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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 763 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                H. R. 763

To establish an Office of Manufacturing Security and Resilience in the 
    Department of Commerce, to provide for a Department of Commerce 
 assessment and strategy to counter threats to critical supply chains, 
                        and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            February 2, 2023

Ms. Blunt Rochester (for herself, Mrs. Dingell, Ms. Kelly of Illinois, 
and Ms. Wild) introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL

 
To establish an Office of Manufacturing Security and Resilience in the 
    Department of Commerce, to provide for a Department of Commerce 
 assessment and strategy to counter threats to critical supply chains, 
                        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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Supply Chain 
Health And Integrity for the Nation's Success Act'' or the ``Supply 
CHAINS Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Office of Manufacturing Security and Resilience.
Sec. 3. Department of Commerce assessment and strategy to counter 
                            threats to critical supply chains.
Sec. 4. Critical supply chain monitoring program.
Sec. 5. Manufacturing security and resilience program.
Sec. 6. Critical supply chain innovation and best practices.
Sec. 7. Program evaluation by the Inspector General of the Department 
                            of Commerce.
Sec. 8. Agriculture and food system critical supply chain monitoring 
                            and assessment.
Sec. 9. Department of Commerce capability assessment.
Sec. 10. Definitions.

SEC. 2. OFFICE OF MANUFACTURING SECURITY AND RESILIENCE.

    (a) Establishment.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall establish or designate an 
Office of Manufacturing Security and Resilience.
    (b) Mission.--The mission of the Office shall be the following:
            (1) Help to promote the leadership of the United States 
        with respect to critical industries and critical supply chains 
        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 partnerships and collaboration with the 
        private sector, labor organizations, the governments of 
        countries that are allies or key international partner nations 
        of the United States, States or political subdivisions thereof, 
        and Tribal governments in order to--
                    (A) promote the resilience of critical supply 
                chains; and
                    (B) identify, prepare for, and respond to supply 
                chain shocks to--
                            (i) critical industries; and
                            (ii) critical supply chains.
            (3) Monitor the resilience, diversity, security, and 
        strength of critical supply chains and critical industries.
            (4) 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.
            (5) 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.
            (6) 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.
            (7) 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.
            (8) Support the creation of jobs with competitive wages in 
        the United States manufacturing sector.
            (9) Encourage manufacturing growth and opportunities in 
        economically distressed areas and underserved communities.
            (10) Promote the health of the economy of the United States 
        and the competitiveness of manufacturing in the United States.
    (c) Assistant Secretary of the Office.--
            (1) Appointment and term.--The head of the Office shall be 
        the Assistant Secretary of Manufacturing Security and 
        Resilience, appointed by the President, by and with the advice 
        and consent of the Senate.
            (2) Pay.--The Assistant Secretary shall be compensated at 
        the rate in effect for level IV of the Executive Schedule under 
        section 5315 of title 5, United States Code.
            (3) Administrative authorities.--The Assistant Secretary 
        may appoint officers and employees in accordance with chapter 
        51 and subchapter III of chapter 53 of title 5, United States 
        Code.
            (4) Use of existing department personnel and resources.--
        The Assistant Secretary shall, to the extent practicable, 
        utilize existing personnel, resources, and expertise of the 
        Department of Commerce.
    (d) Expertise and Staffing.--In executing the mission under 
subsection (b), 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;
            (2) may utilize external organizations, such as federally 
        funded research and development centers and institutions of 
        higher education, to provide independent and objective 
        technical support; and
            (3) shall evaluate and implement, when available and as 
        appropriate, recommendations from the Department of Commerce 
        capability assessment produced under section 9.

SEC. 3. DEPARTMENT OF COMMERCE ASSESSMENT AND STRATEGY TO COUNTER 
              THREATS TO CRITICAL SUPPLY CHAINS.

    (a) In General.--In accordance with Executive Order No. 14017 (86 
Fed. Reg. 11849; relating to America's supply chains), the Assistant 
Secretary shall, not later than 1 year after the date of the enactment 
of this Act, develop a strategy for the Department of Commerce to 
support the resilience, diversity, security, and strength of critical 
supply chains.
    (b) Strategy.--The strategy required under subsection (a) shall 
include a plan to do the following:
            (1) Support sufficient access to critical goods by 
        mitigating critical supply chain vulnerabilities, including 
        critical supply chains concentrated in countries of concern.
            (2) Collaborate with other relevant Federal agencies to 
        assist allies or key international partner nations build 
        capacity for manufacturing critical goods.
            (3) Initiate and support translation research in 
        engineering and manufacturing by entering into contracts or 
        making other arrangements (including grants, awards, 
        cooperative agreements, loans, and other forms of assistance) 
        to advance that research and to assess the impact of that 
        research on the economic well-being, climate, environment, 
        public health, and national security of the United States.
            (4) Recover from supply chain shocks.
            (5) Identify, in coordination with other relevant Federal 
        agencies, actions relating to critical supply chains with which 
        the United States might--
                    (A) raise living standards;
                    (B) increase employment opportunities; and
                    (C) improve response to supply chain shocks.
            (6) Protect against supply chain shocks from countries of 
        concern relating to critical supply chains.
            (7) Provide recommendations to effectuate the strategy 
        under this section, including recommendations to--
                    (A) increase visibility into the networks and 
                capabilities of suppliers and domestic manufacturers;
                    (B) identify industry best practices;
                    (C) evaluate how diverse supplier networks, multi-
                platform and multi-region production capabilities and 
                sources, and integrated global and regional critical 
                supply chains can--
                            (i) enhance the resilience of critical 
                        industries and manufacturing capabilities in 
                        the United States;
                            (ii) support and create jobs in the United 
                        States; and
                            (iii) support access of the United States 
                        to critical goods during a supply chain shock;
                    (D) identify and mitigate risks, including--
                            (i) the financial and operational risks of 
                        a critical supply chain;
                            (ii) significant vulnerabilities to 
                        critical supply chain shocks including extreme 
                        weather events, cyberattacks, pandemic and 
                        biological threats, terrorist and geopolitical 
                        attacks, and other emergencies; and
                            (iii) exposure to gaps and vulnerabilities 
                        in domestic capacity or capabilities and 
                        sources of imports needed to sustain critical 
                        industries and critical supply chains;
                    (E) identify enterprise resource planning systems 
                that are--
                            (i) compatible across critical supply chain 
                        tiers; and
                            (ii) affordable for small and medium-sized 
                        businesses;
                    (F) understand the total cost of ownership, total 
                value contribution, and other best practices that 
                encourage strategic partnerships throughout critical 
                supply chains;
                    (G) identify opportunities to work with allies or 
                key international partner nations of the United States 
                to build more resilient critical industry supply chains 
                and mitigate risks;
                    (H) identify opportunities to reuse and recycle 
                critical goods, including raw materials, to increase 
                the resilience of critical supply chains;
                    (I) strengthen the financial and operational health 
                of small and medium-sized businesses in critical supply 
                chains of the United States and countries that are 
                allies or key international partner nations of the 
                United States to mitigate risks and ensure diverse and 
                competitive supplier markets that are less vulnerable 
                to failure;
                    (J) coordinate with countries on--
                            (i) sourcing critical goods, industrial 
                        equipment, and manufacturing technology; and
                            (ii) developing, sustaining, and expanding 
                        production and availability of critical goods, 
                        industrial equipment, and manufacturing 
                        technology during a supply chain shock; and
                    (K) identify such other services as the Assistant 
                Secretary determines necessary.
    (c) Submission of Strategy.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Assistant 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 publish on the website of the 
        Department of Commerce, a report containing the strategy 
        developed under subsection (a).
            (2) Update.--Not less than once every 4 years after the 
        date on which the strategy is submitted under paragraph (1), 
        the Assistant Secretary shall submit to Congress and publish on 
        the website of the Department of Commerce an update to such 
        strategy.
            (3) Form.--The report submitted under paragraph (1), and 
        any update submitted under paragraph (2), shall be submitted in 
        unclassified form and may include a classified annex.
    (d) Assessment.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, and not later than once every four years 
        thereafter, the Assistant Secretary, in coordination with the 
        head of each relevant Federal agency and relevant private 
        sector entities, labor organizations, States and political 
        subdivisions thereof, and territorial and Tribal governments, 
        shall submit to the relevant committees of Congress and post on 
        the website of the Assistant Secretary a report on critical 
        supply chain resilience and domestic manufacturing (in this 
        subsection referred to as the ``report'') to strengthen, 
        improve, and preserve the resilience, diversity, security, and 
        strength of critical supply chains.
            (2) Contents of assessment.--The assessment shall include 
        the following:
                    (A) An identification of--
                            (i) industries that are critical for the 
                        national security of the United States, 
                        considering the key technology focus areas and 
                        critical infrastructure;
                            (ii) supply chains and critical goods 
                        designated under section 4(d);
                            (iii) other goods, supplies, and services 
                        that are critical to the crisis preparedness of 
                        the United States;
                            (iv) substitutes for critical goods, 
                        industrial equipment, and manufacturing 
                        technology; and
                            (v) countries that are critical to 
                        addressing critical supply chain weaknesses and 
                        vulnerabilities.
                    (B) A description of the matters identified and 
                evaluated pursuant to section 4(b)(1), including--
                            (i) the manufacturing base and critical 
                        supply chains in the United States, including 
                        the manufacturing base and critical supply 
                        chains for--
                                    (I) industrial equipment;
                                    (II) critical goods, including raw 
                                materials, semiconductors, and rare 
                                earth permanent magnets, that are 
                                essential to the production of 
                                technologies and supplies for critical 
                                industries; 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 industrial 
                                        equipment; and
                                            (cc) maintain access to 
                                        critical goods, industrial 
                                        equipment, and manufacturing 
                                        technology.
                    (C) An assessment and description of--
                            (i) demand and supply of critical goods, 
                        industrial equipment, and manufacturing 
                        technology;
                            (ii) production of critical goods, 
                        industrial 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, industrial 
                        equipment, and manufacturing technology; and
                            (iv) how supply chain shocks could affect 
                        rural, Tribal, and underserved communities.
                    (D) An identification of defense, intelligence, 
                homeland, economic, domestic labor supply, natural, 
                geopolitical, or other contingencies and other supply 
                chain shocks that may disrupt, strain, compromise, or 
                eliminate critical supply chains.
                    (E) An assessment of--
                            (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 through a supply 
                        chain shock;
                            (ii) the flexible manufacturing capacity 
                        and capabilities available in the United States 
                        in the case of a supply chain shock;
                            (iii) the effect innovation has on domestic 
                        manufacturing; and
                            (iv) any single points of failure in the 
                        critical supply chains described in clause (i).
                    (F) With respect to countries that are allies or 
                key international partner nations of the United States, 
                a review of the sourcing of critical goods, industrial 
                equipment, and manufacturing technology associated with 
                critical industries from those countries.
                    (G) An assessment of policies, rules, and 
                regulations that impact the operating costs of domestic 
                manufacturers and inhibit the ability for domestic 
                manufacturers to compete with global competitors.
            (3) Prohibition.--The report may not include--
                    (A) critical supply chain information that is not 
                aggregated; or
                    (B) confidential business information of a private 
                sector entity.
            (4) Collaboration.--The head of any Federal agency with 
        jurisdiction over any critical supply chain shall collaborate 
        with the Assistant Secretary and provide any information, data, 
        or assistance that the Assistant Secretary determines to be 
        necessary for developing the report. Such assistance may 
        include the use of services, equipment, personnel, and 
        facilities of other Federal agencies with or without 
        reimbursement upon agreement between the Secretary and the head 
        of such other Federal agency.
            (5) Form.--The report, and any update submitted thereafter, 
        shall be submitted in unclassified form and may include a 
        classified annex.
            (6) Public comment.--The Assistant Secretary shall provide 
        for a period of public comment and review in developing the 
        report.

SEC. 4. CRITICAL SUPPLY CHAIN MONITORING PROGRAM.

    (a) Establishment.--The Assistant Secretary shall establish in the 
Department of Commerce a supply chain resiliency and crisis program to 
carry out the following activities described in subsection (b).
    (b) Activities.--Under the program, the Assistant Secretary, shall 
carry out the following activities:
            (1) In coordination with the private sector and 
        consultation with the coordination group established under 
        subsection (c)--
                    (A) map, monitor, and model the diversity, 
                security, reliability, and strength of critical supply 
                chains, which may include--
                            (i) understanding the financial and 
                        operational conditions of domestic 
                        manufacturers and domestic enterprises involved 
                        in critical supply chains;
                            (ii) modeling the impact of supply chain 
                        shocks on critical industries, critical supply 
                        chains, domestic enterprises, and domestic 
                        manufacturers;
                            (iii) monitoring the demand for and supply 
                        of critical goods and services, industrial 
                        equipment, and manufacturing technology needed 
                        for critical supply chains, including critical 
                        goods and services, industrial equipment, and 
                        manufacturing technology obtained or purchased 
                        from a person outside of the United States or 
                        imported into the United States; and
                            (iv) monitoring manufacturing, warehousing, 
                        transportation, and distribution related to 
                        critical supply chains;
                    (B) identify high priority critical supply chain 
                gaps and vulnerabilities, which may include single 
                points of failure, single producers, and consolidated 
                manufacturing, in critical industries and critical 
                supply chains 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;
                    (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, 
                industrial equipment, or manufacturing technology 
                needed in critical 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, 
                industrial equipment, and manufacturing technology from 
                non-Federal sources.
            (2) In coordination with the private sector, States or 
        political subdivisions thereof, and Tribal governments, in 
        consultation with 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, the following:
                    (A) Identify opportunities to reduce critical 
                supply chain gaps and vulnerabilities in critical 
                industries and critical supply chains.
                    (B) Encourage partnerships between the Federal 
                Government and industry, labor organizations, States 
                and political subdivisions thereof, territorial and 
                Tribal governments, to better respond to supply chain 
                shocks to critical industries and critical supply 
                chains and coordinate response efforts.
                    (C) Encourage partnerships 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 industries 
                and critical supply chains.
                    (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 and critical supply chains.
                    (F) Develop coordination mechanisms to improve 
                critical supply chain response to supply chain shocks.
            (3) Acting within existing authorities of the Department of 
        Commerce and in coordination with the Secretary of State and 
        the United States Trade Representative, work 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, industrial 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) Coordinate 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.
    (c) Coordination Group.--
            (1) In general.--In carrying out the applicable activities 
        under subsection (a), the Assistant Secretary shall establish a 
        unified coordination group led by the Assistant Secretary which 
        may include, as appropriate, private sector partners, labor 
        organizations, and federally funded research and development 
        centers, to serve as a body for consultation and coordination 
        between and among Federal agencies described under subsection 
        (f) to plan for and respond to supply chain shocks and support 
        the resilience, diversity, security, and strength of critical 
        supply chains.
            (2) Implementation.--Through the unified coordination group 
        established under paragraph (1), the Assistant Secretary shall 
        do the following:
                    (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 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.
            (3) Subgroups.--In carrying out the activities described in 
        paragraph (2), the Assistant Secretary may establish subgroups 
        of the unified coordination group established under paragraph 
        (1) led by the head of an appropriate Federal agency.
            (4) International cooperation.--The Secretary, in 
        consultation with other relevant Federal agencies, may 
        cooperate or enter into agreements 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) 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.
    (e) Report to Congress.--Concurrent with the annual submission by 
the Secretary of the budget under section 1105 of title 31, United 
States Code, the Secretary shall submit to the relevant committees of 
Congress and post on the website of the Assistant Secretary a report 
that contains a summary of the activities carried out under this 
section during the fiscal year covered by the report. Such report shall 
be submitted in unclassified form and may include a classified annex.
    (f) Coordination.--
            (1) In general.--In implementing the requirements under 
        this section, the Assistant Secretary shall, as appropriate 
        coordinate with--
                    (A) the heads of appropriate Federal agencies, 
                including--
                            (i) the Secretary of State; and
                            (ii) the United States Trade 
                        Representative; and
                    (B) the Attorney General and the Federal Trade 
                Commission with respect to--
                            (i) advice on the design and activities of 
                        the unified coordination group described in 
                        subsection (c)(1); and
                            (ii) ensuring compliance with Federal 
                        antitrust law.
            (2) Specific coordination.--In carrying out the 
        requirements under this section, with respect to critical 
        supply chains involving specific sectors, the Assistant 
        Secretary shall, as appropriate, coordinate with--
                    (A) the Secretary of Defense;
                    (B) the Secretary of Homeland Security;
                    (C) the Secretary of the Treasury;
                    (D) the Secretary of Energy;
                    (E) the Secretary of Transportation;
                    (F) the Secretary of Agriculture;
                    (G) the Director of National Intelligence;
                    (H) the Secretary of Health and Human Services;
                    (I) the Small Business Administration;
                    (J) the Secretary of Labor; and
                    (K) the head of any other relevant Federal agency, 
                as appropriate.
    (g) Rule of Construction.--Nothing in this section shall 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) that requests assistance from the Secretary or 
        Assistant Secretary to implement any measure or recommendation 
        suggested by the Secretary or Assistant Secretary.
    (h) Protections.--
            (1) In general.--
                    (A) Protections.--Subsections (a)(1), (b), and (d) 
                of section 2224 of the Homeland Security Act of 2002 (6 
                U.S.C. 673) shall apply to the voluntary submission of 
                critical supply chain information by a private entity 
                under this section in the same manner as those 
                provisions apply to critical infrastructure information 
                voluntarily submitted to a covered agency for another 
                informational purpose under that subsection if the 
                voluntary submission is accompanied by an express 
                statement described in paragraph (2) of this 
                subsection.
                    (B) References.--For the purpose of this 
                subsection, with respect to section 2224 of the 
                Homeland Security Act of 2002 (6 U.S.C. 673)--
                            (i) the express statement described in 
                        subsection (a)(1) of that section shall be 
                        deemed to refer to the express statement 
                        described in paragraph (2) of this subsection;
                            (ii) references in the subsections 
                        described in subparagraph (A) to ``this 
                        subtitle'' shall be deemed to refer to this 
                        section;
                            (iii) the reference to ``protecting 
                        critical infrastructure or protected systems'' 
                        in subsection (a)(1)(E)(iii) of that section 
                        shall be deemed to refer to carrying out this 
                        section; and
                            (iv) the reference to ``critical 
                        infrastructure information'' in subsections (b) 
                        and (c) of that section shall be deemed to 
                        refer to critical supply chain information.
            (2) Express statement.--The express statement described in 
        this paragraph, with respect to information or records, is--
                    (A) 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 section 4(h) of the 
                Supply Chain Health And Integrity for the Nation's 
                Success Act.''; or
                    (B) in the case of oral information, a written 
                statement similar to the statement described in 
                subparagraph (A) submitted within a reasonable period 
                following the oral communication.
            (3) Inapplicability to semiconductor incentive program.--
        This subsection shall 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).
    (i) Protections Savings Clause.--Nothing in subsection (h) shall 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 supply chain information in a manner 
not covered by subsection (h), 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 subsection 
(h), a permissible use of independently obtained supply chain 
information includes the disclosure of such information under section 
2302(b)(8) of title 5, United States Code.
    (j) Consistency With International Agreements.--This section shall 
be applied in a manner consistent with United States obligations under 
international agreements.

SEC. 5. MANUFACTURING SECURITY AND RESILIENCE PROGRAM.

    (a) In General.--Not later than 270 days after the date of 
enactment of this Act, the Secretary shall enter into a contract with 
an independent entity to conduct a study evaluating the economic and 
national security benefits and detriments of establishing a program 
within the Office to provide and incentivize, as applicable, grants, 
loans, loan guarantees, and equity investment to support the 
resilience, diversity, security, and strength of supply chains.
    (b) Report.--Not later than 2 years after the date of enactment of 
this Act, the Secretary shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate, the Committee on Energy and 
Commerce of the House of Representatives, and publish on the website of 
the Office, a report that contains the results of the study conducted 
by the entity described under subsection (a).

SEC. 6. CRITICAL SUPPLY CHAIN INNOVATION AND BEST PRACTICES.

    (a) In General.--Subject to the availability of appropriations, the 
Assistant Secretary, in consultation with the Director of the National 
Institute of Standards and Technology, shall, on an ongoing basis, 
facilitate and support the development and dissemination of a voluntary 
set of standards, 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; and
            (3) design and implement measures to reduce the risks of 
        disruption, strain, compromise, or elimination of critical 
        supply chains of such manufacturers and entities.
    (b) Requirements.--In carrying out subsection (a), the Assistant 
Secretary shall do the following:
            (1) Coordinate 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, the governments 
        of other 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) 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.
            (6) Incorporate relevant voluntary standards and industry 
        best practices.
            (7) Consider small business concerns.
            (8) 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 small and medium-sized manufacturers.

SEC. 7. PROGRAM EVALUATION BY THE INSPECTOR GENERAL OF THE DEPARTMENT 
              OF COMMERCE.

    (a) Program Evaluation.--Not later than 4 years after the date of 
the enactment of this Act, and every 4 years thereafter, the Inspector 
General of the Department of Commerce shall conduct an audit of the 
Office to--
            (1) evaluate the extent to which the requirements under 
        this Act are met; and
            (2) provide recommendations on any proposed changes to 
        improve the effectiveness of the Office on meeting the mission 
        described under section 2(b).
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to the Inspector General of the Department of Commerce 
$5,000,000 for fiscal years 2024 through 2028, to remain available 
until expended, to carry out subsection (a).

SEC. 8. AGRICULTURE AND FOOD SYSTEM CRITICAL SUPPLY CHAIN MONITORING 
              AND ASSESSMENT.

    (a) Activities.--Subject to the availability of appropriations, not 
later than 270 days after the date of the enactment of this Act, the 
Assistant Secretary, in consultation with the Secretary of Agriculture, 
shall identify and evaluate the stability and reliability of the 
agriculture and food system critical supply chain, including--
            (1) the state of the agriculture and food system workforce 
        and any critical supply chain vulnerabilities related to the 
        agriculture and food system workforce;
            (2) transportation bottlenecks in the distribution of 
        agricultural inputs, processed and unprocessed food and food 
        input products, and consumer-ready food products; and
            (3) opportunities to create training and education programs 
        focused on high-quality jobs in the agriculture and food system 
        that--
                    (A) increase the stability of the agriculture and 
                food system; and
                    (B) alleviate critical supply chain bottlenecks in 
                the distribution of agricultural inputs, processed and 
                unprocessed food and food input products, and consumer-
                ready food products.
    (b) Report to Congress.--In carrying out subsection (a), the 
Assistant Secretary shall submit to the Committee on Energy and 
Commerce and the Committee on Agriculture of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation and the Committee on Agriculture, Nutrition, and 
Forestry of the Senate a report that contains the following:
            (1) An identification of the strengths, weaknesses, 
        critical bottlenecks, workforce challenges and opportunities, 
        and overall stability and reliability of the agriculture and 
        food system critical supply chain.
            (2) An assessment of Federal, State, and local laws and 
        regulations that--
                    (A) increase the stability and reliability of the 
                agriculture and food system critical supply chain; or
                    (B) decrease or otherwise negatively impact, both 
                in the present moment and in the future, the stability 
                and reliability of the agriculture and food system 
                critical supply chain.
            (3) Specific recommendations to improve the security, 
        safety, and resilience of the agriculture and food system 
        critical supply chain. The recommendations shall contain--
                    (A) long-term strategies;
                    (B) industry best practices;
                    (C) risk mitigation actions to prevent future 
                bottlenecks and vulnerabilities at all levels of the 
                agriculture and food system critical supply chain; and
                    (D) legislative and regulatory actions that would 
                positively impact the security and resilience of the 
                agriculture and food system critical supply chain.

SEC. 9. DEPARTMENT OF COMMERCE CAPABILITY ASSESSMENT.

    (a) Assessment.--The Secretary shall, not later than one 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 and industrial 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 improve the effectiveness, 
        efficiency, and impact of the offices and bureaus identified 
        under paragraph (1), which may include recommendations to 
        coordinate--
                    (A) across offices and bureaus identified under 
                paragraph (1); and
                    (B) with Federal agencies implementing similar 
                activities related to critical supply chain resilience 
                and manufacturing and industrial innovation.
    (b) External Organization.--In producing the report required under 
subsection (a), the Secretary may contract with an appropriate external 
organization, such as the National Academy of Public Administration.
    (c) Report.--The Secretary shall provide the report required under 
subsection (a) to the appropriate committees of Congress, along with a 
strategy to implement, as appropriate and as determined by the 
Secretary, the recommendations under the report.

SEC. 10. DEFINITIONS.

    In this Act:
            (1) 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 of concern.
            (2) Assistant secretary.--The term ``Assistant Secretary'' 
        means the Assistant Secretary of Manufacturing Security and 
        Resilience appointed pursuant to section 2.
            (3) Country of concern.--The term ``country of concern'' 
        means a country in which a concentrated critical supply chain 
        is located and--
                    (A) that poses a significant national security or 
                economic security threat to the United States;
                    (B) is a covered nation (as defined under section 
                4872 of title 10, United States Code); or
                    (C) whose government, or elements of such 
                government, has proven to have, or has been credibly 
                alleged to have, committed crimes against humanity or 
                genocide.
            (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) critical infrastructure.
            (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 key 
        technology focus areas and critical infrastructure.
            (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 critical 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 
                thereto, 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 research and development, engineering, or production 
        activities necessary for manufacturing.
            (11) Economically distressed area.--The term ``economically 
        distressed area'' means an area that meets 1 or more of the 
        requirements described in section 301(a) of the Public Works 
        and Economic Development Act of 1965 (42 U.S.C. 3161(a)).
            (12) Federal agency.--The term ``Federal agency'' has the 
        meaning given the term ``agency'' in section 551 of title 5, 
        United States Code.
            (13) Industrial equipment.--The term ``industrial 
        equipment'' means any component, subsystem, system, equipment, 
        tooling, accessory, part, or assembly necessary for the 
        manufacturing of a critical good.
            (14) Key technology focus areas.--The term ``key technology 
        focus areas'' means the key technology focus areas identified 
        under section 10387 of the Research and Development, 
        Competition, and Innovation Act (42 U.S.C. 19107; Public Law 
        117-167).
            (15) Labor organization.--The term ``labor organization'' 
        has the meaning given the term in section 2(5) of the National 
        Labor Relations Act (29 U.S.C. 152(5)), except that such term 
        shall also include--
                    (A) any organization composed of labor 
                organizations, such as a labor union federation or a 
                State or municipal labor body; and
                    (B) any organization which would be included in the 
                definition for such term under such section 2(5) but 
                for the fact that the organization represents--
                            (i) individuals employed by the United 
                        States, any wholly owned Government 
                        corporation, any Federal Reserve Bank, or any 
                        State or political subdivision thereof;
                            (ii) individuals employed by persons 
                        subject to the Railway Labor Act (45 U.S.C. 151 
                        et seq.); or
                            (iii) individuals employed as agricultural 
                        laborers.
            (16) 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.
            (17) Manufacturing technology.--The term ``manufacturing 
        technology'' means technologies that are necessary for the 
        manufacturing of a critical good.
            (18) Office.--The term ``Office'' means the Office of 
        Manufacturing Security and Resilience established under section 
        2.
            (19) 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 Appropriations of the Senate.
                    (C) The Committee on Finance of the Senate.
                    (D) The Committee on Homeland Security and 
                Governmental Affairs of the Senate.
                    (E) The Committee on Armed Services of the Senate.
                    (F) The Committee on Energy and Natural Resources 
                of the Senate.
                    (G) The Select Committee on Intelligence of the 
                Senate.
                    (H) The Committee on Science, Space, and Technology 
                of the House of Representatives.
                    (I) The Committee on Energy and Commerce of the 
                House of Representatives.
                    (J) The Committee on Appropriations of the House of 
                Representatives.
                    (K) The Committee on Ways and Means of the House of 
                Representatives.
                    (L) The Committee on Homeland Security of the House 
                of Representatives.
                    (M) The Committee on Armed Services of the House of 
                Representatives.
                    (N) The Permanent Select Committee on Intelligence 
                of the House of Representatives.
                    (O) The Committee on Agriculture of the House of 
                Representatives.
                    (P) The Committee on Agriculture, Nutrition, and 
                Forestry of the Senate.
            (20) 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 production, critical supply chains, 
                services, and access to critical goods, industrial 
                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
                            (iii) the financial and operational 
                        capacity to--
                                    (I) sustain critical supply chains 
                                during supply chain shocks; and
                                    (II) recover from supply chain 
                                shocks.
            (21) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
            (22) Small business concern.--The term ``small business 
        concern'' has the meaning given that term in section 3(a) of 
        the Small Business Act (15 U.S.C. 632(a)).
            (23) State.--The term ``State'' means each State of the 
        United States, the District of Columbia, American Samoa, Guam, 
        the Commonwealth of the Northern Mariana Islands, Puerto Rico, 
        the Virgin Islands of the United States, and any other 
        territory of the United States.
            (24) Supply chain shock.--The term ``supply chain shock'' 
        includes the following:
                    (A) A natural disaster or extreme weather event.
                    (B) A pandemic.
                    (C) A biological threat.
                    (D) A cyber attack.
                    (E) A great power conflict.
                    (F) A terrorist or geopolitical attack.
                    (G) A public health emergency declared by the 
                Secretary of Health and Human Services pursuant to 
                section 319 of the Public Health Service Act (42 U.S.C. 
                247d).
                    (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 and 
                5191).
                    (I) Any other critical supply chain disruption or 
                threat that affects the national security or economic 
                security of the United States.
                                 <all>
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