I 

118TH CONGRESS 

1ST SESSION H. R. 6571 

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 

A BILL 

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

to secure American leadership in deploying emerging 

technologies, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Promoting Resilient 

5 Supply Chains Act of 2023’’. 

6 SEC. 2. DEFINITIONS. 

7 (a) DEFINITIONS.—In this section: 


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

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

3 United States Code. 

4 (2) ALLY OR KEY INTERNATIONAL PARTNER

5 NATION.—The term ‘‘ally or key international part6 ner nation’’— 

7 (A) means countries that are 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 national security or economic security risk 

13 to the United States; or 

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

16 (Public Law 117–238: 136 Stat. 5564). 

17 (3) ASSISTANT SECRETARY.—The term ‘‘Assist18 ant Secretary’’ means the Assistant Secretary of 

19 Commerce assigned by the Secretary to direct the 

20 office of Industry and Analysis. 

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

22 means any raw, in process, or manufactured mate23 rial (including any mineral, metal, or advanced proc24 essed material), article, commodity, supply, product, 


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1 or item of supply the absence of which would have 

2 a significant effect on— 

3 (A) the national security or economic secu4 rity of the United States; and 

5 (B) either 

6 (i) critical infrastructure; or 

7 (ii) emerging technologies 

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

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

10 national security or economic security of the United 

11 States, considering critical goods. 

12 (6) CRITICAL INFRASTRUCTURE.—The term 

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

14 that term in the Critical Infrastructures Protection 

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

16 (7) CRITICAL SUPPLY CHAIN.—The term ‘‘crit17 ical supply chain’’ means a critical supply chain for 

18 a critical good. 

19 (8) CRITICAL SUPPLY CHAIN INFORMATION.— 

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

21 information that is not customarily in the public do22 main and relating to— 

23 (A) sustaining and adapting supply chains 

24 during a supply chain shock; 


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1 (B) critical supply chain risk mitigation 

2 and recovery planning with respect to a supply 

3 chain shock, including any planned or past as4 sessment, projection, or estimate of a vulner5 ability within the critical supply chain, includ6 ing testing, supplier network assessments, pro7 duction flexibility, risk evaluations, risk man8 agement planning, or risk audits; or 

9 (C) operational best practices, planning, 

10 and supplier partnerships that enable enhanced 

11 resilience of critical supply chains during a sup12 ply chain shock, including response, repair, re13 covery, reconstruction, insurance, or continuity. 

14 (9) DOMESTIC ENTERPRISE.—The term ‘‘do15 mestic enterprise’’ means an enterprise that con16 ducts business in the United States and procures a 

17 critical good. 

18 (10) DOMESTIC MANUFACTURER.—The term 

19 ‘‘domestic manufacturer’’ means a business that 

20 conducts in the United States the engineering, or 

21 production activities necessary for manufacturing. 

22 (11) EMERGING TECHNOLOGY.—The term 

23 ‘‘emerging technology’’ means technologies that are 

24 critical for the national security and economic secu25 rity of the United States, including— 


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1 (A) technologies included in the American 

2 COMPETE Act (Public Law 116–260; 134 

3 Stat. 3276); and 

4 (B) the following technologies: 

5 (i) artificial intelligence; 

6 (ii) automated vehicles and unmanned 

7 delivery systems; 

8 (iii) blockchain and other distributed 

9 ledger, data storage, data management, 

10 and cybersecurity technologies; 

11 (iv) quantum computing and quantum 

12 sensing; 

13 (v) additive manufacturing; 

14 (vi) advanced manufacturing and the 

15 Internet of Things; 

16 (vii) nano technology; 

17 (viii) robotics; 

18 (ix) microelectronics, optical fiber ray, 

19 and high performance and advanced com20 puter hardware and software; 

21 (x) semiconductors; 

22 (xi) Advanced materials science, in23 cluding composition 2D, other next gen 

24 materials, and related manufacturing tech25 nologies. 


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1 (12) INSTITUTION OF HIGHER EDUCATION.— 

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

3 meaning given that term under section 101(a) of the 

4 Higher Education Act of 1965 (20 U.S.C. 1001(a)). 

5 (13) MANUFACTURE.—The term ‘‘manufac6 ture’’ means any activity that is necessary for the 

7 development, production, processing, distribution, or 

8 delivery of any raw, in process, or manufactured ma9 terial (including any mineral, metal, and advanced 

10 processed material), article, commodity, supply, 

11 product, critical good, or item of supply. 

12 (14) MANUFACTURING TECHNOLOGY.—The 

13 term ‘‘manufacturing technology’’ means tech14 nologies that are necessary for the manufacturing of 

15 a critical good. 

16 (15) NON-GOVERNMENTAL ORGANIZATION.— 

17 The term ‘‘non-governmental organization’’ means 

18 organizations that are described in section 2155(b) 

19 of title 19 of U.S. Code, excluding non-federal gov20 ernments. 

21 (16) PRODUCTION EQUIPMENT.—The term 

22 ‘‘production equipment’’ means any component, sub23 system, system, equipment, tooling, accessory, part, 

24 or assembly necessary for the manufacturing of a 

25 critical good. 


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

2 the critical supply chain resiliency program estab3 lished pursuant to section 4. 

4 (18) RELEVANT COMMITTEES OF CONGRESS.— 

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

6 the following: 

7 (A) The Committee on Commerce, Science, 

8 and Transportation of the Senate. 

9 (B) The Committee on Energy and Com10 merce of the House of Representatives. 

11 (19) RESILIENT CRITICAL SUPPLY CHAIN.—The 

12 term ‘‘resilient critical supply chain’’ means a crit13 ical supply chain that— 

14 (A) ensures that the United States can 

15 sustain critical industry (including critical in16 dustries for emerging technologies), production, 

17 critical supply chains, services, and access to 

18 critical goods, production equipment, and man19 ufacturing technology during supply chain 

20 shocks; and 

21 (B) has key components of resilience that 

22 include— 

23 (i) effective private sector risk man24 agement and mitigation planning to susVerDate Sep 11 2014 05:44 Dec 08, 2023 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H6571.IH H6571

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1 tain critical supply chains and supplier 

2 networks during a supply chain shock; 

3 (ii) minimized or managed exposure to 

4 supply chain shocks; and 

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

6 means the Secretary of Commerce. 

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

8 the several States, the District of Columbia, each 

9 commonwealth, territory, or possession of the United 

10 States, and each federally recognized Indian Tribe. 

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

12 chain shock’’ includes the following: 

13 (A) A natural disaster. 

14 (B) A pandemic. 

15 (C) A biological threat. 

16 (D) A cyber attack. 

17 (E) A great power conflict. 

18 (F) A terrorist or geopolitical attack. 

19 (G) An event for which the President de20 clares a major disaster or an emergency under 

21 section 401 or 501, respectively, of the Robert 

22 T. Stafford Disaster Relief and Emergency As23 sistance Act (42 U.S.C. 5170 and 5191). 


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1 (H) Any other critical supply chain disrup2 tion or threat that affects the national security 

3 or economic security of the United States. 

4 SEC. 3. RESPONSIBILITIES ASSIGNED TO ASSISTANT SEC5 RETARY. 

6 (a) ADDITIONAL RESPONSIBILITIES.—The Assistant 

7 Secretary shall have the following additional responsibil8 ities: 

9 (1) Promote the leadership of the United States 

10 with respect to critical industries, critical supply 

11 chains, and emerging technologies that— 

12 (A) Strengthen the national security of the 

13 United States; and 

14 (B) Have a significant effect on the eco15 nomic security of the United States. 

16 (2) Encourage consultation with other Federal 

17 agencies, and partnerships with non-governmental 

18 organizations, industry, institutions of higher edu19 cation, and State and local governments in order 

20 to— 

21 (A) promote resilient critical supply chains; 

22 and 

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

24 supply chain shocks to— 

25 (i) critical industry; 


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1 (ii) critical supply chains; and 

2 (iii) emerging technologies. 

3 (3) encourage the growth and competitiveness 

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

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

8 and strength of critical supply chains, critical indus9 tries and emerging technologies. 

10 (5) Support the availability of critical goods 

11 from domestic manufacturers, domestic enterprises, 

12 and manufacturing operations in the United States 

13 and in countries that are allies or key international 

14 partner nations. 

15 (6) Assist the Federal Government in preparing 

16 for and responding to critical supply chain shocks, 

17 including by improving the flexible manufacturing 

18 capacities and capabilities in the United States. 

19 (7) Consistent with United States obligations 

20 under international agreements, encourage and 

21 incentivize the reduced reliance of domestic entities 

22 and domestic manufacturers on critical goods from 

23 countries of concern. 

24 (8) Encourage the relocation of manufacturing 

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1 tries of concern to the United States and countries 

2 that are allies and key international partner nations 

3 to strengthen the resilience, diversity, security, and 

4 strength of critical supply chains. 

5 (9) Support the creation of jobs with competi6 tive wages in the United States manufacturing sec7 tor. 

8 (10) Encourage manufacturing growth and op9 portunities in rural and underserved communities. 

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

11 United States and the competitiveness of manufac12 turing in the United States. 

13 (b) EXPERTISE AND STAFFING.—In executing the re14 sponsibilities under subsection (a), the Assistant Sec15 retary— 

16 (1) shall establish capabilities to— 

17 (A) assess the state of technology, innova18 tion, and production capacity in the United 

19 States and other nations; and 

20 (B) conduct other activities deemed to be 

21 critical for the use of analytic capabilities, sta22 tistics, datasets, and metrics related to critical 

23 technologies and innovation; and 

24 (2) may utilize external organizations to provide 

25 independent and objective technical support. 


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1 SEC. 4. CRITICAL SUPPLY CHAIN RESILIENCY AND CRISIS 

2 RESPONSE PROGRAM. 

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

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

5 shall establish in the Department of Commerce a supply 

6 chain resiliency program to carry out the activities de7 scribed in subsection (b). 

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

9 Secretary shall carry out activities— 

10 (1) in coordination with the coordination group 

11 established under subsection (c), to— 

12 (A) map, monitor, and model critical sup13 ply chains, including emerging technology sup14 ply chains, which may include— 

15 (i) modeling the impact of supply 

16 chain shocks on critical industries (includ17 ing critical industries for emerging tech18 nologies), critical supply chains, domestic 

19 enterprises, and domestic manufacturers; 

20 (ii) monitoring the demand for and 

21 supply of critical goods and services, pro22 duction equipment, and manufacturing 

23 technology needed for critical supply 

24 chains, including critical goods and serv25 ices, production equipment, and manufac26 turing technology obtained or purchased 


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1 from a person outside of the United States 

2 or imported into the United States; and 

3 (iii) monitoring manufacturing, 

4 warehousing, transportation, and distribu5 tion related to critical supply chains; and 

6 (B) identify high priority critical supply 

7 chain gaps and vulnerabilities, which may in8 clude single points of failure in critical supply 

9 chains, critical industries, and emerging tech10 nologies that— 

11 (i) exist as of the date of the enact12 ment of this section; or 

13 (ii) are anticipated in the future; 

14 (C) identify potential supply chain shocks 

15 that may disrupt, strain, compromise, or elimi16 nate a critical supply chain, including emerging 

17 technology supply chains; 

18 (D) evaluate the capability and capacity of 

19 domestic manufacturers or manufacturers lo20 cated in countries that are allies or key inter21 national partner nations to serve as sources for 

22 critical goods, production equipment, or manu23 facturing technology needed in critical supply 

24 chains, including emerging technology supply 

25 chains; 


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1 (E) evaluate the effect on the national se2 curity and economic competitiveness of the 

3 United States, including on consumer prices, 

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

5 disruption, strain, compromise, or elimination 

6 of a critical supply chain; 

7 (F) evaluate the state of the manufac8 turing workforce, including by— 

9 (i) identifying the needs of domestic 

10 manufacturers; and 

11 (ii) identifying opportunities to create 

12 high-quality manufacturing jobs; and 

13 (G) identify investments in critical goods, 

14 production equipment, and manufacturing tech15 nology from non-Federal sources. 

16 (2) in coordination with the State and local gov17 ernments, and the coordination group established 

18 under subsection (c), and, as appropriate, in co19 operation with the governments of countries that are 

20 allies or key international partner nations of the 

21 United States, to— 

22 (A) identify opportunities to reduce critical 

23 supply chain gaps and vulnerabilities in critical 

24 supply chains, critical industries, and emerging 

25 technologies; 


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1 (B) encourage consultation between the 

2 Federal Government, and partnerships between 

3 industry, non-governmental organizations, insti4 tutions of higher education, and State and local 

5 governments to— 

6 (i) better respond to supply chain 

7 shocks to critical supply chains, critical in8 dustries, and emerging technologies; and 

9 (ii) coordinate response efforts; 

10 (C) encourage consultation between the 

11 Federal Government and the governments of 

12 countries that are allies or key international 

13 partner nations of the United States; 

14 (D) develop or identify opportunities to 

15 build the capacity of the United States in crit16 ical supply chains, critical industries, and 

17 emerging technologies; 

18 (E) develop or identify opportunities to 

19 build the capacity of countries that are allies or 

20 key international partner nations of the United 

21 States in critical industries (including critical 

22 industries for emerging technologies), and crit23 ical supply chains; 

24 (F) develop contingency plans and coordi25 nation mechanisms to improve critical supply 


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1 chain, critical industry, and emerging tech2 nology supply chain response to supply chain 

3 shocks; and 

4 (G) support methods and technologies, in5 cluding blockchain technology, distributed ledg6 er technology, and other emerging technologies 

7 as appropriate, for the authentication and 

8 traceability of critical goods; 

9 (3) acting within the existing authorities of the 

10 Department of Commerce, and in consultation with 

11 the Secretary of State and the United States Trade 

12 Representative, consult with governments of coun13 tries that are allies or key international partner na14 tions of the United States to promote diversified and 

15 resilient critical supply chains that ensure the supply 

16 of critical goods, production equipment, and manu17 facturing technology to the United States and com18 panies of countries that are allies or key inter19 national partner nations of the United States; 

20 (4) consult with other offices and divisions of 

21 the Department of Commerce and other Federal 

22 agencies to leverage existing authorities, as of the 

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

24 resilience of supply chains of critical industries and 

25 emerging technologies; and 


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1 (5) to determine what emerging technologies 

2 may assist in accomplishing the activities described 

3 in this subsection and promote emerging tech4 nologies. 

5 (c) COORDINATION GROUP.—In carrying out the ap6 plicable activities under subsection (a), the Assistant Sec7 retary shall— 

8 (1) establish a unified coordination group led by 

9 the Assistant Secretary, which shall include, as ap10 propriate, private sector partners, and non-govern11 mental organizations, to serve as a body for con12 sultation among agencies described under subsection 

13 (g) to plan for and respond to supply chain shocks 

14 and support the resilience, diversity, security, and 

15 strength of critical supply chains; 

16 (2) establish subgroups of the unified coordina17 tion group if established under paragraph (1), led by 

18 the head of an appropriate agency; and 

19 (3) through the unified coordination group es20 tablished under paragraph (1)— 

21 (A) acquire on a voluntary basis technical, 

22 engineering, and operational critical supply 

23 chain information from the private sector, in a 

24 manner that ensures any critical supply chain 

25 information provided by the private sector is 


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1 kept confidential and is exempt from disclosure 

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

3 States Code (commonly known as the ‘‘Freedom 

4 of Information Act’’); 

5 (B) study the critical supply chain infor6 mation acquired under subparagraph (A) to as7 sess critical supply chain, including emerging 

8 technology supply chain resilience, and inform 

9 planning; 

10 (C) convene with relevant private sector 

11 entities to share best practices, planning, and 

12 capabilities to respond to potential supply chain 

13 shocks; 

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

16 coordinated response to potential supply chain 

17 shocks; and 

18 (E) factor in any relevant findings from 

19 the studies required in the American COM20 PETE Act (Public Law 116–260; 134 Stat. 

21 3276). 

22 (4) INTERNATIONAL COOPERATION.—The Sec23 retary, in consultation with other relevant Federal 

24 agencies, may consult with governments of countries 

25 that are allies or key international partner nations 


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1 of the United States relating to enhancing the secu2 rity and resilience of critical supply chains in re3 sponse to supply chain shocks. 

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

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

6 the enactment of this Act, designate— 

7 (A) critical industries; 

8 (B) critical supply chains; and 

9 (C) critical goods; 

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

11 review in carrying out paragraph (1); and 

12 (3) update the designations made under para13 graph (1) not less frequently than once every four 

14 years, including designations for technologies not 

15 provided in the initial list described in section 

16 2(a)(11)(B) that the Assistant Secretary deems nec17 essary. 

18 (e) NATIONAL STRATEGY AND REVIEW ON CRITICAL

19 SUPPLY CHAIN RESILIENCY AND MANUFACTURING IN

20 THE UNITED STATES.— 

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

22 the date of the enactment of this section, and not 

23 less than once every 2 years thereafter, the Assistant 

24 Secretary, in consultation with the head of each rel25 evant agency, non-governmental organization, indusVerDate Sep 11 2014 05:44 Dec 08, 2023 Jkt 049200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H6571.IH H6571

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1 try, institutions of higher education, and State and 

2 local governments, shall submit to the relevant com3 mittees of Congress and post on the website of the 

4 Assistant Secretary a report that— 

5 (A) identifies— 

6 (i) critical infrastructure that may as7 sist in fulfilling the responsibilities de8 scribed in section 3; 

9 (ii) emerging technologies that may 

10 assist in fulfilling the responsibilities de11 scribed in section 3 and the program de12 scribed in subsection (a), and such tech13 nologies that may be critical to addressing 

14 critical supply chain preparedness, weak15 nesses, and vulnerabilities; 

16 (iii) critical industries, critical supply 

17 chains, and critical goods designated under 

18 section 4(d); 

19 (iv) other goods, supplies, and services 

20 that are critical to the crisis preparedness 

21 of the United States; 

22 (v) substitutes for critical goods, pro23 duction equipment, and manufacturing 

24 technology; 


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1 (vi) methods and technologies, includ2 ing blockchain technology, distributed ledg3 er technology, and other emerging tech4 nologies as appropriate, for the authentica5 tion and traceability of critical goods; and 

6 (vii) countries that are critical to ad7 dressing critical supply chain weaknesses 

8 and vulnerabilities; 

9 (B) describes the matters identified and 

10 evaluated pursuant to section 4(b)(1), includ11 ing— 

12 (i) the manufacturing base and crit13 ical supply chains and emerging tech14 nologies in the United States, including the 

15 manufacturing base and critical supply 

16 chains for— 

17 (I) essential materials; 

18 (II) production equipment; 

19 (III) critical goods, including raw 

20 materials, microelectronics and semi21 conductors, and rare earth permanent 

22 magnets, that are essential to the pro23 duction of technologies and supplies 

24 for critical industries, including 

25 emerging technologies; and 


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1 (IV) manufacturing technology; 

2 (ii) the ability of the United States 

3 to— 

4 (I) maintain readiness with re5 spect to preparing for and responding 

6 to supply chain shocks; and 

7 (II) in response to a supply chain 

8 shock— 

9 (aa) surge production in 

10 critical industries; 

11 (bb) surge production of 

12 critical goods and production 

13 equipment; and 

14 (cc) maintain access to crit15 ical goods, production equipment, 

16 and manufacturing technology; 

17 (C) an assessment and description of— 

18 (i) demand and supply of critical 

19 goods, production equipment, and manu20 facturing technology; 

21 (ii) production of critical goods, pro22 duction equipment, and manufacturing 

23 technology by domestic manufacturers; 

24 (iii) the capability and capacity of do25 mestic manufacturers and manufacturers 


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1 in countries that are allies or key inter2 national partner nations of the United 

3 States to manufacture critical goods, pro4 duction equipment, and manufacturing 

5 technology; and 

6 (iv) how supply chain shocks could af7 fect rural, Tribal, and underserved commu8 nities; 

9 (D) identifies threats and supply chain 

10 shocks that may disrupt, strain, compromise, or 

11 eliminate critical supply chains, critical goods, 

12 and critical industries, including emerging tech13 nologies; 

14 (E) with regard to any threat identified in 

15 subparagraph (D), lists any threat or supply 

16 chain shock that may originate from a country, 

17 company, or individual from such country 

18 that— 

19 (i) is described in section 503(b) of 

20 the RANSOMWARE Act (Public Law 

21 117-238: 136 Stat. 5564); or 

22 (ii) poses a significant national secu23 rity or economic security threat to the 

24 United States; 

25 (F) assesses— 


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1 (i) the resilience and capacity of the 

2 manufacturing base, critical supply chains, 

3 and workforce of the United States and al4 lies and key international partner nations 

5 that can sustain critical industries, includ6 ing emerging technologies, through a sup7 ply chain shock; 

8 (ii) the effect innovation has on do9 mestic manufacturing; and 

10 (iii) any single points of failure in the 

11 critical supply chains described in clause 

12 (i); 

13 (G) with respect to countries that are allies 

14 or key international partner nations of the 

15 United States, review the sourcing of critical 

16 goods, production equipment, and manufac17 turing technology associated with critical indus18 tries from those countries; 

19 (H) assesses the flexible manufacturing ca20 pacity and capability available in the United 

21 States in the case of a supply chain shock; 

22 (I) develop a strategy for the Department 

23 of Commerce to support the resilience, diver24 sity, security, and strength of critical supply 

25 chains and emerging technologies to: 


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1 (i) Support sufficient access to critical 

2 goods by mitigating critical supply chain 

3 vulnerabilities, including critical supply 

4 chains concentrated in countries of con5 cern. 

6 (ii) Collaborate with other relevant 

7 Federal agencies to assist allies or key 

8 international partner nations build capac9 ity for manufacturing critical goods. 

10 (iii) Recover from supply chain 

11 shocks. 

12 (iv) Identify, in consultation with 

13 other relevant Federal agencies, actions re14 lating to critical supply chains with which 

15 the United States might— 

16 (I) raise living standards; 

17 (II) increase employment oppor18 tunities; and 

19 (III) improve response to supply 

20 chain shocks. 

21 (v) Protect against supply chain 

22 shocks from countries of concern relating 

23 to critical supply chains. 

24 (vi) Support methods and tech25 nologies, including blockchain technology, 


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1 distributed ledger technologies, and other 

2 emerging technologies as appropriate, for 

3 the authentication and traceability of crit4 ical goods. 

5 (vii) Make specific recommendations 

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

10 emerging technologies, by— 

11 (I) developing long-term strate12 gies; 

13 (II) increasing visibility into the 

14 networks and capabilities of suppliers 

15 and domestic manufacturers; 

16 (III) identifying industry best 

17 practices; 

18 (IV) evaluating how diverse sup19 plier networks, multi-platform and 

20 multi-region production capabilities 

21 and sources, and integrated global 

22 and regional critical supply chains can 

23 enhance the resilience of— 

24 (aa) critical industries in the 

25 United States; 


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1 (bb) emerging technologies 

2 in 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 tech21 nologies), or critical supply 

22 chains; 

23 (VI) identifying enterprise re24 source planning systems that are— 


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1 (aa) compatible across crit2 ical supply chain tiers; and 

3 (bb) affordable for all sizes 

4 of business and for startups; 

5 (VII) understanding the total 

6 cost of ownership, total value con7 tribution, and other best practices 

8 that encourage strategic partnerships 

9 throughout critical supply chains; 

10 (VIII) understanding Federal 

11 procurement opportunities to increase 

12 resiliency of critical supply chains for 

13 goods and services and fill gaps in do14 mestic purchasing; 

15 (IX) identifying opportunities to 

16 consult with allies or key international 

17 partner nations of the United States 

18 to build more resilient critical supply 

19 chains and mitigate risks; 

20 (X) identifying opportunities to 

21 reuse and recycle critical goods, in22 cluding raw materials, to increase the 

23 resilience of critical supply chains; 

24 (XI) consulting with countries 

25 on— 


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1 (aa) sourcing critical goods, 

2 production equipment, and man3 ufacturing 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; 

13 (XIII) provides guidance to the 

14 Department of Commerce and other 

15 relevant agencies with respect to tech16 nologies and supplies that should be 

17 prioritized to ensure United States 

18 leadership in the deployment of such 

19 technologies. 

20 (2) PROHIBITION.—The report submitted under 

21 paragraph (1) may not include— 

22 (A) critical supply chain information that 

23 is not aggregated; 

24 (B) confidential business information of a 

25 private sector entity; or 


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1 (C) classified information. 

2 (3) CONSULTATION.—Not later than 1 year 

3 after the date of enactment of this Act, the Assist4 ant Secretary shall enter into agreements with the 

5 head of any relevant Federal agency to obtain any 

6 information, data, or assistance that the Assistant 

7 Secretary determines to be necessary for developing 

8 the report. 

9 (4) FORM.—The report, and any update sub10 mitted thereafter, shall be submitted to the Com11 mittee on Energy and Commerce of the House of 

12 Representatives and the Committee on Commerce, 

13 Science, and Transportation of the Senate in unclas14 sified form and may include a classified annex. 

15 (5) PUBLIC COMMENT.—The Assistant Sec16 retary shall provide for a period of public comment 

17 and review in developing the report. 

18 (6) With regard to any threat identified in sub19 paragraph (C), lists any threat that may originate 

20 from a country, company, or individual from such 

21 country that— 

22 (A) is described in section 503(b) of the 

23 RANSOMWARE Act (Public Law 117–238: 

24 136 Stat. 5564); or 


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1 (B) poses a significant national security or 

2 economic security threat to the United States. 

3 (f) REPORT TO CONGRESS.—Concurrent with the an4 nual submission by the President of the budget under sec5 tion 1105 of title 31, United States Code, the Secretary 

6 shall submit to the Committee on Energy and Commerce 

7 of the House of Representatives and the Committee on 

8 Commerce, Science, and Transportation of the Senate and 

9 post on the website of the Assistant Secretary a report 

10 that contains a summary of every activity carried out 

11 under this Act during the year covered by the report. Such 

12 report shall be submitted in unclassified form and may 

13 include a classified annex. 

14 (g) CONSULTATION.—In implementing the program, 

15 the Assistant Secretary may, as appropriate, consult with 

16 the heads of relevant Federal agencies. 

17 (h) RULE OF CONSTRUCTION.—Nothing in this sec18 tion may be construed to require any private entity— 

19 (1) to share information with the Secretary or 

20 Assistant Secretary; 

21 (2) to request assistance from the Secretary or 

22 Assistant Secretary; or 

23 (3) to implement any measure or recommenda24 tion suggested by the Secretary or Assistant Sec25 retary in response to a request by the private entity. 


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1 (i) PROTECTION OF VOLUNTARILY SHARED CRIT2 ICAL SUPPLY CHAIN INFORMATION.— 

3 (1) PROTECTION.— 

4 (A) IN GENERAL.—Notwithstanding any 

5 other provision of law, critical supply chain in6 formation (including the identity of the submit7 ting entity) that is voluntarily submitted by a 

8 private entity under this section to the Depart9 ment of Commerce for use by the Department 

10 for purposes of this section, when accompanied 

11 by an express statement specified in subpara12 graph (B)— 

13 (i) shall be exempt from disclosure 

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

15 States Code (commonly referred to as the 

16 ‘‘Freedom of Information Act’’); 

17 (ii) is not subject to any agency rules 

18 or judicial doctrine regarding ex parte 

19 communications with a decision making of20 ficial; 

21 (iii) may not, without the written con22 sent of the entity submitting such informa23 tion, be used directly by the Department of 

24 Commerce, any other Federal, State, or 

25 local authority, or any third party, in any 


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1 civil action arising under Federal or State 

2 law if such information is submitted in 

3 good faith; 

4 (iv) may not, without the written con5 sent of the entity submitting such informa6 tion, be used or disclosed by any officer or 

7 employee of the United States for purposes 

8 other than the purposes of this section, ex9 cept— 

10 (I) in furtherance of an investiga11 tion or the prosecution of a criminal 

12 act; or 

13 (II) when disclosure of the infor14 mation would be— 

15 (aa) to either House of Con16 gress, or to the extent of matter 

17 within its jurisdiction, any com18 mittee or subcommittee thereof, 

19 any joint committee thereof, or 

20 any subcommittee of any such 

21 joint committee; or 

22 (bb) to the Comptroller Gen23 eral of the United States, or any 

24 authorized representative of the 

25 Comptroller General, in the 


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1 course of the performance of the 

2 duties of the Government Ac3 countability Office; 

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

5 local government or government agency— 

6 (I) be made available pursuant to 

7 any State or local law requiring dis8 closure of information or records; 

9 (II) otherwise be disclosed or dis10 tributed to any party by such State or 

11 local government or government agen12 cy without the written consent of the 

13 entity submitting such information; or 

14 (III) be used other than for the 

15 purpose of carrying out this section, 

16 or in furtherance of an investigation 

17 or the prosecution of a criminal act; 

18 and 

19 (vi) does not constitute a waiver of 

20 any applicable privilege or protection pro21 vided under law, such as trade secret pro22 tection. 

23 (B) EXPRESS STATEMENT.—The express 

24 statement described in this subparagraph, with 

25 respect to information or records, is— 


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1 (i) in the case of written information 

2 or records, a written marking on the infor3 mation or records substantially similar to 

4 the following: ‘‘This information is volun5 tarily submitted to the Federal Govern6 ment in expectation of protection from dis7 closure as provided by the provisions of the 

8 lllllll Act of 2023.’’; or 

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

10 written statement similar to the statement 

11 described in clause (i) submitted within a 

12 reasonable period following the oral com13 munication. 

14 (2) LIMITATION.—No communication of critical 

15 supply chain information to the Department of Com16 merce made pursuant to this section may be consid17 ered to be an action subject to the requirements of 

18 chapter 10 of title 5, United States Code. 

19 (3) INDEPENDENTLY OBTAINED INFORMA20 TION.—Nothing in this subsection may be construed 

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

22 local, or Federal Government entity, agency, or au23 thority, or any third party, under applicable law, to 

24 obtain critical supply chain information in a manner 

25 not covered by paragraph (1), including any inforVerDate Sep 11 2014 05:44 Dec 08, 2023 Jkt 049200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H6571.IH H6571

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•HR 6571 IH

1 mation lawfully and properly disclosed generally or 

2 broadly to the public and to use such information in 

3 any manner permitted by law. For purposes of this 

4 subsection a permissible use of independently ob5 tained information includes the disclosure of such in6 formation under section 2302(b)(8) of title 5, 

7 United States Code. 

8 (4) TREATMENT OF VOLUNTARY SUBMITTAL OF

9 INFORMATION.—The voluntary submittal to the De10 partment of Commerce of information or records 

11 that are protected from disclosure by this section 

12 may not be construed to constitute compliance with 

13 any requirement to submit such information to an 

14 agency under any other provision of law. 

15 (5) INAPPLICABILITY TO SEMICONDUCTOR IN16 CENTIVE PROGRAM.—This subsection does not apply 

17 to the voluntary submission of critical supply chain 

18 information by a private entity in an application for 

19 Federal financial assistance under section 9902 of 

20 the William M. (Mac) Thornberry National Defense 

21 Authorization Act for Fiscal Year 2021 (Public Law 

22 116–283). 

23 (j) SUNSET.—the program established under this sec24 tion shall terminate no later than 7 years after the date 

25 of enactment of this Act. 


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•HR 6571 IH

1 SEC. 5. CRITICAL SUPPLY CHAIN INNOVATION AND BEST 

2 PRACTICES. 

3 (a) IN GENERAL.—Subject to the availability of ap4 propriations, the Assistant Secretary shall, on an ongoing 

5 basis, facilitate and support the development and dissemi6 nation of guidelines, best practices, management strate7 gies, methodologies, procedures, and processes for domes8 tic manufacturers and entities manufacturing, purchasing, 

9 or using a critical good to— 

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

11 and strength of the critical supply chains of such 

12 manufacturers and entities; 

13 (2) quantify the value of improved resilience, di14 versity, security, and strength of critical supply 

15 chains to such manufacturers and entities; 

16 (3) design and implement measures to reduce 

17 the risks of disruption, strain, compromise, or elimi18 nation of critical supply chains of such manufactur19 ers and entities; and 

20 (4) support the authentication and traceability 

21 of critical goods using blockchain technology, distrib22 uted ledger technologies, and other emerging tech23 nologies as appropriate. 

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

25 the Assistant Secretary shall do the following: 


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1 (1) Consult closely and regularly with relevant 

2 private sector personnel and entities, manufacturing 

3 extension centers established as part of the Hollings 

4 Manufacturing Extension Partnership, Manufac5 turing USA institutes as described in section 34(d) 

6 of the National Institute of Standards and Tech7 nology Act (15 U.S.C. 278s(d)), and other relevant 

8 stakeholders and incorporate industry expertise. 

9 (2) Consult with the head of any relevant Fed10 eral agency, including those with jurisdiction over 

11 critical supply chains, States, local governments, 

12 Tribal governments, allied and key international 

13 partner nations, and international organizations, as 

14 necessary. 

15 (3) Collaborate with private sector stakeholders 

16 to identify prioritized, flexible, repeatable, perform17 ance-based, and cost-effective critical supply chain 

18 resilience approaches that may be voluntarily adopt19 ed by domestic manufacturers and entities pur20 chasing or using a critical good to achieve the goals 

21 of subsection (a). 

22 (4) Facilitate the design of— 

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•HR 6571 IH

1 curity, and strength of critical supply chains; 

2 and 

3 (B) methodologies to identify and mitigate 

4 the effects of a disruption, strain, compromise, 

5 or elimination of a critical supply chain. 

6 (5) Facilitate the identification or application of 

7 methods and technologies, including blockchain tech8 nology, distributed ledger technologies, and other 

9 emerging technologies as appropriate, for the au10 thentication and traceability of critical goods. 

11 (6) Disseminate research and information to as12 sist domestic manufacturers redesign products, ex13 pand domestic manufacturing capacity, and improve 

14 other capabilities as required to improve the resil15 ience, diversity, security, and strength of critical 

16 supply chains. 

17 (7) Incorporate relevant industry best practices. 

18 (8) Consider private sector, including small 

19 business concerns. 

20 (9) Leverage existing mechanisms for the Fed21 eral Government to provide critical supply chain so22 lutions, including manufacturing technology, to in23 clude providing products, tools, and workforce devel24 opment solutions related to critical supply chain reVerDate Sep 11 2014 05:44 Dec 08, 2023 Jkt 049200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H6571.IH H6571

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1 silience to manufacturers, including for small and 

2 medium sized manufacturers. 

3 (c) RULE OF CONSTRUCTION.—Nothing in this sec4 tion may be construed to— 

5 (1) require any private entity to share informa6 tion with the Secretary or Assistant Secretary; 

7 (2) require any private entity to request assist8 ance from the Secretary or Assistant Secretary; 

9 (3) require any private entity to implement any 

10 measure or recommendation suggested by the Sec11 retary or Assistant Secretary in response to a re12 quest by the private entity; or 

13 (4) require the adoption of the guidelines, best 

14 practices, management strategies, methodologies, 

15 procedures, and processes described in subsection 

16 (a). 

17 SEC. 6. DEPARTMENT OF COMMERCE CAPABILITY ASSESS18 MENT. 

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

20 than two year after the date of the enactment of this Act, 

21 produce a report— 

22 (1) identifying the duties, responsibilities, re23 sources, programs, and expertise within the offices 

24 and bureaus of the Department of Commerce relVerDate Sep 11 2014 05:44 Dec 08, 2023 Jkt 049200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H6571.IH H6571

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1 evant to critical supply chain resilience and manu2 facturing innovation; 

3 (2) identifying and assessing the purpose, legal 

4 authority, effectiveness, efficiency, and limitations of 

5 each office and bureau identified under paragraph 

6 (1); and 

7 (3) providing recommendations to enhance the 

8 activities related to critical supply chain resilience 

9 and manufacturing innovation of the Department of 

10 Commerce including— 

11 (A) improving the effectiveness, efficiency, 

12 and impact of the offices and bureaus identified 

13 under paragraph (1); 

14 (B) coordination across offices and bu15 reaus identified under paragraph (1); and 

16 (C) consult with Federal agencies imple17 menting similar activities related to critical sup18 ply chain resilience and manufacturing innova19 tion. 

20 (b) REPORT.—The Secretary shall provide the report 

21 required under subsection (a) to the relevant committees 

22 of Congress, along with a strategy to implement, as appro23 priate and as determined by the Secretary, the rec24 ommendations under the report. 

Æ 


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