IB 

Union Calendar No. 392 

118TH CONGRESS 

2D SESSION H. R. 6571 

[Report No. 118–473] 

To establish a critical supply chain resiliency and crisis response program 

in the Department of Commerce, and to secure American leadership 

in deploying emerging technologies, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 4, 2023 

Mr. BUCSHON (for himself and Ms. BLUNT ROCHESTER) introduced the 

following bill; which was referred to the Committee on Energy and Commerce 

APRIL 26, 2024 

Additional sponsors: Mr. WALBERG, Ms. KELLY of Illinois, Mr. PENCE, Mrs. 

DINGELL, Mr. CARTER of Georgia, Ms. WILD, Mr. PFLUGER, and Mrs. 

FLETCHER

APRIL 26, 2024 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on December 4, 2023] 


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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. 


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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 ‘‘Pro5 moting Resilient Supply Chains Act of 2023’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Additional responsibilities of Assistant Secretary of Commerce for Industry and Analysis. 

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. Definitions. 

8 SEC. 2. ADDITIONAL RESPONSIBILITIES OF ASSISTANT SEC9 RETARY OF COMMERCE FOR INDUSTRY AND 

10 ANALYSIS. 

11 (a) ADDITIONAL RESPONSIBILITIES.—In addition to 

12 the responsibilities of the Assistant Secretary on the day 

13 before the date of the enactment of this Act, the Assistant 

14 Secretary shall have the following responsibilities: 

15 (1) Promote the leadership of the United States 

16 with respect to critical industries, critical supply 

17 chains, and emerging technologies that— 

18 (A) strengthen the national security of the 

19 United States; and 

20 (B) have a significant effect on the economic 

21 security of the United States. 


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1 (2) Encourage consultation with other agencies, 

2 covered nongovernmental representatives, industry, 

3 institutions of higher education, and State and local 

4 governments in order to— 

5 (A) promote resilient critical supply chains; 

6 and 

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

8 supply chain shocks to— 

9 (i) critical industries; 

10 (ii) critical supply chains; and 

11 (iii) emerging technologies. 

12 (3) Encourage the growth and competitiveness of 

13 United States productive capacities and manufac14 turing in the United States of emerging technologies. 

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

16 and strength of critical supply chains and critical in17 dustries (including critical industries for emerging 

18 technologies). 

19 (5) Support the availability of critical goods 

20 from domestic manufacturers, domestic enterprises, 

21 and manufacturing operations in countries that are 

22 an ally or key international partner nation. 

23 (6) Assist the Federal Government in preparing 

24 for and responding to supply chain shocks to critical 

25 supply chains, including by improving flexible manuVerDate Sep 11 2014 21:59 Apr 26, 2024 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H6571.RH H6571

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1 facturing capacities and capabilities in the United 

2 States. 

3 (7) Consistent with United States obligations 

4 under international agreements, encourage and 

5 incentivize the reduced reliance of domestic enter6 prises and domestic manufacturers on critical goods 

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

8 of section 6(2)(B). 

9 (8) Encourage the relocation of manufacturing 

10 facilities that manufacture critical goods from coun11 tries that are described in clause (i) or (ii) of section 

12 6(2)(B) to the United States and countries that are 

13 an ally or key international partner nation to 

14 strengthen the resilience, diversity, security, and 

15 strength of critical supply chains. 

16 (9) Support the creation of jobs with competitive 

17 wages in the United States manufacturing sector. 

18 (10) Encourage manufacturing growth and op19 portunities in rural and underserved communities. 

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

21 United States and the competitiveness of manufac22 turing in the United States. 

23 (b) CAPABILITIES AND TECHNICAL SUPPORT.—In car24 rying out subsection (a), the Assistant Secretary— 

25 (1) shall establish capabilities to— 


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1 (A) assess the state of technology, innova2 tion, and production capacity in the United 

3 States and other countries; and 

4 (B) conduct other activities that the Assist5 ant Secretary considers to be critical for the use 

6 of analytic capabilities, statistics, datasets, and 

7 metrics related to critical technologies and inno8 vation; and 

9 (2) may utilize external organizations to provide 

10 independent and objective technical support. 

11 SEC. 3. CRITICAL SUPPLY CHAIN RESILIENCY AND CRISIS 

12 RESPONSE PROGRAM. 

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

14 the date of the enactment of this Act, the Assistant Secretary 

15 shall establish in the Department of Commerce a critical 

16 supply chain resiliency and crisis response program to con17 duct the activities described in subsection (b). 

18 (b) ACTIVITIES.—In carrying out the program, the As19 sistant Secretary shall conduct activities— 

20 (1) in coordination with the unified coordination 

21 group established under subsection (c), to— 

22 (A) map, monitor, and model critical sup23 ply chains, including critical supply chains for 

24 emerging technologies, which may include— 


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1 (i) modeling the impact of supply 

2 chain shocks on critical industries (includ3 ing critical industries for emerging tech4 nologies), critical supply chains, domestic 

5 enterprises, and domestic manufacturers; 

6 (ii) monitoring the demand for and 

7 supply of critical goods, production equip8 ment, and manufacturing technology needed 

9 for critical supply chains, including critical 

10 goods, production equipment, and manufac11 turing technology obtained by or purchased 

12 from a person outside of the United States 

13 or imported into the United States; and 

14 (iii) monitoring manufacturing, 

15 warehousing, transportation, and distribu16 tion related to critical supply chains; 

17 (B) identify high priority gaps and 

18 vulnerabilities, which may include single points 

19 of failure, in critical supply chains and critical 

20 industries (including critical industries for 

21 emerging technologies) that— 

22 (i) exist as of the date of the enactment 

23 of this Act; or 

24 (ii) are anticipated to occur after the 

25 date of the enactment of this Act; 


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1 (C) identify potential supply chain shocks 

2 to a critical supply chain that may disrupt, 

3 strain, compromise, or eliminate the critical sup4 ply chain (including supply chains involving 

5 emerging technologies); 

6 (D) evaluate the capability and capacity of 

7 domestic manufacturers or manufacturers located 

8 in countries that are an ally or key inter9 national partner nation to serve as sources for 

10 critical goods, production equipment, or manu11 facturing technology needed in critical supply 

12 chains (including supply chains involving 

13 emerging technologies); 

14 (E) evaluate the effect on the national secu15 rity and economic competitiveness of the United 

16 States, including on consumer prices, job losses, 

17 and wages, that may result from the disruption, 

18 strain, compromise, or elimination of a critical 

19 supply chain; 

20 (F) evaluate the state of the manufacturing 

21 workforce, including by— 

22 (i) identifying the needs of domestic 

23 manufacturers; and 

24 (ii) identifying opportunities to create 

25 high-quality manufacturing jobs; and 


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1 (G) identify investments in critical goods, 

2 production equipment, and manufacturing tech3 nology from non-Federal sources; 

4 (2) in coordination with State and local govern5 ments and the unified coordination group established 

6 under subsection (c), and, as appropriate, in con7 sultation with countries that are an ally or key inter8 national partner nation, to— 

9 (A) identify opportunities to reduce gaps 

10 and vulnerabilities in critical supply chains and 

11 critical industries (including critical industries 

12 for emerging technologies); 

13 (B) encourage consultation between the Fed14 eral Government, industry, covered nongovern15 mental representatives, institutions of higher 

16 education, and State and local governments to— 

17 (i) better respond to supply chain 

18 shocks to critical supply chains and critical 

19 industries (including critical industries for 

20 emerging technologies); and 

21 (ii) coordinate response efforts to sup22 ply chain shocks; 

23 (C) encourage consultation between the Fed24 eral Government and the governments of counVerDate Sep 11 2014 21:59 Apr 26, 2024 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H6571.RH H6571

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1 tries that are an ally or key international part2 ner nation; 

3 (D) develop or identify opportunities to 

4 build the capacity of the United States in crit5 ical supply chains, critical industries, and 

6 emerging technologies; 

7 (E) develop or identify opportunities to 

8 build the capacity of countries that are an ally 

9 or key international partner nation in critical 

10 industries (including critical industries for 

11 emerging technologies) and critical supply 

12 chains; 

13 (F) develop contingency plans and coordi14 nation mechanisms to improve the response of 

15 critical supply chains and critical industry (in16 cluding critical industries for emerging tech17 nologies) to supply chain shocks; and 

18 (G) support methods and technologies, in19 cluding blockchain technology, distributed ledger 

20 technology, and other emerging technologies, as 

21 appropriate, for the authentication and 

22 traceability of critical goods; 

23 (3) acting within the authority of the Secretary 

24 that exists as of the date of the enactment of this Act, 

25 and in consultation with the Secretary of State and 


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1 the United States Trade Representative, to consult 

2 with governments of countries that are an ally or key 

3 international partner nation to promote resilient crit4 ical supply chains that ensure the supply of critical 

5 goods, production equipment, and manufacturing 

6 technology to the United States and companies lo7 cated in countries that are an ally or key inter8 national partner nation; 

9 (4) in consultation with other offices and divi10 sions of the Department of Commerce and other agen11 cies, to leverage existing authorities (as of the date of 

12 the enactment of this Act) to encourage the resilience 

13 of supply chains of critical industries (including crit14 ical industries for emerging technologies); and 

15 (5) to determine which emerging technologies 

16 may assist in conducting the activities described in 

17 this subsection and promote such emerging tech18 nologies. 

19 (c) UNIFIED COORDINATION GROUP.—In conducting 

20 the activities described in subsection (b), the Assistant Sec21 retary shall— 

22 (1) establish a unified coordination group led by 

23 the Assistant Secretary, which shall include, as ap24 propriate, private sector partners and covered non25 governmental representatives, to serve as a body for 


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1 consultation by agencies described in subsection (g) to 

2 plan for and respond to supply chain shocks and sup3 port the resilience, diversity, security, and strength of 

4 critical supply chains; 

5 (2) establish subgroups of the unified coordina6 tion group established under paragraph (1) that shall 

7 be led by the head of an appropriate agency; and 

8 (3) through the unified coordination group estab9 lished under paragraph (1)— 

10 (A) acquire on a voluntary basis technical, 

11 engineering, and operational critical supply 

12 chain information from the private sector, in a 

13 manner that ensures any critical supply chain 

14 information provided by the private sector is 

15 kept confidential and is exempt from disclosure 

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

17 Code (commonly known as the ‘‘Freedom of In18 formation Act’’); 

19 (B) study the critical supply chain infor20 mation acquired under subparagraph (A) to as21 sess critical supply chains, including critical 

22 supply chains for emerging technologies, and in23 form planning for potential supply chain shocks; 

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1 pabilities to respond to potential supply chain 

2 shocks; and 

3 (D) factor in any relevant findings from the 

4 studies required by the American COMPETE 

5 Act (title XV of division FF of the Consolidated 

6 Appropriations Act, 2021; Public Law 116–260; 

7 134 Stat. 3276). 

8 (d) INTERNATIONAL COOPERATION.—The Secretary, in 

9 consultation with other relevant agencies, may consult with 

10 governments of countries that are an ally or key inter11 national partner nation relating to enhancing the security 

12 and resilience of critical supply chains in response to sup13 ply chain shocks. 

14 (e) DESIGNATIONS.—The Assistant Secretary shall— 

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

16 enactment of this Act, designate— 

17 (A) critical industries; 

18 (B) critical supply chains; and 

19 (C) critical goods; 

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

21 review in carrying out paragraph (1); and 

22 (3) update the designations made under para23 graph (1) not less frequently than once every 4 years, 

24 including designations for technologies not described 


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1 in section 6(12)(B) that the Assistant Secretary con2 siders necessary. 

3 (f) NATIONAL STRATEGY AND REVIEW ON CRITICAL

4 SUPPLY CHAIN RESILIENCY AND MANUFACTURING IN THE

5 UNITED STATES.— 

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

7 the date of the enactment of this Act, and not less fre8 quently than once every 2 years thereafter, the Assist9 ant Secretary, in consultation with the head of each 

10 relevant 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 website 

14 of the Assistant 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 as20 sist 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 the 

6 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 ledger 

12 technology, and other emerging technologies, 

13 as appropriate, for the authentication and 

14 traceability of critical goods; and 

15 (vii) countries that are an ally or key 

16 international partner nation; 

17 (B) describes the matters identified and 

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

19 (i) the manufacturing base, critical 

20 supply chains, and emerging technologies in 

21 the United States, including the manufac22 turing base and critical supply chains for— 

23 (I) critical goods; 

24 (II) production equipment; and 


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1 (III) manufacturing technology; 

2 and 

3 (ii) the ability of the United States 

4 to— 

5 (I) maintain readiness with re6 spect to preparing for and responding 

7 to supply chain shocks; and 

8 (II) in response to a supply chain 

9 shock— 

10 (aa) surge production in 

11 critical industries; 

12 (bb) surge production of crit13 ical goods and production equip14 ment; and 

15 (cc) maintain access to crit16 ical goods, production equipment, 

17 and manufacturing technology; 

18 (C) assesses and describes— 

19 (i) the demand and supply of critical 

20 goods, production equipment, and manufac21 turing technology; 

22 (ii) the production of critical goods, 

23 production equipment, and manufacturing 

24 technology by domestic manufacturers; 


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

3 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 sup17 ply chain shock that may originate from a coun18 try, or a company or individual from a country, 

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

20 6(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 

25 countries that are an ally or key interVerDate Sep 11 2014 21:59 Apr 26, 2024 Jkt 049200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6203 E:\BILLS\H6571.RH H6571

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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 domes6 tic 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 countries; 

15 (H) assesses the flexible manufacturing ca16 pacity and capability available in the United 

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

18 (I) develops a strategy for the Department 

19 of Commerce to support the resilience, diversity, 

20 security, and strength of critical supply chains 

21 and emerging technologies to— 

22 (i) support sufficient access to critical 

23 goods by mitigating vulnerabilities in crit24 ical supply chains, including critical sup25 ply chains concentrated in countries that 


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1 are described in clause (i) or (ii) of section 

2 6(2)(B); 

3 (ii) consult with other relevant agen4 cies to assist countries that are an ally or 

5 key international partner nation in build6 ing capacity for manufacturing critical 

7 goods; 

8 (iii) recover from supply chain shocks; 

9 (iv) identify, in consultation with 

10 other relevant agencies, actions relating to 

11 critical supply chains or emerging tech12 nologies that the United States may take 

13 to— 

14 (I) raise living standards; 

15 (II) increase employment opportu16 nities; and 

17 (III) improve responses to supply 

18 chain shocks; 

19 (v) protect against supply chain shocks 

20 relating to critical supply chains from 

21 countries that are described in clause (i) or 

22 (ii) of section 6(2)(B); 

23 (vi) support methods and technologies, 

24 including blockchain technology, distributed 

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1 nologies, as appropriate, for the authentica2 tion and traceability of critical goods; and 

3 (vii) make specific recommendations to 

4 implement the strategy under this section 

5 and improve the security and resiliency of 

6 manufacturing capacity and supply chains 

7 for critical industries (including critical in8 dustries for emerging technologies), by— 

9 (I) developing long-term strate10 gies; 

11 (II) increasing visibility into the 

12 networks and capabilities of domestic 

13 manufacturers and suppliers of domes14 tic manufacturers; 

15 (III) identifying industry best 

16 practices; 

17 (IV) evaluating how diverse sup18 plier networks, multi-platform and 

19 multi-region production capabilities 

20 and sources, and integrated global and 

21 regional critical supply chains can en22 hance the resilience of— 

23 (aa) critical industries in the 

24 United States; 


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1 (bb) emerging technologies in 

2 the United States; 

3 (cc) jobs in the United 

4 States; 

5 (dd) manufacturing capabili6 ties of the United States; and 

7 (ee) the access of the United 

8 States to critical goods during a 

9 supply chain shock; 

10 (V) identifying and mitigating 

11 risks, including— 

12 (aa) significant 

13 vulnerabilities to supply chain 

14 shocks; and 

15 (bb) exposure to gaps and 

16 vulnerabilities in domestic capac17 ity or capabilities and sources of 

18 imports needed to sustain critical 

19 industries (including critical in20 dustries for emerging technologies) 

21 or critical supply chains; 

22 (VI) identifying enterprise re23 source planning systems that are— 

24 (aa) compatible across crit25 ical supply chain tiers; and 


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1 (bb) affordable for all sizes of 

2 business and for startups; 

3 (VII) understanding the total cost 

4 of ownership, total value contribution, 

5 and other best practices that encourage 

6 strategic partnerships throughout crit7 ical supply chains; 

8 (VIII) understanding Federal pro9 curement opportunities to increase re10 silient critical supply chains and fill 

11 gaps in domestic purchasing; 

12 (IX) identifying opportunities to 

13 consult with countries that are an ally 

14 or key international partner nation to 

15 build more resilient critical supply 

16 chains and mitigate risks; 

17 (X) identifying opportunities to 

18 reuse and recycle critical goods, includ19 ing raw materials, to increase resilient 

20 critical supply chains; 

21 (XI) consulting with countries 

22 that are an ally or key international 

23 partner nation on— 


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1 (aa) sourcing critical goods, 

2 production equipment, and manu3 facturing technology; and 

4 (bb) developing, sustaining, 

5 and expanding production and 

6 availability of critical goods, pro7 duction equipment, and manufac8 turing technology during a supply 

9 chain shock; 

10 (XII) identifying such other serv11 ices as the Assistant Secretary deter12 mines necessary; and 

13 (XIII) providing guidance to 

14 other relevant agencies with respect to 

15 critical goods, supply chains, and crit16 ical industries (including critical in17 dustries for emerging technologies) that 

18 should be prioritized to ensure United 

19 States leadership in the deployment of 

20 such technologies. 

21 (2) PROHIBITION.—The report submitted under 

22 paragraph (1) may not include— 

23 (A) critical supply chain information that 

24 is not aggregated; 


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1 (B) confidential business information of a 

2 private sector entity; or 

3 (C) classified information. 

4 (3) FORM.—The report submitted under para5 graph (1), and any update submitted thereafter, shall 

6 be submitted to the relevant committees of Congress in 

7 unclassified form and may include a classified annex. 

8 (4) PUBLIC COMMENT.—The Assistant Secretary 

9 shall provide for a period of public comment and re10 view in developing the report submitted under para11 graph (1). 

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

13 date of the enactment of this Act, the Assistant Secretary 

14 shall enter into an agreement with the head of any relevant 

15 agency to obtain any information, data, or assistance that 

16 the Assistant Secretary determines necessary to conduct the 

17 activities described in subsection (b). 

18 (h) RULE OF CONSTRUCTION.—Nothing in this section 

19 may be construed to require any private entity— 

20 (1) to share information with the Secretary or 

21 Assistant Secretary; 

22 (2) to request assistance from the Secretary or 

23 Assistant Secretary; or 


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1 (3) to implement any measure or recommenda2 tion suggested by the Secretary or Assistant Secretary 

3 in response to a request by the private entity. 

4 (i) PROTECTION OF VOLUNTARILY SHARED CRITICAL

5 SUPPLY CHAIN INFORMATION.— 

6 (1) PROTECTION.— 

7 (A) IN GENERAL.—Notwithstanding any 

8 other provision of law, critical supply chain in9 formation (including the identity of the submit10 ting person or entity) that is voluntarily sub11 mitted under this section to the Department of 

12 Commerce for use by the Department for pur13 poses of this section, when accompanied by an 

14 express statement specified in subparagraph 

15 (B)— 

16 (i) shall be exempt from disclosure 

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

18 States Code (commonly referred to as the 

19 ‘‘Freedom of Information Act’’); 

20 (ii) is not subject to any agency rules 

21 or judicial doctrine regarding ex parte com22 munications with a decision making offi23 cial; 

24 (iii) may not, without the written con25 sent of the person or entity submitting such 


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1 information, be used directly by the Depart2 ment of Commerce, any other Federal, 

3 State, or local authority, or any third 

4 party, in any civil action arising under 

5 Federal or State law if such information is 

6 submitted in good faith; 

7 (iv) may not, without the written con8 sent of the person or entity submitting such 

9 information, be used or disclosed by any of10 ficer or employee of the United States for 

11 purposes other than the purposes of this sec12 tion, except— 

13 (I) in furtherance of an investiga14 tion or the prosecution of a criminal 

15 act; or 

16 (II) when disclosure of the infor17 mation would be— 

18 (aa) to either House of Con19 gress, or to the extent of matter 

20 within its jurisdiction, any com21 mittee or subcommittee thereof, 

22 any joint committee thereof, or 

23 any subcommittee of any such 

24 joint committee; or 


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1 (bb) to the Comptroller Gen2 eral of the United States, or any 

3 authorized representative of the 

4 Comptroller General, in the course 

5 of the performance of the duties of 

6 the Government Accountability 

7 Office; 

8 (v) may not, if provided to a State or 

9 local government or government agency— 

10 (I) be made available pursuant to 

11 any State or local law requiring dis12 closure of information or records; 

13 (II) otherwise be disclosed or dis14 tributed to any party by such State or 

15 local government or government agency 

16 without the written consent of the per17 son or entity submitting such informa18 tion; or 

19 (III) be used other than for the 

20 purpose of carrying out this section, or 

21 in furtherance of an investigation or 

22 the prosecution of a criminal act; and 

23 (vi) does not constitute a waiver of any 

24 applicable privilege or protection provided 

25 under law, such as trade secret protection. 


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1 (B) EXPRESS STATEMENT.—The express 

2 statement described in this subparagraph, with 

3 respect to information or records, is— 

4 (i) in the case of written information 

5 or records, a written marking on the infor6 mation or records substantially similar to 

7 the following: ‘‘This information is volun8 tarily submitted to the Federal Government 

9 in expectation of protection from disclosure 

10 as provided by the provisions of the Pro11 moting Resilient Supply Chains Act of 

12 2023.’’; or 

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

14 written statement similar to the statement 

15 described in clause (i) submitted within a 

16 reasonable period following the oral commu17 nication. 

18 (2) LIMITATION.—No communication of critical 

19 supply chain information to the Department of Com20 merce made pursuant to this section may be consid21 ered to be an action subject to the requirements of 

22 chapter 10 of title 5, United States Code. 

23 (3) INDEPENDENTLY OBTAINED INFORMATION.— 

24 Nothing in this subsection may be construed to limit 

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1 eral Government entity, agency, or authority, or any 

2 third party, under applicable law, to obtain critical 

3 supply chain information in a manner not covered by 

4 paragraph (1), including any information lawfully 

5 and properly disclosed generally or broadly to the 

6 public and to use such information in any manner 

7 permitted by law. For purposes of this subsection a 

8 permissible use of independently obtained information 

9 includes the disclosure of such information under sec10 tion 2302(b)(8) of title 5, United States Code. 

11 (4) TREATMENT OF VOLUNTARY SUBMITTAL OF

12 INFORMATION.—The voluntary submittal to the De13 partment of Commerce of information or records that 

14 are protected from disclosure by this section may not 

15 be construed to constitute compliance with any re16 quirement to submit such information to an agency 

17 under any other provision of law. 

18 (5) INAPPLICABILITY TO SEMICONDUCTOR INCEN19 TIVE PROGRAM.—This subsection does not apply to 

20 the voluntary submission of critical supply chain in21 formation in an application for Federal financial as22 sistance under section 9902 of the William M. (Mac) 

23 Thornberry National Defense Authorization Act for 

24 Fiscal Year 2021 (Public Law 116–283). 


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

2 than the date that is 7 years after the date of the enactment 

3 of this Act. 

4 SEC. 4. CRITICAL SUPPLY CHAIN INNOVATION AND BEST 

5 PRACTICES. 

6 (a) IN GENERAL.—The Assistant Secretary shall, on 

7 an ongoing basis, facilitate and support the development 

8 and dissemination of guidelines, best practices, manage9 ment strategies, methodologies, procedures, and processes for 

10 domestic manufacturers, domestic enterprises, and other en11 tities manufacturing, procuring, or using a critical good 

12 to— 

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

14 and strength of the critical supply chains of such 

15 manufacturers, enterprises, and entities; 

16 (2) quantify the value of improved resilience, di17 versity, security, and strength of critical supply 

18 chains to such manufacturers, enterprises, and enti19 ties; 

20 (3) design and implement measures to reduce the 

21 risks of disruption, strain, compromise, or elimi22 nation of critical supply chains of such manufactur23 ers, enterprises, and entities; and 

24 (4) support the authentication and traceability 

25 of critical goods using blockchain technology, distribVerDate Sep 11 2014 21:59 Apr 26, 2024 Jkt 049200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6203 E:\BILLS\H6571.RH H6571

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1 uted ledger technologies, and other emerging tech2 nologies as appropriate. 

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

4 the Assistant Secretary shall do the following: 

5 (1) Consult closely and regularly with relevant 

6 private sector personnel and entities, manufacturing 

7 extension centers established as part of the Hollings 

8 Manufacturing Extension Partnership, Manufac9 turing USA institutes as described in section 34(d) of 

10 the National Institute of Standards and Technology 

11 Act (15 U.S.C. 278s(d)), and other relevant stake12 holders and incorporate industry expertise. 

13 (2) Consult with the heads of relevant agencies 

14 (including agencies with jurisdiction over critical 

15 supply chains), States, local governments, Tribal Gov16 ernments, countries that are an ally or key inter17 national partner nation, and international organiza18 tions, as necessary. 

19 (3) Collaborate with private sector stakeholders 

20 to identify prioritized, flexible, repeatable, perform21 ance-based, and cost-effective critical supply chain re22 silience approaches that may be voluntarily adopted 

23 by domestic manufacturers, domestic enterprises, and 

24 other entities manufacturing, procuring, or using a 

25 critical good to achieve the goals 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, secu4 rity, and strength of critical supply chains; and 

5 (B) methodologies to identify and mitigate 

6 the effects of a disruption, strain, compromise, or 

7 elimination of a critical supply chain. 

8 (5) Facilitate the identification or application of 

9 methods and technologies, including blockchain tech10 nology, distributed ledger technologies, and other 

11 emerging technologies as appropriate, for the authen12 tication and traceability of critical goods. 

13 (6) Disseminate research and information to as14 sist domestic manufacturers redesign products, ex15 pand domestic manufacturing capacity, and improve 

16 other capabilities as required to improve the resil17 ience, diversity, security, and strength of critical sup18 ply chains. 

19 (7) Incorporate relevant industry best practices. 

20 (8) Consider the private sector, including small 

21 businesses. 

22 (9) Leverage mechanisms that exist as of the date 

23 of the enactment of this Act for the Federal Govern24 ment to provide critical supply chain solutions (in25 cluding manufacturing technology, products, tools, 


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1 and workforce development solutions related to crit2 ical supply chain resilience) to manufacturers, in3 cluding small and medium-sized manufacturers. 

4 (c) RULE OF CONSTRUCTION.—Nothing in this section 

5 may be construed to— 

6 (1) require any private entity to share informa7 tion with the Secretary or Assistant Secretary; 

8 (2) require any private entity to request assist9 ance from the Secretary or Assistant Secretary; 

10 (3) require any private entity to implement any 

11 measure or recommendation suggested by the Sec12 retary or Assistant Secretary in response to a request 

13 by the private entity; or 

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

15 practice, management strategy, methodology, proce16 dure, or process described in subsection (a). 

17 SEC. 5. DEPARTMENT OF COMMERCE CAPABILITY ASSESS18 MENT. 

19 (a) REPORT REQUIRED.—The Secretary shall produce 

20 a report— 

21 (1) identifying the duties, responsibilities, re22 sources, programs, and expertise within the offices 

23 and bureaus of the Department of Commerce relevant 

24 to critical supply chain resilience and manufacturing 

25 innovation; 


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1 (2) identifying and assessing the purpose, legal 

2 authority, effectiveness, efficiency, and limitations of 

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

4 and 

5 (3) providing recommendations to enhance the 

6 activities related to critical supply chain resilience 

7 and manufacturing innovation of the Department of 

8 Commerce, including— 

9 (A) improving the effectiveness, efficiency, 

10 and impact of the offices and bureaus identified 

11 under paragraph (1); 

12 (B) coordination across offices and bureaus 

13 identified under paragraph (1); and 

14 (C) consultation with agencies imple15 menting similar activities related to critical sup16 ply chain resilience and manufacturing innova17 tion. 

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

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

20 shall submit to the relevant committees of Congress the re21 port required by subsection (a), along with a strategy to 

22 implement, as appropriate and as determined by the Sec23 retary, the recommendations contained in the report. 

24 SEC. 6. DEFINITIONS. 

25 In this Act: 


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1 (1) AGENCY.—The term ‘‘agency’’ has the mean2 ing given that term in section 551 of title 5, United 

3 States Code. 

4 (2) ALLY OR KEY INTERNATIONAL PARTNER NA5 TION.—The term ‘‘ally or key international partner 

6 nation’’— 

7 (A) means a country that is critical to ad8 dressing critical supply chain weaknesses and 

9 vulnerabilities; and 

10 (B) does not include— 

11 (i) a country that poses a significant 

12 risk to the national security or economic se13 curity of the United States; or 

14 (ii) a country that is described in sec15 tion 503(b) of the RANSOMWARE Act 

16 (title V of division BB of the Consolidated 

17 Appropriations Act, 2023; Public Law 117– 

18 328; 136 Stat. 5564). 

19 (3) ASSISTANT SECRETARY.—The term ‘‘Assist20 ant Secretary’’ means the Assistant Secretary of Com21 merce assigned by the Secretary to direct the office of 

22 Industry and Analysis. 

23 (4) COVERED NONGOVERNMENTAL REPRESENTA24 TIVE.—The term ‘‘covered nongovernmental represent25 ative’’ means a representative as specified in the secVerDate Sep 11 2014 21:59 Apr 26, 2024 Jkt 049200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6203 E:\BILLS\H6571.RH H6571

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1 ond sentence of section 135(b)(1) of the Trade Act of 

2 1974 (19 U.S.C. 2155(b)(1)), except that such term 

3 does not include a representative of a non-Federal 

4 government. 

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

6 means any raw, in process, or manufactured material 

7 (including any mineral, metal, or advanced processed 

8 material), article, commodity, supply, product, or 

9 item for which an absence of supply would have a sig10 nificant effect on— 

11 (A) the national security or economic secu12 rity of the United States; and 

13 (B) either— 

14 (i) critical infrastructure; or 

15 (ii) an emerging technology. 

16 (6) CRITICAL INDUSTRY.—The term ‘‘critical in17 dustry’’ means an industry that— 

18 (A) is critical for the national security or 

19 economic security of the United States; and 

20 (B) produces or procures a critical good. 

21 (7) CRITICAL INFRASTRUCTURE.—The term 

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

23 term in section 1016 of the Critical Infrastructures 

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


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1 (8) CRITICAL SUPPLY CHAIN.—The term ‘‘crit2 ical supply chain’’ means a supply chain for a crit3 ical good. 

4 (9) CRITICAL SUPPLY CHAIN INFORMATION.—The 

5 term ‘‘critical supply chain information’’ means in6 formation that is not customarily in the public do7 main and relates to— 

8 (A) sustaining and adapting a critical sup9 ply chain during a supply chain shock; 

10 (B) critical supply chain risk mitigation 

11 and recovery planning with respect to a supply 

12 chain shock, including any planned or past as13 sessment, projection, or estimate of a vulner14 ability within the critical supply chain, includ15 ing testing, supplier network assessments, pro16 duction flexibility, risk evaluations, risk man17 agement planning, or risk audits; or 

18 (C) operational best practices, planning, 

19 and supplier partnerships that enable enhanced 

20 resilience of a critical supply chain during a 

21 supply chain shock, including response, repair, 

22 recovery, reconstruction, insurance, or con23 tinuity. 

24 (10) DOMESTIC ENTERPRISE.—The term ‘‘domes25 tic enterprise’’ means an enterprise that conducts 


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1 business in the United States and procures a critical 

2 good. 

3 (11) DOMESTIC MANUFACTURER.—The term ‘‘do4 mestic manufacturer’’ means a business that conducts 

5 in the United States the research and development, 

6 engineering, or production activities necessary for 

7 manufacturing a critical good. 

8 (12) EMERGING TECHNOLOGY.—The term 

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

10 critical for the national security or economic security 

11 of the United States, including the following: 

12 (A) Technologies included in the American 

13 COMPETE Act (title XV of division FF of the 

14 Consolidated Appropriations Act, 2021; Public 

15 Law 116–260; 134 Stat. 3276). 

16 (B) The following technologies: 

17 (i) Artificial intelligence. 

18 (ii) Automated vehicles and unmanned 

19 delivery systems. 

20 (iii) Blockchain and other distributed 

21 ledger, data storage, data management, and 

22 cybersecurity technologies. 

23 (iv) Quantum computing and quan24 tum sensing. 

25 (v) Additive manufacturing. 


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1 (vi) Advanced manufacturing and the 

2 Internet of Things. 

3 (vii) Nano technology. 

4 (viii) Robotics. 

5 (ix) Microelectronics, optical fiber ray, 

6 and high performance and advanced com7 puter hardware and software. 

8 (x) Semiconductors. 

9 (xi) Advanced materials science, in10 cluding composition 2D, other next genera11 tion materials, and related manufacturing 

12 technologies. 

13 (13) INSTITUTION OF HIGHER EDUCATION.—The 

14 term ‘‘institution of higher education’’ has the mean15 ing given that term in section 101 of the Higher Edu16 cation Act of 1965 (20 U.S.C. 1001). 

17 (14) MANUFACTURE.—The term ‘‘manufacture’’ 

18 means any activity that is necessary for the develop19 ment, production, processing, distribution, or delivery 

20 of any raw, in process, or manufactured material (in21 cluding any mineral, metal, and advanced processed 

22 material), article, commodity, supply, product, crit23 ical good, or item of supply. 


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1 (15) MANUFACTURING TECHNOLOGY.—The term 

2 ‘‘manufacturing technology’’ means a technology that 

3 is necessary for the manufacturing of a critical good. 

4 (16) PRODUCTION EQUIPMENT.—The term ‘‘pro5 duction equipment’’ means any component, sub6 system, system, equipment, tooling, accessory, part, or 

7 assembly necessary for the manufacturing of a critical 

8 good. 

9 (17) PROGRAM.—The term ‘‘program’’ means the 

10 critical supply chain resiliency and crisis response 

11 program established under section 3(a). 

12 (18) RELEVANT COMMITTEES OF CONGRESS.— 

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

14 the following: 

15 (A) The Committee on Commerce, Science, 

16 and Transportation of the Senate. 

17 (B) The Committee on Energy and Com18 merce of the House of Representatives. 

19 (19) RESILIENT CRITICAL SUPPLY CHAIN.—The 

20 term ‘‘resilient critical supply chain’’ means a crit21 ical supply chain that— 

22 (A) ensures that the United States can sus23 tain critical industry, including emerging tech24 nologies, production, critical supply chains, serv25 ices, and access to critical goods, production 


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1 equipment, and manufacturing technology dur2 ing a supply chain shock; and 

3 (B) has key components of resilience that 

4 include— 

5 (i) effective private sector risk manage6 ment and mitigation planning to sustain 

7 critical supply chains and supplier net8 works during a supply chain shock; and 

9 (ii) minimized or managed exposure to 

10 a supply chain shock. 

11 (20) SECRETARY.—The term ‘‘Secretary’’ means 

12 the Secretary of Commerce. 

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

14 the several States, the District of Columbia, each com15 monwealth, territory, or possession of the United 

16 States, and each federally recognized Indian Tribe. 

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

18 chain shock’’ includes the following: 

19 (A) A natural disaster. 

20 (B) A pandemic. 

21 (C) A biological threat. 

22 (D) A cyber attack. 

23 (E) A great power conflict. 

24 (F) A terrorist or geopolitical attack. 


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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 T. 

4 Stafford Disaster Relief and Emergency Assist5 ance Act (42 U.S.C. 5170; 42 U.S.C. 5191). 

6 (I) Any other disruption or threat to a crit7 ical supply chain that affects the national secu8 rity or economic security of the United States. 


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Union Calendar No. 392 

118TH CONGRESS 

2D SESSION H. R. 6571 

[Report No. 118–473] 

A BILL 

To establish a critical supply chain resiliency and 

purposes. deploying emerging technologies, and for other Commerce, and to secure American leadership in crisis response program in the Department of 

APRIL 26, 2024 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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