,i #aahth ,,congress #ast ,session ,h4 ,r4 #fega ,,in ,,the ,,house ,,of ,,representatives ,december #d1 #bjbc,mr4 ,bucshon 7for himself and ,ms4 ,blunt ,rochester7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to establish a critical supply chain resiliency and crisis response program in the ,department of ,commerce1 and to secure ,american leadership in deploying emerging technologies1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,promoting ,resilient ,supply ,chains ,act of #bjbc4 #b4 ,definitions 7a7 ,definitions ,in this section3 7#a7 ,agency ,the term agency has the meaning given that term in section #eea of title #e1 ,united ,states ,code4 7#b7 ,ally or key international partner nation ,the term ally or key international partner nation-- 7,a7 means countries that are critical to addressing critical supply chain weaknesses and vulnerabilities2 and 7,b7 does not include-- 7i7 a country that poses a significant national security or economic security risk to the ,united ,states2 or 7ii7 a country that is described in section #ejc7;b7 of the ,,ransomware ,act 7,public ,law #aag-bch3 #acf ,stat4 #eefd74 7#c7 ,assistant secretary ,the term ,assistant ,secretary means the ,assistant ,secretary of ,commerce assigned by the ,secretary to direct the office of ,industry and ,analysis4 7#d7 ,critical good ,the term critical good means any raw1 in process1 or manufactured material 7including any mineral1 metal1 or advanced processed material71 article1 commodity1 supply1 product1 or item of supply the absence of which would have a significant effect on-- 7,a7 the national security or economic security of the ,united ,states2 and 7,b7 either 7i7 critical infrastructure2 or 7ii7 emerging technologies 7#e7 ,critical industry ,the term critical industry means an industry that is critical for the national security or economic security of the ,united ,states1 considering critical goods4 7#f7 ,critical infrastructure ,the term critical infrastructure has the meaning given to that term in the ,critical ,infrastructures ,protection ,act of #bjja 7#db ,u4,s4,c4 #eaie;c74 7#g7 ,critical supply chain ,the term critical supply chain means a critical supply chain for a critical good4 7#h7 ,critical supply chain information ,the term critical supply chain information means information that is not customarily in the public domain and relating to-- 7,a7 sustaining and adapting supply chains during a supply chain shock2 7,b7 critical supply chain risk mitigation and recovery planning with respect to a supply chain shock1 including any planned or past assessment1 projection1 or estimate of a vulnerability within the critical supply chain1 including testing1 supplier network assessments1 production flexibility1 risk evaluations1 risk management planning1 or risk audits2 or 7,c7 operational best practices1 planning1 and supplier partnerships that enable enhanced resilience of critical supply chains during a supply chain shock1 including response1 repair1 recovery1 reconstruction1 insurance1 or continuity4 7#i7 ,domestic enterprise ,the term domestic enterprise means an enterprise that conducts business in the ,united ,states and procures a critical good4 7#aj7 ,domestic manufacturer ,the term domestic manufacturer means a business that conducts in the ,united ,states the engineering1 or production activities necessary for manufacturing4 7#aa7 ,emerging technology ,the term emerging technology means technologies that are critical for the national security and economic security of the ,united ,states1 including-- 7,a7 technologies included in the ,american ,,compete ,act 7,public ,law #aaf-bfj2 #acd ,stat4 #cbgf72 and 7,b7 the following technologies3 7i7 artificial intelligence2 7ii7 automated vehicles and unmanned delivery systems2 7iii7 blockchain and other distributed ledger1 data storage1 data management1 and cybersecurity technologies2 7iv7 quantum computing and quantum sensing2 7v7 additive manufacturing2 7vi7 advanced manufacturing and the ,internet of ,things2 7vii7 nano technology2 7viii7 robotics2 7ix7 microelectronics1 optical fiber ray1 and high performance and advanced computer hardware and software2 7x7 semiconductors2 7xi7 ,advanced materials science1 including composition #b;,d1 other next gen materials1 and related manufacturing technologies4 7#ab7 ,institution of higher education ,the term institution of higher education has the meaning given that term under section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a774 7#ac7 ,manufacture ,the term manufacture means any activity that is necessary for the development1 production1 processing1 distribution1 or delivery of any raw1 in process1 or manufactured material 7including any mineral1 metal1 and advanced processed material71 article1 commodity1 supply1 product1 critical good1 or item of supply4 7#ad7 ,manufacturing technology ,the term manufacturing technology means technologies that are necessary for the manufacturing of a critical good4 7#ae7 ,non-governmental organization ,the term non-governmental organization means organizations that are described in section #baee7;b7 of title #ai of ,u4,s4 ,code1 excluding non-federal governments4 7#af7 ,production equipment ,the term production equipment means any component1 subsystem1 system1 equipment1 tooling1 accessory1 part1 or assembly necessary for the manufacturing of a critical good4 7#ag7 ,program ,the term program means the critical supply chain resiliency program established pursuant to section #d4 7#ah7 ,relevant committees of congress ,the term relevant committees of ,congress means the following3 7,a7 ,the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate4 7,b7 ,the ,committee on ,energy and ,commerce of the ,house of ,representatives4 7#ai7 ,resilient critical supply chain ,the term resilient critical supply chain means a critical supply chain that-- 7,a7 ensures that the ,united ,states can sustain critical industry 7including critical industries for emerging technologies71 production1 critical supply chains1 services1 and access to critical goods1 production equipment1 and manufacturing technology during supply chain shocks2 and 7,b7 has key components of resilience that include-- 7i7 effective private sector risk management and mitigation planning to sustain critical supply chains and supplier networks during a supply chain shock2 7ii7 minimized or managed exposure to supply chain shocks2 and 7#bj7 ,secretary ,the term ,secretary means the ,secretary of ,commerce4 7#ba7 ,state ,the term ,state means each of the several ,states1 the ,district of ,columbia1 each commonwealth1 territory1 or possession of the ,united ,states1 and each federally recognized ,indian ,tribe4 7#bb7 ,supply chain shock ,the term supply chain shock includes the following3 7,a7 ,a natural disaster4 7,b7 ,a pandemic4 7,c7 ,a biological threat4 7,d7 ,a cyber attack4 7,e7 ,a great power conflict4 7,f7 ,a terrorist or geopolitical attack4 7,g7 ,an event for which the ,president declares a major disaster or an emergency under section #dja or #eja1 respectively1 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj and #eaia74 7,h7 ,any other critical supply chain disruption or threat that affects the national security or economic security of the ,united ,states4 #c4 ,responsibilities assigned to ,assistant ,secretary 7a7 ,additional responsibilities ,the ,assistant ,secretary shall have the following additional responsibilities3 7#a7 ,promote the leadership of the ,united ,states with respect to critical industries1 critical supply chains1 and emerging technologies that-- 7,a7 ,strengthen the national security of the ,united ,states2 and 7,b7 ,have a significant effect on the economic security of the ,united ,states4 7#b7 ,encourage consultation with other ,federal agencies1 and partnerships with non-governmental organizations1 industry1 institutions of higher education1 and ,state and local governments in order to-- 7,a7 promote resilient critical supply chains2 and 7,b7 identify1 prepare for1 and respond to supply chain shocks to-- 7i7 critical industry2 7ii7 critical supply chains2 and 7iii7 emerging technologies4 7#c7 encourage the growth and competitiveness of ,united ,states productive capacities and manufacturing in the ,united ,states of emerging technologies4 7#d7 ,monitor the resilience1 diversity1 security1 and strength of critical supply chains1 critical industries and emerging technologies4 7#e7 ,support the availability of critical goods from domestic manufacturers1 domestic enterprises1 and manufacturing operations in the ,united ,states and in countries that are allies or key international partner nations4 7#f7 ,assist the ,federal ,government in preparing for and responding to critical supply chain shocks1 including by improving the flexible manufacturing capacities and capabilities in the ,united ,states4 7#g7 ,consistent with ,united ,states obligations under international agreements1 encourage and incentivize the reduced reliance of domestic entities and domestic manufacturers on critical goods from countries of concern4 7#h7 ,encourage the relocation of manufacturing facilities that manufacture critical goods from countries of concern to the ,united ,states and countries that are allies and key international partner nations to strengthen the resilience1 diversity1 security1 and strength of critical supply chains4 7#i7 ,support the creation of jobs with competitive wages in the ,united ,states manufacturing sector4 7#aj7 ,encourage manufacturing growth and opportunities in rural and underserved communities4 7#aa7 ,promote the health of the economy of the ,united ,states and the competitiveness of manufacturing in the ,united ,states4 7b7 ,expertise and staffing ,in executing the responsibilities under subsection 7a71 the ,assistant ,secretary-- 7#a7 shall establish capabilities to-- 7,a7 assess the state of technology1 innovation1 and production capacity in the ,united ,states and other nations2 and 7,b7 conduct other activities deemed to be critical for the use of analytic capabilities1 statistics1 datasets1 and metrics related to critical technologies and innovation2 and 7#b7 may utilize external organizations to provide independent and objective technical support4 #d4 ,critical supply chain resiliency and crisis response program 7a7 ,establishment ,not later than #ahj days after the date of enactment of this ,act1 the ,assistant ,secretary shall establish in the ,department of ,commerce a supply chain resiliency program to carry out the activities described in subsection 7b74 7b7 ,activities ,under the program1 the ,assistant ,secretary shall carry out activities-- 7#a7 in coordination with the coordination group established under subsection 7c71 to-- 7,a7 map1 monitor1 and model critical supply chains1 including emerging technology supply chains1 which may include-- 7i7 modeling the impact of supply chain shocks on critical industries 7including critical industries for emerging technologies71 critical supply chains1 domestic enterprises1 and domestic manufacturers2 7ii7 monitoring the demand for and supply of critical goods and services1 production equipment1 and manufacturing technology needed for critical supply chains1 including critical goods and services1 production equipment1 and manufacturing technology obtained or purchased from a person outside of the ,united ,states or imported into the ,united ,states2 and 7iii7 monitoring manufacturing1 warehousing1 transportation1 and distribution related to critical supply chains2 and 7,b7 identify high priority critical supply chain gaps and vulnerabilities1 which may include single points of failure in critical supply chains1 critical industries1 and emerging technologies that-- 7i7 exist as of the date of the enactment of this section2 or 7ii7 are anticipated in the future2 7,c7 identify potential supply chain shocks that may disrupt1 strain1 compromise1 or eliminate a critical supply chain1 including emerging technology supply chains2 7,d7 evaluate the capability and capacity of domestic manufacturers or manufacturers located in countries that are allies or key international partner nations to serve as sources for critical goods1 production equipment1 or manufacturing technology needed in critical supply chains1 including emerging technology supply chains2 7,e7 evaluate the effect on the national security and economic competitiveness of the ,united ,states1 including on consumer prices1 job losses1 and wages1 that may result from the disruption1 strain1 compromise1 or elimination of a critical supply chain2 7,f7 evaluate the state of the manufacturing workforce1 including by-- 7i7 identifying the needs of domestic manufacturers2 and 7ii7 identifying opportunities to create high-quality manufacturing jobs2 and 7,g7 identify investments in critical goods1 production equipment1 and manufacturing technology from non-,federal sources4 7#b7 in coordination with the ,state and local governments1 and the coordination group established under subsection 7c71 and1 as appropriate1 in cooperation with the governments of countries that are allies or key international partner nations of the ,united ,states1 to-- 7,a7 identify opportunities to reduce critical supply chain gaps and vulnerabilities in critical supply chains1 critical industries1 and emerging technologies2 7,b7 encourage consultation between the ,federal ,government1 and partnerships between industry1 non-governmental organizations1 institutions of higher education1 and ,state and local governments to-- 7i7 better respond to supply chain shocks to critical supply chains1 critical industries1 and emerging technologies2 and 7ii7 coordinate response efforts2 7,c7 encourage consultation between the ,federal ,government and the governments of countries that are allies or key international partner nations of the ,united ,states2 7,d7 develop or identify opportunities to build the capacity of the ,united ,states in critical supply chains1 critical industries1 and emerging technologies2 7,e7 develop or identify opportunities to build the capacity of countries that are allies or key international partner nations of the ,united ,states in critical industries 7including critical industries for emerging technologies71 and critical supply chains2 7,f7 develop contingency plans and coordination mechanisms to improve critical supply chain1 critical industry1 and emerging technology supply chain response to supply chain shocks2 and 7,g7 support methods and technologies1 including blockchain technology1 distributed ledger technology1 and other emerging technologies as appropriate1 for the authentication and traceability of critical goods2 7#c7 acting within the existing authorities of the ,department of ,commerce1 and in consultation with the ,secretary of ,state and the ,united ,states ,trade ,representative1 consult with governments of countries that are allies or key international partner nations of the ,united ,states to promote diversified and resilient critical supply chains that ensure the supply of critical goods1 production equipment1 and manufacturing technology to the ,united ,states and companies of countries that are allies or key international partner nations of the ,united ,states2 7#d7 consult with other offices and divisions of the ,department of ,commerce and other ,federal agencies to leverage existing authorities1 as of the date of the enactment of this ,act1 to encourage the resilience of supply chains of critical industries and emerging technologies2 and 7#e7 to determine what emerging technologies may assist in accomplishing the activities described in this subsection and promote emerging technologies4 7c7 ,coordination group ,in carrying out the applicable activities under subsection 7a71 the ,assistant ,secretary shall-- 7#a7 establish a unified coordination group led by the ,assistant ,secretary1 which shall include1 as appropriate1 private sector partners1 and non-governmental organizations1 to serve as a body for consultation among agencies described under subsection 7g7 to plan for and respond to supply chain shocks and support the resilience1 diversity1 security1 and strength of critical supply chains2 7#b7 establish subgroups of the unified coordination group if established under paragraph 7#a71 led by the head of an appropriate agency2 and 7#c7 through the unified coordination group established under paragraph 7#a7-- 7,a7 acquire on a voluntary basis technical1 engineering1 and operational critical supply chain information from the private sector1 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 #eeb7;b77#c7 of title #e1 ,united ,states ,code 7commonly known as the ,freedom of ,information ,act72 7,b7 study the critical supply chain information acquired under subparagraph 7,a7 to assess critical supply chain1 including emerging technology supply chain resilience1 and inform planning2 7,c7 convene with relevant private sector entities to share best practices1 planning1 and capabilities to respond to potential supply chain shocks2 7,d7 develop contingency plans and coordination mechanisms to ensure an effective and coordinated response to potential supply chain shocks2 and 7,e7 factor in any relevant findings from the studies required in the ,american ,,compete ,act 7,public ,law #aaf-bfj2 #acd ,stat4 #cbgf74 7#d7 ,international cooperation ,the ,secretary1 in consultation with other relevant ,federal agencies1 may consult with governments of countries that are allies or key international partner nations of the ,united ,states relating to enhancing the security and resilience of critical supply chains in response to supply chain shocks4 7d7 ,designations ,the ,assistant ,secretary shall-- 7#a7 not later than #bgj days after the date of the enactment of this ,act1 designate-- 7,a7 critical industries2 7,b7 critical supply chains2 and 7,c7 critical goods2 7#b7 provide for a period of public comment and review in carrying out paragraph 7#a72 and 7#c7 update the designations made under paragraph 7#a7 not less frequently than once every four years1 including designations for technologies not provided in the initial list described in section #b7;a77#aa77;,b7 that the ,assistant ,secretary deems necessary4 7e7 ,national strategy and review on critical supply chain resiliency and manufacturing in the united states 7#a7 ,in general ,not later than #a year after the date of the enactment of this section1 and not less than once every #b years thereafter1 the ,assistant ,secretary1 in consultation with the head of each relevant agency1 non-governmental organization1 industry1 institutions of higher education1 and ,state and local governments1 shall submit to the relevant committees of ,congress and post on the website of the ,assistant ,secretary a report that-- 7,a7 identifies-- 7i7 critical infrastructure that may assist in fulfilling the responsibilities described in section #c2 7ii7 emerging technologies that may assist in fulfilling the responsibilities described in section #c and the program described in subsection 7a71 and such technologies that may be critical to addressing critical supply chain preparedness1 weaknesses1 and vulnerabilities2 7iii7 critical industries1 critical supply chains1 and critical goods designated under section #d7;d72 7iv7 other goods1 supplies1 and services that are critical to the crisis preparedness of the ,united ,states2 7v7 substitutes for critical goods1 production equipment1 and manufacturing technology2 7vi7 methods and technologies1 including blockchain technology1 distributed ledger technology1 and other emerging technologies as appropriate1 for the authentication and traceability of critical goods2 and 7vii7 countries that are critical to addressing critical supply chain weaknesses and vulnerabilities2 7,b7 describes the matters identified and evaluated pursuant to section #d7;b77#a71 including-- 7i7 the manufacturing base and critical supply chains and emerging technologies in the ,united ,states1 including the manufacturing base and critical supply chains for-- 7,i7 essential materials2 7,,ii7 production equipment2 7,,iii7 critical goods1 including raw materials1 microelectronics and semiconductors1 and rare earth permanent magnets1 that are essential to the production of technologies and supplies for critical industries1 including emerging technologies2 and 7,,iv7 manufacturing technology2 7ii7 the ability of the ,united ,states to-- 7,i7 maintain readiness with respect to preparing for and responding to supply chain shocks2 and 7,,ii7 in response to a supply chain shock-- 7aa7 surge production in critical industries2 7bb7 surge production of critical goods and production equipment2 and 7cc7 maintain access to critical goods1 production equipment1 and manufacturing technology2 7,c7 an assessment and description of-- 7i7 demand and supply of critical goods1 production equipment1 and manufacturing technology2 7ii7 production of critical goods1 production equipment1 and manufacturing technology by domestic manufacturers2 7iii7 the capability and capacity of domestic manufacturers and manufacturers in countries that are allies or key international partner nations of the ,united ,states to manufacture critical goods1 production equipment1 and manufacturing technology2 and 7iv7 how supply chain shocks could affect rural1 ,tribal1 and underserved communities2 7,d7 identifies threats and supply chain shocks that may disrupt1 strain1 compromise1 or eliminate critical supply chains1 critical goods1 and critical industries1 including emerging technologies2 7,e7 with regard to any threat identified in subparagraph 7,d71 lists any threat or supply chain shock that may originate from a country1 company1 or individual from such country that-- 7i7 is described in section #ejc7;b7 of the ,,ransomware ,act 7,public ,law #aag-bch3 #acf ,stat4 #eefd72 or 7ii7 poses a significant national security or economic security threat to the ,united ,states2 7,f7 assesses-- 7i7 the resilience and capacity of the manufacturing base1 critical supply chains1 and workforce of the ,united ,states and allies and key international partner nations that can sustain critical industries1 including emerging technologies1 through a supply chain shock2 7ii7 the effect innovation has on domestic manufacturing2 and 7iii7 any single points of failure in the critical supply chains described in clause 7i72 7,g7 with respect to countries that are allies or key international partner nations of the ,united ,states1 review the sourcing of critical goods1 production equipment1 and manufacturing technology associated with critical industries from those countries2 7,h7 assesses the flexible manufacturing capacity and capability available in the ,united ,states in the case of a supply chain shock2 7,i7 develop a strategy for the ,department of ,commerce to support the resilience1 diversity1 security1 and strength of critical supply chains and emerging technologies to3 7i7 ,support sufficient access to critical goods by mitigating critical supply chain vulnerabilities1 including critical supply chains concentrated in countries of concern4 7ii7 ,collaborate with other relevant ,federal agencies to assist allies or key international partner nations build capacity for manufacturing critical goods4 7iii7 ,recover from supply chain shocks4 7iv7 ,identify1 in consultation with other relevant ,federal agencies1 actions relating to critical supply chains with which the ,united ,states might-- 7,i7 raise living standards2 7,,ii7 increase employment opportunities2 and 7,,iii7 improve response to supply chain shocks4 7v7 ,protect against supply chain shocks from countries of concern relating to critical supply chains4 7vi7 ,support methods and technologies1 including blockchain technology1 distributed ledger technologies1 and other emerging technologies as appropriate1 for the authentication and traceability of critical goods4 7vii7 ,make specific recommendations to effectuate the strategy under this section and improve the security and resiliency of manufacturing capacity and supply chains for critical industries1 including emerging technologies1 by-- 7,i7 developing long-term strategies2 7,,ii7 increasing visibility into the networks and capabilities of suppliers and domestic manufacturers2 7,,iii7 identifying industry best practices2 7,,iv7 evaluating how diverse supplier networks1 multi-platform and multi-region production capabilities and sources1 and integrated global and regional critical supply chains can enhance the resilience of-- 7aa7 critical industries in the ,united ,states2 7bb7 emerging technologies in the ,united ,states2 7cc7 jobs in the ,united ,states2 7dd7 manufacturing capabilities of the ,united ,states2 and 7ee7 the access of the ,united ,states to critical goods during a supply chain shock2 7,v7 identifying and mitigating risks1 including-- 7aa7 significant vulnerabilities to supply chain shocks2 and 7bb7 exposure to gaps and vulnerabilities in domestic capacity or capabilities and sources of imports needed to sustain critical industries 7including critical industries for emerging technologies71 or critical supply chains2 7,,vi7 identifying enterprise resource planning systems that are-- 7aa7 compatible across critical supply chain tiers2 and 7bb7 affordable for all sizes of business and for startups2 7,,vii7 understanding the total cost of ownership1 total value contribution1 and other best practices that encourage strategic partnerships throughout critical supply chains2 7,,viii7 understanding ,federal procurement opportunities to increase resiliency of critical supply chains for goods and services and fill gaps in domestic purchasing2 7,,ix7 identifying opportunities to consult with allies or key international partner nations of the ,united ,states to build more resilient critical supply chains and mitigate risks2 7,x7 identifying opportunities to reuse and recycle critical goods1 including raw materials1 to increase the resilience of critical supply chains2 7,,xi7 consulting with countries on-- 7aa7 sourcing critical goods1 production equipment1 and manufacturing technology2 and 7bb7 developing1 sustaining1 and expanding production and availability of critical goods1 production equipment1 and manufacturing technology during a supply chain shock2 7,,xii7 identifying such other services as the ,assistant ,secretary determines necessary2 7,,xiii7 provides guidance to the ,department of ,commerce and other relevant agencies with respect to technologies and supplies that should be prioritized to ensure ,united ,states leadership in the deployment of such technologies4 7#b7 ,prohibition ,the report submitted under paragraph 7#a7 may not include-- 7,a7 critical supply chain information that is not aggregated2 7,b7 confidential business information of a private sector entity2 or 7,c7 classified information4 7#c7 ,consultation ,not later than #a year after the date of enactment of this ,act1 the ,assistant ,secretary shall enter into agreements with the head of any relevant ,federal agency to obtain any information1 data1 or assistance that the ,assistant ,secretary determines to be necessary for developing the report4 7#d7 ,form ,the report1 and any update submitted thereafter1 shall be submitted to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate in unclassified form and may include a classified annex4 7#e7 ,public comment ,the ,assistant ,secretary shall provide for a period of public comment and review in developing the report4 7#f7 ,with regard to any threat identified in subparagraph 7,c71 lists any threat that may originate from a country1 company1 or individual from such country that-- 7,a7 is described in section #ejc7;b7 of the ,,ransomware ,act 7,public ,law #aag-bch3 #acf ,stat4 #eefd72 or 7,b7 poses a significant national security or economic security threat to the ,united ,states4 7f7 ,report to ,congress ,concurrent with the annual submission by the ,president of the budget under section #aaje of title #ca1 ,united ,states ,code1 the ,secretary shall submit to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and post on the website of the ,assistant ,secretary a report that contains a summary of every activity carried out under this ,act during the year covered by the report4 ,such report shall be submitted in unclassified form and may include a classified annex4 7g7 ,consultation ,in implementing the program1 the ,assistant ,secretary may1 as appropriate1 consult with the heads of relevant ,federal agencies4 7h7 ,rule of construction ,nothing in this section may be construed to require any private entity-- 7#a7 to share information with the ,secretary or ,assistant ,secretary2 7#b7 to request assistance from the ,secretary or ,assistant ,secretary2 or 7#c7 to implement any measure or recommendation suggested by the ,secretary or ,assistant ,secretary in response to a request by the private entity4 7i7 ,protection of voluntarily shared critical supply chain information 7#a7 ,protection 7,a7 ,in general ,notwithstanding any other provision of law1 critical supply chain information 7including the identity of the submitting entity7 that is voluntarily submitted by a private entity under this section to the ,department of ,commerce for use by the ,department for purposes of this section1 when accompanied by an express statement specified in subparagraph 7,b7-- 7i7 shall be exempt from disclosure under section #eeb7;b77#c7 of title #e1 ,united ,states ,code 7commonly referred to as the ,freedom of ,information ,act72 7ii7 is not subject to any agency rules or judicial doctrine regarding ex parte communications with a decision making official2 7iii7 may not1 without the written consent of the entity submitting such information1 be used directly by the ,department of ,commerce1 any other ,federal1 ,state1 or local authority1 or any third party1 in any civil action arising under ,federal or ,state law if such information is submitted in good faith2 7iv7 may not1 without the written consent of the entity submitting such information1 be used or disclosed by any officer or employee of the ,united ,states for purposes other than the purposes of this section1 except-- 7,i7 in furtherance of an investigation or the prosecution of a criminal act2 or 7,,ii7 when disclosure of the information would be-- 7aa7 to either ,house of ,congress1 or to the extent of matter within its jurisdiction1 any committee or subcommittee thereof1 any joint committee thereof1 or any subcommittee of any such joint committee2 or 7bb7 to the ,comptroller ,general of the ,united ,states1 or any authorized representative of the ,comptroller ,general1 in the course of the performance of the duties of the ,government ,accountability ,office2 7v7 may not1 if provided to a ,state or local government or government agency-- 7,i7 be made available pursuant to any ,state or local law requiring disclosure of information or records2 7,,ii7 otherwise be disclosed or distributed to any party by such ,state or local government or government agency without the written consent of the entity submitting such information2 or 7,,iii7 be used other than for the purpose of carrying out this section1 or in furtherance of an investigation or the prosecution of a criminal act2 and 7vi7 does not constitute a waiver of any applicable privilege or protection provided under law1 such as trade secret protection4 7,b7 ,express statement ,the express statement described in this subparagraph1 with respect to information or records1 is-- 7i7 in the case of written information or records1 a written marking on the information or records substantially similar to the following3 ,this information is voluntarily submitted to the ,federal ,government in expectation of protection from disclosure as provided by the provisions of the ,act of #bjbc42 or 7ii7 in the case of oral information1 a written statement similar to the statement described in clause 7i7 submitted within a reasonable period following the oral communication4 7#b7 ,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 #aj of title #e1 ,united ,states ,code4 7#c7 ,independently obtained information ,nothing in this subsection may be construed to limit or otherwise affect the ability of a ,state1 local1 or ,federal ,government entity1 agency1 or authority1 or any third party1 under applicable law1 to obtain critical supply chain information in a manner not covered by paragraph 7#a71 including any information lawfully and properly disclosed generally or broadly to the public and to use such information in any manner permitted by law4 ,for purposes of this subsection a permissible use of independently obtained information includes the disclosure of such information under section #bcjb7;b77#h7 of title #e1 ,united ,states ,code4 7#d7 ,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 law4 7#e7 ,inapplicability to semiconductor incentive program ,this subsection does not apply to the voluntary submission of critical supply chain information by a private entity in an application for ,federal financial assistance under section #iijb of the ,william ,m4 7,mac7 ,thornberry ,national ,defense ,authorization ,act for ,fiscal ,year #bjba 7,public ,law #aaf-bhc74 7j7 ,sunset the program established under this section shall terminate no later than #g years after the date of enactment of this ,act4 #e4 ,critical supply chain innovation and best practices 7a7 ,in general ,subject to the availability of appropriations1 the ,assistant ,secretary shall1 on an ongoing basis1 facilitate and support the development and dissemination of guidelines1 best practices1 management strategies1 methodologies1 procedures1 and processes for domestic manufacturers and entities manufacturing1 purchasing1 or using a critical good to-- 7#a7 measure the resilience1 diversity1 security1 and strength of the critical supply chains of such manufacturers and entities2 7#b7 quantify the value of improved resilience1 diversity1 security1 and strength of critical supply chains to such manufacturers and entities2 7#c7 design and implement measures to reduce the risks of disruption1 strain1 compromise1 or elimination of critical supply chains of such manufacturers and entities2 and 7#d7 support the authentication and traceability of critical goods using blockchain technology1 distributed ledger technologies1 and other emerging technologies as appropriate4 7b7 ,requirements ,in carrying out subsection 7a71 the ,assistant ,secretary shall do the following3 7#a7 ,consult closely and regularly with relevant private sector personnel and entities1 manufacturing extension centers established as part of the ,hollings ,manufacturing ,extension ,partnership1 ,manufacturing ,,usa institutes as described in section #cd7;d7 of the ,national ,institute of ,standards and ,technology ,act 7#ae ,u4,s4,c4 #bghs7d771 and other relevant stakeholders and incorporate industry expertise4 7#b7 ,consult with the head of any relevant ,federal agency1 including those with jurisdiction over critical supply chains1 ,states1 local governments1 ,tribal governments1 allied and key international partner nations1 and international organizations1 as necessary4 7#c7 ,collaborate with private sector stakeholders to identify prioritized1 flexible1 repeatable1 performance-based1 and cost-effective critical supply chain resilience approaches that may be voluntarily adopted by domestic manufacturers and entities purchasing or using a critical good to achieve the goals of subsection 7a74 7#d7 ,facilitate the design of-- 7,a7 voluntary processes for selecting suppliers that support the resilience1 diversity1 security1 and strength of critical supply chains2 and 7,b7 methodologies to identify and mitigate the effects of a disruption1 strain1 compromise1 or elimination of a critical supply chain4 7#e7 ,facilitate the identification or application of methods and technologies1 including blockchain technology1 distributed ledger technologies1 and other emerging technologies as appropriate1 for the authentication and traceability of critical goods4 7#f7 ,disseminate research and information to assist domestic manufacturers redesign products1 expand domestic manufacturing capacity1 and improve other capabilities as required to improve the resilience1 diversity1 security1 and strength of critical supply chains4 7#g7 ,incorporate relevant industry best practices4 7#h7 ,consider private sector1 including small business concerns4 7#i7 ,leverage existing mechanisms for the ,federal ,government to provide critical supply chain solutions1 including manufacturing technology1 to include providing products1 tools1 and workforce development solutions related to critical supply chain resilience to manufacturers1 including for small and medium sized manufacturers4 7c7 ,rule of construction ,nothing in this section may be construed to-- 7#a7 require any private entity to share information with the ,secretary or ,assistant ,secretary2 7#b7 require any private entity to request assistance from the ,secretary or ,assistant ,secretary2 7#c7 require any private entity to implement any measure or recommendation suggested by the ,secretary or ,assistant ,secretary in response to a request by the private entity2 or 7#d7 require the adoption of the guidelines1 best practices1 management strategies1 methodologies1 procedures1 and processes described in subsection 7a74 #f4 ,department of ,commerce capability assessment 7a7 ,assessment ,the ,secretary shall1 not later than two year after the date of the enactment of this ,act1 produce a report-- 7#a7 identifying the duties1 responsibilities1 resources1 programs1 and expertise within the offices and bureaus of the ,department of ,commerce relevant to critical supply chain resilience and manufacturing innovation2 7#b7 identifying and assessing the purpose1 legal authority1 effectiveness1 efficiency1 and limitations of each office and bureau identified under paragraph 7#a72 and 7#c7 providing recommendations to enhance the activities related to critical supply chain resilience and manufacturing innovation of the ,department of ,commerce including-- 7,a7 improving the effectiveness1 efficiency1 and impact of the offices and bureaus identified under paragraph 7#a72 7,b7 coordination across offices and bureaus identified under paragraph 7#a72 and 7,c7 consult with ,federal agencies implementing similar activities related to critical supply chain resilience and manufacturing innovation4 7b7 ,report ,the ,secretary shall provide the report required under subsection 7a7 to the relevant committees of ,congress1 along with a strategy to implement1 as appropriate and as determined by the ,secretary1 the recommendations under the report4