What This Bill Does
This bill creates a new office called the Supply Chain Resiliency and Crisis Response Office inside the Department of Commerce. The office will track, monitor, and plan for disruptions to supply chains that are critical to America's national security, economic security, and important infrastructure. The office will work with private businesses, labor unions, state governments, and other countries' governments to make supply chains stronger and respond when problems occur.
##
Who It Affects
- The Secretary of Commerce and a new Under Secretary who will lead the office
- Private companies that make or use critical goods and services
- Labor unions and worker organizations
- State governments and tribal governments
- U.S. Trade Representative and Secretary of State
- Other federal agencies involved with defense, homeland security, energy, health, and transportation
- Businesses in economically distressed areas
##
Key Provisions
- The Secretary of Commerce must establish the Supply Chain Resiliency and Crisis Response Office within 180 days after this law passes, with an Under Secretary leading it who is appointed by the President and approved by the Senate (Sec. 2(b), (d))
- The office will map, monitor, and model supply chains and identify gaps and vulnerabilities in critical industries and supplies that exist now or may happen in the future (Sec. 2(e)(1))
- The office will collect voluntary information from private companies about supply chains while keeping that information confidential under federal freedom of information laws (Sec. 2(g)(2)(A))
- The office must produce a detailed report every four years on supply chain resilience and domestic manufacturing, including assessments of demand, production capacity, risks, and recommendations for improvement (Sec. 2(i))
- The office will coordinate with multiple federal agencies including Defense, Homeland Security, Energy, Transportation, Labor, and Intelligence to plan for and respond to supply chain disruptions (Sec. 2(k))
##
What Changes
If this bill becomes law, the federal government will have a dedicated office specifically focused on understanding and strengthening critical supply chains. Private companies will be able to voluntarily share sensitive supply chain information with the government while keeping it protected from public disclosure. The government will conduct regular assessments of what could disrupt critical manufacturing and supplies, and make recommendations to protect American manufacturing jobs and economic security. The office will work internationally with allied countries to build stronger shared supply chains.
##
Important Definitions
**Critical Good or Service:** Any raw material, manufactured item, or supply that is so important that losing it would significantly harm America's national security, economic security, or critical infrastructure
**Critical Industry:** An industry that is critical for the national security or economic security of the United States
**Critical Infrastructure:** Has the same meaning given to it in the Critical Infrastructures Protection Act of 2001
**Supply Chain Shock:** Includes natural disasters, extreme weather, pandemics, cyberattacks, wars, terrorist attacks, economic disruptions, or any other event that disrupts supply chains and harms national or economic security
**Domestic Manufacturer:** A business that conducts research, development, engineering, or manufacturing in the United States, or will do so if it receives federal financial help
**Resilient Supply Chain:** A supply chain that allows the U.S. to maintain critical industry production and access to critical goods during disruptions, with good risk management, reduced exposure to shocks, and financial capacity to recover
**Key Technology Focus Areas:** Includes artificial intelligence, semiconductors, quantum computing, robotics, advanced manufacturing, biotechnology, cybersecurity, advanced energy technologies like batteries and solar materials, and advanced materials
##
Effective Date
The office must be established within 180 days after the bill becomes law. The Under Secretary has 180 days to designate which industries and supplies are "critical." Not specified in bill text for other provisions to take effect.
I
118TH CONGRESS
1ST SESSION
H. R. 796
To establish the Supply Chain Resiliency and Crisis Response Office in
the Department of Commerce, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 2, 2023
Ms. KELLY of Illinois (for herself, Ms. BLUNT ROCHESTER, Mrs. DINGELL,
and Ms. WILD) introduced the following bill; which was referred to the
Committee on Energy and Commerce
A BILL
To establish the Supply Chain Resiliency and Crisis Response
Office in the Department of Commerce, and for other
purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Supply Chain Mapping
4
and Monitoring Act’’.
5
SEC. 2. SUPPLY CHAIN RESILIENCY AND CRISIS RESPONSE
6
OFFICE.
7
(a) DEFINITIONS.—In this section:
8
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•HR 796 IH
(1) CRITICAL
GOOD
OR
SERVICE.—The term
1
‘‘critical good or service’’ means any raw, in process,
2
or manufactured material (including any mineral,
3
metal, or advanced processed material), article, com-
4
modity, supply, product, or item of supply the ab-
5
sence of which would have a significant effect on—
6
(A) the national security or economic secu-
7
rity of the United States; and
8
(B) critical infrastructure.
9
(2) CRITICAL
INDUSTRY.—The term ‘‘critical
10
industry’’ means an industry that is critical for the
11
national security or economic security of the United
12
States, considering key technology focus areas under
13
this section and critical infrastructure.
14
(3) CRITICAL
INFRASTRUCTURE.—The term
15
‘‘critical infrastructure’’ has the meaning given to
16
that term in the Critical Infrastructures Protection
17
Act of 2001 (42 U.S.C. 5195c).
18
(4) DOMESTIC
ENTERPRISE.—The term ‘‘do-
19
mestic enterprise’’ means an enterprise that con-
20
ducts business in the United States and procures a
21
critical good or service.
22
(5) DOMESTIC
MANUFACTURER.—The term
23
‘‘domestic manufacturer’’ means a business that—
24
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•HR 796 IH
(A) conducts in the United States the re-
1
search and development, engineering, or pro-
2
duction activities necessary or incidental to
3
manufacturing; or
4
(B) if provided financial assistance by the
5
Federal Government, will conduct in the United
6
States the research and development, engineer-
7
ing, or production activities necessary or inci-
8
dental to manufacturing.
9
(6) ECONOMICALLY
DISTRESSED
AREA.—The
10
term ‘‘economically distressed area’’ means an area
11
that meets 1 or more of the requirements described
12
in section 301(a) of the Public Works and Economic
13
Development Act of 1965 (42 U.S.C. 3161(a)).
14
(7) FEDERAL
AGENCY.—The term ‘‘Federal
15
agency’’ has the meaning given the term ‘‘agency’’
16
in section 551 of title 5, United States Code.
17
(8) INDUSTRIAL EQUIPMENT.—The term ‘‘in-
18
dustrial equipment’’ means any component, sub-
19
system, system, equipment, tooling, accessory, part,
20
or assembly necessary for the manufacturing of a
21
critical good or service.
22
(9) KEY
TECHNOLOGY
FOCUS
AREAS.—The
23
term ‘‘key technology focus areas’’ means the fol-
24
lowing:
25
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•HR 796 IH
(A) Artificial intelligence, machine learn-
1
ing, autonomy, and related advances.
2
(B) High-performance computing, semi-
3
conductors, and advanced computer hardware
4
and software.
5
(C) Quantum information science and
6
technology.
7
(D) Robotics, automation, and advanced
8
manufacturing.
9
(E) Natural and anthropogenic disaster
10
prevention or mitigation.
11
(F) Advanced communications technology,
12
including optical transmission components.
13
(G) Biotechnology, medical technology,
14
genomics, and synthetic biology.
15
(H) Data storage, data management, dis-
16
tributed ledger technologies, and cybersecurity,
17
including biometrics.
18
(I) Advanced energy and industrial efficacy
19
technologies, such as batteries, advanced nu-
20
clear technologies, and polysilicon for use in
21
solar photovoltaics, including for the purposes
22
of electric generation (consistent with section
23
15 of the National Science Foundation Act of
24
1950 (42 U.S.C. 1874)).
25
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•HR 796 IH
(J) Advanced materials science, including
1
composites and 2D materials and equipment,
2
aerospace grade metals, and aerospace specific
3
manufacturing enabling chemicals.
4
(10) LABOR ORGANIZATION.—The term ‘‘labor
5
organization’’ has the meaning given the term in
6
section 2(5) of the National Labor Relations Act (29
7
U.S.C. 152(5)), except that such term shall also in-
8
clude—
9
(A) any organization composed of labor or-
10
ganizations, such as a labor union federation or
11
a State or municipal labor body; and
12
(B) any organization which would be in-
13
cluded in the definition for such term under
14
such section 2(5) but for the fact that the orga-
15
nization represents—
16
(i) individuals employed by the United
17
States, any wholly owned Government cor-
18
poration, any Federal Reserve Bank, or
19
any State or political subdivision thereof;
20
(ii) individuals employed by persons
21
subject to the Railway Labor Act (45
22
U.S.C. 151 et seq.); or
23
(iii) individuals employed as agricul-
24
tural laborers.
25
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•HR 796 IH
(11)
MANUFACTURING
TECHNOLOGY.—The
1
term ‘‘manufacturing technology’’ means tech-
2
nologies that are necessary or incidental to the man-
3
ufacturing of a critical good or service.
4
(12) OFFICE.—The term ‘‘Office’’ means the
5
Supply Chain Resiliency and Crisis Response Office
6
established under subsection (b).
7
(13) RELEVANT COMMITTEES OF CONGRESS.—
8
The term ‘‘relevant committees of Congress’’
9
means—
10
(A) the Committee on Commerce, Science,
11
and Transportation of the Senate;
12
(B) the Committee on Appropriations of
13
the Senate;
14
(C) the Committee on Finance of the Sen-
15
ate;
16
(D) the Committee on Homeland Security
17
and Governmental Affairs of the Senate;
18
(E) the Committee on Armed Services of
19
the Senate;
20
(F) the Committee on Energy and Natural
21
Resources of the Senate;
22
(G) the Select Committee on Intelligence of
23
the Senate;
24
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•HR 796 IH
(H) the Committee on Science, Space, and
1
Technology of the House of Representatives;
2
(I) the Committee on Energy and Com-
3
merce of the House of Representatives;
4
(J) the Committee on Appropriations of
5
the House of Representatives;
6
(K) the Committee on Ways and Means of
7
the House of Representatives;
8
(L) the Committee on Homeland Security
9
of the House of Representatives;
10
(M) the Committee on Armed Services of
11
the House of Representatives; and
12
(N) the Permanent Select Committee on
13
Intelligence of the House of Representatives.
14
(14) RESILIENT
SUPPLY
CHAIN.—The term
15
‘‘resilient supply chain’’ means a supply chain
16
that—
17
(A) ensures that the United States can
18
sustain critical industry production, supply
19
chains, services, and access to critical goods and
20
services, industrial equipment, and manufac-
21
turing technology during supply chain shocks;
22
and
23
(B) has key components of resilience that
24
include—
25
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•HR 796 IH
(i) effective private sector risk man-
1
agement and mitigation planning to sus-
2
tain supply chains and supplier networks
3
during a supply chain shock;
4
(ii) minimized or managed exposure to
5
supply chain shocks; and
6
(iii) the financial and operational ca-
7
pacity to—
8
(I) sustain supply chains during
9
supply chain shocks; and
10
(II) recover from supply chain
11
shocks.
12
(15)
SECRETARY.—The
term
‘‘Secretary’’
13
means the Secretary of Commerce.
14
(16) STATE.—The term ‘‘State’’ means each
15
State of the United States, the District of Columbia,
16
American Samoa, Guam, the Commonwealth of the
17
Northern Mariana Islands, the Commonwealth of
18
Puerto Rico, the Virgin Islands of the United States,
19
and any other territory or possession of the United
20
States.
21
(17) SUPPLY CHAIN.—The term ‘‘supply chain’’
22
means a supply chain for a critical good or service.
23
(18) SUPPLY CHAIN INFORMATION.—The term
24
‘‘supply chain information’’ means information that
25
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•HR 796 IH
is not customarily in the public domain and relating
1
to—
2
(A) sustaining and adapting supply chains
3
during a supply chain shock;
4
(B) supply chain risk mitigation and recov-
5
ery planning with respect to a supply chain
6
shock, including any planned or past assess-
7
ment, projection, or estimate of a vulnerability
8
within the supply chain, including testing, sup-
9
plier network assessments, production flexi-
10
bility, risk evaluations thereto, risk manage-
11
ment planning, or risk audits; or
12
(C) operational best practices, planning,
13
and supplier partnerships that enable enhanced
14
resilience of supply chains during a supply
15
chain shock, including response, repair, recov-
16
ery, reconstruction, insurance, or continuity.
17
(19) SUPPLY CHAIN SHOCK.—The term ‘‘supply
18
chain shock’’ includes the following:
19
(A) A natural disaster or extreme weather
20
event.
21
(B) An accidental or human-caused event.
22
(C) An economic disruption.
23
(D) A pandemic.
24
(E) A biological threat.
25
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•HR 796 IH
(F) A cyberattack.
1
(G) A great power conflict.
2
(H) A terrorist or geopolitical attack.
3
(I) Any other supply chain disruption or
4
threat that affects the national security or eco-
5
nomic security of the United States.
6
(20) TRIBAL GOVERNMENT.—The term ‘‘Tribal
7
government’’ means Indian Tribes, Alaska Native
8
Tribal entities, and Native Hawaiian communities.
9
(21) UNDER
SECRETARY.—The term ‘‘Under
10
Secretary’’ means the Under Secretary of the Office
11
of Supply Chain Resiliency and Crisis Response ap-
12
pointed pursuant to subsection (d).
13
(b) ESTABLISHMENT.—Not later than 180 days after
14
the date of enactment of this Act, the Secretary shall es-
15
tablish a Supply Chain Resiliency and Crisis Response Of-
16
fice to carry out the activities described in subsection (e).
17
(c) MISSION.—The mission of the Office shall be the
18
following:
19
(1) Help to promote the leadership of the
20
United States with respect to critical industries and
21
supply chains that—
22
(A) strengthen the national security of the
23
United States; and
24
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•HR 796 IH
(B) have a significant effect on the eco-
1
nomic security of the United States.
2
(2) Encourage partnerships and collaboration
3
with the Federal Government and the private sector,
4
labor organizations, the governments of countries
5
that are allies or key international partners of the
6
United States, State governments and political sub-
7
divisions of a State, and Tribal governments in order
8
to—
9
(A) promote the resilience of supply
10
chains; and
11
(B) respond to supply chain shocks to—
12
(i) critical industries; and
13
(ii) supply chains.
14
(3) Monitor the resilience, diversity, security,
15
and strength of supply chains and critical industries,
16
including by—
17
(A) monitoring the financial and oper-
18
ational conditions of domestic manufacturers
19
and domestic enterprises;
20
(B) performing stress tests for critical in-
21
dustries, supply chains, domestic enterprises,
22
and domestic manufacturers;
23
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•HR 796 IH
(C) monitoring the demand and supply of
1
critical goods and services, industrial equip-
2
ment, and manufacturing technology;
3
(D) monitoring manufacturing, warehous-
4
ing, transportation, and distribution; and
5
(E) working in partnership with the co-
6
ordination group established under subsection
7
(g), as applicable.
8
(4) Support the development, maintenance, im-
9
provement, competitiveness, restoration, and expan-
10
sion of the productive capacities, efficiency, and
11
workforce of critical industries and domestic manu-
12
facturers of critical goods and services, industrial
13
equipment, and manufacturing technology.
14
(5) Prepare for and take appropriate steps to
15
minimize the effects of supply chain shocks on crit-
16
ical industries and supply chains.
17
(6) Support the creation of jobs with competi-
18
tive wages in the manufacturing sector.
19
(7) Encourage manufacturing growth and op-
20
portunities in economically distressed areas and
21
communities of color.
22
(8) Promote the health of the economy of the
23
United States and the competitiveness of manufac-
24
turing in the United States.
25
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•HR 796 IH
(9) Coordinate executive branch actions nec-
1
essary to carry out the functions described in para-
2
graphs (1) through (8).
3
(d) UNDER SECRETARY OF THE OFFICE.—
4
(1) APPOINTMENT
AND
TERM.—The head of
5
the Office shall be the Under Secretary of the Office
6
of Supply Chain Resiliency and Crisis Response, ap-
7
pointed by the President, by and with the advice and
8
consent of the Senate, for a term of not more than
9
5 years.
10
(2) PAY.—The Under Secretary shall be com-
11
pensated at the rate in effect for level II of the Ex-
12
ecutive Schedule under section 5313 of title 5,
13
United States Code.
14
(3)
ADMINISTRATIVE
AUTHORITIES.—The
15
Under Secretary may appoint officers and employees
[Text truncated for display. Full text available on Congress.gov.]