Sec. 4. Critical supply chain resiliency and crisis response program

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Not later than 180 days after the date of enactment of this Act, the Assistant Secretary shall establish in the Department of Commerce a supply chain resiliency program to carry out the activities described in subsection (b). Under the program, the Assistant Secretary shall carry out activities— in coordination with the coordination group established under subsection (c), to— map, monitor, and model critical supply chains, including emerging technology supply chains, which may include— modeling the impact of supply chain shocks on critical industries (including critical industries for emerging technologies), critical supply chains, domestic enterprises, and domestic manufacturers; 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 monitoring manufacturing, warehousing, transportation, and distribution related to critical supply chains; and 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— exist as of the date of the enactment of this section; or are anticipated in the future; identify potential supply chain shocks that may disrupt, strain, compromise, or eliminate a critical supply chain, including emerging technology supply chains; 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; 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; evaluate the state of the manufacturing workforce, including by— identifying the needs of domestic manufacturers; and identifying opportunities to create high-quality manufacturing jobs; and identify investments in critical goods, production equipment, and manufacturing technology from non-Federal sources. in coordination with the State and local governments, and the coordination group established under subsection (c), and, as appropriate, in cooperation with the governments of countries that are allies or key international partner nations of the United States, to— identify opportunities to reduce critical supply chain gaps and vulnerabilities in critical supply chains, critical industries, and emerging technologies; encourage consultation between the Federal Government, and partnerships between industry, non-governmental organizations, institutions of higher education, and State and local governments to— better respond to supply chain shocks to critical supply chains, critical industries, and emerging technologies; and coordinate response efforts; encourage consultation between the Federal Government and the governments of countries that are allies or key international partner nations of the United States; develop or identify opportunities to build the capacity of the United States in critical supply chains, critical industries, and emerging technologies; 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; develop contingency plans and coordination mechanisms to improve critical supply chain, critical industry, and emerging technology supply chain response to supply chain shocks; and support methods and technologies, including blockchain technology, distributed ledger technology, and other emerging technologies as appropriate, for the authentication and traceability of critical goods; acting within the existing authorities of the Department of Commerce, and in consultation with the Secretary of State and the United States Trade Representative, consult with governments of countries that are allies or key international partner nations of the United States to promote diversified and resilient critical supply chains that ensure the supply of critical goods, production equipment, and manufacturing technology to the United States and companies of countries that are allies or key international partner nations of the United States; consult with other offices and divisions of the Department of Commerce and other Federal agencies to leverage existing authorities, as of the date of the enactment of this Act, to encourage the resilience of supply chains of critical industries and emerging technologies; and to determine what emerging technologies may assist in accomplishing the activities described in this subsection and promote emerging technologies.

In carrying out the applicable activities under subsection (a), the Assistant Secretary shall— establish a unified coordination group led by the Assistant Secretary, which shall include, as appropriate, 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 to supply chain shocks and support the resilience, diversity, security, and strength of critical supply chains; establish subgroups of the unified coordination group if established under paragraph (1), led by the head of an appropriate agency; and through the unified coordination group established under paragraph (1)— 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 ); study the critical supply chain information acquired under subparagraph

(A)to assess critical supply chain, including emerging technology supply chain resilience, and inform planning; convene with relevant private sector entities to share best practices, planning, and capabilities to respond to potential supply chain shocks; develop contingency plans and coordination mechanisms to ensure an effective and coordinated response to potential supply chain shocks; and factor in any relevant findings from the studies required in the American COMPETE Act ( Public Law 116–260 ; 134 Stat. 3276). 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 the security and resilience of critical supply chains in response to supply chain shocks. The Assistant Secretary shall— not later than 270 days after the date of the enactment of this Act, designate— critical industries; critical supply chains; and critical goods; provide for a period of public comment and review in carrying out paragraph (1); and 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. 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— identifies— critical infrastructure that may assist in fulfilling the responsibilities described in section 3; 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; critical industries, critical supply chains, and critical goods designated under section 4(d); other goods, supplies, and services that are critical to the crisis preparedness of the United States; substitutes for critical goods, production equipment, and manufacturing technology; methods and technologies, including blockchain technology, distributed ledger technology, and other emerging technologies as appropriate, for the authentication and traceability of critical goods; and countries that are critical to addressing critical supply chain weaknesses and vulnerabilities; describes the matters identified and evaluated pursuant to section 4(b)(1), including— the manufacturing base and critical supply chains and emerging technologies in the United States, including the manufacturing base and critical supply chains for— essential materials; production equipment; 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 manufacturing technology; the ability of the United States to— maintain readiness with respect to preparing for and responding to supply chain shocks; and in response to a supply chain shock— surge production in critical industries; surge production of critical goods and production equipment; and maintain access to critical goods, production equipment, and manufacturing technology; an assessment and description of— demand and supply of critical goods, production equipment, and manufacturing technology; production of critical goods, production equipment, and manufacturing technology by domestic manufacturers; 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 how supply chain shocks could affect rural, Tribal, and underserved communities; identifies threats and supply chain shocks that may disrupt, strain, compromise, or eliminate critical supply chains, critical goods, and critical industries, including emerging technologies; 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— is described in section 503(b) of the RANSOMWARE Act ( Public Law 117–238 : 136 Stat. 5564); or poses a significant national security or economic security threat to the United States; assesses— 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; the effect innovation has on domestic manufacturing; and any single points of failure in the critical supply chains described in clause (i); 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; assesses the flexible manufacturing capacity and capability available in the United States in the case of a supply chain shock; develop a strategy for the Department of Commerce to support the resilience, diversity, security, and strength of critical supply chains and emerging technologies to: Support sufficient access to critical goods by mitigating critical supply chain vulnerabilities, including critical supply chains concentrated in countries of concern. Collaborate with other relevant Federal agencies to assist allies or key international partner nations build capacity for manufacturing critical goods. Recover from supply chain shocks. Identify, in consultation with other relevant Federal agencies, actions relating to critical supply chains with which the United States might— raise living standards; increase employment opportunities; and improve response to supply chain shocks. Protect against supply chain shocks from countries of concern relating to critical supply chains. Support methods and technologies, including blockchain technology, distributed ledger technologies, and other emerging technologies as appropriate, for the authentication and traceability of critical goods. 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— developing long-term strategies; increasing visibility into the networks and capabilities of suppliers and domestic manufacturers; identifying industry best practices; 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— critical industries in the United States; emerging technologies in the United States; jobs in the United States; manufacturing capabilities of the United States; and the access of the United States to critical goods during a supply chain shock; identifying and mitigating risks, including— significant vulnerabilities to supply chain shocks; and 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; identifying enterprise resource planning systems that are— compatible across critical supply chain tiers; and affordable for all sizes of business and for startups; understanding the total cost of ownership, total value contribution, and other best practices that encourage strategic partnerships throughout critical supply chains; understanding Federal procurement opportunities to increase resiliency of critical supply chains for goods and services and fill gaps in domestic purchasing; 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; identifying opportunities to reuse and recycle critical goods, including raw materials, to increase the resilience of critical supply chains; consulting with countries on— sourcing critical goods, production equipment, and manufacturing technology; and developing, sustaining, and expanding production and availability of critical goods, production equipment, and manufacturing technology during a supply chain shock; identifying such other services as the Assistant Secretary determines necessary; 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. The report submitted under paragraph

(1)may not include— critical supply chain information that is not aggregated; confidential business information of a private sector entity; or classified information. 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. 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. The Assistant Secretary shall provide for a period of public comment and review in developing the report. 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— is described in section 503(b) of the RANSOMWARE Act ( Public Law 117–238 : 136 Stat. 5564); or poses a significant national security or economic security threat to the United States. 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. In implementing the program, the Assistant Secretary may, as appropriate, consult with the heads of relevant Federal agencies. Nothing in this section may be construed to require any private entity— to share information with the Secretary or Assistant Secretary; to request assistance from the Secretary or Assistant Secretary; or to implement any measure or recommendation suggested by the Secretary or Assistant Secretary in response to a request by the private entity. 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)— 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 ); is not subject to any agency rules or judicial doctrine regarding ex parte communications with a decision making official; 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; 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— in furtherance of an investigation or the prosecution of a criminal act; or when disclosure of the information would be— 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 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; may not, if provided to a State or local government or government agency— be made available pursuant to any State or local law requiring disclosure of information or records; 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 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 does not constitute a waiver of any applicable privilege or protection provided under law, such as trade secret protection. The express statement described in this subparagraph, with respect to information or records, is— 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 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. 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. 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. 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. 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 ). the program established under this section shall terminate no later than 7 years after the date of enactment of this Act.

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134 Stat. 3276
136 Stat. 5564

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Sec. 4

Critical supply chain resiliency and crisis response program

Pub. L.Public Law 116-260

Pub. L.Public Law 117-238

Pub. L.Public Law 116-283

Stat.134 Stat. 3276

Stat.136 Stat. 5564

Cites 5Cited by 0 across 0 sources