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ance that the Assistant Secretary determines necessary to 
conduct the activities described in subsection (b). 
(h) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to require any private entity— 
(1) to share information with the Secretary or 
Assistant Secretary; 
(2) to request assistance from the Secretary or 
Assistant Secretary; or 
(3) to implement any measure or recommenda-
tion suggested by the Secretary or Assistant Sec-
retary in response to a request by the private entity. 
(i) PROTECTION OF VOLUNTARILY SHARED CRIT-
ICAL SUPPLY CHAIN INFORMATION.— 
(1) PROTECTION.— 
(A) IN
GENERAL.—Notwithstanding any 
other provision of law, critical supply chain in-
formation (including the identity of the submit-
ting person or entity) that is voluntarily sub-
mitted under this section to the Department of 
Commerce for use by the Department for pur-
poses of this section, when accompanied by an 
express statement specified in subparagraph 
(B)— 
(i) shall be exempt from disclosure 
under section 552(b)(3) of title 5, United 
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States Code (commonly referred to as the 
‘‘Freedom of Information Act’’); 
(ii) is not subject to any agency rules 
or judicial doctrine regarding ex parte 
communications with a decision making of-
ficial; 
(iii) may not, without the written con-
sent of the person or entity submitting 
such information, be used directly by the 
Department of Commerce, any other Fed-
eral, State, or local authority, or any third 
party, in any civil action arising under 
Federal or State law if such information is 
submitted in good faith; 
(iv) may not, without the written con-
sent of the person or entity submitting 
such information, be used or disclosed by 
any officer or employee of the United 
States for purposes other than the pur-
poses of this section, except— 
(I) in furtherance of an investiga-
tion or the prosecution of a criminal 
act; or 
(II) when disclosure of the infor-
mation would be— 
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(aa) to either House of Con-
gress, or to the extent of matter 
within its jurisdiction, any com-
mittee or subcommittee thereof, 
any joint committee thereof, or 
any subcommittee of any such 
joint committee; or 
(bb) to the Comptroller Gen-
eral of the United States, or any 
authorized representative of the 
Comptroller 
General, 
in 
the 
course of the performance of the 
duties of the Government Ac-
countability Office; 
(v) may not, if provided to a State or 
local government or government agency— 
(I) be made available pursuant to 
any State or local law requiring dis-
closure of information or records; 
(II) otherwise be disclosed or dis-
tributed to any party by such State or 
local government or government agen-
cy without the written consent of the 
person or entity submitting such in-
formation; or 
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(III) be used other than for the 
purpose of carrying out this section, 
or in furtherance of an investigation 
or the prosecution of a criminal act; 
and 
(vi) does not constitute a waiver of 
any applicable privilege or protection pro-
vided under law, such as trade secret pro-
tection. 
(B) EXPRESS
STATEMENT.—The express 
statement described in this subparagraph, with 
respect to information or records, is— 
(i) in the case of written information 
or records, a written marking on the infor-
mation or records substantially similar to 
the following: ‘‘This information is volun-
tarily submitted to the Federal Govern-
ment in expectation of protection from dis-
closure as provided by the provisions of the 
Promoting Resilient Supply Chains Act of 
2023.’’; or 
(ii) in the case of oral information, a 
written statement similar to the statement 
described in clause (i) submitted within a 
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reasonable period following the oral com-
munication. 
(2) LIMITATION.—No communication of critical 
supply chain information to the Department of Com-
merce made pursuant to this section may be consid-
ered to be an action subject to the requirements of 
chapter 10 of title 5, United States Code. 
(3) 
INDEPENDENTLY
OBTAINED
INFORMA-
TION.—Nothing in this subsection may be construed 
to limit or otherwise affect the ability of a State, 
local, or Federal Government entity, agency, or au-
thority, or any third party, under applicable law, to 
obtain critical supply chain information in a manner 
not covered by paragraph (1), including any infor-
mation lawfully and properly disclosed generally or 
broadly to the public and to use such information in 
any manner permitted by law. For purposes of this 
subsection a permissible use of independently ob-
tained information includes the disclosure of such in-
formation under section 2302(b)(8) of title 5, 
United States Code. 
(4) TREATMENT OF VOLUNTARY SUBMITTAL OF 
INFORMATION.—The voluntary submittal to the De-
partment of Commerce of information or records 
that are protected from disclosure by this section 
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may not be construed to constitute compliance with 
any requirement to submit such information to an 
agency under any other provision of law. 
(5) INAPPLICABILITY TO SEMICONDUCTOR IN-
CENTIVE PROGRAM.—This subsection does not apply 
to the voluntary submission of critical supply chain 
information in an application for Federal financial 
assistance under section 9902 of the William M. 
(Mac) Thornberry National Defense Authorization 
Act for Fiscal Year 2021 (Public Law 116–283). 
(j) SUNSET.—The program shall terminate not later 
than the date that is 7 years after the date of the enact-
ment of this Act. 
SEC. 4. CRITICAL SUPPLY CHAIN INNOVATION AND BEST 
PRACTICES. 
(a) IN GENERAL.—The Assistant Secretary shall, on 
an ongoing basis, facilitate and support the development 
and dissemination of guidelines, best practices, manage-
ment strategies, methodologies, procedures, and processes 
for domestic manufacturers, domestic enterprises, and 
other entities manufacturing, procuring, or using a critical 
good to— 
(1) measure the resilience, diversity, security, 
and strength of the critical supply chains of such 
manufacturers, enterprises, and entities; 
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(2) quantify the value of improved resilience, di-
versity, security, and strength of critical supply 
chains to such manufacturers, enterprises, and enti-
ties; 
(3) design and implement measures to reduce 
the risks of disruption, strain, compromise, or elimi-
nation of critical supply chains of such manufactur-
ers, enterprises, and entities; and 
(4) support the authentication and traceability 
of critical goods using blockchain technology, distrib-
uted ledger technologies, and other emerging tech-
nologies as appropriate. 
(b) REQUIREMENTS.—In carrying out subsection (a), 
the Assistant Secretary shall do the following: 
(1) Consult closely and regularly with relevant 
private sector personnel and entities, manufacturing 
extension centers established as part of the Hollings 
Manufacturing Extension Partnership, Manufac-
turing USA institutes as described in section 34(d) 
of the National Institute of Standards and Tech-
nology Act (15 U.S.C. 278s(d)), and other relevant 
stakeholders and incorporate industry expertise. 
(2) Consult with the heads of relevant agencies 
(including agencies with jurisdiction over critical 
supply chains), States, local governments, Tribal 
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Governments, countries that are an ally or key inter-
national partner nation, and international organiza-
tions, as necessary. 
(3) Collaborate with private sector stakeholders 
to identify prioritized, flexible, repeatable, perform-
ance-based, and cost-effective critical supply chain 
resilience approaches that may be voluntarily adopt-
ed by domestic manufacturers, domestic enterprises, 
and other entities manufacturing, procuring, or 
using a critical good to achieve the goals of sub-
section (a). 
(4) Facilitate the design of— 
(A) voluntary processes for selecting sup-
pliers that support the resilience, diversity, se-
curity, and strength of critical supply chains; 
and 
(B) methodologies to identify and mitigate 
the effects of a disruption, strain, compromise, 
or elimination of a critical supply chain. 
(5) Facilitate the identification or application of 
methods and technologies, including blockchain tech-
nology, distributed ledger technologies, and other 
emerging technologies as appropriate, for the au-
thentication and traceability of critical goods. 
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(6) Disseminate research and information to as-
sist domestic manufacturers redesign products, ex-
pand domestic manufacturing capacity, and improve 
other capabilities as required to improve the resil-
ience, diversity, security, and strength of critical 
supply chains. 
(7) Incorporate relevant industry best practices. 
(8) Consider the private sector, including small 
businesses. 
(9) Leverage mechanisms that exist as of the 
date of the enactment of this Act for the Federal 
Government to provide critical supply chain solutions 
(including 
manufacturing 
technology, 
products, 
tools, and workforce development solutions related to 
critical supply chain resilience) to manufacturers, in-
cluding small and medium-sized manufacturers. 
(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to— 
(1) require any private entity to share informa-
tion with the Secretary or Assistant Secretary; 
(2) require any private entity to request assist-
ance from the Secretary or Assistant Secretary; 
(3) require any private entity to implement any 
measure or recommendation suggested by the Sec-
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retary or Assistant Secretary in response to a re-
quest by the private entity; or 
(4) require the adoption of any guideline, best 
practice, management strategy, methodology, proce-
dure, or process described in subsection (a). 
SEC. 5. DEPARTMENT OF COMMERCE CAPABILITY ASSESS-
MENT. 
(a) 
REPORT
REQUIRED.—The 
Secretary 
shall 
produce a report— 
(1) identifying the duties, responsibilities, re-
sources, programs, and expertise within the offices 
and bureaus of the Department of Commerce rel-
evant to critical supply chain resilience and manu-
facturing innovation; 
(2) identifying and assessing the purpose, legal 
authority, effectiveness, efficiency, and limitations of 
each office or bureau identified under paragraph (1); 
and 
(3) providing recommendations to enhance the 
activities related to critical supply chain resilience 
and manufacturing innovation of the Department of 
Commerce, including— 
(A) improving the effectiveness, efficiency, 
and impact of the offices and bureaus identified 
under paragraph (1); 
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(B) coordination across offices and bu-
reaus identified under paragraph (1); and 
(C) consultation with agencies imple-
menting similar activities related to critical sup-
ply chain resilience and manufacturing innova-
tion. 
(b) SUBMISSION OF REPORT.—Not later than 2 years 
after the date of the enactment of this Act, the Secretary 
shall submit to the relevant committees of Congress the 
report required by subsection (a), along with a strategy 
to implement, as appropriate and as determined by the 
Secretary, the recommendations contained in the report. 
SEC. 6. DEFINITIONS. 
In this Act: 
(1) AGENCY.—The term ‘‘agency’’ has the 
meaning given that term in section 551 of title 5, 
United States Code. 
(2) ALLY
OR
KEY
INTERNATIONAL
PARTNER 
NATION.—The term ‘‘ally or key international part-
ner nation’’— 
(A) means a country that is critical to ad-
dressing critical supply chain weaknesses and 
vulnerabilities; and 
(B) does not include— 
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