IIB 

118TH CONGRESS 

2D SESSION H. R. 6571 

IN THE SENATE OF THE UNITED STATES 

MAY 16, 2024 

Received; read twice and referred to the Committee on Commerce, Science, 

and Transportation 

AN ACT 

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, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Promoting Resilient Supply Chains Act of 2023’’. 

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

5 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. 

6 SEC. 2. ADDITIONAL RESPONSIBILITIES OF ASSISTANT SEC7 RETARY OF COMMERCE FOR INDUSTRY AND 

8 ANALYSIS. 

9 (a) ADDITIONAL RESPONSIBILITIES.—In addition to 

10 the responsibilities of the Assistant Secretary on the day 

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

12 Secretary shall have the following responsibilities: 

13 (1) Promote the leadership of the United States 

14 with respect to critical industries, critical supply 

15 chains, and emerging technologies that— 

16 (A) strengthen the national security of the 

17 United States; and 

18 (B) have a significant effect on the eco19 nomic security of the United States. 

20 (2) Encourage consultation with other agencies, 

21 covered nongovernmental representatives, industry, 


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1 institutions of higher education, and State and local 

2 governments in order to— 

3 (A) promote resilient critical supply chains; 

4 and 

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

6 supply chain shocks to— 

7 (i) critical industries; 

8 (ii) critical supply chains; and 

9 (iii) emerging technologies. 

10 (3) Encourage the growth and competitiveness 

11 of United States productive capacities and manufac12 turing in the United States of emerging tech13 nologies. 

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

15 and strength of critical supply chains and critical in16 dustries (including critical industries for emerging 

17 technologies). 

18 (5) Support the availability of critical goods 

19 from domestic manufacturers, domestic enterprises, 

20 and manufacturing operations in countries that are 

21 an ally or key international partner nation. 

22 (6) Assist the Federal Government in preparing 

23 for and responding to supply chain shocks to critical 

24 supply chains, including by improving flexible manuVerDate Sep 11 2014 00:37 May 17, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6571.RFS 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 competi17 tive wages in the United States manufacturing sec18 tor. 

19 (10) Encourage manufacturing growth and op20 portunities in rural and underserved communities. 

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

22 United States and the competitiveness of manufac23 turing in the United States. 

24 (b) CAPABILITIES AND TECHNICAL SUPPORT.—In 

25 carrying out subsection (a), the Assistant Secretary— 


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1 (1) shall establish capabilities to— 

2 (A) assess the state of technology, innova3 tion, and production capacity in the United 

4 States and other countries; and 

5 (B) conduct other activities that the As6 sistant Secretary considers to be critical for the 

7 use of analytic capabilities, statistics, datasets, 

8 and metrics related to critical technologies and 

9 innovation; and 

10 (2) may utilize external organizations to provide 

11 independent and objective technical support. 

12 SEC. 3. CRITICAL SUPPLY CHAIN RESILIENCY AND CRISIS 

13 RESPONSE PROGRAM. 

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

15 the date of the enactment of this Act, the Assistant Sec16 retary shall establish in the Department of Commerce a 

17 critical supply chain resiliency and crisis response program 

18 to conduct the activities described in subsection (b). 

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

20 Assistant Secretary shall conduct activities— 

21 (1) in coordination with the unified coordina22 tion group established under subsection (c), to— 

23 (A) map, monitor, and model critical sup24 ply chains, including critical supply chains for 

25 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 need9 ed for critical supply chains, including crit10 ical goods, production equipment, and 

11 manufacturing technology obtained by or 

12 purchased from a person outside of the 

13 United States or imported into the United 

14 States; and 

15 (iii) monitoring manufacturing, 

16 warehousing, transportation, and distribu17 tion related to critical supply chains; 

18 (B) identify high priority gaps and 

19 vulnerabilities, which may include single points 

20 of failure, in critical supply chains and critical 

21 industries (including critical industries for 

22 emerging technologies) that— 

23 (i) exist as of the date of the enact24 ment of this Act; or 


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1 (ii) are anticipated to occur after the 

2 date of the enactment of this Act; 

3 (C) identify potential supply chain shocks 

4 to a critical supply chain that may disrupt, 

5 strain, compromise, or eliminate the critical 

6 supply chain (including supply chains involving 

7 emerging technologies); 

8 (D) evaluate the capability and capacity of 

9 domestic manufacturers or manufacturers lo10 cated in countries that are an ally or key inter11 national partner nation to serve as sources for 

12 critical goods, production equipment, or manu13 facturing technology needed in critical supply 

14 chains (including supply chains involving 

15 emerging technologies); 

16 (E) evaluate the effect on the national se17 curity and economic competitiveness of the 

18 United States, including on consumer prices, 

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

20 disruption, strain, compromise, or elimination 

21 of a critical supply chain; 

22 (F) evaluate the state of the manufac23 turing workforce, including by— 

24 (i) identifying the needs of domestic 

25 manufacturers; and 


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1 (ii) identifying opportunities to create 

2 high-quality manufacturing jobs; and 

3 (G) identify investments in critical goods, 

4 production equipment, and manufacturing tech5 nology from non-Federal sources; 

6 (2) in coordination with State and local govern7 ments and the unified coordination group established 

8 under subsection (c), and, as appropriate, in con9 sultation with countries that are an ally or key inter10 national partner nation, to— 

11 (A) identify opportunities to reduce gaps 

12 and vulnerabilities in critical supply chains and 

13 critical industries (including critical industries 

14 for emerging technologies); 

15 (B) encourage consultation between the 

16 Federal Government, industry, covered non17 governmental representatives, institutions of 

18 higher education, and State and local govern19 ments to— 

20 (i) better respond to supply chain 

21 shocks to critical supply chains and critical 

22 industries (including critical industries for 

23 emerging technologies); and 

24 (ii) coordinate response efforts to sup25 ply chain shocks; 


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1 (C) encourage consultation between the 

2 Federal Government and the governments of 

3 countries that are an ally or key international 

4 partner nation; 

5 (D) develop or identify opportunities to 

6 build the capacity of the United States in crit7 ical supply chains, critical industries, and 

8 emerging technologies; 

9 (E) develop or identify opportunities to 

10 build the capacity of countries that are an ally 

11 or key international partner nation in critical 

12 industries (including critical industries for 

13 emerging technologies) and critical supply 

14 chains; 

15 (F) develop contingency plans and coordi16 nation mechanisms to improve the response of 

17 critical supply chains and critical industry (in18 cluding critical industries for emerging tech19 nologies) to supply chain shocks; and 

20 (G) support methods and technologies, in21 cluding blockchain technology, distributed ledg22 er technology, and other emerging technologies, 

23 as appropriate, for the authentication and 

24 traceability of critical goods; 


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1 (3) acting within the authority of the Secretary 

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

3 Act, and in consultation with the Secretary of State 

4 and the United States Trade Representative, to con5 sult with governments of countries that are an ally 

6 or key international partner nation to promote resil7 ient critical supply chains that ensure the supply of 

8 critical goods, production equipment, and manufac9 turing technology to the United States and compa10 nies located in countries that are an ally or key 

11 international partner nation; 

12 (4) in consultation with other offices and divi13 sions of the Department of Commerce and other 

14 agencies, to leverage existing authorities (as of the 

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

16 resilience of supply chains of critical industries (in17 cluding critical industries for emerging technologies); 

18 and 

19 (5) to determine which emerging technologies 

20 may assist in conducting the activities described in 

21 this subsection and promote such emerging tech22 nologies. 

23 (c) UNIFIED COORDINATION GROUP.—In conducting 

24 the activities described in subsection (b), the Assistant 

25 Secretary shall— 


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1 (1) establish a unified coordination group led by 

2 the Assistant Secretary, which shall include, as ap3 propriate, private sector partners and covered non4 governmental representatives, to serve as a body for 

5 consultation by agencies described in subsection (g) 

6 to plan for and respond to supply chain shocks and 

7 support the resilience, diversity, security, and 

8 strength of critical supply chains; 

9 (2) establish subgroups of the unified coordina10 tion group established under paragraph (1) that 

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

12 and 

13 (3) through the unified coordination group es14 tablished under paragraph (1)— 

15 (A) acquire on a voluntary basis technical, 

16 engineering, and operational critical supply 

17 chain information from the private sector, in a 

18 manner that ensures any critical supply chain 

19 information provided by the private sector is 

20 kept confidential and is exempt from disclosure 

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

22 States Code (commonly known as the ‘‘Freedom 

23 of Information Act’’); 

24 (B) study the critical supply chain infor25 mation acquired under subparagraph (A) to asVerDate Sep 11 2014 00:37 May 17, 2024 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H6571.RFS H6571

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1 sess critical supply chains, including critical 

2 supply chains for emerging technologies, and in3 form planning for potential supply chain 

4 shocks; 

5 (C) convene with relevant private sector 

6 entities to share best practices, planning, and 

7 capabilities to respond to potential supply chain 

8 shocks; and 

9 (D) factor in any relevant findings from 

10 the studies required by the American COM11 PETE Act (title XV of division FF of the Con12 solidated Appropriations Act, 2021; Public Law 

13 116–260; 134 Stat. 3276). 

14 (d) INTERNATIONAL COOPERATION.—The Secretary, 

15 in consultation with other relevant agencies, may consult 

16 with governments of countries that are an ally or key 

17 international partner nation relating to enhancing the se18 curity and resilience of critical supply chains in response 

19 to supply chain shocks. 

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

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

22 the enactment of this Act, designate— 

23 (A) critical industries; 

24 (B) critical supply chains; and 

25 (C) critical goods; 


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

2 review in carrying out paragraph (1); and 

3 (3) update the designations made under para4 graph (1) not less frequently than once every 4 

5 years, including designations for technologies not de6 scribed in section 6(12)(B) that the Assistant Sec7 retary considers necessary. 

8 (f) NATIONAL STRATEGY AND REVIEW ON CRITICAL

9 SUPPLY CHAIN RESILIENCY AND MANUFACTURING IN

10 THE UNITED STATES.— 

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

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

13 frequently than once every 2 years thereafter, the 

14 Assistant Secretary, in consultation with the head of 

15 each relevant agency, covered nongovernmental rep16 resentative, industry, institution of higher education, 

17 and State and local government, shall submit to the 

18 relevant committees of Congress and post on the 

19 website of the Assistant Secretary a report that— 

20 (A) identifies— 

21 (i) critical infrastructure that may as22 sist in fulfilling the responsibilities de23 scribed in section 2; 

24 (ii) emerging technologies that may 

25 assist in fulfilling the responsibilities deVerDate Sep 11 2014 00:37 May 17, 2024 Jkt 049200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H6571.RFS H6571

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1 scribed in section 2 and carrying out the 

2 program, including such technologies that 

3 may be critical to addressing preparedness, 

4 weaknesses, and vulnerabilities relating to 

5 critical supply chains; 

6 (iii) critical industries, critical supply 

7 chains, and critical goods designated under 

8 subsection (e); 

9 (iv) other supplies and services that 

10 are critical to the crisis preparedness of 

11 the United States; 

12 (v) substitutes for critical goods, pro13 duction equipment, and manufacturing 

14 technology; 

15 (vi) methods and technologies, includ16 ing blockchain technology, distributed ledg17 er technology, and other emerging tech18 nologies, as appropriate, for the authen19 tication and traceability of critical goods; 

20 and 

21 (vii) countries that are an ally or key 

22 international partner nation; 

23 (B) describes the matters identified and 

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


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1 (i) the manufacturing base, critical 

2 supply chains, and emerging technologies 

3 in the United States, including the manu4 facturing base and critical supply chains 

5 for— 

6 (I) critical goods; 

7 (II) production equipment; and 

8 (III) manufacturing technology; 

9 and 

10 (ii) the ability of the United States 

11 to— 

12 (I) maintain readiness with re13 spect to preparing for and responding 

14 to supply chain shocks; and 

15 (II) in response to a supply chain 

16 shock— 

17 (aa) surge production in 

18 critical industries; 

19 (bb) surge production of 

20 critical goods and production 

21 equipment; and 

22 (cc) maintain access to crit23 ical goods, production equipment, 

24 and manufacturing technology; 

25 (C) assesses and describes— 


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1 (i) the demand and supply of critical 

2 goods, production equipment, and manu3 facturing technology; 

4 (ii) the production of critical goods, 

5 production equipment, and manufacturing 

6 technology by domestic manufacturers; 

7 (iii) the capability and capacity of do8 mestic manufacturers and manufacturers 

9 in countries that are an ally or key inter10 national partner nation to manufacture 

11 critical goods, production equipment, and 

12 manufacturing technology; and 

13 (iv) how supply chain shocks could af14 fect rural, Tribal, and underserved commu15 nities; 

16 (D) identifies threats and supply chain 

17 shocks that may disrupt, strain, compromise, or 

18 eliminate critical supply chains, critical goods, 

19 and critical industries (including critical indus20 tries for emerging technologies); 

21 (E) with regard to any threat identified 

22 under subparagraph (D), lists any threat or 

23 supply chain shock that may originate from a 

24 country, or a company or individual from a 


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

2 section 6(2)(B); 

3 (F) assesses— 

4 (i) the resilience and capacity of the 

5 manufacturing base, critical supply chains, 

6 and workforce of the United States and 

7 countries that are an ally or key inter8 national partner nation that can sustain 

9 critical industries (including critical indus10 tries for emerging technologies) through a 

11 supply chain shock; 

12 (ii) the effect innovation has on do13 mestic manufacturers; and 

14 (iii) any single points of failure in the 

15 critical supply chains described in clause 

16 (i); 

17 (G) with respect to countries that are an 

18 ally or key international partner nation, reviews 

19 the sourcing of critical goods, production equip20 ment, and manufacturing technology associated 

21 with critical industries located in such coun22 tries; 

23 (H) assesses the flexible manufacturing ca24 pacity and capability available in the United 

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


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1 (I) develops a strategy for the Department 

2 of Commerce to support the resilience, diver3 sity, security, and strength of critical supply 

4 chains and emerging technologies to— 

5 (i) support sufficient access to critical 

6 goods by mitigating vulnerabilities in crit7 ical supply chains, including critical supply 

8 chains concentrated in countries that are 

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

10 6(2)(B); 

11 (ii) consult with other relevant agen12 cies to assist countries that are an ally or 

13 key international partner nation in build14 ing capacity for manufacturing critical 

15 goods; 

16 (iii) recover from supply chain shocks; 

17 (iv) identify, in consultation with 

18 other relevant agencies, actions relating to 

19 critical supply chains or emerging tech20 nologies that the United States may take 

21 to— 

22 (I) raise living standards; 

23 (II) increase employment oppor24 tunities; and 


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1 (III) improve responses to supply 

2 chain shocks; 

3 (v) protect against supply chain 

4 shocks relating to critical supply chains 

5 from countries that are described in clause 

6 (i) or (ii) of section 6(2)(B); 

7 (vi) support methods and technologies, 

8 including blockchain technology, distrib9 uted ledger technologies, and other emerg10 ing technologies, as appropriate, for the 

11 authentication and traceability of critical 

12 goods; and 

13 (vii) make specific recommendations 

14 to implement the strategy under this sec15 tion and improve the security and resil16 iency of manufacturing capacity and sup17 ply chains for critical industries (including 

18 critical industries for emerging tech19 nologies), by— 

20 (I) developing long-term strate21 gies; 

22 (II) increasing visibility into the 

23 networks and capabilities of domestic 

24 manufacturers and suppliers of do25 mestic manufacturers; 


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1 (III) identifying industry best 

2 practices; 

3 (IV) evaluating how diverse sup4 plier networks, multi-platform and 

5 multi-region production capabilities 

6 and sources, and integrated global 

7 and regional critical supply chains can 

8 enhance the resilience of— 

9 (aa) critical industries in the 

10 United States; 

11 (bb) emerging technologies 

12 in the United States; 

13 (cc) jobs in the United 

14 States; 

15 (dd) manufacturing capabili16 ties of the United States; and 

17 (ee) the access of the United 

18 States to critical goods during a 

19 supply chain shock; 

20 (V) identifying and mitigating 

21 risks, including— 

22 (aa) significant 

23 vulnerabilities to supply chain 

24 shocks; and 


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1 (bb) exposure to gaps and 

2 vulnerabilities in domestic capac3 ity or capabilities and sources of 

4 imports needed to sustain critical 

5 industries (including critical in6 dustries for emerging tech7 nologies) or critical supply 

8 chains; 

9 (VI) identifying enterprise re10 source planning systems that are— 

11 (aa) compatible across crit12 ical supply chain tiers; and 

13 (bb) affordable for all sizes 

14 of business and for startups; 

15 (VII) understanding the total 

16 cost of ownership, total value con17 tribution, and other best practices 

18 that encourage strategic partnerships 

19 throughout critical supply chains; 

20 (VIII) understanding Federal 

21 procurement opportunities to increase 

22 resilient critical supply chains and fill 

23 gaps in domestic purchasing; 

24 (IX) identifying opportunities to 

25 consult with countries that are an ally 


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1 or key international partner nation to 

2 build more resilient critical supply 

3 chains and mitigate risks; 

4 (X) identifying opportunities to 

5 reuse and recycle critical goods, in6 cluding raw materials, to increase re7 silient critical supply chains; 

8 (XI) consulting with countries 

9 that are an ally or key international 

10 partner nation on— 

11 (aa) sourcing critical goods, 

12 production equipment, and man13 ufacturing technology; and 

14 (bb) developing, sustaining, 

15 and expanding production and 

16 availability of critical goods, pro17 duction equipment, and manufac18 turing technology during a supply 

19 chain shock; 

20 (XII) identifying such other serv21 ices as the Assistant Secretary deter22 mines necessary; and 

23 (XIII) providing guidance to 

24 other relevant agencies with respect to 

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1 ical industries (including critical in2 dustries for emerging technologies) 

3 that should be prioritized to ensure 

4 United States leadership in the de5 ployment of such technologies. 

6 (2) PROHIBITION.—The report submitted under 

7 paragraph (1) may not include— 

8 (A) critical supply chain information that 

9 is not aggregated; 

10 (B) confidential business information of a 

11 private sector entity; or 

12 (C) classified information. 

13 (3) FORM.—The report submitted under para14 graph (1), and any update submitted thereafter, 

15 shall be submitted to the relevant committees of 

16 Congress in unclassified form and may include a 

17 classified annex. 

18 (4) PUBLIC COMMENT.—The Assistant Sec19 retary shall provide for a period of public comment 

20 and review in developing the report submitted under 

21 paragraph (1). 

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

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

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1 ance that the Assistant Secretary determines necessary to 

2 conduct the activities described in subsection (b). 

3 (h) RULE OF CONSTRUCTION.—Nothing in this sec4 tion may be construed to require any private entity— 

5 (1) to share information with the Secretary or 

6 Assistant Secretary; 

7 (2) to request assistance from the Secretary or 

8 Assistant Secretary; or 

9 (3) to implement any measure or recommenda10 tion suggested by the Secretary or Assistant Sec11 retary in response to a request by the private entity. 

12 (i) PROTECTION OF VOLUNTARILY SHARED CRIT13 ICAL SUPPLY CHAIN INFORMATION.— 

14 (1) PROTECTION.— 

15 (A) IN GENERAL.—Notwithstanding any 

16 other provision of law, critical supply chain in17 formation (including the identity of the submit18 ting person or entity) that is voluntarily sub19 mitted under this section to the Department of 

20 Commerce for use by the Department for pur21 poses of this section, when accompanied by an 

22 express statement specified in subparagraph 

23 (B)— 

24 (i) shall be exempt from disclosure 

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


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1 States Code (commonly referred to as the 

2 ‘‘Freedom of Information Act’’); 

3 (ii) is not subject to any agency rules 

4 or judicial doctrine regarding ex parte 

5 communications with a decision making of6 ficial; 

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

9 such information, be used directly by the 

10 Department of Commerce, any other Fed11 eral, State, or local authority, or any third 

12 party, in any civil action arising under 

13 Federal or State law if such information is 

14 submitted in good faith; 

15 (iv) may not, without the written con16 sent of the person or entity submitting 

17 such information, be used or disclosed by 

18 any officer or employee of the United 

19 States for purposes other than the pur20 poses of this section, except— 

21 (I) in furtherance of an investiga22 tion or the prosecution of a criminal 

23 act; or 

24 (II) when disclosure of the infor25 mation would be— 


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1 (aa) to either House of Con2 gress, or to the extent of matter 

3 within its jurisdiction, any com4 mittee or subcommittee thereof, 

5 any joint committee thereof, or 

6 any subcommittee of any such 

7 joint committee; or 

8 (bb) to the Comptroller Gen9 eral of the United States, or any 

10 authorized representative of the 

11 Comptroller General, in the 

12 course of the performance of the 

13 duties of the Government Ac14 countability Office; 

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

16 local government or government agency— 

17 (I) be made available pursuant to 

18 any State or local law requiring dis19 closure of information or records; 

20 (II) otherwise be disclosed or dis21 tributed to any party by such State or 

22 local government or government agen23 cy without the written consent of the 

24 person or entity submitting such in25 formation; or 


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1 (III) be used other than for the 

2 purpose of carrying out this section, 

3 or in furtherance of an investigation 

4 or the prosecution of a criminal act; 

5 and 

6 (vi) does not constitute a waiver of 

7 any applicable privilege or protection pro8 vided under law, such as trade secret pro9 tection. 

10 (B) EXPRESS STATEMENT.—The express 

11 statement described in this subparagraph, with 

12 respect to information or records, is— 

13 (i) in the case of written information 

14 or records, a written marking on the infor15 mation or records substantially similar to 

16 the following: ‘‘This information is volun17 tarily submitted to the Federal Govern18 ment in expectation of protection from dis19 closure as provided by the provisions of the 

20 Promoting Resilient Supply Chains Act of 

21 2023.’’; or 

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

23 written statement similar to the statement 

24 described in clause (i) submitted within a 


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1 reasonable period following the oral com2 munication. 

3 (2) LIMITATION.—No communication of critical 

4 supply chain information to the Department of Com5 merce made pursuant to this section may be consid6 ered to be an action subject to the requirements of 

7 chapter 10 of title 5, United States Code. 

8 (3) INDEPENDENTLY OBTAINED INFORMA9 TION.—Nothing in this subsection may be construed 

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

11 local, or Federal Government entity, agency, or au12 thority, or any third party, under applicable law, to 

13 obtain critical supply chain information in a manner 

14 not covered by paragraph (1), including any infor15 mation lawfully and properly disclosed generally or 

16 broadly to the public and to use such information in 

17 any manner permitted by law. For purposes of this 

18 subsection a permissible use of independently ob19 tained information includes the disclosure of such in20 formation under section 2302(b)(8) of title 5, 

21 United States Code. 

22 (4) TREATMENT OF VOLUNTARY SUBMITTAL OF

23 INFORMATION.—The voluntary submittal to the De24 partment of Commerce of information or records 

25 that are protected from disclosure by this section 


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1 may not be construed to constitute compliance with 

2 any requirement to submit such information to an 

3 agency under any other provision of law. 

4 (5) INAPPLICABILITY TO SEMICONDUCTOR IN5 CENTIVE PROGRAM.—This subsection does not apply 

6 to the voluntary submission of critical supply chain 

7 information in an application for Federal financial 

8 assistance under section 9902 of the William M. 

9 (Mac) Thornberry National Defense Authorization 

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

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

12 than the date that is 7 years after the date of the enact13 ment of this Act. 

14 SEC. 4. CRITICAL SUPPLY CHAIN INNOVATION AND BEST 

15 PRACTICES. 

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

17 an ongoing basis, facilitate and support the development 

18 and dissemination of guidelines, best practices, manage19 ment strategies, methodologies, procedures, and processes 

20 for domestic manufacturers, domestic enterprises, and 

21 other entities manufacturing, procuring, or using a critical 

22 good to— 

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

24 and strength of the critical supply chains of such 

25 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 Assistant 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 or Assistant Secretary; 

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

23 (3) require any private entity to implement any 

24 measure or recommendation suggested by the SecVerDate Sep 11 2014 00:37 May 17, 2024 Jkt 049200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H6571.RFS H6571

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1 retary or Assistant Secretary in response to a re2 quest by the private entity; 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. DEFINITIONS. 

14 In this Act: 

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

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

17 United States Code. 

18 (2) ALLY OR KEY INTERNATIONAL PARTNER

19 NATION.—The term ‘‘ally or key international part20 ner nation’’— 

21 (A) means a country that is critical to ad22 dressing critical supply chain weaknesses and 

23 vulnerabilities; and 

24 (B) does not include— 


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1 (i) a country that poses a significant 

2 risk to the national security or economic 

3 security of the United States; or 

4 (ii) a country that is described in sec5 tion 503(b) of the RANSOMWARE Act 

6 (title V of division BB of the Consolidated 

7 Appropriations Act, 2023; Public Law 

8 117–328; 136 Stat. 5564). 

9 (3) ASSISTANT SECRETARY.—The term ‘‘Assist10 ant Secretary’’ means the Assistant Secretary of 

11 Commerce assigned by the Secretary to direct the 

12 office of Industry and Analysis. 

13 (4) COVERED NONGOVERNMENTAL REPRESENT14 ATIVE.—The term ‘‘covered nongovernmental rep15 resentative’’ means a representative as specified in 

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

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

18 that such term does not include a representative of 

19 a non-Federal government. 

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

21 means any raw, in process, or manufactured mate22 rial (including any mineral, metal, or advanced proc23 essed material), article, commodity, supply, product, 

24 or item for which an absence of supply would have 

25 a significant effect on— 


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1 (A) the national security or economic secu2 rity of the United States; and 

3 (B) either— 

4 (i) critical infrastructure; or 

5 (ii) an emerging technology. 

6 (6) CRITICAL INDUSTRY.—The term ‘‘critical 

7 industry’’ means an industry that— 

8 (A) is critical for the national security or 

9 economic security of the United States; and 

10 (B) produces or procures a critical good. 

11 (7) CRITICAL INFRASTRUCTURE.—The term 

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

13 term in section 1016 of the Critical Infrastructures 

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

15 (8) CRITICAL SUPPLY CHAIN.—The term ‘‘crit16 ical supply chain’’ means a supply chain for a crit17 ical good. 

18 (9) CRITICAL SUPPLY CHAIN INFORMATION.— 

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

20 information that is not customarily in the public do21 main and relates to— 

22 (A) sustaining and adapting a critical sup23 ply chain during a supply chain shock; 

24 (B) critical supply chain risk mitigation 

25 and recovery planning with respect to a supply 


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1 chain shock, including any planned or past as2 sessment, projection, or estimate of a vulner3 ability within the critical supply chain, includ4 ing testing, supplier network assessments, pro5 duction flexibility, risk evaluations, risk man6 agement planning, or risk audits; or 

7 (C) operational best practices, planning, 

8 and supplier partnerships that enable enhanced 

9 resilience of a critical supply chain during a 

10 supply chain shock, including response, repair, 

11 recovery, reconstruction, insurance, or con12 tinuity. 

13 (10) DOMESTIC ENTERPRISE.—The term ‘‘do14 mestic enterprise’’ means an enterprise that con15 ducts business in the United States and procures a 

16 critical good. 

17 (11) DOMESTIC MANUFACTURER.—The term 

18 ‘‘domestic manufacturer’’ means a business that 

19 conducts in the United States the research and de20 velopment, engineering, or production activities nec21 essary for manufacturing a critical good. 

22 (12) EMERGING TECHNOLOGY.—The term 

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

24 critical for the national security or economic security 

25 of the United States, including the following: 


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1 (A) Technologies included in the American 

2 COMPETE Act (title XV of division FF of the 

3 Consolidated Appropriations Act, 2021; Public 

4 Law 116–260; 134 Stat. 3276). 

5 (B) The following technologies: 

6 (i) Artificial intelligence. 

7 (ii) Automated vehicles and unmanned 

8 delivery systems. 

9 (iii) Blockchain and other distributed 

10 ledger, data storage, data management, 

11 and cybersecurity technologies. 

12 (iv) Quantum computing and quan13 tum sensing. 

14 (v) Additive manufacturing. 

15 (vi) Advanced manufacturing and the 

16 Internet of Things. 

17 (vii) Nano technology. 

18 (viii) Robotics. 

19 (ix) Microelectronics, optical fiber ray, 

20 and high performance and advanced com21 puter hardware and software. 

22 (x) Semiconductors. 

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1 tion materials, and related manufacturing 

2 technologies. 

3 (13) INSTITUTION OF HIGHER EDUCATION.— 

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

5 meaning given that term in section 101 of the High6 er Education Act of 1965 (20 U.S.C. 1001). 

7 (14) MANUFACTURE.—The term ‘‘manufac8 ture’’ means any activity that is necessary for the 

9 development, production, processing, distribution, or 

10 delivery of any raw, in process, or manufactured ma11 terial (including any mineral, metal, and advanced 

12 processed material), article, commodity, supply, 

13 product, critical good, or item of supply. 

14 (15) MANUFACTURING TECHNOLOGY.—The 

15 term ‘‘manufacturing technology’’ means a tech16 nology that is necessary for the manufacturing of a 

17 critical good. 

18 (16) PRODUCTION EQUIPMENT.—The term 

19 ‘‘production equipment’’ means any component, sub20 system, system, equipment, tooling, accessory, part, 

21 or assembly necessary for the manufacturing of a 

22 critical good. 

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

24 the critical supply chain resiliency and crisis re25 sponse program established under section 3(a). 


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1 (18) RELEVANT COMMITTEES OF CONGRESS.— 

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

3 the following: 

4 (A) The Committee on Commerce, Science, 

5 and Transportation of the Senate. 

6 (B) The Committee on Energy and Com7 merce of the House of Representatives. 

8 (19) RESILIENT CRITICAL SUPPLY CHAIN.—The 

9 term ‘‘resilient critical supply chain’’ means a crit10 ical supply chain that— 

11 (A) ensures that the United States can 

12 sustain critical industry, including emerging 

13 technologies, production, critical supply chains, 

14 services, and access to critical goods, production 

15 equipment, and manufacturing technology dur16 ing a supply chain shock; and 

17 (B) has key components of resilience that 

18 include— 

19 (i) effective private sector risk man20 agement and mitigation planning to sus21 tain critical supply chains and supplier 

22 networks during a supply chain shock; and 

23 (ii) minimized or managed exposure to 

24 a supply chain shock. 


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

2 means the Secretary of Commerce. 

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

4 the several States, the District of Columbia, each 

5 commonwealth, territory, or possession of the United 

6 States, and each federally recognized Indian Tribe. 

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

8 chain shock’’ includes the following: 

9 (A) A natural disaster. 

10 (B) A pandemic. 

11 (C) A biological threat. 

12 (D) A cyber attack. 

13 (E) A great power conflict. 

14 (F) A terrorist or geopolitical attack. 

15 (G) An event for which the President de16 clares a major disaster or an emergency under 

17 section 401 or 501, respectively, of the Robert 

18 T. Stafford Disaster Relief and Emergency As19 sistance Act (42 U.S.C. 5170; 42 U.S.C. 5191). 

20 (H) Any other disruption or threat to a 

21 critical supply chain that affects the national 


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1 security or economic security of the United 

2 States. 

Passed the House of Representatives May 15, 2024. 

Attest: KEVIN F. MCCUMBER, 

Clerk. 


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