Sec. 4. Critical supply chain monitoring program
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The Assistant Secretary shall establish in the Department of Commerce a supply chain resiliency and crisis program to carry out the following activities described in subsection (b). Under the program, the Assistant Secretary, shall carry out the following activities: In coordination with the private sector and consultation with the coordination group established under subsection (c)— map, monitor, and model the diversity, security, reliability, and strength of critical supply chains, which may include— understanding the financial and operational conditions of domestic manufacturers and domestic enterprises involved in critical supply chains; modeling the impact of supply chain shocks on critical industries, critical supply chains, domestic enterprises, and domestic manufacturers; monitoring the demand for and supply of critical goods and services, industrial equipment, and manufacturing technology needed for critical supply chains, including critical goods and services, industrial 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; identify high priority critical supply chain gaps and vulnerabilities, which may include single points of failure, single producers, and consolidated manufacturing, in critical industries and critical supply chains 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; 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, industrial equipment, or manufacturing technology needed in critical 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, industrial equipment, and manufacturing technology from non-Federal sources.
In coordination with the private sector, States or political subdivisions thereof, and Tribal governments, in consultation with the coordination group established under subsection (c), and, as appropriate, in cooperation with the governments of countries that are allies or key international partner nations of the United States, the following: Identify opportunities to reduce critical supply chain gaps and vulnerabilities in critical industries and critical supply chains. Encourage partnerships between the Federal Government and industry, labor organizations, States and political subdivisions thereof, territorial and Tribal governments, to better respond to supply chain shocks to critical industries and critical supply chains and coordinate response efforts.
Encourage partnerships 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 industries and critical supply chains. Develop or identify opportunities to build the capacity of countries that are allies or key international partner nations of the United States in critical industries and critical supply chains.
Develop coordination mechanisms to improve critical supply chain response to supply chain shocks. Acting within existing authorities of the Department of Commerce and in coordination with the Secretary of State and the United States Trade Representative, work with governments of countries that are allies or key international partner nations of the United States to promote diversified and resilient critical supply chains that ensure the supply of critical goods, industrial equipment, and manufacturing technology to the United States and companies of countries that are allies or key international partner nations of the United States.
Coordinate with other offices and divisions of the Department of Commerce and other Federal agencies to leverage existing authorities, as of the date of the enactment of this Act, to encourage the resilience of supply chains of critical industries. In carrying out the applicable activities under subsection (a), the Assistant Secretary shall establish a unified coordination group led by the Assistant Secretary which may include, as appropriate, private sector partners, labor organizations, and federally funded research and development centers, to serve as a body for consultation and coordination between and among Federal agencies described under subsection
(f)to plan for and respond to supply chain shocks and support the resilience, diversity, security, and strength of critical supply chains. Through the unified coordination group established under paragraph (1), the Assistant Secretary shall do the following: 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 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. In carrying out the activities described in paragraph (2), the Assistant Secretary may establish subgroups of the unified coordination group established under paragraph
(1)led by the head of an appropriate Federal agency. The Secretary, in consultation with other relevant Federal agencies, may cooperate or enter into agreements with governments of countries that are allies or key international partner nations of the United States relating to enhancing the security and resilience of critical supply chains in response to supply chain shocks. The Assistant Secretary shall— not later than 270 days after the date of the enactment of this Act, designate— critical industries; 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. Concurrent with the annual submission by the Secretary of the budget under section 1105 of title 31, United States Code, the Secretary shall submit to the relevant committees of Congress and post on the website of the Assistant Secretary a report that contains a summary of the activities carried out under this section during the fiscal year covered by the report. Such report shall be submitted in unclassified form and may include a classified annex. In implementing the requirements under this section, the Assistant Secretary shall, as appropriate coordinate with— the heads of appropriate Federal agencies, including— the Secretary of State; and the United States Trade Representative; and the Attorney General and the Federal Trade Commission with respect to— advice on the design and activities of the unified coordination group described in subsection (c)(1); and ensuring compliance with Federal antitrust law. In carrying out the requirements under this section, with respect to critical supply chains involving specific sectors, the Assistant Secretary shall, as appropriate, coordinate with— the Secretary of Defense; the Secretary of Homeland Security; the Secretary of the Treasury; the Secretary of Energy; the Secretary of Transportation; the Secretary of Agriculture; the Director of National Intelligence; the Secretary of Health and Human Services; the Small Business Administration; the Secretary of Labor; and the head of any other relevant Federal agency, as appropriate. Nothing in this section shall 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 that requests assistance from the Secretary or Assistant Secretary to implement any measure or recommendation suggested by the Secretary or Assistant Secretary. Subsections (a)(1), (b), and
(d)of section 2224 of the Homeland Security Act of 2002 ( 6 U.S.C. 673 ) shall apply to the voluntary submission of critical supply chain information by a private entity under this section in the same manner as those provisions apply to critical infrastructure information voluntarily submitted to a covered agency for another informational purpose under that subsection if the voluntary submission is accompanied by an express statement described in paragraph
(2)of this subsection. For the purpose of this subsection, with respect to section 2224 of the Homeland Security Act of 2002 ( 6 U.S.C. 673 )— the express statement described in subsection (a)(1) of that section shall be deemed to refer to the express statement described in paragraph
(2)of this subsection; references in the subsections described in subparagraph
(A)to this subtitle shall be deemed to refer to this section; the reference to protecting critical infrastructure or protected systems in subsection (a)(1)(E)(iii) of that section shall be deemed to refer to carrying out this section; and the reference to critical infrastructure information in subsections
(b)and
(c)of that section shall be deemed to refer to critical supply chain information. The express statement described in this paragraph, 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 section 4(h) of the ; or Supply Chain Health And Integrity for the Nation’s Success Act . in the case of oral information, a written statement similar to the statement described in subparagraph
(A)submitted within a reasonable period following the oral communication. This subsection shall not apply to the voluntary submission of critical supply chain information by a private entity in an application for Federal financial assistance under section 9902 of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ). Nothing in subsection
(h)shall 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 supply chain information in a manner not covered by subsection (h), 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 subsection (h), a permissible use of independently obtained supply chain information includes the disclosure of such information under section 2302(b)(8) of title 5, United States Code. This section shall be applied in a manner consistent with United States obligations under international agreements.
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