[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.
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