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 re-
sponse program in the Department of Commerce, and 
to secure American leadership in deploying emerging 
technologies, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Promoting Resilient 
Supply Chains Act of 2023’’. 
SEC. 2. DEFINITIONS. 
(a) DEFINITIONS.—In this section: 
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(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 countries that are critical to ad-
dressing critical supply chain weaknesses and 
vulnerabilities; and 
(B) does not include— 
(i) a country that poses a significant 
national security or economic security risk 
to the United States; or 
(ii) a country that is described in sec-
tion 503(b) of the RANSOMWARE Act 
(Public Law 117–238: 136 Stat. 5564). 
(3) ASSISTANT SECRETARY.—The term ‘‘Assist-
ant Secretary’’ means the Assistant Secretary of 
Commerce assigned by the Secretary to direct the 
office of Industry and Analysis. 
(4) CRITICAL GOOD.—The term ‘‘critical good’’ 
means any raw, in process, or manufactured mate-
rial (including any mineral, metal, or advanced proc-
essed material), article, commodity, supply, product, 
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or item of supply the absence of which would have 
a significant effect on— 
(A) the national security or economic secu-
rity of the United States; and 
(B) either 
(i) critical infrastructure; or 
(ii) emerging technologies 
(5) CRITICAL
INDUSTRY.—The term ‘‘critical 
industry’’ means an industry that is critical for the 
national security or economic security of the United 
States, considering critical goods. 
(6) CRITICAL
INFRASTRUCTURE.—The term 
‘‘critical infrastructure’’ has the meaning given to 
that term in the Critical Infrastructures Protection 
Act of 2001 (42 U.S.C. 5195c). 
(7) CRITICAL SUPPLY CHAIN.—The term ‘‘crit-
ical supply chain’’ means a critical supply chain for 
a critical good. 
(8) CRITICAL SUPPLY CHAIN INFORMATION.— 
The term ‘‘critical supply chain information’’ means 
information that is not customarily in the public do-
main and relating to— 
(A) sustaining and adapting supply chains 
during a supply chain shock; 
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(B) critical supply chain risk mitigation 
and recovery planning with respect to a supply 
chain shock, including any planned or past as-
sessment, projection, or estimate of a vulner-
ability within the critical supply chain, includ-
ing testing, supplier network assessments, pro-
duction flexibility, risk evaluations, risk man-
agement planning, or risk audits; or 
(C) operational best practices, planning, 
and supplier partnerships that enable enhanced 
resilience of critical supply chains during a sup-
ply chain shock, including response, repair, re-
covery, reconstruction, insurance, or continuity. 
(9) DOMESTIC
ENTERPRISE.—The term ‘‘do-
mestic enterprise’’ means an enterprise that con-
ducts business in the United States and procures a 
critical good. 
(10) DOMESTIC
MANUFACTURER.—The term 
‘‘domestic manufacturer’’ means a business that 
conducts in the United States the engineering, or 
production activities necessary for manufacturing. 
(11) 
EMERGING
TECHNOLOGY.—The 
term 
‘‘emerging technology’’ means technologies that are 
critical for the national security and economic secu-
rity of the United States, including— 
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(A) technologies included in the American 
COMPETE Act (Public Law 116–260; 134 
Stat. 3276); and 
(B) the following technologies: 
(i) artificial intelligence; 
(ii) automated vehicles and unmanned 
delivery systems; 
(iii) blockchain and other distributed 
ledger, data storage, data management, 
and cybersecurity technologies; 
(iv) quantum computing and quantum 
sensing; 
(v) additive manufacturing; 
(vi) advanced manufacturing and the 
Internet of Things; 
(vii) nano technology; 
(viii) robotics; 
(ix) microelectronics, optical fiber ray, 
and high performance and advanced com-
puter hardware and software; 
(x) semiconductors; 
(xi) Advanced materials science, in-
cluding composition 2D, other next gen 
materials, and related manufacturing tech-
nologies. 
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(12) INSTITUTION OF HIGHER EDUCATION.— 
The term ‘‘institution of higher education’’ has the 
meaning given that term under section 101(a) of the 
Higher Education Act of 1965 (20 U.S.C. 1001(a)). 
(13) MANUFACTURE.—The term ‘‘manufac-
ture’’ means any activity that is necessary for the 
development, production, processing, distribution, or 
delivery of any raw, in process, or manufactured ma-
terial (including any mineral, metal, and advanced 
processed material), article, commodity, supply, 
product, critical good, or item of supply. 
(14) 
MANUFACTURING
TECHNOLOGY.—The 
term ‘‘manufacturing technology’’ means tech-
nologies that are necessary for the manufacturing of 
a critical good. 
(15) NON-GOVERNMENTAL
ORGANIZATION.— 
The term ‘‘non-governmental organization’’ means 
organizations that are described in section 2155(b) 
of title 19 of U.S. Code, excluding non-federal gov-
ernments. 
(16) PRODUCTION
EQUIPMENT.—The term 
‘‘production equipment’’ means any component, sub-
system, system, equipment, tooling, accessory, part, 
or assembly necessary for the manufacturing of a 
critical good. 
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(17) PROGRAM.—The term ‘‘program’’ means 
the critical supply chain resiliency program estab-
lished pursuant to section 4. 
(18) RELEVANT COMMITTEES OF CONGRESS.— 
The term ‘‘relevant committees of Congress’’ means 
the following: 
(A) The Committee on Commerce, Science, 
and Transportation of the Senate. 
(B) The Committee on Energy and Com-
merce of the House of Representatives. 
(19) RESILIENT CRITICAL SUPPLY CHAIN.—The 
term ‘‘resilient critical supply chain’’ means a crit-
ical supply chain that— 
(A) ensures that the United States can 
sustain critical industry (including critical in-
dustries for emerging technologies), production, 
critical supply chains, services, and access to 
critical goods, production equipment, and man-
ufacturing technology during supply chain 
shocks; and 
(B) has key components of resilience that 
include— 
(i) effective private sector risk man-
agement and mitigation planning to sus-
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tain critical supply chains and supplier 
networks during a supply chain shock; 
(ii) minimized or managed exposure to 
supply chain shocks; and 
(20) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Commerce. 
(21) STATE.—The term ‘‘State’’ means each of 
the several States, the District of Columbia, each 
commonwealth, territory, or possession of the United 
States, and each federally recognized Indian Tribe. 
(22) SUPPLY CHAIN SHOCK.—The term ‘‘supply 
chain shock’’ includes the following: 
(A) A natural disaster. 
(B) A pandemic. 
(C) A biological threat. 
(D) A cyber attack. 
(E) A great power conflict. 
(F) A terrorist or geopolitical attack. 
(G) An event for which the President de-
clares a major disaster or an emergency under 
section 401 or 501, respectively, of the Robert 
T. Stafford Disaster Relief and Emergency As-
sistance Act (42 U.S.C. 5170 and 5191). 
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(H) Any other critical supply chain disrup-
tion or threat that affects the national security 
or economic security of the United States. 
SEC. 3. RESPONSIBILITIES ASSIGNED TO ASSISTANT SEC-
RETARY. 
(a) ADDITIONAL RESPONSIBILITIES.—The Assistant 
Secretary shall have the following additional responsibil-
ities: 
(1) Promote the leadership of the United States 
with respect to critical industries, critical supply 
chains, and emerging technologies that— 
(A) Strengthen the national security of the 
United States; and 
(B) Have a significant effect on the eco-
nomic security of the United States. 
(2) Encourage consultation with other Federal 
agencies, and partnerships with non-governmental 
organizations, industry, institutions of higher edu-
cation, and State and local governments in order 
to— 
(A) promote resilient critical supply chains; 
and 
(B) identify, prepare for, and respond to 
supply chain shocks to— 
(i) critical industry; 
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(ii) critical supply chains; and 
(iii) emerging technologies. 
(3) encourage the growth and competitiveness 
of United States productive capacities and manufac-
turing in the United States of emerging tech-
nologies. 
(4) Monitor the resilience, diversity, security, 
and strength of critical supply chains, critical indus-
tries and emerging technologies. 
(5) Support the availability of critical goods 
from domestic manufacturers, domestic enterprises, 
and manufacturing operations in the United States 
and in countries that are allies or key international 
partner nations. 
(6) Assist the Federal Government in preparing 
for and responding to critical supply chain shocks, 
including by improving the flexible manufacturing 
capacities and capabilities in the United States. 
(7) Consistent with United States obligations 
under international agreements, encourage and 
incentivize the reduced reliance of domestic entities 
and domestic manufacturers on critical goods from 
countries of concern. 
(8) Encourage the relocation of manufacturing 
facilities that manufacture critical goods from coun-
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tries of concern to the United States and countries 
that are allies and key international partner nations 
to strengthen the resilience, diversity, security, and 
strength of critical supply chains. 
(9) Support the creation of jobs with competi-
tive wages in the United States manufacturing sec-
tor. 
(10) Encourage manufacturing growth and op-
portunities in rural and underserved communities. 
(11) Promote the health of the economy of the 
United States and the competitiveness of manufac-
turing in the United States. 
(b) EXPERTISE AND STAFFING.—In executing the re-
sponsibilities under subsection (a), the Assistant Sec-
retary— 
(1) shall establish capabilities to— 
(A) assess the state of technology, innova-
tion, and production capacity in the United 
States and other nations; and 
(B) conduct other activities deemed to be 
critical for the use of analytic capabilities, sta-
tistics, datasets, and metrics related to critical 
technologies and innovation; and 
(2) may utilize external organizations to provide 
independent and objective technical support. 
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SEC. 4. CRITICAL SUPPLY CHAIN RESILIENCY AND CRISIS 
RESPONSE PROGRAM. 
(a) ESTABLISHMENT.—Not later than 180 days after 
the date of enactment of this Act, the Assistant Secretary 
shall establish in the Department of Commerce a supply 
chain resiliency program to carry out the activities de-
scribed in subsection (b). 
(b) ACTIVITIES.—Under the program, the Assistant 
Secretary shall carry out activities— 
(1) in coordination with the coordination group 
established under subsection (c), to— 
(A) map, monitor, and model critical sup-
ply chains, including emerging technology sup-
ply chains, which may include— 
(i) modeling the impact of supply 
chain shocks on critical industries (includ-
ing critical industries for emerging tech-
nologies), critical supply chains, domestic 
enterprises, and domestic manufacturers; 
(ii) monitoring the demand for and 
supply of critical goods and services, pro-
duction equipment, and manufacturing 
technology 
needed 
for 
critical 
supply 
chains, including critical goods and serv-
ices, production equipment, and manufac-
turing technology obtained or purchased 
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from a person outside of the United States 
or imported into the United States; and 
(iii) 
monitoring 
manufacturing, 
warehousing, transportation, and distribu-
tion related to critical supply chains; and 
(B) identify high priority critical supply 
chain gaps and vulnerabilities, which may in-
clude single points of failure in critical supply 
chains, critical industries, and emerging tech-
nologies that— 
(i) exist as of the date of the enact-
ment of this section; or 
(ii) are anticipated in the future; 
(C) identify potential supply chain shocks 
that may disrupt, strain, compromise, or elimi-
nate a critical supply chain, including emerging 
technology supply chains; 
(D) evaluate the capability and capacity of 
domestic manufacturers or manufacturers lo-
cated in countries that are allies or key inter-
national partner nations to serve as sources for 
critical goods, production equipment, or manu-
facturing technology needed in critical supply 
chains, including emerging technology supply 
chains; 
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(E) evaluate the effect on the national se-
curity and economic competitiveness of the 
United States, including on consumer prices, 
job losses, and wages, that may result from the 
disruption, strain, compromise, or elimination 
of a critical supply chain; 
(F) evaluate the state of the manufac-
turing workforce, including by— 
(i) identifying the needs of domestic 
manufacturers; and 
(ii) identifying opportunities to create 
high-quality manufacturing jobs; and 
(G) identify investments in critical goods, 
production equipment, and manufacturing tech-
nology from non-Federal sources. 
(2) in coordination with the State and local gov-
ernments, and the coordination group established 
under subsection (c), and, as appropriate, in co-
operation with the governments of countries that are 
allies or key international partner nations of the 
United States, to— 
(A) identify opportunities to reduce critical 
supply chain gaps and vulnerabilities in critical 
supply chains, critical industries, and emerging 
technologies; 
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(B) encourage consultation between the 
Federal Government, and partnerships between 
industry, non-governmental organizations, insti-
tutions of higher education, and State and local 
governments to— 
(i) better respond to supply chain 
shocks to critical supply chains, critical in-
dustries, and emerging technologies; and 
(ii) coordinate response efforts; 
(C) encourage consultation between the 
Federal Government and the governments of 
countries that are allies or key international 
partner nations of the United States; 
(D) develop or identify opportunities to 
build the capacity of the United States in crit-
ical supply chains, critical industries, and 
emerging technologies; 
(E) develop or identify opportunities to 
build the capacity of countries that are allies or 
key international partner nations of the United 
States in critical industries (including critical 
industries for emerging technologies), and crit-
ical supply chains; 
(F) develop contingency plans and coordi-
nation mechanisms to improve critical supply 
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chain, critical industry, and emerging tech-
nology supply chain response to supply chain 
shocks; and 
(G) support methods and technologies, in-
cluding blockchain technology, distributed ledg-
er technology, and other emerging technologies 
as appropriate, for the authentication and 
traceability of critical goods; 
(3) acting within the existing authorities of the 
Department of Commerce, and in consultation with 
the Secretary of State and the United States Trade 
Representative, consult with governments of coun-
tries that are allies or key international partner na-
tions of the United States to promote diversified and 
resilient critical supply chains that ensure the supply 
of critical goods, production equipment, and manu-
facturing technology to the United States and com-
panies of countries that are allies or key inter-
national partner nations of the United States; 
(4) consult with other offices and divisions of 
the Department of Commerce and other Federal 
agencies to leverage existing authorities, as of the 
date of the enactment of this Act, to encourage the 
resilience of supply chains of critical industries and 
emerging technologies; and 
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(5) to determine what emerging technologies 
may assist in accomplishing the activities described 
in this subsection and promote emerging tech-
nologies. 
(c) COORDINATION GROUP.—In carrying out the ap-
plicable activities under subsection (a), the Assistant Sec-
retary shall— 
(1) establish a unified coordination group led by 
the Assistant Secretary, which shall include, as ap-
propriate, private sector partners, and non-govern-
mental organizations, to serve as a body for con-
sultation among agencies described under subsection 
(g) to plan for and respond to supply chain shocks 
and support the resilience, diversity, security, and 
strength of critical supply chains; 
(2) establish subgroups of the unified coordina-
tion group if established under paragraph (1), led by 
the head of an appropriate agency; and 
(3) through the unified coordination group es-
tablished under paragraph (1)— 
(A) acquire on a voluntary basis technical, 
engineering, and operational critical supply 
chain information from the private sector, in a 
manner that ensures any critical supply chain 
information provided by the private sector is 
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kept confidential and is exempt from disclosure 
under section 552(b)(3) of title 5, United 
States Code (commonly known as the ‘‘Freedom 
of Information Act’’); 
(B) study the critical supply chain infor-
mation acquired under subparagraph (A) to as-
sess critical supply chain, including emerging 
technology supply chain resilience, and inform 
planning; 
(C) convene with relevant private sector 
entities to share best practices, planning, and 
capabilities to respond to potential supply chain 
shocks; 
(D) develop contingency plans and coordi-
nation mechanisms to ensure an effective and 
coordinated response to potential supply chain 
shocks; and 
(E) factor in any relevant findings from 
the studies required in the American COM-
PETE Act (Public Law 116–260; 134 Stat. 
3276). 
(4) INTERNATIONAL COOPERATION.—The Sec-
retary, in consultation with other relevant Federal 
agencies, may consult with governments of countries 
that are allies or key international partner nations 
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of the United States relating to enhancing the secu-
rity and resilience of critical supply chains in re-
sponse to supply chain shocks. 
(d) DESIGNATIONS.—The Assistant Secretary shall— 
(1) not later than 270 days after the date of 
the enactment of this Act, designate— 
(A) critical industries; 
(B) critical supply chains; and 
(C) critical goods; 
(2) provide for a period of public comment and 
review in carrying out paragraph (1); and 
(3) update the designations made under para-
graph (1) not less frequently than once every four 
years, including designations for technologies not 
provided in the initial list described in section 
2(a)(11)(B) that the Assistant Secretary deems nec-
essary. 
(e) NATIONAL STRATEGY AND REVIEW ON CRITICAL 
SUPPLY CHAIN RESILIENCY
AND MANUFACTURING
IN 
THE UNITED STATES.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of the enactment of this section, and not 
less than once every 2 years thereafter, the Assistant 
Secretary, in consultation with the head of each rel-
evant agency, non-governmental organization, indus-
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try, institutions of higher education, and State and 
local governments, shall submit to the relevant com-
mittees of Congress and post on the website of the 
Assistant Secretary a report that— 
(A) identifies— 
(i) critical infrastructure that may as-
sist in fulfilling the responsibilities de-
scribed in section 3; 
(ii) emerging technologies that may 
assist in fulfilling the responsibilities de-
scribed in section 3 and the program de-
scribed in subsection (a), and such tech-
nologies that may be critical to addressing 
critical supply chain preparedness, weak-
nesses, and vulnerabilities; 
(iii) critical industries, critical supply 
chains, and critical goods designated under 
section 4(d); 
(iv) other goods, supplies, and services 
that are critical to the crisis preparedness 
of the United States; 
(v) substitutes for critical goods, pro-
duction equipment, and manufacturing 
technology; 
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(vi) methods and technologies, includ-
ing blockchain technology, distributed ledg-
er technology, and other emerging tech-
nologies as appropriate, for the authentica-
tion and traceability of critical goods; and 
(vii) countries that are critical to ad-
dressing critical supply chain weaknesses 
and vulnerabilities; 
(B) describes the matters identified and 
evaluated pursuant to section 4(b)(1), includ-
ing— 
(i) the manufacturing base and crit-
ical supply chains and emerging tech-
nologies in the United States, including the 
manufacturing base and critical supply 
chains for— 
(I) essential materials; 
(II) production equipment; 
(III) critical goods, including raw 
materials, microelectronics and semi-
conductors, and rare earth permanent 
magnets, that are essential to the pro-
duction of technologies and supplies 
for 
critical 
industries, 
including 
emerging technologies; and 
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(IV) manufacturing technology; 
(ii) the ability of the United States 
to— 
(I) maintain readiness with re-
spect to preparing for and responding 
to supply chain shocks; and 
(II) in response to a supply chain 
shock— 
(aa) surge production in 
critical industries; 
(bb) surge production of 
critical goods and production 
equipment; and 
(cc) maintain access to crit-
ical goods, production equipment, 
and manufacturing technology; 
(C) an assessment and description of— 
(i) demand and supply of critical 
goods, production equipment, and manu-
facturing technology; 
(ii) production of critical goods, pro-
duction equipment, and manufacturing 
technology by domestic manufacturers; 
(iii) the capability and capacity of do-
mestic manufacturers and manufacturers 
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in countries that are allies or key inter-
national partner nations of the United 
States to manufacture critical goods, pro-
duction equipment, and manufacturing 
technology; and 
(iv) how supply chain shocks could af-
fect rural, Tribal, and underserved commu-
nities; 
(D) identifies threats and supply chain 
shocks that may disrupt, strain, compromise, or 
eliminate critical supply chains, critical goods, 
and critical industries, including emerging tech-
nologies; 
(E) with regard to any threat identified in 
subparagraph (D), lists any threat or supply 
chain shock that may originate from a country, 
company, or individual from such country 
that— 
(i) is described in section 503(b) of 
the RANSOMWARE Act (Public Law 
117-238: 136 Stat. 5564); or 
(ii) poses a significant national secu-
rity or economic security threat to the 
United States; 
(F) assesses— 
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(i) the resilience and capacity of the 
manufacturing base, critical supply chains, 
and workforce of the United States and al-
lies and key international partner nations 
that can sustain critical industries, includ-
ing emerging technologies, through a sup-
ply chain shock; 
(ii) the effect innovation has on do-
mestic manufacturing; and 
(iii) any single points of failure in the 
critical supply chains described in clause 
(i); 
(G) with respect to countries that are allies 
or key international partner nations of the 
United States, review the sourcing of critical 
goods, production equipment, and manufac-
turing technology associated with critical indus-
tries from those countries; 
(H) assesses the flexible manufacturing ca-
pacity and capability available in the United 
States in the case of a supply chain shock; 
(I) develop a strategy for the Department 
of Commerce to support the resilience, diver-
sity, security, and strength of critical supply 
chains and emerging technologies to: 
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(i) Support sufficient access to critical 
goods by mitigating critical supply chain 
vulnerabilities, including critical supply 
chains concentrated in countries of con-
cern. 
(ii) Collaborate with other relevant 
Federal agencies to assist allies or key 
international partner nations build capac-
ity for manufacturing critical goods. 
(iii) 
Recover 
from 
supply 
chain 
shocks. 
(iv) Identify, in consultation with 
other relevant Federal agencies, actions re-
lating to critical supply chains with which 
the United States might— 
(I) raise living standards; 
(II) increase employment oppor-
tunities; and 
(III) improve response to supply 
chain shocks. 
(v) Protect against supply chain 
shocks from countries of concern relating 
to critical supply chains. 
(vi) 
Support 
methods 
and 
tech-
nologies, including blockchain technology, 
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distributed ledger technologies, and other 
emerging technologies as appropriate, for 
the authentication and traceability of crit-
ical goods. 
(vii) Make specific recommendations 
to effectuate the strategy under this sec-
tion and improve the security and resil-
iency of manufacturing capacity and sup-
ply chains for critical industries, including 
emerging technologies, by— 
(I) developing long-term strate-
gies; 
(II) increasing visibility into the 
networks and capabilities of suppliers 
and domestic manufacturers; 
(III) identifying industry best 
practices; 
(IV) evaluating how diverse sup-
plier networks, multi-platform and 
multi-region production capabilities 
and sources, and integrated global 
and regional critical supply chains can 
enhance the resilience of— 
(aa) critical industries in the 
United States; 
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(bb) emerging technologies 
in the United States; 
(cc) jobs in the United 
States; 
(dd) manufacturing capabili-
ties of the United States; and 
(ee) the access of the United 
States to critical goods during a 
supply chain shock; 
(V) identifying and mitigating 
risks, including— 
(aa) 
significant 
vulnerabilities to supply chain 
shocks; and 
(bb) exposure to gaps and 
vulnerabilities in domestic capac-
ity or capabilities and sources of 
imports needed to sustain critical 
industries (including critical in-
dustries 
for 
emerging 
tech-
nologies), 
or 
critical 
supply 
chains; 
(VI) identifying enterprise re-
source planning systems that are— 
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(aa) compatible across crit-
ical supply chain tiers; and 
(bb) affordable for all sizes 
of business and for startups; 
(VII) understanding the total 
cost of ownership, total value con-
tribution, and other best practices 
that encourage strategic partnerships 
throughout critical supply chains; 
(VIII) 
understanding 
Federal 
procurement opportunities to increase 
resiliency of critical supply chains for 
goods and services and fill gaps in do-
mestic purchasing; 
(IX) identifying opportunities to 
consult with allies or key international 
partner nations of the United States 
to build more resilient critical supply 
chains and mitigate risks; 
(X) identifying opportunities to 
reuse and recycle critical goods, in-
cluding raw materials, to increase the 
resilience of critical supply chains; 
(XI) consulting with countries 
on— 
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(aa) sourcing critical goods, 
production equipment, and man-
ufacturing technology; and 
(bb) developing, sustaining, 
and expanding production and 
availability of critical goods, pro-
duction equipment, and manufac-
turing technology during a supply 
chain shock; 
(XII) identifying such other serv-
ices as the Assistant Secretary deter-
mines necessary; 
(XIII) provides guidance to the 
Department of Commerce and other 
relevant agencies with respect to tech-
nologies and supplies that should be 
prioritized to ensure United States 
leadership in the deployment of such 
technologies. 
(2) PROHIBITION.—The report submitted under 
paragraph (1) may not include— 
(A) critical supply chain information that 
is not aggregated; 
(B) confidential business information of a 
private sector entity; or 
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(C) classified information. 
(3) CONSULTATION.—Not later than 1 year 
after the date of enactment of this Act, the Assist-
ant Secretary shall enter into agreements with the 
head of any relevant Federal agency to obtain any 
information, data, or assistance that the Assistant 
Secretary determines to be necessary for developing 
the report. 
(4) FORM.—The report, and any update sub-
mitted thereafter, shall be submitted to the Com-
mittee on Energy and Commerce of the House of 
Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate in unclas-
sified form and may include a classified annex. 
(5) PUBLIC
COMMENT.—The Assistant Sec-
retary shall provide for a period of public comment 
and review in developing the report. 
(6) With regard to any threat identified in sub-
paragraph (C), lists any threat that may originate 
from a country, company, or individual from such 
country that— 
(A) is described in section 503(b) of the 
RANSOMWARE Act (Public Law 117–238: 
136 Stat. 5564); or 
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(B) poses a significant national security or 
economic security threat to the United States. 
(f) REPORT TO CONGRESS.—Concurrent with the an-
nual submission by the President of the budget under sec-
tion 1105 of title 31, United States Code, the Secretary 
shall submit to the Committee on Energy and Commerce 
of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate and 
post on the website of the Assistant Secretary a report 
that contains a summary of every activity carried out 
under this Act during the year covered by the report. Such 
report shall be submitted in unclassified form and may 
include a classified annex. 
(g) CONSULTATION.—In implementing the program, 
the Assistant Secretary may, as appropriate, consult with 
the heads of relevant Federal agencies. 
(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. 
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(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 entity) that is voluntarily submitted by a 
private entity under this section to the Depart-
ment of Commerce for use by the Department 
for purposes of this section, when accompanied 
by an express statement specified in subpara-
graph (B)— 
(i) shall be exempt from disclosure 
under section 552(b)(3) of title 5, United 
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 entity submitting such informa-
tion, be used directly by the Department of 
Commerce, any other Federal, State, or 
local authority, or any third party, in any 
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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 entity submitting such informa-
tion, be used or disclosed by any officer or 
employee of the United States for purposes 
other than the purposes of this section, ex-
cept— 
(I) in furtherance of an investiga-
tion or the prosecution of a criminal 
act; or 
(II) when disclosure of the infor-
mation would be— 
(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 
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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 
entity submitting such information; or 
(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— 
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(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 
lllllll 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 
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-
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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 
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 by a private entity 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 established under this sec-
tion shall terminate no later than 7 years after the date 
of enactment of this Act. 
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SEC. 5. CRITICAL SUPPLY CHAIN INNOVATION AND BEST 
PRACTICES. 
(a) IN GENERAL.—Subject to the availability of ap-
propriations, the Assistant Secretary shall, on an ongoing 
basis, facilitate and support the development and dissemi-
nation of guidelines, best practices, management strate-
gies, methodologies, procedures, and processes for domes-
tic manufacturers and entities manufacturing, purchasing, 
or using a critical good to— 
(1) measure the resilience, diversity, security, 
and strength of the critical supply chains of such 
manufacturers and entities; 
(2) quantify the value of improved resilience, di-
versity, security, and strength of critical supply 
chains to such manufacturers and entities; 
(3) design and implement measures to reduce 
the risks of disruption, strain, compromise, or elimi-
nation of critical supply chains of such manufactur-
ers 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: 
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(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 head of any relevant Fed-
eral agency, including those with jurisdiction over 
critical supply chains, States, local governments, 
Tribal governments, allied and key international 
partner nations, and international organizations, 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 and entities pur-
chasing or using a critical good to achieve the goals 
of subsection (a). 
(4) Facilitate the design of— 
(A) voluntary processes for selecting sup-
pliers that support the resilience, diversity, se-
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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. 
(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 private sector, including small 
business concerns. 
(9) Leverage existing mechanisms for the Fed-
eral Government to provide critical supply chain so-
lutions, including manufacturing technology, to in-
clude providing products, tools, and workforce devel-
opment solutions related to critical supply chain re-
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