[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5479 Introduced in House (IH)]

<DOC>






117th CONGRESS
  1st Session
                                H. R. 5479

To establish the Supply Chain Resiliency and Crisis Response Office in 
          the Department of Commerce, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 5, 2021

 Ms. Bourdeaux (for herself, Ms. Kelly of Illinois, and Mr. Kinzinger) 
 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Supply Chain Health And Integrity 
for the Nation Act'' or the ``Supply CHAIN Act''.

SEC. 2. SUPPLY CHAIN RESILIENCY AND CRISIS RESPONSE OFFICE.

    (a) Definitions.--In this section:
            (1) Critical good or service.--The term ``critical good or 
        service'' means any raw, in process, or manufactured material 
        (including any mineral, metal, or advanced processed material), 
        article, commodity, supply, product, or item of supply the 
        absence of which would have a significant effect on--
                    (A) the national security or economic security of 
                the United States; and
                    (B) critical infrastructure.
            (2) Critical industry.--The term ``critical industry'' 
        means an industry that is critical for the national security or 
        economic security of the United States, considering key 
        technology focus areas under this section and critical 
        infrastructure.
            (3) Critical infrastructure.--The term ``critical 
        infrastructure'' has the meaning given to that term in the 
        Critical Infrastructures Protection Act of 2001 (42 U.S.C. 
        5195c).
            (4) Domestic enterprise.--The term ``domestic enterprise'' 
        means an enterprise that conducts business in the United States 
        and procures a critical good or service.
            (5) Domestic manufacturer.--The term ``domestic 
        manufacturer'' means a business that--
                    (A) conducts in the United States the research and 
                development, engineering, or production activities 
                necessary or incidental to manufacturing; or
                    (B) if provided financial assistance by the Federal 
                Government, will conduct in the United States the 
                research and development, engineering, or production 
                activities necessary or incidental to manufacturing.
            (6) Economically distressed area.--The term ``economically 
        distressed area'' means an area that meets 1 or more of the 
        requirements described in section 301(a) of the Public Works 
        and Economic Development Act of 1965 (42 U.S.C. 3161(a)).
            (7) Federal agency.--The term ``Federal agency'' has the 
        meaning given the term ``agency'' in section 551 of title 5, 
        United States Code.
            (8) Industrial equipment.--The term ``industrial 
        equipment'' means any component, subsystem, system, equipment, 
        tooling, accessory, part, or assembly necessary for the 
        manufacturing of a critical good or service.
            (9) Key technology focus areas.--The term ``key technology 
        focus areas'' means the following:
                    (A) Artificial intelligence, machine learning, 
                autonomy, and related advances.
                    (B) High-performance computing, semiconductors, and 
                advanced computer hardware and software.
                    (C) Quantum information science and technology.
                    (D) Robotics, automation, and advanced 
                manufacturing.
                    (E) Natural and anthropogenic disaster prevention 
                or mitigation.
                    (F) Advanced communications technology, including 
                optical transmission components.
                    (G) Biotechnology, medical technology, genomics, 
                and synthetic biology.
                    (H) Data storage, data management, distributed 
                ledger technologies, and cybersecurity, including 
                biometrics.
                    (I) Advanced energy and industrial efficacy 
                technologies, such as batteries, advanced nuclear 
                technologies, and polysilicon for use in solar 
                photovoltaics, including for the purposes of electric 
                generation (consistent with section 15 of the National 
                Science Foundation Act of 1950 (42 U.S.C. 1874)).
                    (J) Advanced materials science, including 
                composites and 2D materials and equipment, aerospace 
                grade metals, and aerospace specific manufacturing 
                enabling chemicals.
            (10) Labor organization.--The term ``labor organization'' 
        has the meaning given the term in section 2(5) of the National 
        Labor Relations Act (29 U.S.C. 152(5)), except that such term 
        shall also include--
                    (A) any organization composed of labor 
                organizations, such as a labor union federation or a 
                State or municipal labor body; and
                    (B) any organization which would be included in the 
                definition for such term under such section 2(5) but 
                for the fact that the organization represents--
                            (i) individuals employed by the United 
                        States, any wholly owned Government 
                        corporation, any Federal Reserve Bank, or any 
                        State or political subdivision thereof;
                            (ii) individuals employed by persons 
                        subject to the Railway Labor Act (45 U.S.C. 151 
                        et seq.); or
                            (iii) individuals employed as agricultural 
                        laborers.
            (11) Manufacturing technology.--The term ``manufacturing 
        technology'' means technologies that are necessary or 
        incidental to the manufacturing of a critical good or service.
            (12) Office.--The term ``Office'' means the Supply Chain 
        Resiliency and Crisis Response Office established under 
        subsection (b).
            (13) Relevant committees of congress.--The term ``relevant 
        committees of Congress'' means--
                    (A) the Committee on Commerce, Science, and 
                Transportation of the Senate;
                    (B) the Committee on Appropriations of the Senate;
                    (C) the Committee on Finance of the Senate;
                    (D) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (E) the Committee on Armed Services of the Senate;
                    (F) the Committee on Energy and Natural Resources 
                of the Senate;
                    (G) the Select Committee on Intelligence of the 
                Senate;
                    (H) the Committee on Science, Space, and Technology 
                of the House of Representatives;
                    (I) the Committee on Energy and Commerce of the 
                House of Representatives;
                    (J) the Committee on Appropriations of the House of 
                Representatives;
                    (K) the Committee on Ways and Means of the House of 
                Representatives;
                    (L) the Committee on Homeland Security of the House 
                of Representatives;
                    (M) the Committee on Armed Services of the House of 
                Representatives; and
                    (N) the Permanent Select Committee on Intelligence 
                of the House of Representatives.
            (14) Resilient supply chain.--The term ``resilient supply 
        chain'' means a supply chain that--
                    (A) ensures that the United States can sustain 
                critical industry production, supply chains, services, 
                and access to critical goods and services, industrial 
                equipment, and manufacturing technology during supply 
                chain shocks; and
                    (B) has key components of resilience that include--
                            (i) effective private sector risk 
                        management and mitigation planning to sustain 
                        supply chains and supplier networks during a 
                        supply chain shock;
                            (ii) minimized or managed exposure to 
                        supply chain shocks; and
                            (iii) the financial and operational 
                        capacity to--
                                    (I) sustain supply chains during 
                                supply chain shocks; and
                                    (II) recover from supply chain 
                                shocks.
            (15) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
            (16) State.--The term ``State'' means each State of the 
        United States, the District of Columbia, American Samoa, Guam, 
        the Commonwealth of the Northern Mariana Islands, the 
        Commonwealth of Puerto Rico, the Virgin Islands of the United 
        States, and any other territory or possession of the United 
        States.
            (17) Supply chain.--The term ``supply chain'' means a 
        supply chain for a critical good or service.
            (18) Supply chain information.--The term ``supply chain 
        information'' means information that is not customarily in the 
        public domain and relating to--
                    (A) sustaining and adapting supply chains during a 
                supply chain shock;
                    (B) supply chain risk mitigation and recovery 
                planning with respect to a supply chain shock, 
                including any planned or past assessment, projection, 
                or estimate of a vulnerability within the supply chain, 
                including testing, supplier network assessments, 
                production flexibility, risk evaluations thereto, risk 
                management planning, or risk audits; or
                    (C) operational best practices, planning, and 
                supplier partnerships that enable enhanced resilience 
                of supply chains during a supply chain shock, including 
                response, repair, recovery, reconstruction, insurance, 
                or continuity.
            (19) Supply chain shock.--The term ``supply chain shock'' 
        includes the following:
                    (A) A natural disaster or extreme weather event.
                    (B) An accidental or human-caused event.
                    (C) An economic disruption.
                    (D) A pandemic.
                    (E) A biological threat.
                    (F) A cyberattack.
                    (G) A great power conflict.
                    (H) A terrorist or geopolitical attack.
                    (I) Any other supply chain disruption or threat 
                that affects the national security or economic security 
                of the United States.
            (20) Tribal government.--The term ``Tribal government'' 
        means Indian Tribes, Alaska Native Tribal entities, and Native 
        Hawaiian communities.
            (21) Under secretary.--The term ``Under Secretary'' means 
        the Under Secretary of the Office of Supply Chain Resiliency 
        and Crisis Response appointed pursuant to subsection (d).
    (b) Establishment.--Not later than 180 days after the date of 
enactment of this Act, the Secretary shall establish a Supply Chain 
Resiliency and Crisis Response Office to carry out the activities 
described in subsection (e).
    (c) Mission.--The mission of the Office shall be the following:
            (1) Help to promote the leadership of the United States 
        with respect to critical industries and supply chains that--
                    (A) strengthen the national security of the United 
                States; and
                    (B) have a significant effect on the economic 
                security of the United States.
            (2) Encourage partnerships and collaboration with the 
        Federal Government and the private sector, labor organizations, 
        the governments of countries that are allies or key 
        international partners of the United States, State governments 
        and political subdivisions of a State, and Tribal governments 
        in order to--
                    (A) promote the resilience of supply chains; and
                    (B) respond to supply chain shocks to--
                            (i) critical industries; and
                            (ii) supply chains.
            (3) Monitor the resilience, diversity, security, and 
        strength of supply chains and critical industries, including 
        by--
                    (A) monitoring the financial and operational 
                conditions of domestic manufacturers and domestic 
                enterprises;
                    (B) performing stress tests for critical 
                industries, supply chains, domestic enterprises, and 
                domestic manufacturers;
                    (C) monitoring the demand and supply of critical 
                goods and services, industrial equipment, and 
                manufacturing technology;
                    (D) monitoring manufacturing, warehousing, 
                transportation, and distribution; and
                    (E) working in partnership with the coordination 
                group established under subsection (g), as applicable.
            (4) Support the development, maintenance, improvement, 
        competitiveness, restoration, and expansion of the productive 
        capacities, efficiency, and workforce of critical industries 
        and domestic manufacturers of critical goods and services, 
        industrial equipment, and manufacturing technology.
            (5) Prepare for and take appropriate steps to minimize the 
        effects of supply chain shocks on critical industries and 
        supply chains.
            (6) Support the creation of jobs with competitive wages in 
        the manufacturing sector.
            (7) Encourage manufacturing growth and opportunities in 
        economically distressed areas and communities of color.
            (8) Promote the health of the economy of the United States 
        and the competitiveness of manufacturing in the United States.
            (9) Coordinate executive branch actions necessary to carry 
        out the functions described in paragraphs (1) through (8).
    (d) Under Secretary of the Office.--
            (1) Appointment and term.--The head of the Office shall be 
        the Under Secretary of the Office of Supply Chain Resiliency 
        and Crisis Response, appointed by the President, by and with 
        the advice and consent of the Senate, for a term of not more 
        than 5 years.
            (2) Pay.--The Under Secretary shall be compensated at the 
        rate in effect for level II of the Executive Schedule under 
        section 5313 of title 5, United States Code.
            (3) Administrative authorities.--The Under Secretary may 
        appoint officers and employees in accordance with chapter 51 
        and subchapter III of chapter 53 of title 5, United States 
        Code.
    (e) Activities.--The Under Secretary shall carry out the following 
activities:
            (1) In collaboration with the coordination group 
        established under subsection (g)--
                    (A) map, monitor, and model supply chains; and
                    (B) identify high priority supply chain gaps and 
                vulnerabilities in critical industries and supply 
                chains that--
                            (i) exist as of the date of the enactment 
                        of this section; or
                            (ii) are anticipated in the future.
            (2) Identify and evaluate--
                    (A) supply chain shocks that may disrupt, strain, 
                compromise, or eliminate a supply chain;
                    (B) short-term, medium-term, and long-term 
                manufacturing needs critical to the national security, 
                economic security, public health, and the environment 
                of the United States;
                    (C) the diversity, security, reliability, and 
                strength of--
                            (i) supply chains, including single point 
                        of failure, single producer, or consolidated 
                        manufacturing; and
                            (ii) the sources of critical goods and 
                        services, industrial equipment, or 
                        manufacturing technology, including those 
                        obtained or purchased from a person outside of 
                        the United States or imported into the United 
                        States;
                    (D) the demand and supply of critical goods and 
                services, industrial equipment, and manufacturing 
                technology;
                    (E) the availability, capability, and capacity of 
                domestic manufacturers or manufacturers in allied 
                nations or other key international partners to serve as 
                a source of a critical good or service, industrial 
                equipment, or manufacturing technology;
                    (F) the effect on the economic security of the 
                United States, including jobs and wages, that may 
                result from the disruption, strain, compromise, or 
                elimination of any supply chain;
                    (G) the state of the manufacturing workforce, 
                including--
                            (i) the needs of domestic manufacturers; 
                        and
                            (ii) opportunities to create high-quality 
                        manufacturing jobs; and
                    (H) investments in critical goods and services, 
                industrial equipment, or manufacturing technology from 
                non-Federal sources.
            (3) In collaboration with the coordination group 
        established under subsection (g), State governments and 
        political subdivisions of a State, and Tribal governments, and, 
        as appropriate, in cooperation with the governments of 
        countries that are allies or key international partners of the 
        United States--
                    (A) identify opportunities to reduce supply chain 
                gaps and vulnerabilities in critical industries and 
                supply chains;
                    (B) encourage partnerships between the Federal 
                Government and industry, labor organizations, State 
                governments and political subdivisions of a State, and 
                Tribal governments to better respond to supply chain 
                shocks to critical industries and supply chains and 
                coordinate response efforts;
                    (C) encourage partnerships between the Federal 
                Government and the governments of countries that are 
                allies or key international partners of the United 
                States;
                    (D) develop or identify opportunities to build the 
                capacity of the United States in critical industries 
                and supply chains;
                    (E) develop or identify opportunities to build the 
                capacity of countries that are allies or key 
                international partners of the United States in critical 
                industries and supply chains; and
                    (F) develop contingency plans and coordination 
                mechanisms to improve critical industry supply chain 
                response to supply chain shocks.
            (4) In coordination with the Secretary of State and the 
        United States Trade Representative--
                    (A) work with governments of countries that are 
                allies or key international partners of the United 
                States to promote diversified and resilient supply 
                chains industries that ensure the supply of critical 
                goods and services, industrial equipment, and 
                manufacturing technology to both the United States and 
                companies of countries that are allies or key 
                international partners of the United States; and
                    (B) coordinate with other offices and divisions of 
                the Department of Commerce and other Federal agencies 
                to use authorities, as of the date of the enactment of 
                this section, to encourage the resilience of supply 
                chains of critical industries.
            (5) Develop strategies and plans to recover from supply 
        chain shocks.
    (f) Continuous Monitoring.--The Under Secretary, in consultation 
with the head of any relevant Federal agency, including those with 
jurisdiction over supply chains, shall continuously monitor the 
resilience, diversity, security, and strength of supply chains.
    (g) Coordination Group.--
            (1) In general.--In carrying out the activities under 
        subsection (e), the Under Secretary shall establish a unified 
        coordination group led by the Under Secretary which shall 
        include private sector partners, labor organizations, and, as 
        appropriate, Federally Funded Research and Development Centers, 
        to serve as a method for coordinating between and among Federal 
        agencies described under subsection (k) to plan for and respond 
        to supply chain shocks and support the resilience, diversity, 
        security, and strength of supply chains.
            (2) Implementation.--Through the unified coordination group 
        established under paragraph (1), the Under Secretary shall--
                    (A) acquire on a voluntary basis technical, 
                engineering, and operational supply chain information 
                from the private sector in a manner that ensures any 
                supply chain information provided by the private sector 
                is kept confidential as required under section 
                552(b)(3) of title 5, United States Code (commonly 
                known as the ``Freedom of Information Act'');
                    (B) study the supply chain information acquired 
                under subparagraph (A) to--
                            (i) identify supply chains;
                            (ii) assess the resilience of supply 
                        chains;
                            (iii) identify supply chains vulnerable to 
                        disruption, strain, compromise, or elimination; 
                        and
                            (iv) inform planning;
                    (C) convene with relevant private sector entities 
                to share best practices, planning, and capabilities to 
                respond to potential supply chain shocks; and
                    (D) develop contingency plans and coordination 
                mechanisms to ensure an effective and coordinated 
                response to potential supply chain shocks.
            (3) Subgroups.--In carrying out the activities described in 
        paragraph (2), the Under Secretary may establish subgroups of 
        the unified coordination group established under paragraph (1) 
        led by the head of an appropriate Federal agency.
            (4) International agreements.--The Under Secretary, in 
        consultation with the United States Trade Representative and 
        any other relevant Federal agency, may enter into agreements 
        with governments of countries that are allies or key 
        international partners of the United States relating to 
        enhancing the security and resilience of supply chains in 
        response to supply chain shocks.
    (h) Designations.--Not later than 180 days after the date of 
enactment of this Act, the Under Secretary shall--
            (1) designate--
                    (A) critical industries;
                    (B) supply chains; and
                    (C) critical goods and services;
            (2) provide for a period of public comment and review in 
        carrying out paragraph (1); and
            (3) update the designations made under paragraph (1) not 
        less frequently than once every four years.
    (i) Quadrennial Report on Supply Chain Resiliency and Domestic 
Manufacturing.--
            (1) In general.--Not later than four years after the date 
        on which the final Sectoral Supply Chain Assessments report on 
        supply chains required under section 4(a) of Executive Order 
        14017 (relating to America's supply chains) is submitted, and 
        not later than once every four years thereafter, the Under 
        Secretary, in coordination with relevant Federal agencies and 
        relevant private sector entities, labor organizations, State 
        governments and political subdivisions of a State, and Tribal 
        governments, shall submit to the relevant committees of 
        Congress and post on the website of the Under Secretary a 
        report on supply chain resilience and domestic manufacturing 
        (in this subsection referred to as the ``report'') to 
        strengthen, improve, and preserve the diversity, security, 
        reliability, and strength of supply chains.
            (2) Elements.--In carrying out paragraph (1), the Under 
        Secretary shall--
                    (A) identify--
                            (i) the critical industries, supply chains, 
                        and critical goods and services designated 
                        under subsection (h);
                            (ii) supplies that are critical to the 
                        crisis preparedness of the United States;
                            (iii) substitutes for critical goods and 
                        services, industrial equipment, and 
                        manufacturing technology; and
                            (iv) the matters identified and evaluated 
                        pursuant to subsection (e)(3);
                    (B) provide a description of--
                            (i) the manufacturing base and supply 
                        chains in the United States, including the 
                        manufacturing base and supply chains for--
                                    (I) industrial equipment;
                                    (II) critical goods and services, 
                                including raw materials and 
                                semiconductors, that are essential to 
                                the production of technologies and 
                                supplies for critical industries; and
                                    (III) manufacturing technology; and
                            (ii) the ability of the United States to--
                                    (I) maintain readiness with respect 
                                to preparing for and responding to 
                                supply chain shocks; and
                                    (II) in response to a supply chain 
                                shock--
                                            (aa) surge production in 
                                        critical industries;
                                            (bb) surge production of 
                                        critical goods and services and 
                                        industrial equipment; and
                                            (cc) maintain access to 
                                        critical goods and services, 
                                        industrial equipment, and 
                                        manufacturing technology;
                    (C) provide an assessment and description of--
                            (i) demand and supply of critical goods and 
                        services, industrial equipment, and 
                        manufacturing technology;
                            (ii) production of critical goods and 
                        services, industrial equipment, and 
                        manufacturing technology by domestic 
                        manufacturers; and
                            (iii) the capability and capacity of 
                        domestic manufacturers and manufacturers in 
                        countries that are allies or key international 
                        partners of the United States to manufacture 
                        critical goods and services, industrial 
                        equipment, and manufacturing technology;
                    (D) identify defense, intelligence, homeland, 
                economic, domestic labor supply, natural, geopolitical, 
                or other contingencies and other supply chain shocks 
                that may disrupt, strain, compromise, or eliminate a 
                supply chain;
                    (E) provide an assessment of--
                            (i) the resilience and capacity of the 
                        manufacturing base, supply chains, and 
                        workforce of the United States, the allies of 
                        the United States, and the key international 
                        partners of the United States that can sustain 
                        critical industries through a supply chain 
                        shock;
                            (ii) the flexible manufacturing capacity 
                        and capabilities available in the United States 
                        in the case of a supply chain shock; and
                            (iii) the effect innovation has on domestic 
                        manufacturing;
                    (F) provide specific recommendations to improve the 
                security and resiliency of manufacturing capacity and 
                supply chains through--
                            (i) developing long-term strategies;
                            (ii) increasing visibility into the 
                        networks and capabilities of suppliers and 
                        domestic manufacturers;
                            (iii) identifying industry best practices;
                            (iv) evaluating how diverse supplier 
                        networks, multi-platform and multi-region 
                        production capabilities and sources, and 
                        integrated global and regional supply chains 
                        can--
                                    (I) enhance the resilience of 
                                critical industries in the United 
                                States;
                                    (II) support and create jobs in the 
                                United States;
                                    (III) enhance the resilience of 
                                manufacturing capabilities of the 
                                United States; and
                                    (IV) support access of the United 
                                States to critical goods and services 
                                during a supply chain shock;
                            (v) identifying and mitigating risks, 
                        including--
                                    (I) the financial and operational 
                                risks of a supply chain;
                                    (II) significant vulnerabilities to 
                                supply chain shocks and other 
                                emergencies; and
                                    (III) exposure to gaps and 
                                vulnerabilities in--
                                            (aa) domestic capacity or 
                                        capabilities; and
                                            (bb) sources of imports 
                                        needed to sustain critical 
                                        industries and supply chains;
                            (vi) identifying enterprise resource 
                        planning systems that are--
                                    (I) compatible across supply chain 
                                tiers; and
                                    (II) affordable for small- and 
                                medium-sized businesses;
                            (vii) understanding the total cost of 
                        ownership, total value contribution, and other 
                        best practices that encourage strategic 
                        partnerships throughout supply chains;
                            (viii) understanding Federal procurement 
                        opportunities to increase resiliency of supply 
                        chains and fill gaps in domestic purchasing of 
                        critical goods and services;
                            (ix) identifying policies that maximize job 
                        retention and creation in the United States, 
                        including workforce development programs;
                            (x) identifying opportunities to work with 
                        allies or key international partners of the 
                        United States in building more resilient 
                        critical industry supply chains and mitigating 
                        risks;
                            (xi) identifying areas requiring further 
                        investment in research and development or 
                        workforce education; and
                            (xii) identifying such other services as 
                        the Under Secretary determines necessary;
                    (G) provide guidance to the Department of Commerce, 
                the National Science Foundation, and other relevant 
                Federal agencies with respect to critical goods and 
                services, industrial equipment, and manufacturing 
                technologies that should be prioritized;
                    (H) with respect to countries that are allies or 
                key international partners of the United States--
                            (i) review and, if appropriate, provide 
                        recommendations for expanding the sourcing of 
                        critical goods and services, industrial 
                        equipment, and manufacturing technology 
                        associated with critical industries from those 
                        countries; and
                            (ii) recommend coordination with those 
                        countries on--
                                    (I) sourcing critical goods and 
                                services, industrial equipment, and 
                                manufacturing technology; and
                                    (II) developing, sustaining, and 
                                expanding production and availability 
                                of supply chains, critical goods and 
                                services, industrial equipment, and 
                                manufacturing technology during a 
                                supply chain shock;
                    (I) make recommendations for strengthening the 
                financial and operational health of small- and medium-
                sized businesses in supply chains of the United States 
                and countries that are allies or key international 
                partners of the United States to mitigate risks and 
                ensure diverse and competitive supplier markets that 
                are less vulnerable to failure;
                    (J) make an assessment of policies, rules, and 
                regulations that impact domestic manufacturers' 
                operating costs and inhibit the ability for domestic 
                manufacturing to compete with global competitors; and
                    (K) make recommendations regarding freight and 
                logistics necessary to support supply chains.
            (3) Prohibition.--The report may not include--
                    (A) supply chain information that is not 
                aggregated; or
                    (B) confidential business information of a private 
                sector entity.
            (4) Collaboration.--The head of any Federal agency with 
        jurisdiction over any supply chain shall collaborate with the 
        Under Secretary and provide any information, data, or 
        assistance that the Under Secretary determines to be necessary 
        for developing the report.
            (5) Form.--The report submitted under this subsection, and 
        any update submitted thereafter, shall be submitted in 
        unclassified form and may include a classified annex.
            (6) Public comment.--The Under Secretary shall provide for 
        a period of public comment and review in developing the report 
        required under paragraph (1).
    (j) Report to Congress.--Concurrent with the annual submission by 
the President of the budget under section 1105 of title 31, United 
States Code, the Secretary shall submit to the relevant committees of 
Congress and post on the website of the Under Secretary a report that 
contains a summary of the activities required under subsection (e) 
carried out under this section during the fiscal year covered by the 
report. Such report shall be submitted in unclassified form and may 
include a classified annex.
    (k) Coordination.--
            (1) In general.--In implementing the requirements under 
        subsection (i), the Under Secretary shall, as appropriate 
        coordinate with--
                    (A) the heads of appropriate Federal agencies, 
                including--
                            (i) the Secretary of State; and
                            (ii) the United States Trade 
                        Representative; and
                    (B) the Attorney General and the Federal Trade 
                Commission with respect to--
                            (i) advice on the design and activities of 
                        the unified coordination group described in 
                        subsection (g)(1); and
                            (ii) ensuring compliance with Federal 
                        antitrust law.
            (2) Specific coordination.--In carrying out the 
        requirements under this section, with respect to supply chains 
        involving specific sectors, the Under Secretary shall, as 
        appropriate, coordinate with--
                    (A) the Secretary of Defense;
                    (B) the Secretary of Homeland Security;
                    (C) the Secretary of the Treasury;
                    (D) the Secretary of Energy;
                    (E) the Secretary of Transportation;
                    (F) the Secretary of Agriculture;
                    (G) the Under Secretary of National Intelligence;
                    (H) the Secretary of Health and Human Services;
                    (I) the Small Business Administration;
                    (J) the Secretary of Labor; and
                    (K) the heads of other relevant Federal agencies, 
                as appropriate.
    (l) Rule of Construction.--Nothing in this section shall be 
construed to require any private entity--
            (1) to share information with the Secretary or Under 
        Secretary;
            (2) to request assistance from the Secretary or Under 
        Secretary; or
            (3) that requests assistance from the Secretary or Under 
        Secretary to implement any measure or recommendation suggested 
        by the Secretary or Under Secretary.
    (m) Protections.--
            (1) In general.--Supply chain information that is 
        voluntarily and lawfully submitted by a private entity and 
        accompanied by an express statement described in paragraph (2) 
        of this subsection--
                    (A) shall be exempt from disclosure under section 
                552(b)(3) of title 5, United States Code;
                    (B) shall not be made available by any Federal, 
                State, local, or Tribal authority pursuant to any 
                Federal, State, local, or Tribal law requiring public 
                disclosure of information or records; and
                    (C) shall not, without the written consent of the 
                person or entity submitting such information, be used 
                directly by the Under Secretary, or any other Federal, 
                State, or local authority in any civil enforcement 
                action brought by a Federal, State, or local authority.
            (2) Express statement.--The express statement described in 
        this paragraph, with respect to information or records, is--
                    (A) in the case of written information or records, 
                a written marking on the information or records 
                substantially similar to the following: ``This 
                information is voluntarily submitted to the Federal 
                Government in expectation of protection from disclosure 
                as provided by the provisions of section 2(m) of the 
                Supply Chain Health And Integrity for the Nation 
                Act.''; or
                    (B) in the case of oral information, a written 
                statement similar to the statement described in 
                subparagraph (A) submitted within a reasonable period 
                following the oral communication.
            (3) Inapplicability to semiconductor incentive program.--
        This subsection shall not apply to the voluntary submission of 
        supply chain information by a private entity in an application 
        for Federal financial assistance under section 9902 of the 
        William M. (Mac) Thornberry National Defense Authorization Act 
        for Fiscal Year 2021 (Public Law 116-283).
    (n) No Effect on Discovery.--Subject to subsection (m), nothing in 
this section, nor any rule, regulation, or amendment shall be construed 
to create a defense to a discovery request, or otherwise limit or 
affect the discovery of supply chain information from a private entity 
arising from a cause of action authorized under any under Federal, 
State, local, or Tribal law.
    (o) Implementation Report.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall submit to the 
        relevant committees of Congress and post on the website of the 
        Under Secretary a report on the implementation of this section.
            (2) Elements.--In carrying out paragraph (1), the Secretary 
        shall--
                    (A) identify any office or bureau within the 
                Department of Commerce that the Secretary determines 
                has duties, responsibilities, resources, or expertise 
                that support or duplicate the mission of the Office;
                    (B) describe the purposes of the offices or bureaus 
                identified under subparagraph (A);
                    (C) identify if the Under Secretary is coordinating 
                with the offices and bureaus identified under 
                subparagraph (A) in implementing the requirements of 
                this Act;
                    (D) if the Secretary makes a positive determination 
                under subparagraph (C), evaluate the effectiveness and 
                efficiency of the Under Secretary and the offices and 
                bureaus identified under subparagraph (A) at 
                implementing the requirements of this section; and
                    (E) identify if the Secretary will consolidate 
                functions amongst the Office and the offices and 
                bureaus identified under subparagraph (A).
    (p) Consistency With International Agreements.--This section shall 
be applied in a manner consistent with United States obligations under 
international agreements.
    (q) Authorization of Appropriations.--There is authorized to be 
appropriated to the Under Secretary $500,000,000 for fiscal years 2022 
through 2027, to remain available until expended, to carry out this 
section, of which not more than 2 percent per fiscal year may be used 
for administrative costs.
                                 <all>