I 

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. 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Supply Chain Health And Integrity for the Nation’s Suc6 cess Act’’ or the ‘‘Supply CHAINS Act’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 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. 

3 SEC. 2. OFFICE OF MANUFACTURING SECURITY AND RESIL4 IENCE. 

5 (a) ESTABLISHMENT.—Not later than 180 days after 

6 the date of the enactment of this Act, the Secretary shall 

7 establish or designate an Office of Manufacturing Security 

8 and Resilience. 

9 (b) MISSION.—The mission of the Office shall be the 

10 following: 

11 (1) Help to promote the leadership of the 

12 United States with respect to critical industries and 

13 critical supply chains that— 

14 (A) strengthen the national security of the 

15 United States; and 

16 (B) have a significant effect on the eco17 nomic security of the United States. 

18 (2) Encourage partnerships and collaboration 

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1 ernments of countries that are allies or key inter2 national partner nations of the United States, States 

3 or political subdivisions thereof, and Tribal govern4 ments in order to— 

5 (A) promote the resilience of critical supply 

6 chains; and 

7 (B) identify, prepare for, and respond to 

8 supply chain shocks to— 

9 (i) critical industries; and 

10 (ii) critical supply chains. 

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

12 and strength of critical supply chains and critical in13 dustries. 

14 (4) Support the availability of critical goods 

15 from domestic manufacturers, domestic enterprises, 

16 and manufacturing operations in the United States 

17 and in countries that are allies or key international 

18 partner nations. 

19 (5) Assist the Federal Government in preparing 

20 for and responding to critical supply chain shocks, 

21 including by improving the flexible manufacturing 

22 capacities and capabilities in the United States. 

23 (6) Consistent with United States obligations 

24 under international agreements, encourage and 

25 incentivize the reduced reliance of domestic entities 


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1 and domestic manufacturers on critical goods from 

2 countries of concern. 

3 (7) Encourage the relocation of manufacturing 

4 facilities that manufacture critical goods from coun5 tries of concern to the United States and countries 

6 that are allies and key international partner nations 

7 to strengthen the resilience, diversity, security, and 

8 strength of critical supply chains. 

9 (8) Support the creation of jobs with competi10 tive wages in the United States manufacturing sec11 tor. 

12 (9) Encourage manufacturing growth and op13 portunities in economically distressed areas and un14 derserved communities. 

15 (10) Promote the health of the economy of the 

16 United States and the competitiveness of manufac17 turing in the United States. 

18 (c) ASSISTANT SECRETARY OF THE OFFICE.— 

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

20 the Office shall be the Assistant Secretary of Manu21 facturing Security and Resilience, appointed by the 

22 President, by and with the advice and consent of the 

23 Senate. 

24 (2) PAY.—The Assistant Secretary shall be 

25 compensated at the rate in effect for level IV of the 


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1 Executive Schedule under section 5315 of title 5, 

2 United States Code. 

3 (3) ADMINISTRATIVE AUTHORITIES.—The As4 sistant Secretary may appoint officers and employ5 ees in accordance with chapter 51 and subchapter 

6 III of chapter 53 of title 5, United States Code. 

7 (4) USE OF EXISTING DEPARTMENT PER8 SONNEL AND RESOURCES.—The Assistant Secretary 

9 shall, to the extent practicable, utilize existing per10 sonnel, resources, and expertise of the Department 

11 of Commerce. 

12 (d) EXPERTISE AND STAFFING.—In executing the 

13 mission under subsection (b), the Assistant Secretary— 

14 (1) shall establish capabilities to— 

15 (A) assess the state of technology, innova16 tion, and production capacity in the United 

17 States and other nations; and 

18 (B) conduct other activities deemed to be 

19 critical for the use of analytic capabilities, sta20 tistics, datasets, and metrics related to critical 

21 technologies and innovation; 

22 (2) may utilize external organizations, such as 

23 federally funded research and development centers 

24 and institutions of higher education, to provide inde25 pendent and objective technical support; and 


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1 (3) shall evaluate and implement, when avail2 able and as appropriate, recommendations from the 

3 Department of Commerce capability assessment pro4 duced under section 9. 

5 SEC. 3. DEPARTMENT OF COMMERCE ASSESSMENT AND 

6 STRATEGY TO COUNTER THREATS TO CRIT7 ICAL SUPPLY CHAINS. 

8 (a) IN GENERAL.—In accordance with Executive 

9 Order No. 14017 (86 Fed. Reg. 11849; relating to Amer10 ica’s supply chains), the Assistant Secretary shall, not 

11 later than 1 year after the date of the enactment of this 

12 Act, develop a strategy for the Department of Commerce 

13 to support the resilience, diversity, security, and strength 

14 of critical supply chains. 

15 (b) STRATEGY.—The strategy required under sub16 section (a) shall include a plan to do the following: 

17 (1) Support sufficient access to critical goods 

18 by mitigating critical supply chain vulnerabilities, in19 cluding critical supply chains concentrated in coun20 tries of concern. 

21 (2) Collaborate with other relevant Federal 

22 agencies to assist allies or key international partner 

23 nations build capacity for manufacturing critical 

24 goods. 


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1 (3) Initiate and support translation research in 

2 engineering and manufacturing by entering into con3 tracts or making other arrangements (including 

4 grants, awards, cooperative agreements, loans, and 

5 other forms of assistance) to advance that research 

6 and to assess the impact of that research on the eco7 nomic well-being, climate, environment, public 

8 health, and national security of the United States. 

9 (4) Recover from supply chain shocks. 

10 (5) Identify, in coordination with other relevant 

11 Federal agencies, actions relating to critical supply 

12 chains with which the United States might— 

13 (A) raise living standards; 

14 (B) increase employment opportunities; 

15 and 

16 (C) improve response to supply chain 

17 shocks. 

18 (6) Protect against supply chain shocks from 

19 countries of concern relating to critical supply 

20 chains. 

21 (7) Provide recommendations to effectuate the 

22 strategy under this section, including recommenda23 tions to— 


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1 (A) increase visibility into the networks 

2 and capabilities of suppliers and domestic man3 ufacturers; 

4 (B) identify industry best practices; 

5 (C) evaluate how diverse supplier networks, 

6 multi-platform and multi-region production ca7 pabilities and sources, and integrated global 

8 and regional critical supply chains can— 

9 (i) enhance the resilience of critical in10 dustries and manufacturing capabilities in 

11 the United States; 

12 (ii) support and create jobs in the 

13 United States; and 

14 (iii) support access of the United 

15 States to critical goods during a supply 

16 chain shock; 

17 (D) identify and mitigate risks, includ18 ing— 

19 (i) the financial and operational risks 

20 of a critical supply chain; 

21 (ii) significant vulnerabilities to crit22 ical supply chain shocks including extreme 

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1 political attacks, and other emergencies; 

2 and 

3 (iii) exposure to gaps and 

4 vulnerabilities in domestic capacity or ca5 pabilities and sources of imports needed to 

6 sustain critical industries and critical sup7 ply chains; 

8 (E) identify enterprise resource planning 

9 systems that are— 

10 (i) compatible across critical supply 

11 chain tiers; and 

12 (ii) affordable for small and medium13 sized businesses; 

14 (F) understand the total cost of ownership, 

15 total value contribution, and other best prac16 tices that encourage strategic partnerships 

17 throughout critical supply chains; 

18 (G) identify opportunities to work with al19 lies or key international partner nations of the 

20 United States to build more resilient critical in21 dustry supply chains and mitigate risks; 

22 (H) identify opportunities to reuse and re23 cycle critical goods, including raw materials, to 

24 increase the resilience of critical supply chains; 


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1 (I) strengthen the financial and oper2 ational health of small and medium-sized busi3 nesses in critical supply chains of the United 

4 States and countries that are allies or key inter5 national partner nations of the United States to 

6 mitigate risks and ensure diverse and competi7 tive supplier markets that are less vulnerable to 

8 failure; 

9 (J) coordinate with countries on— 

10 (i) sourcing critical goods, industrial 

11 equipment, and manufacturing technology; 

12 and 

13 (ii) developing, sustaining, and ex14 panding production and availability of crit15 ical goods, industrial equipment, and man16 ufacturing technology during a supply 

17 chain shock; and 

18 (K) identify such other services as the As19 sistant Secretary determines necessary. 

20 (c) SUBMISSION OF STRATEGY.— 

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

22 the date of enactment of this Act, the Assistant Sec23 retary shall submit to the Committee on Energy and 

24 Commerce of the House of Representatives and the 

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1 tation of the Senate, and publish on the website of 

2 the Department of Commerce, a report containing 

3 the strategy developed under subsection (a). 

4 (2) UPDATE.—Not less than once every 4 years 

5 after the date on which the strategy is submitted 

6 under paragraph (1), the Assistant Secretary shall 

7 submit to Congress and publish on the website of 

8 the Department of Commerce an update to such 

9 strategy. 

10 (3) FORM.—The report submitted under para11 graph (1), and any update submitted under para12 graph (2), shall be submitted in unclassified form 

13 and may include a classified annex. 

14 (d) ASSESSMENT.— 

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

16 the date of enactment of this Act, and not later than 

17 once every four years thereafter, the Assistant Sec18 retary, in coordination with the head of each rel19 evant Federal agency and relevant private sector en20 tities, labor organizations, States and political sub21 divisions thereof, and territorial and Tribal govern22 ments, shall submit to the relevant committees of 

23 Congress and post on the website of the Assistant 

24 Secretary a report on critical supply chain resilience 

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1 ferred to as the ‘‘report’’) to strengthen, improve, 

2 and preserve the resilience, diversity, security, and 

3 strength of critical supply chains. 

4 (2) CONTENTS OF ASSESSMENT.—The assess5 ment shall include the following: 

6 (A) An identification of— 

7 (i) industries that are critical for the 

8 national security of the United States, con9 sidering the key technology focus areas 

10 and critical infrastructure; 

11 (ii) supply chains and critical goods 

12 designated under section 4(d); 

13 (iii) other goods, supplies, and serv14 ices that are critical to the crisis prepared15 ness of the United States; 

16 (iv) substitutes for critical goods, in17 dustrial equipment, and manufacturing 

18 technology; and 

19 (v) countries that are critical to ad20 dressing critical supply chain weaknesses 

21 and vulnerabilities. 

22 (B) A description of the matters identified 

23 and evaluated pursuant to section 4(b)(1), in24 cluding— 


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1 (i) the manufacturing base and crit2 ical supply chains in the United States, in3 cluding the manufacturing base and crit4 ical supply chains for— 

5 (I) industrial equipment; 

6 (II) critical goods, including raw 

7 materials, semiconductors, and rare 

8 earth permanent magnets, that are es9 sential to the production of tech10 nologies and supplies for critical in11 dustries; and 

12 (III) manufacturing technology; 

13 and 

14 (ii) the ability of the United States 

15 to— 

16 (I) maintain readiness with re17 spect to preparing for and responding 

18 to supply chain shocks; and 

19 (II) in response to a supply chain 

20 shock— 

21 (aa) surge production in 

22 critical industries; 

23 (bb) surge production of 

24 critical goods and industrial 

25 equipment; and 


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

3 and manufacturing technology. 

4 (C) An assessment and description of— 

5 (i) demand and supply of critical 

6 goods, industrial equipment, and manufac7 turing technology; 

8 (ii) production of critical goods, indus9 trial equipment, and manufacturing tech10 nology by domestic manufacturers; 

11 (iii) the capability and capacity of do12 mestic manufacturers and manufacturers 

13 in countries that are allies or key inter14 national partner nations of the United 

15 States to manufacture critical goods, in16 dustrial equipment, and manufacturing 

17 technology; and 

18 (iv) how supply chain shocks could af19 fect rural, Tribal, and underserved commu20 nities. 

21 (D) An identification of defense, intel22 ligence, homeland, economic, domestic labor 

23 supply, natural, geopolitical, or other contin24 gencies and other supply chain shocks that may 


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1 disrupt, strain, compromise, or eliminate critical 

2 supply chains. 

3 (E) An assessment of— 

4 (i) the resilience and capacity of the 

5 manufacturing base, critical supply chains, 

6 and workforce of the United States and al7 lies and key international partner nations 

8 that can sustain critical industries through 

9 a supply chain shock; 

10 (ii) the flexible manufacturing capac11 ity and capabilities available in the United 

12 States in the case of a supply chain shock; 

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

15 (iv) any single points of failure in the 

16 critical supply chains described in clause 

17 (i). 

18 (F) With respect to countries that are al19 lies or key international partner nations of the 

20 United States, a review of the sourcing of crit21 ical goods, industrial equipment, and manufac22 turing technology associated with critical indus23 tries from those countries. 

24 (G) An assessment of policies, rules, and 

25 regulations that impact the operating costs of 


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1 domestic manufacturers and inhibit the ability 

2 for domestic manufacturers to compete with 

3 global competitors. 

4 (3) PROHIBITION.—The report may not in5 clude— 

6 (A) critical supply chain information that 

7 is not aggregated; or 

8 (B) confidential business information of a 

9 private sector entity. 

10 (4) COLLABORATION.—The head of any Fed11 eral agency with jurisdiction over any critical supply 

12 chain shall collaborate with the Assistant Secretary 

13 and provide any information, data, or assistance 

14 that the Assistant Secretary determines to be nec15 essary for developing the report. Such assistance 

16 may include the use of services, equipment, per17 sonnel, and facilities of other Federal agencies with 

18 or without reimbursement upon agreement between 

19 the Secretary and the head of such other Federal 

20 agency. 

21 (5) FORM.—The report, and any update sub22 mitted thereafter, shall be submitted in unclassified 

23 form and may include a classified annex. 


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1 (6) PUBLIC COMMENT.—The Assistant Sec2 retary shall provide for a period of public comment 

3 and review in developing the report. 

4 SEC. 4. CRITICAL SUPPLY CHAIN MONITORING PROGRAM. 

5 (a) ESTABLISHMENT.—The Assistant Secretary shall 

6 establish in the Department of Commerce a supply chain 

7 resiliency and crisis program to carry out the following 

8 activities described in subsection (b). 

9 (b) ACTIVITIES.—Under the program, the Assistant 

10 Secretary, shall carry out the following activities: 

11 (1) In coordination with the private sector and 

12 consultation with the coordination group established 

13 under subsection (c)— 

14 (A) map, monitor, and model the diversity, 

15 security, reliability, and strength of critical sup16 ply chains, which may include— 

17 (i) understanding the financial and 

18 operational conditions of domestic manu19 facturers and domestic enterprises involved 

20 in critical supply chains; 

21 (ii) modeling the impact of supply 

22 chain shocks on critical industries, critical 

23 supply chains, domestic enterprises, and 

24 domestic manufacturers; 


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1 (iii) monitoring the demand for and 

2 supply of critical goods and services, indus3 trial equipment, and manufacturing tech4 nology needed for critical supply chains, in5 cluding critical goods and services, indus6 trial equipment, and manufacturing tech7 nology obtained or purchased from a per8 son outside of the United States or im9 ported into the United States; and 

10 (iv) monitoring manufacturing, 

11 warehousing, transportation, and distribu12 tion related to critical supply chains; 

13 (B) identify high priority critical supply 

14 chain gaps and vulnerabilities, which may in15 clude single points of failure, single producers, 

16 and consolidated manufacturing, in critical in17 dustries and critical supply chains that— 

18 (i) exist as of the date of the enact19 ment of this section; or 

20 (ii) are anticipated in the future; 

21 (C) identify potential supply chain shocks 

22 that may disrupt, strain, compromise, or elimi23 nate a critical supply chain; 

24 (D) evaluate the capability and capacity of 

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1 cated in countries that are allies or key inter2 national partner nations to serve as sources for 

3 critical goods, industrial equipment, or manu4 facturing technology needed in critical supply 

5 chains; 

6 (E) evaluate the effect on the national se7 curity and economic competitiveness of the 

8 United States, including on consumer prices, 

9 job losses, and wages, that may result from the 

10 disruption, strain, compromise, or elimination 

11 of a critical supply chain; 

12 (F) evaluate the state of the manufac13 turing workforce, including by— 

14 (i) identifying the needs of domestic 

15 manufacturers; and 

16 (ii) identifying opportunities to create 

17 high-quality manufacturing jobs; and 

18 (G) identify investments in critical goods, 

19 industrial equipment, and manufacturing tech20 nology from non-Federal sources. 

21 (2) In coordination with the private sector, 

22 States or political subdivisions thereof, and Tribal 

23 governments, in consultation with the coordination 

24 group established under subsection (c), and, as ap25 propriate, in cooperation with the governments of 


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1 countries that are allies or key international partner 

2 nations of the United States, the following: 

3 (A) Identify opportunities to reduce critical 

4 supply chain gaps and vulnerabilities in critical 

5 industries and critical supply chains. 

6 (B) Encourage partnerships between the 

7 Federal Government and industry, labor organi8 zations, States and political subdivisions there9 of, territorial and Tribal governments, to better 

10 respond to supply chain shocks to critical indus11 tries and critical supply chains and coordinate 

12 response efforts. 

13 (C) Encourage partnerships between the 

14 Federal Government and the governments of 

15 countries that are allies or key international 

16 partner nations of the United States. 

17 (D) Develop or identify opportunities to 

18 build the capacity of the United States in crit19 ical industries and critical supply chains. 

20 (E) Develop or identify opportunities to 

21 build the capacity of countries that are allies or 

22 key international partner nations of the United 

23 States in critical industries and critical supply 

24 chains. 


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1 (F) Develop coordination mechanisms to 

2 improve critical supply chain response to supply 

3 chain shocks. 

4 (3) Acting within existing authorities of the De5 partment of Commerce and in coordination with the 

6 Secretary of State and the United States Trade 

7 Representative, work with governments of countries 

8 that are allies or key international partner nations 

9 of the United States to promote diversified and resil10 ient critical supply chains that ensure the supply of 

11 critical goods, industrial equipment, and manufac12 turing technology to the United States and compa13 nies of countries that are allies or key international 

14 partner nations of the United States. 

15 (4) Coordinate with other offices and divisions 

16 of the Department of Commerce and other Federal 

17 agencies to leverage existing authorities, as of the 

18 date of the enactment of this Act, to encourage the 

19 resilience of supply chains of critical industries. 

20 (c) COORDINATION GROUP.— 

21 (1) IN GENERAL.—In carrying out the applica22 ble activities under subsection (a), the Assistant Sec23 retary shall establish a unified coordination group 

24 led by the Assistant Secretary which may include, as 

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1 tions, and federally funded research and develop2 ment centers, to serve as a body for consultation and 

3 coordination between and among Federal agencies 

4 described under subsection (f) to plan for and re5 spond to supply chain shocks and support the resil6 ience, diversity, security, and strength of critical 

7 supply chains. 

8 (2) IMPLEMENTATION.—Through the unified 

9 coordination group established under paragraph (1), 

10 the Assistant Secretary shall do the following: 

11 (A) Acquire on a voluntary basis technical, 

12 engineering, and operational critical supply 

13 chain information from the private sector in a 

14 manner that ensures any critical supply chain 

15 information provided by the private sector is 

16 kept confidential and is exempt from disclosure 

17 under section 552(b)(3) of title 5, United 

18 States Code (commonly known as the ‘‘Freedom 

19 of Information Act’’). 

20 (B) Study the critical supply chain infor21 mation acquired under subparagraph (A) to as22 sess critical supply chain resilience and inform 

23 planning. 

24 (C) Convene with relevant private sector 

25 entities to share best practices, planning, and 


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1 capabilities to respond to potential supply chain 

2 shocks. 

3 (D) Develop contingency plans and coordi4 nation mechanisms to ensure an effective and 

5 coordinated response to potential supply chain 

6 shocks. 

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

8 described in paragraph (2), the Assistant Secretary 

9 may establish subgroups of the unified coordination 

10 group established under paragraph (1) led by the 

11 head of an appropriate Federal agency. 

12 (4) INTERNATIONAL COOPERATION.—The Sec13 retary, in consultation with other relevant Federal 

14 agencies, may cooperate or enter into agreements 

15 with governments of countries that are allies or key 

16 international partner nations of the United States 

17 relating to enhancing the security and resilience of 

18 critical supply chains in response to supply chain 

19 shocks. 

20 (d) DESIGNATIONS.—The Assistant Secretary shall— 

21 (1) not later than 270 days after the date of 

22 the enactment of this Act, designate— 

23 (A) critical industries; 

24 (B) supply chains; and 

25 (C) critical goods; 


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

2 review in carrying out paragraph (1); and 

3 (3) update the designations made under para4 graph (1) not less frequently than once every four 

5 years. 

6 (e) REPORT TO CONGRESS.—Concurrent with the an7 nual submission by the Secretary of the budget under sec8 tion 1105 of title 31, United States Code, the Secretary 

9 shall submit to the relevant committees of Congress and 

10 post on the website of the Assistant Secretary a report 

11 that contains a summary of the activities carried out 

12 under this section during the fiscal year covered by the 

13 report. Such report shall be submitted in unclassified form 

14 and may include a classified annex. 

15 (f) COORDINATION.— 

16 (1) IN GENERAL.—In implementing the require17 ments under this section, the Assistant Secretary 

18 shall, as appropriate coordinate with— 

19 (A) the heads of appropriate Federal agen20 cies, including— 

21 (i) the Secretary of State; and 

22 (ii) the United States Trade Rep23 resentative; and 

24 (B) the Attorney General and the Federal 

25 Trade Commission with respect to— 


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1 (i) advice on the design and activities 

2 of the unified coordination group described 

3 in subsection (c)(1); and 

4 (ii) ensuring compliance with Federal 

5 antitrust law. 

6 (2) SPECIFIC COORDINATION.—In carrying out 

7 the requirements under this section, with respect to 

8 critical supply chains involving specific sectors, the 

9 Assistant Secretary shall, as appropriate, coordinate 

10 with— 

11 (A) the Secretary of Defense; 

12 (B) the Secretary of Homeland Security; 

13 (C) the Secretary of the Treasury; 

14 (D) the Secretary of Energy; 

15 (E) the Secretary of Transportation; 

16 (F) the Secretary of Agriculture; 

17 (G) the Director of National Intelligence; 

18 (H) the Secretary of Health and Human 

19 Services; 

20 (I) the Small Business Administration; 

21 (J) the Secretary of Labor; and 

22 (K) the head of any other relevant Federal 

23 agency, as appropriate. 

24 (g) RULE OF CONSTRUCTION.—Nothing in this sec25 tion shall be construed to require any private entity— 


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1 (1) to share information with the Secretary or 

2 Assistant Secretary; 

3 (2) to request assistance from the Secretary or 

4 Assistant Secretary; or 

5 (3) that requests assistance from the Secretary 

6 or Assistant Secretary to implement any measure or 

7 recommendation suggested by the Secretary or As8 sistant Secretary. 

9 (h) PROTECTIONS.— 

10 (1) IN GENERAL.— 

11 (A) PROTECTIONS.—Subsections (a)(1), 

12 (b), and (d) of section 2224 of the Homeland 

13 Security Act of 2002 (6 U.S.C. 673) shall apply 

14 to the voluntary submission of critical supply 

15 chain information by a private entity under this 

16 section in the same manner as those provisions 

17 apply to critical infrastructure information vol18 untarily submitted to a covered agency for an19 other informational purpose under that sub20 section if the voluntary submission is accom21 panied by an express statement described in 

22 paragraph (2) of this subsection. 

23 (B) REFERENCES.—For the purpose of 

24 this subsection, with respect to section 2224 of 


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1 the Homeland Security Act of 2002 (6 U.S.C. 

2 673)— 

3 (i) the express statement described in 

4 subsection (a)(1) of that section shall be 

5 deemed to refer to the express statement 

6 described in paragraph (2) of this sub7 section; 

8 (ii) references in the subsections de9 scribed in subparagraph (A) to ‘‘this sub10 title’’ shall be deemed to refer to this sec11 tion; 

12 (iii) the reference to ‘‘protecting crit13 ical infrastructure or protected systems’’ in 

14 subsection (a)(1)(E)(iii) of that section 

15 shall be deemed to refer to carrying out 

16 this section; and 

17 (iv) the reference to ‘‘critical infra18 structure information’’ in subsections (b) 

19 and (c) of that section shall be deemed to 

20 refer to critical supply chain information. 

21 (2) EXPRESS STATEMENT.—The express state22 ment described in this paragraph, with respect to in23 formation or records, is— 

24 (A) in the case of written information or 

25 records, a written marking on the information 


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1 or records substantially similar to the following: 

2 ‘‘This information is voluntarily submitted to 

3 the Federal Government in expectation of pro4 tection from disclosure as provided by the provi5 sions of section 4(h) of the Supply Chain 

6 Health And Integrity for the Nation’s Success 

7 Act.’’; or 

8 (B) in the case of oral information, a writ9 ten statement similar to the statement de10 scribed in subparagraph (A) submitted within a 

11 reasonable period following the oral communica12 tion. 

13 (3) INAPPLICABILITY TO SEMICONDUCTOR IN14 CENTIVE PROGRAM.—This subsection shall not apply 

15 to the voluntary submission of critical supply chain 

16 information by a private entity in an application for 

17 Federal financial assistance under section 9902 of 

18 the William M. (Mac) Thornberry National Defense 

19 Authorization Act for Fiscal Year 2021 (Public Law 

20 116–283). 

21 (i) PROTECTIONS SAVINGS CLAUSE.—Nothing in 

22 subsection (h) shall be construed to limit or otherwise af23 fect the ability of a State, local, or Federal Government 

24 entity, agency, or authority, or any third party, under ap25 plicable law, to obtain supply chain information in a manVerDate Sep 11 2014 00:04 Feb 24, 2023 Jkt 039200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H763.IH H763

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1 ner not covered by subsection (h), including any informa2 tion lawfully and properly disclosed generally or broadly 

3 to the public and to use such information in any manner 

4 permitted by law. For purposes of subsection (h), a per5 missible use of independently obtained supply chain infor6 mation includes the disclosure of such information under 

7 section 2302(b)(8) of title 5, United States Code. 

8 (j) CONSISTENCY WITH INTERNATIONAL AGREE9 MENTS.—This section shall be applied in a manner con10 sistent with United States obligations under international 

11 agreements. 

12 SEC. 5. MANUFACTURING SECURITY AND RESILIENCE PRO13 GRAM. 

14 (a) IN GENERAL.—Not later than 270 days after the 

15 date of enactment of this Act, the Secretary shall enter 

16 into a contract with an independent entity to conduct a 

17 study evaluating the economic and national security bene18 fits and detriments of establishing a program within the 

19 Office to provide and incentivize, as applicable, grants, 

20 loans, loan guarantees, and equity investment to support 

21 the resilience, diversity, security, and strength of supply 

22 chains. 

23 (b) REPORT.—Not later than 2 years after the date 

24 of enactment of this Act, the Secretary shall submit to 

25 the Committee on Commerce, Science, and Transportation 


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1 of the Senate, the Committee on Energy and Commerce 

2 of the House of Representatives, and publish on the 

3 website of the Office, a report that contains the results 

4 of the study conducted by the entity described under sub5 section (a). 

6 SEC. 6. CRITICAL SUPPLY CHAIN INNOVATION AND BEST 

7 PRACTICES. 

8 (a) IN GENERAL.—Subject to the availability of ap9 propriations, the Assistant Secretary, in consultation with 

10 the Director of the National Institute of Standards and 

11 Technology, shall, on an ongoing basis, facilitate and sup12 port the development and dissemination of a voluntary set 

13 of standards, guidelines, best practices, management 

14 strategies, methodologies, procedures, and processes for 

15 domestic manufacturers and entities manufacturing, pur16 chasing, or using a critical good to— 

17 (1) measure the resilience, diversity, security, 

18 and strength of the critical supply chains of such 

19 manufacturers and entities; 

20 (2) quantify the value of improved resilience, di21 versity, security, and strength of critical supply 

22 chains to such manufacturers and entities; and 

23 (3) design and implement measures to reduce 

24 the risks of disruption, strain, compromise, or elimiVerDate Sep 11 2014 00:04 Feb 24, 2023 Jkt 039200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H763.IH H763

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1 nation of critical supply chains of such manufactur2 ers and entities. 

3 (b) REQUIREMENTS.—In carrying out subsection (a), 

4 the Assistant Secretary shall do the following: 

5 (1) Coordinate closely and regularly with rel6 evant private sector personnel and entities, manufac7 turing extension centers established as part of the 

8 Hollings Manufacturing Extension Partnership, 

9 Manufacturing USA institutes as described in sec10 tion 34(d) of the National Institute of Standards 

11 and Technology Act (15 U.S.C. 278s(d)), and other 

12 relevant stakeholders and incorporate industry ex13 pertise. 

14 (2) Consult with the head of any relevant Fed15 eral agency, including those with jurisdiction over 

16 critical supply chains, States, local governments, 

17 Tribal governments, the governments of other na18 tions, and international organizations, as necessary. 

19 (3) Collaborate with private sector stakeholders 

20 to identify prioritized, flexible, repeatable, perform21 ance-based, and cost-effective critical supply chain 

22 resilience approaches that may be voluntarily adopt23 ed by domestic manufacturers and entities pur24 chasing or using a critical good to achieve the goals 

25 of subsection (a). 


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1 (4) Facilitate the design of— 

2 (A) voluntary processes for selecting sup3 pliers that support the resilience, diversity, se4 curity, and strength of critical supply chains; 

5 and 

6 (B) methodologies to identify and mitigate 

7 the effects of a disruption, strain, compromise, 

8 or elimination of a critical supply chain. 

9 (5) Disseminate research and information to as10 sist domestic manufacturers redesign products, ex11 pand domestic manufacturing capacity, and improve 

12 other capabilities as required to improve the resil13 ience, diversity, security, and strength of critical 

14 supply chains. 

15 (6) Incorporate relevant voluntary standards 

16 and industry best practices. 

17 (7) Consider small business concerns. 

18 (8) Leverage existing mechanisms for the Fed19 eral Government to provide critical supply chain so20 lutions, including manufacturing technology, to in21 clude providing products, tools, and workforce devel22 opment solutions related to critical supply chain re23 silience to small and medium-sized manufacturers. 


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1 SEC. 7. PROGRAM EVALUATION BY THE INSPECTOR GEN2 ERAL OF THE DEPARTMENT OF COMMERCE. 

3 (a) PROGRAM EVALUATION.—Not later than 4 years 

4 after the date of the enactment of this Act, and every 4 

5 years thereafter, the Inspector General of the Department 

6 of Commerce shall conduct an audit of the Office to— 

7 (1) evaluate the extent to which the require8 ments under this Act are met; and 

9 (2) provide recommendations on any proposed 

10 changes to improve the effectiveness of the Office on 

11 meeting the mission described under section 2(b). 

12 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated to the Inspector General of 

14 the Department of Commerce $5,000,000 for fiscal years 

15 2024 through 2028, to remain available until expended, 

16 to carry out subsection (a). 

17 SEC. 8. AGRICULTURE AND FOOD SYSTEM CRITICAL SUP18 PLY CHAIN MONITORING AND ASSESSMENT. 

19 (a) ACTIVITIES.—Subject to the availability of appro20 priations, not later than 270 days after the date of the 

21 enactment of this Act, the Assistant Secretary, in con22 sultation with the Secretary of Agriculture, shall identify 

23 and evaluate the stability and reliability of the agriculture 

24 and food system critical supply chain, including— 

25 (1) the state of the agriculture and food system 

26 workforce and any critical supply chain 


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1 vulnerabilities related to the agriculture and food 

2 system workforce; 

3 (2) transportation bottlenecks in the distribu4 tion of agricultural inputs, processed and unproc5 essed food and food input products, and consumer6 ready food products; and 

7 (3) opportunities to create training and edu8 cation programs focused on high-quality jobs in the 

9 agriculture and food system that— 

10 (A) increase the stability of the agriculture 

11 and food system; and 

12 (B) alleviate critical supply chain bottle13 necks in the distribution of agricultural inputs, 

14 processed and unprocessed food and food input 

15 products, and consumer-ready food products. 

16 (b) REPORT TO CONGRESS.—In carrying out sub17 section (a), the Assistant Secretary shall submit to the 

18 Committee on Energy and Commerce and the Committee 

19 on Agriculture of the House of Representatives and the 

20 Committee on Commerce, Science, and Transportation 

21 and the Committee on Agriculture, Nutrition, and For22 estry of the Senate a report that contains the following: 

23 (1) An identification of the strengths, weak24 nesses, critical bottlenecks, workforce challenges and 

25 opportunities, and overall stability and reliability of 


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1 the agriculture and food system critical supply 

2 chain. 

3 (2) An assessment of Federal, State, and local 

4 laws and regulations that— 

5 (A) increase the stability and reliability of 

6 the agriculture and food system critical supply 

7 chain; or 

8 (B) decrease or otherwise negatively im9 pact, both in the present moment and in the fu10 ture, the stability and reliability of the agri11 culture and food system critical supply chain. 

12 (3) Specific recommendations to improve the se13 curity, safety, and resilience of the agriculture and 

14 food system critical supply chain. The recommenda15 tions shall contain— 

16 (A) long-term strategies; 

17 (B) industry best practices; 

18 (C) risk mitigation actions to prevent fu19 ture bottlenecks and vulnerabilities at all levels 

20 of the agriculture and food system critical sup21 ply chain; and 

22 (D) legislative and regulatory actions that 

23 would positively impact the security and resil24 ience of the agriculture and food system critical 

25 supply chain. 


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1 SEC. 9. DEPARTMENT OF COMMERCE CAPABILITY ASSESS2 MENT. 

3 (a) ASSESSMENT.—The Secretary shall, not later 

4 than one year after the date of the enactment of this Act, 

5 produce a report— 

6 (1) identifying the duties, responsibilities, re7 sources, programs, and expertise within the offices 

8 and bureaus of the Department of Commerce rel9 evant to critical supply chain resilience and manu10 facturing and industrial innovation; 

11 (2) identifying and assessing the purpose, legal 

12 authority, effectiveness, efficiency, and limitations of 

13 each office and bureau identified under paragraph 

14 (1); and 

15 (3) providing recommendations to improve the 

16 effectiveness, efficiency, and impact of the offices 

17 and bureaus identified under paragraph (1), which 

18 may include recommendations to coordinate— 

19 (A) across offices and bureaus identified 

20 under paragraph (1); and 

21 (B) with Federal agencies implementing 

22 similar activities related to critical supply chain 

23 resilience and manufacturing and industrial in24 novation. 

25 (b) EXTERNAL ORGANIZATION.—In producing the 

26 report required under subsection (a), the Secretary may 


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1 contract with an appropriate external organization, such 

2 as the National Academy of Public Administration. 

3 (c) REPORT.—The Secretary shall provide the report 

4 required under subsection (a) to the appropriate commit5 tees of Congress, along with a strategy to implement, as 

6 appropriate and as determined by the Secretary, the rec7 ommendations under the report. 

8 SEC. 10. DEFINITIONS. 

9 In this Act: 

10 (1) ALLY OR KEY INTERNATIONAL PARTNER

11 NATION.—The term ‘‘ally or key international part12 ner nation’’— 

13 (A) means countries that are critical to ad14 dressing critical supply chain weaknesses and 

15 vulnerabilities; and 

16 (B) does not include— 

17 (i) a country that poses a significant 

18 national security or economic security risk 

19 to the United States; or 

20 (ii) a country of concern. 

21 (2) ASSISTANT SECRETARY.—The term ‘‘Assist22 ant Secretary’’ means the Assistant Secretary of 

23 Manufacturing Security and Resilience appointed 

24 pursuant to section 2. 


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1 (3) COUNTRY OF CONCERN.—The term ‘‘coun2 try of concern’’ means a country in which a con3 centrated critical supply chain is located and— 

4 (A) that poses a significant national secu5 rity or economic security threat to the United 

6 States; 

7 (B) is a covered nation (as defined under 

8 section 4872 of title 10, United States Code); 

9 or 

10 (C) whose government, or elements of such 

11 government, has proven to have, or has been 

12 credibly alleged to have, committed crimes 

13 against humanity or genocide. 

14 (4) CRITICAL GOOD.—The term ‘‘critical good’’ 

15 means any raw, in process, or manufactured mate16 rial (including any mineral, metal, or advanced proc17 essed material), article, commodity, supply, product, 

18 or item of supply the absence of which would have 

19 a significant effect on— 

20 (A) the national security or economic secu21 rity of the United States; and 

22 (B) critical infrastructure. 

23 (5) CRITICAL INDUSTRY.—The term ‘‘critical 

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

25 national security or economic security of the United 


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1 States, considering key technology focus areas and 

2 critical infrastructure. 

3 (6) CRITICAL INFRASTRUCTURE.—The term 

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

5 that term in the Critical Infrastructures Protection 

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

7 (7) CRITICAL SUPPLY CHAIN.—The term ‘‘crit8 ical supply chain’’ means a critical supply chain for 

9 a critical good. 

10 (8) CRITICAL SUPPLY CHAIN INFORMATION.— 

11 The term ‘‘critical supply chain information’’ means 

12 information that is not customarily in the public do13 main and relating to— 

14 (A) sustaining and adapting critical supply 

15 chains during a supply chain shock; 

16 (B) critical supply chain risk mitigation 

17 and recovery planning with respect to a supply 

18 chain shock, including any planned or past as19 sessment, projection, or estimate of a vulner20 ability within the critical supply chain, includ21 ing testing, supplier network assessments, pro22 duction flexibility, risk evaluations thereto, risk 

23 management planning, or risk audits; or 

24 (C) operational best practices, planning, 

25 and supplier partnerships that enable enhanced 


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1 resilience of critical supply chains during a sup2 ply chain shock, including response, repair, re3 covery, reconstruction, insurance, or continuity. 

4 (9) DOMESTIC ENTERPRISE.—The term ‘‘do5 mestic enterprise’’ means an enterprise that con6 ducts business in the United States and procures a 

7 critical good. 

8 (10) DOMESTIC MANUFACTURER.—The term 

9 ‘‘domestic manufacturer’’ means a business that 

10 conducts in the United States the research and de11 velopment, engineering, or production activities nec12 essary for manufacturing. 

13 (11) ECONOMICALLY DISTRESSED AREA.—The 

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

15 that meets 1 or more of the requirements described 

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

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

18 (12) FEDERAL AGENCY.—The term ‘‘Federal 

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

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

21 (13) INDUSTRIAL EQUIPMENT.—The term ‘‘in22 dustrial equipment’’ means any component, sub23 system, system, equipment, tooling, accessory, part, 

24 or assembly necessary for the manufacturing of a 

25 critical good. 


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1 (14) KEY TECHNOLOGY FOCUS AREAS.—The 

2 term ‘‘key technology focus areas’’ means the key 

3 technology focus areas identified under section 

4 10387 of the Research and Development, Competi5 tion, and Innovation Act (42 U.S.C. 19107; Public 

6 Law 117–167). 

7 (15) LABOR ORGANIZATION.—The term ‘‘labor 

8 organization’’ has the meaning given the term in 

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

10 U.S.C. 152(5)), except that such term shall also in11 clude— 

12 (A) any organization composed of labor or13 ganizations, such as a labor union federation or 

14 a State or municipal labor body; and 

15 (B) any organization which would be in16 cluded in the definition for such term under 

17 such section 2(5) but for the fact that the orga18 nization represents— 

19 (i) individuals employed by the United 

20 States, any wholly owned Government cor21 poration, any Federal Reserve Bank, or 

22 any State or political subdivision thereof; 

23 (ii) individuals employed by persons 

24 subject to the Railway Labor Act (45 

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


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1 (iii) individuals employed as agricul2 tural laborers. 

3 (16) MANUFACTURE.—The term ‘‘manufac4 ture’’ means any activity that is necessary for the 

5 development, production, processing, distribution, or 

6 delivery of any raw, in process, or manufactured ma7 terial (including any mineral, metal, and advanced 

8 processed material), article, commodity, supply, 

9 product, critical good, or item of supply. 

10 (17) MANUFACTURING TECHNOLOGY.—The 

11 term ‘‘manufacturing technology’’ means tech12 nologies that are necessary for the manufacturing of 

13 a critical good. 

14 (18) OFFICE.—The term ‘‘Office’’ means the 

15 Office of Manufacturing Security and Resilience es16 tablished under section 2. 

17 (19) RELEVANT COMMITTEES OF CONGRESS.— 

18 The term ‘‘relevant committees of Congress’’ means 

19 the following: 

20 (A) The Committee on Commerce, Science, 

21 and Transportation of the Senate. 

22 (B) The Committee on Appropriations of 

23 the Senate. 

24 (C) The Committee on Finance of the Sen25 ate. 


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1 (D) The Committee on Homeland Security 

2 and Governmental Affairs of the Senate. 

3 (E) The Committee on Armed Services of 

4 the Senate. 

5 (F) The Committee on Energy and Nat6 ural Resources of the Senate. 

7 (G) The Select Committee on Intelligence 

8 of the Senate. 

9 (H) The Committee on Science, Space, and 

10 Technology of the House of Representatives. 

11 (I) The Committee on Energy and Com12 merce of the House of Representatives. 

13 (J) The Committee on Appropriations of 

14 the House of Representatives. 

15 (K) The Committee on Ways and Means of 

16 the House of Representatives. 

17 (L) The Committee on Homeland Security 

18 of the House of Representatives. 

19 (M) The Committee on Armed Services of 

20 the House of Representatives. 

21 (N) The Permanent Select Committee on 

22 Intelligence of the House of Representatives. 

23 (O) The Committee on Agriculture of the 

24 House of Representatives. 


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1 (P) The Committee on Agriculture, Nutri2 tion, and Forestry of the Senate. 

3 (20) RESILIENT CRITICAL SUPPLY CHAIN.—The 

4 term ‘‘resilient critical supply chain’’ means a crit5 ical supply chain that— 

6 (A) ensures that the United States can 

7 sustain critical industry production, critical sup8 ply chains, services, and access to critical goods, 

9 industrial equipment, and manufacturing tech10 nology during supply chain shocks; and 

11 (B) has key components of resilience that 

12 include— 

13 (i) effective private sector risk man14 agement and mitigation planning to sus15 tain critical supply chains and supplier 

16 networks during a supply chain shock; 

17 (ii) minimized or managed exposure to 

18 supply chain shocks; and 

19 (iii) the financial and operational ca20 pacity to— 

21 (I) sustain critical supply chains 

22 during supply chain shocks; and 

23 (II) recover from supply chain 

24 shocks. 


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1 (21) SECRETARY.—The term ‘‘Secretary’’ 

2 means the Secretary of Commerce. 

3 (22) SMALL BUSINESS CONCERN.—The term 

4 ‘‘small business concern’’ has the meaning given 

5 that term in section 3(a) of the Small Business Act 

6 (15 U.S.C. 632(a)). 

7 (23) STATE.—The term ‘‘State’’ means each 

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

9 American Samoa, Guam, the Commonwealth of the 

10 Northern Mariana Islands, Puerto Rico, the Virgin 

11 Islands of the United States, and any other territory 

12 of the United States. 

13 (24) SUPPLY CHAIN SHOCK.—The term ‘‘supply 

14 chain shock’’ includes the following: 

15 (A) A natural disaster or extreme weather 

16 event. 

17 (B) A pandemic. 

18 (C) A biological threat. 

19 (D) A cyber attack. 

20 (E) A great power conflict. 

21 (F) A terrorist or geopolitical attack. 

22 (G) A public health emergency declared by 

23 the Secretary of Health and Human Services 

24 pursuant to section 319 of the Public Health 

25 Service Act (42 U.S.C. 247d). 


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1 (H) An event for which the President de2 clares a major disaster or an emergency under 

3 section 401 or 501, respectively, of the Robert 

4 T. Stafford Disaster Relief and Emergency As5 sistance Act (42 U.S.C. 5170 and 5191). 

6 (I) Any other critical supply chain disrup7 tion or threat that affects the national security 

8 or economic security of the United States. 

Æ 


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