text: 5/14/2024 CR H3035-3039)
Roll Call #211 (House)On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 390 - 19 (Roll no. 211). (text: 5/14/2024 CR H3035-3039)
Roll Call #211 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.