II 

118TH CONGRESS 

2D SESSION S. 4375 

To establish a critical supply chain resiliency and crisis response program 

in the Department of Commerce, and to secure American leadership 

in deploying emerging technologies, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 21, 2024 

Ms. CANTWELL (for herself and Mrs. BLACKBURN) introduced the following 

bill; which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

A BILL 

To establish a critical supply chain resiliency and crisis response program in the Department of Commerce, and 

to secure American leadership in deploying emerging 

technologies, and for other purposes. 

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 ‘‘Promoting Resilient Supply Chains Act of 2024’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 


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Sec. 2. Additional responsibilities of Secretary of Commerce. 

Sec. 3. Critical supply chain resiliency and crisis response program. 

Sec. 4. Critical supply chain innovation and best practices. 

Sec. 5. Department of Commerce capability assessment. 

Sec. 6. Early warning mechanism for detecting potential supply chain shocks to 

critical supply chains. 

Sec. 7. Definitions. 

1 SEC. 2. ADDITIONAL RESPONSIBILITIES OF SECRETARY OF 

2 COMMERCE. 

3 (a) ADDITIONAL RESPONSIBILITIES.—In addition to 

4 the responsibilities of the Secretary on the day before the 

5 date of the enactment of this Act, the Secretary shall have 

6 the following responsibilities: 

7 (1) Promote the leadership of the United States 

8 with respect to critical industries, critical supply 

9 chains, and emerging technologies that— 

10 (A) strengthen the national security of the 

11 United States; and 

12 (B) have a significant effect on the eco13 nomic security of the United States. 

14 (2) Encourage consultation with other agencies, 

15 covered nongovernmental representatives, industry, 

16 institutions of higher education, and State and local 

17 governments in order to— 

18 (A) promote resilient critical supply chains; 

19 and 

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

21 supply chain shocks to— 

22 (i) critical industries; 


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1 (ii) critical supply chains; and 

2 (iii) emerging technologies. 

3 (3) Encourage the growth and competitiveness 

4 of United States productive capacities and manufac5 turing in the United States of emerging tech6 nologies. 

7 (4) Monitor the resilience, diversity, security, 

8 and strength of critical supply chains and critical in9 dustries (including critical industries for emerging 

10 technologies). 

11 (5) Support the availability of critical goods 

12 from domestic manufacturers, domestic enterprises, 

13 and manufacturing operations in countries that are 

14 an ally or key international partner nation. 

15 (6) Assist the Federal Government in preparing 

16 for and responding to supply chain shocks to critical 

17 supply chains, including by improving flexible manu18 facturing capacities and capabilities in the United 

19 States. 

20 (7) Consistent with United States obligations 

21 under international agreements, encourage and 

22 incentivize the reduced reliance of domestic enter23 prises and domestic manufacturers on critical goods 

24 from countries that are described in clause (i) or (ii) 

25 of section 7(2)(B). 


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1 (8) Encourage the relocation of manufacturing 

2 facilities that manufacture critical goods from coun3 tries that are described in clause (i) or (ii) of section 

4 7(2)(B) to the United States and countries that are 

5 an ally or key international partner nation to 

6 strengthen the resilience, diversity, security, and 

7 strength of critical supply chains. 

8 (9) Support the creation of jobs with competi9 tive wages in the United States manufacturing sec10 tor. 

11 (10) Encourage manufacturing growth and op12 portunities in rural and underserved communities. 

13 (11) Promote the health of the economy of the 

14 United States and the competitiveness of manufac15 turing in the United States. 

16 (b) CAPABILITIES AND TECHNICAL SUPPORT.—In 

17 carrying out subsection (a), the Secretary— 

18 (1) shall establish capabilities to— 

19 (A) assess the state of technology, innova20 tion, and production capacity in the United 

21 States and other countries; and 

22 (B) conduct other activities that the Sec23 retary considers to be critical for the use of 

24 analytic capabilities, statistics, datasets, and 


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1 metrics related to critical technologies and inno2 vation; and 

3 (2) may utilize external organizations to provide 

4 independent and objective technical support. 

5 SEC. 3. CRITICAL SUPPLY CHAIN RESILIENCY AND CRISIS 

6 RESPONSE PROGRAM. 

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

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

9 establish in the Department of Commerce a critical supply 

10 chain resiliency and crisis response program to conduct 

11 the activities described in subsection (b). 

12 (b) ACTIVITIES.—In carrying out the program, the 

13 Secretary shall conduct activities— 

14 (1) in coordination with the unified coordina15 tion group established under subsection (c), to— 

16 (A) map, monitor, and model critical sup17 ply chains, including critical supply chains for 

18 emerging technologies, which may include— 

19 (i) modeling the impact of supply 

20 chain shocks on critical industries (includ21 ing critical industries for emerging tech22 nologies), critical supply chains, domestic 

23 enterprises, and domestic manufacturers; 

24 (ii) monitoring the demand for and 

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1 ment, and manufacturing technology need2 ed for critical supply chains, including crit3 ical goods, production equipment, and 

4 manufacturing technology obtained by or 

5 purchased from a person outside of the 

6 United States or imported into the United 

7 States; and 

8 (iii) monitoring manufacturing, 

9 warehousing, transportation, and distribu10 tion related to critical supply chains; 

11 (B) identify high priority gaps and 

12 vulnerabilities, which may include single points 

13 of failure, in critical supply chains and critical 

14 industries (including critical industries for 

15 emerging technologies) that— 

16 (i) exist as of the date of the enact17 ment of this Act; or 

18 (ii) are anticipated to occur after the 

19 date of the enactment of this Act; 

20 (C) identify potential supply chain shocks 

21 to a critical supply chain that may disrupt, 

22 strain, compromise, or eliminate the critical 

23 supply chain (including supply chains involving 

24 emerging technologies); 


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1 (D) evaluate the capability and capacity of 

2 domestic manufacturers or manufacturers lo3 cated in countries that are an ally or key inter4 national partner nation to serve as sources for 

5 critical goods, production equipment, or manu6 facturing technology needed in critical supply 

7 chains (including supply chains involving 

8 emerging technologies); 

9 (E) evaluate the effect on the national se10 curity and economic competitiveness of the 

11 United States, including on consumer prices, 

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

13 disruption, strain, compromise, or elimination 

14 of a critical supply chain; 

15 (F) evaluate the state of the manufac16 turing workforce, including by— 

17 (i) identifying the needs of domestic 

18 manufacturers; and 

19 (ii) identifying opportunities to create 

20 high-quality manufacturing jobs; and 

21 (G) identify investments in critical goods, 

22 production equipment, and manufacturing tech23 nology from non-Federal sources; 

24 (2) in coordination with State and local govern25 ments and the unified coordination group established 


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1 under subsection (c), and, as appropriate, in con2 sultation with countries that are an ally or key inter3 national partner nation, to— 

4 (A) identify opportunities to reduce gaps 

5 and vulnerabilities in critical supply chains and 

6 critical industries (including critical industries 

7 for emerging technologies); 

8 (B) encourage consultation between the 

9 Federal Government, industry, covered non10 governmental representatives, institutions of 

11 higher education, and State and local govern12 ments to— 

13 (i) better respond to supply chain 

14 shocks to critical supply chains and critical 

15 industries (including critical industries for 

16 emerging technologies); and 

17 (ii) coordinate response efforts to sup18 ply chain shocks; 

19 (C) encourage consultation between the 

20 Federal Government and the governments of 

21 countries that are an ally or key international 

22 partner nation; 

23 (D) develop or identify opportunities to 

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1 ical supply chains, critical industries, and 

2 emerging technologies; 

3 (E) develop or identify opportunities to 

4 build the capacity of countries that are an ally 

5 or key international partner nation in critical 

6 industries (including critical industries for 

7 emerging technologies) and critical supply 

8 chains; 

9 (F) develop contingency plans and coordi10 nation mechanisms to improve the response of 

11 critical supply chains and critical industry (in12 cluding critical industries for emerging tech13 nologies) to supply chain shocks; and 

14 (G) support methods and technologies, in15 cluding blockchain technology, distributed ledg16 er technology, and other emerging technologies, 

17 as appropriate, for the authentication and 

18 traceability of critical goods; 

19 (3) acting within the authority of the Secretary 

20 that exists as of the date of the enactment of this 

21 Act, and in coordination and consultation with the 

22 Secretary of State and the United States Trade 

23 Representative, to consult with governments of coun24 tries that are an ally or key international partner 

25 nation to promote resilient critical supply chains 


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1 that ensure the supply of critical goods, production 

2 equipment, and manufacturing technology to the 

3 United States and companies located in countries 

4 that are an ally or key international partner nation; 

5 (4) in consultation with other offices and divi6 sions of the Department of Commerce and other 

7 agencies, to leverage existing authorities (as of the 

8 date of the enactment of this Act) to encourage the 

9 resilience of supply chains of critical industries (in10 cluding critical industries for emerging technologies); 

11 and 

12 (5) to determine which emerging technologies 

13 may assist in conducting the activities described in 

14 this subsection and promote such emerging tech15 nologies. 

16 (c) UNIFIED COORDINATION GROUP.—In conducting 

17 the activities described in subsection (b), the Secretary, 

18 in coordination and consultation with the heads of other 

19 relevant agencies, shall— 

20 (1) establish a unified coordination group led by 

21 the Secretary, which shall include, as appropriate, 

22 private sector partners and covered nongovernmental 

23 representatives, to serve as a body for consultation 

24 by agencies described in subsection (g) to plan for 

25 and respond to supply chain shocks and support the 


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1 resilience, diversity, security, and strength of critical 

2 supply chains; 

3 (2) establish subgroups of the unified coordina4 tion group established under paragraph (1) that 

5 shall be led by the head of an appropriate agency; 

6 and 

7 (3) through the unified coordination group es8 tablished under paragraph (1)— 

9 (A) acquire on a voluntary basis technical, 

10 engineering, and operational critical supply 

11 chain information from the private sector, in a 

12 manner that ensures any critical supply chain 

13 information provided by the private sector is 

14 kept confidential and is exempt from disclosure 

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

16 States Code (commonly known as the ‘‘Freedom 

17 of Information Act’’); 

18 (B) study the critical supply chain infor19 mation acquired under subparagraph (A) to as20 sess critical supply chains, including critical 

21 supply chains for emerging technologies, and in22 form planning for potential supply chain 

23 shocks; 

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; and 

3 (D) factor in any relevant findings from 

4 the studies required by the American COM5 PETE Act (title XV of division FF of the Con6 solidated Appropriations Act, 2021; Public Law 

7 116–260; 134 Stat. 3276). 

8 (d) INTERNATIONAL COOPERATION.—The Secretary, 

9 in coordination and consultation with the Secretary of 

10 State and the heads of other relevant agencies, may con11 sult with governments of countries that are an ally or key 

12 international partner nation relating to enhancing the se13 curity and resilience of critical supply chains in response 

14 to supply chain shocks. 

15 (e) DESIGNATIONS.—The Secretary shall— 

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

17 the enactment of this Act, designate— 

18 (A) critical industries; 

19 (B) critical supply chains; and 

20 (C) critical goods; 

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

22 review in carrying out paragraph (1); and 

23 (3) update the designations made under para24 graph (1) not less frequently than once every 4 

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1 scribed in section 7(12)(B) that the Secretary con2 siders necessary. 

3 (f) NATIONAL STRATEGY AND REVIEW ON CRITICAL

4 SUPPLY CHAIN RESILIENCY AND MANUFACTURING IN

5 THE UNITED STATES.— 

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

7 the date of the enactment of this Act, and not less 

8 frequently than once every 2 years thereafter, the 

9 Secretary, in consultation with the head of each rel10 evant agency, covered nongovernmental representa11 tive, industry, institution of higher education, and 

12 State and local government, shall submit to the rel13 evant committees of Congress and post on the 

14 website of the Secretary a report that— 

15 (A) identifies— 

16 (i) critical infrastructure that may as17 sist in fulfilling the responsibilities de18 scribed in section 2; 

19 (ii) emerging technologies that may 

20 assist in fulfilling the responsibilities de21 scribed in section 2 and carrying out the 

22 program, including such technologies that 

23 may be critical to addressing preparedness, 

24 weaknesses, and vulnerabilities relating to 

25 critical supply chains; 


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1 (iii) critical industries, critical supply 

2 chains, and critical goods designated under 

3 subsection (e); 

4 (iv) other supplies and services that 

5 are critical to the crisis preparedness of 

6 the United States; 

7 (v) substitutes for critical goods, pro8 duction equipment, and manufacturing 

9 technology; 

10 (vi) methods and technologies, includ11 ing blockchain technology, distributed ledg12 er technology, and other emerging tech13 nologies, as appropriate, for the authen14 tication and traceability of critical goods; 

15 and 

16 (vii) countries that are an ally or key 

17 international partner nation; 

18 (B) describes the matters identified and 

19 evaluated under subsection (b)(1), including— 

20 (i) the manufacturing base, critical 

21 supply chains, and emerging technologies 

22 in the United States, including the manu23 facturing base and critical supply chains 

24 for— 

25 (I) critical goods; 


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1 (II) production equipment; and 

2 (III) manufacturing technology; 

3 and 

4 (ii) the ability of the United States 

5 to— 

6 (I) maintain readiness with re7 spect to preparing for and responding 

8 to supply chain shocks; and 

9 (II) in response to a supply chain 

10 shock— 

11 (aa) surge production in 

12 critical industries; 

13 (bb) surge production of 

14 critical goods and production 

15 equipment; and 

16 (cc) maintain access to crit17 ical goods, production equipment, 

18 and manufacturing technology; 

19 (C) assesses and describes— 

20 (i) the demand and supply of critical 

21 goods, production equipment, and manu22 facturing technology; 

23 (ii) the production of critical goods, 

24 production equipment, and manufacturing 

25 technology by domestic manufacturers; 


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1 (iii) the capability and capacity of do2 mestic manufacturers and manufacturers 

3 in countries that are an ally or key inter4 national partner nation to manufacture 

5 critical goods, production equipment, and 

6 manufacturing technology; and 

7 (iv) how supply chain shocks could af8 fect rural, Tribal, and underserved commu9 nities; 

10 (D) identifies threats and supply chain 

11 shocks that may disrupt, strain, compromise, or 

12 eliminate critical supply chains, critical goods, 

13 and critical industries (including critical indus14 tries for emerging technologies); 

15 (E) with regard to any threat identified 

16 under subparagraph (D), lists any threat or 

17 supply chain shock that may originate from a 

18 country, or a company or individual from a 

19 country, that is described in clause (i) or (ii) of 

20 section 7(2)(B); 

21 (F) assesses— 

22 (i) the resilience and capacity of the 

23 manufacturing base, critical supply chains, 

24 and workforce of the United States and 

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1 national partner nation that can sustain 

2 critical industries (including critical indus3 tries for emerging technologies) through a 

4 supply chain shock; 

5 (ii) the effect innovation has on do6 mestic manufacturers; and 

7 (iii) any single points of failure in the 

8 critical supply chains described in clause 

9 (i); 

10 (G) with respect to countries that are an 

11 ally or key international partner nation, reviews 

12 the sourcing of critical goods, production equip13 ment, and manufacturing technology associated 

14 with critical industries located in such coun15 tries; 

16 (H) assesses the flexible manufacturing ca17 pacity and capability available in the United 

18 States in the case of a supply chain shock; and 

19 (I) develops a strategy for the Department 

20 of Commerce to support the resilience, diver21 sity, security, and strength of critical supply 

22 chains and emerging technologies to— 

23 (i) support sufficient access to critical 

24 goods by mitigating vulnerabilities in crit25 ical supply chains, including critical supply 


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1 chains concentrated in countries that are 

2 described in clause (i) or (ii) of section 

3 7(2)(B); 

4 (ii) consult with other relevant agen5 cies to assist countries that are an ally or 

6 key international partner nation in build7 ing capacity for manufacturing critical 

8 goods; 

9 (iii) recover from supply chain shocks; 

10 (iv) identify, in consultation with 

11 other relevant agencies, actions relating to 

12 critical supply chains or emerging tech13 nologies that the United States may take 

14 to— 

15 (I) raise living standards; 

16 (II) increase employment oppor17 tunities; and 

18 (III) improve responses to supply 

19 chain shocks; 

20 (v) protect against supply chain 

21 shocks relating to critical supply chains 

22 from countries that are described in clause 

23 (i) or (ii) of section 7(2)(B); 

24 (vi) support methods and technologies, 

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1 uted ledger technologies, and other emerg2 ing technologies, as appropriate, for the 

3 authentication and traceability of critical 

4 goods; and 

5 (vii) make specific recommendations 

6 to implement the strategy under this sec7 tion and improve the security and resil8 iency of manufacturing capacity and sup9 ply chains for critical industries (including 

10 critical industries for emerging tech11 nologies), by— 

12 (I) developing long-term strate13 gies; 

14 (II) increasing visibility into the 

15 networks and capabilities of domestic 

16 manufacturers and suppliers of do17 mestic manufacturers; 

18 (III) identifying industry best 

19 practices; 

20 (IV) evaluating how diverse sup21 plier networks, multi-platform and 

22 multi-region production capabilities 

23 and sources, and integrated global 

24 and regional critical supply chains can 

25 enhance the resilience of— 


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1 (aa) critical industries in the 

2 United States; 

3 (bb) emerging technologies 

4 in the United States; 

5 (cc) jobs in the United 

6 States; 

7 (dd) manufacturing capabili8 ties of the United States; and 

9 (ee) the access of the United 

10 States to critical goods during a 

11 supply chain shock; 

12 (V) identifying and mitigating 

13 risks, including— 

14 (aa) significant 

15 vulnerabilities to supply chain 

16 shocks; and 

17 (bb) exposure to gaps and 

18 vulnerabilities in domestic capac19 ity or capabilities and sources of 

20 imports needed to sustain critical 

21 industries (including critical in22 dustries for emerging tech23 nologies) or critical supply 

24 chains; 


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1 (VI) identifying enterprise re2 source planning systems that are— 

3 (aa) compatible across crit4 ical supply chain tiers; and 

5 (bb) affordable for all sizes 

6 of business and for startups; 

7 (VII) understanding the total 

8 cost of ownership, total value con9 tribution, and other best practices 

10 that encourage strategic partnerships 

11 throughout critical supply chains; 

12 (VIII) understanding Federal 

13 procurement opportunities to increase 

14 resilient critical supply chains and fill 

15 gaps in domestic purchasing; 

16 (IX) identifying opportunities to 

17 consult with countries that are an ally 

18 or key international partner nation to 

19 build more resilient critical supply 

20 chains and mitigate risks; 

21 (X) identifying opportunities to 

22 reuse and recycle critical goods, in23 cluding raw materials, to increase re24 silient critical supply chains; 


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1 (XI) in coordination with the 

2 Secretary of State, consulting with 

3 countries that are an ally or key inter4 national partner nation on— 

5 (aa) sourcing critical goods, 

6 production equipment, and man7 ufacturing technology; and 

8 (bb) developing, sustaining, 

9 and expanding production and 

10 availability of critical goods, pro11 duction equipment, and manufac12 turing technology during a supply 

13 chain shock; 

14 (XII) identifying such other serv15 ices as the Secretary determines nec16 essary; and 

17 (XIII) providing guidance to 

18 other relevant agencies with respect to 

19 critical goods, supply chains, and crit20 ical industries (including critical in21 dustries for emerging technologies) 

22 that should be prioritized to ensure 

23 United States leadership in the de24 ployment of such technologies. 


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1 (2) PROHIBITION.—The report submitted under 

2 paragraph (1) may not include— 

3 (A) critical supply chain information that 

4 is not aggregated; 

5 (B) confidential business information of a 

6 private sector entity; or 

7 (C) classified information. 

8 (3) FORM.—The report submitted under para9 graph (1), and any update submitted thereafter, 

10 shall be submitted to the relevant committees of 

11 Congress in unclassified form and may include a 

12 classified annex. 

13 (4) PUBLIC COMMENT.—The Secretary shall 

14 provide for a period of public comment and review 

15 in developing the report submitted under paragraph 

16 (1). 

17 (g) CONSULTATION.—Not later than 1 year after the 

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

19 into an agreement with the head of any relevant agency 

20 to obtain any information, data, or assistance that the 

21 Secretary determines necessary to conduct the activities 

22 described in subsection (b). 

23 (h) RULE OF CONSTRUCTION.—Nothing in this sec24 tion may be construed to require any private entity— 

25 (1) to share information with the Secretary; 


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1 (2) to request assistance from the Secretary; or 

2 (3) to implement any measure or recommenda3 tion suggested by the Secretary in response to a re4 quest by the private entity. 

5 (i) PROTECTION OF VOLUNTARILY SHARED CRIT6 ICAL SUPPLY CHAIN INFORMATION.— 

7 (1) PROTECTION.— 

8 (A) IN GENERAL.—Notwithstanding any 

9 other provision of law, critical supply chain in10 formation (including the identity of the submit11 ting person or entity) that is voluntarily sub12 mitted under this section to the Department of 

13 Commerce for use by the Department for pur14 poses of this section, when accompanied by an 

15 express statement specified in subparagraph 

16 (B)— 

17 (i) shall be exempt from disclosure 

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

19 States Code (commonly referred to as the 

20 ‘‘Freedom of Information Act’’); 

21 (ii) may not be made available to any 

22 Federal, State, local, or Tribal authority 

23 pursuant to any Federal, State, local, or 

24 Tribal law requiring public disclosure of in25 formation or records; and 


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1 (iii) may not, without the written con2 sent of the person or entity submitting the 

3 information, be used directly by the De4 partment of Commerce, or any other Fed5 eral, State, or local authority in any civil 

6 enforcement action brought by a Federal, 

7 State, or local authority. 

8 (B) EXPRESS STATEMENT.—The express 

9 statement described in this subparagraph, with 

10 respect to information or records, is— 

11 (i) in the case of written information 

12 or records, a written marking on the infor13 mation or records substantially similar to 

14 the following: ‘‘This information is volun15 tarily submitted to the Federal Govern16 ment in expectation of protection from dis17 closure as provided by section 3(i)(1) of 

18 the Promoting Resilient Supply Chains Act 

19 of 2024.’’; or 

20 (ii) in the case of oral information, a 

21 written statement similar to the statement 

22 described in clause (i) submitted within a 

23 reasonable period following the oral com24 munication. 


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1 (2) LIMITATION.—No communication of critical 

2 supply chain information to the Department of Com3 merce made pursuant to this section may be consid4 ered to be an action subject to the requirements of 

5 chapter 10 of title 5, United States Code. 

6 (3) INDEPENDENTLY OBTAINED INFORMA7 TION.—Nothing in this subsection may be construed 

8 to limit or otherwise affect the ability of a State, 

9 local, or Federal Government entity, agency, or au10 thority, or any third party, under applicable law, to 

11 obtain critical supply chain information in a manner 

12 not covered by paragraph (1), including any infor13 mation lawfully and properly disclosed generally or 

14 broadly to the public and to use such information in 

15 any manner permitted by law. For purposes of this 

16 subsection a permissible use of independently ob17 tained information includes the disclosure of such in18 formation under section 2302(b)(8) of title 5, 

19 United States Code. 

20 (4) TREATMENT OF VOLUNTARY SUBMITTAL OF

21 INFORMATION.—The voluntary submittal to the De22 partment of Commerce of information or records 

23 that are protected from disclosure by this section 

24 may not be construed to constitute compliance with 


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1 any requirement to submit such information to an 

2 agency under any other provision of law. 

3 (5) INAPPLICABILITY TO SEMICONDUCTOR IN4 CENTIVE PROGRAM.—This subsection does not apply 

5 to the voluntary submission of critical supply chain 

6 information in an application for Federal financial 

7 assistance under section 9902 of the William M. 

8 (Mac) Thornberry National Defense Authorization 

9 Act for Fiscal Year 2021 (Public Law 116–283). 

10 (j) SUNSET.—The program shall terminate not later 

11 than the date that is 7 years after the date of the enact12 ment of this Act. 

13 SEC. 4. CRITICAL SUPPLY CHAIN INNOVATION AND BEST 

14 PRACTICES. 

15 (a) IN GENERAL.—The Secretary shall, on an ongo16 ing basis, facilitate and support the development and dis17 semination of guidelines, best practices, management 

18 strategies, methodologies, procedures, and processes for 

19 domestic manufacturers, domestic enterprises, and other 

20 entities manufacturing, procuring, or using a critical good 

21 to— 

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

23 and strength of the critical supply chains of such 

24 manufacturers, enterprises, and entities; 


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1 (2) quantify the value of improved resilience, di2 versity, security, and strength of critical supply 

3 chains to such manufacturers, enterprises, and enti4 ties; 

5 (3) design and implement measures to reduce 

6 the risks of disruption, strain, compromise, or elimi7 nation of critical supply chains of such manufactur8 ers, enterprises, and entities; and 

9 (4) support the authentication and traceability 

10 of critical goods using blockchain technology, distrib11 uted ledger technologies, and other emerging tech12 nologies as appropriate. 

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

14 the Secretary shall do the following: 

15 (1) Consult closely and regularly with relevant 

16 private sector personnel and entities, manufacturing 

17 extension centers established as part of the Hollings 

18 Manufacturing Extension Partnership, Manufac19 turing USA institutes as described in section 34(d) 

20 of the National Institute of Standards and Tech21 nology Act (15 U.S.C. 278s(d)), and other relevant 

22 stakeholders and incorporate industry expertise. 

23 (2) Consult with the heads of relevant agencies 

24 (including agencies with jurisdiction over critical 

25 supply chains), States, local governments, Tribal 


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1 Governments, countries that are an ally or key inter2 national partner nation, and international organiza3 tions, as necessary. 

4 (3) Collaborate with private sector stakeholders 

5 to identify prioritized, flexible, repeatable, perform6 ance-based, and cost-effective critical supply chain 

7 resilience approaches that may be voluntarily adopt8 ed by domestic manufacturers, domestic enterprises, 

9 and other entities manufacturing, procuring, or 

10 using a critical good to achieve the goals of sub11 section (a). 

12 (4) Facilitate the design of— 

13 (A) voluntary processes for selecting sup14 pliers that support the resilience, diversity, se15 curity, and strength of critical supply chains; 

16 and 

17 (B) methodologies to identify and mitigate 

18 the effects of a disruption, strain, compromise, 

19 or elimination of a critical supply chain. 

20 (5) Facilitate the identification or application of 

21 methods and technologies, including blockchain tech22 nology, distributed ledger technologies, and other 

23 emerging technologies as appropriate, for the au24 thentication and traceability of critical goods. 


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1 (6) Disseminate research and information to as2 sist domestic manufacturers redesign products, ex3 pand domestic manufacturing capacity, and improve 

4 other capabilities as required to improve the resil5 ience, diversity, security, and strength of critical 

6 supply chains. 

7 (7) Incorporate relevant industry best practices. 

8 (8) Consider the private sector, including small 

9 businesses. 

10 (9) Leverage mechanisms that exist as of the 

11 date of the enactment of this Act for the Federal 

12 Government to provide critical supply chain solutions 

13 (including manufacturing technology, products, 

14 tools, and workforce development solutions related to 

15 critical supply chain resilience) to manufacturers, in16 cluding small and medium-sized manufacturers. 

17 (c) RULE OF CONSTRUCTION.—Nothing in this sec18 tion may be construed to— 

19 (1) require any private entity to share informa20 tion with the Secretary; 

21 (2) require any private entity to request assist22 ance from the Secretary; 

23 (3) require any private entity to implement any 

24 measure or recommendation suggested by the SecVerDate Sep 11 2014 16:36 Jun 29, 2024 Jkt 049200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S4375.IS S4375

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1 retary in response to a request by the private entity; 

2 or 

3 (4) require the adoption of any guideline, best 

4 practice, management strategy, methodology, proce5 dure, or process described in subsection (a). 

6 SEC. 5. DEPARTMENT OF COMMERCE CAPABILITY ASSESS7 MENT. 

8 (a) REPORT REQUIRED.—The Secretary shall 

9 produce a report— 

10 (1) identifying the duties, responsibilities, re11 sources, programs, and expertise within the offices 

12 and bureaus of the Department of Commerce rel13 evant to critical supply chain resilience and manu14 facturing innovation; 

15 (2) identifying and assessing the purpose, legal 

16 authority, effectiveness, efficiency, and limitations of 

17 each office or bureau identified under paragraph (1); 

18 and 

19 (3) providing recommendations to enhance the 

20 activities related to critical supply chain resilience 

21 and manufacturing innovation of the Department of 

22 Commerce, including— 

23 (A) improving the effectiveness, efficiency, 

24 and impact of the offices and bureaus identified 

25 under paragraph (1); 


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1 (B) coordination across offices and bu2 reaus identified under paragraph (1); and 

3 (C) consultation with agencies imple4 menting similar activities related to critical sup5 ply chain resilience and manufacturing innova6 tion. 

7 (b) SUBMISSION OF REPORT.—Not later than 2 years 

8 after the date of the enactment of this Act, the Secretary 

9 shall submit to the relevant committees of Congress the 

10 report required by subsection (a), along with a strategy 

11 to implement, as appropriate and as determined by the 

12 Secretary, the recommendations contained in the report. 

13 SEC. 6. EARLY WARNING MECHANISM FOR DETECTING PO14 TENTIAL SUPPLY CHAIN SHOCKS TO CRIT15 ICAL SUPPLY CHAINS. 

16 (a) ARTIFICIAL INTELLIGENCE DEFINED.—In this 

17 section, the term ‘‘artificial intelligence’’ has the meaning 

18 given that term in section 5002 of the National Artificial 

19 Intelligence Initiative Act of 2020 (15 U.S.C. 9401). 

20 (b) DEVELOPMENT OF MECHANISM.—The Secretary, 

21 in collaboration with the officials specified in subsection 

22 (g), shall develop an early warning mechanism designed 

23 to detect potential supply chain shocks to critical supply 

24 chains. 


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1 (c) ELEMENTS.—The mechanism required by sub2 section (b) shall— 

3 (1) where practicable, use artificial intelligence 

4 or quantum hybrid computing— 

5 (A) to identify potential supply chain 

6 shocks to critical supply chains; and 

7 (B) to support industry to identify alter8 native suppliers and supplies, and develop other 

9 methods, to mitigate the effects of such supply 

10 chain shocks, in coordination with the National 

11 Economic Council, the National Security Coun12 cil, and other relevant agencies; and 

13 (2) include measures to protect any business 

14 proprietary and trade secret information obtained by 

15 the Secretary in the event of public disclosure. 

16 (d) COLLECTION AND ANALYSIS OF DATA.— 

17 (1) IN GENERAL.—In implementing the mecha18 nism required by subsection (b), the Secretary may 

19 collect and analyze data from across the United 

20 States Government and from the private sector. 

21 (2) PUBLIC SECTOR DATA.—The Secretary is 

22 encouraged to develop partnerships or collaborations 

23 with other Federal agencies and with State and local 

24 governments to share information relating to critical 

25 supply chains— 


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1 (A) to better respond to supply chain 

2 shocks to such supply chains, including by co3 ordinating response efforts; and 

4 (B) to facilitate efforts to identify potential 

5 disruptions in such supply chains. 

6 (3) PRIVATE SECTOR DATA.—The Secretary 

7 may collect data under paragraph (1)— 

8 (A) from a private sector entity only with 

9 the consent of the entity; and 

10 (B) about a private sector entity using 

11 publicly available information or analysis. 

12 (4) DATA PROTECTION.— 

13 (A) IN GENERAL.—Notwithstanding any 

14 other provision of law, information about supply 

15 chain shocks to critical supply chains, including 

16 the identity of a person voluntarily submitting 

17 the information to the Department of Com18 merce for use by the Department under this 

19 section, when accompanied by an express state20 ment specified in subparagraph (B)— 

21 (i) shall be exempt from disclosure 

22 under subsection (b)(3) of section 552 of 

23 title 5, United States Code (commonly re24 ferred to as the ‘‘Freedom of Information 

25 Act’’); 


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1 (ii) may not be made available to any 

2 Federal, State, local, or Tribal authority 

3 pursuant to any Federal, State, local, or 

4 Tribal law requiring public disclosure of in5 formation or records; and 

6 (iii) may not, without the written con7 sent of the person submitting the informa8 tion, be used directly by the Department of 

9 Commerce, or any other Federal, State, or 

10 local authority in any civil enforcement ac11 tion brought by a Federal, State, or local 

12 authority. 

13 (B) EXPRESS STATEMENT.—The express 

14 statement described in this subparagraph, with 

15 respect to information, is— 

16 (i) in the case of written information 

17 or records, a written marking on the infor18 mation or records substantially similar to 

19 the following: ‘‘This information is volun20 tarily submitted to the Federal Govern21 ment in expectation of protection from dis22 closure as provided by section 6(d)(4) of 

23 the Promoting Resilient Supply Chains Act 

24 of 2024.’’; or 


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1 (ii) in the case of oral information, a 

2 written statement similar to the statement 

3 described in clause (i) submitted within a 

4 reasonable period following the oral com5 munication. 

6 (e) PRIVATE SECTOR CONSULTATION.—In devel7 oping and implementing the mechanism required by sub8 section (b), the Secretary shall consult with representa9 tives of the private sector, including industry, civil society, 

10 and institutions of higher education. 

11 (f) ANNUAL REPORTS.—Not later than one year after 

12 the date of the enactment of this Act, and annually there13 after, the Secretary shall submit to Congress a report 

14 on— 

15 (1) the status of the mechanism required by 

16 subsection (b); and 

17 (2) potential supply chain shocks to critical 

18 supply chains detected using that mechanism. 

19 (g) OFFICIALS SPECIFIED.—The officials specified in 

20 this subsection are the following: 

21 (1) The Secretary of State. 

22 (2) The Secretary of Defense. 

23 (3) The Secretary of Homeland Security. 

24 (4) The Secretary of Transportation. 

25 (5) The Secretary of Energy. 


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1 (6) The Secretary of Agriculture. 

2 (7) The Secretary of the Interior. 

3 (8) The Secretary of Health and Human Serv4 ices. 

5 (9) The United States Trade Representative. 

6 (10) The Administrator of the Small Business 

7 Administration. 

8 SEC. 7. DEFINITIONS. 

9 In this Act: 

10 (1) AGENCY.—The term ‘‘agency’’ has the 

11 meaning given that term in section 551 of title 5, 

12 United States Code. 

13 (2) ALLY OR KEY INTERNATIONAL PARTNER

14 NATION.—The term ‘‘ally or key international part15 ner nation’’— 

16 (A) means a country that is critical to ad17 dressing critical supply chain weaknesses and 

18 vulnerabilities; and 

19 (B) does not include— 

20 (i) a country that poses a significant 

21 risk to the national security or economic 

22 security of the United States; or 

23 (ii) a country that is described in sec24 tion 503(b) of the RANSOMWARE Act 

25 (title V of division BB of the Consolidated 


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1 Appropriations Act, 2023; Public Law 

2 117–328; 136 Stat. 5564). 

3 (3) COVERED NONGOVERNMENTAL REPRESENT4 ATIVE.—The term ‘‘covered nongovernmental rep5 resentative’’ means a representative as specified in 

6 the second sentence of section 135(b)(1) of the 

7 Trade Act of 1974 (19 U.S.C. 2155(b)(1)), except 

8 that such term does not include a representative of 

9 a non-Federal government. 

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

11 means any raw, in process, or manufactured mate12 rial (including any mineral, metal, or advanced proc13 essed material), article, commodity, supply, product, 

14 or item for which an absence of supply would have 

15 a significant effect on— 

16 (A) the national security or economic secu17 rity of the United States; and 

18 (B) either— 

19 (i) critical infrastructure; or 

20 (ii) an emerging technology. 

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

22 industry’’ means an industry that— 

23 (A) is critical for the national security or 

24 economic security of the United States; and 

25 (B) produces or procures a critical good. 


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1 (6) CRITICAL INFRASTRUCTURE.—The term 

2 ‘‘critical infrastructure’’ has the meaning given that 

3 term in section 1016 of the Critical Infrastructures 

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

5 (7) CRITICAL SUPPLY CHAIN.—The term ‘‘crit6 ical supply chain’’ means a supply chain for a crit7 ical good. 

8 (8) CRITICAL SUPPLY CHAIN INFORMATION.— 

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

10 information that is not customarily in the public do11 main and relates to— 

12 (A) sustaining and adapting a critical sup13 ply chain during a supply chain shock; 

14 (B) critical supply chain risk mitigation 

15 and recovery planning with respect to a supply 

16 chain shock, including any planned or past as17 sessment, projection, or estimate of a vulner18 ability within the critical supply chain, includ19 ing testing, supplier network assessments, pro20 duction flexibility, risk evaluations, risk man21 agement planning, or risk audits; or 

22 (C) operational best practices, planning, 

23 and supplier partnerships that enable enhanced 

24 resilience of a critical supply chain during a 

25 supply chain shock, including response, repair, 


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1 recovery, reconstruction, insurance, or con2 tinuity. 

3 (9) DOMESTIC ENTERPRISE.—The term ‘‘do4 mestic enterprise’’ means an enterprise that con5 ducts business in the United States and procures a 

6 critical good. 

7 (10) DOMESTIC MANUFACTURER.—The term 

8 ‘‘domestic manufacturer’’ means a business that 

9 conducts in the United States the research and de10 velopment, engineering, or production activities nec11 essary for manufacturing a critical good. 

12 (11) EMERGING TECHNOLOGY.—The term 

13 ‘‘emerging technology’’ means a technology that is 

14 critical for the national security or economic security 

15 of the United States, including the following: 

16 (A) Technologies included in the American 

17 COMPETE Act (title XV of division FF of the 

18 Consolidated Appropriations Act, 2021; Public 

19 Law 116–260; 134 Stat. 3276). 

20 (B) The following technologies: 

21 (i) Artificial intelligence. 

22 (ii) Automated vehicles and unmanned 

23 delivery systems. 


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1 (iii) Blockchain and other distributed 

2 ledger, data storage, data management, 

3 and cybersecurity technologies. 

4 (iv) Quantum computing and quan5 tum sensing. 

6 (v) Additive manufacturing. 

7 (vi) Advanced manufacturing and the 

8 Internet of Things. 

9 (vii) Nano technology. 

10 (viii) Robotics. 

11 (ix) Microelectronics, optical fiber ray, 

12 and high performance and advanced com13 puter hardware and software. 

14 (x) Semiconductors. 

15 (xi) Advanced materials science, in16 cluding composition 2D, other next genera17 tion materials, and related manufacturing 

18 technologies. 

19 (12) INSTITUTION OF HIGHER EDUCATION.— 

20 The term ‘‘institution of higher education’’ has the 

21 meaning given that term in section 101 of the High22 er Education Act of 1965 (20 U.S.C. 1001). 

23 (13) MANUFACTURE.—The term ‘‘manufac24 ture’’ means any activity that is necessary for the 

25 development, production, processing, distribution, or 


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1 delivery of any raw, in process, or manufactured ma2 terial (including any mineral, metal, and advanced 

3 processed material), article, commodity, supply, 

4 product, critical good, or item of supply. 

5 (14) MANUFACTURING TECHNOLOGY.—The 

6 term ‘‘manufacturing technology’’ means a tech7 nology that is necessary for the manufacturing of a 

8 critical good. 

9 (15) PRODUCTION EQUIPMENT.—The term 

10 ‘‘production equipment’’ means any component, sub11 system, system, equipment, tooling, accessory, part, 

12 or assembly necessary for the manufacturing of a 

13 critical good. 

14 (16) PROGRAM.—The term ‘‘program’’ means 

15 the critical supply chain resiliency and crisis re16 sponse program established under section 3(a). 

17 (17) 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 Energy and Com23 merce of the House of Representatives. 


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1 (18) RESILIENT CRITICAL SUPPLY CHAIN.—The 

2 term ‘‘resilient critical supply chain’’ means a crit3 ical supply chain that— 

4 (A) ensures that the United States can 

5 sustain critical industry, including emerging 

6 technologies, production, critical supply chains, 

7 services, and access to critical goods, production 

8 equipment, and manufacturing technology dur9 ing a supply chain shock; and 

10 (B) has key components of resilience that 

11 include— 

12 (i) effective private sector risk man13 agement and mitigation planning to sus14 tain critical supply chains and supplier 

15 networks during a supply chain shock; and 

16 (ii) minimized or managed exposure to 

17 a supply chain shock. 

18 (19) SECRETARY.—The term ‘‘Secretary’’ 

19 means the Secretary of Commerce or a designee of 

20 the Secretary. 

21 (20) STATE.—The term ‘‘State’’ means each of 

22 the several States, the District of Columbia, each 

23 commonwealth, territory, or possession of the United 

24 States, and each federally recognized Indian Tribe. 


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1 (21) SUPPLY CHAIN SHOCK.—The term ‘‘supply 

2 chain shock’’ includes the following: 

3 (A) A natural disaster. 

4 (B) A pandemic. 

5 (C) A biological threat. 

6 (D) A cyber attack. 

7 (E) A geopolitical conflict. 

8 (F) A terrorist or geopolitical attack. 

9 (G) An event for which the President de10 clares a major disaster or an emergency under 

11 section 401 or 501, respectively, of the Robert 

12 T. Stafford Disaster Relief and Emergency As13 sistance Act (42 U.S.C. 5170; 42 U.S.C. 5191). 

14 (H) Any other disruption or threat to a 

15 critical supply chain that affects the national 

16 security or economic security of the United 

17 States. 

Æ 


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