[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4375 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 4375
To establish a critical supply chain resiliency and crisis response
program in the Department of Commerce, and to secure American
leadership in deploying emerging technologies, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 21, 2024
Ms. Cantwell (for herself and Mrs. Blackburn) introduced the following
bill; which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To establish a critical supply chain resiliency and crisis response
program in the Department of Commerce, and to secure American
leadership in deploying emerging technologies, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Promoting
Resilient Supply Chains Act of 2024''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Additional responsibilities of Secretary of Commerce.
Sec. 3. Critical supply chain resiliency and crisis response program.
Sec. 4. Critical supply chain innovation and best practices.
Sec. 5. Department of Commerce capability assessment.
Sec. 6. Early warning mechanism for detecting potential supply chain
shocks to critical supply chains.
Sec. 7. Definitions.
SEC. 2. ADDITIONAL RESPONSIBILITIES OF SECRETARY OF COMMERCE.
(a) Additional Responsibilities.--In addition to the
responsibilities of the Secretary on the day before the date of the
enactment of this Act, the Secretary shall have the following
responsibilities:
(1) Promote the leadership of the United States with
respect to critical industries, critical supply chains, and
emerging technologies that--
(A) strengthen the national security of the United
States; and
(B) have a significant effect on the economic
security of the United States.
(2) Encourage consultation with other agencies, covered
nongovernmental representatives, industry, institutions of
higher education, and State and local governments in order to--
(A) promote resilient critical supply chains; and
(B) identify, prepare for, and respond to supply
chain shocks to--
(i) critical industries;
(ii) critical supply chains; and
(iii) emerging technologies.
(3) Encourage the growth and competitiveness of United
States productive capacities and manufacturing in the United
States of emerging technologies.
(4) Monitor the resilience, diversity, security, and
strength of critical supply chains and critical industries
(including critical industries for emerging technologies).
(5) Support the availability of critical goods from
domestic manufacturers, domestic enterprises, and manufacturing
operations in countries that are an ally or key international
partner nation.
(6) 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.
(7) 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 clause (i)
or (ii) of section 7(2)(B).
(8) Encourage the relocation of manufacturing facilities
that manufacture critical goods from countries that are
described in clause (i) or (ii) of section 7(2)(B) to the
United States and countries that are an ally or key
international partner nation to strengthen the resilience,
diversity, security, and strength of critical supply chains.
(9) Support the creation of jobs with competitive wages in
the United States manufacturing sector.
(10) Encourage manufacturing growth and opportunities in
rural and underserved communities.
(11) Promote the health of the economy of the United States
and the competitiveness of manufacturing in the United States.
(b) Capabilities and Technical Support.--In carrying out subsection
(a), the Secretary--
(1) shall establish capabilities to--
(A) assess the state of technology, innovation, and
production capacity in the United States and other
countries; and
(B) conduct other activities that the Secretary
considers to be critical for the use of analytic
capabilities, statistics, datasets, and metrics related
to critical technologies and innovation; and
(2) may utilize external organizations to provide
independent and objective technical support.
SEC. 3. CRITICAL SUPPLY CHAIN RESILIENCY AND CRISIS RESPONSE PROGRAM.
(a) Establishment.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall establish in the Department
of Commerce a critical supply chain resiliency and crisis response
program to conduct the activities described in subsection (b).
(b) Activities.--In carrying out the program, the Secretary shall
conduct activities--
(1) in coordination with the unified coordination group
established under subsection (c), to--
(A) map, monitor, and model critical supply chains,
including critical supply chains for emerging
technologies, which may include--
(i) 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) 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) monitoring manufacturing,
warehousing, transportation, and distribution
related to critical supply chains;
(B) 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) exist as of the date of the enactment
of this Act; or
(ii) are anticipated to occur after the
date of the enactment of this Act;
(C) 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) 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) 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) evaluate the state of the manufacturing
workforce, including by--
(i) identifying the needs of domestic
manufacturers; and
(ii) identifying opportunities to create
high-quality manufacturing jobs; and
(G) identify investments in critical goods,
production equipment, and manufacturing technology from
non-Federal sources;
(2) 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) identify opportunities to reduce gaps and
vulnerabilities in critical supply chains and critical
industries (including critical industries for emerging
technologies);
(B) encourage consultation between the Federal
Government, industry, covered nongovernmental
representatives, institutions of higher education, and
State and local governments to--
(i) better respond to supply chain shocks
to critical supply chains and critical
industries (including critical industries for
emerging technologies); and
(ii) coordinate response efforts to supply
chain shocks;
(C) encourage consultation between the Federal
Government and the governments of countries that are an
ally or key international partner nation;
(D) develop or identify opportunities to build the
capacity of the United States in critical supply
chains, critical industries, and emerging technologies;
(E) 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) 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) 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) acting within the authority of the Secretary that
exists as of the date of the enactment of this Act, and in
coordination and 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) 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) to determine which emerging technologies may assist in
conducting the activities described in this subsection and
promote such emerging technologies.
(c) Unified Coordination Group.--In conducting the activities
described in subsection (b), the Secretary, in coordination and
consultation with the heads of other relevant agencies, shall--
(1) establish a unified coordination group led by the
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) establish subgroups of the unified coordination group
established under paragraph (1) that shall be led by the head
of an appropriate agency; and
(3) through the unified coordination group established
under paragraph (1)--
(A) acquire on a voluntary basis technical,
engineering, and operational critical supply chain
information from the private sector, in a manner that
ensures any critical supply chain information provided
by the private sector is kept confidential and is
exempt from disclosure under section 552(b)(3) of title
5, United States Code (commonly known as the ``Freedom
of Information Act'');
(B) study the critical supply chain 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) convene with relevant private sector entities
to share best practices, planning, and capabilities to
respond to potential supply chain shocks; and
(D) 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) International Cooperation.--The Secretary, in coordination and
consultation with the Secretary of State and the heads of 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) Designations.--The Secretary shall--
(1) not later than 270 days after the date of the enactment
of this Act, designate--
(A) critical industries;
(B) critical supply chains; and
(C) critical goods;
(2) provide for a period of public comment and review in
carrying out paragraph (1); and
(3) update the designations made under paragraph (1) not
less frequently than once every 4 years, including designations
for technologies not described in section 7(12)(B) that the
Secretary considers necessary.
(f) National Strategy and Review on Critical Supply Chain
Resiliency and Manufacturing in the United States.--
(1) 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 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 Secretary
a report that--
(A) identifies--
(i) critical infrastructure that may assist
in fulfilling the responsibilities described in
section 2;
(ii) 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) critical industries, critical supply
chains, and critical goods designated under
subsection (e);
(iv) other supplies and services that are
critical to the crisis preparedness of the
United States;
(v) substitutes for critical goods,
production equipment, and manufacturing
technology;
(vi) 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) countries that are an ally or key
international partner nation;
(B) describes the matters identified and evaluated
under subsection (b)(1), including--
(i) the manufacturing base, critical supply
chains, and emerging technologies in the United
States, including the manufacturing base and
critical supply chains for--
(I) critical goods;
(II) production equipment; and
(III) manufacturing technology; and
(ii) the ability of the United States to--
(I) maintain readiness with respect
to preparing for and responding to
supply chain shocks; and
(II) in response to a supply chain
shock--
(aa) surge production in
critical industries;
(bb) surge production of
critical goods and production
equipment; and
(cc) maintain access to
critical goods, production
equipment, and manufacturing
technology;
(C) assesses and describes--
(i) the demand and supply of critical
goods, production equipment, and manufacturing
technology;
(ii) the production of critical goods,
production equipment, and manufacturing
technology by domestic manufacturers;
(iii) 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) how supply chain shocks could affect
rural, Tribal, and underserved communities;
(D) 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) 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 7(2)(B);
(F) assesses--
(i) 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) the effect innovation has on domestic
manufacturers; and
(iii) any single points of failure in the
critical supply chains described in clause (i);
(G) 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) assesses the flexible manufacturing capacity
and capability available in the United States in the
case of a supply chain shock; and
(I) 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) 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 7(2)(B);
(ii) 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) recover from supply chain shocks;
(iv) identify, in consultation with other
relevant agencies, actions relating to critical
supply chains or emerging technologies that the
United States may take to--
(I) raise living standards;
(II) increase employment
opportunities; and
(III) improve responses to supply
chain shocks;
(v) protect against supply chain shocks
relating to critical supply chains from
countries that are described in clause (i) or
(ii) of section 7(2)(B);
(vi) 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) 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) developing long-term
strategies;
(II) increasing visibility into the
networks and capabilities of domestic
manufacturers and suppliers of domestic
manufacturers;
(III) identifying industry best
practices;
(IV) 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) critical industries in
the United States;
(bb) emerging technologies
in the United States;
(cc) jobs in the United
States;
(dd) manufacturing
capabilities of the United
States; and
(ee) the access of the
United States to critical goods
during a supply chain shock;
(V) identifying and mitigating
risks, including--
(aa) significant
vulnerabilities to supply chain
shocks; and
(bb) 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) identifying enterprise
resource planning systems that are--
(aa) compatible across
critical supply chain tiers;
and
(bb) affordable for all
sizes of business and for
startups;
(VII) understanding the total cost
of ownership, total value contribution,
and other best practices that encourage
strategic partnerships throughout
critical supply chains;
(VIII) understanding Federal
procurement opportunities to increase
resilient critical supply chains and
fill gaps in domestic purchasing;
(IX) 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) identifying opportunities to
reuse and recycle critical goods,
including raw materials, to increase
resilient critical supply chains;
(XI) in coordination with the
Secretary of State, consulting with
countries that are an ally or key
international partner nation on--
(aa) sourcing critical
goods, production equipment,
and manufacturing technology;
and
(bb) developing,
sustaining, and expanding
production and availability of
critical goods, production
equipment, and manufacturing
technology during a supply
chain shock;
(XII) identifying such other
services as the Secretary determines
necessary; and
(XIII) 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) Prohibition.--The report submitted under paragraph (1)
may not include--
(A) critical supply chain information that is not
aggregated;
(B) confidential business information of a private
sector entity; or
(C) classified information.
(3) 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) Public comment.--The Secretary shall provide for a
period of public comment and review in developing the report
submitted under paragraph (1).
(g) Consultation.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall enter into an agreement with
the head of any relevant agency to obtain any information, data, or
assistance that the Secretary determines necessary to conduct the
activities described in subsection (b).
(h) Rule of Construction.--Nothing in this section may be construed
to require any private entity--
(1) to share information with the Secretary;
(2) to request assistance from the Secretary; or
(3) to implement any measure or recommendation suggested by
the Secretary in response to a request by the private entity.
(i) Protection of Voluntarily Shared Critical Supply Chain
Information.--
(1) Protection.--
(A) 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) 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) may not be made available to any
Federal, State, local, or Tribal authority
pursuant to any Federal, State, local, or
Tribal law requiring public disclosure of
information or records; and
(iii) may not, without the written consent
of the person or entity submitting the
information, be used directly by the Department
of Commerce, or any other Federal, State, or
local authority in any civil enforcement action
brought by a Federal, State, or local
authority.
(B) Express statement.--The express statement
described in this subparagraph, with respect to
information or records, is--
(i) 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 section 3(i)(1) of the Promoting
Resilient Supply Chains Act of 2024.''; or
(ii) 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) 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) 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) 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) 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) Sunset.--The program shall terminate not later than the date
that is 7 years after the date of the enactment of this Act.
SEC. 4. CRITICAL SUPPLY CHAIN INNOVATION AND BEST PRACTICES.
(a) In General.--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, domestic enterprises, and other
entities manufacturing, procuring, or using a critical good to--
(1) measure the resilience, diversity, security, and
strength of the critical supply chains of such manufacturers,
enterprises, and entities;
(2) quantify the value of improved resilience, diversity,
security, and strength of critical supply chains to such
manufacturers, enterprises, and entities;
(3) 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) support the authentication and traceability of critical
goods using blockchain technology, distributed ledger
technologies, and other emerging technologies as appropriate.
(b) Requirements.--In carrying out subsection (a), the Secretary
shall do the following:
(1) 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) Consult with the heads of relevant agencies (including
agencies with jurisdiction over critical supply chains),
States, local governments, Tribal Governments, countries that
are an ally or key international partner nation, and
international organizations, as necessary.
(3) 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,
domestic enterprises, and other entities manufacturing,
procuring, or using a critical good to achieve the goals of
subsection (a).
(4) Facilitate the design of--
(A) voluntary processes for selecting suppliers
that support the resilience, diversity, security, and
strength of critical supply chains; and
(B) methodologies to identify and mitigate the
effects of a disruption, strain, compromise, or
elimination of a critical supply chain.
(5) 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) 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) Incorporate relevant industry best practices.
(8) Consider the private sector, including small
businesses.
(9) 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) Rule of Construction.--Nothing in this section may be construed
to--
(1) require any private entity to share information with
the Secretary;
(2) require any private entity to request assistance from
the Secretary;
(3) require any private entity to implement any measure or
recommendation suggested by the Secretary in response to a
request by the private entity; or
(4) require the adoption of any guideline, best practice,
management strategy, methodology, procedure, or process
described in subsection (a).
SEC. 5. DEPARTMENT OF COMMERCE CAPABILITY ASSESSMENT.
(a) Report Required.--The Secretary shall produce a report--
(1) 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) identifying and assessing the purpose, legal authority,
effectiveness, efficiency, and limitations of each office or
bureau identified under paragraph (1); and
(3) providing recommendations to enhance the activities
related to critical supply chain resilience and manufacturing
innovation of the Department of Commerce, including--
(A) improving the effectiveness, efficiency, and
impact of the offices and bureaus identified under
paragraph (1);
(B) coordination across offices and bureaus
identified under paragraph (1); and
(C) consultation with agencies implementing similar
activities related to critical supply chain resilience
and manufacturing innovation.
(b) Submission of Report.--Not later than 2 years after the date of
the enactment of this Act, the Secretary shall submit to the 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.
SEC. 6. EARLY WARNING MECHANISM FOR DETECTING POTENTIAL SUPPLY CHAIN
SHOCKS TO CRITICAL SUPPLY CHAINS.
(a) Artificial Intelligence Defined.--In this section, the term
``artificial intelligence'' has the meaning given that term in section
5002 of the National Artificial Intelligence Initiative Act of 2020 (15
U.S.C. 9401).
(b) Development of Mechanism.--The Secretary, in collaboration with
the officials specified in subsection (g), shall develop an early
warning mechanism designed to detect potential supply chain shocks to
critical supply chains.
(c) Elements.--The mechanism required by subsection (b) shall--
(1) where practicable, use artificial intelligence or
quantum hybrid computing--
(A) to identify potential supply chain shocks to
critical supply chains; and
(B) to support industry to identify alternative
suppliers and supplies, and develop other methods, to
mitigate the effects of such supply chain shocks, in
coordination with the National Economic Council, the
National Security Council, and other relevant agencies;
and
(2) include measures to protect any business proprietary
and trade secret information obtained by the Secretary in the
event of public disclosure.
(d) Collection and Analysis of Data.--
(1) In general.--In implementing the mechanism required by
subsection (b), the Secretary may collect and analyze data from
across the United States Government and from the private
sector.
(2) Public sector data.--The Secretary is encouraged to
develop partnerships or collaborations with other Federal
agencies and with State and local governments to share
information relating to critical supply chains--
(A) to better respond to supply chain shocks to
such supply chains, including by coordinating response
efforts; and
(B) to facilitate efforts to identify potential
disruptions in such supply chains.
(3) Private sector data.--The Secretary may collect data
under paragraph (1)--
(A) from a private sector entity only with the
consent of the entity; and
(B) about a private sector entity using publicly
available information or analysis.
(4) Data protection.--
(A) In general.--Notwithstanding any other
provision of law, information about supply chain shocks
to critical supply chains, including the identity of a
person voluntarily submitting the information to the
Department of Commerce for use by the Department under
this section, when accompanied by an express statement
specified in subparagraph (B)--
(i) shall be exempt from disclosure under
subsection (b)(3) of section 552 of title 5,
United States Code (commonly referred to as the
``Freedom of Information Act'');
(ii) may not be made available to any
Federal, State, local, or Tribal authority
pursuant to any Federal, State, local, or
Tribal law requiring public disclosure of
information or records; and
(iii) may not, without the written consent
of the person submitting the information, be
used directly by the Department of Commerce, or
any other Federal, State, or local authority in
any civil enforcement action brought by a
Federal, State, or local authority.
(B) Express statement.--The express statement
described in this subparagraph, with respect to
information, is--
(i) 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 section 6(d)(4) of the Promoting
Resilient Supply Chains Act of 2024.''; or
(ii) 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.
(e) Private Sector Consultation.--In developing and implementing
the mechanism required by subsection (b), the Secretary shall consult
with representatives of the private sector, including industry, civil
society, and institutions of higher education.
(f) Annual Reports.--Not later than one year after the date of the
enactment of this Act, and annually thereafter, the Secretary shall
submit to Congress a report on--
(1) the status of the mechanism required by subsection (b);
and
(2) potential supply chain shocks to critical supply chains
detected using that mechanism.
(g) Officials Specified.--The officials specified in this
subsection are the following:
(1) The Secretary of State.
(2) The Secretary of Defense.
(3) The Secretary of Homeland Security.
(4) The Secretary of Transportation.
(5) The Secretary of Energy.
(6) The Secretary of Agriculture.
(7) The Secretary of the Interior.
(8) The Secretary of Health and Human Services.
(9) The United States Trade Representative.
(10) The Administrator of the Small Business
Administration.
SEC. 7. DEFINITIONS.
In this Act:
(1) Agency.--The term ``agency'' has the meaning given that
term in section 551 of title 5, United States Code.
(2) Ally or key international partner nation.--The term
``ally or key international partner nation''--
(A) means a country that is critical to addressing
critical supply chain weaknesses and vulnerabilities;
and
(B) does not include--
(i) a country that poses a significant risk
to the national security or economic security
of the United States; or
(ii) 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) 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.
(4) 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) the national security or economic security of
the United States; and
(B) either--
(i) critical infrastructure; or
(ii) an emerging technology.
(5) Critical industry.--The term ``critical industry''
means an industry that--
(A) is critical for the national security or
economic security of the United States; and
(B) produces or procures a critical good.
(6) 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).
(7) Critical supply chain.--The term ``critical supply
chain'' means a supply chain for a critical good.
(8) Critical supply chain information.--The term ``critical
supply chain information'' means information that is not
customarily in the public domain and relates to--
(A) sustaining and adapting a critical supply chain
during a supply chain shock;
(B) critical supply chain risk mitigation and
recovery planning with respect to a supply chain shock,
including any planned or past 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) 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.
(9) Domestic enterprise.--The term ``domestic enterprise''
means an enterprise that conducts business in the United States
and procures a critical good.
(10) Domestic manufacturer.--The term ``domestic
manufacturer'' means a business that conducts in the United
States the research and development, engineering, or production
activities necessary for manufacturing a critical good.
(11) 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) 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) The following technologies:
(i) Artificial intelligence.
(ii) Automated vehicles and unmanned
delivery systems.
(iii) Blockchain and other distributed
ledger, data storage, data management, and
cybersecurity technologies.
(iv) Quantum computing and quantum sensing.
(v) Additive manufacturing.
(vi) Advanced manufacturing and the
Internet of Things.
(vii) Nano technology.
(viii) Robotics.
(ix) Microelectronics, optical fiber ray,
and high performance and advanced computer
hardware and software.
(x) Semiconductors.
(xi) Advanced materials science, including
composition 2D, other next generation
materials, and related manufacturing
technologies.
(12) 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).
(13) 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) Manufacturing technology.--The term ``manufacturing
technology'' means a technology that is necessary for the
manufacturing of a critical good.
(15) 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.
(16) Program.--The term ``program'' means the critical
supply chain resiliency and crisis response program established
under section 3(a).
(17) Relevant committees of congress.--The term ``relevant
committees of Congress'' means the following:
(A) The Committee on Commerce, Science, and
Transportation of the Senate.
(B) The Committee on Energy and Commerce of the
House of Representatives.
(18) Resilient critical supply chain.--The term ``resilient
critical supply chain'' means a critical supply chain that--
(A) 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) has key components of resilience that include--
(i) effective private sector risk
management and mitigation planning to sustain
critical supply chains and supplier networks
during a supply chain shock; and
(ii) minimized or managed exposure to a
supply chain shock.
(19) Secretary.--The term ``Secretary'' means the Secretary
of Commerce or a designee of the Secretary.
(20) 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.
(21) Supply chain shock.--The term ``supply chain shock''
includes the following:
(A) A natural disaster.
(B) A pandemic.
(C) A biological threat.
(D) A cyber attack.
(E) A geopolitical conflict.
(F) A terrorist or geopolitical attack.
(G) 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).
(H) Any other disruption or threat to a critical
supply chain that affects the national security or
economic security of the United States.
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