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H.R. 6571 — what changed

Promoting Resilient Supply Chains Act of 2023

From Introduced in House to Reported in House. 6 sections amended between Introduced in House and Reported in House.

Section 1 Short title; table of contents

(a)
added Short title— This Act may be cited as the “Promoting Resilient Supply Chains Act of 2023”.
(b)
added Table of contents— The table of contents for this Act is as follows:

removed This Act may be cited as the “Promoting Resilient Supply Chains Act of 2023”.

Sec. 2 Additional responsibilities of Assistant Secretary of Commerce for Industry and Analysis

(a)
changed Definitions—Additional responsibilities— In addition to the responsibilities of the Assistant Secretary on the day before the date of the enactment of this section:Act, the Assistant Secretary shall have the following responsibilities:
(1)
changed Agency— The term “agency” has Promote the meaning given that term in section 551 leadership of title 5, the United States Code.with respect to critical industries, critical supply chains, and emerging technologies that—
(A)
added strengthen the national security of the United States; and
(B)
added have a significant effect on the economic security of the United States.
(2)
changed Ally or key international partner nation— The term “ally or key international partner nation”—Encourage consultation with other agencies, covered nongovernmental representatives, industry, institutions of higher education, and State and local governments in order to—
(A)
added promote resilient critical supply chains; and
(B)
changed means countries that are critical identify, prepare for, and respond to addressing critical supply chain weaknesses and vulnerabilities; andshocks to—
(i)
added critical industries;
(ii)
added critical supply chains; and
(iii)
added emerging technologies.
(B)
removed does not include—
(i)
removed a country that poses a significant national security or economic security risk to the United States; or
(ii)
removed a country that is described in section 503(b) of the RANSOMWARE Act (Public Law 117–238: 136 Stat. 5564).
(3)
changed Assistant secretary— The term “Assistant Secretary” means Encourage the Assistant Secretary growth and competitiveness of Commerce assigned by the Secretary to direct United States productive capacities and manufacturing in the office United States of Industry and Analysis.emerging technologies.
(4)
changed Critical good— The term “critical good” means any raw, in process, or manufactured material (including any mineral, metal, or advanced processed material), article, commodity, supply, product, or item of supply Monitor the absence resilience, diversity, security, and strength of which would have a significant effect on—critical supply chains and critical industries (including critical industries for emerging technologies).
(A)
removed the national security or economic security of the United States; and
(B)
removed either
(i)
removed critical infrastructure; or
(ii)
removed emerging technologies
(5)
changed Critical industry— The term “critical industry” means an industry that is critical for Support the national security or economic security availability of the United States, considering critical goods.goods from domestic manufacturers, domestic enterprises, and manufacturing operations in countries that are an ally or key international partner nation.
(6)
changed Critical infrastructure— The term “critical infrastructure” has Assist the meaning given Federal Government in preparing for and responding to that term supply chain shocks to critical supply chains, including by improving flexible manufacturing capacities and capabilities in the Critical Infrastructures Protection Act of 2001 (42 U.S.C. 5195c).United States.
(7)
changed Critical supply chain— The term “critical supply chain” means a critical supply chain for a Consistent with United States obligations under international agreements, encourage and incentivize the reduced reliance of domestic enterprises and domestic manufacturers on critical good.goods from countries that are described in clause (i) or (ii) of section 6(2)(B).
(8)
changed Critical supply chain information— The term “critical supply chain information” means information Encourage the relocation of manufacturing facilities that is not customarily manufacture critical goods from countries that are described in clause (i) or (ii) of section 6(2)(B) to the public domain United States and relating to—countries that are an ally or key international partner nation to strengthen the resilience, diversity, security, and strength of critical supply chains.
(A)
removed sustaining and adapting supply chains during a supply chain shock;
(B)
removed critical supply chain risk mitigation and recovery planning with respect to a supply chain shock, including any planned or past assessment, projection, or estimate of a vulnerability within the critical supply chain, including testing, supplier network assessments, production flexibility, risk evaluations, risk management planning, or risk audits; or
(C)
removed operational best practices, planning, and supplier partnerships that enable enhanced resilience of critical supply chains during a supply chain shock, including response, repair, recovery, reconstruction, insurance, or continuity.
(9)
changed Domestic enterprise— The term “domestic enterprise” means an enterprise that conducts business Support the creation of jobs with competitive wages in the United States and procures a critical good.manufacturing sector.
(10)
changed Domestic manufacturer— The term “domestic manufacturer” means a business that conducts Encourage manufacturing growth and opportunities in the United States the engineering, or production activities necessary for manufacturing.rural and underserved communities.
(11)
changed Emerging technology— The term “emerging technology” means technologies that are critical for Promote the national security health of the economy of the United States and economic security the competitiveness of manufacturing in the United States, including—States.
(b)
added Capabilities and technical support— In carrying out subsection (a), the Assistant Secretary—
(1)
added shall establish capabilities to—
(A)
added assess the state of technology, innovation, and production capacity in the United States and other countries; and
(B)
added conduct other activities that the Assistant Secretary considers to be critical for the use of analytic capabilities, statistics, datasets, and metrics related to critical technologies and innovation; and
(2)
added may utilize external organizations to provide independent and objective technical support.
(A)
removed technologies included in the American COMPETE Act (Public Law 116–260; 134 Stat. 3276); and
(B)
removed the following technologies:
(i)
removed artificial intelligence;
(ii)
removed automated vehicles and unmanned delivery systems;
(iii)
removed blockchain and other distributed ledger, data storage, data management, and cybersecurity technologies;
(iv)
removed quantum computing and quantum sensing;
(v)
removed additive manufacturing;
(vi)
removed advanced manufacturing and the Internet of Things;
(vii)
removed nano technology;
(viii)
removed robotics;
(ix)
removed microelectronics, optical fiber ray, and high performance and advanced computer hardware and software;
(x)
removed semiconductors;
(xi)
removed Advanced materials science, including composition 2D, other next gen materials, and related manufacturing technologies.
(12)
removed 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)
removed Manufacture— The term “manufacture” means any activity that is necessary for the development, production, processing, distribution, or delivery of any raw, in process, or manufactured material (including any mineral, metal, and advanced processed material), article, commodity, supply, product, critical good, or item of supply.
(14)
removed Manufacturing technology— The term “manufacturing technology” means technologies that are necessary for the manufacturing of a critical good.
(15)
removed 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 governments.
(16)
removed Production equipment— The term “production equipment” means any component, subsystem, system, equipment, tooling, accessory, part, or assembly necessary for the manufacturing of a critical good.
(17)
removed Program— The term “program” means the critical supply chain resiliency program established pursuant to section 4.
(18)
removed Relevant committees of congress— The term “relevant committees of Congress” means the following:
(A)
removed The Committee on Commerce, Science, and Transportation of the Senate.
(B)
removed The Committee on Energy and Commerce of the House of Representatives.
(19)
removed Resilient critical supply chain— The term “resilient critical supply chain” means a critical supply chain that—
(A)
removed ensures that the United States can sustain critical industry (including critical industries for emerging technologies), production, critical supply chains, services, and access to critical goods, production equipment, and manufacturing technology during supply chain shocks; and
(B)
removed has key components of resilience that include—
(i)
removed effective private sector risk management and mitigation planning to sustain critical supply chains and supplier networks during a supply chain shock;
(ii)
removed minimized or managed exposure to supply chain shocks; and
(20)
removed Secretary— The term “Secretary” means the Secretary of Commerce.
(21)
removed 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)
removed Supply chain shock— The term “supply chain shock” includes the following:
(A)
removed A natural disaster.
(B)
removed A pandemic.
(C)
removed A biological threat.
(D)
removed A cyber attack.
(E)
removed A great power conflict.
(F)
removed A terrorist or geopolitical attack.
(G)
removed An event for which the President declares a major disaster or an emergency under section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 and 5191).
(H)
removed Any other critical supply chain disruption or threat that affects the national security or economic security of the United States.

Sec. 3 Critical supply chain resiliency and crisis response program

(a)
changed Additional responsibilities—Establishment— The Not later than 180 days after the date of the enactment of this Act, the Assistant Secretary shall have establish in the following additional responsibilities:Department of Commerce a critical supply chain resiliency and crisis response program to conduct the activities described in subsection (b).
(b)
added Activities— In carrying out the program, the Assistant Secretary shall conduct activities—
(1)
added in coordination with the unified coordination group established under subsection (c), to—
(A)
added map, monitor, and model critical supply chains, including critical supply chains for emerging technologies, which may include—
(i)
added modeling the impact of supply chain shocks on critical industries (including critical industries for emerging technologies), critical supply chains, domestic enterprises, and domestic manufacturers;
(ii)
added monitoring the demand for and supply of critical goods, production equipment, and manufacturing technology needed for critical supply chains, including critical goods, production equipment, and manufacturing technology obtained by or purchased from a person outside of the United States or imported into the United States; and
(iii)
added monitoring manufacturing, warehousing, transportation, and distribution related to critical supply chains;
(B)
added identify high priority gaps and vulnerabilities, which may include single points of failure, in critical supply chains and critical industries (including critical industries for emerging technologies) that—
(i)
added exist as of the date of the enactment of this Act; or
(ii)
added are anticipated to occur after the date of the enactment of this Act;
(C)
added identify potential supply chain shocks to a critical supply chain that may disrupt, strain, compromise, or eliminate the critical supply chain (including supply chains involving emerging technologies);
(D)
added evaluate the capability and capacity of domestic manufacturers or manufacturers located in countries that are an ally or key international partner nation to serve as sources for critical goods, production equipment, or manufacturing technology needed in critical supply chains (including supply chains involving emerging technologies);
(E)
added evaluate the effect on the national security 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)
added evaluate the state of the manufacturing workforce, including by—
(i)
added identifying the needs of domestic manufacturers; and
(ii)
added identifying opportunities to create high-quality manufacturing jobs; and
(G)
added identify investments in critical goods, production equipment, and manufacturing technology from non-Federal sources;
(2)
added in coordination with State and local governments and the unified coordination group established under subsection (c), and, as appropriate, in consultation with countries that are an ally or key international partner nation, to—
(A)
added identify opportunities to reduce gaps and vulnerabilities in critical supply chains and critical industries (including critical industries for emerging technologies);
(B)
added encourage consultation between the Federal Government, industry, covered nongovernmental representatives, institutions of higher education, and State and local governments to—
(i)
added better respond to supply chain shocks to critical supply chains and critical industries (including critical industries for emerging technologies); and
(ii)
added coordinate response efforts to supply chain shocks;
(C)
added encourage consultation between the Federal Government and the governments of countries that are an ally or key international partner nation;
(D)
added develop or identify opportunities to build the capacity of the United States in critical supply chains, critical industries, and emerging technologies;
(E)
added develop or identify opportunities to build the capacity of countries that are an ally or key international partner nation in critical industries (including critical industries for emerging technologies) and critical supply chains;
(F)
added develop contingency plans and coordination mechanisms to improve the response of critical supply chains and critical industry (including critical industries for emerging technologies) to supply chain shocks; and
(G)
added support methods and technologies, including blockchain technology, distributed ledger technology, and other emerging technologies, as appropriate, for the authentication and traceability of critical goods;
(3)
added acting within the authority of the Secretary that exists as of the date of the enactment of this Act, and in consultation with the Secretary of State and the United States Trade Representative, to consult with governments of countries that are an ally or key international partner nation to promote resilient critical supply chains that ensure the supply of critical goods, production equipment, and manufacturing technology to the United States and companies located in countries that are an ally or key international partner nation;
(4)
added in consultation with other offices and divisions of the Department of Commerce and other 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 (including critical industries for emerging technologies); and
(5)
added to determine which emerging technologies may assist in conducting the activities described in this subsection and promote such emerging technologies.
(c)
added Unified coordination group— In conducting the activities described in subsection (b), the Assistant Secretary shall—
(1)
added establish a unified coordination group led by the Assistant Secretary, which shall include, as appropriate, private sector partners and covered nongovernmental representatives, to serve as a body for consultation by agencies described in subsection (g) to plan for and respond to supply chain shocks and support the resilience, diversity, security, and strength of critical supply chains;
(2)
added establish subgroups of the unified coordination group established under paragraph (1) that shall be led by the head of an appropriate agency; and
(3)
added through the unified coordination group established under paragraph (1)—
(A)
added 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)
added study the critical supply chain information acquired under subparagraph (A) to assess critical supply chains, including critical supply chains for emerging technologies, and inform planning for potential supply chain shocks;
(C)
added convene with relevant private sector entities to share best practices, planning, and capabilities to respond to potential supply chain shocks; and
(D)
added factor in any relevant findings from the studies required by the American COMPETE Act (title XV of division FF of the Consolidated Appropriations Act, 2021; Public Law 116–260; 134 Stat. 3276).
(d)
added International cooperation— The Secretary, in consultation with other relevant agencies, may consult with governments of countries that are an ally or key international partner nation relating to enhancing the security and resilience of critical supply chains in response to supply chain shocks.
(e)
added Designations— The Assistant Secretary shall—
(1)
added not later than 270 days after the date of the enactment of this Act, designate—
(A)
added critical industries;
(1)
removed Promote the leadership of the United States with respect to critical industries, critical supply chains, and emerging technologies that—
(A)
removed Strengthen the national security of the United States; and
(B)
removed Have a significant effect on the economic security of the United States.
(2)
removed Encourage consultation with other Federal agencies, and partnerships with non-governmental organizations, industry, institutions of higher education, and State and local governments in order to—
(A)
removed promote resilient critical supply chains; and
(B)
removed identify, prepare for, and respond to supply chain shocks to—
(i)
removed critical industry;
(B)
renumbered was (2)(4)(3)(3) critical supply chains; and
(C)
added critical goods;
(2)
added provide for a period of public comment and review in carrying out paragraph (1); and
(3)
added update the designations made under paragraph (1) not less frequently than once every 4 years, including designations for technologies not described in section 6(12)(B) that the Assistant Secretary considers necessary.
(f)
added National strategy and review on critical supply chain resiliency and manufacturing in the United States—
(1)
added In general— Not later than 1 year after the date of the enactment of this Act, and not less frequently than once every 2 years thereafter, the Assistant Secretary, in consultation with the head of each relevant agency, covered nongovernmental representative, industry, institution of higher education, and State and local government, shall submit to the relevant committees of Congress and post on the website of the Assistant Secretary a report that—
(A)
added identifies—
(i)
added critical infrastructure that may assist in fulfilling the responsibilities described in section 2;
(ii)
added emerging technologies that may assist in fulfilling the responsibilities described in section 2 and carrying out the program, including such technologies that may be critical to addressing preparedness, weaknesses, and vulnerabilities relating to critical supply chains;
(iii)
added critical industries, critical supply chains, and critical goods designated under subsection (e);
(iv)
added other supplies and services that are critical to the crisis preparedness of the United States;
(v)
added substitutes for critical goods, production equipment, and manufacturing technology;
(vi)
added methods and technologies, including blockchain technology, distributed ledger technology, and other emerging technologies, as appropriate, for the authentication and traceability of critical goods; and
(vii)
added countries that are an ally or key international partner nation;
(B)
added describes the matters identified and evaluated under subsection (b)(1), including—
(i)
added the manufacturing base, critical supply chains, and emerging technologies in the United States, including the manufacturing base and critical supply chains for—
(I)
added critical goods;
(II)
added production equipment; and
(III)
added manufacturing technology; and
(ii)
added the ability of the United States to—
(I)
added maintain readiness with respect to preparing for and responding to supply chain shocks; and
(II)
added in response to a supply chain shock—
(aa)
added surge production in critical industries;
(bb)
added surge production of critical goods and production equipment; and
(cc)
added maintain access to critical goods, production equipment, and manufacturing technology;
(C)
added assesses and describes—
(i)
added the demand and supply of critical goods, production equipment, and manufacturing technology;
(ii)
added the production of critical goods, production equipment, and manufacturing technology by domestic manufacturers;
(iii)
added the capability and capacity of domestic manufacturers and manufacturers in countries that are an ally or key international partner nation to manufacture critical goods, production equipment, and manufacturing technology; and
(iv)
added how supply chain shocks could affect rural, Tribal, and underserved communities;
(D)
added identifies threats and supply chain shocks that may disrupt, strain, compromise, or eliminate critical supply chains, critical goods, and critical industries (including critical industries for emerging technologies);
(E)
added with regard to any threat identified under subparagraph (D), lists any threat or supply chain shock that may originate from a country, or a company or individual from a country, that is described in clause (i) or (ii) of section 6(2)(B);
(F)
added assesses—
(i)
added the resilience and capacity of the manufacturing base, critical supply chains, and workforce of the United States and countries that are an ally or key international partner nation that can sustain critical industries (including critical industries for emerging technologies) through a supply chain shock;
(ii)
added the effect innovation has on domestic manufacturers; and
(iii)
added any single points of failure in the critical supply chains described in clause (i);
(G)
added with respect to countries that are an ally or key international partner nation, reviews the sourcing of critical goods, production equipment, and manufacturing technology associated with critical industries located in such countries;
(H)
added assesses the flexible manufacturing capacity and capability available in the United States in the case of a supply chain shock; and
(I)
added develops a strategy for the Department of Commerce to support the resilience, diversity, security, and strength of critical supply chains and emerging technologies to—
(i)
added support sufficient access to critical goods by mitigating vulnerabilities in critical supply chains, including critical supply chains concentrated in countries that are described in clause (i) or (ii) of section 6(2)(B);
(ii)
added consult with other relevant agencies to assist countries that are an ally or key international partner nation in building capacity for manufacturing critical goods;
(iii)
added recover from supply chain shocks;
(iv)
added identify, in consultation with other relevant agencies, actions relating to critical supply chains or emerging technologies that the United States may take to—
(I)
added raise living standards;
(II)
added increase employment opportunities; and
(III)
added improve responses to supply chain shocks;
(v)
added protect against supply chain shocks relating to critical supply chains from countries that are described in clause (i) or (ii) of section 6(2)(B);
(vi)
added support methods and technologies, including blockchain technology, distributed ledger technologies, and other emerging technologies, as appropriate, for the authentication and traceability of critical goods; and
(vii)
added make specific recommendations to implement the strategy under this section and improve the security and resiliency of manufacturing capacity and supply chains for critical industries (including critical industries for emerging technologies), by—
(I)
added developing long-term strategies;
(II)
added increasing visibility into the networks and capabilities of domestic manufacturers and suppliers of domestic manufacturers;
(III)
added identifying industry best practices;
(IV)
added evaluating how diverse supplier networks, multi-platform and multi-region production capabilities and sources, and integrated global and regional critical supply chains can enhance the resilience of—
(aa)
added critical industries in the United States;
(bb)
added emerging technologies in the United States;
(cc)
added jobs in the United States;
(dd)
added manufacturing capabilities of the United States; and
(ee)
added the access of the United States to critical goods during a supply chain shock;
(V)
added identifying and mitigating risks, including—
(aa)
added significant vulnerabilities to supply chain shocks; and
(bb)
added exposure to gaps and vulnerabilities in domestic capacity or capabilities and sources of imports needed to sustain critical industries (including critical industries for emerging technologies) or critical supply chains;
(VI)
added identifying enterprise resource planning systems that are—
(aa)
added compatible across critical supply chain tiers; and
(bb)
added affordable for all sizes of business and for startups;
(VII)
added understanding the total cost of ownership, total value contribution, and other best practices that encourage strategic partnerships throughout critical supply chains;
(VIII)
added understanding Federal procurement opportunities to increase resilient critical supply chains and fill gaps in domestic purchasing;
(IX)
added identifying opportunities to consult with countries that are an ally or key international partner nation to build more resilient critical supply chains and mitigate risks;
(X)
added identifying opportunities to reuse and recycle critical goods, including raw materials, to increase resilient critical supply chains;
(XI)
added consulting with countries that are an ally or key international partner nation on—
(aa)
added sourcing critical goods, production equipment, and manufacturing technology; and
(bb)
added developing, sustaining, and expanding production and availability of critical goods, production equipment, and manufacturing technology during a supply chain shock;
(XII)
added identifying such other services as the Assistant Secretary determines necessary; and
(XIII)
added providing guidance to other relevant agencies with respect to critical goods, supply chains, and critical industries (including critical industries for emerging technologies) that should be prioritized to ensure United States leadership in the deployment of such technologies.
(2)
added Prohibition— The report submitted under paragraph (1) may not include—
(A)
added critical supply chain information that is not aggregated;
(B)
added confidential business information of a private sector entity; or
(C)
added classified information.
(3)
added Form— The report submitted under paragraph (1), and any update submitted thereafter, shall be submitted to the relevant committees of Congress in unclassified form and may include a classified annex.
(4)
added Public comment— The Assistant Secretary shall provide for a period of public comment and review in developing the report submitted under paragraph (1).
(g)
added Consultation— Not later than 1 year after the date of the enactment of this Act, the Assistant Secretary shall enter into an agreement with the head of any relevant agency to obtain any information, data, or assistance that the Assistant Secretary determines necessary to conduct the activities described in subsection (b).
(h)
added Rule of construction— Nothing in this section may be construed to require any private entity—
(1)
added to share information with the Secretary or Assistant Secretary;
(2)
added to request assistance from the Secretary or Assistant Secretary; or
(3)
added to implement any measure or recommendation suggested by the Secretary or Assistant Secretary in response to a request by the private entity.
(i)
added Protection of voluntarily shared critical supply chain information—
(1)
added Protection—
(A)
added In general— Notwithstanding any other provision of law, critical supply chain information (including the identity of the submitting person or entity) that is voluntarily submitted under this section to the Department of Commerce for use by the Department for purposes of this section, when accompanied by an express statement specified in subparagraph (B)—
(i)
added 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)
added is not subject to any agency rules or judicial doctrine regarding ex parte communications with a decision making official;
(iii)
added may not, without the written consent of the person or entity submitting such information, be used directly by the Department of Commerce, any other Federal, 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)
added may not, without the written consent 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 purposes of this section, except—
(I)
added in furtherance of an investigation or the prosecution of a criminal act; or
(II)
added when disclosure of the information would be—
(aa)
added to either House of Congress, or to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee thereof, or any subcommittee of any such joint committee; or
(bb)
added to the Comptroller General of the United States, or any authorized representative of the Comptroller General, in the course of the performance of the duties of the Government Accountability Office;
(v)
added may not, if provided to a State or local government or government agency—
(I)
added be made available pursuant to any State or local law requiring disclosure of information or records;
(II)
added otherwise be disclosed or distributed to any party by such State or local government or government agency without the written consent of the person or entity submitting such information; or
(III)
added 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)
added does not constitute a waiver of any applicable privilege or protection provided under law, such as trade secret protection.
(B)
added Express statement— The express statement described in this subparagraph, with respect to information or records, is—
(i)
added in the case of written information or records, a written marking on the information or records substantially similar to the following: “This information is voluntarily submitted to the Federal Government in expectation of protection from disclosure as provided by the provisions of the Promoting Resilient Supply Chains Act of 2023.”; or
(ii)
added 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 communication.
(2)
added Limitation— No communication of critical supply chain information to the Department of Commerce made pursuant to this section may be considered to be an action subject to the requirements of chapter 10 of title 5, United States Code.
(3)
added Independently obtained information— Nothing in this subsection may be construed to limit or otherwise affect the ability of a State, local, or Federal Government entity, agency, or authority, or any third party, under applicable law, to obtain critical supply chain information in a manner not covered by paragraph (1), including any information 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 obtained information includes the disclosure of such information under section 2302(b)(8) of title 5, United States Code.
(4)
added Treatment of voluntary submittal of information— The voluntary submittal to the Department 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)
added Inapplicability to semiconductor incentive 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)
added Sunset— The program shall terminate not later than the date that is 7 years after the date of the enactment of this Act.
(iii)
removed emerging technologies.
(3)
removed encourage the growth and competitiveness of United States productive capacities and manufacturing in the United States of emerging technologies.
(4)
removed Monitor the resilience, diversity, security, and strength of critical supply chains, critical industries and emerging technologies.
(5)
removed 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)
removed 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)
removed 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)
removed Encourage the relocation of manufacturing facilities that manufacture critical goods from countries 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)
removed Support the creation of jobs with competitive wages in the United States manufacturing sector.
(10)
removed Encourage manufacturing growth and opportunities in rural and underserved communities.
(11)
removed Promote the health of the economy of the United States and the competitiveness of manufacturing in the United States.
(b)
removed Expertise and staffing— In executing the responsibilities under subsection (a), the Assistant Secretary—
(1)
removed shall establish capabilities to—
(A)
removed assess the state of technology, innovation, and production capacity in the United States and other nations; and
(B)
removed conduct other activities deemed to be critical for the use of analytic capabilities, statistics, datasets, and metrics related to critical technologies and innovation; and
(2)
removed may utilize external organizations to provide independent and objective technical support.

Sec. 4 Critical supply chain innovation and best practices

(a)
changed Establishment—In general— Not later than 180 days after the date of enactment of this Act, the The Assistant Secretary shall establish in shall, on an ongoing basis, facilitate and support the Department development and dissemination of Commerce guidelines, best practices, management strategies, methodologies, procedures, and processes for domestic manufacturers, domestic enterprises, and other entities manufacturing, procuring, or using a supply chain resiliency program to carry out the activities described in subsection (b).critical good to—
(1)
added measure the resilience, diversity, security, and strength of the critical supply chains of such manufacturers, enterprises, and entities;
(2)
added quantify the value of improved resilience, diversity, security, and strength of critical supply chains to such manufacturers, enterprises, and entities;
(3)
added design and implement measures to reduce the risks of disruption, strain, compromise, or elimination of critical supply chains of such manufacturers, enterprises, and entities; and
(4)
added support the authentication and traceability of critical goods using blockchain technology, distributed ledger technologies, and other emerging technologies as appropriate.
(b)
changed Activities—Requirements— Under the program, In carrying out subsection (a), the Assistant Secretary shall carry out activities—do the following:
(1)
changed in coordination Consult closely and regularly with the coordination group relevant private sector personnel and entities, manufacturing extension centers established under subsection (c), to—as part of the Hollings Manufacturing Extension Partnership, Manufacturing USA institutes as described in section 34(d) of the National Institute of Standards and Technology Act (15 U.S.C. 278s(d)), and other relevant stakeholders and incorporate industry expertise.
(A)
removed map, monitor, and model critical supply chains, including emerging technology supply chains, which may include—
(i)
removed modeling the impact of supply chain shocks on critical industries (including critical industries for emerging technologies), critical supply chains, domestic enterprises, and domestic manufacturers;
(ii)
removed monitoring the demand for and supply of critical goods and services, production equipment, and manufacturing technology needed for critical supply chains, including critical goods and services, production equipment, and manufacturing technology obtained or purchased from a person outside of the United States or imported into the United States; and
(iii)
removed monitoring manufacturing, warehousing, transportation, and distribution related to critical supply chains; and
(B)
removed identify high priority critical supply chain gaps and vulnerabilities, which may include single points of failure in critical supply chains, critical industries, and emerging technologies that—
(i)
removed exist as of the date of the enactment of this section; or
(ii)
removed are anticipated in the future;
(C)
removed identify potential supply chain shocks that may disrupt, strain, compromise, or eliminate a critical supply chain, including emerging technology supply chains;
(D)
removed evaluate the capability and capacity of domestic manufacturers or manufacturers located in countries that are allies or key international partner nations to serve as sources for critical goods, production equipment, or manufacturing technology needed in critical supply chains, including emerging technology supply chains;
(E)
removed evaluate the effect on the national security 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)
removed evaluate the state of the manufacturing workforce, including by—
(i)
removed identifying the needs of domestic manufacturers; and
(ii)
removed identifying opportunities to create high-quality manufacturing jobs; and
(G)
removed identify investments in critical goods, production equipment, and manufacturing technology from non-Federal sources.
(2)
changed in coordination Consult with the State and heads of relevant agencies (including agencies with jurisdiction over critical supply chains), States, local governments, and the coordination group established under subsection (c), and, as appropriate, in cooperation with the governments of Tribal Governments, countries that are allies an ally or key international partner nations of the United States, to—nation, and international organizations, as necessary.
(A)
removed identify opportunities to reduce critical supply chain gaps and vulnerabilities in critical supply chains, critical industries, and emerging technologies;
(B)
removed encourage consultation between the Federal Government, and partnerships between industry, non-governmental organizations, institutions of higher education, and State and local governments to—
(i)
removed better respond to supply chain shocks to critical supply chains, critical industries, and emerging technologies; and
(ii)
removed coordinate response efforts;
(C)
removed encourage consultation between the Federal Government and the governments of countries that are allies or key international partner nations of the United States;
(D)
removed develop or identify opportunities to build the capacity of the United States in critical supply chains, critical industries, and emerging technologies;
(E)
removed 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 critical supply chains;
(F)
removed develop contingency plans and coordination mechanisms to improve critical supply chain, critical industry, and emerging technology supply chain response to supply chain shocks; and
(G)
removed support methods and technologies, including blockchain technology, distributed ledger technology, and other emerging technologies as appropriate, for the authentication and traceability of critical goods;
(3)
changed 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 Collaborate with governments of countries that are allies or key international partner nations of the United States private sector stakeholders to promote diversified identify prioritized, flexible, repeatable, performance-based, and resilient cost-effective critical supply chains chain resilience approaches that ensure the supply of critical goods, production equipment, may be voluntarily adopted by domestic manufacturers, domestic enterprises, and manufacturing technology other entities manufacturing, procuring, or using a critical good to achieve the United States and companies of countries that are allies or key international partner nations goals of the United States;subsection (a).
(4)
changed 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 Facilitate the resilience of supply chains of critical industries and emerging technologies; anddesign of—
(A)
added voluntary processes for selecting suppliers that support the resilience, diversity, security, and strength of critical supply chains; and
(B)
added methodologies to identify and mitigate the effects of a disruption, strain, compromise, or elimination of a critical supply chain.
(5)
changed to determine what Facilitate the identification or application of methods and technologies, including blockchain technology, distributed ledger technologies, and other emerging technologies may assist in accomplishing as appropriate, for the activities described in this subsection authentication and promote emerging technologies.traceability of critical goods.
(6)
added Disseminate research and information to assist domestic manufacturers redesign products, expand domestic manufacturing capacity, and improve other capabilities as required to improve the resilience, diversity, security, and strength of critical supply chains.
(7)
added Incorporate relevant industry best practices.
(8)
added Consider the private sector, including small businesses.
(9)
added 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, including small and medium-sized manufacturers.
(c)
changed Coordination group—Rule of construction— In carrying out the applicable activities under subsection (a), the Assistant Secretary shall—Nothing in this section may be construed to—
(1)
changed establish a unified coordination group led by the Assistant Secretary, which shall include, as appropriate, require any private sector partners, and non-governmental organizations, to serve as a body for consultation among agencies described under subsection (g) to plan for and respond entity to supply chain shocks and support share information with the resilience, diversity, security, and strength of critical supply chains;Secretary or Assistant Secretary;
(2)
changed establish subgroups of the unified coordination group if established under paragraph (1), led by require any private entity to request assistance from the head of an appropriate agency; andSecretary or Assistant Secretary;
(3)
changed through require any private entity to implement any measure or recommendation suggested by the unified coordination group established under paragraph (1)—Secretary or Assistant Secretary in response to a request by the private entity; or
(A)
removed 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)
removed study the critical supply chain information acquired under subparagraph (A) to assess critical supply chain, including emerging technology supply chain resilience, and inform planning;
(C)
removed convene with relevant private sector entities to share best practices, planning, and capabilities to respond to potential supply chain shocks;
(D)
removed develop contingency plans and coordination mechanisms to ensure an effective and coordinated response to potential supply chain shocks; and
(E)
removed factor in any relevant findings from the studies required in the American COMPETE Act (Public Law 116–260; 134 Stat. 3276).
(4)
changed International cooperation— The Secretary, in consultation with other relevant Federal agencies, may consult with governments of countries that are allies or key international partner nations of the United States relating to enhancing require the security and resilience adoption of critical supply chains any guideline, best practice, management strategy, methodology, procedure, or process described in response to supply chain shocks.subsection (a).
(d)
removed Designations— The Assistant Secretary shall—
(1)
removed not later than 270 days after the date of the enactment of this Act, designate—
(A)
removed critical industries;
(B)
removed critical supply chains; and
(C)
removed critical goods;
(2)
removed provide for a period of public comment and review in carrying out paragraph (1); and
(3)
removed update the designations made under paragraph (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 necessary.
(e)
removed National strategy and review on critical supply chain resiliency and manufacturing in the united states—
(1)
removed 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 relevant agency, non-governmental organization, industry, institutions of higher education, and State and local governments, shall submit to the relevant committees of Congress and post on the website of the Assistant Secretary a report that—
(A)
removed identifies—
(i)
removed critical infrastructure that may assist in fulfilling the responsibilities described in section 3;
(ii)
removed emerging technologies that may assist in fulfilling the responsibilities described in section 3 and the program described in subsection (a), and such technologies that may be critical to addressing critical supply chain preparedness, weaknesses, and vulnerabilities;
(iii)
removed critical industries, critical supply chains, and critical goods designated under section 4(d);
(iv)
removed other goods, supplies, and services that are critical to the crisis preparedness of the United States;
(v)
removed substitutes for critical goods, production equipment, and manufacturing technology;
(vi)
removed methods and technologies, including blockchain technology, distributed ledger technology, and other emerging technologies as appropriate, for the authentication and traceability of critical goods; and
(vii)
removed countries that are critical to addressing critical supply chain weaknesses and vulnerabilities;
(B)
removed describes the matters identified and evaluated pursuant to section 4(b)(1), including—
(i)
removed the manufacturing base and critical supply chains and emerging technologies in the United States, including the manufacturing base and critical supply chains for—
(I)
removed essential materials;
(II)
removed production equipment;
(III)
removed critical goods, including raw materials, microelectronics and semiconductors, and rare earth permanent magnets, that are essential to the production of technologies and supplies for critical industries, including emerging technologies; and
(IV)
removed manufacturing technology;
(ii)
removed the ability of the United States to—
(I)
removed maintain readiness with respect to preparing for and responding to supply chain shocks; and
(II)
removed in response to a supply chain shock—
(aa)
removed surge production in critical industries;
(bb)
removed surge production of critical goods and production equipment; and
(cc)
removed maintain access to critical goods, production equipment, and manufacturing technology;
(C)
removed an assessment and description of—
(i)
removed demand and supply of critical goods, production equipment, and manufacturing technology;
(ii)
removed production of critical goods, production equipment, and manufacturing technology by domestic manufacturers;
(iii)
removed the capability and capacity of domestic manufacturers and manufacturers in countries that are allies or key international partner nations of the United States to manufacture critical goods, production equipment, and manufacturing technology; and
(iv)
removed how supply chain shocks could affect rural, Tribal, and underserved communities;
(D)
removed identifies threats and supply chain shocks that may disrupt, strain, compromise, or eliminate critical supply chains, critical goods, and critical industries, including emerging technologies;
(E)
removed 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)
removed is described in section 503(b) of the RANSOMWARE Act (Public Law 117–238: 136 Stat. 5564); or
(ii)
removed poses a significant national security or economic security threat to the United States;
(F)
removed assesses—
(i)
removed the resilience and capacity of the manufacturing base, critical supply chains, and workforce of the United States and allies and key international partner nations that can sustain critical industries, including emerging technologies, through a supply chain shock;
(ii)
removed the effect innovation has on domestic manufacturing; and
(iii)
removed any single points of failure in the critical supply chains described in clause (i);
(G)
removed 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 manufacturing technology associated with critical industries from those countries;
(H)
removed assesses the flexible manufacturing capacity and capability available in the United States in the case of a supply chain shock;
(I)
removed develop a strategy for the Department of Commerce to support the resilience, diversity, security, and strength of critical supply chains and emerging technologies to:
(i)
removed Support sufficient access to critical goods by mitigating critical supply chain vulnerabilities, including critical supply chains concentrated in countries of concern.
(ii)
removed Collaborate with other relevant Federal agencies to assist allies or key international partner nations build capacity for manufacturing critical goods.
(iii)
removed Recover from supply chain shocks.
(iv)
removed Identify, in consultation with other relevant Federal agencies, actions relating to critical supply chains with which the United States might—
(I)
removed raise living standards;
(II)
removed increase employment opportunities; and
(III)
removed improve response to supply chain shocks.
(v)
removed Protect against supply chain shocks from countries of concern relating to critical supply chains.
(vi)
removed Support methods and technologies, including blockchain technology, distributed ledger technologies, and other emerging technologies as appropriate, for the authentication and traceability of critical goods.
(vii)
removed Make specific recommendations to effectuate the strategy under this section and improve the security and resiliency of manufacturing capacity and supply chains for critical industries, including emerging technologies, by—
(I)
removed developing long-term strategies;
(II)
removed increasing visibility into the networks and capabilities of suppliers and domestic manufacturers;
(III)
removed identifying industry best practices;
(IV)
removed evaluating how diverse supplier networks, multi-platform and multi-region production capabilities and sources, and integrated global and regional critical supply chains can enhance the resilience of—
(aa)
removed critical industries in the United States;
(bb)
removed emerging technologies in the United States;
(cc)
removed jobs in the United States;
(dd)
removed manufacturing capabilities of the United States; and
(ee)
removed the access of the United States to critical goods during a supply chain shock;
(V)
removed identifying and mitigating risks, including—
(aa)
removed significant vulnerabilities to supply chain shocks; and
(bb)
removed exposure to gaps and vulnerabilities in domestic capacity or capabilities and sources of imports needed to sustain critical industries (including critical industries for emerging technologies), or critical supply chains;
(VI)
removed identifying enterprise resource planning systems that are—
(aa)
removed compatible across critical supply chain tiers; and
(bb)
removed affordable for all sizes of business and for startups;
(VII)
removed understanding the total cost of ownership, total value contribution, and other best practices that encourage strategic partnerships throughout critical supply chains;
(VIII)
removed understanding Federal procurement opportunities to increase resiliency of critical supply chains for goods and services and fill gaps in domestic purchasing;
(IX)
removed 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)
removed identifying opportunities to reuse and recycle critical goods, including raw materials, to increase the resilience of critical supply chains;
(XI)
removed consulting with countries on—
(aa)
removed sourcing critical goods, production equipment, and manufacturing technology; and
(bb)
removed developing, sustaining, and expanding production and availability of critical goods, production equipment, and manufacturing technology during a supply chain shock;
(XII)
removed identifying such other services as the Assistant Secretary determines necessary;
(XIII)
removed provides guidance to the Department of Commerce and other relevant agencies with respect to technologies and supplies that should be prioritized to ensure United States leadership in the deployment of such technologies.
(2)
removed Prohibition— The report submitted under paragraph (1) may not include—
(A)
removed critical supply chain information that is not aggregated;
(B)
removed confidential business information of a private sector entity; or
(C)
removed classified information.
(3)
removed Consultation— Not later than 1 year after the date of enactment of this Act, the Assistant 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)
removed Form— The report, and any update submitted thereafter, shall be submitted to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate in unclassified form and may include a classified annex.
(5)
removed Public comment— The Assistant Secretary shall provide for a period of public comment and review in developing the report.
(6)
removed With regard to any threat identified in subparagraph (C), lists any threat that may originate from a country, company, or individual from such country that—
(A)
removed is described in section 503(b) of the RANSOMWARE Act (Public Law 117–238: 136 Stat. 5564); or
(B)
removed poses a significant national security or economic security threat to the United States.
(f)
removed Report to Congress— Concurrent with the annual submission by the President of the budget under section 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)
removed Consultation— In implementing the program, the Assistant Secretary may, as appropriate, consult with the heads of relevant Federal agencies.
(h)
removed Rule of construction— Nothing in this section may be construed to require any private entity—
(1)
removed to share information with the Secretary or Assistant Secretary;
(2)
removed to request assistance from the Secretary or Assistant Secretary; or
(3)
removed to implement any measure or recommendation suggested by the Secretary or Assistant Secretary in response to a request by the private entity.
(i)
removed Protection of voluntarily shared critical supply chain information—
(1)
removed Protection—
(A)
removed In general— Notwithstanding any other provision of law, critical supply chain information (including the identity of the submitting entity) that is voluntarily submitted by a private entity under this section to the Department of Commerce for use by the Department for purposes of this section, when accompanied by an express statement specified in subparagraph (B)—
(i)
removed 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)
removed is not subject to any agency rules or judicial doctrine regarding ex parte communications with a decision making official;
(iii)
removed may not, without the written consent of the entity submitting such information, be used directly by the Department of Commerce, any other Federal, 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)
removed may not, without the written consent of the entity submitting such information, be used or disclosed by any officer or employee of the United States for purposes other than the purposes of this section, except—
(I)
removed in furtherance of an investigation or the prosecution of a criminal act; or
(II)
removed when disclosure of the information would be—
(aa)
removed to either House of Congress, or to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee thereof, or any subcommittee of any such joint committee; or
(bb)
removed to the Comptroller General of the United States, or any authorized representative of the Comptroller General, in the course of the performance of the duties of the Government Accountability Office;
(v)
removed may not, if provided to a State or local government or government agency—
(I)
removed be made available pursuant to any State or local law requiring disclosure of information or records;
(II)
removed otherwise be disclosed or distributed to any party by such State or local government or government agency without the written consent of the entity submitting such information; or
(III)
removed 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)
removed does not constitute a waiver of any applicable privilege or protection provided under law, such as trade secret protection.
(B)
removed Express statement— The express statement described in this subparagraph, with respect to information or records, is—
(i)
removed in the case of written information or records, a written marking on the information or records substantially similar to the following: “This information is voluntarily submitted to the Federal Government in expectation of protection from disclosure as provided by the provisions of the _______ Act of 2023.”; or
(ii)
removed 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 communication.
(2)
removed Limitation— No communication of critical supply chain information to the Department of Commerce made pursuant to this section may be considered to be an action subject to the requirements of chapter 10 of title 5, United States Code.
(3)
removed Independently obtained information— Nothing in this subsection may be construed to limit or otherwise affect the ability of a State, local, or Federal Government entity, agency, or authority, or any third party, under applicable law, to obtain critical supply chain information in a manner not covered by paragraph (1), including any information 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 obtained information includes the disclosure of such information under section 2302(b)(8) of title 5, United States Code.
(4)
removed Treatment of voluntary submittal of information— The voluntary submittal to the Department 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)
removed Inapplicability to semiconductor incentive 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)
removed Sunset— the program established under this section shall terminate no later than 7 years after the date of enactment of this Act.

Sec. 5 Department of Commerce capability assessment

(a)
changed In general—Report required— Subject to the availability of appropriations, the Assistant The Secretary shall, on an ongoing basis, facilitate and support the development and dissemination of guidelines, best practices, management strategies, methodologies, procedures, and processes for domestic manufacturers and entities manufacturing, purchasing, or using shall produce a critical good to—report—
(1)
changed measure identifying the resilience, diversity, security, duties, responsibilities, resources, programs, and strength expertise within the offices and bureaus of the Department of Commerce relevant to critical supply chains of such manufacturers chain resilience and entities;manufacturing innovation;
(2)
changed quantify identifying and assessing the value of improved resilience, diversity, security, purpose, legal authority, effectiveness, efficiency, and strength limitations of critical supply chains to such manufacturers and entities;each office or bureau identified under paragraph (1); and
(3)
changed design and implement measures providing recommendations to reduce enhance the risks of disruption, strain, compromise, or elimination of activities related to critical supply chains of such manufacturers chain resilience and entities; andmanufacturing innovation of the Department of Commerce, including—
(A)
added improving the effectiveness, efficiency, and impact of the offices and bureaus identified under paragraph (1);
(B)
added coordination across offices and bureaus identified under paragraph (1); and
(C)
added consultation with agencies implementing similar activities related to critical supply chain resilience and manufacturing innovation.
(4)
removed support the authentication and traceability of critical goods using blockchain technology, distributed ledger technologies, and other emerging technologies as appropriate.
(b)
changed Requirements—Submission of report— In carrying out subsection (a), Not later than 2 years after the Assistant date of the enactment of this Act, the Secretary shall do submit to the following: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.
(1)
removed Consult closely and regularly with relevant private sector personnel and entities, manufacturing extension centers established as part of the Hollings Manufacturing Extension Partnership, Manufacturing USA institutes as described in section 34(d) of the National Institute of Standards and Technology Act (15 U.S.C. 278s(d)), and other relevant stakeholders and incorporate industry expertise.
(2)
removed Consult with the head of any relevant Federal 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)
removed Collaborate with private sector stakeholders to identify prioritized, flexible, repeatable, performance-based, and cost-effective critical supply chain resilience approaches that may be voluntarily adopted by domestic manufacturers and entities purchasing or using a critical good to achieve the goals of subsection (a).
(4)
removed Facilitate the design of—
(A)
removed voluntary processes for selecting suppliers that support the resilience, diversity, security, and strength of critical supply chains; and
(B)
removed methodologies to identify and mitigate the effects of a disruption, strain, compromise, or elimination of a critical supply chain.
(5)
removed Facilitate the identification or application of methods and technologies, including blockchain technology, distributed ledger technologies, and other emerging technologies as appropriate, for the authentication and traceability of critical goods.
(6)
removed Disseminate research and information to assist domestic manufacturers redesign products, expand domestic manufacturing capacity, and improve other capabilities as required to improve the resilience, diversity, security, and strength of critical supply chains.
(7)
removed Incorporate relevant industry best practices.
(8)
removed Consider private sector, including small business concerns.
(9)
removed Leverage existing mechanisms for the Federal Government to provide critical supply chain solutions, including manufacturing technology, to include providing products, tools, and workforce development solutions related to critical supply chain resilience to manufacturers, including for small and medium sized manufacturers.
(c)
removed Rule of construction— Nothing in this section may be construed to—
(1)
removed require any private entity to share information with the Secretary or Assistant Secretary;
(2)
removed require any private entity to request assistance from the Secretary or Assistant Secretary;
(3)
removed require any private entity to implement any measure or recommendation suggested by the Secretary or Assistant Secretary in response to a request by the private entity; or
(4)
removed require the adoption of the guidelines, best practices, management strategies, methodologies, procedures, and processes described in subsection (a).

Sec. 6 Definitions

added In this Act:

(a)
removed Assessment— The Secretary shall, not later than two year after the date of the enactment of this Act, produce a report—
(1)
removed identifying the duties, responsibilities, resources, programs, and expertise within the offices and bureaus of the Department of Commerce relevant to critical supply chain resilience and manufacturing innovation;
(2)
removed identifying and assessing the purpose, legal authority, effectiveness, efficiency, and limitations of each office and bureau identified under paragraph (1); and
(3)
removed providing recommendations to enhance the activities related to critical supply chain resilience and manufacturing innovation of the Department of Commerce including—
(A)
removed improving the effectiveness, efficiency, and impact of the offices and bureaus identified under paragraph (1);
(B)
removed coordination across offices and bureaus identified under paragraph (1); and
(C)
removed consult with Federal agencies implementing similar activities related to critical supply chain resilience and manufacturing innovation.
(1)
changed Report—Agency— The Secretary shall provide the report required under subsection (a) to term “agency” has the relevant committees meaning given that term in section 551 of Congress, along with a strategy to implement, as appropriate and as determined by the Secretary, the recommendations under the report.title 5, United States Code.
(2)
added Ally or key international partner nation— The term “ally or key international partner nation”—
(A)
added means a country that is critical to addressing critical supply chain weaknesses and vulnerabilities; and
(B)
added does not include—
(i)
added a country that poses a significant risk to the national security or economic security of the United States; or
(ii)
added a country that is described in section 503(b) of the RANSOMWARE Act (title V of division BB of the Consolidated Appropriations Act, 2023; Public Law 117–328; 136 Stat. 5564).
(3)
added Assistant Secretary— The term “Assistant Secretary” means the Assistant Secretary of Commerce assigned by the Secretary to direct the office of Industry and Analysis.
(4)
added Covered nongovernmental representative— The term “covered nongovernmental representative” means a representative as specified in the second sentence of section 135(b)(1) of the Trade Act of 1974 (19 U.S.C. 2155(b)(1)), except that such term does not include a representative of a non-Federal government.
(5)
added Critical good— The term “critical good” means any raw, in process, or manufactured material (including any mineral, metal, or advanced processed material), article, commodity, supply, product, or item for which an absence of supply would have a significant effect on—
(A)
added the national security or economic security of the United States; and
(B)
added either—
(i)
added critical infrastructure; or
(ii)
added an emerging technology.
(6)
added Critical industry— The term “critical industry” means an industry that—
(A)
added is critical for the national security or economic security of the United States; and
(B)
added produces or procures a critical good.
(7)
added Critical infrastructure— The term “critical infrastructure” has the meaning given that term in section 1016 of the Critical Infrastructures Protection Act of 2001 (42 U.S.C. 5195c).
(8)
added Critical supply chain— The term “critical supply chain” means a supply chain for a critical good.
(9)
added Critical supply chain information— The term “critical supply chain information” means information that is not customarily in the public domain and relates to—
(A)
added sustaining and adapting a critical supply chain during a supply chain shock;
(B)
added critical supply chain risk mitigation and recovery planning with respect to a supply chain shock, including any planned or past assessment, projection, or estimate of a vulnerability within the critical supply chain, including testing, supplier network assessments, production flexibility, risk evaluations, risk management planning, or risk audits; or
(C)
added operational best practices, planning, and supplier partnerships that enable enhanced resilience of a critical supply chain during a supply chain shock, including response, repair, recovery, reconstruction, insurance, or continuity.
(10)
added Domestic enterprise— The term “domestic enterprise” means an enterprise that conducts business in the United States and procures a critical good.
(11)
added Domestic manufacturer— The term “domestic manufacturer” means a business that conducts in the United States the research and development, engineering, or production activities necessary for manufacturing a critical good.
(12)
added Emerging technology— The term “emerging technology” means a technology that is critical for the national security or economic security of the United States, including the following:
(A)
added Technologies included in the American COMPETE Act (title XV of division FF of the Consolidated Appropriations Act, 2021; Public Law 116–260; 134 Stat. 3276).
(B)
added The following technologies:
(i)
added Artificial intelligence.
(ii)
added Automated vehicles and unmanned delivery systems.
(iii)
added Blockchain and other distributed ledger, data storage, data management, and cybersecurity technologies.
(iv)
added Quantum computing and quantum sensing.
(v)
added Additive manufacturing.
(vi)
added Advanced manufacturing and the Internet of Things.
(vii)
added Nano technology.
(viii)
added Robotics.
(ix)
added Microelectronics, optical fiber ray, and high performance and advanced computer hardware and software.
(x)
added Semiconductors.
(xi)
added Advanced materials science, including composition 2D, other next generation materials, and related manufacturing technologies.
(13)
added Institution of higher education— The term “institution of higher education” has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
(14)
added Manufacture— The term “manufacture” means any activity that is necessary for the development, production, processing, distribution, or delivery of any raw, in process, or manufactured material (including any mineral, metal, and advanced processed material), article, commodity, supply, product, critical good, or item of supply.
(15)
added Manufacturing technology— The term “manufacturing technology” means a technology that is necessary for the manufacturing of a critical good.
(16)
added Production equipment— The term “production equipment” means any component, subsystem, system, equipment, tooling, accessory, part, or assembly necessary for the manufacturing of a critical good.
(17)
added Program— The term “program” means the critical supply chain resiliency and crisis response program established under section 3(a).
(18)
added Relevant committees of Congress— The term “relevant committees of Congress” means the following:
(A)
added The Committee on Commerce, Science, and Transportation of the Senate.
(B)
added The Committee on Energy and Commerce of the House of Representatives.
(19)
added Resilient critical supply chain— The term “resilient critical supply chain” means a critical supply chain that—
(A)
added ensures that the United States can sustain critical industry, including emerging technologies, production, critical supply chains, services, and access to critical goods, production equipment, and manufacturing technology during a supply chain shock; and
(B)
added has key components of resilience that include—
(i)
added effective private sector risk management and mitigation planning to sustain critical supply chains and supplier networks during a supply chain shock; and
(ii)
added minimized or managed exposure to a supply chain shock.
(20)
added Secretary— The term “Secretary” means the Secretary of Commerce.
(21)
added 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)
added Supply chain shock— The term “supply chain shock” includes the following:
(A)
added A natural disaster.
(B)
added A pandemic.
(C)
added A biological threat.
(D)
added A cyber attack.
(E)
added A great power conflict.
(F)
added A terrorist or geopolitical attack.
(H)
added An event for which the President declares a major disaster or an emergency under section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170; 42 U.S.C. 5191).
(I)
added Any other disruption or threat to a critical supply chain that affects the national security or economic security of the United States.