[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5834-S5842]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6339. Ms. HASSAN submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 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:


 =========================== NOTE =========================== 

  
  On page S5834, September 29, 2022, in the second column, the 
following appears: SA 6338. Mr. LUJAN (for himself and Mr. GRAHAM) 
submitted an amendment intended to be proposed to amendment
  
  The online Record has been corrected to read: SA 6339. Ms. 
HASSAN submitted an amendment intended to be proposed to amendment


 ========================= END NOTE ========================= 


        At the end of title X, add the following:

           Subtitle H--Manufacturing Security and Resilience

     SEC. 1081. SHORT TITLE.

       This subtitle may be cited as the ``Improving American 
     Security through Manufacturing Resilience/Strengthening 
     American Manufacturing and Supply Chain Resiliency Act of 
     2022''.

     SEC. 1082. DEFINITIONS.

       In this subtitle:
       (1) Ally or key international partner.--The term ``ally or 
     key international partner'' does not include--
       (A) a country that poses a significant national security or 
     economic security risk to the United States; or
       (B) a country of concern.
       (2) Assistant secretary.--The term ``Assistant Secretary'' 
     means the Assistant Secretary of Commerce for Manufacturing 
     and Resilience, who is appointed pursuant to section 1083(c).
       (3) Country of concern.--The term ``country of concern'' 
     means a country--
       (A) in which a concentrated supply chain is located; and
       (B)(i) that poses a significant national security or 
     economic security threat to the United States;
       (ii) that is a covered nation, as that term is defined in 
     section 2533c(d) of title 10, United States Code; or
       (iii) the government of which, or elements of such 
     government, has proven to have, or has been credibly alleged 
     to have, committed crimes against humanity or genocide.
       (4) Covered supply chain.--The term ``covered supply 
     chain'' means a supply chain with respect to a critical good.
       (5) Covered western hemisphere countries.--The term 
     ``covered Western Hemisphere countries'' means the following 
     countries:
       (A) Anguilla.
       (B) Antigua and Barbuda.
       (C) Argentina.
       (D) Aruba.
       (E) The Bahamas.
       (F) Barbados.
       (G) Belize.
       (H) Bermuda.
       (I) Bolivia.
       (J) Brazil.
       (K) The British Virgin Islands.
       (L) Canada.
       (M) Chile.
       (N) Colombia.
       (O) Costa Rica.
       (P) Dominica.
       (Q) The Dominican Republic.
       (R) Ecuador.
       (S) El Salvador.
       (T) Grenada.
       (U) Guatemala.
       (V) Guyana.
       (W) Haiti.
       (X) Honduras.
       (Y) Jamaica.
       (Z) Mexico.
       (AA) Montserrat.
       (BB) Panama.
       (CC) Paraguay.
       (DD) Peru.
       (EE) Saint Kitts and Nevis.
       (FF) Saint Lucia.
       (GG) Saint Vincent and the Grenadines.
       (HH) Suriname.
       (II) Trinidad and Tobago.
       (JJ) Turks and Caicos Islands.
       (KK) Uruguay.
       (LL) The sovereign government recognized by the United 
     States in Venezuela.
       (6) Critical good.--The term ``critical good'' 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.
       (7) Critical industry.--The term ``critical industry'' 
     means an industry that is critical for the national security 
     or economic security of the United States, taking into 
     consideration key technology focus areas and critical 
     infrastructure.
       (8) Critical infrastructure.--The term ``critical 
     infrastructure'' has the meaning given the term in the 
     Critical Infrastructures Protection Act of 2001 (42 U.S.C. 
     5195c).
       (9) Domestic enterprise.--The term ``domestic enterprise'' 
     means an enterprise that conducts business in the United 
     States and procures a critical good.
       (10) 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 a grant, loan, loan guarantee, or equity 
     investment under section 1086, will conduct in the United 
     States the research and development, engineering, or 
     production activities necessary or incidental to 
     manufacturing.
       (11) Economically distressed area.--The term ``economically 
     distressed area'' means an area that meets 1 or more of the 
     criteria described in section 301(a) of the Public Works and 
     Economic Development Act of 1965 (42 U.S.C. 3161(a)).
       (12) Eligible activity.--The term ``eligible activity'' 
     means an activity described in section 1086(c).
       (13) Eligible entity.--The term ``eligible entity'' means 
     an entity described in section 1086(d).
       (14) Federal agency.--The term ``Federal agency'' has the 
     meaning given the term ``agency'' in section 551 of title 5, 
     United States Code.
       (15) 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.
       (16) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given the 
     term in section 101(a) of the Higher Education Act of 1965 
     (20 U.S.C. 1001(a)).
       (17) Key technology focus area.--The term ``key technology 
     focus area'' means any of 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.

[[Page S5835]]

       (E) Natural and anthropogenic disaster prevention or 
     mitigation.
       (F) Advanced communications technology, including optical 
     transmission components and immersive technology.
       (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.
       (18) Labor organization.--The term ``labor organization'' 
     means--
       (A) a labor organization, as defined in section 2(5) of the 
     National Labor Relations Act (29 U.S.C. 152(5));
       (B) any organization that would be included under 
     subparagraph (A) 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 of a State);
       (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; and
       (C) any organization composed of organizations described in 
     subparagraph (A) or (B), such as a labor federation or a 
     State or municipal labor body.
       (19) Lender.--The term ``lender'' means any non-Federal 
     qualified institutional buyer, as that term is defined in 
     section 230.144A(a) of title 17, Code of Federal Regulations, 
     or any successor regulation.
       (20) Loan.--The term ``loan''--
       (A) means a direct loan or other debt obligation issued by 
     the Assistant Secretary to an eligible entity under section 
     1086; and
       (B) includes the provision of equity capital by a 
     manufacturing investment company to an eligible entity under 
     subsection (k) of section 1086 using amounts made available 
     by the Assistant Secretary to the manufacturing investment 
     company under that section.
       (21) Loan guarantee.--The term ``loan guarantee'' means any 
     guarantee or other pledge by the Assistant Secretary under 
     section 1086 to pay all or part of the principal of, and 
     interest on, a loan or other debt obligation entered into by 
     an eligible entity or a manufacturing investment company and 
     funded by a lender.
       (22) Manufacture.--The term ``manufacture'' means to take 
     any activity that is necessary for, or incidental to, the 
     development, production, processing, distribution, or 
     delivery of any raw, in process, or manufactured material 
     (including any mineral, metal, and advanced processed 
     material), article, commodity, supply, product, critical 
     good, or item of supply.
       (23) Manufacturing facility.--The term ``manufacturing 
     facility'' means any type of building, structure, or real 
     property necessary or incidental to the manufacturing of a 
     critical good.
       (24) Manufacturing investment company.--The term 
     ``manufacturing investment company'' means an incorporated 
     body, a limited liability company, or a limited partnership, 
     including a consortium of public and private entities, 
     organized and chartered or otherwise existing under State 
     law.
       (25) Manufacturing technology.--The term ``manufacturing 
     technology'' means a technology that is necessary or 
     incidental to the manufacturing of a critical good.
       (26) Nonprofit organization.--The term ``nonprofit 
     organization'' means an organization that is described in 
     section 501(c)(3) of the Internal Revenue Code of 1986 and 
     exempt from taxation under section 501(a) of such Code.
       (27) Office.--The term ``Office'' means the Office of 
     Manufacturing Security and Resilience established under 
     section 1083.
       (28) Offshore.--The term ``offshore'' means to transfer or 
     relocate manufacturing capacity that is occurring, or 
     otherwise would occur, in the United States to another 
     country.
       (29) Relevant committees of congress.--The term ``relevant 
     committees of Congress'' means the following:
       (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.
       (N) The Permanent Select Committee on Intelligence of the 
     House of Representatives.
       (30) Resilient supply chain.--The term ``resilient supply 
     chain'' means a covered supply chain that--
       (A) ensures that the United States can sustain critical 
     industry production, supply chains, services, and access to 
     critical goods, industrial equipment, and manufacturing 
     technology during a supply chain shock; 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 a supply chain shock; 
     and
       (iii) the financial and operational capacity to--

       (I) sustain supply chains during a supply chain shock; and
       (II) recover from a supply chain shock.

       (31) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce.
       (32) Small business concern.--The term ``small business 
     concern'' has the meaning given the term in section 3(a) of 
     the Small Business Act (15 U.S.C. 632(a)).
       (33) 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 United States Virgin 
     Islands, and any other territory or possession of the United 
     States.
       (34) Supply chain.--The term ``supply chain''--
       (A) means a domestic or international network that provides 
     the goods and services needed to deliver a finished product 
     to end users; and
       (B) includes the exploration, mining, concentration, 
     alloying, recycling, and reprocessing of minerals in order to 
     carry out the activities described in subparagraph (A).
       (35) Supply chain information.--The term ``supply chain 
     information'' means information that--
       (A) is not customarily in the public domain; and
       (B) relates to--
       (i) sustaining and adapting covered supply chains during a 
     supply chain shock;
       (ii) covered 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 a covered supply chain, including 
     testing, supplier network assessments, production 
     flexibility, risk evaluations, risk management planning, or 
     risk audits; or
       (iii) 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 with 
     respect to those supply chains.
       (36) Supply chain shock.--The term ``supply chain shock'' 
     includes a disruption to a supply chain that is caused by any 
     of 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 cyber attack.
       (G) A great power conflict.
       (H) A terrorist or geopolitical attack.
       (I) A public health emergency declared by the Secretary of 
     Health and Human Services pursuant to section 319 of the 
     Public Health Service Act (42 U.S.C. 247d).
       (J) An event for which the President declares a major 
     disaster or an emergency under section 401 or 501, 
     respectively, of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5170, 5191).
       (K) A national emergency declared by the President under 
     the National Emergencies Act (50 U.S.C. 1601 et seq.).
       (L) Any other supply chain disruption or threat that 
     affects the national security or economic security of the 
     United States.
       (37) Tribal government.--The term ``Tribal government'' 
     means the governing body of a federally recognized Indian 
     Tribe, an Alaska Native Tribal entity, or a Native Hawaiian 
     community.

     SEC. 1083. OFFICE OF MANUFACTURING SECURITY AND RESILIENCE.

       (a) Establishment.--Not later than 180 days after the date 
     of enactment of this Act, the Secretary shall establish 
     within the Department of Commerce the Office of Manufacturing 
     Security and Resilience.
       (b) 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 covered 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 a Governmentwide approach through 
     partnerships and collaboration with the private sector, labor 
     organizations, the governments of countries that are allies 
     or key international partners of the United States, States 
     (or political subdivisions of States), and Tribal governments 
     in order to--

[[Page S5836]]

       (A) promote the resilience of covered supply chains; and
       (B) identify, prepare for, and respond to supply chain 
     shocks to--
       (i) critical industries; and
       (ii) covered supply chains.
       (3) Monitor the resilience, diversity, security, and 
     strength of covered supply chains and critical industries.
       (4) Support the availability of critical goods from 
     domestic manufacturers, domestic enterprises, and 
     manufacturing operations in the United States and in 
     countries that are allies or key international partners.
       (5) Assist the Federal Government in preparing for, and 
     responding to, supply chain shocks, including by improving 
     the flexible manufacturing capacities and capabilities in the 
     United States.
       (6) Encourage and incentivize the reduced reliance of 
     domestic enterprises and domestic manufacturers on critical 
     goods from countries of concern.
       (7) Encourage the relocation of manufacturing facilities 
     that manufacture critical goods from countries of concern to 
     the United States, and to countries that are allies and key 
     international partners, to strengthen the resilience, 
     diversity, security, and strength of covered supply chains.
       (8) Support the creation of jobs with competitive wages in 
     the United States manufacturing sector.
       (9) Encourage manufacturing growth and opportunities in 
     economically distressed areas and underserved communities in 
     the United States.
       (10) Promote the health of the economy of the United States 
     and the competitiveness of manufacturing in the United 
     States.
       (11) Coordinate executive branch actions necessary to carry 
     out the functions described in paragraphs (1) through (10).
       (c) Assistant Secretary of the Office.--
       (1) Appointment and term.--The head of the Office shall be 
     the Assistant Secretary of Commerce for Manufacturing and 
     Resilience, who--
       (A) shall be appointed by the President, by and with the 
     advice and consent of the Senate, for a term of not more than 
     5 years; and
       (B) may function, and be referred to, as the United States 
     Chief Manufacturing Officer.
       (2) Pay.--The Assistant Secretary shall be compensated at 
     the annual rate of basic pay in effect for level II of the 
     Executive Schedule under section 5313 of title 5, United 
     States Code.
       (3) Administrative authorities.--The Assistant Secretary 
     may appoint officers and employees in accordance with chapter 
     51 and subchapter III of chapter 53 of title 5, United States 
     Code.

     SEC. 1084. UNITED STATES STRATEGY TO COUNTER THREATS TO 
                   COVERED SUPPLY CHAINS.

       (a) In General.--In accordance with Executive Order 14017 
     (86 Fed. Reg. 11849; relating to America's supply chains), 
     the Assistant Secretary shall, not later than 1 year after 
     the date of enactment of this Act, develop and implement a 
     strategy taking a Governmentwide approach to support the 
     resilience, diversity, security, and strength of supply 
     chains.
       (b) Elements.--The strategy required under subsection (a) 
     shall include the following:
       (1) A plan to do the following:
       (A) Execute a unified national effort to reduce reliance on 
     concentrated supply chains and protect against threats from 
     countries of concern relating to covered supply chains.
       (B) Support sufficient access to critical goods by 
     mitigating supply chain vulnerabilities, including covered 
     supply chains concentrated in countries of concern.
       (C) Collaborate with other relevant Federal agencies to 
     assist allies or key international partners build capacity 
     for manufacturing critical goods.
       (D) Incentivize (through grants, loans, loan guarantees, 
     and equity investment authorized under section 1086) and 
     identify tax incentives, trade preferences, or other means, 
     as appropriate--
       (i) for domestic manufacturers that manufacture critical 
     goods to--

       (I) relocate manufacturing facilities, industrial 
     equipment, or operations relating to the manufacturing of 
     critical goods from countries of concern to the United States 
     or to other allies or key international partners; and
       (II) support manufacturing facilities, industrial 
     equipment, or operations to increase the manufacturing of 
     critical goods and meet demand for critical goods; and

       (ii) for domestic manufacturers that do not manufacture 
     critical goods to make necessary or appropriate modifications 
     to existing manufacturing facilities, industrial equipment, 
     manufacturing technology, or operations in order to 
     manufacture 1 or more critical goods.
       (E) Describe the manner and processes through which the 
     Assistant Secretary will implement the program under section 
     1086, including through consultation with, or requests for 
     information from, the heads of any relevant Federal agencies, 
     including those with jurisdiction over covered supply chains, 
     for the purposes of ensuring the program authorized under 
     section 1086--
       (i) supports the resilience, diversity, security, and 
     strength of a covered supply chain; and
       (ii) meets the national security and economic security 
     needs of the United States.
       (F) Strengthen and increase trade through new and revised 
     trade agreements and other forms of engagement between the 
     United States, and allies or key international partners, in 
     order to mitigate--
       (i) covered supply chain vulnerabilities; and
       (ii) the effects of supply chain shocks.
       (G) Recover from supply chain shocks.
       (H) Identify, in coordination with other relevant Federal 
     agencies, actions relating to supply chains through which, by 
     taking, the United States might--
       (i) raise living standards;
       (ii) increase employment opportunities;
       (iii) address the underlying causes of irregular migration; 
     and
       (iv) improve critical industry supply chain response to 
     supply chain shocks.
       (I) Protect against supply chain shocks from countries of 
     concern relating to covered supply chains.
       (J) Provide recommendations to effectuate the strategy 
     under this section.
       (2) An assessment of the following:
       (A) The extent to which any office or bureau within the 
     Department of Commerce has duties, responsibilities, 
     resources, or expertise that support or duplicate the mission 
     of the Office.
       (B) The purpose of each office and bureau identified under 
     subparagraph (A).
       (C) Whether the Assistant Secretary will coordinate with 
     each office and bureau identified under subparagraph (A) in 
     implementing the requirements of this subtitle.
       (D) If the Assistant Secretary makes a positive 
     determination under subparagraph (C), the effectiveness and 
     efficiency of the Assistant Secretary, and each office and 
     bureau described in that subparagraph, in implementing the 
     requirements of this subtitle.
       (3) Recommendations, if applicable and consistent with the 
     objectives of this subtitle, on consolidating functions 
     amongst the Office and each such office and bureau identified 
     under paragraph (2)(A).
       (c) Submission of Strategy.--
       (1) In general.--Not later than 450 days after the date of 
     enactment of this Act, the Assistant Secretary shall submit 
     to the Committee on Commerce, Science, and Transportation of 
     the Senate and the Committee on Energy and Commerce of the 
     House of Representatives, and publish on the website of the 
     Office, a report containing the strategy developed under this 
     section.
       (2) Update.--Not less frequently than once every 4 years 
     after the date on which the strategy developed under this 
     section is submitted under paragraph (1), the Assistant 
     Secretary shall submit to the committees described in 
     paragraph (1) an update to that strategy.
       (3) Form.--The report submitted under paragraph (1), and 
     any update submitted under paragraph (2), shall be submitted 
     in unclassified form and may include a classified annex.

     SEC. 1085. CRITICAL SUPPLY CHAIN MONITORING PROGRAM.

       (a) Activities.--The Assistant Secretary shall take the 
     following actions:
       (1) In consultation with the unified coordination group 
     established under subsection (c)--
       (A) map, monitor, and model covered supply chains, 
     including by--
       (i) monitoring the financial and operational conditions of 
     domestic manufacturers and domestic enterprises;
       (ii) performing stress tests for critical industries, 
     covered supply chains, domestic enterprises, and domestic 
     manufacturers;
       (iii) monitoring the demand and supply of critical goods 
     and services, industrial equipment, and manufacturing 
     technology; and
       (iv) monitoring manufacturing, warehousing, transportation, 
     and distribution; and
       (B) identify high priority supply chain gaps and 
     vulnerabilities in critical industries and covered supply 
     chains that--
       (i) exist, as of the date of the enactment of this Act; or
       (ii) are anticipated to develop after the date of enactment 
     of this Act.
       (2) Identify and evaluate the following:
       (A) Supply chain shocks that may disrupt, strain, 
     compromise, or eliminate a covered supply chain.
       (B) The manufacturing needs critical to the national 
     security and economic security of the United States.
       (C) The diversity, security, reliability, and strength of--
       (i) covered supply chains, including single point of 
     failure, single producer, or consolidated manufacturing; and
       (ii) the sources of critical goods, industrial equipment, 
     or manufacturing technology, including those--

       (I) obtained or purchased from a person outside of the 
     United States; or
       (II) imported into the United States.

       (D) The availability, capability, and capacity of domestic 
     manufacturers, or manufacturers located in countries that are 
     allies or key international partners, to serve as a source of 
     a critical good, industrial equipment, or manufacturing 
     technology.
       (E) 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 a supply 
     chain.
       (F) The effect on the national security of the United 
     States that may result from the disruption, strain, 
     compromise, or elimination of a supply chain.
       (G) The state of the manufacturing workforce, including--

[[Page S5837]]

       (i) the needs of domestic manufacturers; and
       (ii) opportunities to create high-quality manufacturing 
     jobs.
       (H) Investments in critical goods, industrial equipment, or 
     manufacturing technology from non-Federal sources.
       (3) In consultation with the unified coordination group 
     established under subsection (c), States (or political 
     subdivisions of States), and Tribal governments, and, as 
     appropriate, in cooperation with the governments of countries 
     that are allies or key international partners, the following:
       (A) Identify opportunities to reduce supply chain gaps and 
     vulnerabilities in critical industries and covered supply 
     chains.
       (B) Encourage partnerships between the Federal Government 
     and industry, labor organizations, States (and political 
     subdivisions of States), and Tribal governments to better 
     respond to supply chain shocks to critical industries and 
     covered 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 covered 
     supply chains.
       (E) Develop or identify opportunities to build the capacity 
     of countries that are allies or key international partners in 
     critical industries and covered supply chains.
       (4) In coordination with the Secretary of State and the 
     United States Trade Representative, work with governments of 
     countries that are allies or key international partners to 
     promote diversified and resilient covered supply chains that 
     ensure the supply of critical goods, industrial equipment, 
     and manufacturing technology to the United States and 
     companies that are headquartered in, or that have substantial 
     operations in, countries that are allies or key international 
     partners.
       (5) Coordinate with other offices and divisions of the 
     Department of Commerce and other Federal agencies to use 
     authorities, whether in existence as of the day before the 
     date of the enactment of this Act or established on or after 
     the date of enactment of this Act, to encourage the 
     resilience of supply chains of critical industries.
       (b) Continuous Monitoring.--The Assistant Secretary, in 
     consultation with the head of any other relevant Federal 
     agency, including such an agency with jurisdiction over 
     covered supply chains, shall continuously monitor the 
     resilience, diversity, security, and strength of covered 
     supply chains.
       (c) Coordination Group.--
       (1) In general.--In carrying out the applicable activities 
     under subsection (a), the Assistant Secretary shall establish 
     a unified coordination group led by the Assistant Secretary, 
     which shall include individuals representing private sector 
     partners, labor organizations, and, as appropriate, federally 
     funded research and development centers, to serve as a method 
     for consultation between and among the Federal agencies 
     described in subsection (g) to--
       (A) plan for and respond to supply chain shocks; and
       (B) support the resilience, diversity, security, and 
     strength of covered supply chains.
       (2) Implementation.--In consultation with the unified 
     coordination group established under paragraph (1), the 
     Assistant Secretary shall do the following:
       (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 and is 
     exempt from disclosure under section 552(b)(3) of title 5, 
     United States Code.
       (B) Study the supply chain information acquired under 
     subparagraph (A) to--
       (i) identify covered supply chains;
       (ii) assess the resilience of covered supply chains;
       (iii) identify covered supply chains that are 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 to covered supply chains.
       (D) Develop contingency plans and coordination mechanisms 
     to ensure an effective and coordinated response to potential 
     supply chain shocks to covered supply chains.
       (3) Subgroups.--In carrying out the activities described in 
     paragraph (2), the Assistant 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 Secretary, in 
     consultation with the United States Trade Representative and 
     the head of any other relevant Federal agency, may enter into 
     agreements with governments of countries that are allies or 
     key international partners relating to enhancing the security 
     and resilience of covered supply chains in response to supply 
     chain shocks.
       (d) Designations.--The Assistant Secretary shall--
       (1) not later than 270 days after the date of enactment of 
     this Act, designate--
       (A) critical industries;
       (B) covered supply chains; and
       (C) critical goods;
       (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 4 years.
       (e) Quadrennial Report on Supply Chain Resilience and 
     Domestic Manufacturing.--
       (1) In general.--Not later than 4 years after the date on 
     which the final report required under section 4(a) of 
     Executive Order 14017 (86 Fed. Reg. 11849; relating to 
     America's supply chains) is submitted, and once every 4 years 
     thereafter, the Assistant Secretary, in coordination with the 
     head of each relevant Federal agency and relevant private 
     sector entities, labor organizations, States (and political 
     subdivisions of States), and Tribal governments, shall submit 
     to the relevant committees of Congress and post on the 
     website of the Assistant Secretary a report on covered supply 
     chain resilience and domestic manufacturing (referred to in 
     this subsection as the ``report'') to strengthen, improve, 
     and preserve the resilience, diversity, security, and 
     strength of covered supply chains.
       (2) Contents of report.--The report shall include the 
     following:
       (A) An identification of--
       (i) the critical industries, covered supply chains, and 
     critical goods designated under subsection (d);
       (ii) supplies that are critical to the crisis preparedness 
     of the United States;
       (iii) substitutes for critical goods, industrial equipment, 
     and manufacturing technology;
       (iv) the matters identified and evaluated under subsection 
     (a)(2); and
       (v) countries that are critical to addressing international 
     and domestic supply chain weaknesses and vulnerabilities.
       (B) 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, including 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 industrial 
     equipment; and
       (cc) maintain access to critical goods, industrial 
     equipment, and manufacturing technology.
       (C) An assessment and description of--
       (i) demand and supply of critical goods, industrial 
     equipment, and manufacturing technology;
       (ii) production of critical goods, industrial equipment, 
     and manufacturing technology by domestic manufacturers;
       (iii) the capability and capacity of domestic manufacturers 
     and manufacturers in countries that are allies or key 
     international partners to manufacture critical goods, 
     industrial equipment, and manufacturing technology; and
       (iv) how supply chain shocks could affect rural, Tribal, 
     and underserved communities.
       (D) An identification of 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 covered supply 
     chain.
       (E) An assessment of--
       (i)(I) the resilience of the manufacturing base, covered 
     supply chains, and workforce of the United States, and of 
     allies and key international partners; and
       (II) the capacity of the manufacturing base, covered supply 
     chains, and workforce of the United States, and of allies and 
     key international partners, to sustain critical industries 
     through a supply chain shock to a covered supply chain;
       (ii) the flexible manufacturing capacity and capabilities 
     available in the United States in the case of a supply chain 
     shock; and
       (iii) the effect that innovation has on domestic 
     manufacturing.
       (F) Specific recommendations to improve the security and 
     resilience of manufacturing capacity and supply chains 
     through the following:
       (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 and 
     manufacturing capabilities in the United States;
       (II) support and create jobs in the United States; and
       (III) support access of the United States to critical goods 
     during a supply chain shock.

       (v) Identifying and mitigating risks, including--

       (I) the financial and operational risks of a covered 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 covered supply chains.
       (vi) Identifying enterprise resource planning systems that 
     are--

[[Page S5838]]

       (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 covered supply chains.
       (viii) Understanding Federal procurement opportunities to 
     increase resilience of covered supply chains and fill gaps in 
     domestic purchasing of critical goods.
       (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 to build more resilient covered supply 
     chains and mitigate risks.
       (xi) Identifying areas requiring further investment in 
     research and development or workforce education.
       (xii) Identifying opportunities to reuse and recycle 
     critical goods to increase the resiliency of covered supply 
     chains.
       (xiii) Identifying such other services as the Assistant 
     Secretary determines necessary.
       (G) Guidance to the National Science Foundation and other 
     relevant Federal agencies with respect to critical goods, 
     industrial equipment, and manufacturing technologies that 
     should be prioritized.
       (H) With respect to countries that are allies or key 
     international partners--
       (i) a review of, and, if appropriate, recommendations for 
     expanding, the sourcing of critical goods, industrial 
     equipment, and manufacturing technology associated with 
     critical industries from those countries; and
       (ii) a recommendation to coordinate with those countries 
     on--

       (I) sourcing critical goods, industrial equipment, and 
     manufacturing technology; and
       (II) developing, sustaining, and expanding production and 
     availability of covered supply chains, critical goods, 
     industrial equipment, and manufacturing technology during a 
     supply chain shock.

       (I) Recommendations for strengthening the financial and 
     operational health of small and medium-sized businesses in 
     covered supply chains of the United States and countries that 
     are allies or key international partners to mitigate risks 
     and ensure diverse and competitive supplier markets that are 
     less vulnerable to failure.
       (J) An assessment of policies, rules, and regulations that 
     impact the operating costs of domestic manufacturers and 
     inhibit the ability for domestic manufacturers to compete 
     with global competitors.
       (K) Recommendations regarding freight and logistics 
     necessary to support covered 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 covered supply chain shall collaborate 
     with the Assistant Secretary and provide any information, 
     data, or assistance that the Assistant Secretary determines 
     to be necessary for developing the report.
       (5) Form.--The report, and any update of the report, shall 
     be submitted in unclassified form and may include a 
     classified annex.
       (6) Public comment.--The Assistant Secretary shall provide 
     for a period of public comment and review in developing the 
     report.
       (f) Report to Congress.--
       (1) In general.--Concurrently with the annual submission to 
     Congress of the budget justification materials in support of 
     the budget request of the Department of Commerce (as 
     submitted with the budget of the President under section 
     1105(a) of title 31, United States Code), the Secretary shall 
     submit to the relevant committees of Congress and post on the 
     website of the Assistant Secretary a report that contains a 
     summary of the activities required under subsection (a) 
     carried out under this section during the fiscal year covered 
     by the report.
       (2) Classification.--Each report required under paragraph 
     (1) shall be submitted in unclassified form and may include a 
     classified annex.
       (g) Coordination.--
       (1) In general.--In implementing the requirements under 
     subsection (e), the Assistant 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 (c)(1); and
       (ii) ensuring compliance with Federal antitrust law.
       (2) Specific coordination.--In carrying out the 
     requirements under this section, with respect to covered 
     supply chains involving specific sectors, the Assistant 
     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 Director of National Intelligence;
       (H) the Secretary of Health and Human Services;
       (I) the Administrator of the Small Business Administration;
       (J) the Secretary of Labor; and
       (K) the head of any other relevant Federal agency, as 
     appropriate.
       (h) Rule of Construction.--Nothing in this section shall be 
     construed to require any private entity--
       (1) to share information with the Secretary or Assistant 
     Secretary;
       (2) to request assistance from the Secretary or Assistant 
     Secretary; or
       (3) that requests assistance from the Secretary or 
     Assistant Secretary to implement any measure or 
     recommendation suggested by the Secretary or Assistant 
     Secretary.
       (i) Protections.--
       (1) In general.--Supply chain information or records that 
     are voluntarily and lawfully submitted by a private entity 
     under this section 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 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 
     Assistant 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 1085(i) of the Improving American Security through 
     Manufacturing Resilience/Strengthening American Manufacturing 
     and Supply Chain Resiliency Act of 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.
       (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 (15 U.S.C. 4652).
       (j) No Effect on Discovery.--Subject to subsection (i), 
     nothing in this section, nor in any rule or regulation issued 
     under this section, may 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 Federal, State, 
     local, or Tribal law.
       (k) Consistency With International Agreements.--This 
     section shall be applied in a manner consistent with United 
     States obligations under international agreements.
       (l) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Assistant Secretary $500,000,000 
     for each of 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.

     SEC. 1086. MANUFACTURING SECURITY AND RESILIENCE PROGRAM.

       (a) In General.--The Assistant Secretary shall support the 
     resilience, diversity, security, and strength of covered 
     supply chains by providing grants, loans, and loan guarantees 
     for eligible activities to eligible entities.
       (b) Application.--The Assistant Secretary may not provide a 
     grant, loan, or loan guarantee under this section to an 
     eligible entity unless the eligible entity submits to the 
     Assistant Secretary an application at such time, in such 
     form, and containing such information as the Assistant 
     Secretary may require, including--
       (1) a description of the eligible activity to be carried 
     out with the grant, loan, or loan guarantee;
       (2) a description of the covered supply chain supported by 
     the eligible activity;
       (3) an estimate of the total costs of the eligible 
     activity; and
       (4) in the case of an application submitted for an eligible 
     activity described in subparagraph (B) or (C) of subsection 
     (c)(2), a description of domestic manufacturing operations 
     for the production of the applicable critical good.
       (c) Eligible Activities.--
       (1) Activities in the united states.--The following 
     activities may be carried out with a grant, loan, or loan 
     guarantee provided under this section :
       (A) The development, diversification, preservation, 
     improvement, support, restoration, or expansion of covered 
     supply chains and the domestic manufacturing of critical 
     goods, industrial equipment, and manufacturing technology, 
     including activities that support any of the following:
       (i) The manufacturing of a critical good or industrial 
     equipment in the United States.

[[Page S5839]]

       (ii) The commercialization, adoption, deployment, or use of 
     manufacturing technology by domestic manufacturers in the 
     United States.
       (iii) The design, engineering, construction, expansion, 
     improvement, repair, or maintenance of critical 
     infrastructure or a manufacturing facility in the United 
     States.
       (iv) The purchase, lease, acquisition, enhancement, or 
     retooling of industrial equipment for use in the United 
     States.
       (v) The purchase, lease, or other acquisition of critical 
     goods, industrial equipment, or manufacturing technology from 
     reliable sources.
       (vi) The relocation of manufacturing facilities or 
     operations related to the production of a critical good out 
     of a country of concern and into the United States.
       (vii) The modification of manufacturing facilities, 
     industrial equipment, or operations related to the 
     manufacture of critical goods to--

       (I) create new capabilities for an eligible entity to 
     manufacture critical goods in the United States;
       (II) expand existing operations to increase the manufacture 
     of critical goods in the United States; or
       (III) accommodate any manufacturing operations related to 
     critical goods that are being relocated to the United States.

       (viii) The development of tools or processes that relate to 
     procuring, transporting, or storing critical goods.
       (B) The manufacture or acquisition of a substitute for a 
     critical good, industrial equipment, or manufacturing 
     technology.
       (C) The establishment, improvement, development, expansion, 
     or preservation of surge capacity or stockpiling of a 
     critical good or industrial equipment, as appropriate and 
     necessary.
       (D) The establishment, improvement, or preservation of 
     diverse, secure, reliable, and strong sources and locations 
     of a critical good in the United States.
       (2) Activities relating to allies and key international 
     partners.--The following activities may be carried out with a 
     loan or loan guarantee provided under this section:
       (A) The design, engineering, construction, expansion, 
     improvement, repair, or maintenance of critical 
     infrastructure or a manufacturing facility in an ally or key 
     international partner.
       (B) The relocation of manufacturing facilities or 
     operations relating to the production of a critical good out 
     of a country of concern and into an ally or key international 
     partner, with a priority for a country--
       (i) that is a covered Western Hemisphere country;
       (ii) that is a member state of the North Atlantic Treaty 
     Organization (commonly referred to as ``NATO'');
       (iii) that is designated as a major non-NATO ally pursuant 
     to section 517(a) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2321k(a)); or
       (iv) that is identified under section 1085(e)(2)(A)(v).
       (C) The modification of manufacturing facilities, 
     industrial equipment, or operations relating to the 
     manufacture of critical goods to--
       (i) create new capabilities for an eligible entity to 
     manufacture critical goods in an ally or key international 
     partner;
       (ii) expand existing operations to increase the manufacture 
     of critical goods in an ally or key international partner; or
       (iii) accommodate any manufacturing operations related to 
     critical goods that are being relocated to an ally or key 
     international partner.
       (d) Eligible Entities.--Any of the following entities is 
     eligible to receive a grant, loan, or loan guarantee under 
     this section:
       (1) A domestic manufacturer.
       (2) A domestic enterprise.
       (3) A State or a county, city, or other political 
     subdivision of a State.
       (4) A Tribal government.
       (5) A manufacturing extension center established as part of 
     the Hollings Manufacturing Extension Partnership carried out 
     under section 25 of the National Institute of Standards and 
     Technology Act (15 U.S.C. 278k).
       (6) A Manufacturing USA institute described in section 
     34(d) of the National Institute of Standards and Technology 
     Act (15 U.S.C. 278s(d)).
       (7) An institution of higher education acting as part of a 
     consortium, partnership, or joint venture with another 
     eligible entity described in any of paragraphs (1) through 
     (6).
       (8) A public or private nonprofit organization or 
     association acting as part of a consortium, partnership, or 
     joint venture with another eligible entity described in any 
     of paragraphs (1) through (6).
       (9) A consortium, partnership, or joint venture of 2 or 
     more eligible entities described in any of paragraphs (1) 
     through (8).
       (e) Requirements.--The Assistant Secretary may only provide 
     a grant, loan, or loan guarantee to an eligible entity under 
     this section if the Assistant Secretary makes a determination 
     of the following:
       (1) The grant, loan, or loan guarantee is for an eligible 
     activity.
       (2) Without the grant, loan, or loan guarantee, the 
     eligible entity would not be able to fund or finance the 
     eligible activity under reasonable terms and conditions.
       (3) The grant, loan, or loan guarantee is a cost effective, 
     expedient, and practical form of financial assistance for the 
     eligible activity.
       (4) There is a reasonable assurance that--
       (A) the eligible entity will implement the eligible 
     activity in accordance with the application submitted under 
     subsection (b); and
       (B) the eligible activity will support--
       (i) the resilience, diversity, security, or strength of a 
     covered supply chain; and
       (ii) the national security or economic security of the 
     United States.
       (5) The eligible entity agrees to provide the information 
     required under subsection (o)(3).
       (6) For an eligible activity described in subparagraph (B) 
     or (C) of subsection (c)(2), relocation of a manufacturing 
     facility or operations into the United States is 
     uneconomical.
       (7) The eligible activity does not support the production 
     of a critical good subject to an anti-dumping or 
     countervailing duty order imposed by the United States.
       (f) Criteria.--The Assistant Secretary shall establish 
     criteria for the providing of grants, loans, and loan 
     guarantees under this section that meet the requirements of 
     subsection (e), including the following:
       (1) The extent to which the applicable eligible activity 
     supports the resilience, diversity, security, and strength of 
     a covered supply chain.
       (2) The extent to which the applicable eligible activity is 
     funded or financed by non-Federal sources.
       (3) The extent to which the grant, loan, or loan guarantee 
     will assist small and medium-sized domestic manufacturers.
       (4) The amount of appropriations that are required to fund 
     or finance the grant, loan, or loan guarantee.
       (g) Relocation Consideration.--In making a determination to 
     provide a loan or loan guarantee to an eligible entity for an 
     eligible activity described in subparagraph (B) or (C) of 
     subsection (c)(2), the Assistant Secretary--
       (1) shall--
       (A) consult with the Secretary of State and the heads of 
     other relevant Federal agencies, as appropriate; and
       (B) to the extent practicable, ensure that no single ally 
     or key international partner benefits from an outsized amount 
     of Federal funding provided under this section; and
       (2) may take into considerations labor and environmental 
     standards of the applicable ally or key international partner 
     when considering the siting locations for the eligible 
     activity.
       (h) Relocation Limitations.--As a condition of receiving a 
     loan or loan guarantee for an eligible activity described 
     under subparagraph (B) or (C) of subsection (c)(2), the 
     Assistant Secretary shall prohibit an eligible entity from 
     making capital or labor investments in the manufacturing 
     facility or operation in the country of concern for the 
     duration of the grant, loan, or loan guarantee.
       (i) Grant Cost Share.--
       (1) In general.--The amount of a grant provided under this 
     section may not exceed 80 percent of the reasonably 
     anticipated costs of the eligible activity for which the 
     grant is provided.
       (2) Waiver.--Upon providing written justification to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Energy and Commerce of the House 
     of Representatives, which may be submitted with a classified 
     annex, the Assistant Secretary may waive the cost share 
     requirement of paragraph (1)--
       (A) during a period of national emergency declared under a 
     duly enacted law of the United States or by the President; or
       (B) upon making a determination that the applicable grant 
     is necessary to avert the disruption, strain, compromise, or 
     elimination of a covered supply chain that would severely 
     affect the national security or economic security of the 
     United States.
       (3) Use of other federal assistance.--Federal assistance 
     other than a grant provided under this section may be used to 
     satisfy the non-Federal share of the cost of the eligible 
     activity.
       (j) Loans and Loan Guarantees.--
       (1) In general.--The Assistant Secretary may enter into an 
     agreement with an eligible entity to provide a loan under 
     this section, the proceeds of which shall be used to finance 
     an eligible activity.
       (2) Maximum amount.--The amount of a loan provided under 
     this section may not exceed 80 percent of the reasonably 
     anticipated costs of the eligible activity for which the loan 
     is provided.
       (3) Waiver.--Upon providing written justification to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Energy and Commerce of the House 
     of Representatives, which may be submitted with a classified 
     annex, the Assistant Secretary may waive the cost share 
     requirement of paragraph (2)--
       (A) during a period of national emergency declared under a 
     duly enacted law of the United States or by the President; or
       (B) upon making a determination that the applicable loan is 
     necessary to avert the disruption, strain, compromise, or 
     elimination of a covered supply chain that would severely 
     affect the national security or economic security of the 
     United States.
       (4) Loan guarantees.--
       (A) In general.--The Assistant Secretary may provide a loan 
     guarantee to a lender in lieu of providing a loan under this 
     section.
       (B) Terms.--The terms of a loan guarantee provided under 
     this section shall be consistent with the terms established 
     in this subsection for a loan.

[[Page S5840]]

       (k) Manufacturing Investment Companies.--
       (1) In general.--The Assistant Secretary may provide a loan 
     or loan guarantee under this subsection to a manufacturing 
     investment company.
       (2) Equity capital.--A manufacturing investment company 
     shall use the proceeds of a loan or loan guarantee provided 
     under this subsection to provide a source of equity capital 
     for eligible entities to carry out eligible activities.
       (3) Application.--The Assistant Secretary may not provide a 
     loan or loan guarantee to a manufacturing investment company 
     under this subsection unless the manufacturing investment 
     company submits to the Assistant Secretary an application at 
     such time, in such form, and containing such information as 
     the Assistant Secretary may require, which shall include the 
     following:
       (A) A plan describing how the manufacturing investment 
     company intends to provide equity capital to eligible 
     entities to support the resilience, diversity, security, and 
     strength of covered supply chains.
       (B) Information regarding the relevant qualifications and 
     general reputation of the management of the manufacturing 
     investment company.
       (C) A description of how the manufacturing investment 
     company intends to address the unmet capital needs of 
     eligible entities.
       (D) A description of whether and to what extent the 
     manufacturing investment company meets the criteria 
     established under paragraph (4).
       (E) For a manufacturing investment company seeking to 
     provide equity capital for an eligible activity described in 
     subparagraph (B) or (C) of subsection (c)(2), a description 
     of domestic manufacturing operations for the production of 
     the applicable critical good.
       (4) Criteria.--The Secretary shall establish criteria for 
     the providing of a loan or loan guarantee under this 
     subsection to a manufacturing investment company, including 
     the following:
       (A) The extent to which the equity capital to be provided 
     under paragraph (2) will support the resilience, diversity, 
     security, and strength of covered supply chains.
       (B) The extent to which the activities described in the 
     plan submitted under paragraph (3)(A) will be funded or 
     financed by non-Federal sources.
       (C) The extent to which the manufacturing investment 
     company will assist small and medium-sized domestic 
     manufacturers.
       (D) The amount of appropriations that are required to fund 
     or finance the loan or loan guarantee.
       (5) Requirements.--As a condition of providing a loan or 
     loan guarantee under this subsection, the Assistant Secretary 
     shall require a manufacturing investment company to certify 
     the following:
       (A) The applicable equity capital is for an eligible 
     activity.
       (B) Without the applicable equity capital, the eligible 
     entity would not be able to fund or finance the eligible 
     activity under reasonable terms and conditions.
       (C) The applicable equity capital is a cost effective, 
     expedient, and practical form of financial assistance for the 
     eligible activity.
       (D) There is a reasonable assurance that--
       (i) the eligible entity will implement the eligible 
     activity; and
       (ii) the eligible activity will support--

       (I) the resilience, diversity, security, or strength of a 
     covered supply chain; and
       (II) the national security or economic security of the 
     United States.

       (E) The manufacturing investment company will provide the 
     information required under paragraph (6)(C).
       (F) In the case of an eligible activity described in 
     subsection (c)(2) (B) or (C), relocation of a manufacturing 
     facility or operations into the United States is 
     uneconomical.
       (G) The eligible activity does not support the production 
     of a critical good subject to an anti-dumping or 
     countervailing duty order imposed by the United States.
       (6) Performance measures.--For loans and loan guarantees 
     provided under this subsection, the Assistant Secretary 
     shall--
       (A) develop metrics to assess the extent to which 
     manufacturing investment companies meet the criteria 
     established under paragraph (4);
       (B) assess the extent to which each manufacturing 
     investment company to which a loan or loan guarantee is 
     provided is meeting the criteria established under paragraph 
     (4); and
       (C) require each manufacturing investment company to which 
     a loan or loan guarantee is provided to provide to the 
     Assistant Secretary any information relating to the loan or 
     loan guarantee that the Assistant Secretary determines to be 
     necessary to conduct the assessment under subparagraph (B).
       (7) Equity caps.--The Assistant Secretary may, as a 
     condition of providing a loan or loan guarantee under this 
     subsection, establish limits on--
       (A) the maximum amount of equity or quasi-equity 
     securities, shares, or financial interests a manufacturing 
     investment company may purchase, make and fund commitments to 
     purchase, invest in, make pledges in respect of, or otherwise 
     acquire from an eligible entity; and
       (B) the maximum amount of assets a manufacturing investment 
     company may hold to be eligible for the loan or loan 
     guarantee.
       (8) Conditions.--The Assistant Secretary may prescribe 
     specifically, or by maximum limits or otherwise, rates of 
     interest, guarantee and commitment fees, and other charges 
     that may be made in connection with equity capital made under 
     this subsection.
       (9) Relocation consideration.--In making a determination to 
     provide a loan or loan guarantee to a manufacturing 
     investment company for an eligible activity described in 
     subparagraph (B) or (C) of subsection (c)(2), the Assistant 
     Secretary may take into consideration labor and environmental 
     standards of the applicable ally or key international partner 
     when considering the siting locations for the eligible 
     activity.
       (10) Relocation limitations.--As a condition of receiving a 
     loan or loan guarantee from a manufacturing investment 
     company for an eligible activity described in subparagraph 
     (B) or (C) of subsection (c)(2), the manufacturing investment 
     company shall prohibit an eligible entity from making capital 
     or labor investments in the manufacturing facility or 
     operation in the country of concern for the duration of the 
     equity capital.
       (l) Creditworthiness.--
       (1) In general.--For a loan or loan guarantee provided 
     under this section, the applicable manufacturing investment 
     company, or eligible entity and eligible activity, receiving 
     such loan or loan guarantee shall be creditworthy, as 
     determined by the Assistant Secretary.
       (2) Considerations.--In determining the creditworthiness of 
     a manufacturing investment company, or an eligible entity and 
     eligible activity, under paragraph (1), with respect to a 
     loan or loan guarantee provided under this section, the 
     Assistant Secretary shall take into consideration relevant 
     factors, including the following:
       (A) The terms, conditions, financial structure, and 
     security features of the loan or loan guarantee.
       (B) The revenue sources that will secure or fund any note, 
     bond, debenture, or other debt obligation issued in 
     connection with the loan or loan guarantee.
       (C) The financial assumptions upon which the loan or loan 
     guarantee is based.
       (D) The ability of, as applicable--
       (i) the manufacturing investment company to provide a 
     source of equity capital for eligible entities; or
       (ii) the eligible entity to successfully achieve the goal 
     of the eligible activity.
       (E) The financial soundness and credit history of the 
     manufacturing investment company or eligible entity, as 
     applicable.
       (m) Conditions.--The Assistant Secretary may prescribe--
       (1) specifically, or by maximum limits or otherwise, rates 
     of interest, guarantee and commitment fees, and other charges 
     that may be made in connection with a loan or loan guarantee 
     made under this section; and
       (2) regulations governing the forms and procedures (which 
     shall be uniform to the extent practicable) to be used in 
     connection with loans and loan guarantees described in 
     paragraph (1).
       (n) Selection of Recipients.--
       (1) Ability to meet criteria.--To the extent practicable, 
     in providing grants, loans, and loan guarantees under this 
     section, the Assistant Secretary shall--
       (A) select--
       (i) manufacturing investment companies that best meet the 
     criteria established under subsection (k)(4); and
       (ii) eligible entities and eligible activities that best 
     meet the criteria established under subsection (f); and
       (B) serve the greatest needs for a diverse array of 
     critical industries.
       (2) Priority.--In providing grants, loans, and loan 
     guarantees under this section, the Assistant Secretary shall 
     prioritize--
       (A) eligible activities that--
       (i) are within the United States and employ citizens of the 
     United States; and
       (ii) will result in the production of critical goods that 
     relate to the strategic needs of the Federal Government in 
     preparing for and responding to supply chain shocks;
       (B) eligible entities that agree to coordinate with the 
     Assistant Secretary to assist the United States in preparing 
     for and responding to supply chain shocks, including through 
     the manufacture of critical goods, as necessary; and
       (C) small and medium-sized manufacturers.
       (o) Performance Measures.--For grants, loans, and loan 
     guarantees provided under this section to eligible entities, 
     the Assistant Secretary shall--
       (1) develop metrics to assess the extent to which the 
     criteria established under subsection (f) are met;
       (2) assess the extent to which the criteria established 
     under subsection (f) are met; and
       (3) require the eligible entity to provide to the Assistant 
     Secretary any information that the Assistant Secretary 
     determines to be necessary to conduct the assessment under 
     paragraph (2).
       (p) Construction Projects.--The requirements of section 602 
     of the Public Works and Economic Development Act of 1965 (42 
     U.S.C. 3212) shall apply to a construction project that 
     receives financial assistance from the Assistant Secretary 
     under this section in the same manner as such requirements 
     apply to a project assisted by the Secretary under such Act.
       (q) Workforce Protections.--Any eligible entity and 
     manufacturing investment company applying for a grant, loan, 
     or loan guarantee under this section, in any case in which 
     the eligible entity has not fewer than 100 employees, shall 
     make a good-faith certification to the Assistant Secretary 
     that--

[[Page S5841]]

       (1) the eligible entity will not abrogate existing 
     collective bargaining agreements, as applicable, for--
       (A) the term of the grant; or
       (B) the term of the loan or loan guarantee and 2 years 
     after completing repayment of the loan; and
       (2) the eligible entity will remain neutral in any union 
     organizing effort for the term of the grant, loan, or loan 
     guarantee.
       (r) Consistency With International Agreements.--This 
     section shall be applied in a manner that is consistent with 
     United States obligations under international agreements.
       (s) Limitation.--To the extent practicable, none of the 
     funds made available to carry out this section may be used to 
     support manufacturing in a country of concern.
       (t) Regulations.--The Assistant Secretary may promulgate 
     such regulations as the Assistant Secretary determines to be 
     appropriate to carry out this section.
       (u) Supply Chains for Critical Manufacturing Industries 
     Fund.--
       (1) Establishment.--There is established in the Treasury of 
     the United States a fund to be known as the ``Supply Chains 
     for Critical Manufacturing Industries Fund'' (referred to in 
     this section as the ``Fund''), which shall solely be used by 
     the Assistant Secretary to carry out this section.
       (2) Revolving loan fund.--The proceeds of any rates of 
     interest, guarantee and commitment fees, and other charges 
     prescribed under subsection (m)(1) shall be deposited into 
     the Fund.
       (v) Rule of Construction.--Nothing in this section may be 
     construed to permit the proceeds of a grant, loan, loan 
     guarantee, or equity investment to support activities that 
     offshore manufacturing capacity from the United States.
       (w) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     the Fund $45,000,000,000 for fiscal years 2022 through 2027, 
     which shall remain available until expended.
       (2) Purposes.--Of the amount appropriated pursuant to the 
     authorization under paragraph (1), not more than--
       (A) $31,000,000,000 may be used to provide loans and loan 
     guarantees to eligible entities;
       (B) $10,000,000,000 may be used to provide grants to 
     eligible entities;
       (C) $4,000,000,000 may be used to provide loans and loan 
     guarantees to manufacturing investment companies; and
       (D) 2 percent per fiscal year may be used for 
     administrative costs.

     SEC. 1087. SUPPLY CHAIN INNOVATION AND BEST PRACTICES.

       (a) In General.--The Assistant Secretary, in consultation 
     with the Director of the National Institute of Standards and 
     Technology, shall, on an ongoing basis, facilitate and 
     support the development of a voluntary set of standards, 
     guidelines, best practices, management strategies, 
     methodologies, procedures, and processes for domestic 
     manufacturers and entities manufacturing, purchasing, or 
     using a critical good to--
       (1) measure the resilience, diversity, security, and 
     strength of covered supply chains;
       (2) evaluate the value of the resilience, diversity, 
     security, and strength of covered supply chains; and
       (3) design organizational processes and incentives to 
     reduce the risks of disruption, strain, compromise, or 
     elimination of a covered supply chain.
       (b) Requirements.--In carrying out subsection (a), the 
     Assistant Secretary shall do the following:
       (1) Coordinate closely and regularly with relevant private 
     sector personnel and entities, manufacturing extension 
     centers established as part of the Hollings Manufacturing 
     Extension Partnership carried out under section 25 of the 
     National Institute of Standards and Technology Act (15 U.S.C. 
     278k), Manufacturing USA institutes described in section 
     34(d) of that Act (15 U.S.C. 278s(d)), and other relevant 
     stakeholders and incorporate industry expertise.
       (2) Consult with the head of any relevant Federal agency, 
     including those with jurisdiction over covered supply chains, 
     States, local governments, Tribal governments, the 
     governments of other nations, and international 
     organizations, as necessary.
       (3) Collaborate with private sector stakeholders to 
     identify a prioritized, flexible, repeatable, performance-
     based, and cost-effective approach that may be voluntarily 
     adopted by domestic manufacturers and entities purchasing or 
     using a critical good to help those domestic manufacturers 
     and entities--
       (A) identify, assess, and manage risks to covered supply 
     chains; and
       (B) value the resilience, diversity, security, and strength 
     of their covered supply chains.
       (4) Facilitate the design of--
       (A) voluntary processes for selecting suppliers that 
     support the resilience, diversity, security, and strength of 
     covered supply chains; and
       (B) methodologies to identify and mitigate the effects of a 
     disruption, strain, compromise, or elimination of a covered 
     supply chain.
       (5) Disseminate research and information to assist domestic 
     manufacturers redesign products, expand manufacturing 
     capacity, and improve capabilities to meet domestic needs for 
     critical goods and covered supply chains.
       (6) Incorporate relevant voluntary standards and industry 
     best practices.
       (7) Consider small business concerns.
       (8) Any other elements the Assistant Secretary determines 
     to be necessary.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Office $500,000,000 for each of 
     fiscal years 2022 through 2027, to remain available until 
     expended, for the Assistant Secretary to carry out this 
     section, of which not more than 2 percent per fiscal year may 
     be used for administrative costs.

     SEC. 1088. PROGRAM EVALUATION BY THE INSPECTOR GENERAL OF THE 
                   DEPARTMENT OF COMMERCE.

       (a) Program Evaluation.--Not later than 4 years after the 
     date of enactment of this Act, and once every 4 years 
     thereafter, the Inspector General of the Department of 
     Commerce shall conduct an audit of the Office to--
       (1) evaluate the performance of the activities supported by 
     a grant, loan, or loan guarantee provided under section 1086;
       (2) evaluate the extent to which the requirements and 
     criteria under this subtitle are met; and
       (3) provide recommendations on any proposed changes to 
     improve the effectiveness of the Office on meeting the 
     mission described in section 1083(b).
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Inspector General of the Department 
     of Commerce $5,000,000 for each of fiscal years 2022 through 
     2027, to remain available until expended, to carry out 
     subsection (a).

     SEC. 1089. SUPPLY CHAIN DATABASE AND TOOLKIT.

       (a) Establishment.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall establish a 
     database and online toolkit under which--
       (A) United States businesses may voluntarily submit to the 
     Secretary information on--
       (i) the products produced by those businesses in the United 
     States, which may be finished goods or inputs for other 
     goods;
       (ii) the inputs required for the products described in 
     clause (i), 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 relating to perceived or realized 
     challenges in securing the input;
       (IV) information relating 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--

       (aa) why the input is sourced from a foreign country rather 
     than sourced from in the United States; and
       (bb) if the United States business would be interested in 
     identifying an alternative produced in the United States;
       (B) United States businesses may request and receive 
     contact information or general information about a United 
     States source or a foreign source for an input;
       (C) United States businesses are able to specify--
       (i) what information can be shared with other United States 
     businesses;
       (ii) what information should be shared only with the 
     Department of Commerce; and
       (iii) what information could be submitted to Congress or 
     made available to the public; and
       (D) the Secretary shall make information provided under 
     this paragraph available, subject to subparagraph (C), to 
     enable other United States businesses to identify inputs for 
     their products produced in the United States.
       (2) Format; public availability.--The Secretary shall--
       (A) provide the database and online toolkit established 
     under paragraph (1) on a publicly available website of the 
     Department of Commerce; and
       (B) ensure that the database and online toolkit are--
       (i) searchable and filterable according to the type of 
     information; and
       (ii) presented in a user-friendly format.
       (3) Exemption from public disclosure.--Information 
     submitted to the Secretary in relation to the database and 
     online toolkit established under paragraph (1)--
       (A) shall be exempt from disclosure under section 552(b)(3) 
     of title 5, United States Code; and
       (B) shall not be made available by any Federal, State, 
     political subdivision, or Tribal authority pursuant to any 
     Federal, State, political subdivision, or Tribal law 
     requiring public disclosure of information or records.
       (4) Reporting.--
       (A) Report to congress.--Not later than 180 days after the 
     date of enactment of this Act, and once every 4 years 
     thereafter, the Secretary shall submit to Congress a report 
     that includes--
       (i) an assessment of the effectiveness of the database and 
     online toolkit established under paragraph (1), including 
     statistics regarding the number of new entries, total 
     businesses involved, and any change in participation rate 
     during the preceding 180-day period;
       (ii) recommendations for additional actions to improve the 
     database and online

[[Page S5842]]

     toolkit and participation in the database and online toolkit; 
     and
       (iii) such other information as the Secretary considers 
     appropriate.
       (B) Public report.--Not later than 1 year after the date of 
     enactment of this Act, and annually thereafter, the Secretary 
     shall post on a publicly available website of the Department 
     of Commerce a report that sets forth--
       (i) general statistics relating 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 the inputs described in clause (ii), which 
     shall be disaggregated by industry, geographical location, 
     and size of operation; and
       (iv) a description of the methodology used to calculate the 
     statistics and estimates required under this paragraph.
       (b) Public Outreach Campaign.--
       (1) In general.--The Secretary shall carry out a national 
     public outreach campaign--
       (A) to educate United States businesses about the existence 
     of the database and online toolkit established under 
     subsection (a); and
       (B) to facilitate and encourage the participation of United 
     States businesses in the database and online toolkit 
     established under subsection (a).
       (2) Outreach requirement.--In carrying out the campaign 
     under paragraph (1), the Secretary shall--
       (A) establish an advertising and outreach program directed 
     to businesses, industries, State and local agencies, chambers 
     of commerce, and labor organizations--
       (i) to facilitate understanding of the value of an 
     aggregated demand mapping system; and
       (ii) to advertise that the database and online toolkit 
     established under subsection (a) are available for that 
     purpose;
       (B) not later than 10 days after the date of enactment of 
     this Act, notify appropriate State agencies regarding the 
     development of the database and online toolkit established 
     under subsection (a); and
       (C) post a notice on a publicly available website of the 
     Department of Commerce and establish a social media awareness 
     campaign to advertise the database and online toolkit.
       (3) Coordination.--In carrying out the campaign under 
     paragraph (1), the Secretary may coordinate with other 
     Federal agencies and State or local agencies, as appropriate.
       (4) Separate accounting.--The Secretary shall include in 
     the budget justification materials submitted to Congress in 
     support of the budget request of the Department of Commerce 
     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 
     paragraph (1).
       (c) Use of Department of Commerce Resources.--
       (1) In general.--The Secretary--
       (A) shall, to the maximum extent practicable, construct the 
     database and online toolkit required under subsection (a), 
     and related analytical features, using expertise within the 
     Department of Commerce; and
       (B) may, as appropriate, adopt new technologies and hire 
     additional employees to carry out this section.
       (2) Minimization of contracting.--If the activities 
     described in subparagraphs (A) and (B) of paragraph (1) 
     cannot be completed without the employment of contractors, 
     the Secretary shall seek to minimize the number of 
     contractors and the scope of the contract.
       (d) Termination.--This section shall terminate on September 
     30, 2025.
                                 ______