S.Amdt. 6339

1. Adds Subtitle H--Manufacturing Security and Resilience SEC. 1081. SHORT TITLE at the end of title X

   Adds a section

   In S.Amdt. 5499 as proposed

   (2) as a recognition of Senator Inhofe's long history of engaging with, and advocating for, Africa, the Department of Defense Africa Center for Strategic Studies should be renamed the James M. Inhofe Center for Africa Strategic Studies.

   Inserted: Subtitle H--Manufacturing Security and Resilience SEC. 1081. SHORT TITLE.

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

   Inserted: SEC. 1082. DEFINITIONS.

   Inserted: In this subtitle:

   Inserted: (1) Ally or key international partner.--The term "ally or key international partner" does not include--

   Inserted: (A) a country that poses a significant national security or economic security risk to the United States; or

   Inserted: (B) a country of concern.

   Inserted: (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).

   Inserted: (3) Country of concern.--The term "country of concern" means a country--

   Inserted: (A) in which a concentrated supply chain is located; and

   Inserted: (B)(i) that poses a significant national security or economic security threat to the United States;

   Inserted: (ii) that is a covered nation, as that term is defined in section 2533c(d) of title 10, United States Code; or

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   Inserted: (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.

   Inserted: (4) Covered supply chain.--The term "covered supply chain" means a supply chain with respect to a critical good.

   Inserted: (5) Covered western hemisphere countries.--The term "covered Western Hemisphere countries" means the following countries:

   Inserted: (A) Anguilla.

   Inserted: (B) Antigua and Barbuda.

   Inserted: (C) Argentina.

   Inserted: (D) Aruba.

   Inserted: (E) The Bahamas.

   Inserted: (F) Barbados.

   Inserted: (G) Belize.

   Inserted: (H) Bermuda.

   Inserted: (I) Bolivia.

   Inserted: (J) Brazil.

   Inserted: (K) The British Virgin Islands.

   Inserted: (L) Canada.

   Inserted: (M) Chile.

   Inserted: (N) Colombia.

   Inserted: (O) Costa Rica.

   Inserted: (P) Dominica.

   Inserted: (Q) The Dominican Republic.

   Inserted: (R) Ecuador.

   Inserted: (S) El Salvador.

   Inserted: (T) Grenada.

   Inserted: (U) Guatemala.

   Inserted: (V) Guyana.

   Inserted: (W) Haiti.

   Inserted: (X) Honduras.

   Inserted: (Y) Jamaica.

   Inserted: (Z) Mexico.

   Inserted: (AA) Montserrat.

   Inserted: (BB) Panama.

   Inserted: (CC) Paraguay.

   Inserted: (DD) Peru.

   Inserted: (EE) Saint Kitts and Nevis.

   Inserted: (FF) Saint Lucia.

   Inserted: (GG) Saint Vincent and the Grenadines.

   Inserted: (HH) Suriname.

   Inserted: (II) Trinidad and Tobago.

   Inserted: (JJ) Turks and Caicos Islands.

   Inserted: (KK) Uruguay.

   Inserted: (LL) The sovereign government recognized by the United States in Venezuela.

   Inserted: (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--

   Inserted: (A) the national security or economic security of the United States; and

   Inserted: (B) critical infrastructure.

   Inserted: (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.

   Inserted: (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).

   Inserted: (9) Domestic enterprise.--The term "domestic enterprise" means an enterprise that conducts business in the United States and procures a critical good.

   Inserted: (10) Domestic manufacturer.--The term "domestic manufacturer" means a business that--

   Inserted: (A) conducts in the United States the research and development, engineering, or production activities necessary or incidental to manufacturing; or

   Inserted: (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.

   Inserted: (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)).

   Inserted: (12) Eligible activity.--The term "eligible activity" means an activity described in section 1086(c).

   Inserted: (13) Eligible entity.--The term "eligible entity" means an entity described in section 1086(d).

   Inserted: (14) Federal agency.--The term "Federal agency" has the meaning given the term "agency" in section 551 of title 5, United States Code.

   Inserted: (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.

   Inserted: (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)).

   Inserted: (17) Key technology focus area.--The term "key technology focus area" means any of the following:

   Inserted: (A) Artificial intelligence, machine learning, autonomy, and related advances.

   Inserted: (B) High performance computing, semiconductors, and advanced computer hardware and software.

   Inserted: (C) Quantum information science and technology.

   Inserted: (D) Robotics, automation, and advanced manufacturing.

   Inserted: (E) Natural and anthropogenic disaster prevention or mitigation.

   Inserted: (F) Advanced communications technology, including optical transmission components and immersive technology.

   Inserted: (G) Biotechnology, medical technology, genomics, and synthetic biology.

   Inserted: (H) Data storage, data management, distributed ledger technologies, and cybersecurity, including biometrics.

   Inserted: (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)).

   Inserted: (J) Advanced materials science, including composites and 2D materials and equipment, aerospace grade metals, and aerospace specific manufacturing enabling chemicals.

   Inserted: (18) Labor organization.--The term "labor organization" means--

   Inserted: (A) a labor organization, as defined in section 2(5) of the National Labor Relations Act (29 U.S.C. 152(5));

   Inserted: (B) any organization that would be included under subparagraph (A) but for the fact that the organization represents--

   Inserted: (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);

   Inserted: (ii) individuals employed by persons subject to the Railway Labor Act (45 U.S.C. 151 et seq.); or

   Inserted: (iii) individuals employed as agricultural laborers; and

   Inserted: (C) any organization composed of organizations described in subparagraph (A) or (B), such as a labor federation or a State or municipal labor body.

   Inserted: (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.

   Inserted: (20) Loan.--The term "loan"--

   Inserted: (A) means a direct loan or other debt obligation issued by the Assistant Secretary to an eligible entity under section 1086; and

   Inserted: (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.

   Inserted: (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.

   Inserted: (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.

   Inserted: (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.

   Inserted: (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.

   Inserted: (25) Manufacturing technology.--The term "manufacturing technology" means a technology that is necessary or incidental to the manufacturing of a critical good.

   Inserted: (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.

   Inserted: (27) Office.--The term "Office" means the Office of Manufacturing Security and Resilience established under section 1083.

   Inserted: (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.

   Inserted: (29) Relevant committees of congress.--The term "relevant committees of Congress" means the following:

   Inserted: (A) The Committee on Commerce, Science, and Transportation of the Senate.

   Inserted: (B) The Committee on Appropriations of the Senate.

   Inserted: (C) The Committee on Finance of the Senate.

   Inserted: (D) The Committee on Homeland Security and Governmental Affairs of the Senate.

   Inserted: (E) The Committee on Armed Services of the Senate.

   Inserted: (F) The Committee on Energy and Natural Resources of the Senate.

   Inserted: (G) The Select Committee on Intelligence of the Senate.

   Inserted: (H) The Committee on Science, Space, and Technology of the House of Representatives.

   Inserted: (I) The Committee on Energy and Commerce of the House of Representatives.

   Inserted: (J) The Committee on Appropriations of the House of Representatives.

   Inserted: (K) The Committee on Ways and Means of the House of Representatives.

   Inserted: (L) The Committee on Homeland Security of the House of Representatives.

   Inserted: (M) The Committee on Armed Services of the House of Representatives.

   Inserted: (N) The Permanent Select Committee on Intelligence of the House of Representatives.

   Inserted: (30) Resilient supply chain.--The term "resilient supply chain" means a covered supply chain that--

   Inserted: (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

   Inserted: (B) has key components of resilience that include--

   Inserted: (i) effective private sector risk management and mitigation planning to sustain supply chains and supplier networks during a supply chain shock;

   Inserted: (ii) minimized or managed exposure to a supply chain shock; and

   Inserted: (iii) the financial and operational capacity to--

   Inserted: (I) sustain supply chains during a supply chain shock; and

   Inserted: (II) recover from a supply chain shock.

   Inserted: (31) Secretary.--The term "Secretary" means the Secretary of Commerce.

   Inserted: (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)).

   Inserted: (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.

   Inserted: (34) Supply chain.--The term "supply chain"--

   Inserted: (A) means a domestic or international network that provides the goods and services needed to deliver a finished product to end users; and

   Inserted: (B) includes the exploration, mining, concentration, alloying, recycling, and reprocessing of minerals in order to carry out the activities described in subparagraph (A).

   Inserted: (35) Supply chain information.--The term "supply chain information" means information that--

   Inserted: (A) is not customarily in the public domain; and

   Inserted: (B) relates to--

   Inserted: (i) sustaining and adapting covered supply chains during a supply chain shock;

   Inserted: (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

   Inserted: (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.

   Inserted: (36) Supply chain shock.--The term "supply chain shock" includes a disruption to a supply chain that is caused by any of the following:

   Inserted: (A) A natural disaster or extreme weather event.

   Inserted: (B) An accidental or human-caused event.

   Inserted: (C) An economic disruption.

   Inserted: (D) A pandemic.

   Inserted: (E) A biological threat.

   Inserted: (F) A cyber attack.

   Inserted: (G) A great power conflict.

   Inserted: (H) A terrorist or geopolitical attack.

   Inserted: (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).

   Inserted: (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).

   Inserted: (K) A national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.).

   Inserted: (L) Any other supply chain disruption or threat that affects the national security or economic security of the United States.

   Inserted: (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.

   Inserted: SEC. 1083. OFFICE OF MANUFACTURING SECURITY AND RESILIENCE.

   Inserted: (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.

   Inserted: (b) Mission.--The mission of the Office shall be the following:

   Inserted: (1) Help to promote the leadership of the United States with respect to critical industries and covered supply chains that--

   Inserted: (A) strengthen the national security of the United States; and

   Inserted: (B) have a significant effect on the economic security of the United States.

   Inserted: (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--

   Inserted: (A) promote the resilience of covered supply chains; and

   Inserted: (B) identify, prepare for, and respond to supply chain shocks to--

   Inserted: (i) critical industries; and

   Inserted: (ii) covered supply chains.

   Inserted: (3) Monitor the resilience, diversity, security, and strength of covered supply chains and critical industries.

   Inserted: (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.

   Inserted: (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.

   Inserted: (6) Encourage and incentivize the reduced reliance of domestic enterprises and domestic manufacturers on critical goods from countries of concern.

   Inserted: (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.

   Inserted: (8) Support the creation of jobs with competitive wages in the United States manufacturing sector.

   Inserted: (9) Encourage manufacturing growth and opportunities in economically distressed areas and underserved communities in the United States.

   Inserted: (10) Promote the health of the economy of the United States and the competitiveness of manufacturing in the United States.

   Inserted: (11) Coordinate executive branch actions necessary to carry out the functions described in paragraphs (1) through (10).

   Inserted: (c) Assistant Secretary of the Office.--

   Inserted: (1) Appointment and term.--The head of the Office shall be the Assistant Secretary of Commerce for Manufacturing and Resilience, who--

   Inserted: (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

   Inserted: (B) may function, and be referred to, as the United States Chief Manufacturing Officer.

   Inserted: (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.

   Inserted: (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.

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

   Inserted: (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.

   Inserted: (b) Elements.--The strategy required under subsection (a) shall include the following:

   Inserted: (1) A plan to do the following:

   Inserted: (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.

   Inserted: (B) Support sufficient access to critical goods by mitigating supply chain vulnerabilities, including covered supply chains concentrated in countries of concern.

   Inserted: (C) Collaborate with other relevant Federal agencies to assist allies or key international partners build capacity for manufacturing critical goods.

   Inserted: (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--

   Inserted: (i) for domestic manufacturers that manufacture critical goods to--

   Inserted: (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

   Inserted: (II) support manufacturing facilities, industrial equipment, or operations to increase the manufacturing of critical goods and meet demand for critical goods; and

   Inserted: (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.

   Inserted: (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--

   Inserted: (i) supports the resilience, diversity, security, and strength of a covered supply chain; and

   Inserted: (ii) meets the national security and economic security needs of the United States.

   Inserted: (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--

   Inserted: (i) covered supply chain vulnerabilities; and

   Inserted: (ii) the effects of supply chain shocks.

   Inserted: (G) Recover from supply chain shocks.

   Inserted: (H) Identify, in coordination with other relevant Federal agencies, actions relating to supply chains through which, by taking, the United States might--

   Inserted: (i) raise living standards;

   Inserted: (ii) increase employment opportunities;

   Inserted: (iii) address the underlying causes of irregular migration; and

   Inserted: (iv) improve critical industry supply chain response to supply chain shocks.

   Inserted: (I) Protect against supply chain shocks from countries of concern relating to covered supply chains.

   Inserted: (J) Provide recommendations to effectuate the strategy under this section.

   Inserted: (2) An assessment of the following:

   Inserted: (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.

   Inserted: (B) The purpose of each office and bureau identified under subparagraph (A).

   Inserted: (C) Whether the Assistant Secretary will coordinate with each office and bureau identified under subparagraph (A) in implementing the requirements of this subtitle.

   Inserted: (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.

   Inserted: (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).

   Inserted: (c) Submission of Strategy.--

   Inserted: (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.

   Inserted: (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.

   Inserted: (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.

   Inserted: SEC. 1085. CRITICAL SUPPLY CHAIN MONITORING PROGRAM.

   Inserted: (a) Activities.--The Assistant Secretary shall take the following actions:

   Inserted: (1) In consultation with the unified coordination group established under subsection (c)--

   Inserted: (A) map, monitor, and model covered supply chains, including by--

   Inserted: (i) monitoring the financial and operational conditions of domestic manufacturers and domestic enterprises;

   Inserted: (ii) performing stress tests for critical industries, covered supply chains, domestic enterprises, and domestic manufacturers;

   Inserted: (iii) monitoring the demand and supply of critical goods and services, industrial equipment, and manufacturing technology; and

   Inserted: (iv) monitoring manufacturing, warehousing, transportation, and distribution; and

   Inserted: (B) identify high priority supply chain gaps and vulnerabilities in critical industries and covered supply chains that--

   Inserted: (i) exist, as of the date of the enactment of this Act; or

   Inserted: (ii) are anticipated to develop after the date of enactment of this Act.

   Inserted: (2) Identify and evaluate the following:

   Inserted: (A) Supply chain shocks that may disrupt, strain, compromise, or eliminate a covered supply chain.

   Inserted: (B) The manufacturing needs critical to the national security and economic security of the United States.

   Inserted: (C) The diversity, security, reliability, and strength of--

   Inserted: (i) covered supply chains, including single point of failure, single producer, or consolidated manufacturing; and

   Inserted: (ii) the sources of critical goods, industrial equipment, or manufacturing technology, including those--

   Inserted: (I) obtained or purchased from a person outside of the United States; or

   Inserted: (II) imported into the United States.

   Inserted: (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.

   Inserted: (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.

   Inserted: (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.

   Inserted: (G) The state of the manufacturing workforce, including--

   Inserted: (i) the needs of domestic manufacturers; and

   Inserted: (ii) opportunities to create high-quality manufacturing jobs.

   Inserted: (H) Investments in critical goods, industrial equipment, or manufacturing technology from non-Federal sources.

   Inserted: (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:

   Inserted: (A) Identify opportunities to reduce supply chain gaps and vulnerabilities in critical industries and covered supply chains.

   Inserted: (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.

   Inserted: (C) Encourage partnerships between the Federal Government and the governments of countries that are allies or key international partners of the United States.

   Inserted: (D) Develop or identify opportunities to build the capacity of the United States in critical industries and covered supply chains.

   Inserted: (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.

   Inserted: (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.

   Inserted: (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.

   Inserted: (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.

   Inserted: (c) Coordination Group.--

   Inserted: (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--

   Inserted: (A) plan for and respond to supply chain shocks; and

   Inserted: (B) support the resilience, diversity, security, and strength of covered supply chains.

   Inserted: (2) Implementation.--In consultation with the unified coordination group established under paragraph (1), the Assistant Secretary shall do the following:

   Inserted: (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.

   Inserted: (B) Study the supply chain information acquired under subparagraph (A) to--

   Inserted: (i) identify covered supply chains;

   Inserted: (ii) assess the resilience of covered supply chains;

   Inserted: (iii) identify covered supply chains that are vulnerable to disruption, strain, compromise, or elimination; and

   Inserted: (iv) inform planning.

   Inserted: (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.

   Inserted: (D) Develop contingency plans and coordination mechanisms to ensure an effective and coordinated response to potential supply chain shocks to covered supply chains.

   Inserted: (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.

   Inserted: (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.

   Inserted: (d) Designations.--The Assistant Secretary shall--

   Inserted: (1) not later than 270 days after the date of enactment of this Act, designate--

   Inserted: (A) critical industries;

   Inserted: (B) covered supply chains; and

   Inserted: (C) critical goods;

   Inserted: (2) provide for a period of public comment and review in carrying out paragraph (1); and

   Inserted: (3) update the designations made under paragraph (1) not less frequently than once every 4 years.

   Inserted: (e) Quadrennial Report on Supply Chain Resilience and Domestic Manufacturing.--

   Inserted: (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.

   Inserted: (2) Contents of report.--The report shall include the following:

   Inserted: (A) An identification of--

   Inserted: (i) the critical industries, covered supply chains, and critical goods designated under subsection (d);

   Inserted: (ii) supplies that are critical to the crisis preparedness of the United States;

   Inserted: (iii) substitutes for critical goods, industrial equipment, and manufacturing technology;

   Inserted: (iv) the matters identified and evaluated under subsection (a)(2); and

   Inserted: (v) countries that are critical to addressing international and domestic supply chain weaknesses and vulnerabilities.

   Inserted: (B) A description of--

   Inserted: (i) the manufacturing base and supply chains in the United States, including the manufacturing base and supply chains for--

   Inserted: (I) industrial equipment;

   Inserted: (II) critical goods, including semiconductors, that are essential to the production of technologies and supplies for critical industries; and

   Inserted: (III) manufacturing technology; and

   Inserted: (ii) the ability of the United States to--

   Inserted: (I) maintain readiness with respect to preparing for and responding to supply chain shocks; and

   Inserted: (II) in response to a supply chain shock--

   Inserted: (aa) surge production in critical industries;

   Inserted: (bb) surge production of critical goods and industrial equipment; and

   Inserted: (cc) maintain access to critical goods, industrial equipment, and manufacturing technology.

   Inserted: (C) An assessment and description of--

   Inserted: (i) demand and supply of critical goods, industrial equipment, and manufacturing technology;

   Inserted: (ii) production of critical goods, industrial equipment, and manufacturing technology by domestic manufacturers;

   Inserted: (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

   Inserted: (iv) how supply chain shocks could affect rural, Tribal, and underserved communities.

   Inserted: (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.

   Inserted: (E) An assessment of--

   Inserted: (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

   Inserted: (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;

   Inserted: (ii) the flexible manufacturing capacity and capabilities available in the United States in the case of a supply chain shock; and

   Inserted: (iii) the effect that innovation has on domestic manufacturing.

   Inserted: (F) Specific recommendations to improve the security and resilience of manufacturing capacity and supply chains through the following:

   Inserted: (i) Developing long-term strategies.

   Inserted: (ii) Increasing visibility into the networks and capabilities of suppliers and domestic manufacturers.

   Inserted: (iii) Identifying industry best practices.

   Inserted: (iv) Evaluating how diverse supplier networks, multi-platform and multi-region production capabilities and sources, and integrated global and regional supply chains can--

   Inserted: (I) enhance the resilience of critical industries and manufacturing capabilities in the United States;

   Inserted: (II) support and create jobs in the United States; and

   Inserted: (III) support access of the United States to critical goods during a supply chain shock.

   Inserted: (v) Identifying and mitigating risks, including--

   Inserted: (I) the financial and operational risks of a covered supply chain;

   Inserted: (II) significant vulnerabilities to supply chain shocks and other emergencies; and

   Inserted: (III) exposure to gaps and vulnerabilities in--

   Inserted: (aa) domestic capacity or capabilities; and

   Inserted: (bb) sources of imports needed to sustain critical industries and covered supply chains.

   Inserted: (vi) Identifying enterprise resource planning systems that are--

   Inserted: (I) compatible across supply chain tiers; and

   Inserted: (II) affordable for small and medium-sized businesses.

   Inserted: (vii) Understanding the total cost of ownership, total value contribution, and other best practices that encourage strategic partnerships throughout covered supply chains.

   Inserted: (viii) Understanding Federal procurement opportunities to increase resilience of covered supply chains and fill gaps in domestic purchasing of critical goods.

   Inserted: (ix) Identifying policies that maximize job retention and creation in the United States, including workforce development programs.

   Inserted: (x) Identifying opportunities to work with allies or key international partners to build more resilient covered supply chains and mitigate risks.

   Inserted: (xi) Identifying areas requiring further investment in research and development or workforce education.

   Inserted: (xii) Identifying opportunities to reuse and recycle critical goods to increase the resiliency of covered supply chains.

   Inserted: (xiii) Identifying such other services as the Assistant Secretary determines necessary.

   Inserted: (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.

   Inserted: (H) With respect to countries that are allies or key international partners--

   Inserted: (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

   Inserted: (ii) a recommendation to coordinate with those countries on--

   Inserted: (I) sourcing critical goods, industrial equipment, and manufacturing technology; and

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

   Inserted: (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.

   Inserted: (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.

   Inserted: (K) Recommendations regarding freight and logistics necessary to support covered supply chains.

   Inserted: (3) Prohibition.--The report may not include--

   Inserted: (A) supply chain information that is not aggregated; or

   Inserted: (B) confidential business information of a private sector entity.

   Inserted: (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.

   Inserted: (5) Form.--The report, and any update of the report, shall be submitted in unclassified form and may include a classified annex.

   Inserted: (6) Public comment.--The Assistant Secretary shall provide for a period of public comment and review in developing the report.

   Inserted: (f) Report to Congress.--

   Inserted: (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.

   Inserted: (2) Classification.--Each report required under paragraph (1) shall be submitted in unclassified form and may include a classified annex.

   Inserted: (g) Coordination.--

   Inserted: (1) In general.--In implementing the requirements under subsection (e), the Assistant Secretary shall, as appropriate, coordinate with--

   Inserted: (A) the heads of appropriate Federal agencies, including--

   Inserted: (i) the Secretary of State; and

   Inserted: (ii) the United States Trade Representative; and

   Inserted: (B) the Attorney General and the Federal Trade Commission with respect to--

   Inserted: (i) advice on the design and activities of the unified coordination group described in subsection (c)(1); and

   Inserted: (ii) ensuring compliance with Federal antitrust law.

   Inserted: (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--

   Inserted: (A) the Secretary of Defense;

   Inserted: (B) the Secretary of Homeland Security;

   Inserted: (C) the Secretary of the Treasury;

   Inserted: (D) the Secretary of Energy;

   Inserted: (E) the Secretary of Transportation;

   Inserted: (F) the Secretary of Agriculture;

   Inserted: (G) the Director of National Intelligence;

   Inserted: (H) the Secretary of Health and Human Services;

   Inserted: (I) the Administrator of the Small Business Administration;

   Inserted: (J) the Secretary of Labor; and

   Inserted: (K) the head of any other relevant Federal agency, as appropriate.

   Inserted: (h) Rule of Construction.--Nothing in this section shall be construed to require any private entity--

   Inserted: (1) to share information with the Secretary or Assistant Secretary;

   Inserted: (2) to request assistance from the Secretary or Assistant Secretary; or

   Inserted: (3) that requests assistance from the Secretary or Assistant Secretary to implement any measure or recommendation suggested by the Secretary or Assistant Secretary.

   Inserted: (i) Protections.--

   Inserted: (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)--

   Inserted: (A) shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code;

   Inserted: (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

   Inserted: (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.

   Inserted: (2) Express statement.--The express statement described in this paragraph, with respect to information or records, is--

   Inserted: (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

   Inserted: (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.

   Inserted: (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).

   Inserted: (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.

   Inserted: (k) Consistency With International Agreements.--This section shall be applied in a manner consistent with United States obligations under international agreements.

   Inserted: (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.

   Inserted: SEC. 1086. MANUFACTURING SECURITY AND RESILIENCE PROGRAM.

   Inserted: (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.

   Inserted: (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--

   Inserted: (1) a description of the eligible activity to be carried out with the grant, loan, or loan guarantee;

   Inserted: (2) a description of the covered supply chain supported by the eligible activity;

   Inserted: (3) an estimate of the total costs of the eligible activity; and

   Inserted: (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.

   Inserted: (c) Eligible Activities.--

   Inserted: (1) Activities in the united states.--The following activities may be carried out with a grant, loan, or loan guarantee provided under this section :

   Inserted: (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:

   Inserted: (i) The manufacturing of a critical good or industrial equipment in the United States.

   Inserted: (ii) The commercialization, adoption, deployment, or use of manufacturing technology by domestic manufacturers in the United States.

   Inserted: (iii) The design, engineering, construction, expansion, improvement, repair, or maintenance of critical infrastructure or a manufacturing facility in the United States.

   Inserted: (iv) The purchase, lease, acquisition, enhancement, or retooling of industrial equipment for use in the United States.

   Inserted: (v) The purchase, lease, or other acquisition of critical goods, industrial equipment, or manufacturing technology from reliable sources.

   Inserted: (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.

   Inserted: (vii) The modification of manufacturing facilities, industrial equipment, or operations related to the manufacture of critical goods to--

   Inserted: (I) create new capabilities for an eligible entity to manufacture critical goods in the United States;

   Inserted: (II) expand existing operations to increase the manufacture of critical goods in the United States; or

   Inserted: (III) accommodate any manufacturing operations related to critical goods that are being relocated to the United States.

   Inserted: (viii) The development of tools or processes that relate to procuring, transporting, or storing critical goods.

   Inserted: (B) The manufacture or acquisition of a substitute for a critical good, industrial equipment, or manufacturing technology.

   Inserted: (C) The establishment, improvement, development, expansion, or preservation of surge capacity or stockpiling of a critical good or industrial equipment, as appropriate and necessary.

   Inserted: (D) The establishment, improvement, or preservation of diverse, secure, reliable, and strong sources and locations of a critical good in the United States.

   Inserted: (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:

   Inserted: (A) The design, engineering, construction, expansion, improvement, repair, or maintenance of critical infrastructure or a manufacturing facility in an ally or key international partner.

   Inserted: (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--

   Inserted: (i) that is a covered Western Hemisphere country;

   Inserted: (ii) that is a member state of the North Atlantic Treaty Organization (commonly referred to as "NATO");

   Inserted: (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

   Inserted: (iv) that is identified under section 1085(e)(2)(A)(v).

   Inserted: (C) The modification of manufacturing facilities, industrial equipment, or operations relating to the manufacture of critical goods to--

   Inserted: (i) create new capabilities for an eligible entity to manufacture critical goods in an ally or key international partner;

   Inserted: (ii) expand existing operations to increase the manufacture of critical goods in an ally or key international partner; or

   Inserted: (iii) accommodate any manufacturing operations related to critical goods that are being relocated to an ally or key international partner.

   Inserted: (d) Eligible Entities.--Any of the following entities is eligible to receive a grant, loan, or loan guarantee under this section:

   Inserted: (1) A domestic manufacturer.

   Inserted: (2) A domestic enterprise.

   Inserted: (3) A State or a county, city, or other political subdivision of a State.

   Inserted: (4) A Tribal government.

   Inserted: (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).

   Inserted: (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)).

   Inserted: (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).

   Inserted: (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).

   Inserted: (9) A consortium, partnership, or joint venture of 2 or more eligible entities described in any of paragraphs (1) through (8).

   Inserted: (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:

   Inserted: (1) The grant, loan, or loan guarantee is for an eligible activity.

   Inserted: (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.

   Inserted: (3) The grant, loan, or loan guarantee is a cost effective, expedient, and practical form of financial assistance for the eligible activity.

   Inserted: (4) There is a reasonable assurance that--

   Inserted: (A) the eligible entity will implement the eligible activity in accordance with the application submitted under subsection (b); and

   Inserted: (B) the eligible activity will support--

   Inserted: (i) the resilience, diversity, security, or strength of a covered supply chain; and

   Inserted: (ii) the national security or economic security of the United States.

   Inserted: (5) The eligible entity agrees to provide the information required under subsection (o)(3).

   Inserted: (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.

   Inserted: (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.

   Inserted: (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:

   Inserted: (1) The extent to which the applicable eligible activity supports the resilience, diversity, security, and strength of a covered supply chain.

   Inserted: (2) The extent to which the applicable eligible activity is funded or financed by non-Federal sources.

   Inserted: (3) The extent to which the grant, loan, or loan guarantee will assist small and medium-sized domestic manufacturers.

   Inserted: (4) The amount of appropriations that are required to fund or finance the grant, loan, or loan guarantee.

   Inserted: (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--

   Inserted: (1) shall--

   Inserted: (A) consult with the Secretary of State and the heads of other relevant Federal agencies, as appropriate; and

   Inserted: (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

   Inserted: (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.

   Inserted: (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.

   Inserted: (i) Grant Cost Share.--

   Inserted: (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.

   Inserted: (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)--

   Inserted: (A) during a period of national emergency declared under a duly enacted law of the United States or by the President; or

   Inserted: (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.

   Inserted: (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.

   Inserted: (j) Loans and Loan Guarantees.--

   Inserted: (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.

   Inserted: (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.

   Inserted: (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)--

   Inserted: (A) during a period of national emergency declared under a duly enacted law of the United States or by the President; or

   Inserted: (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.

   Inserted: (4) Loan guarantees.--

   Inserted: (A) In general.--The Assistant Secretary may provide a loan guarantee to a lender in lieu of providing a loan under this section.

   Inserted: (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.

   Inserted: (k) Manufacturing Investment Companies.--

   Inserted: (1) In general.--The Assistant Secretary may provide a loan or loan guarantee under this subsection to a manufacturing investment company.

   Inserted: (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.

   Inserted: (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:

   Inserted: (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.

   Inserted: (B) Information regarding the relevant qualifications and general reputation of the management of the manufacturing investment company.

   Inserted: (C) A description of how the manufacturing investment company intends to address the unmet capital needs of eligible entities.

   Inserted: (D) A description of whether and to what extent the manufacturing investment company meets the criteria established under paragraph (4).

   Inserted: (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.

   Inserted: (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:

   Inserted: (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.

   Inserted: (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.

   Inserted: (C) The extent to which the manufacturing investment company will assist small and medium-sized domestic manufacturers.

   Inserted: (D) The amount of appropriations that are required to fund or finance the loan or loan guarantee.

   Inserted: (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:

   Inserted: (A) The applicable equity capital is for an eligible activity.

   Inserted: (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.

   Inserted: (C) The applicable equity capital is a cost effective, expedient, and practical form of financial assistance for the eligible activity.

   Inserted: (D) There is a reasonable assurance that--

   Inserted: (i) the eligible entity will implement the eligible activity; and

   Inserted: (ii) the eligible activity will support--

   Inserted: (I) the resilience, diversity, security, or strength of a covered supply chain; and

   Inserted: (II) the national security or economic security of the United States.

   Inserted: (E) The manufacturing investment company will provide the information required under paragraph (6)(C).

   Inserted: (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.

   Inserted: (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.

   Inserted: (6) Performance measures.--For loans and loan guarantees provided under this subsection, the Assistant Secretary shall--

   Inserted: (A) develop metrics to assess the extent to which manufacturing investment companies meet the criteria established under paragraph (4);

   Inserted: (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

   Inserted: (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).

   Inserted: (7) Equity caps.--The Assistant Secretary may, as a condition of providing a loan or loan guarantee under this subsection, establish limits on--

   Inserted: (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

   Inserted: (B) the maximum amount of assets a manufacturing investment company may hold to be eligible for the loan or loan guarantee.

   Inserted: (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.

   Inserted: (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.

   Inserted: (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.

   Inserted: (l) Creditworthiness.--

   Inserted: (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.

   Inserted: (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:

   Inserted: (A) The terms, conditions, financial structure, and security features of the loan or loan guarantee.

   Inserted: (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.

   Inserted: (C) The financial assumptions upon which the loan or loan guarantee is based.

   Inserted: (D) The ability of, as applicable--

   Inserted: (i) the manufacturing investment company to provide a source of equity capital for eligible entities; or

   Inserted: (ii) the eligible entity to successfully achieve the goal of the eligible activity.

   Inserted: (E) The financial soundness and credit history of the manufacturing investment company or eligible entity, as applicable.

   Inserted: (m) Conditions.--The Assistant Secretary may prescribe--

   Inserted: (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

   Inserted: (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).

   Inserted: (n) Selection of Recipients.--

   Inserted: (1) Ability to meet criteria.--To the extent practicable, in providing grants, loans, and loan guarantees under this section, the Assistant Secretary shall--

   Inserted: (A) select--

   Inserted: (i) manufacturing investment companies that best meet the criteria established under subsection (k)(4); and

   Inserted: (ii) eligible entities and eligible activities that best meet the criteria established under subsection (f); and

   Inserted: (B) serve the greatest needs for a diverse array of critical industries.

   Inserted: (2) Priority.--In providing grants, loans, and loan guarantees under this section, the Assistant Secretary shall prioritize--

   Inserted: (A) eligible activities that--

   Inserted: (i) are within the United States and employ citizens of the United States; and

   Inserted: (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;

   Inserted: (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

   Inserted: (C) small and medium-sized manufacturers.

   Inserted: (o) Performance Measures.--For grants, loans, and loan guarantees provided under this section to eligible entities, the Assistant Secretary shall--

   Inserted: (1) develop metrics to assess the extent to which the criteria established under subsection (f) are met;

   Inserted: (2) assess the extent to which the criteria established under subsection (f) are met; and

   Inserted: (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).

   Inserted: (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.

   Inserted: (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--

   Inserted: (1) the eligible entity will not abrogate existing collective bargaining agreements, as applicable, for--

   Inserted: (A) the term of the grant; or

   Inserted: (B) the term of the loan or loan guarantee and 2 years after completing repayment of the loan; and

   Inserted: (2) the eligible entity will remain neutral in any union organizing effort for the term of the grant, loan, or loan guarantee.

   Inserted: (r) Consistency With International Agreements.--This section shall be applied in a manner that is consistent with United States obligations under international agreements.

   Inserted: (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.

   Inserted: (t) Regulations.--The Assistant Secretary may promulgate such regulations as the Assistant Secretary determines to be appropriate to carry out this section.

   Inserted: (u) Supply Chains for Critical Manufacturing Industries Fund.--

   Inserted: (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.

   Inserted: (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.

   Inserted: (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.

   Inserted: (w) Authorization of Appropriations.--

   Inserted: (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.

   Inserted: (2) Purposes.--Of the amount appropriated pursuant to the authorization under paragraph (1), not more than--

   Inserted: (A) $31,000,000,000 may be used to provide loans and loan guarantees to eligible entities;

   Inserted: (B) $10,000,000,000 may be used to provide grants to eligible entities;

   Inserted: (C) $4,000,000,000 may be used to provide loans and loan guarantees to manufacturing investment companies; and

   Inserted: (D) 2 percent per fiscal year may be used for administrative costs.

   Inserted: SEC. 1087. SUPPLY CHAIN INNOVATION AND BEST PRACTICES.

   Inserted: (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--

   Inserted: (1) measure the resilience, diversity, security, and strength of covered supply chains;

   Inserted: (2) evaluate the value of the resilience, diversity, security, and strength of covered supply chains; and

   Inserted: (3) design organizational processes and incentives to reduce the risks of disruption, strain, compromise, or elimination of a covered supply chain.

   Inserted: (b) Requirements.--In carrying out subsection (a), the Assistant Secretary shall do the following:

   Inserted: (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.

   Inserted: (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.

   Inserted: (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--

   Inserted: (A) identify, assess, and manage risks to covered supply chains; and

   Inserted: (B) value the resilience, diversity, security, and strength of their covered supply chains.

   Inserted: (4) Facilitate the design of--

   Inserted: (A) voluntary processes for selecting suppliers that support the resilience, diversity, security, and strength of covered supply chains; and

   Inserted: (B) methodologies to identify and mitigate the effects of a disruption, strain, compromise, or elimination of a covered supply chain.

   Inserted: (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.

   Inserted: (6) Incorporate relevant voluntary standards and industry best practices.

   Inserted: (7) Consider small business concerns.

   Inserted: (8) Any other elements the Assistant Secretary determines to be necessary.

   Inserted: (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.

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

   Inserted: (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--

   Inserted: (1) evaluate the performance of the activities supported by a grant, loan, or loan guarantee provided under section 1086;

   Inserted: (2) evaluate the extent to which the requirements and criteria under this subtitle are met; and

   Inserted: (3) provide recommendations on any proposed changes to improve the effectiveness of the Office on meeting the mission described in section 1083(b).

   Inserted: (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).

   Inserted: SEC. 1089. SUPPLY CHAIN DATABASE AND TOOLKIT.

   Inserted: (a) Establishment.--

   Inserted: (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--

   Inserted: (A) United States businesses may voluntarily submit to the Secretary information on--

   Inserted: (i) the products produced by those businesses in the United States, which may be finished goods or inputs for other goods;

   Inserted: (ii) the inputs required for the products described in clause (i), which may include, with respect to such an input--

   Inserted: (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;

   Inserted: (II) the business name of a supplier of the input;

   Inserted: (III) information relating to perceived or realized challenges in securing the input;

   Inserted: (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

   Inserted: (V) in the case of an input sourced from a foreign country, information on--

   Inserted: (aa) why the input is sourced from a foreign country rather than sourced from in the United States; and

   Inserted: (bb) if the United States business would be interested in identifying an alternative produced in the United States;

   Inserted: (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;

   Inserted: (C) United States businesses are able to specify--

   Inserted: (i) what information can be shared with other United States businesses;

   Inserted: (ii) what information should be shared only with the Department of Commerce; and

   Inserted: (iii) what information could be submitted to Congress or made available to the public; and

   Inserted: (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.

   Inserted: (2) Format; public availability.--The Secretary shall--

   Inserted: (A) provide the database and online toolkit established under paragraph (1) on a publicly available website of the Department of Commerce; and

   Inserted: (B) ensure that the database and online toolkit are--

   Inserted: (i) searchable and filterable according to the type of information; and

   Inserted: (ii) presented in a user-friendly format.

   Inserted: (3) Exemption from public disclosure.--Information submitted to the Secretary in relation to the database and online toolkit established under paragraph (1)--

   Inserted: (A) shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code; and

   Inserted: (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.

   Inserted: (4) Reporting.--

   Inserted: (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--

   Inserted: (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;

   Inserted: (ii) recommendations for additional actions to improve the database and online toolkit and participation in the database and online toolkit; and

   Inserted: (iii) such other information as the Secretary considers appropriate.

   Inserted: (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--

   Inserted: (i) general statistics relating to foreign and domestic sourcing of inputs used by United States businesses;

   Inserted: (ii) an estimate of the percentage of total inputs used by United States businesses obtained from foreign countries;

   Inserted: (iii) data on the inputs described in clause (ii), which shall be disaggregated by industry, geographical location, and size of operation; and

   Inserted: (iv) a description of the methodology used to calculate the statistics and estimates required under this paragraph.

   Inserted: (b) Public Outreach Campaign.--

   Inserted: (1) In general.--The Secretary shall carry out a national public outreach campaign--

   Inserted: (A) to educate United States businesses about the existence of the database and online toolkit established under subsection (a); and

   Inserted: (B) to facilitate and encourage the participation of United States businesses in the database and online toolkit established under subsection (a).

   Inserted: (2) Outreach requirement.--In carrying out the campaign under paragraph (1), the Secretary shall--

   Inserted: (A) establish an advertising and outreach program directed to businesses, industries, State and local agencies, chambers of commerce, and labor organizations--

   Inserted: (i) to facilitate understanding of the value of an aggregated demand mapping system; and

   Inserted: (ii) to advertise that the database and online toolkit established under subsection (a) are available for that purpose;

   Inserted: (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

   Inserted: (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.

   Inserted: (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.

   Inserted: (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).

   Inserted: (c) Use of Department of Commerce Resources.--

   Inserted: (1) In general.--The Secretary--

   Inserted: (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

   Inserted: (B) may, as appropriate, adopt new technologies and hire additional employees to carry out this section.

   Inserted: (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.

   Inserted: (d) Termination.--This section shall terminate on September 30, 2025.

   Original wording

   At the end of title X, add the following:

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As printed