Supply Chain Health And Integrity for the Nation Act or the Supply CHAIN Act
This bill establishes the Supply Chain Resiliency and Crisis Response Office to monitor and respond to disruptions in critical industries and supply chains.
Specifically, the office must (1) identify high-priority supply chain gaps and vulnerabilities in critical industries, (2) identify and evaluate the effect of supply chain disruptions on U.S. economic security, and (3) collaborate with other governmental bodies and key international partners to identify opportunities to reduce supply chain gaps and vulnerabilities.
The office also must establish a unified coordination group to oversee the interagency response to supply chain shocks and the office must designate certain critical industries, supply chains, and critical goods and services.
The bill includes various reporting requirements.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5479 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 5479
To establish the Supply Chain Resiliency and Crisis Response Office in
the Department of Commerce, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 5, 2021
Ms. Bourdeaux (for herself, Ms. Kelly of Illinois, and Mr. Kinzinger)
introduced the following bill; which was referred to the Committee on
Energy and Commerce
_______________________________________________________________________
A BILL
To establish the Supply Chain Resiliency and Crisis Response Office in
the Department of Commerce, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Supply Chain Health And Integrity
for the Nation Act'' or the ``Supply CHAIN Act''.
SEC. 2. SUPPLY CHAIN RESILIENCY AND CRISIS RESPONSE OFFICE.
(a) Definitions.--In this section:
(1) Critical good or service.--The term ``critical good or
service'' means any raw, in process, or manufactured material
(including any mineral, metal, or advanced processed material),
article, commodity, supply, product, or item of supply the
absence of which would have a significant effect on--
(A) the national security or economic security of
the United States; and
(B) critical infrastructure.
(2) Critical industry.--The term ``critical industry''
means an industry that is critical for the national security or
economic security of the United States, considering key
technology focus areas under this section and critical
infrastructure.
(3) Critical infrastructure.--The term ``critical
infrastructure'' has the meaning given to that term in the
Critical Infrastructures Protection Act of 2001 (42 U.S.C.
5195c).
(4) Domestic enterprise.--The term ``domestic enterprise''
means an enterprise that conducts business in the United States
and procures a critical good or service.
(5) Domestic manufacturer.--The term ``domestic
manufacturer'' means a business that--
(A) conducts in the United States the research and
development, engineering, or production activities
necessary or incidental to manufacturing; or
(B) if provided financial assistance by the Federal
Government, will conduct in the United States the
research and development, engineering, or production
activities necessary or incidental to manufacturing.
(6) Economically distressed area.--The term ``economically
distressed area'' means an area that meets 1 or more of the
requirements described in section 301(a) of the Public Works
and Economic Development Act of 1965 (42 U.S.C. 3161(a)).
(7) Federal agency.--The term ``Federal agency'' has the
meaning given the term ``agency'' in section 551 of title 5,
United States Code.
(8) Industrial equipment.--The term ``industrial
equipment'' means any component, subsystem, system, equipment,
tooling, accessory, part, or assembly necessary for the
manufacturing of a critical good or service.
(9) Key technology focus areas.--The term ``key technology
focus areas'' means the following:
(A) Artificial intelligence, machine learning,
autonomy, and related advances.
(B) High-performance computing, semiconductors, and
advanced computer hardware and software.
(C) Quantum information science and technology.
(D) Robotics, automation, and advanced
manufacturing.
(E) Natural and anthropogenic disaster prevention
or mitigation.
(F) Advanced communications technology, including
optical transmission components.
(G) Biotechnology, medical technology, genomics,
and synthetic biology.
(H) Data storage, data management, distributed
ledger technologies, and cybersecurity, including
biometrics.
(I) Advanced energy and industrial efficacy
technologies, such as batteries, advanced nuclear
technologies, and polysilicon for use in solar
photovoltaics, including for the purposes of electric
generation (consistent with section 15 of the National
Science Foundation Act of 1950 (42 U.S.C. 1874)).
(J) Advanced materials science, including
composites and 2D materials and equipment, aerospace
grade metals, and aerospace specific manufacturing
enabling chemicals.
(10) Labor organization.--The term ``labor organization''
has the meaning given the term in section 2(5) of the National
Labor Relations Act (29 U.S.C. 152(5)), except that such term
shall also include--
(A) any organization composed of labor
organizations, such as a labor union federation or a
State or municipal labor body; and
(B) any organization which would be included in the
definition for such term under such section 2(5) but
for the fact that the organization represents--
(i) individuals employed by the United
States, any wholly owned Government
corporation, any Federal Reserve Bank, or any
State or political subdivision thereof;
(ii) individuals employed by persons
subject to the Railway Labor Act (45 U.S.C. 151
et seq.); or
(iii) individuals employed as agricultural
laborers.
(11) Manufacturing technology.--The term ``manufacturing
technology'' means technologies that are necessary or
incidental to the manufacturing of a critical good or service.
(12) Office.--The term ``Office'' means the Supply Chain
Resiliency and Crisis Response Office established under
subsection (b).
(13) Relevant committees of congress.--The term ``relevant
committees of Congress'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Finance of the Senate;
(D) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(E) the Committee on Armed Services of the Senate;
(F) the Committee on Energy and Natural Resources
of the Senate;
(G) the Select Committee on Intelligence of the
Senate;
(H) the Committee on Science, Space, and Technology
of the House of Representatives;
(I) the Committee on Energy and Commerce of the
House of Representatives;
(J) the Committee on Appropriations of the House of
Representatives;
(K) the Committee on Ways and Means of the House of
Representatives;
(L) the Committee on Homeland Security of the House
of Representatives;
(M) the Committee on Armed Services of the House of
Representatives; and
(N) the Permanent Select Committee on Intelligence
of the House of Representatives.
(14) Resilient supply chain.--The term ``resilient supply
chain'' means a supply chain that--
(A) ensures that the United States can sustain
critical industry production, supply chains, services,
and access to critical goods and services, industrial
equipment, and manufacturing technology during supply
chain shocks; and
(B) has key components of resilience that include--
(i) effective private sector risk
management and mitigation planning to sustain
supply chains and supplier networks during a
supply chain shock;
(ii) minimized or managed exposure to
supply chain shocks; and
(iii) the financial and operational
capacity to--
(I) sustain supply chains during
supply chain shocks; and
(II) recover from supply chain
shocks.
(15) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(16) State.--The term ``State'' means each State of the
United States, the District of Columbia, American Samoa, Guam,
the Commonwealth of the Northern Mariana Islands, the
Commonwealth of Puerto Rico, the Virgin Islands of the United
States, and any other territory or possession of the United
States.
(17) Supply chain.--The term ``supply chain'' means a
supply chain for a critical good or service.
(18) Supply chain information.--The term ``supply chain
information'' means information that is not customarily in the
public domain and relating to--
(A) sustaining and adapting supply chains during a
supply chain shock;
(B) supply chain risk mitigation and recovery
planning with respect to a supply chain shock,
including any planned or past assessment, projection,
or estimate of a vulnerability within the supply chain,
including testing, supplier network assessments,
production flexibility, risk evaluations thereto, risk
management planning, or risk audits; or
(C) operational best practices, planning, and
supplier partnerships that enable enhanced resilience
of supply chains during a supply chain shock, including
response, repair, recovery, reconstruction, insurance,
or continuity.
(19) Supply chain shock.--The term ``supply chain shock''
includes the following:
(A) A natural disaster or extreme weather event.
(B) An accidental or human-caused event.
(C) An economic disruption.
(D) A pandemic.
(E) A biological threat.
(F) A cyberattack.
(G) A great power conflict.
(H) A terrorist or geopolitical attack.
(I) Any other supply chain disruption or threat
that affects the national security or economic security
of the United States.
(20) Tribal government.--The term ``Tribal government''
means Indian Tribes, Alaska Native Tribal entities, and Native
Hawaiian communities.
(21) Under secretary.--The term ``Under Secretary'' means
the Under Secretary of the Office of Supply Chain Resiliency
and Crisis Response appointed pursuant to subsection (d).
(b) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish a Supply Chain
Resiliency and Crisis Response Office to carry out the activities
described in subsection (e).
(c) Mission.--The mission of the Office shall be the following:
(1) Help to promote the leadership of the United States
with respect to critical industries and supply chains that--
(A) strengthen the national security of the United
States; and
(B) have a significant effect on the economic
security of the United States.
(2) Encourage partnerships and collaboration with the
Federal Government and the private sector, labor organizations,
the governments of countries that are allies or key
international partners of the United States, State governments
and political subdivisions of a State, and Tribal governments
in order to--
(A) promote the resilience of supply chains; and
(B) respond to supply chain shocks to--
(i) critical industries; and
(ii) supply chains.
(3) Monitor the resilience, diversity, security, and
strength of supply chains and critical industries, including
by--
(A) monitoring the financial and operational
conditions of domestic manufacturers and domestic
enterprises;
(B) performing stress tests for critical
industries, supply chains, domestic enterprises, and
domestic manufacturers;
(C) monitoring the demand and supply of critical
goods and services, industrial equipment, and
manufacturing technology;
(D) monitoring manufacturing, warehousing,
transportation, and distribution; and
(E) working in partnership with the coordination
group established under subsection (g), as applicable.
(4) Support the development, maintenance, improvement,
competitiveness, restoration, and expansion of the productive
capacities, efficiency, and workforce of critical industries
and domestic manufacturers of critical goods and services,
industrial equipment, and manufacturing technology.
(5) Prepare for and take appropriate steps to minimize the
effects of supply chain shocks on critical industries and
supply chains.
(6) Support the creation of jobs with competitive wages in
the manufacturing sector.
(7) Encourage manufacturing growth and opportunities in
economically distressed areas and communities of color.
(8) Promote the health of the economy of the United States
and the competitiveness of manufacturing in the United States.
(9) Coordinate executive branch actions necessary to carry
out the functions described in paragraphs (1) through (8).
(d) Under Secretary of the Office.--
(1) Appointment and term.--The head of the Office shall be
the Under Secretary of the Office of Supply Chain Resiliency
and Crisis Response, appointed by the President, by and with
the advice and consent of the Senate, for a term of not more
than 5 years.
(2) Pay.--The Under Secretary shall be compensated at the
rate in effect for level II of the Executive Schedule under
section 5313 of title 5, United States Code.
(3) Administrative authorities.--The Under Secretary may
appoint officers and employees in accordance with chapter 51
and subchapter III of chapter 53 of title 5, United States
Code.
(e) Activities.--The Under Secretary shall carry out the following
activities:
(1) In collaboration with the coordination group
established under subsection (g)--
(A) map, monitor, and model supply chains; and
(B) identify high priority supply chain gaps and
vulnerabilities in critical industries and supply
chains that--
(i) exist as of the date of the enactment
of this section; or
(ii) are anticipated in the future.
(2) Identify and evaluate--
(A) supply chain shocks that may disrupt, strain,
compromise, or eliminate a supply chain;
(B) short-term, medium-term, and long-term
manufacturing needs critical to the national security,
economic security, public health, and the environment
of the United States;
(C) the diversity, security, reliability, and
strength of--
(i) supply chains, including single point
of failure, single producer, or consolidated
manufacturing; and
(ii) the sources of critical goods and
services, industrial equipment, or
manufacturing technology, including those
obtained or purchased from a person outside of
the United States or imported into the United
States;
(D) the demand and supply of critical goods and
services, industrial equipment, and manufacturing
technology;
(E) the availability, capability, and capacity of
domestic manufacturers or manufacturers in allied
nations or other key international partners to serve as
a source of a critical good or service, industrial
equipment, or manufacturing technology;
(F) the effect on the economic security of the
United States, including jobs and wages, that may
result from the disruption, strain, compromise, or
elimination of any supply chain;
(G) the state of the manufacturing workforce,
including--
(i) the needs of domestic manufacturers;
and
(ii) opportunities to create high-quality
manufacturing jobs; and
(H) investments in critical goods and services,
industrial equipment, or manufacturing technology from
non-Federal sources.
(3) In collaboration with the coordination group
established under subsection (g), State governments and
political subdivisions of a State, and Tribal governments, and,
as appropriate, in cooperation with the governments of
countries that are allies or key international partners of the
United States--
(A) identify opportunities to reduce supply chain
gaps and vulnerabilities in critical industries and
supply chains;
(B) encourage partnerships between the Federal
Government and industry, labor organizations, State
governments and political subdivisions of a State, and
Tribal governments to better respond to supply chain
shocks to critical industries and supply chains and
coordinate response efforts;
(C) encourage partnerships between the Federal
Government and the governments of countries that are
allies or key international partners of the United
States;
(D) develop or identify opportunities to build the
capacity of the United States in critical industries
and supply chains;
(E) develop or identify opportunities to build the
capacity of countries that are allies or key
international partners of the United States in critical
industries and supply chains; and
(F) develop contingency plans and coordination
mechanisms to improve critical industry supply chain
response to supply chain shocks.
(4) In coordination with the Secretary of State and the
United States Trade Representative--
(A) work with governments of countries that are
allies or key international partners of the United
States to promote diversified and resilient supply
chains industries that ensure the supply of critical
goods and services, industrial equipment, and
manufacturing technology to both the United States and
companies of countries that are allies or key
international partners of the United States; and
(B) coordinate with other offices and divisions of
the Department of Commerce and other Federal agencies
to use authorities, as of the date of the enactment of
this section, to encourage the resilience of supply
chains of critical industries.
(5) Develop strategies and plans to recover from supply
chain shocks.
(f) Continuous Monitoring.--The Under Secretary, in consultation
with the head of any relevant Federal agency, including those with
jurisdiction over supply chains, shall continuously monitor the
resilience, diversity, security, and strength of supply chains.
(g) Coordination Group.--
(1) In general.--In carrying out the activities under
subsection (e), the Under Secretary shall establish a unified
coordination group led by the Under Secretary which shall
include private sector partners, labor organizations, and, as
appropriate, Federally Funded Research and Development Centers,
to serve as a method for coordinating between and among Federal
agencies described under subsection (k) to plan for and respond
to supply chain shocks and support the resilience, diversity,
security, and strength of supply chains.
(2) Implementation.--Through the unified coordination group
established under paragraph (1), the Under Secretary shall--
(A) acquire on a voluntary basis technical,
engineering, and operational supply chain information
from the private sector in a manner that ensures any
supply chain information provided by the private sector
is kept confidential as required under section
552(b)(3) of title 5, United States Code (commonly
known as the ``Freedom of Information Act'');
(B) study the supply chain information acquired
under subparagraph (A) to--
(i) identify supply chains;
(ii) assess the resilience of supply
chains;
(iii) identify supply chains vulnerable to
disruption, strain, compromise, or elimination;
and
(iv) inform planning;
(C) convene with relevant private sector entities
to share best practices, planning, and capabilities to
respond to potential supply chain shocks; and
(D) develop contingency plans and coordination
mechanisms to ensure an effective and coordinated
response to potential supply chain shocks.
(3) Subgroups.--In carrying out the activities described in
paragraph (2), the Under Secretary may establish subgroups of
the unified coordination group established under paragraph (1)
led by the head of an appropriate Federal agency.
(4) International agreements.--The Under Secretary, in
consultation with the United States Trade Representative and
any other relevant Federal agency, may enter into agreements
with governments of countries that are allies or key
international partners of the United States relating to
enhancing the security and resilience of supply chains in
response to supply chain shocks.
(h) Designations.--Not later than 180 days after the date of
enactment of this Act, the Under Secretary shall--
(1) designate--
(A) critical industries;
(B) supply chains; and
(C) critical goods and services;
(2) provide for a period of public comment and review in
carrying out paragraph (1); and
(3) update the designations made under paragraph (1) not
less frequently than once every four years.
(i) Quadrennial Report on Supply Chain Resiliency and Domestic
Manufacturing.--
(1) In general.--Not later than four years after the date
on which the final Sectoral Supply Chain Assessments report on
supply chains required under section 4(a) of Executive Order
14017 (relating to America's supply chains) is submitted, and
not later than once every four years thereafter, the Under
Secretary, in coordination with relevant Federal agencies and
relevant private sector entities, labor organizations, State
governments and political subdivisions of a State, and Tribal
governments, shall submit to the relevant committees of
Congress and post on the website of the Under Secretary a
report on supply chain resilience and domestic manufacturing
(in this subsection referred to as the ``report'') to
strengthen, improve, and preserve the diversity, security,
reliability, and strength of supply chains.
(2) Elements.--In carrying out paragraph (1), the Under
Secretary shall--
(A) identify--
(i) the critical industries, supply chains,
and critical goods and services designated
under subsection (h);
(ii) supplies that are critical to the
crisis preparedness of the United States;
(iii) substitutes for critical goods and
services, industrial equipment, and
manufacturing technology; and
(iv) the matters identified and evaluated
pursuant to subsection (e)(3);
(B) provide a description of--
(i) the manufacturing base and supply
chains in the United States, including the
manufacturing base and supply chains for--
(I) industrial equipment;
(II) critical goods and services,
including raw materials and
semiconductors, that are essential to
the production of technologies and
supplies for critical industries; and
(III) manufacturing technology; and
(ii) the ability of the United States to--
(I) maintain readiness with respect
to preparing for and responding to
supply chain shocks; and
(II) in response to a supply chain
shock--
(aa) surge production in
critical industries;
(bb) surge production of
critical goods and services and
industrial equipment; and
(cc) maintain access to
critical goods and services,
industrial equipment, and
manufacturing technology;
(C) provide an assessment and description of--
(i) demand and supply of critical goods and
services, industrial equipment, and
manufacturing technology;
(ii) production of critical goods and
services, industrial equipment, and
manufacturing technology by domestic
manufacturers; and
(iii) the capability and capacity of
domestic manufacturers and manufacturers in
countries that are allies or key international
partners of the United States to manufacture
critical goods and services, industrial
equipment, and manufacturing technology;
(D) identify defense, intelligence, homeland,
economic, domestic labor supply, natural, geopolitical,
or other contingencies and other supply chain shocks
that may disrupt, strain, compromise, or eliminate a
supply chain;
(E) provide an assessment of--
(i) the resilience and capacity of the
manufacturing base, supply chains, and
workforce of the United States, the allies of
the United States, and the key international
partners of the United States that can sustain
critical industries through a supply chain
shock;
(ii) the flexible manufacturing capacity
and capabilities available in the United States
in the case of a supply chain shock; and
(iii) the effect innovation has on domestic
manufacturing;
(F) provide specific recommendations to improve the
security and resiliency of manufacturing capacity and
supply chains through--
(i) developing long-term strategies;
(ii) increasing visibility into the
networks and capabilities of suppliers and
domestic manufacturers;
(iii) identifying industry best practices;
(iv) evaluating how diverse supplier
networks, multi-platform and multi-region
production capabilities and sources, and
integrated global and regional supply chains
can--
(I) enhance the resilience of
critical industries in the United
States;
(II) support and create jobs in the
United States;
(III) enhance the resilience of
manufacturing capabilities of the
United States; and
(IV) support access of the United
States to critical goods and services
during a supply chain shock;
(v) identifying and mitigating risks,
including--
(I) the financial and operational
risks of a supply chain;
(II) significant vulnerabilities to
supply chain shocks and other
emergencies; and
(III) exposure to gaps and
vulnerabilities in--
(aa) domestic capacity or
capabilities; and
(bb) sources of imports
needed to sustain critical
industries and supply chains;
(vi) identifying enterprise resource
planning systems that are--
(I) compatible across supply chain
tiers; and
(II) affordable for small- and
medium-sized businesses;
(vii) understanding the total cost of
ownership, total value contribution, and other
best practices that encourage strategic
partnerships throughout supply chains;
(viii) understanding Federal procurement
opportunities to increase resiliency of supply
chains and fill gaps in domestic purchasing of
critical goods and services;
(ix) identifying policies that maximize job
retention and creation in the United States,
including workforce development programs;
(x) identifying opportunities to work with
allies or key international partners of the
United States in building more resilient
critical industry supply chains and mitigating
risks;
(xi) identifying areas requiring further
investment in research and development or
workforce education; and
(xii) identifying such other services as
the Under Secretary determines necessary;
(G) provide guidance to the Department of Commerce,
the National Science Foundation, and other relevant
Federal agencies with respect to critical goods and
services, industrial equipment, and manufacturing
technologies that should be prioritized;
(H) with respect to countries that are allies or
key international partners of the United States--
(i) review and, if appropriate, provide
recommendations for expanding the sourcing of
critical goods and services, industrial
equipment, and manufacturing technology
associated with critical industries from those
countries; and
(ii) recommend coordination with those
countries on--
(I) sourcing critical goods and
services, industrial equipment, and
manufacturing technology; and
(II) developing, sustaining, and
expanding production and availability
of supply chains, critical goods and
services, industrial equipment, and
manufacturing technology during a
supply chain shock;
(I) make recommendations for strengthening the
financial and operational health of small- and medium-
sized businesses in supply chains of the United States
and countries that are allies or key international
partners of the United States to mitigate risks and
ensure diverse and competitive supplier markets that
are less vulnerable to failure;
(J) make an assessment of policies, rules, and
regulations that impact domestic manufacturers'
operating costs and inhibit the ability for domestic
manufacturing to compete with global competitors; and
(K) make recommendations regarding freight and
logistics necessary to support supply chains.
(3) Prohibition.--The report may not include--
(A) supply chain information that is not
aggregated; or
(B) confidential business information of a private
sector entity.
(4) Collaboration.--The head of any Federal agency with
jurisdiction over any supply chain shall collaborate with the
Under Secretary and provide any information, data, or
assistance that the Under Secretary determines to be necessary
for developing the report.
(5) Form.--The report submitted under this subsection, and
any update submitted thereafter, shall be submitted in
unclassified form and may include a classified annex.
(6) Public comment.--The Under Secretary shall provide for
a period of public comment and review in developing the report
required under paragraph (1).
(j) Report to Congress.--Concurrent with the annual submission by
the President of the budget under section 1105 of title 31, United
States Code, the Secretary shall submit to the relevant committees of
Congress and post on the website of the Under Secretary a report that
contains a summary of the activities required under subsection (e)
carried out under this section during the fiscal year covered by the
report. Such report shall be submitted in unclassified form and may
include a classified annex.
(k) Coordination.--
(1) In general.--In implementing the requirements under
subsection (i), the Under Secretary shall, as appropriate
coordinate with--
(A) the heads of appropriate Federal agencies,
including--
(i) the Secretary of State; and
(ii) the United States Trade
Representative; and
(B) the Attorney General and the Federal Trade
Commission with respect to--
(i) advice on the design and activities of
the unified coordination group described in
subsection (g)(1); and
(ii) ensuring compliance with Federal
antitrust law.
(2) Specific coordination.--In carrying out the
requirements under this section, with respect to supply chains
involving specific sectors, the Under Secretary shall, as
appropriate, coordinate with--
(A) the Secretary of Defense;
(B) the Secretary of Homeland Security;
(C) the Secretary of the Treasury;
(D) the Secretary of Energy;
(E) the Secretary of Transportation;
(F) the Secretary of Agriculture;
(G) the Under Secretary of National Intelligence;
(H) the Secretary of Health and Human Services;
(I) the Small Business Administration;
(J) the Secretary of Labor; and
(K) the heads of other relevant Federal agencies,
as appropriate.
(l) Rule of Construction.--Nothing in this section shall be
construed to require any private entity--
(1) to share information with the Secretary or Under
Secretary;
(2) to request assistance from the Secretary or Under
Secretary; or
(3) that requests assistance from the Secretary or Under
Secretary to implement any measure or recommendation suggested
by the Secretary or Under Secretary.
(m) Protections.--
(1) In general.--Supply chain information that is
voluntarily and lawfully submitted by a private entity and
accompanied by an express statement described in paragraph (2)
of this subsection--
(A) shall be exempt from disclosure under section
552(b)(3) of title 5, United States Code;
(B) shall not be made available by any Federal,
State, local, or Tribal authority pursuant to any
Federal, State, local, or Tribal law requiring public
disclosure of information or records; and
(C) shall not, without the written consent of the
person or entity submitting such information, be used
directly by the Under Secretary, or any other Federal,
State, or local authority in any civil enforcement
action brought by a Federal, State, or local authority.
(2) Express statement.--The express statement described in
this paragraph, with respect to information or records, is--
(A) in the case of written information or records,
a written marking on the information or records
substantially similar to the following: ``This
information is voluntarily submitted to the Federal
Government in expectation of protection from disclosure
as provided by the provisions of section 2(m) of the
Supply Chain Health And Integrity for the Nation
Act.''; or
(B) in the case of oral information, a written
statement similar to the statement described in
subparagraph (A) submitted within a reasonable period
following the oral communication.
(3) Inapplicability to semiconductor incentive program.--
This subsection shall not apply to the voluntary submission of
supply chain information by a private entity in an application
for Federal financial assistance under section 9902 of the
William M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021 (Public Law 116-283).
(n) No Effect on Discovery.--Subject to subsection (m), nothing in
this section, nor any rule, regulation, or amendment shall be construed
to create a defense to a discovery request, or otherwise limit or
affect the discovery of supply chain information from a private entity
arising from a cause of action authorized under any under Federal,
State, local, or Tribal law.
(o) Implementation Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the
relevant committees of Congress and post on the website of the
Under Secretary a report on the implementation of this section.
(2) Elements.--In carrying out paragraph (1), the Secretary
shall--
(A) identify any office or bureau within the
Department of Commerce that the Secretary determines
has duties, responsibilities, resources, or expertise
that support or duplicate the mission of the Office;
(B) describe the purposes of the offices or bureaus
identified under subparagraph (A);
(C) identify if the Under Secretary is coordinating
with the offices and bureaus identified under
subparagraph (A) in implementing the requirements of
this Act;
(D) if the Secretary makes a positive determination
under subparagraph (C), evaluate the effectiveness and
efficiency of the Under Secretary and the offices and
bureaus identified under subparagraph (A) at
implementing the requirements of this section; and
(E) identify if the Secretary will consolidate
functions amongst the Office and the offices and
bureaus identified under subparagraph (A).
(p) Consistency With International Agreements.--This section shall
be applied in a manner consistent with United States obligations under
international agreements.
(q) Authorization of Appropriations.--There is authorized to be
appropriated to the Under Secretary $500,000,000 for fiscal years 2022
through 2027, to remain available until expended, to carry out this
section, of which not more than 2 percent per fiscal year may be used
for administrative costs.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Consumer Protection and Commerce.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line