[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