I 
118TH CONGRESS 
1ST SESSION 
H. R. 763 
To establish an Office of Manufacturing Security and Resilience in the De-
partment of Commerce, to provide for a Department of Commerce assess-
ment and strategy to counter threats to critical supply chains, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 2, 2023 
Ms. BLUNT ROCHESTER (for herself, Mrs. DINGELL, Ms. KELLY of Illinois, 
and Ms. WILD) introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To establish an Office of Manufacturing Security and Resil-
ience in the Department of Commerce, to provide for 
a Department of Commerce assessment and strategy to 
counter threats to critical supply chains, 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; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Supply Chain Health And Integrity for the Nation’s Suc-
cess Act’’ or the ‘‘Supply CHAINS Act’’. 
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(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Office of Manufacturing Security and Resilience. 
Sec. 3. Department of Commerce assessment and strategy to counter threats 
to critical supply chains. 
Sec. 4. Critical supply chain monitoring program. 
Sec. 5. Manufacturing security and resilience program. 
Sec. 6. Critical supply chain innovation and best practices. 
Sec. 7. Program evaluation by the Inspector General of the Department of 
Commerce. 
Sec. 8. Agriculture and food system critical supply chain monitoring and as-
sessment. 
Sec. 9. Department of Commerce capability assessment. 
Sec. 10. Definitions. 
SEC. 2. OFFICE OF MANUFACTURING SECURITY AND RESIL-
IENCE. 
(a) ESTABLISHMENT.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary shall 
establish or designate an Office of Manufacturing Security 
and Resilience. 
(b) MISSION.—The mission of the Office shall be the 
following: 
(1) Help to promote the leadership of the 
United States with respect to critical industries and 
critical supply chains 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 partnerships and collaboration 
with the private sector, labor organizations, the gov-
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ernments of countries that are allies or key inter-
national partner nations of the United States, States 
or political subdivisions thereof, and Tribal govern-
ments in order to— 
(A) promote the resilience of critical supply 
chains; and 
(B) identify, prepare for, and respond to 
supply chain shocks to— 
(i) critical industries; and 
(ii) critical supply chains. 
(3) Monitor the resilience, diversity, security, 
and strength of critical supply chains and critical in-
dustries. 
(4) 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. 
(5) 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. 
(6) Consistent with United States obligations 
under international agreements, encourage and 
incentivize the reduced reliance of domestic entities 
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and domestic manufacturers on critical goods from 
countries of concern. 
(7) Encourage the relocation of manufacturing 
facilities that manufacture critical goods from coun-
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. 
(8) Support the creation of jobs with competi-
tive wages in the United States manufacturing sec-
tor. 
(9) Encourage manufacturing growth and op-
portunities in economically distressed areas and un-
derserved communities. 
(10) Promote the health of the economy of the 
United States and the competitiveness of manufac-
turing in the United States. 
(c) ASSISTANT SECRETARY OF THE OFFICE.— 
(1) APPOINTMENT
AND
TERM.—The head of 
the Office shall be the Assistant Secretary of Manu-
facturing Security and Resilience, appointed by the 
President, by and with the advice and consent of the 
Senate. 
(2) PAY.—The Assistant Secretary shall be 
compensated at the rate in effect for level IV of the 
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Executive Schedule under section 5315 of title 5, 
United States Code. 
(3) ADMINISTRATIVE
AUTHORITIES.—The As-
sistant Secretary may appoint officers and employ-
ees in accordance with chapter 51 and subchapter 
III of chapter 53 of title 5, United States Code. 
(4) USE
OF
EXISTING
DEPARTMENT
PER-
SONNEL AND RESOURCES.—The Assistant Secretary 
shall, to the extent practicable, utilize existing per-
sonnel, resources, and expertise of the Department 
of Commerce. 
(d) EXPERTISE AND STAFFING.—In executing the 
mission under subsection (b), the Assistant Secretary— 
(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; 
(2) may utilize external organizations, such as 
federally funded research and development centers 
and institutions of higher education, to provide inde-
pendent and objective technical support; and 
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(3) shall evaluate and implement, when avail-
able and as appropriate, recommendations from the 
Department of Commerce capability assessment pro-
duced under section 9. 
SEC. 3. DEPARTMENT OF COMMERCE ASSESSMENT AND 
STRATEGY TO COUNTER THREATS TO CRIT-
ICAL SUPPLY CHAINS. 
(a) IN GENERAL.—In accordance with Executive 
Order No. 14017 (86 Fed. Reg. 11849; relating to Amer-
ica’s supply chains), the Assistant Secretary shall, not 
later than 1 year after the date of the enactment of this 
Act, develop a strategy for the Department of Commerce 
to support the resilience, diversity, security, and strength 
of critical supply chains. 
(b) STRATEGY.—The strategy required under sub-
section (a) shall include a plan to do the following: 
(1) Support sufficient access to critical goods 
by mitigating critical supply chain vulnerabilities, in-
cluding critical supply chains concentrated in coun-
tries of concern. 
(2) Collaborate with other relevant Federal 
agencies to assist allies or key international partner 
nations build capacity for manufacturing critical 
goods. 
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(3) Initiate and support translation research in 
engineering and manufacturing by entering into con-
tracts or making other arrangements (including 
grants, awards, cooperative agreements, loans, and 
other forms of assistance) to advance that research 
and to assess the impact of that research on the eco-
nomic 
well-being, 
climate, 
environment, 
public 
health, and national security of the United States. 
(4) Recover from supply chain shocks. 
(5) Identify, in coordination with other relevant 
Federal agencies, actions relating to critical supply 
chains with which the United States might— 
(A) raise living standards; 
(B) increase employment opportunities; 
and 
(C) improve response to supply chain 
shocks. 
(6) Protect against supply chain shocks from 
countries of concern relating to critical supply 
chains. 
(7) Provide recommendations to effectuate the 
strategy under this section, including recommenda-
tions to— 
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(A) increase visibility into the networks 
and capabilities of suppliers and domestic man-
ufacturers; 
(B) identify industry best practices; 
(C) evaluate how diverse supplier networks, 
multi-platform and multi-region production ca-
pabilities and sources, and integrated global 
and regional critical supply chains can— 
(i) enhance the resilience of critical in-
dustries and manufacturing capabilities in 
the United States; 
(ii) support and create jobs in the 
United States; and 
(iii) support access of the United 
States to critical goods during a supply 
chain shock; 
(D) identify and mitigate risks, includ-
ing— 
(i) the financial and operational risks 
of a critical supply chain; 
(ii) significant vulnerabilities to crit-
ical supply chain shocks including extreme 
weather events, cyberattacks, pandemic 
and biological threats, terrorist and geo-
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political attacks, and other emergencies; 
and 
(iii) 
exposure 
to 
gaps 
and 
vulnerabilities in domestic capacity or ca-
pabilities and sources of imports needed to 
sustain critical industries and critical sup-
ply chains; 
(E) identify enterprise resource planning 
systems that are— 
(i) compatible across critical supply 
chain tiers; and 
(ii) affordable for small and medium- 
sized businesses; 
(F) understand the total cost of ownership, 
total value contribution, and other best prac-
tices that encourage strategic partnerships 
throughout critical supply chains; 
(G) identify opportunities to work with al-
lies or key international partner nations of the 
United States to build more resilient critical in-
dustry supply chains and mitigate risks; 
(H) identify opportunities to reuse and re-
cycle critical goods, including raw materials, to 
increase the resilience of critical supply chains; 
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(I) strengthen the financial and oper-
ational health of small and medium-sized busi-
nesses in critical supply chains of the United 
States and countries that are allies or key inter-
national partner nations of the United States to 
mitigate risks and ensure diverse and competi-
tive supplier markets that are less vulnerable to 
failure; 
(J) coordinate with countries on— 
(i) sourcing critical goods, industrial 
equipment, and manufacturing technology; 
and 
(ii) developing, sustaining, and ex-
panding production and availability of crit-
ical goods, industrial equipment, and man-
ufacturing technology during a supply 
chain shock; and 
(K) identify such other services as the As-
sistant Secretary determines necessary. 
(c) SUBMISSION OF STRATEGY.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Assistant Sec-
retary shall submit to the Committee on Energy and 
Commerce of the House of Representatives and the 
Committee on Commerce, Science, and Transpor-
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tation of the Senate, and publish on the website of 
the Department of Commerce, a report containing 
the strategy developed under subsection (a). 
(2) UPDATE.—Not less than once every 4 years 
after the date on which the strategy is submitted 
under paragraph (1), the Assistant Secretary shall 
submit to Congress and publish on the website of 
the Department of Commerce an update to such 
strategy. 
(3) FORM.—The report submitted under para-
graph (1), and any update submitted under para-
graph (2), shall be submitted in unclassified form 
and may include a classified annex. 
(d) ASSESSMENT.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, and not later than 
once every four years thereafter, the Assistant Sec-
retary, in coordination with the head of each rel-
evant Federal agency and relevant private sector en-
tities, labor organizations, States and political sub-
divisions thereof, and territorial and Tribal govern-
ments, shall submit to the relevant committees of 
Congress and post on the website of the Assistant 
Secretary a report on critical supply chain resilience 
and domestic manufacturing (in this subsection re-
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ferred to as the ‘‘report’’) to strengthen, improve, 
and preserve the resilience, diversity, security, and 
strength of critical supply chains. 
(2) CONTENTS OF ASSESSMENT.—The assess-
ment shall include the following: 
(A) An identification of— 
(i) industries that are critical for the 
national security of the United States, con-
sidering the key technology focus areas 
and critical infrastructure; 
(ii) supply chains and critical goods 
designated under section 4(d); 
(iii) other goods, supplies, and serv-
ices that are critical to the crisis prepared-
ness of the United States; 
(iv) substitutes for critical goods, in-
dustrial equipment, and manufacturing 
technology; and 
(v) countries that are critical to ad-
dressing critical supply chain weaknesses 
and vulnerabilities. 
(B) A description of the matters identified 
and evaluated pursuant to section 4(b)(1), in-
cluding— 
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(i) the manufacturing base and crit-
ical supply chains in the United States, in-
cluding the manufacturing base and crit-
ical supply chains for— 
(I) industrial equipment; 
(II) critical goods, including raw 
materials, semiconductors, and rare 
earth permanent magnets, that are es-
sential to the production of tech-
nologies and supplies for critical in-
dustries; and 
(III) manufacturing technology; 
and 
(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 
industrial 
equipment; and 
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(cc) maintain access to crit-
ical goods, industrial equipment, 
and manufacturing technology. 
(C) An assessment and description of— 
(i) demand and supply of critical 
goods, industrial equipment, and manufac-
turing technology; 
(ii) production of critical goods, indus-
trial equipment, and manufacturing tech-
nology by domestic manufacturers; 
(iii) the capability and capacity of do-
mestic manufacturers and manufacturers 
in countries that are allies or key inter-
national partner nations of the United 
States to manufacture critical goods, in-
dustrial equipment, and manufacturing 
technology; and 
(iv) how supply chain shocks could af-
fect rural, Tribal, and underserved commu-
nities. 
(D) An identification of defense, intel-
ligence, homeland, economic, domestic labor 
supply, natural, geopolitical, or other contin-
gencies and other supply chain shocks that may 
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disrupt, strain, compromise, or eliminate critical 
supply chains. 
(E) An assessment of— 
(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 through 
a supply chain shock; 
(ii) the flexible manufacturing capac-
ity and capabilities available in the United 
States in the case of a supply chain shock; 
(iii) the effect innovation has on do-
mestic manufacturing; and 
(iv) any single points of failure in the 
critical supply chains described in clause 
(i). 
(F) With respect to countries that are al-
lies or key international partner nations of the 
United States, a review of the sourcing of crit-
ical goods, industrial equipment, and manufac-
turing technology associated with critical indus-
tries from those countries. 
(G) An assessment of policies, rules, and 
regulations that impact the operating costs of 
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domestic manufacturers and inhibit the ability 
for domestic manufacturers to compete with 
global competitors. 
(3) PROHIBITION.—The report may not in-
clude— 
(A) critical supply chain information that 
is not aggregated; or 
(B) confidential business information of a 
private sector entity. 
(4) COLLABORATION.—The head of any Fed-
eral agency with jurisdiction over any critical supply 
chain shall collaborate with the Assistant Secretary 
and provide any information, data, or assistance 
that the Assistant Secretary determines to be nec-
essary for developing the report. Such assistance 
may include the use of services, equipment, per-
sonnel, and facilities of other Federal agencies with 
or without reimbursement upon agreement between 
the Secretary and the head of such other Federal 
agency. 
(5) FORM.—The report, and any update sub-
mitted thereafter, shall be submitted in unclassified 
form and may include a classified annex. 
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(6) PUBLIC
COMMENT.—The Assistant Sec-
retary shall provide for a period of public comment 
and review in developing the report. 
SEC. 4. CRITICAL SUPPLY CHAIN MONITORING PROGRAM. 
(a) ESTABLISHMENT.—The Assistant Secretary shall 
establish in the Department of Commerce a supply chain 
resiliency and crisis program to carry out the following 
activities described in subsection (b). 
(b) ACTIVITIES.—Under the program, the Assistant 
Secretary, shall carry out the following activities: 
(1) In coordination with the private sector and 
consultation with the coordination group established 
under subsection (c)— 
(A) map, monitor, and model the diversity, 
security, reliability, and strength of critical sup-
ply chains, which may include— 
(i) understanding the financial and 
operational conditions of domestic manu-
facturers and domestic enterprises involved 
in critical supply chains; 
(ii) modeling the impact of supply 
chain shocks on critical industries, critical 
supply chains, domestic enterprises, and 
domestic manufacturers; 
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(iii) monitoring the demand for and 
supply of critical goods and services, indus-
trial equipment, and manufacturing tech-
nology needed for critical supply chains, in-
cluding critical goods and services, indus-
trial equipment, and manufacturing tech-
nology obtained or purchased from a per-
son outside of the United States or im-
ported into the United States; and 
(iv) 
monitoring 
manufacturing, 
warehousing, transportation, and distribu-
tion related to critical supply chains; 
(B) identify high priority critical supply 
chain gaps and vulnerabilities, which may in-
clude single points of failure, single producers, 
and consolidated manufacturing, in critical in-
dustries and critical supply chains 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; 
(D) evaluate the capability and capacity of 
domestic manufacturers or manufacturers lo-
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cated in countries that are allies or key inter-
national partner nations to serve as sources for 
critical goods, industrial equipment, or manu-
facturing technology needed in critical supply 
chains; 
(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, 
industrial equipment, and manufacturing tech-
nology from non-Federal sources. 
(2) In coordination with the private sector, 
States or political subdivisions thereof, and Tribal 
governments, in consultation with the coordination 
group established under subsection (c), and, as ap-
propriate, in cooperation with the governments of 
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countries that are allies or key international partner 
nations of the United States, the following: 
(A) Identify opportunities to reduce critical 
supply chain gaps and vulnerabilities in critical 
industries and critical supply chains. 
(B) Encourage partnerships between the 
Federal Government and industry, labor organi-
zations, States and political subdivisions there-
of, territorial and Tribal governments, to better 
respond to supply chain shocks to critical indus-
tries and critical supply chains and coordinate 
response efforts. 
(C) Encourage partnerships 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 industries and critical supply chains. 
(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 and critical supply 
chains. 
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(F) Develop coordination mechanisms to 
improve critical supply chain response to supply 
chain shocks. 
(3) Acting within existing authorities of the De-
partment of Commerce and in coordination with the 
Secretary of State and the United States Trade 
Representative, work with governments of countries 
that are allies or key international partner nations 
of the United States to promote diversified and resil-
ient critical supply chains that ensure the supply of 
critical goods, industrial equipment, and manufac-
turing technology to the United States and compa-
nies of countries that are allies or key international 
partner nations of the United States. 
(4) Coordinate 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. 
(c) COORDINATION GROUP.— 
(1) IN GENERAL.—In carrying out the applica-
ble activities under subsection (a), the Assistant Sec-
retary shall establish a unified coordination group 
led by the Assistant Secretary which may include, as 
appropriate, private sector partners, labor organiza-
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tions, and federally funded research and develop-
ment centers, to serve as a body for consultation and 
coordination between and among Federal agencies 
described under subsection (f) to plan for and re-
spond to supply chain shocks and support the resil-
ience, diversity, security, and strength of critical 
supply chains. 
(2) IMPLEMENTATION.—Through the unified 
coordination group established under paragraph (1), 
the Assistant Secretary shall do the following: 
(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 
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 resilience and inform 
planning. 
(C) Convene with relevant private sector 
entities to share best practices, planning, and 
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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. 
(3) SUBGROUPS.—In carrying out the activities 
described in paragraph (2), the Assistant Secretary 
may establish subgroups of the unified coordination 
group established under paragraph (1) led by the 
head of an appropriate Federal agency. 
(4) INTERNATIONAL COOPERATION.—The Sec-
retary, in consultation with other relevant Federal 
agencies, may cooperate or enter into agreements 
with governments of countries that are allies or key 
international partner nations of the United States 
relating to enhancing the security and resilience of 
critical supply chains in response 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) supply chains; and 
(C) critical goods; 
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(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. 
(e) REPORT TO CONGRESS.—Concurrent with the an-
nual submission by the Secretary of the budget under sec-
tion 1105 of title 31, United States Code, the Secretary 
shall submit to the relevant committees of Congress and 
post on the website of the Assistant Secretary a report 
that contains a summary of the activities carried out 
under this section during the fiscal year covered by the 
report. Such report shall be submitted in unclassified form 
and may include a classified annex. 
(f) COORDINATION.— 
(1) IN GENERAL.—In implementing the require-
ments under this section, the Assistant Secretary 
shall, as appropriate coordinate with— 
(A) the heads of appropriate Federal agen-
cies, including— 
(i) the Secretary of State; and 
(ii) the United States Trade Rep-
resentative; and 
(B) the Attorney General and the Federal 
Trade Commission with respect to— 
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(i) advice on the design and activities 
of the unified coordination group described 
in subsection (c)(1); and 
(ii) ensuring compliance with Federal 
antitrust law. 
(2) SPECIFIC COORDINATION.—In carrying out 
the requirements under this section, with respect to 
critical supply chains involving specific sectors, the 
Assistant Secretary shall, as appropriate, coordinate 
with— 
(A) the Secretary of Defense; 
(B) the Secretary of Homeland Security; 
(C) the Secretary of the Treasury; 
(D) the Secretary of Energy; 
(E) the Secretary of Transportation; 
(F) the Secretary of Agriculture; 
(G) the Director of National Intelligence; 
(H) the Secretary of Health and Human 
Services; 
(I) the Small Business Administration; 
(J) the Secretary of Labor; and 
(K) the head of any other relevant Federal 
agency, as appropriate. 
(g) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to require any private entity— 
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(1) to share information with the Secretary or 
Assistant Secretary; 
(2) to request assistance from the Secretary or 
Assistant Secretary; or 
(3) that requests assistance from the Secretary 
or Assistant Secretary to implement any measure or 
recommendation suggested by the Secretary or As-
sistant Secretary. 
(h) PROTECTIONS.— 
(1) IN GENERAL.— 
(A) PROTECTIONS.—Subsections (a)(1), 
(b), and (d) of section 2224 of the Homeland 
Security Act of 2002 (6 U.S.C. 673) shall apply 
to the voluntary submission of critical supply 
chain information by a private entity under this 
section in the same manner as those provisions 
apply to critical infrastructure information vol-
untarily submitted to a covered agency for an-
other informational purpose under that sub-
section if the voluntary submission is accom-
panied by an express statement described in 
paragraph (2) of this subsection. 
(B) REFERENCES.—For the purpose of 
this subsection, with respect to section 2224 of 
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the Homeland Security Act of 2002 (6 U.S.C. 
673)— 
(i) the express statement described in 
subsection (a)(1) of that section shall be 
deemed to refer to the express statement 
described in paragraph (2) of this sub-
section; 
(ii) references in the subsections de-
scribed in subparagraph (A) to ‘‘this sub-
title’’ shall be deemed to refer to this sec-
tion; 
(iii) the reference to ‘‘protecting crit-
ical infrastructure or protected systems’’ in 
subsection (a)(1)(E)(iii) of that section 
shall be deemed to refer to carrying out 
this section; and 
(iv) the reference to ‘‘critical infra-
structure information’’ in subsections (b) 
and (c) of that section shall be deemed to 
refer to critical supply chain information. 
(2) EXPRESS STATEMENT.—The express state-
ment described in this paragraph, with respect to in-
formation or records, is— 
(A) in the case of written information or 
records, a written marking on the information 
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or records substantially similar to the following: 
‘‘This information is voluntarily submitted to 
the Federal Government in expectation of pro-
tection from disclosure as provided by the provi-
sions of section 4(h) of the Supply Chain 
Health And Integrity for the Nation’s Success 
Act.’’; or 
(B) in the case of oral information, a writ-
ten statement similar to the statement de-
scribed in subparagraph (A) submitted within a 
reasonable period following the oral communica-
tion. 
(3) INAPPLICABILITY TO SEMICONDUCTOR IN-
CENTIVE PROGRAM.—This subsection shall 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). 
(i) PROTECTIONS SAVINGS CLAUSE.—Nothing in 
subsection (h) shall be construed to limit or otherwise af-
fect the ability of a State, local, or Federal Government 
entity, agency, or authority, or any third party, under ap-
plicable law, to obtain supply chain information in a man-
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ner not covered by subsection (h), including any informa-
tion lawfully and properly disclosed generally or broadly 
to the public and to use such information in any manner 
permitted by law. For purposes of subsection (h), a per-
missible use of independently obtained supply chain infor-
mation includes the disclosure of such information under 
section 2302(b)(8) of title 5, United States Code. 
(j) CONSISTENCY WITH INTERNATIONAL AGREE-
MENTS.—This section shall be applied in a manner con-
sistent with United States obligations under international 
agreements. 
SEC. 5. MANUFACTURING SECURITY AND RESILIENCE PRO-
GRAM. 
(a) IN GENERAL.—Not later than 270 days after the 
date of enactment of this Act, the Secretary shall enter 
into a contract with an independent entity to conduct a 
study evaluating the economic and national security bene-
fits and detriments of establishing a program within the 
Office to provide and incentivize, as applicable, grants, 
loans, loan guarantees, and equity investment to support 
the resilience, diversity, security, and strength of supply 
chains. 
(b) REPORT.—Not later than 2 years after the date 
of enactment of this Act, the Secretary shall submit to 
the Committee on Commerce, Science, and Transportation 
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of the Senate, the Committee on Energy and Commerce 
of the House of Representatives, and publish on the 
website of the Office, a report that contains the results 
of the study conducted by the entity described under sub-
section (a). 
SEC. 6. CRITICAL SUPPLY CHAIN INNOVATION AND BEST 
PRACTICES. 
(a) IN GENERAL.—Subject to the availability of ap-
propriations, the Assistant Secretary, in consultation with 
the Director of the National Institute of Standards and 
Technology, shall, on an ongoing basis, facilitate and sup-
port the development and dissemination of a voluntary set 
of standards, guidelines, best practices, management 
strategies, methodologies, procedures, and processes for 
domestic manufacturers and entities manufacturing, pur-
chasing, 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; and 
(3) design and implement measures to reduce 
the risks of disruption, strain, compromise, or elimi-
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nation of critical supply chains of such manufactur-
ers and entities. 
(b) REQUIREMENTS.—In carrying out subsection (a), 
the Assistant Secretary shall do the following: 
(1) Coordinate closely and regularly with rel-
evant private sector personnel and entities, manufac-
turing extension centers established as part of the 
Hollings 
Manufacturing 
Extension 
Partnership, 
Manufacturing USA institutes as described in sec-
tion 34(d) of the National Institute of Standards 
and Technology Act (15 U.S.C. 278s(d)), and other 
relevant stakeholders and incorporate industry ex-
pertise. 
(2) Consult with the head of any relevant Fed-
eral agency, including those with jurisdiction over 
critical supply chains, States, local governments, 
Tribal governments, the governments of other na-
tions, 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). 
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(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) 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. 
(6) Incorporate relevant voluntary standards 
and industry best practices. 
(7) Consider small business concerns. 
(8) 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-
silience to small and medium-sized manufacturers. 
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SEC. 7. PROGRAM EVALUATION BY THE INSPECTOR GEN-
ERAL OF THE DEPARTMENT OF COMMERCE. 
(a) PROGRAM EVALUATION.—Not later than 4 years 
after the date of the enactment of this Act, and every 4 
years thereafter, the Inspector General of the Department 
of Commerce shall conduct an audit of the Office to— 
(1) evaluate the extent to which the require-
ments under this Act are met; and 
(2) provide recommendations on any proposed 
changes to improve the effectiveness of the Office on 
meeting the mission described under section 2(b). 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Inspector General of 
the Department of Commerce $5,000,000 for fiscal years 
2024 through 2028, to remain available until expended, 
to carry out subsection (a). 
SEC. 8. AGRICULTURE AND FOOD SYSTEM CRITICAL SUP-
PLY CHAIN MONITORING AND ASSESSMENT. 
(a) ACTIVITIES.—Subject to the availability of appro-
priations, not later than 270 days after the date of the 
enactment of this Act, the Assistant Secretary, in con-
sultation with the Secretary of Agriculture, shall identify 
and evaluate the stability and reliability of the agriculture 
and food system critical supply chain, including— 
(1) the state of the agriculture and food system 
workforce 
and 
any 
critical 
supply 
chain 
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vulnerabilities related to the agriculture and food 
system workforce; 
(2) transportation bottlenecks in the distribu-
tion of agricultural inputs, processed and unproc-
essed food and food input products, and consumer- 
ready food products; and 
(3) opportunities to create training and edu-
cation programs focused on high-quality jobs in the 
agriculture and food system that— 
(A) increase the stability of the agriculture 
and food system; and 
(B) alleviate critical supply chain bottle-
necks in the distribution of agricultural inputs, 
processed and unprocessed food and food input 
products, and consumer-ready food products. 
(b) REPORT TO CONGRESS.—In carrying out sub-
section (a), the Assistant Secretary shall submit to the 
Committee on Energy and Commerce and the Committee 
on Agriculture of the House of Representatives and the 
Committee on Commerce, Science, and Transportation 
and the Committee on Agriculture, Nutrition, and For-
estry of the Senate a report that contains the following: 
(1) An identification of the strengths, weak-
nesses, critical bottlenecks, workforce challenges and 
opportunities, and overall stability and reliability of 
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SEC. 9. DEPARTMENT OF COMMERCE CAPABILITY ASSESS-
MENT. 
(a) ASSESSMENT.—The Secretary shall, not later 
than one year after the date of the enactment of this Act, 
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 and industrial innovation; 
(2) identifying and assessing the purpose, legal 
authority, effectiveness, efficiency, and limitations of 
each office and bureau identified under paragraph 
(1); and 
(3) providing recommendations to improve the 
effectiveness, efficiency, and impact of the offices 
and bureaus identified under paragraph (1), which 
may include recommendations to coordinate— 
(A) across offices and bureaus identified 
under paragraph (1); and 
(B) with Federal agencies implementing 
similar activities related to critical supply chain 
resilience and manufacturing and industrial in-
novation. 
(b) EXTERNAL ORGANIZATION.—In producing the 
report required under subsection (a), the Secretary may 
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contract with an appropriate external organization, such 
as the National Academy of Public Administration. 
(c) REPORT.—The Secretary shall provide the report 
required under subsection (a) to the appropriate commit-
tees of Congress, along with a strategy to implement, as 
appropriate and as determined by the Secretary, the rec-
ommendations under the report. 
SEC. 10. DEFINITIONS. 
In this Act: 
(1) 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 of concern. 
(2) ASSISTANT SECRETARY.—The term ‘‘Assist-
ant Secretary’’ means the Assistant Secretary of 
Manufacturing Security and Resilience appointed 
pursuant to section 2. 
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(3) COUNTRY OF CONCERN.—The term ‘‘coun-
try of concern’’ means a country in which a con-
centrated critical supply chain is located and— 
(A) that poses a significant national secu-
rity or economic security threat to the United 
States; 
(B) is a covered nation (as defined under 
section 4872 of title 10, United States Code); 
or 
(C) whose government, or elements of such 
government, has proven to have, or has been 
credibly alleged to have, committed crimes 
against humanity or genocide. 
(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, 
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) critical infrastructure. 
(5) CRITICAL
INDUSTRY.—The term ‘‘critical 
industry’’ means an industry that is critical for the 
national security or economic security of the United 
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States, considering key technology focus areas and 
critical infrastructure. 
(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 critical supply 
chains during a supply chain shock; 
(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 thereto, risk 
management planning, or risk audits; or 
(C) operational best practices, planning, 
and supplier partnerships that enable enhanced 
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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 research and de-
velopment, engineering, or production activities nec-
essary for manufacturing. 
(11) ECONOMICALLY DISTRESSED AREA.—The 
term ‘‘economically distressed area’’ means an area 
that meets 1 or more of the requirements described 
in section 301(a) of the Public Works and Economic 
Development Act of 1965 (42 U.S.C. 3161(a)). 
(12) FEDERAL
AGENCY.—The term ‘‘Federal 
agency’’ has the meaning given the term ‘‘agency’’ 
in section 551 of title 5, United States Code. 
(13) INDUSTRIAL EQUIPMENT.—The term ‘‘in-
dustrial 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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