[Congressional Record Volume 167, Number 194 (Thursday, November 4, 2021)]
[Senate]
[Pages S7810-S7811]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4278. Mr. MENENDEZ (for himself and Mrs. Blackburn) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place in title X, insert the following:

[[Page S7811]]

  


     SEC. ____. NATIONAL MANUFACTURING EXTENSION PARTNERSHIP 
                   SUPPLY CHAIN DATABASE.

       (a) Definitions.--In this section:
       (1) Center.--The term ``Center'' has the meaning given such 
     term in section 25(a) of the National Institute of Standards 
     and Technology Act (15 U.S.C. 278k(a)).
       (2) Database.--The term ``Database'' means the National 
     Manufacturing Extension Partnership Supply Chain Database 
     established under subsection (b).
       (3) Director.--The term ``Director'' means the Director of 
     the National Institute of Standards and Technology.
       (4) Institute.--The term ``Institute'' means the National 
     Institute of Standards and Technology.
       (b) Establishment of Database.--
       (1) In general.--Subject to the availability of 
     appropriations, the Director shall establish a database to 
     assist the United States in minimizing disruptions in the 
     supply chain by providing a resource for manufacturers in the 
     United States to gain information on product availability on 
     a real time basis.
       (2) Designation.--The database established under paragraph 
     (1) shall be known as the ``National Manufacturing Extension 
     Partnership Supply Chain Database''.
       (c) Considerations.--In establishing the Database, the 
     Director shall consider the findings and recommendations from 
     the study required under section 9413 of the William M. (Mac) 
     Thornberry National Defense Authorization Act for Fiscal Year 
     2021 (Public Law 116-283), including measures to secure and 
     protect the Database from adversarial attacks and 
     vulnerabilities.
       (d) Connections With Hollings Manufacturing Extension 
     Partnerships Centers.--
       (1) In general.--The Director shall create the 
     infrastructure for the Database through the Hollings 
     Manufacturing Extension Partnership, established under 
     section 25 of the National Institute of Standards and 
     Technology Act (15 U.S.C. 278k), by connecting information 
     from the Centers through the Database.
       (2) National view.--The Director shall ensure that 
     connections under paragraph (1)--
       (A) provide a national overview of the networks of supply 
     chains of the United States; and
       (B) support understanding of whether there is a need for 
     some manufacturers to retool in some critical areas to meet 
     the urgent need for key products, such as defense supplies, 
     food, and medical devices, including personal protective 
     equipment.
       (3) Individual hollings manufacturing extension partnership 
     center databases.--
       (A) In general.--The Director shall ensure that--
       (i) each Center is connected to the Database; and
       (ii) each supply chain database maintained by a Center is 
     interoperable with the Database.
       (B) Rule of construction.--Nothing in this section shall be 
     construed to require a State or territory of the United 
     States to establish a new supply chain database through the 
     Hollings Manufacturing Extension Partnership program.
       (e) Maintenance of National Supply Chain Database.--The 
     Director, acting through the Hollings Manufacturing Extension 
     Partnership program or a designee of the program--
       (1) shall maintain the Database as an integration of State-
     level databases from the Center of each State or territory of 
     the United States; and
       (2) may populate the Database with information from past, 
     current, or potential clients of Centers.
       (f) Database Content.--
       (1) In general.--The Database may include the following:
       (A) Basic company information.
       (B) An overview of capabilities, accreditations, and 
     products.
       (C) Proprietary information.
       (D) Such other items as the Director considers necessary.
       (2) Standard classification system.--The Database shall use 
     the North American Industry Classification System (NAICS) 
     Codes as follows:
       (A) Sector 31-33 - Manufacturing.
       (B) Sector 54 - Professional, Scientific, and Technical 
     Services.
       (C) Sector 48-49 - Transportation and Warehousing.
       (3) Levels.--The Database shall be multi-leveled as 
     follows:
       (A) Level 1 shall have basic company information and shall 
     be available to the public.
       (B) Level 2 shall have a deeper, nonproprietary overview 
     into capabilities, products, and accreditations and shall be 
     available to all companies that contribute to the Database 
     and agree to terms of mutual disclosure.
       (C) Level 3 shall hold proprietary information.
       (4) Matters relating to disclosure and access.--
       (A) FOIA exemption.--The Database, and any information 
     contained therein that is not publicly released by the 
     Institute, shall be exempt from public disclosure under 
     section 552(b)(3) of title 5, United States Code.
       (B) Limitation on access to content.--Access to a 
     contributing company's nonpublic content in the Database 
     shall be limited to the contributing company, the Institute, 
     and staff from a Center who sign such nondisclosure agreement 
     as the Director considers appropriate.
       (C) Aggregated information.--The Director may make 
     aggregated, de-identified information available to 
     contributing companies, Centers, or the public, as the 
     Director considers appropriate, in support of the purposes of 
     this section.
       (g) Coordination With National Technology and Industrial 
     Base.--The Director, acting through the Hollings 
     Manufacturing Extension Partnership program, may work with 
     the National Defense Technology and Industrial Base Council 
     established by section 2502(a) of title 10, United States 
     Code, as the Director considers appropriate, to include in 
     the Database information regarding the defense manufacturing 
     supply chain.
       (h) 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)--
       (A) shall be exempt from disclosure under section 552(b)(3) 
     of title 5, United States Code;
       (B) shall not be made available pursuant to 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 
     Director, 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 [___](h) of the National Defense Authorization Act 
     for Fiscal Year 2022.''; 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.
       (i) Rules of Construction.--
       (1) Private entities.--Nothing in this section shall be 
     construed to require any private entity to share data with 
     the Director specifically for to the Database.
       (2) Prohibition on new regulatory authority.--Nothing in 
     this section shall be construed to grant the Director, or the 
     head of any other Federal agency, with any authority to 
     promulgate regulations or set standards on manufacturers, 
     based on data within the Database, that was not in effect on 
     the day before the date of enactment of this section.
       (j) Authorization of Appropriations.--There are authorized 
     to be appropriated--
       (1) $31,000,000 for fiscal year 2022 to develop and launch 
     the Database; and
       (2) $26,000,000 for each of fiscal years 2023 through 2026 
     to maintain, update, and support Federal coordination of the 
     State supply chain databases maintained by the Centers.
                                 ______