S. 257 — what changed

Lead the Working Group established pursuant to section 3 and consult covered nongovernmental representatives, industry, institutions of higher education, and State and local governments in order to—

promote resilient critical supply chains; and

identify, prepare for, and respond to supply chain shocks to—

critical industries;

critical supply chains; and

critical and emerging technologies.

Encourage the growth and competitiveness of United States production and manufacturing in the United States of emerging technologies.

In consultation with the Secretary of State and the United States Trade Representative, support the availability of critical goods from domestic manufacturers, domestic enterprises, and manufacturing operations in countries that are allies or key international partner nations.

Assist the Federal Government in preparing for and responding to supply chain shocks to critical supply chains, including by improving flexible manufacturing capacities and capabilities in the United States.

Consistent with United States obligations under international agreements, encourage and incentivize the reduced reliance of domestic enterprises and domestic manufacturers on critical goods from countries that are described in section 7(2)(B).

Encourage the relocation of manufacturing facilities that manufacture critical goods from countries that are described in section 7(2)(B) to the United States and countries that are allies or key international partner nations to strengthen the resilience, diversity, and strength of critical supply chains.

Agency— The term “agency” has the meaning given that term in section 551 of title 5, United States Code.

Ally or key international partner nation— The term “ally or key international partner nation”—

means a country that is critical to addressing critical supply chain weaknesses and vulnerabilities; and

does not include—

a country that poses a significant risk to the national security or economic security of the United States; or

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).

Assistant Secretary— The term “Assistant Secretary” means the Assistant Secretary of Commerce assigned by the Secretary to direct the office of Industry and Analysis.

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.

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 debilitating impact on—

the national security or economic security of the United States; and

either—

critical infrastructure; or

an emerging technology.

Critical industry— The term “critical industry” means an industry that—

is critical for the national security or economic security of the United States; and

produces or procures a critical good.

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).

Critical supply chain— The term “critical supply chain” means a supply chain for a critical good.

Critical supply chain information— The term “critical supply chain information” means information that is not customarily in the public domain and relates to—

sustaining and adapting a critical supply chain during a supply chain shock;

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, supply chain risk evaluations, supply chain risk management planning, or risk audits; or

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.

Domestic enterprise— The term “domestic enterprise” means an enterprise that conducts business in the United States and procures a critical good.

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.

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:

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).

The following technologies:

Artificial intelligence.

Automated vehicles and unmanned delivery systems.

Blockchain and other distributed ledger, data storage, data management, and cybersecurity technologies.

Quantum computing and quantum sensing.

Additive manufacturing.

Advanced manufacturing and the Internet of Things.

Nano technology.

Robotics.

Microelectronics, optical fiber ray, and high performance and advanced computer hardware and software.

Semiconductors.

Advanced materials science, including composition 2D, other next generation materials, and related manufacturing technologies.

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).

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; and

does not include software unrelated to the manufacturing process.

Manufacturing technology— The term “manufacturing technology” means a technology that is necessary for the manufacturing of a critical good.

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.

Program— The term “program” means the critical supply chain resiliency and crisis response program established pursuant to section 103(a).

Relevant committees of Congress— The term “relevant committees of Congress” means the following:

Resilient critical supply chain— The term “resilient critical supply chain” means a critical supply chain that—

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

has key components of resilience that include—

effective private sector risk management and mitigation planning to sustain critical supply chains and supplier networks during a supply chain shock; and

minimized or managed exposure to a supply chain shock.

Secretary— The term “Secretary” means the Secretary of Commerce.

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.

Supply chain shock— The term “supply chain shock”—

means an event causing severe or serious disruption to normal operations or capacity in a supply chain; and

includes—

a natural disaster;

a pandemic;

a biological threat;

a cyber attack;

a geopolitical conflict;

a terrorist or geopolitical attack;

a trade disruption caused by—

a country described in paragraph (2)(B); or

an entity or an individual subject to the jurisdiction of such a country; and

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).