II 

Calendar No. 598 

117TH CONGRESS 

2D SESSION S. 3290 

To establish a National Manufacturing Extension Partnership Supply Chain 

Database, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 1, 2021 

Mr. MENENDEZ (for himself and Mrs. BLACKBURN) introduced the following 

bill; which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

DECEMBER 7, 2022 

Reported by Ms. CANTWELL, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To establish a National Manufacturing Extension 

Partnership Supply Chain Database, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National MEP Supply 

5 Chain Database Act of 2021’’. 


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1 SEC. 2. NATIONAL MANUFACTURING EXTENSION PARTNER2 SHIP SUPPLY CHAIN DATABASE. 

3 (a) DEFINITIONS.—In this section: 

4 (1) CENTER.—The term ‘‘Center’’ has the 

5 meaning given such term in section 25(a) of the Na6 tional Institute of Standards and Technology Act 

7 (15 U.S.C. 278k(a)). 

8 (2) DATABASE.—The term ‘‘Database’’ means 

9 the National Manufacturing Extension Partnership 

10 Supply Chain Database established under subsection 

11 (b). 

12 (3) DIRECTOR.—The term ‘‘Director’’ means 

13 the Director of the National Institute of Standards 

14 and Technology. 

15 (4) INSTITUTE.—The term ‘‘Institute’’ means 

16 the National Institute of Standards and Technology. 

17 (b) ESTABLISHMENT OF DATABASE.— 

18 (1) IN GENERAL.—Subject to the availability of 

19 appropriations, the Director shall establish a data20 base to assist the United States in minimizing dis21 ruptions in the supply chain by providing a resource 

22 for manufacturers in the United States. 

23 (2) DESIGNATION.—The database established 

24 under paragraph (1) shall be known as the ‘‘Na25 tional Manufacturing Extension Partnership Supply 

26 Chain Database’’. 


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1 (c) CONSIDERATIONS.—In establishing the Database, 

2 the Director shall consider the findings and recommenda3 tions from the study required under section 9413 of the 

4 William M. (Mac) Thornberry National Defense Author5 ization Act for Fiscal Year 2021 (Public Law 116–283), 

6 including measures to secure and protect the Database 

7 from adversarial attacks and vulnerabilities. 

8 (d) CONNECTIONS WITH HOLLINGS MANUFAC9 TURING EXTENSION PARTNERSHIPS CENTERS.— 

10 (1) IN GENERAL.—The Director shall create the 

11 infrastructure for the Database through the Hollings 

12 Manufacturing Extension Partnership, established 

13 under section 25 of the National Institute of Stand14 ards and Technology Act (15 U.S.C. 278k), by con15 necting information from the Centers through the 

16 Database. 

17 (2) NATIONAL VIEW.—The Director shall en18 sure that connections under paragraph (1)— 

19 (A) provide a national overview of the net20 works of supply chains of the United States; 

21 and 

22 (B) support understanding of whether 

23 there is a need for some manufacturers to re24 tool in some critical areas to meet the urgent 

25 need for key products, such as defense supplies, 


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1 food, and medical devices, including personal 

2 protective equipment. 

3 (3) INDIVIDUAL HOLLINGS MANUFACTURING

4 EXTENSION PARTNERSHIP CENTER DATABASES.— 

5 (A) IN GENERAL.—The Director shall en6 sure that— 

7 (i) each Center is connected to the 

8 Database; and 

9 (ii) each supply chain database main10 tained by a Center is interoperable with 

11 the Database. 

12 (B) RULE OF CONSTRUCTION.—Nothing in 

13 this section shall be construed to require a 

14 State or territory of the United States to estab15 lish a new supply chain database through the 

16 Hollings Manufacturing Extension Partnership 

17 program. 

18 (e) MAINTENANCE OF NATIONAL SUPPLY CHAIN

19 DATABASE.—The Director, acting through the Hollings 

20 Manufacturing Extension Partnership program or a des21 ignee of the program— 

22 (1) shall maintain the Database as an integra23 tion of State-level databases from the Center of each 

24 State or territory of the United States; and 


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1 (2) may populate the Database with informa2 tion from past, current, or potential clients of Cen3 ters. 

4 (f) DATABASE CONTENT.— 

5 (1) IN GENERAL.—The Database may include 

6 the following: 

7 (A) Basic company information. 

8 (B) An overview of capabilities, accredita9 tions, and products. 

10 (C) Proprietary information. 

11 (D) Such other items as the Director con12 siders necessary. 

13 (2) STANDARD CLASSIFICATION SYSTEM.—The 

14 Database shall use the North American Industry 

15 Classification System (NAICS) Codes as follows: 

16 (A) Sector 31–33—Manufacturing. 

17 (B) Sector 54—Professional, Scientific, 

18 and Technical Services. 

19 (C) Sector 48–49—Transportation and 

20 Warehousing. 

21 (3) LEVELS.—The Database shall be multi-lev22 eled as follows: 

23 (A) Level 1 shall have basic company in24 formation and shall be available to the public. 


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1 (B) Level 2 shall have a deeper, nonpropri2 etary overview into capabilities, products, and 

3 accreditations and shall be available to all com4 panies that contribute to the Database and 

5 agree to terms of mutual disclosure. 

6 (C) Level 3 shall hold proprietary informa7 tion. 

8 (4) MATTERS RELATING TO DISCLOSURE AND

9 ACCESS.— 

10 (A) FOIA EXEMPTION.—The Database, 

11 and any information contained therein that is 

12 not publicly released by the Institute, shall be 

13 exempt from public disclosure under section 

14 552(b)(3) of title 5, United States Code. 

15 (B) LIMITATION ON ACCESS TO CON16 TENT.—Access to a contributing company’s 

17 nonpublic content in the Database shall be lim18 ited to the contributing company, the Institute, 

19 and staff from a Center who sign such non20 disclosure agreement as the Director considers 

21 appropriate. 

22 (C) AGGREGATED INFORMATION.—The Di23 rector may make aggregated, de-identified in24 formation available to contributing companies, 

25 Centers, or the public, as the Director considers 


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1 appropriate, in support of the purposes of this 

2 section. 

3 (g) COORDINATION WITH NATIONAL TECHNOLOGY

4 AND INDUSTRIAL BASE.—The Director, acting through 

5 the Hollings Manufacturing Extension Partnership pro6 gram, may work with the National Defense Technology 

7 and Industrial Base Council established by section 

8 2502(a) of title 10, United States Code, as the Director 

9 considers appropriate, to include in the Database informa10 tion regarding the defense manufacturing supply chain. 

11 (h) PROTECTIONS.— 

12 (1) IN GENERAL.—Supply chain information 

13 that is voluntarily and lawfully submitted by a pri14 vate entity and accompanied by an express state15 ment described in paragraph (2)— 

16 (A) shall be exempt from disclosure under 

17 section 552(b)(3) of title 5, United States Code; 

18 (B) shall not be made available pursuant 

19 to any Federal, State, local, or Tribal authority 

20 pursuant to any Federal, State, local, or Tribal 

21 law requiring public disclosure of information or 

22 records; and 

23 (C) shall not, without the written consent 

24 of the person or entity submitting such infor25 mation, be used directly by the Director, or any 


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1 other Federal, State, or local authority in any 

2 civil enforcement action brought by a Federal, 

3 State, or local authority. 

4 (2) EXPRESS STATEMENT.—The express state5 ment described in this paragraph, with respect to in6 formation or records, is— 

7 (A) in the case of written information or 

8 records, a written marking on the information 

9 or records substantially similar to the following: 

10 ‘‘This information is voluntarily submitted to 

11 the Federal Government in expectation of pro12 tection from disclosure as provided by the provi13 sions of section 2(h) of the National MEP Sup14 ply Chain Database Act of 2021.’’; or 

15 (B) in the case of oral information, a writ16 ten statement similar to the statement de17 scribed in subparagraph (A) submitted within a 

18 reasonable period following the oral communica19 tion. 

20 (i) RULES OF CONSTRUCTION.— 

21 (1) PRIVATE ENTITIES.—Nothing in this sec22 tion shall be construed to require any private entity 

23 to share data with the Director specifically for to the 

24 Database. 


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1 (2) PROHIBITION ON NEW REGULATORY AU2 THORITY.—Nothing in this section shall be con3 strued to grant the Director, or the head of any 

4 other Federal agency, with any authority to promul5 gate regulations or set standards on manufacturers, 

6 based on data within the Database, that was not in 

7 effect on the day before the date of enactment of 

8 this section. 

9 (j) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated— 

11 (1) $31,000,000 for fiscal year 2022 to develop 

12 and launch the Database; and 

13 (2) $26,000,000 for each of fiscal years 2023 

14 through 2026 to maintain, update, and support Fed15 eral coordination of the State supply chain databases 

16 maintained by the Centers. 

17 SECTION 1. SHORT TITLE. 

18 This Act may be cited as the ‘‘National MEP Supply 

19 Chain Database Act of 2022’’. 

20 SEC. 2. NATIONAL MANUFACTURING EXTENSION PARTNER21 SHIP SUPPLY CHAIN DATABASE. 

22 (a) DEFINITIONS.—In this section: 

23 (1) CENTER.—The term ‘‘Center’’ has the mean24 ing given such term in section 25(a) of the National 


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1 Institute of Standards and Technology Act (15 U.S.C. 

2 278k(a)). 

3 (2) DATABASE.—The term ‘‘Database’’ means the 

4 National Manufacturing Extension Partnership Sup5 ply Chain Database established under subsection (b). 

6 (3) DIRECTOR.—The term ‘‘Director’’ means the 

7 Director of the National Institute of Standards and 

8 Technology. 

9 (4) INSTITUTE.—The term ‘‘Institute’’ means the 

10 National Institute of Standards and Technology. 

11 (b) ESTABLISHMENT OF DATABASE.— 

12 (1) IN GENERAL.—Subject to the availability of 

13 appropriations, the Director shall establish a database 

14 to assist the United States in minimizing disruptions 

15 in the supply chain by providing a resource for man16 ufacturers in the United States. 

17 (2) DESIGNATION.—The database established 

18 under paragraph (1) shall be known as the ‘‘National 

19 Manufacturing Extension Partnership Supply Chain 

20 Database’’. 

21 (c) CONSIDERATIONS.—In establishing the Database, 

22 the Director shall consider the findings and recommenda23 tions from the study required under section 9413 of the Wil24 liam M. (Mac) Thornberry National Defense Authorization 

25 Act for Fiscal Year 2021 (Public Law 116–283), including 


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1 measures to secure and protect the Database from adver2 sarial attacks and vulnerabilities. 

3 (d) CONNECTIONS WITH HOLLINGS MANUFACTURING

4 EXTENSION PARTNERSHIPS CENTERS.— 

5 (1) IN GENERAL.—The Director shall create the 

6 infrastructure for the Database through the Hollings 

7 Manufacturing Extension Partnership, established 

8 under section 25 of the National Institute of Stand9 ards and Technology Act (15 U.S.C. 278k), by con10 necting information from the Centers through the 

11 Database. 

12 (2) NATIONAL VIEW.—The Director shall ensure 

13 that connections under paragraph (1)— 

14 (A) provide a national overview of the net15 works of supply chains of the United States; and 

16 (B) support understanding of whether there 

17 is a need for some manufacturers to retool in 

18 some critical areas to meet the urgent need for 

19 key products, such as defense supplies, food, and 

20 medical devices, including personal protective 

21 equipment. 

22 (3) INDIVIDUAL HOLLINGS MANUFACTURING EX23 TENSION PARTNERSHIP CENTER DATABASES.— 

24 (A) IN GENERAL.—The Director shall en25 sure that— 


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1 (i) each Center is connected to the 

2 Database; and 

3 (ii) each supply chain database main4 tained by a Center is interoperable with the 

5 Database. 

6 (B) RULE OF CONSTRUCTION.—Nothing in 

7 this section shall be construed to require a State 

8 or territory of the United States to establish a 

9 new supply chain database through the Hollings 

10 Manufacturing Extension Partnership program. 

11 (e) MAINTENANCE OF NATIONAL SUPPLY CHAIN DATA12 BASE.—The Director, acting through the Hollings Manufac13 turing Extension Partnership program or a designee of the 

14 program— 

15 (1) shall maintain the Database as an integra16 tion of State-level databases from the Center of each 

17 State or territory of the United States; and 

18 (2) may populate the Database with information 

19 from past or current clients of Centers. 

20 (f) DATABASE CONTENT.— 

21 (1) IN GENERAL.—The Database may include the 

22 following: 

23 (A) Basic company information. 

24 (B) An overview of capabilities, accredita25 tions, and products. 


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1 (C) Proprietary information. 

2 (2) STANDARD CLASSIFICATION SYSTEM.—The 

3 Database may, where applicable, use the North Amer4 ican Industry Classification System (NAICS) Codes, 

5 including the following: 

6 (A) Sector 31-33 – Manufacturing. 

7 (B) Sector 54 – Professional, Scientific, and 

8 Technical Services. 

9 (C) Sector 48-49 – Transportation and 

10 Warehousing. 

11 (3) LEVELS.—The Database shall be multi-lev12 eled as follows: 

13 (A) Level 1 shall have the capability to pro14 vide basic company information and shall be 

15 available to the public. 

16 (B) Level 2 shall have the capability to pro17 vide a deeper, nonproprietary overview into ca18 pabilities, products, and accreditations and shall 

19 be available to all companies that contribute to 

20 the Database and agree to terms of mutual dis21 closure. 

22 (C) Level 3 shall have the capability to hold 

23 proprietary information. 

24 (4) MATTERS RELATING TO DISCLOSURE AND AC25 CESS.— 


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1 (A) FOIA EXEMPTION.—The Database, and 

2 any information contained therein that is not 

3 publicly released by the Institute, shall be exempt 

4 from public disclosure under section 552(b)(3) of 

5 title 5, United States Code. 

6 (B) LIMITATION ON ACCESS TO CONTENT.— 

7 Access to a contributing company’s nonpublic 

8 content in the Database shall be limited to the 

9 contributing company, the Institute, and staff 

10 from a Center who sign such nondisclosure agree11 ment as the Director considers appropriate. 

12 (C) AGGREGATED INFORMATION.—The Di13 rector may make aggregated, de-identified infor14 mation available to contributing companies, 

15 Centers, or the public, as the Director considers 

16 appropriate, in support of the purposes of this 

17 section. 

18 (g) COORDINATION WITH NATIONAL TECHNOLOGY AND

19 INDUSTRIAL BASE.—The Director, acting through the Hol20 lings Manufacturing Extension Partnership program, may 

21 work with the National Defense Technology and Industrial 

22 Base Council established by section 2502(a) of title 10, 

23 United States Code, as the Director considers appropriate, 

24 to include in the Database information regarding the de25 fense manufacturing supply chain. 


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1 (h) PROTECTIONS.— 

2 (1) IN GENERAL.—Supply chain information 

3 that is voluntarily and lawfully submitted by a pri4 vate entity and accompanied by an express statement 

5 described in paragraph (2)— 

6 (A) shall be exempt from disclosure under 

7 section 552(b)(3) of title 5, United States Code; 

8 (B) shall not be made available pursuant to 

9 any Federal, State, local, or Tribal authority 

10 pursuant to any Federal, State, local, or Tribal 

11 law requiring public disclosure of information or 

12 records; and 

13 (C) shall not, without the written consent of 

14 the person or entity submitting such informa15 tion, be used directly by the Director, or any 

16 other Federal, State, or local authority in any 

17 civil enforcement action brought by a Federal, 

18 State, or local authority. 

19 (2) EXPRESS STATEMENT.—The express state20 ment described in this paragraph, with respect to in21 formation or records, is— 

22 (A) in the case of written information or 

23 records, a written marking on the information or 

24 records substantially similar to the following: 

25 ‘‘This information is voluntarily submitted to 


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1 the Federal Government in expectation of protec2 tion from disclosure as provided by the provi3 sions of section 2(h) of the National MEP Sup4 ply Chain Database Act of 2022.’’; or 

5 (B) in the case of oral information, a writ6 ten statement similar to the statement described 

7 in subparagraph (A) submitted within a reason8 able period following the oral communication. 

9 (i) RULES OF CONSTRUCTION.— 

10 (1) PRIVATE ENTITIES.—Nothing in this section 

11 shall be construed to require any private entity to 

12 share data, including proprietary information, with 

13 the Director or the Database. 

14 (2) PROHIBITION ON NEW REGULATORY AUTHOR15 ITY.—Nothing in this section shall be construed to 

16 grant the Director, or the head of any other Federal 

17 agency, with any authority to promulgate regulations 

18 or set standards on manufacturers, based on data 

19 within the Database, that was not in effect on the day 

20 before the date of enactment of this section. 

21 (j) AUTHORIZATION OF APPROPRIATIONS.—There are 

22 authorized to be appropriated— 

23 (1) $31,000,000 for fiscal year 2023 to develop 

24 and launch the Database; and 


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1 (2) $26,000,000 for each of fiscal years 2024 

2 through 2027 to maintain, update, and support Fed3 eral coordination of the State supply chain databases 

4 maintained by the Centers. 


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Calendar No. 598 

117TH CONGRESS 

2D SESSION S. 3290 

A BILL 

To establish a National Manufacturing Extension 

other purposes. Partnership Supply Chain Database, and for 

DECEMBER 7, 2022 

Reported with an amendment 


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