I 

118TH CONGRESS 

1ST SESSION H. R. 796 

To establish the Supply Chain Resiliency and Crisis Response Office in 

the Department of Commerce, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 2, 2023 

Ms. KELLY of Illinois (for herself, Ms. BLUNT ROCHESTER, Mrs. DINGELL, 

and Ms. WILD) introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To establish the Supply Chain Resiliency and Crisis Response 

Office in the Department of Commerce, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Supply Chain Mapping 

5 and Monitoring Act’’. 

6 SEC. 2. SUPPLY CHAIN RESILIENCY AND CRISIS RESPONSE 

7 OFFICE. 

8 (a) DEFINITIONS.—In this section: 


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1 (1) CRITICAL GOOD OR SERVICE.—The term 

2 ‘‘critical good or service’’ means any raw, in process, 

3 or manufactured material (including any mineral, 

4 metal, or advanced processed material), article, com5 modity, supply, product, or item of supply the ab6 sence of which would have a significant effect on— 

7 (A) the national security or economic secu8 rity of the United States; and 

9 (B) critical infrastructure. 

10 (2) CRITICAL INDUSTRY.—The term ‘‘critical 

11 industry’’ means an industry that is critical for the 

12 national security or economic security of the United 

13 States, considering key technology focus areas under 

14 this section and critical infrastructure. 

15 (3) CRITICAL INFRASTRUCTURE.—The term 

16 ‘‘critical infrastructure’’ has the meaning given to 

17 that term in the Critical Infrastructures Protection 

18 Act of 2001 (42 U.S.C. 5195c). 

19 (4) DOMESTIC ENTERPRISE.—The term ‘‘do20 mestic enterprise’’ means an enterprise that con21 ducts business in the United States and procures a 

22 critical good or service. 

23 (5) DOMESTIC MANUFACTURER.—The term 

24 ‘‘domestic manufacturer’’ means a business that— 


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1 (A) conducts in the United States the re2 search and development, engineering, or pro3 duction activities necessary or incidental to 

4 manufacturing; or 

5 (B) if provided financial assistance by the 

6 Federal Government, will conduct in the United 

7 States the research and development, engineer8 ing, or production activities necessary or inci9 dental to manufacturing. 

10 (6) ECONOMICALLY DISTRESSED AREA.—The 

11 term ‘‘economically distressed area’’ means an area 

12 that meets 1 or more of the requirements described 

13 in section 301(a) of the Public Works and Economic 

14 Development Act of 1965 (42 U.S.C. 3161(a)). 

15 (7) FEDERAL AGENCY.—The term ‘‘Federal 

16 agency’’ has the meaning given the term ‘‘agency’’ 

17 in section 551 of title 5, United States Code. 

18 (8) INDUSTRIAL EQUIPMENT.—The term ‘‘in19 dustrial equipment’’ means any component, sub20 system, system, equipment, tooling, accessory, part, 

21 or assembly necessary for the manufacturing of a 

22 critical good or service. 

23 (9) KEY TECHNOLOGY FOCUS AREAS.—The 

24 term ‘‘key technology focus areas’’ means the fol25 lowing: 


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1 (A) Artificial intelligence, machine learn2 ing, autonomy, and related advances. 

3 (B) High-performance computing, semi4 conductors, and advanced computer hardware 

5 and software. 

6 (C) Quantum information science and 

7 technology. 

8 (D) Robotics, automation, and advanced 

9 manufacturing. 

10 (E) Natural and anthropogenic disaster 

11 prevention or mitigation. 

12 (F) Advanced communications technology, 

13 including optical transmission components. 

14 (G) Biotechnology, medical technology, 

15 genomics, and synthetic biology. 

16 (H) Data storage, data management, dis17 tributed ledger technologies, and cybersecurity, 

18 including biometrics. 

19 (I) Advanced energy and industrial efficacy 

20 technologies, such as batteries, advanced nu21 clear technologies, and polysilicon for use in 

22 solar photovoltaics, including for the purposes 

23 of electric generation (consistent with section 

24 15 of the National Science Foundation Act of 

25 1950 (42 U.S.C. 1874)). 


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1 (J) Advanced materials science, including 

2 composites and 2D materials and equipment, 

3 aerospace grade metals, and aerospace specific 

4 manufacturing enabling chemicals. 

5 (10) LABOR ORGANIZATION.—The term ‘‘labor 

6 organization’’ has the meaning given the term in 

7 section 2(5) of the National Labor Relations Act (29 

8 U.S.C. 152(5)), except that such term shall also in9 clude— 

10 (A) any organization composed of labor or11 ganizations, such as a labor union federation or 

12 a State or municipal labor body; and 

13 (B) any organization which would be in14 cluded in the definition for such term under 

15 such section 2(5) but for the fact that the orga16 nization represents— 

17 (i) individuals employed by the United 

18 States, any wholly owned Government cor19 poration, any Federal Reserve Bank, or 

20 any State or political subdivision thereof; 

21 (ii) individuals employed by persons 

22 subject to the Railway Labor Act (45 

23 U.S.C. 151 et seq.); or 

24 (iii) individuals employed as agricul25 tural laborers. 


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1 (11) MANUFACTURING TECHNOLOGY.—The 

2 term ‘‘manufacturing technology’’ means tech3 nologies that are necessary or incidental to the man4 ufacturing of a critical good or service. 

5 (12) OFFICE.—The term ‘‘Office’’ means the 

6 Supply Chain Resiliency and Crisis Response Office 

7 established under subsection (b). 

8 (13) RELEVANT COMMITTEES OF CONGRESS.— 

9 The term ‘‘relevant committees of Congress’’ 

10 means— 

11 (A) the Committee on Commerce, Science, 

12 and Transportation of the Senate; 

13 (B) the Committee on Appropriations of 

14 the Senate; 

15 (C) the Committee on Finance of the Sen16 ate; 

17 (D) the Committee on Homeland Security 

18 and Governmental Affairs of the Senate; 

19 (E) the Committee on Armed Services of 

20 the Senate; 

21 (F) the Committee on Energy and Natural 

22 Resources of the Senate; 

23 (G) the Select Committee on Intelligence of 

24 the Senate; 


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1 (H) the Committee on Science, Space, and 

2 Technology of the House of Representatives; 

3 (I) the Committee on Energy and Com4 merce of the House of Representatives; 

5 (J) the Committee on Appropriations of 

6 the House of Representatives; 

7 (K) the Committee on Ways and Means of 

8 the House of Representatives; 

9 (L) the Committee on Homeland Security 

10 of the House of Representatives; 

11 (M) the Committee on Armed Services of 

12 the House of Representatives; and 

13 (N) the Permanent Select Committee on 

14 Intelligence of the House of Representatives. 

15 (14) RESILIENT SUPPLY CHAIN.—The term 

16 ‘‘resilient supply chain’’ means a supply chain 

17 that— 

18 (A) ensures that the United States can 

19 sustain critical industry production, supply 

20 chains, services, and access to critical goods and 

21 services, industrial equipment, and manufac22 turing technology during supply chain shocks; 

23 and 

24 (B) has key components of resilience that 

25 include— 


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1 (i) effective private sector risk man2 agement and mitigation planning to sus3 tain supply chains and supplier networks 

4 during a supply chain shock; 

5 (ii) minimized or managed exposure to 

6 supply chain shocks; and 

7 (iii) the financial and operational ca8 pacity to— 

9 (I) sustain supply chains during 

10 supply chain shocks; and 

11 (II) recover from supply chain 

12 shocks. 

13 (15) SECRETARY.—The term ‘‘Secretary’’ 

14 means the Secretary of Commerce. 

15 (16) STATE.—The term ‘‘State’’ means each 

16 State of the United States, the District of Columbia, 

17 American Samoa, Guam, the Commonwealth of the 

18 Northern Mariana Islands, the Commonwealth of 

19 Puerto Rico, the Virgin Islands of the United States, 

20 and any other territory or possession of the United 

21 States. 

22 (17) SUPPLY CHAIN.—The term ‘‘supply chain’’ 

23 means a supply chain for a critical good or service. 

24 (18) SUPPLY CHAIN INFORMATION.—The term 

25 ‘‘supply chain information’’ means information that 


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1 is not customarily in the public domain and relating 

2 to— 

3 (A) sustaining and adapting supply chains 

4 during a supply chain shock; 

5 (B) supply chain risk mitigation and recov6 ery planning with respect to a supply chain 

7 shock, including any planned or past assess8 ment, projection, or estimate of a vulnerability 

9 within the supply chain, including testing, sup10 plier network assessments, production flexi11 bility, risk evaluations thereto, risk manage12 ment planning, or risk audits; or 

13 (C) operational best practices, planning, 

14 and supplier partnerships that enable enhanced 

15 resilience of supply chains during a supply 

16 chain shock, including response, repair, recov17 ery, reconstruction, insurance, or continuity. 

18 (19) SUPPLY CHAIN SHOCK.—The term ‘‘supply 

19 chain shock’’ includes the following: 

20 (A) A natural disaster or extreme weather 

21 event. 

22 (B) An accidental or human-caused event. 

23 (C) An economic disruption. 

24 (D) A pandemic. 

25 (E) A biological threat. 


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1 (F) A cyberattack. 

2 (G) A great power conflict. 

3 (H) A terrorist or geopolitical attack. 

4 (I) Any other supply chain disruption or 

5 threat that affects the national security or eco6 nomic security of the United States. 

7 (20) TRIBAL GOVERNMENT.—The term ‘‘Tribal 

8 government’’ means Indian Tribes, Alaska Native 

9 Tribal entities, and Native Hawaiian communities. 

10 (21) UNDER SECRETARY.—The term ‘‘Under 

11 Secretary’’ means the Under Secretary of the Office 

12 of Supply Chain Resiliency and Crisis Response ap13 pointed pursuant to subsection (d). 

14 (b) ESTABLISHMENT.—Not later than 180 days after 

15 the date of enactment of this Act, the Secretary shall es16 tablish a Supply Chain Resiliency and Crisis Response Of17 fice to carry out the activities described in subsection (e). 

18 (c) MISSION.—The mission of the Office shall be the 

19 following: 

20 (1) Help to promote the leadership of the 

21 United States with respect to critical industries and 

22 supply chains that— 

23 (A) strengthen the national security of the 

24 United States; and 


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1 (B) have a significant effect on the eco2 nomic security of the United States. 

3 (2) Encourage partnerships and collaboration 

4 with the Federal Government and the private sector, 

5 labor organizations, the governments of countries 

6 that are allies or key international partners of the 

7 United States, State governments and political sub8 divisions of a State, and Tribal governments in order 

9 to— 

10 (A) promote the resilience of supply 

11 chains; and 

12 (B) respond to supply chain shocks to— 

13 (i) critical industries; and 

14 (ii) supply chains. 

15 (3) Monitor the resilience, diversity, security, 

16 and strength of supply chains and critical industries, 

17 including by— 

18 (A) monitoring the financial and oper19 ational conditions of domestic manufacturers 

20 and domestic enterprises; 

21 (B) performing stress tests for critical in22 dustries, supply chains, domestic enterprises, 

23 and domestic manufacturers; 


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1 (C) monitoring the demand and supply of 

2 critical goods and services, industrial equip3 ment, and manufacturing technology; 

4 (D) monitoring manufacturing, warehous5 ing, transportation, and distribution; and 

6 (E) working in partnership with the co7 ordination group established under subsection 

8 (g), as applicable. 

9 (4) Support the development, maintenance, im10 provement, competitiveness, restoration, and expan11 sion of the productive capacities, efficiency, and 

12 workforce of critical industries and domestic manu13 facturers of critical goods and services, industrial 

14 equipment, and manufacturing technology. 

15 (5) Prepare for and take appropriate steps to 

16 minimize the effects of supply chain shocks on crit17 ical industries and supply chains. 

18 (6) Support the creation of jobs with competi19 tive wages in the manufacturing sector. 

20 (7) Encourage manufacturing growth and op21 portunities in economically distressed areas and 

22 communities of color. 

23 (8) Promote the health of the economy of the 

24 United States and the competitiveness of manufac25 turing in the United States. 


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1 (9) Coordinate executive branch actions nec2 essary to carry out the functions described in para3 graphs (1) through (8). 

4 (d) UNDER SECRETARY OF THE OFFICE.— 

5 (1) APPOINTMENT AND TERM.—The head of 

6 the Office shall be the Under Secretary of the Office 

7 of Supply Chain Resiliency and Crisis Response, ap8 pointed by the President, by and with the advice and 

9 consent of the Senate, for a term of not more than 

10 5 years. 

11 (2) PAY.—The Under Secretary shall be com12 pensated at the rate in effect for level II of the Ex13 ecutive Schedule under section 5313 of title 5, 

14 United States Code. 

15 (3) ADMINISTRATIVE AUTHORITIES.—The 

16 Under Secretary may appoint officers and employees 

17 in accordance with chapter 51 and subchapter III of 

18 chapter 53 of title 5, United States Code. 

19 (e) ACTIVITIES.—The Under Secretary shall carry 

20 out the following activities: 

21 (1) In collaboration with the coordination group 

22 established under subsection (g)— 

23 (A) map, monitor, and model supply 

24 chains; and 


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1 (B) identify high priority supply chain 

2 gaps and vulnerabilities in critical industries 

3 and supply chains that— 

4 (i) exist as of the date of the enact5 ment of this section; or 

6 (ii) are anticipated in the future. 

7 (2) Identify and evaluate— 

8 (A) supply chain shocks that may disrupt, 

9 strain, compromise, or eliminate a supply chain; 

10 (B) short-term, medium-term, and long11 term manufacturing needs critical to the na12 tional security, economic security, public health, 

13 and the environment of the United States; 

14 (C) the diversity, security, reliability, and 

15 strength of— 

16 (i) supply chains, including single 

17 point of failure, single producer, or consoli18 dated manufacturing; and 

19 (ii) the sources of critical goods and 

20 services, industrial equipment, or manufac21 turing technology, including those obtained 

22 or purchased from a person outside of the 

23 United States or imported into the United 

24 States; 


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1 (D) the demand and supply of critical 

2 goods and services, industrial equipment, and 

3 manufacturing technology; 

4 (E) the availability, capability, and capac5 ity of domestic manufacturers or manufacturers 

6 in allied nations or other key international part7 ners to serve as a source of a critical good or 

8 service, industrial equipment, or manufacturing 

9 technology; 

10 (F) the effect on the economic security of 

11 the United States, including jobs and wages, 

12 that may result from the disruption, strain, 

13 compromise, or elimination of any supply chain; 

14 (G) the state of the manufacturing work15 force, including— 

16 (i) the needs of domestic manufactur17 ers; and 

18 (ii) opportunities to create high-qual19 ity manufacturing jobs; and 

20 (H) investments in critical goods and serv21 ices, industrial equipment, or manufacturing 

22 technology from non-Federal sources. 

23 (3) In collaboration with the coordination group 

24 established under subsection (g), State governments 

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1 ernments, and, as appropriate, in cooperation with 

2 the governments of countries that are allies or key 

3 international partners of the United States— 

4 (A) identify opportunities to reduce supply 

5 chain gaps and vulnerabilities in critical indus6 tries and supply chains; 

7 (B) encourage partnerships between the 

8 Federal Government and industry, labor organi9 zations, State governments and political sub10 divisions of a State, and Tribal governments to 

11 better respond to supply chain shocks to critical 

12 industries and supply chains and coordinate re13 sponse efforts; 

14 (C) encourage partnerships between the 

15 Federal Government and the governments of 

16 countries that are allies or key international 

17 partners of the United States; 

18 (D) develop or identify opportunities to 

19 build the capacity of the United States in crit20 ical industries and supply chains; 

21 (E) develop or identify opportunities to 

22 build the capacity of countries that are allies or 

23 key international partners of the United States 

24 in critical industries and supply chains; and 


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1 (F) develop contingency plans and coordi2 nation mechanisms to improve critical industry 

3 supply chain response to supply chain shocks. 

4 (4) In coordination with the Secretary of State 

5 and the United States Trade Representative— 

6 (A) work with governments of countries 

7 that are allies or key international partners of 

8 the United States to promote diversified and re9 silient supply chains industries that ensure the 

10 supply of critical goods and services, industrial 

11 equipment, and manufacturing technology to 

12 both the United States and companies of coun13 tries that are allies or key international part14 ners of the United States; and 

15 (B) coordinate with other offices and divi16 sions of the Department of Commerce and 

17 other Federal agencies to use authorities, as of 

18 the date of the enactment of this section, to en19 courage the resilience of supply chains of crit20 ical industries. 

21 (5) Develop strategies and plans to recover 

22 from supply chain shocks. 

23 (f) CONTINUOUS MONITORING.—The Under Sec24 retary, in consultation with the head of any relevant Fed25 eral agency, including those with jurisdiction over supply 


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1 chains, shall continuously monitor the resilience, diversity, 

2 security, and strength of supply chains. 

3 (g) COORDINATION GROUP.— 

4 (1) IN GENERAL.—In carrying out the activities 

5 under subsection (e), the Under Secretary shall es6 tablish a unified coordination group led by the 

7 Under Secretary which shall include private sector 

8 partners, labor organizations, and, as appropriate, 

9 Federally Funded Research and Development Cen10 ters, to serve as a method for coordinating between 

11 and among Federal agencies described under sub12 section (k) to plan for and respond to supply chain 

13 shocks and support the resilience, diversity, security, 

14 and strength of supply chains. 

15 (2) IMPLEMENTATION.—Through the unified 

16 coordination group established under paragraph (1), 

17 the Under Secretary shall— 

18 (A) acquire on a voluntary basis technical, 

19 engineering, and operational supply chain infor20 mation from the private sector in a manner 

21 that ensures any supply chain information pro22 vided by the private sector is kept confidential 

23 as required under section 552(b)(3) of title 5, 

24 United States Code (commonly known as the 

25 ‘‘Freedom of Information Act’’); 


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1 (B) study the supply chain information ac2 quired under subparagraph (A) to— 

3 (i) identify supply chains; 

4 (ii) assess the resilience of supply 

5 chains; 

6 (iii) identify supply chains vulnerable 

7 to disruption, strain, compromise, or elimi8 nation; and 

9 (iv) inform planning; 

10 (C) convene with relevant private sector 

11 entities to share best practices, planning, and 

12 capabilities to respond to potential supply chain 

13 shocks; and 

14 (D) develop contingency plans and coordi15 nation mechanisms to ensure an effective and 

16 coordinated response to potential supply chain 

17 shocks. 

18 (3) SUBGROUPS.—In carrying out the activities 

19 described in paragraph (2), the Under Secretary 

20 may establish subgroups of the unified coordination 

21 group established under paragraph (1) led by the 

22 head of an appropriate Federal agency. 

23 (4) INTERNATIONAL AGREEMENTS.—The 

24 Under Secretary, in consultation with the United 

25 States Trade Representative and any other relevant 


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1 Federal agency, may enter into agreements with 

2 governments of countries that are allies or key inter3 national partners of the United States relating to 

4 enhancing the security and resilience of supply 

5 chains in response to supply chain shocks. 

6 (h) DESIGNATIONS.—Not later than 180 days after 

7 the date of enactment of this Act, the Under Secretary 

8 shall— 

9 (1) designate— 

10 (A) critical industries; 

11 (B) supply chains; and 

12 (C) critical goods and services; 

13 (2) provide for a period of public comment and 

14 review in carrying out paragraph (1); and 

15 (3) update the designations made under para16 graph (1) not less frequently than once every four 

17 years. 

18 (i) QUADRENNIAL REPORT ON SUPPLY CHAIN RE19 SILIENCY AND DOMESTIC MANUFACTURING.— 

20 (1) IN GENERAL.—Not later than four years 

21 after the date on which the final Sectoral Supply 

22 Chain Assessments report on supply chains required 

23 under section 4(a) of Executive Order 14017 (relat24 ing to America’s supply chains) is submitted, and 

25 not later than once every four years thereafter, the 


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1 Under Secretary, in coordination with relevant Fed2 eral agencies and relevant private sector entities, 

3 labor organizations, State governments and political 

4 subdivisions of a State, and Tribal governments, 

5 shall submit to the relevant committees of Congress 

6 and post on the website of the Under Secretary a re7 port on supply chain resilience and domestic manu8 facturing (in this subsection referred to as the ‘‘re9 port’’) to strengthen, improve, and preserve the di10 versity, security, reliability, and strength of supply 

11 chains. 

12 (2) ELEMENTS.—In carrying out paragraph 

13 (1), the Under Secretary shall— 

14 (A) identify— 

15 (i) the critical industries, supply 

16 chains, and critical goods and services des17 ignated under subsection (h); 

18 (ii) supplies that are critical to the 

19 crisis preparedness of the United States; 

20 (iii) substitutes for critical goods and 

21 services, industrial equipment, and manu22 facturing technology; and 

23 (iv) the matters identified and evalu24 ated pursuant to subsection (e)(3); 

25 (B) provide a description of— 


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1 (i) the manufacturing base and supply 

2 chains in the United States, including the 

3 manufacturing base and supply chains 

4 for— 

5 (I) industrial equipment; 

6 (II) critical goods and services, 

7 including raw materials and semi8 conductors, that are essential to the 

9 production of technologies and sup10 plies for critical industries; and 

11 (III) manufacturing technology; 

12 and 

13 (ii) the ability of the United States 

14 to— 

15 (I) maintain readiness with re16 spect to preparing for and responding 

17 to supply chain shocks; and 

18 (II) in response to a supply chain 

19 shock— 

20 (aa) surge production in 

21 critical industries; 

22 (bb) surge production of 

23 critical goods and services and 

24 industrial equipment; and 


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1 (cc) maintain access to crit2 ical goods and services, industrial 

3 equipment, and manufacturing 

4 technology; 

5 (C) provide an assessment and description 

6 of— 

7 (i) demand and supply of critical 

8 goods and services, industrial equipment, 

9 and manufacturing technology; 

10 (ii) production of critical goods and 

11 services, industrial equipment, and manu12 facturing technology by domestic manufac13 turers; and 

14 (iii) the capability and capacity of do15 mestic manufacturers and manufacturers 

16 in countries that are allies or key inter17 national partners of the United States to 

18 manufacture critical goods and services, in19 dustrial equipment, and manufacturing 

20 technology; 

21 (D) identify defense, intelligence, home22 land, economic, domestic labor supply, natural, 

23 geopolitical, or other contingencies and other 

24 supply chain shocks that may disrupt, strain, 

25 compromise, or eliminate a supply chain; 


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1 (E) provide an assessment of— 

2 (i) the resilience and capacity of the 

3 manufacturing base, supply chains, and 

4 workforce of the United States, the allies 

5 of the United States, and the key inter6 national partners of the United States that 

7 can sustain critical industries through a 

8 supply chain shock; 

9 (ii) the flexible manufacturing capac10 ity and capabilities available in the United 

11 States in the case of a supply chain shock; 

12 and 

13 (iii) the effect innovation has on do14 mestic manufacturing; 

15 (F) provide specific recommendations to 

16 improve the security and resiliency of manufac17 turing capacity and supply chains through— 

18 (i) developing long-term strategies; 

19 (ii) increasing visibility into the net20 works and capabilities of suppliers and do21 mestic manufacturers; 

22 (iii) identifying industry best prac23 tices; 

24 (iv) evaluating how diverse supplier 

25 networks, multi-platform and multi-region 


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1 production capabilities and sources, and in2 tegrated global and regional supply chains 

3 can— 

4 (I) enhance the resilience of crit5 ical industries in the United States; 

6 (II) support and create jobs in 

7 the United States; 

8 (III) enhance the resilience of 

9 manufacturing capabilities of the 

10 United States; and 

11 (IV) support access of the United 

12 States to critical goods and services 

13 during a supply chain shock; 

14 (v) identifying and mitigating risks, 

15 including— 

16 (I) the financial and operational 

17 risks of a supply chain; 

18 (II) significant vulnerabilities to 

19 supply chain shocks and other emer20 gencies; and 

21 (III) exposure to gaps and 

22 vulnerabilities in— 

23 (aa) domestic capacity or ca24 pabilities; and 


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1 (bb) sources of imports 

2 needed to sustain critical indus3 tries and supply chains; 

4 (vi) identifying enterprise resource 

5 planning systems that are— 

6 (I) compatible across supply 

7 chain tiers; and 

8 (II) affordable for small- and me9 dium-sized businesses; 

10 (vii) understanding the total cost of 

11 ownership, total value contribution, and 

12 other best practices that encourage stra13 tegic partnerships throughout supply 

14 chains; 

15 (viii) understanding Federal procure16 ment opportunities to increase resiliency of 

17 supply chains and fill gaps in domestic 

18 purchasing of critical goods and services; 

19 (ix) identifying policies that maximize 

20 job retention and creation in the United 

21 States, including workforce development 

22 programs; 

23 (x) identifying opportunities to work 

24 with allies or key international partners of 

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1 ient critical industry supply chains and 

2 mitigating risks; 

3 (xi) identifying areas requiring further 

4 investment in research and development or 

5 workforce education; and 

6 (xii) identifying such other services as 

7 the Under Secretary determines necessary; 

8 (G) provide guidance to the Department of 

9 Commerce, the National Science Foundation, 

10 and other relevant Federal agencies with re11 spect to critical goods and services, industrial 

12 equipment, and manufacturing technologies 

13 that should be prioritized; 

14 (H) with respect to countries that are al15 lies or key international partners of the United 

16 States— 

17 (i) review and, if appropriate, provide 

18 recommendations for expanding the 

19 sourcing of critical goods and services, in20 dustrial equipment, and manufacturing 

21 technology associated with critical indus22 tries from those countries; and 

23 (ii) recommend coordination with 

24 those countries on— 


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1 (I) sourcing critical goods and 

2 services, industrial equipment, and 

3 manufacturing technology; and 

4 (II) developing, sustaining, and 

5 expanding production and availability 

6 of supply chains, critical goods and 

7 services, industrial equipment, and 

8 manufacturing technology during a 

9 supply chain shock; 

10 (I) make recommendations for strength11 ening the financial and operational health of 

12 small- and medium-sized businesses in supply 

13 chains of the United States and countries that 

14 are allies or key international partners of the 

15 United States to mitigate risks and ensure di16 verse and competitive supplier markets that are 

17 less vulnerable to failure; 

18 (J) make an assessment of policies, rules, 

19 and regulations that impact domestic manufac20 turers’ operating costs and inhibit the ability 

21 for domestic manufacturing to compete with 

22 global competitors; and 

23 (K) make recommendations regarding 

24 freight and logistics necessary to support supply 

25 chains. 


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1 (3) PROHIBITION.—The report may not in2 clude— 

3 (A) supply chain information that is not 

4 aggregated; or 

5 (B) confidential business information of a 

6 private sector entity. 

7 (4) COLLABORATION.—The head of any Fed8 eral agency with jurisdiction over any supply chain 

9 shall collaborate with the Under Secretary and pro10 vide any information, data, or assistance that the 

11 Under Secretary determines to be necessary for de12 veloping the report. 

13 (5) FORM.—The report submitted under this 

14 subsection, and any update submitted thereafter, 

15 shall be submitted in unclassified form and may in16 clude a classified annex. 

17 (6) PUBLIC COMMENT.—The Under Secretary 

18 shall provide for a period of public comment and re19 view in developing the report required under para20 graph (1). 

21 (j) REPORT TO CONGRESS.—Concurrent with the an22 nual submission by the President of the budget under sec23 tion 1105 of title 31, United States Code, the Secretary 

24 shall submit to the relevant committees of Congress and 

25 post on the website of the Under Secretary a report that 


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1 contains a summary of the activities required under sub2 section (e) carried out under this section during the fiscal 

3 year covered by the report. Such report shall be submitted 

4 in unclassified form and may include a classified annex. 

5 (k) COORDINATION.— 

6 (1) IN GENERAL.—In implementing the require7 ments under subsection (i), the Under Secretary 

8 shall, as appropriate coordinate with— 

9 (A) the heads of appropriate Federal agen10 cies, including— 

11 (i) the Secretary of State; and 

12 (ii) the United States Trade Rep13 resentative; and 

14 (B) the Attorney General and the Federal 

15 Trade Commission with respect to— 

16 (i) advice on the design and activities 

17 of the unified coordination group described 

18 in subsection (g)(1); and 

19 (ii) ensuring compliance with Federal 

20 antitrust law. 

21 (2) SPECIFIC COORDINATION.—In carrying out 

22 the requirements under this section, with respect to 

23 supply chains involving specific sectors, the Under 

24 Secretary shall, as appropriate, coordinate with— 

25 (A) the Secretary of Defense; 


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1 (B) the Secretary of Homeland Security; 

2 (C) the Secretary of the Treasury; 

3 (D) the Secretary of Energy; 

4 (E) the Secretary of Transportation; 

5 (F) the Secretary of Agriculture; 

6 (G) the Under Secretary of National Intel7 ligence; 

8 (H) the Secretary of Health and Human 

9 Services; 

10 (I) the Small Business Administration; 

11 (J) the Secretary of Labor; and 

12 (K) the heads of other relevant Federal 

13 agencies, as appropriate. 

14 (l) RULE OF CONSTRUCTION.—Nothing in this sec15 tion shall be construed to require any private entity— 

16 (1) to share information with the Secretary or 

17 Under Secretary; 

18 (2) to request assistance from the Secretary or 

19 Under Secretary; or 

20 (3) that requests assistance from the Secretary 

21 or Under Secretary to implement any measure or 

22 recommendation suggested by the Secretary or 

23 Under Secretary. 

24 (m) PROTECTIONS.— 


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1 (1) IN GENERAL.—Supply chain information 

2 that is voluntarily and lawfully submitted by a pri3 vate entity and accompanied by an express state4 ment described in paragraph (2) of this subsection— 

5 (A) shall be exempt from disclosure under 

6 section 552(b)(3) of title 5, United States Code; 

7 (B) shall not be made available by any 

8 Federal, State, local, or Tribal authority pursu9 ant to any Federal, State, local, or Tribal law 

10 requiring public disclosure of information or 

11 records; and 

12 (C) shall not, without the written consent 

13 of the person or entity submitting such infor14 mation, be used directly by the Under Sec15 retary, or any other Federal, State, or local au16 thority in any civil enforcement action brought 

17 by a Federal, State, or local authority. 

18 (2) EXPRESS STATEMENT.—The express state19 ment described in this paragraph, with respect to in20 formation or records, is— 

21 (A) in the case of written information or 

22 records, a written marking on the information 

23 or records substantially similar to the following: 

24 ‘‘This information is voluntarily submitted to 

25 the Federal Government in expectation of proVerDate Sep 11 2014 06:24 Feb 24, 2023 Jkt 039200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H796.IH H796

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1 tection from disclosure as provided by the provi2 sions of section 2(m) of the Supply Chain Map3 ping and Monitoring Act.’’; or 

4 (B) in the case of oral information, a writ5 ten statement similar to the statement de6 scribed in subparagraph (A) submitted within a 

7 reasonable period following the oral communica8 tion. 

9 (3) INAPPLICABILITY TO SEMICONDUCTOR IN10 CENTIVE PROGRAM.—This subsection shall not apply 

11 to the voluntary submission of supply chain informa12 tion by a private entity in an application for Federal 

13 financial assistance under section 9902 of the Wil14 liam M. (Mac) Thornberry National Defense Author15 ization Act for Fiscal Year 2021 (Public Law 116– 

16 283). 

17 (n) NO EFFECT ON DISCOVERY.—Subject to sub18 section (m), nothing in this section, nor any rule, regula19 tion, or amendment shall be construed to create a defense 

20 to a discovery request, or otherwise limit or affect the dis21 covery of supply chain information from a private entity 

22 arising from a cause of action authorized under any under 

23 Federal, State, local, or Tribal law. 

24 (o) IMPLEMENTATION REPORT.— 


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1 (1) IN GENERAL.—Not later than 1 year after 

2 the date of enactment of this Act, the Secretary 

3 shall submit to the relevant committees of Congress 

4 and post on the website of the Under Secretary a re5 port on the implementation of this section. 

6 (2) ELEMENTS.—In carrying out paragraph 

7 (1), the Secretary shall— 

8 (A) identify any office or bureau within the 

9 Department of Commerce that the Secretary 

10 determines has duties, responsibilities, re11 sources, or expertise that support or duplicate 

12 the mission of the Office; 

13 (B) describe the purposes of the offices or 

14 bureaus identified under subparagraph (A); 

15 (C) identify if the Under Secretary is co16 ordinating with the offices and bureaus identi17 fied under subparagraph (A) in implementing 

18 the requirements of this Act; 

19 (D) if the Secretary makes a positive de20 termination under subparagraph (C), evaluate 

21 the effectiveness and efficiency of the Under 

22 Secretary and the offices and bureaus identified 

23 under subparagraph (A) at implementing the 

24 requirements of this section; and 


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1 (E) identify if the Secretary will consoli2 date functions amongst the Office and the of3 fices and bureaus identified under subpara4 graph (A). 

5 (p) CONSISTENCY WITH INTERNATIONAL AGREE6 MENTS.—This section shall be applied in a manner con7 sistent with United States obligations under international 

8 agreements. 

9 (q) AUTHORIZATION OF APPROPRIATIONS.—There is 

10 authorized to be appropriated to the Under Secretary 

11 $500,000,000 for fiscal years 2024 through 2028, to re12 main available until expended, to carry out this section, 

13 of which not more than 2 percent per fiscal year may be 

14 used for administrative costs. 

Æ 


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