[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