[Congressional Record Volume 167, Number 91 (Tuesday, May 25, 2021)]
[Senate]
[Pages S3433-S3434]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1983. Mr. YOUNG submitted an amendment intended to be proposed to 
amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to 
establish a new Directorate for Technology and Innovation in the 
National Science Foundation, to establish a regional technology hub 
program, to require a strategy and report on economic security, 
science, research, innovation, manufacturing, and job creation, to 
establish a critical supply chain resiliency program, and for other 
purposes; which was ordered to lie on the table; as follows:

        At the end of division F, add the following:

         TITLE IV--AGGREGATED DEMAND MAPPING AND SUPPLY CHAINS

     SEC. 6401. DEFINITIONS.

       In this title:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Finance and the Committee on Commerce, 
     Science, and Transportation of the Senate; and
       (B) the Committee on Ways and Means and the Committee on 
     Energy and Commerce of the House of Representatives.
       (2) Input.--The term ``input''--
       (A) means a natural resource, raw material, or human 
     resource used to construct a finished product or other good; 
     and
       (B) may be comprised of one or more components.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce.
       (4) Target industry.--The term ``target industry'' means an 
     industry identified under section 6403(a).
       (5) United states business.--The term ``United States 
     business'' means a business that has a primary headquarters 
     located in a State or territory of the United States.

     SEC. 6402. PURPOSES.

       The purposes of this title are--
       (1) to reduce reliance on foreign manufacturing, boost 
     United States job opportunities, and support domestic 
     manufacturing;
       (2) to provide transparency and assistance to manufacturers 
     in order to divert supply chains from foreign countries and 
     back to the United States; and
       (3) to facilitate understanding of the implications of 
     economic, public health, and national security 
     vulnerabilities in the United States supply chain.

     SEC. 6403. PILOT PROGRAM ON ONLINE TOOLKIT AND DATABASE ON 
                   AGGREGATED DEMAND MAPPING AND SUPPLY CHAINS FOR 
                   UNITED STATES BUSINESSES.

       (a) Determination of Target Industries.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary shall identify 3 
     industries in the United States in which supply chain 
     vulnerabilities exist related to the national security, 
     economic security, or public health of the United States.
       (2) Consultations.--The Secretary may consult with the 
     heads of other agencies in identifying the 3 target 
     industries under paragraph (1).
       (b) Pilot Program for Development of Online Toolkit and 
     Database.--Not later than one year after the date of the 
     enactment of this Act, the Secretary of Commerce shall carry 
     out a pilot program to develop--
       (1) an online toolkit described in subsection (c); and
       (2) a private and confidential database described in 
     subsection (d).
       (c) Online Toolkit.--
       (1) In general.--The online toolkit described in this 
     subsection is a mechanism under which--
       (A) United States businesses directly related to a target 
     industry voluntarily submit to the Secretary information, 
     subject to subsection (e), on the products produced by such 
     businesses and the inputs required for such products, which 
     may include, with respect to such an input--
       (i) the specific geographic location of the production of 
     the input, including if the input is sourced from the United 
     States or a foreign country;
       (ii) the business name of a supplier of the input;
       (iii) information related to perceived or realized 
     challenges in securing the input;
       (iv) information related to the suspected vulnerabilities 
     or implications of a disruption in securing the input, 
     whether related to national security or the effect on the 
     United States business; or
       (v) in the case of an input sourced from a foreign country, 
     information on--

       (I) why the input is sourced from a foreign country rather 
     than in the United States; and
       (II) if the United States business would be interested in 
     identifying an alternative produced in the United States;

       (B) United States businesses may opt in to requesting and 
     receiving contact information or general information about a 
     United States source or a foreign source for an input; and
       (C) the Secretary makes information provided under this 
     subsection available, subject to the requirements of 
     subsection (e), to enable other United States businesses to 
     identify inputs for their products produced in the United 
     States.
       (2) Restrictions on access to online toolkit.--
       (A) In general.--The Secretary--
       (i) shall ensure that the online toolkit described in 
     paragraph (1) is accessible only by United States businesses 
     registered with the Department of Commerce under subparagraph 
     (B); and
       (ii) may determine the scope of the access of a United 
     States business described in subparagraph (A) to the online 
     toolkit.
       (B) Registration of united states businesses.--The 
     Secretary shall establish a process for registering each 
     United States business that seeks access to the online 
     toolkit. In registering a United States business under this 
     subparagraph, the Secretary shall verify the identity of the 
     business and that the business is not a foreign entity.
       (3) Format; public availability.--The Secretary shall 
     ensure that the online toolkit described in paragraph (1) 
     is--
       (A) searchable and filterable according to the type of 
     information; and
       (B) presented in a user-friendly format.
       (d) Database.--
       (1) In general.--The database described in this subsection 
     is a database--
       (A) containing information--
       (i) described in subsection (c) voluntarily submitted by 
     United States businesses directly related to a target 
     industry; and
       (ii)(I) with respect to which such businesses have 
     specified under subsection (e)(1)(A)(ii) that the information 
     is private and authorized to be shared only with the 
     Department of Commerce for purposes of the analysis of supply 
     chain vulnerabilities under section 6405; or
       (II) treated as private and confidential under subsection 
     (e)(1)(B); and
       (B) available only to senior officials of the Department of 
     Commerce for purposes of conducting that analysis.
       (2) Prohibition on access.--The Secretary shall prohibit 
     any private entity from requesting or receiving information 
     included in the database described in paragraph (1).
       (3) Security.--The Secretary shall make every reasonable 
     effort to ensure the security and integrity of all 
     information stored within the database described in paragraph 
     (1) and to safeguard the database against cyberattacks.
       (e) Confidentiality of Information.--
       (1) Restriction of sharing of information by united states 
     businesses.--The Secretary shall ensure that, in submitting 
     information to the Secretary under this section--
       (A) a United States business is able to specify--
       (i) what information may be shared with other United States 
     businesses, including what information may be searchable by 
     other businesses seeking to obtain information on inputs for 
     their products produced in the United States;
       (ii) what information should be private and shared only 
     with the Department of Commerce for purposes of the analysis 
     of supply chain vulnerabilities under section 6405; and
       (iii) what information is business confidential or 
     otherwise proprietary in nature and may be restricted in its 
     dissemination to Congress in accordance with paragraph (2); 
     and
       (B) if a United States business does not specify under 
     subparagraph (A) how the information may be shared, that 
     information is treated as private and confidential.
       (2) Exemption from public disclosure.--Information 
     submitted to the Secretary in relation to the online toolkit 
     and database established under this section--
       (A) may not be considered public records and shall be 
     exempt from any Federal law relating to public disclosure 
     requirements; and
       (B) may not be subject to discovery or admission as public 
     information or evidence in judicial or administrative 
     proceedings without the consent of the United States business 
     that submitted the information.
       (f) Verification of Information.--The Secretary shall 
     establish a process for verifying the accuracy of information 
     submitted to the Secretary under this section.
       (g) Reporting.--
       (1) Report to congress.--
       (A) In general.--Not later than 18 months after the date of 
     the enactment of this Act, and every 180 days thereafter, the 
     Secretary

[[Page S3434]]

     shall submit to the appropriate congressional committees a 
     report that includes--
       (i) an assessment of the pilot program carried out under 
     this section, including statistics regarding the number of 
     new entries, total businesses involvement, and any change in 
     participation rate in the online toolkit and database during 
     the preceding 180-day period;
       (ii) recommendations for additional actions to improve the 
     online toolkit and database and participation in the online 
     toolkit and database; and
       (iii) such other information as the Secretary considers 
     appropriate.
       (B) Form.--Each report required by subparagraph (A) shall 
     be submitted in unclassified form but may include a 
     classified annex.
       (2) Public report.--
       (A) In general.--Not later than 18 months after the date of 
     the enactment of this Act, and annually thereafter, the 
     Secretary shall post on a publicly available website of the 
     Department of Commerce a report that, except as provided by 
     subparagraph (B), includes--
       (i) general statistics related to foreign and domestic 
     sourcing of inputs used by United States businesses;
       (ii) an estimate of the percentage of total inputs used by 
     United States businesses obtained from foreign countries;
       (iii) data on such inputs disaggregated by industry, 
     geographical location, and size of operation; and
       (iv) a description of the methodology used to calculate the 
     statistics and estimates described in this subparagraph.
       (B) Insufficient information.--If the Secretary determines 
     that insufficient information was submitted by United States 
     businesses under this section to generate the statistics and 
     estimates described in subparagraph (A), the Secretary may 
     (subject to subsection (e)) determine what information is 
     appropriate to make available to the public under this 
     paragraph.
       (C) Consultations.--The Secretary shall consult with the 
     Secretary of Defense, the Secretary of Homeland Security, and 
     the Director of National Intelligence in drafting the report 
     required by subparagraph (A) to ensure that no sensitive 
     information will be included in the report.
       (h) Applicability of Other Laws.--The Secretary shall carry 
     out this section in accordance with the following provisions 
     of law:
       (1) Subchapter I of chapter 35 of title 44, United States 
     Code (commonly referred to as the ``Paperwork Reduction 
     Act'').
       (2) Section 552a of title 5, United States Code (commonly 
     referred to as the ``Privacy Act of 1974'').
       (3) Section 1905 of title 18, United States Code (commonly 
     referred to as the ``Trade Secrets Act'').
       (i) Authorization of Appropriations.--
       (1) Initial funding.--There are authorized to be 
     appropriated to the Secretary $12,000,000 for fiscal year 
     2022--
       (A) for the establishment of the online toolkit and 
     database under this section; and
       (B) for the salaries and expenses of additional staff to 
     carry out this section.
       (2) Ongoing funding.--There are authorized to be 
     appropriated to the Secretary $2,000,000 for each of fiscal 
     years 2023 and 2024 to carry out this section.
       (3) Return of funds.--The Secretary shall return to the 
     Treasury any funds appropriated pursuant to an authorization 
     of appropriations under this subsection that have not been 
     obligated by the end of the fiscal year for which the funds 
     were appropriated.

     SEC. 6404. NATIONAL PUBLIC OUTREACH CAMPAIGN.

       (a) In General.--The Secretary shall carry out a national 
     public outreach campaign--
       (1) to educate United States businesses about the existence 
     of the online toolkit and database established under section 
     6403; and
       (2) to facilitate and encourage the participation of such 
     businesses in the online toolkit and database.
       (b) Outreach Requirement.--In carrying out the campaign 
     under subsection (a), the Secretary shall--
       (1) establish an advertising and outreach program directed 
     to businesses, industries, State and local agencies, chambers 
     of commerce, and labor organizations--
       (A) to facilitate understanding of the value of an 
     aggregated demand mapping system; and
       (B) to advertise that the online toolkit described in 
     section 6403(c) is available for that purpose;
       (2) notify appropriate State agencies not later than 10 
     days after the date of the enactment of this Act regarding 
     the development of the online toolkit; and
       (3) post a notice on a publicly available website of the 
     Department of Commerce and establish a social media awareness 
     campaign to advertise the online toolkit.
       (c) Coordination.--In carrying out the campaign under 
     subsection (a), the Secretary may coordinate with other 
     Federal agencies and State or local agencies as appropriate.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary $8,000,000 for each of 
     fiscal years 2022 through 2024 to carry out this section.
       (e) Separate Accounting.--
       (1) Budgetary line item.--The Secretary shall include in 
     the budget justification materials submitted to Congress in 
     support of the Department of Commerce budget for fiscal years 
     2023 and 2024 (as submitted with the budget of the President 
     under section 1105(a) of title 31, United States Code) 
     specific identification, as a budgetary line item, of the 
     amounts required to carry out the campaign under subsection 
     (a).
       (2) Prohibition on commingling.--Amounts appropriated to 
     carry out this section may not be commingled with any other 
     amounts appropriated to the Department of Commerce.

     SEC. 6405. ANALYSIS OF SUPPLY CHAIN VULNERABILITIES.

       The Secretary shall use the information in the database 
     described in section 6403(d) to identify and analyze 
     vulnerabilities in the United States supply chains of the 
     target industries that will result in a threat, if disrupted, 
     to the national security, economic security, or public health 
     of the United States.

     SEC. 6406. USE OF DEPARTMENT OF COMMERCE RESOURCES.

       (a) In General.--The Secretary--
       (1) shall, to the maximum extent practicable, construct the 
     online toolkit and database established under section 6403, 
     and related analytical features, using expertise within the 
     Department of Commerce; and
       (2) may, as appropriate, adopt new technologies and hire 
     additional employees to carry out this title.
       (b) Minimization of Contracting.--If the activities 
     described in paragraphs (1) and (2) of subsection (a) cannot 
     be completed without the employment of contractors, the 
     Secretary should seek to minimize the number of contractors 
     and the scope of the contract.

     SEC. 6407. AUTHORIZATION OF APPROPRIATIONS FOR CYBERSECURITY 
                   INFRASTRUCTURE.

       There are authorized to be appropriated to the Secretary of 
     Commerce $5,000,000 for each of fiscal years 2022 through 
     2024 for efforts relating to collecting and protecting 
     information, and modernizing the technology infrastructure of 
     the Department of Commerce.

     SEC. 6408. TERMINATION.

       This title shall terminate on September 30, 2026.
                                 ______