,,ii #aahth ,,congress #b;d ,session ,s4 #dcge ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ba1 #bjbd,ms4 ,cantwell 7for herself and ,mrs4 ,blackburn7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,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 title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,promoting ,resilient ,supply ,chains ,act of #bjbd4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,additional responsibilities of ,secretary of ,commerce4,sec4 #c4 ,critical supply chain resiliency and crisis response program4,sec4 #d4 ,critical supply chain innovation and best practices4,sec4 #e4 ,department of ,commerce capability assessment4,sec4 #f4 ,early warning mechanism for detecting potential supply chain shocks to critical supply chains4,sec4 #g4 ,definitions4 #b4 ,additional responsibilities of ,secretary of ,commerce 7a7 ,additional responsibilities ,in addition to the responsibilities of the ,secretary on the day before the date of the enactment of this ,act1 the ,secretary shall have the following 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 agencies1 covered nongovernmental representatives1 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 industries2 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 chains and critical industries 7including critical industries for emerging technologies74 7#e7 ,support the availability of critical goods from domestic manufacturers1 domestic enterprises1 and manufacturing operations in countries that are an ally or key international partner nation4 7#f7 ,assist the ,federal ,government in preparing for and responding to supply chain shocks to critical supply chains1 including by improving 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 enterprises and domestic manufacturers on critical goods from countries that are described in clause 7i7 or 7ii7 of section #g7b77;,b74 7#h7 ,encourage the relocation of manufacturing facilities that manufacture critical goods from countries that are described in clause 7i7 or 7ii7 of section #g7b77;,b7 to the ,united ,states and countries that are an ally or key international partner nation 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 ,capabilities and technical support ,in carrying out subsection 7a71 the ,secretary-- 7#a7 shall establish capabilities to-- 7,a7 assess the state of technology1 innovation1 and production capacity in the ,united ,states and other countries2 and 7,b7 conduct other activities that the ,secretary considers 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 #c4 ,critical supply chain resiliency and crisis response program 7a7 ,establishment ,not later than #ahj days after the date of the enactment of this ,act1 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 7b74 7b7 ,activities ,in carrying out the program1 the ,secretary shall conduct activities-- 7#a7 in coordination with the unified coordination group established under subsection 7c71 to-- 7,a7 map1 monitor1 and model critical supply chains1 including critical supply chains for emerging technologies1 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 goods1 production equipment1 and manufacturing technology needed for critical supply chains1 including critical goods1 production equipment1 and manufacturing technology obtained by 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 7,b7 identify high priority gaps and vulnerabilities1 which may include single points of failure1 in critical supply chains and critical industries 7including critical industries for emerging technologies7 that-- 7i7 exist as of the date of the enactment of this ,act2 or 7ii7 are anticipated to occur after the date of the enactment of this ,act2 7,c7 identify potential supply chain shocks to a critical supply chain that may disrupt1 strain1 compromise1 or eliminate the critical supply chain 7including supply chains involving emerging technologies72 7,d7 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 goods1 production equipment1 or manufacturing technology needed in critical supply chains 7including supply chains involving emerging technologies72 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 sources2 7#b7 in coordination with ,state and local governments and the unified coordination group established under subsection 7c71 and1 as appropriate1 in consultation with countries that are an ally or key international partner nation1 to-- 7,a7 identify opportunities to reduce gaps and vulnerabilities in critical supply chains and critical industries 7including critical industries for emerging technologies72 7,b7 encourage consultation between the ,federal ,government1 industry1 covered nongovernmental representatives1 institutions of higher education1 and ,state and local governments to-- 7i7 better respond to supply chain shocks to critical supply chains and critical industries 7including critical industries for emerging technologies72 and 7ii7 coordinate response efforts to supply chain shocks2 7,c7 encourage consultation between the ,federal ,government and the governments of countries that are an ally or key international partner nation2 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 an ally or key international partner nation in critical industries 7including critical industries for emerging technologies7 and critical supply chains2 7,f7 develop contingency plans and coordination mechanisms to improve the response of critical supply chains and critical industry 7including critical industries for emerging technologies7 to supply chain shocks2 and 7,g7 support methods and technologies1 including blockchain technology1 distributed ledger technology1 and other emerging technologies1 as appropriate1 for the authentication and traceability of critical goods2 7#c7 acting within the authority of the ,secretary that exists as of the date of the enactment of this ,act1 and in coordination and consultation with the ,secretary of ,state and the ,united ,states ,trade ,representative1 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 goods1 production equipment1 and manufacturing technology to the ,united ,states and companies located in countries that are an ally or key international partner nation2 7#d7 in consultation with other offices and divisions of the ,department of ,commerce and other agencies1 to leverage existing authorities 7as of the date of the enactment of this ,act7 to encourage the resilience of supply chains of critical industries 7including critical industries for emerging technologies72 and 7#e7 to determine which emerging technologies may assist in conducting the activities described in this subsection and promote such emerging technologies4 7c7 ,unified coordination group ,in conducting the activities described in subsection 7b71 the ,secretary1 in coordination and consultation with the heads of other relevant agencies1 shall-- 7#a7 establish a unified coordination group led by the ,secretary1 which shall include1 as appropriate1 private sector partners and covered nongovernmental representatives1 to serve as a body for consultation by agencies described in 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 established under paragraph 7#a7 that shall be 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 chains1 including critical supply chains for emerging technologies1 and inform planning for potential supply chain shocks2 7,c7 convene with relevant private sector entities to share best practices1 planning1 and capabilities to respond to potential supply chain shocks2 and 7,d7 factor in any relevant findings from the studies required by the ,american ,,compete ,act 7title ,,xv of division ,,ff of the ,consolidated ,appropriations ,act1 #bjba2 ,public ,law #aaf-bfj2 #acd ,stat4 #cbgf74 7d7 ,international cooperation ,the ,secretary1 in coordination and consultation with the ,secretary of ,state and the heads of other relevant agencies1 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 shocks4 7e7 ,designations ,the ,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 #d years1 including designations for technologies not described in section #g7ab77;,b7 that the ,secretary considers necessary4 7f7 ,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 ,act1 and not less frequently than once every #b years thereafter1 the ,secretary1 in consultation with the head of each relevant agency1 covered nongovernmental representative1 industry1 institution of higher education1 and ,state and local government1 shall submit to the relevant committees of ,congress and post on the website of the ,secretary a report that-- 7,a7 identifies-- 7i7 critical infrastructure that may assist in fulfilling the responsibilities described in section #b2 7ii7 emerging technologies that may assist in fulfilling the responsibilities described in section #b and carrying out the program1 including such technologies that may be critical to addressing preparedness1 weaknesses1 and vulnerabilities relating to critical supply chains2 7iii7 critical industries1 critical supply chains1 and critical goods designated under subsection 7e72 7iv7 other supplies 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 technologies1 as appropriate1 for the authentication and traceability of critical goods2 and 7vii7 countries that are an ally or key international partner nation2 7,b7 describes the matters identified and evaluated under subsection 7b77#a71 including-- 7i7 the manufacturing base1 critical supply chains1 and emerging technologies in the ,united ,states1 including the manufacturing base and critical supply chains for-- 7,i7 critical goods2 7,,ii7 production equipment2 and 7,,iii7 manufacturing technology2 and 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 assesses and describes-- 7i7 the demand and supply of critical goods1 production equipment1 and manufacturing technology2 7ii7 the 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 an ally or key international partner nation 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 industries 7including critical industries for emerging technologies72 7,e7 with regard to any threat identified under subparagraph 7,d71 lists any threat or supply chain shock that may originate from a country1 or a company or individual from a country1 that is described in clause 7i7 or 7ii7 of section #g7b77;,b72 7,f7 assesses-- 7i7 the resilience and capacity of the manufacturing base1 critical supply chains1 and workforce of the ,united ,states and countries that are an ally or key international partner nation that can sustain critical industries 7including critical industries for emerging technologies7 through a supply chain shock2 7ii7 the effect innovation has on domestic manufacturers2 and 7iii7 any single points of failure in the critical supply chains described in clause 7i72 7,g7 with respect to countries that are an ally or key international partner nation1 reviews the sourcing of critical goods1 production equipment1 and manufacturing technology associated with critical industries located in such countries2 7,h7 assesses the flexible manufacturing capacity and capability available in the ,united ,states in the case of a supply chain shock2 and 7,i7 develops a strategy for the ,department of ,commerce to support the resilience1 diversity1 security1 and strength of critical supply chains and emerging technologies to-- 7i7 support sufficient access to critical goods by mitigating vulnerabilities in critical supply chains1 including critical supply chains concentrated in countries that are described in clause 7i7 or 7ii7 of section #g7b77;,b72 7ii7 consult with other relevant agencies to assist countries that are an ally or key international partner nation in building capacity for manufacturing critical goods2 7iii7 recover from supply chain shocks2 7iv7 identify1 in consultation with other relevant agencies1 actions relating to critical supply chains or emerging technologies that the ,united ,states may take to-- 7,i7 raise living standards2 7,,ii7 increase employment opportunities2 and 7,,iii7 improve responses to supply chain shocks2 7v7 protect against supply chain shocks relating to critical supply chains from countries that are described in clause 7i7 or 7ii7 of section #g7b77;,b72 7vi7 support methods and technologies1 including blockchain technology1 distributed ledger technologies1 and other emerging technologies1 as appropriate1 for the authentication and traceability of critical goods2 and 7vii7 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 7including critical industries for emerging technologies71 by-- 7,i7 developing long-term strategies2 7,,ii7 increasing visibility into the networks and capabilities of domestic manufacturers and suppliers of 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 technologies7 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 resilient critical supply chains and fill gaps in domestic purchasing2 7,,ix7 identifying opportunities to consult with countries that are an ally or key international partner nation 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 resilient critical supply chains2 7,,xi7 in coordination with the ,secretary of ,state1 consulting with countries that are an ally or key international partner nation 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 ,secretary determines necessary2 and 7,,xiii7 providing guidance to other relevant agencies with respect to critical goods1 supply chains1 and critical industries 7including critical industries for emerging technologies7 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 ,form ,the report submitted under paragraph 7#a71 and any update submitted thereafter1 shall be submitted to the relevant committees of ,congress in unclassified form and may include a classified annex4 7#d7 ,public comment ,the ,secretary shall provide for a period of public comment and review in developing the report submitted under paragraph 7#a74 7g7 ,consultation ,not later than #a year after the date of the enactment of this ,act1 the ,secretary shall enter into an agreement with the head of any relevant agency to obtain any information1 data1 or assistance that the ,secretary determines necessary to conduct the activities described in subsection 7b74 7h7 ,rule of construction ,nothing in this section may be construed to require any private entity-- 7#a7 to share information with the ,secretary2 7#b7 to request assistance from the ,secretary2 or 7#c7 to implement any measure or recommendation suggested by the ,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 person or entity7 that is voluntarily submitted 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 may not be made available to any ,federal1 ,state1 local1 or ,tribal authority pursuant to any ,federal1 ,state1 local1 or ,tribal law requiring public disclosure of information or records2 and 7iii7 may not1 without the written consent of the person or entity submitting the information1 be used directly by the ,department of ,commerce1 or any other ,federal1 ,state1 or local authority in any civil enforcement action brought by a ,federal1 ,state1 or local authority4 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 section #c7;i77#a7 of the ,promoting ,resilient ,supply ,chains ,act of #bjbd42 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 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 shall terminate not later than the date that is #g years after the date of the enactment of this ,act4 #d4 ,critical supply chain innovation and best practices 7a7 ,in general ,the ,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 manufacturers1 domestic enterprises1 and other entities manufacturing1 procuring1 or using a critical good to-- 7#a7 measure the resilience1 diversity1 security1 and strength of the critical supply chains of such manufacturers1 enterprises1 and entities2 7#b7 quantify the value of improved resilience1 diversity1 security1 and strength of critical supply chains to such manufacturers1 enterprises1 and entities2 7#c7 design and implement measures to reduce the risks of disruption1 strain1 compromise1 or elimination of critical supply chains of such manufacturers1 enterprises1 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 ,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 heads of relevant agencies 7including agencies with jurisdiction over critical supply chains71 ,states1 local governments1 ,tribal ,governments1 countries that are an ally or key international partner nation1 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 manufacturers1 domestic enterprises1 and other entities manufacturing1 procuring1 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 the private sector1 including small businesses4 7#i7 ,leverage mechanisms that exist as of the date of the enactment of this ,act for the ,federal ,government to provide critical supply chain solutions 7including manufacturing technology1 products1 tools1 and workforce development solutions related to critical supply chain resilience7 to manufacturers1 including 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 ,secretary2 7#b7 require any private entity to request assistance from the ,secretary2 7#c7 require any private entity to implement any measure or recommendation suggested by the ,secretary in response to a request by the private entity2 or 7#d7 require the adoption of any guideline1 best practice1 management strategy1 methodology1 procedure1 or process described in subsection 7a74 #e4 ,department of ,commerce capability assessment 7a7 ,report required ,the ,secretary shall 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 or 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 ,commerce1 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 consultation with agencies implementing similar activities related to critical supply chain resilience and manufacturing innovation4 7b7 ,submission of report ,not later than #b years after the date of the enactment of this ,act1 the ,secretary shall submit to the relevant committees of ,congress the report required by subsection 7a71 along with a strategy to implement1 as appropriate and as determined by the ,secretary1 the recommendations contained in the report4 #f4 ,early warning mechanism for detecting potential supply chain shocks to critical supply chains 7a7 ,artificial intelligence defined ,in this section1 the term artificial intelligence has the meaning given that term in section #ejjb of the ,national ,artificial ,intelligence ,initiative ,act of #bjbj 7#ae ,u4,s4,c4 #idja74 7b7 ,development of mechanism ,the ,secretary1 in collaboration with the officials specified in subsection 7g71 shall develop an early warning mechanism designed to detect potential supply chain shocks to critical supply chains4 7c7 ,elements ,the mechanism required by subsection 7b7 shall-- 7#a7 where practicable1 use artificial intelligence or quantum hybrid computing-- 7,a7 to identify potential supply chain shocks to critical supply chains2 and 7,b7 to support industry to identify alternative suppliers and supplies1 and develop other methods1 to mitigate the effects of such supply chain shocks1 in coordination with the ,national ,economic ,council1 the ,national ,security ,council1 and other relevant agencies2 and 7#b7 include measures to protect any business proprietary and trade secret information obtained by the ,secretary in the event of public disclosure4 7d7 ,collection and analysis of data 7#a7 ,in general ,in implementing the mechanism required by subsection 7b71 the ,secretary may collect and analyze data from across the ,united ,states ,government and from the private sector4 7#b7 ,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-- 7,a7 to better respond to supply chain shocks to such supply chains1 including by coordinating response efforts2 and 7,b7 to facilitate efforts to identify potential disruptions in such supply chains4 7#c7 ,private sector data ,the ,secretary may collect data under paragraph 7#a7-- 7,a7 from a private sector entity only with the consent of the entity2 and 7,b7 about a private sector entity using publicly available information or analysis4 7#d7 ,data protection 7,a7 ,in general ,notwithstanding any other provision of law1 information about supply chain shocks to critical supply chains1 including the identity of a person voluntarily submitting the information to the ,department of ,commerce for use by the ,department under this section1 when accompanied by an express statement specified in subparagraph 7,b7-- 7i7 shall be exempt from disclosure under subsection 7b77#c7 of section #eeb of title #e1 ,united ,states ,code 7commonly referred to as the ,freedom of ,information ,act72 7ii7 may not be made available to any ,federal1 ,state1 local1 or ,tribal authority pursuant to any ,federal1 ,state1 local1 or ,tribal law requiring public disclosure of information or records2 and 7iii7 may not1 without the written consent of the person submitting the information1 be used directly by the ,department of ,commerce1 or any other ,federal1 ,state1 or local authority in any civil enforcement action brought by a ,federal1 ,state1 or local authority4 7,b7 ,express statement ,the express statement described in this subparagraph1 with respect to information1 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 section #f7;d77#d7 of the ,promoting ,resilient ,supply ,chains ,act of #bjbd42 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 7e7 ,private sector consultation ,in developing and implementing the mechanism required by subsection 7b71 the ,secretary shall consult with representatives of the private sector1 including industry1 civil society1 and institutions of higher education4 7f7 ,annual reports ,not later than one year after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary shall submit to ,congress a report on-- 7#a7 the status of the mechanism required by subsection 7b72 and 7#b7 potential supply chain shocks to critical supply chains detected using that mechanism4 7g7 ,officials specified ,the officials specified in this subsection are the following3 7#a7 ,the ,secretary of ,state4 7#b7 ,the ,secretary of ,defense4 7#c7 ,the ,secretary of ,homeland ,security4 7#d7 ,the ,secretary of ,transportation4 7#e7 ,the ,secretary of ,energy4 7#f7 ,the ,secretary of ,agriculture4 7#g7 ,the ,secretary of the ,interior4 7#h7 ,the ,secretary of ,health and ,human ,services4 7#i7 ,the ,united ,states ,trade ,representative4 7#aj7 ,the ,administrator of the ,small ,business ,administration4 #g4 ,definitions ,in this ,act3 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 a country that is critical to addressing critical supply chain weaknesses and vulnerabilities2 and 7,b7 does not include-- 7i7 a country that poses a significant risk to the national security or economic security of the ,united ,states2 or 7ii7 a country that is described in section #ejc7;b7 of the ,,ransomware ,act 7title ,v of division ,,bb of the ,consolidated ,appropriations ,act1 #bjbc2 ,public ,law #aag-cbh2 #acf ,stat4 #eefd74 7#c7 ,covered nongovernmental representative ,the term covered nongovernmental representative means a representative as specified in the second sentence of section #ace7;b77#a7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #baee7;b77#a771 except that such term does not include a representative of a non-,federal government4 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 for which an absence of supply 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 an emerging technology4 7#e7 ,critical industry ,the term critical industry means an industry that-- 7,a7 is critical for the national security or economic security of the ,united ,states2 and 7,b7 produces or procures a critical good4 7#f7 ,critical infrastructure ,the term critical infrastructure has the meaning given that term in section #ajaf of 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 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 relates to-- 7,a7 sustaining and adapting a critical supply chain 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 a critical supply chain 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 research and development1 engineering1 or production activities necessary for manufacturing a critical good4 7#aa7 ,emerging technology ,the term emerging technology means a technology that is critical for the national security or economic security of the ,united ,states1 including the following3 7,a7 ,technologies included in the ,american ,,compete ,act 7title ,,xv of division ,,ff of the ,consolidated ,appropriations ,act1 #bjba2 ,public ,law #aaf-bfj2 #acd ,stat4 #cbgf74 7,b7 ,the following technologies3 7i7 ,artificial intelligence4 7ii7 ,automated vehicles and unmanned delivery systems4 7iii7 ,blockchain and other distributed ledger1 data storage1 data management1 and cybersecurity technologies4 7iv7 ,quantum computing and quantum sensing4 7v7 ,additive manufacturing4 7vi7 ,advanced manufacturing and the ,internet of ,things4 7vii7 ,nano technology4 7viii7 ,robotics4 7ix7 ,microelectronics1 optical fiber ray1 and high performance and advanced computer hardware and software4 7x7 ,semiconductors4 7xi7 ,advanced materials science1 including composition #b;,d1 other next generation materials1 and related manufacturing technologies4 7#ab7 ,institution of higher education ,the term institution of higher education has the meaning given that term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 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 a technology that is necessary for the manufacturing of a critical good4 7#ae7 ,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#af7 ,program ,the term program means the critical supply chain resiliency and crisis response program established under section #c7;a74 7#ag7 ,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#ah7 ,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 industry1 including emerging technologies1 production1 critical supply chains1 services1 and access to critical goods1 production equipment1 and manufacturing technology during a supply chain shock2 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 and 7ii7 minimized or managed exposure to a supply chain shock4 7#ai7 ,secretary ,the term ,secretary means the ,secretary of ,commerce or a designee of the ,secretary4 7#bj7 ,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#ba7 ,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 geopolitical 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 #eagj2 #db ,u4,s4,c4 #eaia74 7,h7 ,any other disruption or threat to a critical supply chain that affects the national security or economic security of the ,united ,states4