[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