725 
out the program under this section, there are 
authorized to be appropriated to the Secretary 
to carry out the subprogram under this para-
graph— 
‘‘(i) $10,000,000 for fiscal year 2022; 
‘‘(ii) $45,000,000 for fiscal year 2023; 
‘‘(iii) $60,000,000 for fiscal year 
2024; 
‘‘(iv) $65,000,000 for fiscal year 
2025; 
‘‘(v) $80,000,000 for fiscal year 2026; 
‘‘(vi) $140,000,000 for fiscal year 
2027; 
‘‘(vii) $120,000,000 for fiscal year 
2028; and 
‘‘(viii) $80,000,000 for fiscal year 
2029.’’; and 
(3) by amending paragraph (9), as redesignated 
by paragraph (1) of this section, to read as follows: 
‘‘(9) DEFINITIONS.—In this subsection: 
‘‘(A) ASSOCIATE-DEGREE-GRANTING
COL-
LEGE.—The term ‘associate-degree- granting 
college’ means an institution of higher edu-
cation (as determined under section 101 of the
726 
Higher Education Act of 1965 20 U.S.C. 1001) 
that— 
‘‘(i) is a nonprofit institution that of-
fers a 2-year associate-degree program or a 
2-year certificate program; or 
‘‘(ii) is a proprietary institution that 
offers a 2-year associate degree program. 
‘‘(B) JUNIOR FACULTY.—The term ‘junior 
faculty’ means a faculty member who was 
awarded a doctorate less than 10 years before 
receipt of an award from the grant program de-
scribed in paragraph (2)(B). 
‘‘(C) JUNIOR OR COMMUNITY COLLEGE.— 
The term ‘junior or community college’ has the 
meaning given the term in section 312 of the 
Higher Education Act of 1965 (20 U.S.C. 
1058). 
‘‘(D) EPSCOR
UNIVERSITY.—The term 
‘EPSCoR university’ means an institution of 
higher education located in a State eligible to 
participate in the program defined in section 
502 of the America COMPETES Reauthoriza-
tion Act of 2010 (42 U.S.C. 1862p note). 
‘‘(E) HISTORICALLY BLACK COLLEGE OR 
UNIVERSITY.—The term ‘historically Black col-
727 
lege or university’ has the meaning given the 
term ‘part B institution’ in section 322 of the 
Higher Education Act of 1965 (20 U.S.C. 
1061). 
‘‘(F) MINORITY-SERVING
INSTITUTION.— 
The term ‘minority-serving institution’ means a 
Hispanic-serving institution, an Alaska Native- 
serving institution, a Native Hawaiian-serving 
institutions, a Predominantly Black Institution, 
an Asian American and Native American Pa-
cific Islander-serving institution, or a Native 
American-serving nontribal institution as de-
scribed in section 371 of the Higher Education 
Act of 1965 (20 U.S.C. 1067q(a)). 
‘‘(G) TRIBAL COLLEGE OR UNIVERSITY.— 
The term ‘Tribal College or University’ has the 
meaning given such term in section 316 of the 
Higher Education Act of 1965 (20 U.S.C. 
1059c).’’. 
SEC. 10715. SCIENCE EDUCATION AND HUMAN RESOURCES 
SCHOLARSHIPS, 
FELLOWSHIPS, 
AND 
RE-
SEARCH AND DEVELOPMENT PROJECTS. 
(a) IN GENERAL.—The purpose of this section is to 
support a diverse workforce for the complex landscape as-
sociated with effective and equitable development of ad-
728 
vanced nuclear energy technologies, including interdiscipli-
nary research to enable positive impacts and avoid poten-
tial negative impacts across the lifespan of nuclear energy 
technologies. 
(b) NONTECHNICAL NUCLEAR RESEARCH.—Section 
313 of the Omnibus Appropriations Act, 2009 (Public 
Law 111–8; 42 U.S.C. 16274a) is amended— 
(1) in subsection (b)(2), after ‘‘engineering’’, by 
inserting ‘‘, which may include nontechnical nuclear 
research.’’; 
(2) in subsection (c), by inserting after para-
graph (2) the following: 
‘‘(3) NONTECHNICAL
NUCLEAR
RESEARCH.— 
The term ‘nontechnical nuclear research’ means re-
search with specializations such as social sciences or 
law that can support an increase in community en-
gagement, participation, and confidence in nuclear 
energy systems, including the navigation of the li-
censing required for advanced reactor deployment, 
aligned with the objectives in section 951(a)(2) of 
the Energy Policy Act of 2005 (42 U.S.C. 
16271(a)(2)).’’; and 
(3) 
in 
subsection 
(d)(1), 
by 
striking 
‘‘$30,000,000’’ and inserting ‘‘$45,000,000’’.
729 
Subtitle L—Steel Upgrading Part-
nerships and Emissions Reduc-
tion 
SEC. 10721. LOW-EMISSIONS STEEL MANUFACTURING RE-
SEARCH PROGRAM. 
(a) PROGRAM.—Subtitle D of title IV of the Energy 
Independence and Security Act of 2007 (42 U.S.C. 17111 
et seq.) is amended by inserting after section 454 the fol-
lowing: 
‘‘SEC. 454A. LOW-EMISSIONS STEEL MANUFACTURING RE-
SEARCH PROGRAM. 
‘‘(a) PURPOSE.—The purpose of this section is to en-
courage the research and development of innovative tech-
nologies aimed at— 
‘‘(1) increasing the technological and economic 
competitiveness of industry and manufacturing in 
the United States; and 
‘‘(2) achieving significant net nonwater green-
house emissions reductions in the production proc-
esses for iron, steel, and steel mill products. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) 
COMMERCIALLY
AVAILABLE 
STEELMAKING.—The term ‘commercially available 
steelmaking’ means the current production method 
of iron, steel, and steel mill products.
730 
‘‘(2) CRITICAL MATERIAL.—The term ‘critical 
material’ has the meaning given such term in section 
7002 of division Z of the Consolidated Appropria-
tions Act, 2021 (Public Law 116–260). 
‘‘(3) CRITICAL
MINERAL.—The term ‘critical 
mineral’ has the meaning given such term in section 
7002 of division Z of the Consolidated Appropria-
tions Act, 2021 (Public Law 116–260). 
‘‘(4) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ means— 
‘‘(A) an institution of higher education; 
‘‘(B) an appropriate State or Federal enti-
ty, including a federally funded research and 
development center of the Department; 
‘‘(C) a nonprofit research institution; 
‘‘(D) a private entity; 
‘‘(E) any other relevant entity the Sec-
retary determines appropriate; and 
‘‘(F) a partnership or consortium of two or 
more entities described in subparagraphs (A) 
through (E). 
‘‘(5) 
LOW-EMISSIONS
STEEL
MANUFAC-
TURING.—The term ‘low-emissions steel manufac-
turing’ means advanced or commercially available 
steelmaking with the reduction, to the maximum ex-
733 
‘‘(B) establish technological and pro-
grammatic goals to achieve the requirements of 
subsection (d); and 
‘‘(C) include timelines for the accomplish-
ment of goals developed under the plan. 
‘‘(3) UPDATES TO PLAN.—Not less than once 
every two years, the Secretary shall submit to the 
Committee on Science, Space, and Technology of the 
House of Representatives and the Committee on En-
ergy and Natural Resources of the Senate an up-
dated version of the plan under paragraph (1). 
‘‘(f) FOCUS AREAS.—In carrying out the program es-
tablished in subsection (c), the Secretary shall focus on— 
‘‘(1) medium- and high-temperature heat gen-
eration technologies used for low-emissions steel 
manufacturing, which may include— 
‘‘(A) alternative fuels, including hydrogen 
and biomass; 
‘‘(B) alternative reducing agents, including 
hydrogen; 
‘‘(C) renewable heat generation technology, 
including solar and geothermal; 
‘‘(D) electrification of heating processes, 
including through electrolysis; and 
‘‘(E) other heat generation sources;
734 
‘‘(2) carbon capture technologies for advanced 
and commercially available steelmaking processes, 
which may include— 
‘‘(A) combustion and chemical looping 
technologies; 
‘‘(B) use of slag to reduce carbon dioxide 
emissions; 
‘‘(C) pre-combustion technologies; and 
‘‘(D) post-combustion technologies; 
‘‘(3) smart manufacturing technologies and 
principles, digital manufacturing technologies, and 
advanced data analytics to develop advanced tech-
nologies and practices in information, automation, 
monitoring, computation, sensing, modeling, and 
networking to— 
‘‘(A) model and simulate manufacturing 
production lines; 
‘‘(B) monitor and communicate production 
line status; and 
‘‘(C) model, simulate, and optimize the en-
ergy efficiency of manufacturing processes; 
‘‘(4) technologies and practices that minimize 
energy and natural resource consumption, which 
may include—
735 
‘‘(A) designing products that enable reuse, 
refurbishment, remanufacturing, and recycling; 
‘‘(B) minimizing waste from advanced and 
commercially available steelmaking processes, 
including through the reuse of waste as re-
sources in other industrial processes for mutual 
benefit; 
‘‘(C) increasing resource efficiency; and 
‘‘(D) increasing the energy efficiency of 
advanced 
and 
commercially 
available 
steelmaking processes; 
‘‘(5) alternative materials and technologies that 
produce fewer emissions during production and re-
sult in fewer emissions during use, which may in-
clude— 
‘‘(A) innovative raw materials; 
‘‘(B) high-performance lightweight mate-
rials; 
‘‘(C) substitutions for critical materials 
and critical minerals; and 
‘‘(D) other technologies that achieve sig-
nificant carbon emission reductions in low-emis-
sions steel manufacturing, as determined by the 
Secretary; and
736 
‘‘(6) high-performance computing to develop ad-
vanced materials and manufacturing processes con-
tributing to the focus areas described in paragraphs 
(1) through (5), including— 
‘‘(A) modeling, simulation, and optimiza-
tion of the design of energy efficient and sus-
tainable products; and 
‘‘(B) the use of digital prototyping and ad-
ditive manufacturing to enhance product de-
sign. 
‘‘(g) TESTING AND VALIDATION.—The Secretary, in 
consultation with the Director of the National Institute 
of Standards and Technology, shall support the develop-
ment of standardized testing and technical validation of 
advanced and commercially available steelmaking and low- 
emissions steel manufacturing through collaboration with 
one or more National Laboratories, and one or more eligi-
ble entities. 
‘‘(h) DEMONSTRATION.— 
‘‘(1) ESTABLISHMENT.—Not later than 180 
days after the date of enactment of the America 
COMPETES Act of 2022, the Secretary, in carrying 
out the program established in subsection (c), and in 
collaboration with industry partners, institutions of 
higher education, and the National Laboratories,
737 
shall support an initiative for the demonstration of 
low-emissions steel manufacturing, as identified by 
the Secretary, that uses either— 
‘‘(A) a single technology; or 
‘‘(B) a combination of multiple tech-
nologies. 
‘‘(2) SELECTION
REQUIREMENTS.—Under the 
initiative established under paragraph (1), the Sec-
retary shall select eligible entities to carry out dem-
onstration projects and to the maximum extent prac-
ticable— 
‘‘(A) encourage regional diversity among 
eligible entities, including participation by rural 
States; 
‘‘(B) 
encourage 
technological 
diversity 
among eligible entities; and 
‘‘(C) ensure that specific projects se-
lected— 
‘‘(i) expand on the existing technology 
demonstration programs of the Depart-
ment; and 
‘‘(ii) prioritize projects that leverage 
matching funds from non-Federal sources. 
‘‘(3) REPORTS.—The Secretary shall submit to 
the Committee on Science, Space, and Technology of
738 
the House of Representatives and the Committee on 
Energy and Natural Resources of the Senate— 
‘‘(A) not less frequently than once every 
two years for the duration of the demonstration 
initiative under this subsection, a report de-
scribing the performance of the initiative; and 
‘‘(B) if the initiative established under this 
subsection is terminated, an assessment of the 
success of, and education provided by, the 
measures carried out by recipients of financial 
assistance under the initiative. 
‘‘(i) ADDITIONAL COORDINATION.— 
‘‘(1) MANUFACTURING U.S.A..—In carrying out 
this section the Secretary shall consider— 
‘‘(A) leveraging the resources of relevant 
existing Manufacturing USA Institutes de-
scribed in section 34(d) of the National Insti-
tute of Standards and Technology Act (15 
U.S.C. 278s(d)); 
‘‘(B) integrating program activities into a 
relevant existing Manufacturing USA Institute; 
or 
‘‘(C) establishing a new institute focused 
on low-emissions steel manufacturing.
739 
‘‘(2) OTHER FEDERAL AGENCIES.—In carrying 
out this section, the Secretary shall coordinate with 
other Federal agencies that are carrying out re-
search and development initiatives to increase indus-
trial competitiveness and achieve significant net 
nonwater greenhouse emissions reductions through 
low-emissions steel manufacturing, including the De-
partment of Defense, Department of Transportation, 
and the National Institute of Standards and Tech-
nology. 
‘‘(j) OTHER REQUIREMENTS.—All laborers and me-
chanics employed by contractors or subcontractors in the 
performance of construction, alteration or repair work car-
ried out, in whole or in part, with assistance made avail-
able under this section shall be paid wages at rates not 
less than those prevailing on projects of a character simi-
lar in the locality as determined by the Secretary of Labor 
in accordance with subchapter IV of chapter 31 of title 
40, United States Code. With respect to the labor stand-
ards specified in this section, the Secretary of Labor shall 
have the authority and functions set forth in Reorganiza-
tion Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. 
App.) and section 3145 of title 40, United States Code.’’. 
(b) CLERICAL AMENDMENT.—Section 1(b) of the 
Energy Independence and Security Act of 2007 (42
740 
U.S.C. 17001 note) is amended in the table of contents 
by inserting after the item relating to section 454 the fol-
lowing: 
‘‘Sec. 454A. Low-Emissions Steel Manufacturing Research Program.’’. 
Subtitle 
M—National 
Academies 
Science, Technology, and Secu-
rity Roundtable 
SEC. 10731. AD-HOC COMMITTEE ON RESEARCH SECURITY. 
Section 1746(b) of the National Defense Authoriza-
tion Act for Fiscal Year 2020 (Public Law 116–92; 42 
U.S.C. 6601 note) is amended— 
(1) in paragraph (3)(B), by striking ‘‘involving 
federally funded research and development’’ and in-
serting ‘‘facing the United States research enter-
prise’’; 
(2) by redesignating paragraph (5) as para-
graph (6); 
(3) by inserting after paragraph (4) the fol-
lowing new paragraph: 
‘‘(5) AD-HOC COMMITTEE.— 
‘‘(A) IN GENERAL.—The roundtable shall 
convene an ad-hoc committee to study and 
make recommendations on research security 
issues consistent with paragraph (3). 
‘‘(B) STUDY AND REPORT.—Not later than 
180 days after the first meeting of the ad-hoc
741 
committee convened under subparagraph (A), 
such committee shall— 
‘‘(i) complete a fast-track consensus 
study on the feasibility of establishing an 
independent, non-profit entity (referred to 
in this paragraph as the ‘entity’) to further 
protect the United States research enter-
prise against foreign interference, theft, 
and espionage; and 
‘‘(ii) submit to the relevant commit-
tees a report on the results of the study. 
‘‘(C) ELEMENTS.—The report required 
under subparagraph (B)(ii) shall include anal-
ysis and recommendations with respect to each 
of the following: 
‘‘(i) The organizational structure of 
the entity. 
‘‘(ii) The appropriate relationship be-
tween the entity and the Federal govern-
ment, including the interagency working 
group established under subsection (a). 
‘‘(iii) The appropriate level of finan-
cial resources needed to establish the enti-
ty.
742 
‘‘(iv) A self-sustaining funding model 
for the entity. 
‘‘(v) Whether and how the entity 
can— 
‘‘(I) enable informed, proactive, 
and unbiased risk assessment for and 
by the United States research enter-
prise; 
‘‘(II) in coordination with the 
interagency working group established 
under subsection (a), the Federal 
agencies that comprise the working 
group, and the roundtable under this 
subsection, promote actionable and 
timely information sharing among the 
United States research enterprise 
about foreign interference, theft, and 
espionage of research and develop-
ment; 
‘‘(III) provide non-punitive, non- 
legally binding advice to the United 
States research enterprise, including 
frontline researchers, about foreign in-
ference, theft, and espionage including 
advice with respect to risks associated
743 
with international partnerships and 
foreign talent recruitment programs; 
‘‘(IV) secure the trust and active 
participation of the United States re-
search enterprise; 
‘‘(V) regularly conduct open- 
source intelligence analysis to provide 
actionable and timely unclassified in-
formation to the United States re-
search enterprise about foreign inter-
ference, theft, and espionage, includ-
ing analysis to be tailored specifically 
for the purpose of assisting frontline 
researchers in making security-in-
formed decisions; and 
‘‘(VI) offer products and services 
to the United States research enter-
prise to help inform research security 
efforts such as analyses of global re-
search and development trends, advice 
regarding intellectual property pro-
duction and protection, market anal-
yses, and risk assessment for day-to- 
day activities such as collaboration, 
travel, and hiring.
744 
‘‘(vi) Such other information and rec-
ommendations as the committee considers 
necessary to ensure that the entity oper-
ates effectively.’’; and 
(4) in paragraph (6), as so redesignated, by 
striking ‘‘2024’’ and inserting ‘‘2025’’. 
Subtitle N—Additional Provisions 
SEC. 
10741. 
ESTABLISHMENT 
OF 
BLOCKCHAIN 
AND 
CRYPTOCURRENCY 
SPECIALIST 
POSITION 
WITHIN OSTP. 
The Director of the Office of Science and Technology 
Policy shall establish a blockchain and cryptocurrencies 
advisory specialist position within the Office to advise the 
President on matters relating to blockchain and 
cryptocurrencies. 
Subtitle O—Partnerships for 
Energy Security and Innovation 
SEC. 10751. FOUNDATION FOR ENERGY SECURITY AND IN-
NOVATION. 
(a) DEFINITIONS.—In this section: 
(1) BOARD.—The term ‘‘Board’’ means the 
Board 
of 
Directors 
described 
in 
subsection 
(b)(2)(A). 
(2) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Energy.
745 
(3) EXECUTIVE DIRECTOR.—The term ‘‘Execu-
tive Director’’ means the Executive Director de-
scribed in subsection (b)(5)(A). 
(4) FOUNDATION.—The term ‘‘Foundation’’ 
means the Foundation for Energy Security and In-
novation established under subsection (b)(1). 
(5) HISTORICALLY BLACK COLLEGE AND UNI-
VERSITY.—The term ‘‘historically Black college and 
university’’ has the meaning given the term ‘‘part B 
institution’’ in section 322 of the Higher Education 
Act of 1965 (20 U.S.C. 1061). 
(6) 
INDIVIDUAL
LABORATORY-ASSOCIATED 
FOUNDATION.—The term ‘‘Individual Laboratory- 
Associated Foundation’’ means a Laboratory Foun-
dation established by an operating contractor of a 
National Laboratory. 
(7) MINORITY
SERVING
INSTITUTION.—The 
term ‘‘minority serving institution’’ includes the en-
tities described in any of the paragraphs (1) through 
(7) of section 371(a) of the Higher Education Act 
of 1965 (20 U.S.C. 1067q(a)). 
(8) NATIONAL LABORATORY.—The term ‘‘Na-
tional Laboratory’’ has the meaning given the term 
in section 2 of the Energy Policy Act of 2005 (42 
U.S.C. 15801).
746 
(9) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
(10) TRIBAL COLLEGE AND UNIVERSITY.—The 
term ‘‘Tribal College and University’’ has the mean-
ing given in section 316 of the Higher Education 
Act of 1965 (20 U.S.C. 1059c). 
(b) FOUNDATION FOR ENERGY SECURITY AND INNO-
VATION.— 
(1) ESTABLISHMENT.— 
(A) IN
GENERAL.—Not later than 180 
days after the date of enactment of this Act, 
the Secretary shall establish a nonprofit cor-
poration to be known as the ‘‘Foundation for 
Energy Security and Innovation’’. 
(B) MISSION.—The mission of the Foun-
dation shall be— 
(i) to support the mission of the De-
partment; and 
(ii) to advance collaboration with en-
ergy researchers, institutions of higher 
education, industry, and nonprofit and 
philanthropic organizations to enable the 
commercialization of energy technologies.
747 
(C) LIMITATION.—The Foundation shall 
not be an agency or instrumentality of the Fed-
eral Government. 
(D) TAX-EXEMPT
STATUS.—The Board 
shall take all necessary and appropriate steps to 
ensure that the Foundation is an organization 
that is described in section 501(c) of the Inter-
nal Revenue Code of 1986 and exempt from 
taxation under section 501(a) of that Code. 
(E) COLLABORATION WITH EXISTING OR-
GANIZATIONS.—The Secretary may collaborate 
with 1 or more organizations to establish the 
Foundation and carry out the activities of the 
Foundation. 
(2) BOARD OF DIRECTORS.— 
(A) ESTABLISHMENT.—The Foundation 
shall be governed by a Board of Directors. 
(B) COMPOSITION.— 
(i) IN GENERAL.—The Board shall be 
composed of the ex officio nonvoting mem-
bers described in clause (ii) and the ap-
pointed voting members described in clause 
(iii). 
(ii) EX OFFICIO MEMBERS.—The ex 
officio members of the Board shall be the
748 
following individuals or designees of those 
individuals: 
(I) The Secretary. 
(II) The Under Secretary for 
Science and Energy. 
(III) The Under Secretary for 
Nuclear Security. 
(IV) The Chief Commercializa-
tion Officer. 
(iii) APPOINTED MEMBERS.— 
(I) INITIAL MEMBERS.—The Sec-
retary and the other ex officio mem-
bers of the Board shall— 
(aa) seek to enter into an 
agreement with the National 
Academies of Sciences, Engineer-
ing, and Medicine to develop a 
list of individuals to serve as 
members of the Board who are 
well-qualified and will meet the 
requirements of subclauses (II) 
and (III); and 
(bb) 
appoint 
the 
initial 
members of the Board from that 
list, if applicable, in consultation
749 
with the National Academies of 
Sciences, Engineering, and Medi-
cine. 
(II) REPRESENTATION.—The ap-
pointed members of the Board shall 
reflect a broad cross-section of stake-
holders from academia, National Lab-
oratories, industry, nonprofit organi-
zations, State or local governments, 
the investment community, and the 
philanthropic community. 
(III) 
EXPERIENCE.—The 
Sec-
retary shall ensure that a majority of 
the 
appointed 
members 
of 
the 
Board— 
(aa)(AA) has experience in 
the energy sector; 
(BB) has research experi-
ence in the energy field; or 
(CC) has experience in tech-
nology commercialization or foun-
dation operations; and 
(bb) to the extent prac-
ticable, represents diverse re-
gions, sectors, and communities.
750 
(C) CHAIR AND VICE CHAIR.— 
(i) IN
GENERAL.—The Board shall 
designate from among the members of the 
Board— 
(I) an individual to serve as 
Chair of the Board; and 
(II) an individual to serve as Vice 
Chair of the Board. 
(ii) TERMS.—The term of service of 
the Chair and Vice Chair of the Board 
shall end on the earlier of— 
(I) the date that is 3 years after 
the date on which the Chair or Vice 
Chair of the Board, as applicable, is 
designated for the position; and 
(II) the last day of the term of 
service of the member, as determined 
under subparagraph (D)(i), who is 
designated to be Chair or Vice Chair 
of the Board, as applicable. 
(iii) REPRESENTATION.—The Chair 
and Vice Chair of the Board— 
(I) shall not be representatives of 
the same area of subject matter ex-
751 
pertise, or entity, as applicable, under 
subparagraph (B)(iii)(II); and 
(II) shall not be representatives 
of any area of subject matter exper-
tise, or entity, as applicable, rep-
resented by the immediately preceding 
Chair and Vice Chair of the Board. 
(D) TERMS AND VACANCIES.— 
(i) TERMS.— 
(I) IN GENERAL.—The term of 
service of each appointed member of 
the Board shall be not more than 5 
years. 
(II) INITIAL
APPOINTED
MEM-
BERS.—Of the initial members of the 
Board appointed under subparagraph 
(B)(iii)(I), half of the members shall 
serve for 4 years and half of the mem-
bers shall serve for 5 years, as deter-
mined by the Chair of the Board. 
(ii) VACANCIES.—Any vacancy in the 
membership of the appointed members of 
the Board— 
(I) shall be filled in accordance 
with the bylaws of the Foundation by
752 
an individual capable of representing 
the same area or entity, as applicable, 
as represented by the vacating board 
member 
under 
subparagraph 
(B)(iii)(II); 
(II) shall not affect the power of 
the remaining appointed members to 
execute the duties of the Board; and 
(III) shall be filled by an indi-
vidual selected by the Board. 
(E) MEETINGS; QUORUM.— 
(i) INITIAL MEETING.—Not later than 
60 days after the Board is established, the 
Secretary shall convene a meeting of the ex 
officio and appointed members of the 
Board to incorporate the Foundation. 
(ii) QUORUM.—A majority of the ap-
pointed members of the Board shall con-
stitute a quorum for purposes of con-
ducting the business of the Board. 
(F) DUTIES.—The Board shall— 
(i) establish bylaws for the Founda-
tion in accordance with subparagraph (G);
753 
(ii) provide overall direction for the 
activities of the Foundation and establish 
priority activities; 
(iii) carry out any other necessary ac-
tivities of the Foundation; and 
(iv) evaluate the performance of the 
Executive Director. 
(G) BYLAWS.— 
(i) IN GENERAL.—The bylaws estab-
lished under subparagraph (F)(i) may in-
clude— 
(I) policies for the selection of 
Board members, officers, employees, 
agents, and contractors of the Foun-
dation; 
(II) policies, including ethical 
standards, for— 
(aa) the acceptance, solicita-
tion, and disposition of donations 
and grants to the Foundation, in-
cluding appropriate limits on the 
ability of donors to designate, by 
stipulation or restriction, the use 
or recipient of donated funds; 
and
754 
(bb) the disposition of assets 
of the Foundation; 
(III) policies that subject all em-
ployees, fellows, trainees, and other 
agents of the Foundation (including 
ex officio and appointed members of 
the Board) to conflict of interest 
standards; and 
(IV) the specific duties of the Ex-
ecutive Director. 
(ii) 
REQUIREMENTS.—The 
Board 
shall ensure that the bylaws of the Foun-
dation and the activities carried out under 
those bylaws shall not— 
(I) reflect unfavorably on the 
ability of the Foundation to carry out 
activities in a fair and objective man-
ner; or 
(II) compromise, or appear to 
compromise, the integrity of any gov-
ernmental agency or program, or any 
officer or employee employed by, or 
involved in, a governmental agency or 
program. 
(H) COMPENSATION.—
755 
(i) IN GENERAL.—No member of the 
Board shall receive compensation for serv-
ing on the Board. 
(ii) CERTAIN EXPENSES.—In accord-
ance with the bylaws of the Foundation, 
members of the Board may be reimbursed 
for travel expenses, including per diem in 
lieu of subsistence, and other necessary ex-
penses incurred in carrying out the duties 
of the Board. 
(I) RESTRICTION
ON
MEMBERSHIP.—No 
employee of the Department shall be appointed 
as a member of the Board of Directors. 
(3) PURPOSES.—The purposes of the Founda-
tion are— 
(A) to support the Department in carrying 
out the mission of the Department to ensure 
the security and prosperity of the United States 
by addressing civilian energy and environmental 
challenges through transformative science and 
technology solutions; and 
(B) to increase private and philanthropic 
sector investments that support efforts to cre-
ate, characterize, develop, test, validate, and 
commercialize innovative technologies that ad-
756 
dress crosscutting national energy challenges, 
including those affecting minority, rural, and 
other underserved communities, by methods 
that include— 
(i) fostering collaboration and part-
nerships with researchers from the Federal 
Government, State governments, institu-
tions of higher education, including histori-
cally Black colleges and universities, Tribal 
Colleges or Universities, and minority-serv-
ing institutions, federally funded research 
and development centers, industry, and 
nonprofit organizations for the research, 
development, 
or 
commercialization 
of 
transformative energy and associated tech-
nologies; 
(ii) strengthening and sharing best 
practices relating to regional economic de-
velopment through scientific and energy in-
novation, including in partnership with an 
Individual Laboratory-Associated Founda-
tion; 
(iii) promoting new product develop-
ment that supports job creation;
757 
(iv) 
administering 
prize 
competi-
tions— 
(I) to accelerate private sector 
competition and investment; and 
(II) that complement the use of 
prize authority by the Department; 
(v) supporting programs that advance 
technology maturation, especially where 
there may be gaps in Federal or private 
funding in the commercialization of a pro-
totype technology; 
(vi) supporting efforts to broaden par-
ticipation in energy technology develop-
ment among individuals from historically 
underrepresented groups or regions; and 
(vii) facilitating access to Department 
facilities, equipment, and expertise to as-
sist in tackling national challenges. 
(4) ACTIVITIES.— 
(A) 
STUDIES, 
COMPETITIONS, 
AND 
PROJECTS.—The Foundation may conduct and 
support studies, competitions, projects, and 
other activities that further the purposes of the 
Foundation described in paragraph (3). 
(B) FELLOWSHIPS AND GRANTS.—
758 
(i) IN
GENERAL.—The Foundation 
may award fellowships and grants for ac-
tivities relating to research, development, 
demonstration, or commercialization of en-
ergy 
and 
other 
Department-supported 
technologies. 
(ii) FORM OF AWARD.—A fellowship 
or grant under clause (i) may consist of a 
stipend, health insurance benefits, funds 
for travel, and funds for other appropriate 
expenses. 
(iii) SELECTION.—In selecting a re-
cipient for a fellowship or grant under 
clause (i), the Foundation— 
(I) shall make the selection based 
on the technical and commercializa-
tion merits of the proposed project of 
the potential recipient; and 
(II) may consult with a potential 
recipient regarding the ability of the 
potential recipient to carry out various 
projects that would further the pur-
poses of the Foundation described in 
paragraph (3).
759 
(iv) 
NATIONAL
LABORATORIES.—A 
National Laboratory that applies for or ac-
cepts an award under clause (i) shall not 
be considered to be engaging in a competi-
tive process. 
(C) ACCESSING
FACILITIES
AND
EXPER-
TISE.—The Foundation may work with the De-
partment— 
(i) to leverage the capabilities and fa-
cilities of National Laboratories to com-
mercialize technology; and 
(ii) to assist with resources, including 
by providing information on the assets of 
each National Laboratory that may enable 
the commercialization of technology. 
(D) TRAINING
AND
EDUCATION.—The 
Foundation may support programs that provide 
training to researchers, scientists, other rel-
evant personnel at National Laboratories and 
institutions of higher education, and previous or 
current recipients of or applicants for Depart-
ment funding to help research, develop, dem-
onstrate, and commercialize federally funded 
technology.
760 
(E) MATURATION
FUNDING.—The Foun-
dation shall support programs that provide 
maturation funding to researchers to advance 
the technology of those researchers for the pur-
pose of moving products from a prototype stage 
to a commercial stage. 
(F) STAKEHOLDER
ENGAGEMENT.—The 
Foundation shall convene, and may consult 
with, representatives from the Department, in-
stitutions of higher education, National Labora-
tories, the private sector, and commercialization 
organizations to develop programs for the pur-
poses of the Foundation described in paragraph 
(3) and to advance the activities of the Founda-
tion. 
(G) INDIVIDUAL
AND
FEDERAL
LABORA-
TORY-ASSOCIATED FOUNDATIONS.— 
(i) DEFINITION OF COVERED FOUN-
DATION.—In this subparagraph, the term 
‘‘covered foundation’’ means each of the 
following: 
(I) An Individual Laboratory-As-
sociated Foundation.
761 
(II) A Federal Laboratory-Asso-
ciated Foundation established pursu-
ant to subsection (c)(1). 
(ii) SUPPORT.—The Foundation shall 
provide support to and collaborate with 
covered foundations. 
(iii) GUIDELINES AND TEMPLATES.— 
For the purpose of providing support 
under clause (ii), the Secretary shall estab-
lish suggested guidelines and templates for 
covered foundations, including— 
(I) a standard adaptable organi-
zational design for responsible man-
agement; 
(II) standard and legally tenable 
bylaws and money-handling proce-
dures; and 
(III) a standard training cur-
riculum to orient and expand the op-
erating expertise of personnel em-
ployed by covered foundations. 
(iv) AFFILIATIONS.—Nothing in this 
subparagraph requires— 
(I) an existing Individual Labora-
tory-Associated Foundation to modify
762 
current practices or affiliate with the 
Foundation; or 
(II) a covered foundation to be 
bound by charter or corporate bylaws 
as permanently affiliated with the 
Foundation. 
(H) 
SUPPLEMENTAL
PROGRAMS.—The 
Foundation may carry out supplemental pro-
grams— 
(i) to conduct and support forums, 
meetings, conferences, courses, and train-
ing workshops consistent with the purposes 
of the Foundation described in paragraph 
(3); 
(ii) to support and encourage the un-
derstanding and development of data that 
promotes the translation of technologies 
from the research stage, through the devel-
opment and maturation stage, and ending 
in the market stage; 
(iii) for writing, editing, printing, pub-
lishing, and vending books and other mate-
rials relating to research carried out under 
the Foundation and the Department; and
763 
(iv) to conduct other activities to 
carry out and support the purposes of the 
Foundation described in paragraph (3). 
(I) EVALUATIONS.—The Foundation shall 
support the development of an evaluation meth-
odology, to be used as part of any program sup-
ported by the Foundation, that shall— 
(i) consist of qualitative and quan-
titative metrics; and 
(ii) include periodic third-party eval-
uation of those programs and other activi-
ties of the Foundation. 
(J) COMMUNICATIONS.—The Foundation 
shall develop an expertise in communications to 
promote the work of grant and fellowship re-
cipients under subparagraph (B), the commer-
cialization successes of the Foundation, oppor-
tunities for partnership with the Foundation, 
and other activities. 
(K) AUTHORITY
OF
FOUNDATION.—The 
Foundation shall be the sole entity responsible 
for carrying out the activities described in this 
paragraph. 
(5) ADMINISTRATION.—
764 
(A) EXECUTIVE
DIRECTOR.—The Board 
shall hire an Executive Director of the Founda-
tion, who shall serve at the pleasure of the 
Board. Subject to the compliance with the poli-
cies and bylaws established by the Board pursu-
ant to paragraph (2)(G), the Executive Director 
shall be responsible for the daily operations of 
the Foundation in carrying out the activities of 
the Foundation described in paragraph (4). 
(B) 
ADMINISTRATIVE
CONTROL.—No 
member of the Board, officer or employee of the 
Foundation or of any program established by 
the Foundation, or participant in a program es-
tablished by the Foundation, shall exercise ad-
ministrative control over any Federal employee. 
(C) STRATEGIC PLAN.—Not later than 1 
year after the date of enactment of this Act, the 
Foundation shall submit to the Committee on 
Energy and Natural Resources of the Senate 
and the Committee on Science, Space, and 
Technology of the House of Representatives a 
strategic plan that contains— 
(i) a plan for the Foundation to be-
come financially self-sustaining in fiscal 
year 2023 and thereafter (except for the
765 
amounts provided each fiscal year under 
paragraph (12)(A)(iii)); 
(ii) a forecast of major crosscutting 
energy challenge opportunities, including 
short- and long-term objectives, identified 
by the Board, with input from commu-
nities representing the entities and areas 
of subject matter expertise, as applicable, 
described in paragraph (2)(B)(iii)(II); 
(iii) a description of the efforts that 
the Foundation will take to be transparent 
in the processes of the Foundation, includ-
ing processes relating to— 
(I) grant awards, including selec-
tion, review, and notification; 
(II) communication of past, cur-
rent, and future research priorities; 
and 
(III) solicitation of and response 
to public input on the opportunities 
identified under clause (ii); 
(iv) a description of the financial 
goals and benchmarks of the Foundation 
for the following 10 years;
766 
(v) a description of the efforts under-
taken by the Foundation to engage histori-
cally underrepresented groups or regions, 
including through collaborations with his-
torically Black colleges and universities, 
Tribal Colleges and Universities, minority- 
serving institutions, and minority-owned 
and women-owned businesses; and 
(vi) a description of the efforts under-
taken by the Foundation to ensure max-
imum complementarity and minimum re-
dundancy with investments made by the 
Department. 
(D) ANNUAL REPORT.—Not later than 1 
year after the date on which the Foundation is 
established, and every 2 years thereafter, the 
Foundation shall submit to the Committee on 
Energy and Natural Resources of the Senate, 
the Committee on Science, Space, and Tech-
nology of the House of Representatives, and the 
Secretary a report that, for the year covered by 
the report— 
(i) describes the activities of the 
Foundation and the progress of the Foun-
767 
dation in furthering the purposes of the 
Foundation described in paragraph (3); 
(ii) provides a specific accounting of 
the source and use of all funds made avail-
able to the Foundation to carry out those 
activities to ensure transparency in the 
alignment of Department missions and 
policies with national security; 
(iii) describes how the results of the 
activities of the Foundation could be incor-
porated into the procurement processes of 
the General Services Administration; and 
(iv) includes a summary of each eval-
uation conducted using the evaluation 
methodology described in paragraph (4)(I). 
(E) EVALUATION BY COMPTROLLER GEN-
ERAL.—Not later than 5 years after the date on 
which the Foundation is established, the Comp-
troller General of the United States shall sub-
mit to the Committee on Energy and Natural 
Resources of the Senate and the Committee on 
Science, Space, and Technology of the House of 
Representatives— 
(i) an evaluation of—
768 
(I) the extent to which the Foun-
dation is achieving the mission of the 
Foundation; and 
(II) the operation of the Founda-
tion; and 
(ii) any recommendations on how the 
Foundation may be improved. 
(F) AUDITS.—The Foundation shall— 
(i) provide for annual audits of the fi-
nancial condition of the Foundation; and 
(ii) make the audits, and all other 
records, documents, and papers of the 
Foundation, available to the Secretary and 
the Comptroller General of the United 
States for examination or audit. 
(G) SEPARATE
FUND
ACCOUNTS.—The 
Board shall ensure that any funds received 
under paragraph (12)(A) are held in a separate 
account from any other funds received by the 
Foundation. 
(H) INTEGRITY.— 
(i) IN GENERAL.—To ensure integrity 
in the operations of the Foundation, the 
Board shall develop and enforce procedures 
relating to standards of conduct, financial
769 
disclosure statements, conflicts of interest 
(including recusal and waiver rules), au-
dits, and any other matters determined ap-
propriate by the Board. 
(ii) FINANCIAL CONFLICTS OF INTER-
EST.—To mitigate conflicts of interest and 
risks from malign foreign influence, any 
individual who is an officer, employee, or 
member of the Board is prohibited from 
any participation in deliberations by the 
Foundation of a matter that would directly 
or predictably affect any financial interest 
of— 
(I) the individual; 
(II) a relative (as defined in sec-
tion 109 of the Ethics in Government 
Act of 1978 (5 U.S.C. App.)) of that 
individual; or 
(III) a business organization or 
other entity in which the individual 
has an interest, including an organiza-
tion or other entity with which the in-
dividual is negotiating employment. 
(I) 
INTELLECTUAL
PROPERTY.—The 
Board shall adopt written standards to govern
770 
the ownership and licensing of any intellectual 
property rights developed by the Foundation or 
derived from the collaborative efforts of the 
Foundation. 
(J) LIABILITY.— 
(i) IN GENERAL.—The United States 
shall not be liable for any debts, defaults, 
acts, or omissions of— 
(I) the Foundation; 
(II) a Federal entity with respect 
to an agreement of that Federal enti-
ty with the Foundation; or 
(III) an Individual Laboratory- 
Associated Foundation with respect to 
an agreement of that Federal entity 
with the Foundation. 
(ii) FULL FAITH AND CREDIT.—The 
full faith and credit of the United States 
shall not extend to any obligations of the 
Foundation. 
(K) NONAPPLICABILITY
OF
FACA.—The 
Federal Advisory Committee Act (5 U.S.C. 
App.) shall not apply to the Foundation or an 
Individual Laboratory-Associated Foundation. 
(6) DEPARTMENT COLLABORATION.—
771 
(A) NATIONAL LABORATORIES.—The Sec-
retary shall collaborate with the Foundation to 
develop a process to ensure collaboration and 
coordination between the Department, the 
Foundation, and National Laboratories— 
(i) to streamline contracting processes 
between National Laboratories and the 
Foundation, including by— 
(I) streamlining the ability of the 
Foundation to transfer equipment and 
funds to National Laboratories; 
(II) standardizing contract mech-
anisms to be used by the Foundation 
in engaging with National Labora-
tories; and 
(III) streamlining the ability of 
the Foundation to fund endowed posi-
tions at National Laboratories; 
(ii) to allow a National Laboratory or 
site of a National Laboratory— 
(I) to accept and perform work 
for the Foundation, consistent with 
provided resources, notwithstanding 
any other provision of law governing 
the administration, mission, use, or
772 
operations of the National Laboratory 
or site, as applicable; and 
(II) to perform that work on a 
basis equal to other missions at the 
National Laboratory; and 
(iii) to permit the director of any Na-
tional Laboratory or site of a National 
Laboratory to enter into a cooperative re-
search and development agreement or ne-
gotiate a licensing agreement with the 
Foundation pursuant to section 12 of the 
Stevenson-Wydler Technology Innovation 
Act of 1980 (15 U.S.C. 3710a). 
(B) DEPARTMENT
LIAISONS.—The Sec-
retary shall appoint liaisons from across the 
Department to collaborate and coordinate with 
the Foundation, including not less than 1 liai-
son from the Office of Technology Transitions, 
who shall ensure that the Foundation works in 
conjunction with and does not duplicate existing 
activities and programs carried out by the De-
partment including the Technology Commer-
cialization Fund. 
(C) 
ADMINISTRATION.—The 
Secretary 
shall leverage appropriate arrangements, con-
773 
tracts, and directives to carry out the process 
developed under subparagraph (A). 
(7) NATIONAL SECURITY.—Nothing in this sub-
section exempts the Foundation from any national 
security policy of the Department. 
(8) SUPPORT
SERVICES.—The Secretary may 
provide facilities, utilities, and support services to 
the Foundation if it is determined by the Secretary 
to be advantageous to the research programs of the 
Department. 
(9) ANTI-DEFICIENCY ACT.—Subsection (a)(1) 
of section 1341 of title 31, United States Code 
(commonly referred to as the ‘‘Anti-Deficiency 
Act’’), shall not apply to any Federal officer or em-
ployee carrying out any activity of the Foundation 
using funds of the Foundation. 
(10) PREEMPTION OF AUTHORITY.—This sub-
section shall not preempt any authority or responsi-
bility of the Secretary under any other provision of 
law. 
(11) TRANSFER FUNDS.—The Foundation may 
transfer funds to the Department, which shall be 
subject to all applicable Federal limitations relating 
to federally funded research. 
(12) AUTHORIZATION OF APPROPRIATIONS.—
774 
(A) IN GENERAL.—There is authorized to 
be appropriated— 
(i) not less than $1,500,000 for the 
Secretary for fiscal year 2022 to establish 
the Foundation; 
(ii) not less than $30,000,000 for the 
Foundation for fiscal year 2023 to carry 
out the activities of the Foundation; and 
(iii) not less than $3,000,000 for the 
Foundation for each of the fiscal years 
2024 through 2026, for administrative and 
operational costs. 
(B) LIMITATION.—None of the funds au-
thorized to be appropriated to the Secretary by 
subparagraph (A)(i) of this paragraph shall be 
used for construction. 
(C) COST SHARE.—Funds made available 
under subparagraph (A)(ii) shall be required to 
be cost-shared by a partner of the Foundation 
other than the Department or a National Lab-
oratory. 
(c) NATIONAL ENERGY TECHNOLOGY LABORATORY- 
ASSOCIATED FOUNDATION.— 
(1) ESTABLISHMENT.—
775 
(A) IN
GENERAL.—Notwithstanding any 
other provision of law, the National Energy 
Technology Laboratory may establish, or enter 
into an agreement with a nonprofit organization 
to establish, a Federal Laboratory-Associated 
Foundation (referred to in this subsection as a 
‘‘Laboratory Foundation’’) to support the mis-
sion of the National Energy Technology Lab-
oratory. 
(B) 
NOT
AGENCY
OR
INSTRUMEN-
TALITY.—A Laboratory Foundation shall not be 
an agency or instrumentality of the Federal 
Government. 
(C) GOVERNANCE
STRUCTURE.—A Lab-
oratory Foundation established under subpara-
graph (A) shall have a separate governance 
structure from, and shall be managed independ-
ently of, the National Energy Technology Lab-
oratory. 
(2) ACTIVITIES.—Activities of a Laboratory 
Foundation may include— 
(A) conducting support studies, competi-
tions, projects, research, and other activities 
that further the purpose of the Laboratory 
Foundation;
776 
(B) carrying out programs to foster col-
laboration and partnership among researchers 
from the Federal Government, State govern-
ments, institutions of higher education, feder-
ally funded research and development centers, 
and industry and nonprofit organizations relat-
ing to the research, development, and commer-
cialization of federally supported technologies; 
(C) carrying out programs to leverage 
technologies to support new product develop-
ment that supports regional economic develop-
ment; 
(D) administering prize competitions— 
(i) to accelerate private sector com-
petition and investment; and 
(ii) that complement the use of prize 
authority by the Department; 
(E) providing fellowships and grants to re-
search and development personnel at, or affili-
ated with, federally funded centers, in accord-
ance with paragraph (3); and 
(F) carrying out programs— 
(i) that allow scientists from foreign 
countries to serve in research capacities in 
the United States or other countries in as-
777 
sociation with the National Energy Tech-
nology Laboratory; 
(ii) that provide opportunities for em-
ployees of the National Energy Technology 
Laboratory to serve in research capacities 
in foreign countries; 
(iii) to conduct studies, projects, or 
research in collaboration with national and 
international nonprofit and for-profit orga-
nizations, which may include the provision 
of stipends, travel, and other support for 
personnel; 
(iv)(I) to hold forums, meetings, con-
ferences, courses, and training workshops 
that may include undergraduate, graduate, 
post-graduate, and post-doctoral accredited 
courses; and 
(II) for the accreditation of those 
courses by the Laboratory Foundation at 
the State and national level for college de-
grees or continuing education credits; 
(v) to support and encourage teachers 
and students of science at all levels of edu-
cation;
778 
(vi) to promote an understanding of 
science amongst the general public; 
(vii) for writing, editing, printing, 
publishing, and vending of relevant books 
and other materials; and 
(viii) for the conduct of other activi-
ties to carry out and support the purpose 
of the Laboratory Foundation. 
(3) FELLOWSHIPS AND GRANTS.— 
(A) SELECTION.—Recipients of fellowships 
and grants described in paragraph (2)(E) shall 
be selected— 
(i) by a Laboratory Foundation and 
the donors to a Laboratory Foundation; 
(ii) subject to the agreement of the 
head of the agency the mission of which is 
supported by a Laboratory Foundation; 
and 
(iii) in the case of a fellowship, based 
on the recommendation of the employees of 
the National Energy Technology Labora-
tory at which the fellow would serve. 
(B) EXPENSES.—Fellowships and grants 
described in paragraph (2)(E) may include sti-
779 
pends, travel, health insurance, benefits, and 
other appropriate expenses. 
(4) LIABILITY.—The United States shall not be 
liable for any debts, defaults, acts, or omissions of 
a Laboratory Foundation. 
(5) OTHER LAWS.—This subsection shall not 
alter or supersede any other provision of law gov-
erning the authority, scope, establishment, or use of 
nonprofit organizations by a Federal agency. 
DIVISION C—ENERGY AND 
COMMERCE 
TITLE I—COMMUNICATIONS AND 
TECHNOLOGY 
SEC. 20101. APPROPRIATIONS FOR WIRELESS SUPPLY 
CHAIN INNOVATION. 
(a) DIRECT
APPROPRIATIONS.—In addition to 
amounts otherwise available for such purposes, there is 
appropriated to the Public Wireless Supply Chain Innova-
tion Fund established under section 9202(a)(1) of the Wil-
liam M. (Mac) Thornberry National Defense Authoriza-
tion Act for Fiscal Year 2021 (Public Law 116–283), out 
of amounts in the Treasury not otherwise appropriated, 
$1,500,000,000 for fiscal year 2022, to remain available 
through September 30, 2031.
780 
(b) USE OF FUNDS, ADMINISTRATION, AND OVER-
SIGHT.—Of the amounts made available under subsection 
(a)— 
(1) not more than 5 percent of the amounts al-
located pursuant to subsection (c) in a given fiscal 
year may be used by the Assistant Secretary of 
Commerce for Communications and Information to 
administer the programs funded from the Public 
Wireless Supply Chain Innovation Fund; and 
(2) not less than $2,000,000 per fiscal year 
shall be transferred to the Office of Inspector Gen-
eral of the Department of Commerce for oversight 
related to activities conducted using amounts pro-
vided under this section. 
(c) ALLOCATION AUTHORITY.— 
(1) SUBMISSION
OF
COST
ESTIMATES.—The 
President shall submit to Congress detailed account, 
program, and project allocations of the amount rec-
ommended for allocation in a fiscal year from 
amounts made available under subsection (a)— 
(A) for fiscal years 2022 and 2023, not 
later than 90 days after the date of enactment 
of this Act; and 
(B) for each subsequent fiscal year 
through 2031, as part of the annual budget
781 
submission of the President under section 
1105(a) of title 31, United States Code. 
(2) ALTERNATE ALLOCATION.— 
(A) IN
GENERAL.—The Committees on 
Appropriations of the House of Representatives 
and the Senate may provide for alternate allo-
cation of amounts recommended for allocation 
in a given fiscal year from amounts made avail-
able under subsection (a), including by account, 
program, and project. 
(B) ALLOCATION BY PRESIDENT.— 
(i) NO ALTERNATE ALLOCATIONS.—If 
Congress has not enacted legislation estab-
lishing alternate allocations, including by 
account, program, and project, by the date 
on which the Act making full-year appro-
priations for the Departments of Com-
merce and Justice, Science, and Related 
Agencies for the applicable fiscal year is 
enacted into law, only then shall amounts 
recommended for allocation for that fiscal 
year from amounts made available under 
subsection (a) be allocated by the Presi-
dent or apportioned or allotted by account,
782 
program, and project pursuant to title 31, 
United States Code. 
(ii) INSUFFICIENT ALTERNATE ALLO-
CATION.—If Congress enacts legislation es-
tablishing alternate allocations, including 
by account, program, and project, for 
amounts recommended for allocation in a 
given fiscal year from amounts made avail-
able under subsection (a) that are less 
than the full amount recommended for al-
location for that fiscal year, the difference 
between the amount recommended for allo-
cation and the alternate allocation shall be 
allocated by the President and apportioned 
and allotted by account, program, and 
project pursuant to title 31, United States 
Code. 
(d) SEQUESTRATION.—Section 255(g)(1)(A) of the 
Balanced Budget and Emergency Deficit Control Act of 
1985 (2 U.S.C. 905(g)(1)(A)) is amended by inserting 
after ‘‘Postal Service Fund (18–4020–0–3–372).’’ the fol-
lowing: 
‘‘Public Wireless Supply Chain Innovation 
Fund.’’.
783 
(e) STATUTORY PAYGO SCORECARDS.—The budg-
etary effects of this section shall not be entered on either 
PAYGO scorecard maintained pursuant to section 4(d) of 
the Statutory Pay-As-You-Go Act of 2010. 
(f) CONSTRUCTION PROJECTS.—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 amounts made available 
under subsection (a). 
(g) WIRELESS SUPPLY CHAIN INNOVATION
AND 
MULTILATERAL SECURITY CONSTRUCTION PROJECTS.— 
Section 9202(a)(1)(B) of the William M. (Mac) Thorn-
berry National Defense Authorization Act for Fiscal Year 
2021 (Public Law 116–283) is amended by adding at the 
end the following: 
‘‘(iii) 
CONSTRUCTION
PROJECTS.— 
Section 602 of the Public Works and Eco-
nomic Development Act of 1965 (42 
U.S.C. 3212) shall apply to a construction 
project that receives financial assistance 
under this paragraph.’’. 
SEC. 20102. UNDERSTANDING CYBERSECURITY OF MOBILE 
NETWORKS. 
(a) IN GENERAL.—Not later than 1 year after the 
date of the enactment of this Act, the Assistant Secretary,
784 
in consultation with the Department of Homeland Secu-
rity, shall submit to the Committee on Energy and Com-
merce and the Permanent Select Committee on Intel-
ligence of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation and the 
Select Committee on Intelligence of the Senate a report 
examining the cybersecurity of mobile service networks 
and the vulnerability of such networks and mobile devices 
to cyberattacks and surveillance conducted by adversaries. 
(b) MATTERS TO BE INCLUDED.—The report re-
quired by subsection (a) shall include the following: 
(1) An assessment of the degree to which pro-
viders of mobile service have addressed, are address-
ing, 
or 
have 
not 
addressed 
cybersecurity 
vulnerabilities (including vulnerabilities the exploi-
tation of which could lead to surveillance conducted 
by adversaries) identified by academic and inde-
pendent researchers, multistakeholder standards and 
technical organizations, industry experts, and Fed-
eral agencies, including in relevant reports of— 
(A) the National Telecommunications and 
Information Administration; 
(B) the National Institute of Standards 
and Technology; and
785 
(C) the Department of Homeland Security, 
including— 
(i) the Cybersecurity and Infrastruc-
ture Security Agency; and 
(ii) the Science and Technology Direc-
torate. 
(2) A discussion of— 
(A) the degree to which customers (includ-
ing consumers, companies, and government 
agencies) consider cybersecurity as a factor 
when considering the purchase of mobile service 
and mobile devices; and 
(B) the commercial availability of tools, 
frameworks, best practices, and other resources 
for enabling such customers to evaluate cyber-
security risk and price tradeoffs. 
(3) A discussion of the degree to which pro-
viders of mobile service have implemented cybersecu-
rity best practices and risk assessment frameworks. 
(4) An estimate and discussion of the preva-
lence and efficacy of encryption and authentication 
algorithms and techniques used in each of the fol-
lowing: 
(A) Mobile service.
786 
(B) Mobile communications equipment or 
services. 
(C) Commonly used mobile phones and 
other mobile devices. 
(D) Commonly used mobile operating sys-
tems and communications software and applica-
tions. 
(5) A discussion of the barriers for providers of 
mobile service to adopt more efficacious encryption 
and authentication algorithms and techniques and to 
prohibit the use of older encryption and authentica-
tion algorithms and techniques with established 
vulnerabilities in mobile service, mobile communica-
tions equipment or services, and mobile phones and 
other mobile devices. 
(6) An estimate and discussion of the preva-
lence, usage, and availability of technologies that au-
thenticate legitimate mobile service and mobile com-
munications equipment or services to which mobile 
phones and other mobile devices are connected. 
(7) An estimate and discussion of the preva-
lence, costs, commercial availability, and usage by 
adversaries in the United States of cell site simula-
tors (often known as international mobile subscriber
787 
identity-catchers) and other mobile service surveil-
lance and interception technologies. 
(c) CONSULTATION.—In preparing the report re-
quired by subsection (a), the Assistant Secretary shall, to 
the degree practicable, consult with— 
(1) the Federal Communications Commission; 
(2) the National Institute of Standards and 
Technology; 
(3) the intelligence community; 
(4) the Cybersecurity and Infrastructure Secu-
rity Agency of the Department of Homeland Secu-
rity; 
(5) the Science and Technology Directorate of 
the Department of Homeland Security; 
(6) academic and independent researchers with 
expertise in privacy, encryption, cybersecurity, and 
network threats; 
(7) participants in multistakeholder standards 
and technical organizations (including the 3rd Gen-
eration Partnership Project and the Internet Engi-
neering Task Force); 
(8) international stakeholders, in coordination 
with the Department of State as appropriate; 
(9) providers of mobile service, including small 
providers (or the representatives of such providers)
788 
and rural providers (or the representatives of such 
providers); 
(10) manufacturers, operators, and providers of 
mobile communications equipment or services and 
mobile phones and other mobile devices; 
(11) developers of mobile operating systems and 
communications software and applications; and 
(12) other experts that the Assistant Secretary 
considers appropriate. 
(d) SCOPE OF REPORT.—The Assistant Secretary 
shall— 
(1) limit the report required by subsection (a) 
to mobile service networks; 
(2) exclude consideration of 5G protocols and 
networks in the report required by subsection (a); 
(3) limit the assessment required by subsection 
(b)(1) to vulnerabilities that have been shown to 
be— 
(A) exploited in non-laboratory settings; or 
(B) feasibly and practicably exploitable in 
real-world conditions; and 
(4) consider in the report required by sub-
section (a) vulnerabilities that have been effectively 
mitigated by manufacturers of mobile phones and 
other mobile devices.
789 
(e) FORM OF REPORT.— 
(1) CLASSIFIED INFORMATION.—The report re-
quired by subsection (a) shall be produced in unclas-
sified form but may contain a classified annex. 
(2) POTENTIALLY EXPLOITABLE UNCLASSIFIED 
INFORMATION.—The Assistant Secretary shall re-
dact potentially exploitable unclassified information 
from the report required by subsection (a) but shall 
provide an unredacted form of the report to the 
committees described in such subsection. 
(f) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$500,000 for fiscal year 2022. Such amount is authorized 
to remain available through fiscal year 2023. 
(g) DEFINITIONS.—In this section: 
(1) ADVERSARY.—The term ‘‘adversary’’ in-
cludes— 
(A) any unauthorized hacker or other in-
truder into a mobile service network; and 
(B) any foreign government or foreign 
nongovernment person engaged in a long-term 
pattern or serious instances of conduct signifi-
cantly adverse to the national security of the 
United States or security and safety of United 
States persons.
790 
(2) ASSISTANT SECRETARY.—The term ‘‘Assist-
ant Secretary’’ means the Assistant Secretary of 
Commerce for Communications and Information. 
(3) ENTITY.—The term ‘‘entity’’ means a part-
nership, association, trust, joint venture, corpora-
tion, group, subgroup, or other organization. 
(4) INTELLIGENCE
COMMUNITY.—The term 
‘‘intelligence community’’ has the meaning given 
that term in section 3 of the National Security Act 
of 1947 (50 U.S.C. 3003). 
(5) MOBILE COMMUNICATIONS EQUIPMENT OR 
SERVICE.—The term ‘‘mobile communications equip-
ment or service’’ means any equipment or service 
that is essential to the provision of mobile service. 
(6) MOBILE SERVICE.—The term ‘‘mobile serv-
ice’’ means, to the extent provided to United States 
customers, either or both of the following services: 
(A) Commercial mobile service (as defined 
in section 332(d) of the Communications Act of 
1934 (47 U.S.C. 332(d))). 
(B) Commercial mobile data service (as de-
fined in section 6001 of the Middle Class Tax 
Relief and Job Creation Act of 2012 (47 U.S.C. 
1401)).
791 
(7) PERSON.—The term ‘‘person’’ means an in-
dividual or entity. 
(8) 
UNITED
STATES
PERSON.—The 
term 
‘‘United States person’’ means— 
(A) an individual who is a United States 
citizen or an alien lawfully admitted for perma-
nent residence to the United States; 
(B) an entity organized under the laws of 
the United States or any jurisdiction within the 
United States, including a foreign branch of 
such an entity; or 
(C) any person in the United States. 
SEC. 20103. INFORMATION AND COMMUNICATION TECH-
NOLOGY STRATEGY. 
(a) REPORT.—Not later than 1 year after the date 
of the enactment of this Act, the Secretary shall submit 
to the Committee on Energy and Commerce and the Per-
manent Select Committee on Intelligence and the Com-
mittee on Foreign Affairs of the House of Representatives 
and the Committee on Commerce, Science, and Transpor-
tation and the Select Committee on Intelligence and the 
Committee on Foreign Relations of the Senate a report 
on the information and communication technology supply 
chain that— 
(1) identifies—
792 
(A) information and communication tech-
nology critical to the economic competitiveness 
of the United States; and 
(B) the industrial capacity of— 
(i) 
United 
States 
vendors 
that 
produce information and communication 
technology identified under subparagraph 
(A); and 
(ii) trusted information and commu-
nication technology vendors that produce 
information and communication technology 
identified under subparagraph (A); 
(2) assesses the economic competitiveness of 
vendors described under paragraph (1)(B); 
(3) assesses whether, and to what extent, there 
is a dependence by providers of advanced tele-
communications capability in the United States on 
information and communication technology identified 
under paragraph (1)(A) that is not trusted; 
(4) identifies— 
(A) what actions by the Federal Govern-
ment are needed to support, and bolster the 
economic competitiveness of, trusted informa-
tion and communication technology vendors; 
and
793 
(B) what Federal resources are needed to 
reduce dependence by providers of advanced 
telecommunications capability in the United 
States on companies that— 
(i) produce information and commu-
nication technology; and 
(ii) are not trusted; and 
(5) defines lines of effort and assigns respon-
sibilities for a whole-of-Government response to en-
suring the competitiveness of the information and 
communication technology supply chain in the 
United States. 
(b) WHOLE-OF-GOVERNMENT STRATEGY.— 
(1) IN GENERAL.—The Secretary shall develop, 
on the basis of the report required by subsection (a), 
a whole-of-Government strategy to ensure the eco-
nomic competitiveness of trusted information and 
communication technology vendors that includes— 
(A) recommendations on how— 
(i) to strengthen the structure, re-
sources, and authorities of the Federal 
Government to support the economic com-
petitiveness of trusted information and 
communication technology vendors, includ-
ing United States vendors that are trusted
794 
information and communication technology 
vendors; and 
(ii) the Federal Government can ad-
dress any barriers to a market-based solu-
tion for increasing the economic competi-
tiveness of such information and commu-
nication technology vendors; 
(B) defined lines of effort and responsibil-
ities for Federal agencies to implement the 
strategy; and 
(C) a description of— 
(i) any change to a Federal program, 
Federal law, or structure of the Federal 
Government necessary to implement any 
recommendation under subparagraph (A); 
and 
(ii) any additional Federal resource 
necessary to implement any recommenda-
tion under subparagraph (A). 
(2) REPORT.—Not later than 180 days after 
the submission of the report required by subsection 
(a), the Secretary shall submit to the Committee on 
Energy and Commerce and the Permanent Select 
Committee on Intelligence of the House of Rep-
resentatives and the Committee on Commerce,
795 
Science, and Transportation and the Select Com-
mittee on Intelligence of the Senate a report con-
taining the strategy developed under paragraph (1). 
(c) CONSULTATION REQUIRED.—In carrying out sub-
sections (a) and (b), the Secretary shall consult with— 
(1) a cross-section of trusted information and 
communication technology vendors; and 
(2) the Secretary of State, the Secretary of 
Homeland Security, the Attorney General, the Direc-
tor of National Intelligence, the Chair of the Federal 
Communications Commission and any other head of 
an agency the Secretary determines necessary. 
(d) DEFINITIONS.—In this section: 
(1) ADVANCED
TELECOMMUNICATIONS
CAPA-
BILITY.—The term ‘‘advanced telecommunications 
capability’’ has the meaning given that term in sec-
tion 706 of the Telecommunications Act of 1996 (47 
U.S.C. 1302). 
(2) INFORMATION AND COMMUNICATION TECH-
NOLOGY
SUPPLY
CHAIN.—The term ‘‘information 
and communication technology supply chain’’ means 
all of the companies that produce information and 
communication technology. 
(3) INFORMATION AND COMMUNICATION TECH-
NOLOGY.—The term ‘‘information and communica-
796 
tion technology’’ means a technology (including soft-
ware), component, or material that enables commu-
nications by radio or wire. 
(4) NOT TRUSTED.—The term ‘‘not trusted’’ 
means, with respect to a company or information 
and communication technology, that the company or 
information and communication technology is deter-
mined by the Secretary to pose an unacceptable risk 
to the national security of the United States, or the 
security and safety of United States persons, based 
solely on one or more determination described under 
paragraphs (1) through (4) of section 2(c) of the Se-
cure and Trusted Communications Networks Act of 
2019 (47 U.S.C. 1601(c)). 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Commerce, acting through the As-
sistant Secretary of Commerce for Communications 
and Information. 
(6) TRUSTED.—The term ‘‘trusted’’ means, 
with respect to a company, that the Secretary has 
not determined that the company is not trusted. 
(7) TRUSTED INFORMATION AND COMMUNICA-
TION TECHNOLOGY VENDOR.—The term ‘‘trusted in-
formation and communication technology vendor’’ 
means a company—
797 
(A) that produces information and commu-
nication technology; and 
(B) that is trusted. 
SEC. 20104. OPEN RAN OUTREACH. 
(a) IN GENERAL.—The Assistant Secretary shall con-
duct outreach and provide technical assistance to small 
communications network providers— 
(1) to raise awareness regarding the uses, bene-
fits, and challenges of Open RAN networks and 
other open network architectures; and 
(2) regarding participation in the Wireless Sup-
ply Chain Innovation Grant Program established 
under section 9202(a)(1) of the William M. (Mac) 
Thornberry National Defense Authorization Act for 
Fiscal Year 2021 (Public Law 116–283). 
(b) DEFINITIONS.—In this section: 
(1) ASSISTANT SECRETARY.—The term ‘‘Assist-
ant Secretary’’ means the Assistant Secretary of 
Commerce for Communications and Information, 
acting through the head of the Office of Internet 
Connectivity and Growth. 
(2) OPEN
NETWORK
ARCHITECTURE.—The 
term ‘‘open network architecture’’ means Open RAN 
networks and other network elements that follow a 
set of published open standards for multi-vendor
798 
network equipment interoperability, including open 
core and open transport. 
(3) OPEN
RAN
NETWORK.—The term ‘‘Open 
RAN network’’ means a wireless network that fol-
lows the Open Radio Access Network approach to 
standardization adopted by the O–RAN Alliance, 
Telecom Infra Project, or Third Generation Partner-
ship Project (3GPP), or any similar set of published 
open standards for multi-vendor network equipment 
interoperability. 
SEC. 20105. FUTURE NETWORKS. 
(a) ESTABLISHMENT.—Not later than 120 days after 
the date of the enactment of this Act, the Commission 
shall establish a task force to be known as the ‘‘6G Task 
Force’’. 
(b) MEMBERSHIP.— 
(1) APPOINTMENT.—The members of the Task 
Force shall be appointed by the Chair. 
(2) COMPOSITION.—To the extent practicable, 
the membership of the Task Force shall be com-
posed of the following: 
(A) Representatives of companies in the 
communications industry, except companies 
that are determined by the Chair to be not 
trusted.
799 
(B) Representatives of public interest orga-
nizations or academic institutions, except public 
interest organizations or academic institutions 
that are determined by the Chair to be not 
trusted. 
(C) Representatives of the Federal Govern-
ment, State governments, local governments, or 
Tribal Governments, with at least one member 
representing each such type of government. 
(c) REPORT.— 
(1) IN GENERAL.—Not later than 1 year after 
the date on which the Task Force is established 
under subsection (a), the Task Force shall publish 
in the Federal Register and on the website of the 
Commission, and submit to the Committee on En-
ergy and Commerce of the House of Representatives 
and the Committee on Commerce, Science, and 
Transportation of the Senate, a report on sixth-gen-
eration wireless technology, including— 
(A) the status of industry-led standards- 
setting bodies in setting standards for such 
technology; 
(B) possible uses of such technology identi-
fied by industry-led standards-setting bodies 
that are setting standards for such technology;
800 
(C) any limitations of such technology (in-
cluding any supply chain or cybersecurity limi-
tations) identified by industry-led standards-set-
ting bodies that are setting standards for such 
technology; and 
(D) how to best work with entities across 
the Federal Government, State governments, 
local governments, and Tribal Governments to 
leverage such technology, including with regard 
to siting, deployment, and adoption. 
(2) DRAFT REPORT; PUBLIC COMMENT.—The 
Task Force shall— 
(A) not later than 180 days after the date 
on which the Task Force is established under 
subsection (a), publish in the Federal Register 
and on the website of the Commission a draft 
of the report required by paragraph (1); and 
(B) accept public comments on such draft 
and take such comments into consideration in 
preparing the final version of such report. 
(d) DEFINITIONS.—In this section: 
(1) CHAIR.—The term ‘‘Chair’’ means the 
Chair of the Commission. 
(2) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Communications Commission.
801 
(3) NOT TRUSTED.— 
(A) IN GENERAL.—The term ‘‘not trusted’’ 
means, with respect to an entity, that— 
(i) the Chair has made a public deter-
mination that such entity is owned by, con-
trolled by, or subject to the influence of a 
foreign adversary; or 
(ii) the Chair otherwise determines 
that such entity poses a threat to the na-
tional security of the United States. 
(B) CRITERIA
FOR
DETERMINATION.—In 
making a determination under subparagraph 
(A)(ii), the Chair shall use the criteria de-
scribed in paragraphs (1) through (4) of section 
2(c) of the Secure and Trusted Communica-
tions Networks Act of 2019 (47 U.S.C. 
1601(c)), as appropriate. 
(4) STATE.—The term ‘‘State’’ has the mean-
ing given such term in section 3 of the Communica-
tions Act of 1934 (47 U.S.C. 153). 
(5) TASK
FORCE.—The term ‘‘Task Force’’ 
means the 6G Task Force established under sub-
section (a).
802 
SEC. 20106. NTIA POLICY AND CYBERSECURITY COORDINA-
TION. 
(a) OFFICE OF POLICY DEVELOPMENT AND CYBER-
SECURITY.—Part A of title I of the National Tele-
communications and Information Administration Organi-
zation Act (47 U.S.C. 901 et seq.) is amended by adding 
at the end the following: 
‘‘SEC. 106. OFFICE OF POLICY DEVELOPMENT AND CYBER-
SECURITY. 
‘‘(a) ESTABLISHMENT.—There shall be within the 
NTIA an office to be known as the Office of Policy Devel-
opment and Cybersecurity (in this section referred to as 
the ‘Office’). 
‘‘(b) ASSOCIATE ADMINISTRATOR.—The head of the 
Office shall be an Associate Administrator for Policy De-
velopment and Cybersecurity (in this section referred to 
as the ‘Associate Administrator’), who shall report to the 
Assistant Secretary. 
‘‘(c) DUTIES.— 
‘‘(1) IN
GENERAL.—The Associate Adminis-
trator shall oversee and conduct national commu-
nications and information policy analysis and devel-
opment for the internet and communications tech-
nologies. 
‘‘(2) PARTICULAR
DUTIES.—In carrying out 
paragraph (1), the Office shall—
803 
‘‘(A) develop, analyze, and advocate for 
market-based policies that promote innovation, 
competition, consumer access, digital inclusion, 
workforce development, and economic growth in 
the communications, media, and technology 
markets; 
‘‘(B) issue studies, as delegated by the As-
sistant Secretary or required by Congress, on 
how individuals in the United States access and 
use the internet, wireline and wireless teleph-
ony, mass media, other digital services, and 
video services; 
‘‘(C) coordinate transparent, consensus- 
based, multistakeholder processes to create 
guidance or to support the development and im-
plementation of cybersecurity and privacy poli-
cies with respect to the internet and other com-
munications networks; 
‘‘(D) promote increased collaboration be-
tween security researchers and providers of 
communications services and software system 
developers; 
‘‘(E) perform such duties as the Assistant 
Secretary considers appropriate relating to the 
program for preventing future vulnerabilities es-
804 
tablished under section 8(a) of the Secure and 
Trusted Communications Networks Act of 2019 
(47 U.S.C. 1607(a)); 
‘‘(F) advocate for policies that promote the 
security and resilience to cybersecurity incidents 
of communications networks while fostering in-
novation, including policies that promote secure 
communications network supply chains; 
‘‘(G) at the direction of the Assistant Sec-
retary, present security of the digital economy 
and infrastructure and cybersecurity policy ef-
forts before the Commission, Congress, and 
elsewhere; 
‘‘(H) provide advice and assistance to the 
Assistant Secretary in carrying out the policy 
responsibilities of the NTIA with respect to cy-
bersecurity policy matters, including the evalua-
tion of the impact of cybersecurity matters 
pending before the Commission, other Federal 
agencies, and Congress; 
‘‘(I) in addition to the duties described in 
subparagraph (H), perform such other duties 
regarding the policy responsibilities of the 
NTIA with respect to cybersecurity policy mat-
805 
ters as the Assistant Secretary considers appro-
priate; 
‘‘(J) develop policies to accelerate innova-
tion and commercialization with respect to ad-
vances in technological understanding of com-
munications technologies; 
‘‘(K) identify barriers to trust, security, in-
novation, and commercialization with respect to 
communications technologies, including access 
to capital and other resources, and ways to 
overcome such barriers; 
‘‘(L) provide public access to relevant data, 
research, and technical assistance on innovation 
and commercialization with respect to commu-
nications technologies, consistent with the pro-
tection of classified information; 
‘‘(M) strengthen collaboration on and co-
ordination of policies relating to innovation and 
commercialization with respect to communica-
tions technologies, including policies focused on 
the needs of small businesses and rural commu-
nities— 
‘‘(i) within the Department of Com-
merce;
806 
‘‘(ii) between the Department of Com-
merce and State government agencies, as 
appropriate; and 
‘‘(iii) between the Department of 
Commerce and the Commission or any 
other Federal agency the Assistant Sec-
retary determines to be necessary; and 
‘‘(N) solicit and consider feedback from 
small and rural communications service pro-
viders, as appropriate.’’. 
(b) TRANSITIONAL RULES.— 
(1) REDESIGNATION
OF
ASSOCIATE
ADMINIS-
TRATOR; CONTINUATION OF SERVICE.— 
(A) REDESIGNATION.—The position of As-
sociate Administrator for Policy Analysis and 
Development at the NTIA is hereby redesig-
nated as the position of Associate Adminis-
trator for Policy Development and Cybersecu-
rity. 
(B) CONTINUATION OF SERVICE.—The in-
dividual serving as Associate Administrator for 
Policy Analysis and Development at the NTIA 
on the date of the enactment of this Act shall 
become, as of such date, the Associate Adminis-
807 
trator for Policy Development and Cybersecu-
rity. 
(2) NTIA DEFINED.—In this subsection, the 
term ‘‘NTIA’’ means the National Telecommuni-
cations and Information Administration. 
SEC. 20107. AMERICAN CYBERSECURITY LITERACY. 
(a) IN GENERAL.—The Secretary of Commerce, in 
consultation with the Director of the Cybersecurity and 
Infrastructure Security Agency, shall develop and conduct 
a cybersecurity literacy campaign (which shall be available 
in multiple languages and formats, if practicable) to in-
crease the knowledge and awareness of the American peo-
ple of best practices to reduce cybersecurity risks. 
(b) CAMPAIGN.—To reduce cybersecurity risks, the 
Secretary of Commerce, in consultation with the Director 
of the Cybersecurity and Infrastructure Security Agency, 
shall— 
(1) educate the American people on how to pre-
vent and mitigate cyberattacks and cybersecurity 
risks, including by— 
(A) instructing the American people on 
how to identify— 
(i) phishing emails and messages; and 
(ii) secure websites;
809 
(i) regularly review mobile application 
permissions; 
(ii) decline privilege requests from mo-
bile applications that are unnecessary; 
(iii) download applications only from 
trusted vendors or sources; and 
(iv) consider a product’s life cycle and 
the developer or manufacturer’s commit-
ment to providing security updates during 
a connected device’s expected period of use; 
and 
(F) identifying the potential cybersecurity 
risks of using publicly available Wi-Fi networks 
and the methods a user may utilize to limit 
such risks; and 
(2) encourage the American people to use re-
sources to help mitigate the cybersecurity risks iden-
tified in this subsection. 
SEC. 20108. COMMUNICATIONS SECURITY ADVISORY COUN-
CIL. 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this Act, the Commis-
sion shall establish a council, to advise the Commis-
810 
sion on issues including the security, reliability, and 
interoperability of communications networks. 
(2) EXISTING ADVISORY COMMITTEES.—A Fed-
eral advisory committee of the Commission that is 
operating, on the date of the enactment of this Act, 
under a charter for the purpose of addressing the 
issues described in paragraph (1), satisfies the re-
quirements of such paragraph if the membership of 
such committee complies with subsection (b) or is 
modified to comply with such subsection not later 
than 90 days after the date of the enactment of this 
Act. 
(b) MEMBERSHIP.— 
(1) APPOINTMENT.—The members of the coun-
cil shall be appointed by the Chair. 
(2) COMPOSITION.—To the extent practicable, 
the membership of the council shall be composed of 
the following: 
(A) Representatives of companies in the 
communications industry, except companies 
that are determined by the Chair to be not 
trusted. 
(B) Representatives of public interest orga-
nizations or academic institutions, except public 
interest organizations or academic institutions
811 
that are determined by the Chair to be not 
trusted. 
(C) Representatives of the Federal Govern-
ment, State governments, local governments, or 
Tribal Governments, with at least one member 
representing each such type of government. 
(3) KNOWLEDGE
AND
EXPERIENCE.—Each 
member of the council shall have knowledge and ex-
perience relevant to the purpose and goals of the 
council. 
(4) TERMS.— 
(A) IN GENERAL.—Each member of the 
council shall be appointed for a term of 2 years, 
except as provided in subparagraph (B). 
(B) VACANCIES.—Any member appointed 
to fill a vacancy occurring before the expiration 
of the term for which the member’s predecessor 
was appointed shall be appointed only for the 
remainder of that term. A member may serve 
after the expiration of that member’s term until 
a successor has taken office. 
(c) REPORTS.— 
(1) IN GENERAL.—Not later than 2 years after 
the date on which the council is established under 
subsection (a), and every 2 years thereafter, the
812 
council shall submit to the Chair each report adopt-
ed by the council during the preceding 2-year period, 
and any report adopted by any working group of the 
council during such period, including any such re-
port of the council or a working group containing 
recommendations on ways to increase the security, 
reliability, and interoperability of communications 
networks, and on other relevant issues as appro-
priate. 
(2) AVAILABILITY ON COMMISSION WEBSITE.— 
The Commission shall make each report submitted 
under paragraph (1) publicly available on the 
website of the Commission. 
(d) DURATION.—Section 14(a)(2)(B) of the Federal 
Advisory Committee Act (5 U.S.C. App.; relating to the 
termination of advisory committees) shall not apply to the 
council. 
(e) DEFINITIONS.—In this section: 
(1) CHAIR.—The term ‘‘Chair’’ means the 
Chair of the Commission. 
(2) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Communications Commission. 
(3) COUNCIL.—The term ‘‘council’’ means the 
council established under subsection (a). 
(4) NOT TRUSTED.—
813 
(A) IN GENERAL.—The term ‘‘not trusted’’ 
means, with respect to an entity, that— 
(i) the Chair has made a public deter-
mination that such entity is owned by, con-
trolled by, or subject to the influence of a 
foreign adversary; or 
(ii) the Chair otherwise determines 
that such entity poses a threat to the na-
tional security of the United States. 
(B) CRITERIA
FOR
DETERMINATION.—In 
making a determination under subparagraph 
(A)(ii), the Chair shall use the criteria de-
scribed in paragraphs (1) through (4) of section 
2(c) of the Secure and Trusted Communica-
tions Networks Act of 2019 (47 U.S.C. 
1601(c)), as appropriate. 
(5) STATE.—The term ‘‘State’’ has the mean-
ing given such term in section 3 of the Communica-
tions Act of 1934 (47 U.S.C. 153). 
SEC. 20109. PROMOTING UNITED STATES WIRELESS LEAD-
ERSHIP. 
(a) IN GENERAL.—In order to enhance the represen-
tation of the United States and promote United States 
leadership in standards-setting bodies that set standards 
for 5G networks and for future generations of wireless
814 
communications networks, the Assistant Secretary shall, 
in consultation with the National Institute of Standards 
and Technology— 
(1) equitably encourage participation by compa-
nies and a wide variety of relevant stakeholders, but 
not including any company or relevant stakeholder 
that the Assistant Secretary has determined to be 
not trusted, (to the extent such standards-setting 
bodies allow such stakeholders to participate) in 
such standards-setting bodies; and 
(2) equitably offer technical expertise to compa-
nies and a wide variety of relevant stakeholders, but 
not including any company or relevant stakeholder 
that the Assistant Secretary has determined to be 
not trusted, (to the extent such standards-setting 
bodies allow such stakeholders to participate) to fa-
cilitate such participation. 
(b) STANDARDS-SETTING BODIES.—The standards- 
setting bodies referred to in subsection (a) include— 
(1) the International Organization for Stand-
ardization; 
(2) the voluntary standards-setting bodies that 
develop protocols for wireless devices and other 
equipment, such as the 3GPP and the Institute of 
Electrical and Electronics Engineers; and
815 
(3) any standards-setting body accredited by 
the American National Standards Institute or Alli-
ance for Telecommunications Industry Solutions. 
(c) BRIEFING.—Not later than 60 days after the date 
of the enactment of this Act, the Assistant Secretary shall 
brief the Committees on Energy and Commerce and For-
eign Affairs of the House of Representatives and the Com-
mittees on Commerce, Science, and Transportation and 
Foreign Relations of the Senate on a strategy to carry 
out subsection (a). 
(d) DEFINITIONS.—In this section: 
(1) 3GPP.—The term ‘‘3GPP’’ means the 3rd 
Generation Partnership Project. 
(2) 5G NETWORK.—The term ‘‘5G network’’ 
means a fifth-generation mobile network as de-
scribed by 3GPP Release 15 or higher. 
(3) ASSISTANT SECRETARY.—The term ‘‘Assist-
ant Secretary’’ means the Assistant Secretary of 
Commerce for Communications and Information. 
(4) CLOUD
COMPUTING.—The term ‘‘cloud 
computing’’ has the meaning given the term in Spe-
cial Publication 800–145 of the National Institute of 
Standards and Technology, entitled ‘‘The NIST Def-
inition of Cloud Computing’’, published in Sep-
tember 2011, or any successor publication.
816 
(5) COMMUNICATIONS
NETWORK.—The term 
‘‘communications network’’ means any of the fol-
lowing: 
(A) A system enabling the transmission, 
between or among points specified by the user, 
of information of the user’s choosing. 
(B) Cloud computing resources. 
(C) A network or system used to access 
cloud computing resources. 
(6) NOT TRUSTED.—The term ‘‘not trusted’’ 
means, with respect to a company or stakeholder, 
that the company or stakeholder is determined by 
the Assistant Secretary to pose a threat to the na-
tional security of the United States. In making such 
a determination, the Assistant Secretary shall rely 
solely on one or more of the following determina-
tions: 
(A) A specific determination made by any 
executive branch interagency body with appro-
priate national security expertise, including the 
Federal Acquisition Security Council estab-
lished under section 1322(a) of title 41, United 
States Code. 
(B) A specific determination made by the 
Department of Commerce pursuant to Execu-
817 
tive Order No. 13873 (84 Fed. Reg. 22689; re-
lating to securing the information and commu-
nications technology and services supply chain). 
(C) Whether a company or stakeholder 
produces or provides covered telecommuni-
cations equipment or services, as defined in sec-
tion 889(f)(3) of the John S. McCain National 
Defense Authorization Act for Fiscal Year 2019 
(Public Law 115–232; 132 Stat. 1918). 
SEC. 20110. CRITICAL INFRASTRUCTURE MANUFACTURING 
FEASIBILITY. 
(a) STUDY.—Not later than 1 year after the date of 
enactment of this Act, the Secretary of Commerce shall 
conduct a study to— 
(1) identify any product that is in high demand 
within each critical infrastructure sector that is 
being imported due to a manufacturing, material, or 
supply chain constraint in the United States; 
(2) analyze the costs and benefits of manufac-
turing the product in the United States, including 
any effects on— 
(A) jobs, employment rates, and labor con-
ditions in the United States; and 
(B) the cost of the product;
818 
(3) identify any product described in paragraph 
(1) that feasibly may be manufactured in the United 
States; and 
(4) analyze the feasibility of, and any impedi-
ments to, manufacturing any product identified in 
paragraph (3) in— 
(A) a rural area; 
(B) an industrial park; or 
(C) an industrial park in a rural area. 
(b) REPORT TO THE CONGRESS.—Not later than 18 
months after the date of enactment of this Act, the Sec-
retary shall— 
(1) submit to the Congress a report containing 
the results of the study required by subsection (a) 
with recommendations for products described in sub-
section (a)(1) that feasibly may be manufactured in 
the United States; and 
(2) make the report available to the public on 
the website of the Department of Commerce. 
(c) LIMITATION ON AUTHORITY.—This section shall 
not be interpreted to provide the Secretary of Commerce 
with authority to compel a person or company to provide 
information described in this section. 
(d) DEFINITION
OF
CRITICAL
INFRASTRUCTURE 
SECTOR.—In this Act, the term ‘‘critical infrastructure
819 
sector’’ means each of the 16 designated critical infra-
structure sectors identified in Presidential Policy Directive 
21 of February 12, 2013 (Critical Infrastructure Security 
and Resilience). 
TITLE II—CONSUMER 
PROTECTION AND COMMERCE 
Subtitle A—Supply Chain 
Resilience 
SEC. 20201. OFFICE OF MANUFACTURING SECURITY AND 
RESILIENCE. 
(a) ESTABLISHMENT.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary shall 
establish an Office of Manufacturing Security and Resil-
ience. 
(b) MISSION.—The mission of the Office shall be the 
following: 
(1) Help to promote the leadership of the 
United States with respect to critical industries and 
supply chains that— 
(A) strengthen the national security of the 
United States; and 
(B) have a significant effect on the eco-
nomic security of the United States. 
(2) Encourage a Governmentwide approach 
through partnerships and collaboration with the pri-
820 
vate sector, labor organizations, the governments of 
countries that are allies or key international part-
ners of the United States, States or political subdivi-
sions thereof, and Tribal governments in order to— 
(A) promote the resilience of supply 
chains; and 
(B) identify, prepare for, and respond to 
supply chain shocks to— 
(i) critical industries; and 
(ii) supply chains. 
(3) Monitor the resilience, diversity, security, 
and strength of supply chains and critical industries. 
(4) Support the availability of critical goods 
from domestic manufacturers, domestic enterprises, 
and manufacturing operations in the United States 
and in countries that are allies or key international 
partners. 
(5) Assist the Federal Government in preparing 
for and responding to supply chain shocks, including 
by improving the flexible manufacturing capacities 
and capabilities in the United States. 
(6) Encourage and incentivize the reduced reli-
ance of domestic entities and domestic manufactur-
ers on critical goods from countries of concern.
821 
(7) Encourage the relocation of manufacturing 
facilities that manufacture critical goods from coun-
tries of concern to the United States and countries 
that are allies and key international partners to 
strengthen the resilience, diversity, security, and 
strength of supply chains. 
(8) Support the creation of jobs with competi-
tive wages in the United States manufacturing sec-
tor. 
(9) Encourage manufacturing growth and op-
portunities in economically distressed areas and un-
derserved communities. 
(10) Promote the health of the economy of the 
United States and the competitiveness of manufac-
turing in the United States. 
(11) Coordinate executive branch actions nec-
essary to carry out the functions described in para-
graphs (1) through (10). 
(c) ASSISTANT SECRETARY OF THE OFFICE.— 
(1) APPOINTMENT
AND
TERM.—The head of 
the Office shall be the Assistant Secretary of Manu-
facturing Security and Resilience, appointed by the 
President, by and with the advice and consent of the 
Senate, for a term of not more than 5 years. The 
Assistant Secretary of Manufacturing Security and
822 
Resilience may function as and be known as the 
United States Chief Manufacturing Officer. 
(2) PAY.—The Assistant Secretary shall be 
compensated at the rate in effect for level II of the 
Executive Schedule under section 5313 of title 5, 
United States Code. 
(3) ADMINISTRATIVE
AUTHORITIES.—The As-
sistant Secretary may appoint officers and employ-
ees in accordance with chapter 51 and subchapter 
III of chapter 53 of title 5, United States Code. 
SEC. 20202. UNITED STATES STRATEGY TO COUNTER 
THREATS TO SUPPLY CHAINS. 
(a) IN GENERAL.—In accordance with Executive 
Order No. 14017 (86 Fed. Reg. 11849 relating to Amer-
ica’s supply chains), the Assistant Secretary shall, not 
later than 1 year after the date of the enactment of this 
Act, develop and implement a strategy taking a Govern-
mentwide approach to support the resilience, diversity, se-
curity, and strength of supply chains. 
(b) ELEMENTS.—The strategy required under sub-
section (a) shall include the following: 
(1) A plan to do the following: 
(A) Execute a unified national effort to re-
duce reliance on concentrated supply chains and
823 
protect against threats from countries of con-
cern relating to supply chains. 
(B) Support sufficient access to critical 
goods by mitigating supply chain vulnerabilities, 
including supply chains concentrated in coun-
tries of concern. 
(C) Collaborate with other relevant Federal 
agencies to assist allies or key international 
partners build capacity for manufacturing crit-
ical goods. 
(D) Incentivize (through grants, loans, 
loan guarantees, and equity investment author-
ized under section 20204) and identify other 
means, as appropriate— 
(i) for domestic manufacturers that 
manufacture critical goods to— 
(I) relocate manufacturing facili-
ties, industrial equipment, or oper-
ations related to the production of 
critical goods from countries of con-
cern to the United States or to other 
allies or key international partners; 
and 
(II) to support manufacturing fa-
cilities, industrial equipment, or oper-
824 
ations to increase the production of 
critical goods and meet demand for 
such goods; and 
(ii) for domestic manufacturers that 
do not manufacture critical goods to make 
necessary or appropriate modifications to 
existing manufacturing facilities, industrial 
equipment, manufacturing technology, or 
operations in order to manufacture 1 or 
more critical goods. 
(E) Describe the manner and processes 
through which the Assistant Secretary will im-
plement the program under section 20204, in-
cluding through consultation with, or requests 
for information from, the heads of any relevant 
Federal agencies, including those with jurisdic-
tion over supply chains, for the purposes of en-
suring the program authorized under section 
20204— 
(i) supports the resilience, diversity, 
security and strength of a supply chain; 
and 
(ii) meets the national security and 
economic security needs of the United 
States.
825 
(F) Strengthen and increase trade through 
new and revised trade agreements and other 
forms of engagement between the United States 
and allies or key international partners in order 
to mitigate— 
(i) supply chain vulnerabilities; and 
(ii) the effects of supply chain shocks. 
(G) Recover from supply chain shocks. 
(H) Identify, in coordination with other 
relevant Federal agencies, actions relating to 
supply chains with which the United States 
might— 
(i) raise living standards; 
(ii) increase employment opportuni-
ties; 
(iii) address the underlying causes of 
irregular migration; and 
(iv) improve critical industry supply 
chain response to supply chain shocks. 
(I) Protect against supply chain shocks 
from countries of concern relating to supply 
chains. 
(J) Provide recommendations to effectuate 
the strategy under this section. 
(2) An assessment of the following:
826 
(A) The extent to which any office or bu-
reau within the Department of Commerce that 
the Assistant Secretary determines has duties, 
responsibilities, resources, or expertise that sup-
port or duplicate the mission of the Office. 
(B) The purpose of each office and bureau 
identified under subparagraph (A). 
(C) Whether the Assistant Secretary will 
coordinate with each such office and bureau in 
implementing the requirements of this Act. 
(D) If the Assistant Secretary makes a 
positive determination under subparagraph (C), 
the effectiveness and efficiency of the Assistant 
Secretary and each such office and bureau at 
implementing the requirements of this Act. 
(3) Recommendations, if applicable and con-
sistent with the objectives of this Act, on consoli-
dating functions amongst the Office and each such 
office and bureau identified under paragraph (2)(A). 
(c) SUBMISSION OF STRATEGY.— 
(1) IN
GENERAL.—Not later than 450 days 
after the date of the enactment of this Act, the As-
sistant Secretary shall submit to the Committee on 
Energy and Commerce of the House of Representa-
tives and the Committee on Commerce, Science, and
827 
Transportation of the Senate, and publish on the 
website of the Office, a report containing the strat-
egy developed under this section. 
(2) UPDATE.—Not less than once every 4 years 
after the date on which the strategy is submitted 
under paragraph (1), the Assistant Secretary shall 
submit to Congress an update to such strategy. 
(3) FORM.—The report submitted under para-
graph (1), and any update submitted under para-
graph (2), shall be submitted in unclassified form 
and may include a classified annex. 
SEC. 20203. CRITICAL SUPPLY CHAIN MONITORING PRO-
GRAM. 
(a) ACTIVITIES.—The Assistant Secretary shall carry 
out the following activities: 
(1) In consultation with the coordination group 
established under subsection (c)— 
(A) map, monitor, and model supply 
chains, including by— 
(i) monitoring the financial and oper-
ational conditions of domestic manufactur-
ers and domestic enterprises; 
(ii) performing stress tests for critical 
industries, supply chains, domestic enter-
prises, and domestic manufacturers;
828 
(iii) monitoring the demand and sup-
ply of critical goods and services, industrial 
equipment, and manufacturing technology; 
and 
(iv) 
monitoring 
manufacturing, 
warehousing, transportation, and distribu-
tion; and 
(B) identify high priority supply chain 
gaps and vulnerabilities in critical industries 
and supply chains that— 
(i) exist as of the date of the enact-
ment of this section; or 
(ii) are anticipated in the future. 
(2) Identify and evaluate the following: 
(A) Supply chain shocks that may disrupt, 
strain, compromise, or eliminate a supply chain, 
including the effect on consumer prices, job 
losses, national security, or economic competi-
tiveness. 
(B) The manufacturing needs critical to 
the national security and economic security of 
the United States. 
(C) The diversity, security, reliability, and 
strength of—
829 
(i) supply chains, including single 
point of failure, single producer, or consoli-
dated manufacturing; and 
(ii) the sources of critical goods, in-
dustrial equipment, or manufacturing tech-
nology, including those obtained or pur-
chased from a person outside of the United 
States or imported into the United States. 
(D) The availability, capability, and capac-
ity of domestic manufacturers or manufacturers 
located in countries that are allies or key inter-
national partners to serve as a source of a crit-
ical good, industrial equipment, or manufac-
turing technology. 
(E) The effect on the economic security of 
the United States, including jobs and wages, 
that may result from the disruption, strain, 
compromise, or elimination of a supply chain. 
(F) The effect on the national security of 
the United States that may result from the dis-
ruption, strain, compromise, or elimination of a 
supply chain. 
(G) The state of the manufacturing work-
force, including—
830 
(i) the needs of domestic manufactur-
ers; and 
(ii) opportunities to create high-qual-
ity manufacturing jobs. 
(H) Investments in critical goods, indus-
trial equipment, or manufacturing technology 
from non-Federal sources. 
(3) In consultation with the coordination group 
established under subsection (c), States or political 
subdivisions thereof, and Tribal governments, and, 
as appropriate, in cooperation with the governments 
of countries that are allies or key international part-
ners of the United States, the following: 
(A) Identify opportunities to reduce supply 
chain gaps and vulnerabilities in critical indus-
tries and supply chains. 
(B) Encourage partnerships between the 
Federal Government and industry, labor organi-
zations, States and political subdivisions there-
of, and territorial and Tribal governments to 
better respond to supply chain shocks to critical 
industries and supply chains and coordinate re-
sponse efforts. 
(C) Encourage partnerships between the 
Federal Government and the governments of
831 
countries that are allies or key international 
partners of the United States. 
(D) Develop or identify opportunities to 
build the capacity of the United States in crit-
ical industries and supply chains. 
(E) Develop or identify opportunities to 
build the capacity of countries that are allies or 
key international partners of the United States 
in critical industries and supply chains. 
(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 of the United States to pro-
mote diversified and resilient supply chains that en-
sure the supply of critical goods, industrial equip-
ment, and manufacturing technology to the United 
States and companies of countries that are allies or 
key international partners of the United States. 
(5) Coordinate with other offices and divisions 
of the Department of Commerce and other Federal 
agencies to use authorities, as of the date of the en-
actment of this section, to encourage the resilience 
of supply chains of critical industries. 
(b) CONTINUOUS MONITORING.—The Assistant Sec-
retary, in consultation with the head of any relevant Fed-
832 
eral agency, including those with jurisdiction over supply 
chains, shall continuously monitor the resilience, diversity, 
security, and strength of supply chains. 
(c) COORDINATION GROUP.— 
(1) IN GENERAL.—In carrying out the applica-
ble activities under subsection (a), the Assistant Sec-
retary shall establish a unified coordination group 
led by the Assistant Secretary which shall include 
private sector partners, labor organizations, and, as 
appropriate, federally funded research and develop-
ment centers, to serve as a method for consultation 
between and among Federal agencies described 
under subsection (g) to plan for and respond to sup-
ply chain shocks and support the resilience, diver-
sity, security, and strength of supply chains. 
(2) IMPLEMENTATION.—In consultation with 
the unified coordination group established under 
paragraph (1), the Assistant Secretary shall do the 
following: 
(A) Acquire on a voluntary basis technical, 
engineering, and operational supply chain infor-
mation from the private sector in a manner 
that ensures any supply chain information pro-
vided by the private sector is kept confidential 
and is exempt from disclosure under section
833 
552(b)(3) of title 5, United States Code (com-
monly known as the ‘‘Freedom of Information 
Act’’). 
(B) Study the supply chain information ac-
quired under subparagraph (A) to— 
(i) identify supply chains; 
(ii) assess the resilience of supply 
chains; 
(iii) identify supply chains vulnerable 
to disruption, strain, compromise, or elimi-
nation; and 
(iv) inform planning. 
(C) Convene with relevant private sector 
entities to share best practices, planning, and 
capabilities to respond to potential supply chain 
shocks. 
(D) Develop contingency plans and coordi-
nation mechanisms to ensure an effective and 
coordinated response to potential supply chain 
shocks. 
(3) SUBGROUPS.—In carrying out the activities 
described in paragraph (2), the Assistant Secretary 
may establish subgroups of the unified coordination 
group established under paragraph (1) led by the 
head of an appropriate Federal agency.
834 
(4) INTERNATIONAL COOPERATION.—The Sec-
retary, in consultation with other relevant Federal 
agencies, may cooperate with governments of coun-
tries that are allies or key international partners of 
the United States relating to enhancing the security 
and resilience of supply chains in response to supply 
chain shocks. 
(d) DESIGNATIONS.—The Assistant Secretary shall— 
(1) not later than 270 days after the date of 
the enactment of this Act, designate— 
(A) critical industries; 
(B) supply chains; and 
(C) critical goods; 
(2) provide for a period of public comment and 
review in carrying out paragraph (1); and 
(3) update the designations made under para-
graph (1) not less frequently than once every four 
years. 
(e) QUADRENNIAL REPORT ON SUPPLY CHAIN RE-
SILIENCE AND DOMESTIC MANUFACTURING.— 
(1) IN GENERAL.—Not later than four years 
after the date on which the final Sectoral Supply 
Chain Assessments report on supply chains required 
under section 4(a) of Executive Order No. 14017 
(relating to America’s supply chains) is submitted,
835 
and not later than once every four 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 thereof, and territorial and 
Tribal governments, shall submit to the relevant 
committees of Congress and post on the website of 
the Assistant Secretary a report on supply chain re-
silience and domestic manufacturing (in this sub-
section referred to as the ‘‘report’’) to strengthen, 
improve, and preserve the resilience, diversity, secu-
rity, and strength of supply chains. 
(2) CONTENTS OF REPORT.—The report shall 
include the following: 
(A) An identification of— 
(i) the critical industries, supply 
chains, and critical goods designated under 
subsection (d); 
(ii) supplies that are critical to the 
crisis preparedness of the United States; 
(iii) substitutes for critical goods, in-
dustrial equipment, and manufacturing 
technology; 
(iv) the matters identified and evalu-
ated pursuant to subsection (a)(2); and
836 
(v) countries that are critical to ad-
dressing international and domestic supply 
chain weaknesses and vulnerabilities. 
(B) A description of— 
(i) the manufacturing base and supply 
chains in the United States, including the 
manufacturing base and supply chains 
for— 
(I) industrial equipment; 
(II) critical goods, including raw 
materials, semiconductors, and rare 
earth permanent magnets, that are es-
sential to the production of tech-
nologies and supplies for critical in-
dustries; and 
(III) manufacturing technology; 
and 
(ii) the ability of the United States 
to— 
(I) maintain readiness with re-
spect to preparing for and responding 
to supply chain shocks; and 
(II) in response to a supply chain 
shock—
837 
(aa) surge production in 
critical industries; 
(bb) surge production of 
critical 
goods 
and 
industrial 
equipment; and 
(cc) maintain access to crit-
ical goods, industrial equipment, 
and manufacturing technology. 
(C) An assessment and description of— 
(i) demand and supply of critical 
goods, industrial equipment, and manufac-
turing technology; 
(ii) production of critical goods, indus-
trial equipment, and manufacturing tech-
nology by domestic manufacturers; 
(iii) the capability and capacity of do-
mestic manufacturers and manufacturers 
in countries that are allies or key inter-
national partners of the United States to 
manufacture 
critical 
goods, 
industrial 
equipment, and manufacturing technology; 
and 
(iv) how supply chain shocks could af-
fect rural, Tribal, and underserved commu-
nities.
838 
(D) An identification of defense, intel-
ligence, homeland, economic, domestic labor 
supply, natural, geopolitical, or other contin-
gencies and other supply chain shocks that may 
disrupt, strain, compromise, or eliminate a sup-
ply chain. 
(E) An assessment of— 
(i) the resilience and capacity of the 
manufacturing base, supply chains, and 
workforce of the United States and allies 
and key international partners that can 
sustain critical industries through a supply 
chain shock; 
(ii) the flexible manufacturing capac-
ity and capabilities available in the United 
States in the case of a supply chain shock; 
and 
(iii) the effect innovation has on do-
mestic manufacturing. 
(F) Specific recommendations to improve 
the security and resilience of manufacturing ca-
pacity and supply chains through the following: 
(i) Developing long-term strategies.
839 
(ii) Increasing visibility into the net-
works and capabilities of suppliers and do-
mestic manufacturers. 
(iii) Identifying industry best prac-
tices. 
(iv) Evaluating how diverse supplier 
networks, multi-platform and multi-region 
production capabilities and sources, and in-
tegrated global and regional supply chains 
can— 
(I) enhance the resilience of crit-
ical industries and manufacturing ca-
pabilities in the United States; 
(II) support and create jobs in 
the United States; and 
(III) 
support 
access 
of 
the 
United States to critical goods during 
a supply chain shock. 
(v) Identifying and mitigating risks, 
including— 
(I) the financial and operational 
risks of a supply chain; 
(II) significant vulnerabilities to 
supply chain shocks and other emer-
gencies; and
840 
(III) 
exposure 
to 
gaps 
and 
vulnerabilities in— 
(aa) domestic capacity or ca-
pabilities; and 
(bb) 
sources 
of 
imports 
needed to sustain critical indus-
tries and supply chains. 
(vi) Identifying enterprise resource 
planning systems that are— 
(I) 
compatible 
across 
supply 
chain tiers; and 
(II) affordable for small and me-
dium-sized businesses. 
(vii) Understanding the total cost of 
ownership, total value contribution, and 
other best practices that encourage stra-
tegic 
partnerships 
throughout 
supply 
chains. 
(viii) Understanding Federal procure-
ment opportunities to increase resilience of 
supply chains and fill gaps in domestic 
purchasing of critical goods. 
(ix) Identifying policies that maximize 
job retention and creation in the United
841 
States, including workforce development 
programs. 
(x) Identifying opportunities to work 
with allies or key international partners of 
the United States to build more resilient 
critical industry supply chains and mitigate 
risks. 
(xi) Identifying areas requiring fur-
ther investment in research and develop-
ment or workforce education. 
(xii) Identifying such other services as 
the Assistant Secretary determines nec-
essary. 
(xiii) 
Identifying 
opportunities 
to 
reuse and recycle critical goods, including 
raw materials, to increase resilience of sup-
ply chains. 
(G) Guidance to the National Science 
Foundation and other relevant Federal agencies 
with respect to critical goods, industrial equip-
ment, and manufacturing technologies that 
should be prioritized. 
(H) With respect to countries that are al-
lies or key international partners of the United 
States—
842 
(i) a review of and, if appropriate, 
recommendations 
for 
expanding 
the 
sourcing of critical goods, industrial equip-
ment, and manufacturing technology asso-
ciated with critical industries from those 
countries; and 
(ii) a recommendation to coordinate 
with those countries on— 
(I) sourcing critical goods, indus-
trial equipment, and manufacturing 
technology; and 
(II) developing, sustaining, and 
expanding production and availability 
of supply chains, critical goods, indus-
trial equipment, and manufacturing 
technology during a supply chain 
shock. 
(I) Recommendations for strengthening the 
financial and operational health of small and 
medium-sized businesses in supply chains of the 
United States and countries that are allies or 
key international partners of the United States 
to mitigate risks and ensure diverse and com-
petitive supplier markets that are less vulner-
able to failure.
843 
(J) An assessment of policies, rules, and 
regulations that impact the operating costs of 
domestic manufacturers and inhibit the ability 
for domestic manufacturers to compete with 
global competitors. 
(K) Recommendations regarding freight 
and logistics necessary to support supply 
chains. 
(3) PROHIBITION.—The report may not in-
clude— 
(A) supply chain information that is not 
aggregated; or 
(B) confidential business information of a 
private sector entity. 
(4) COLLABORATION.—The head of any Fed-
eral agency with jurisdiction over any supply chain 
shall collaborate with the Assistant Secretary and 
provide any information, data, or assistance that the 
Assistant Secretary determines to be necessary for 
developing the report. 
(5) FORM.—The report, and any update sub-
mitted thereafter, shall be submitted in unclassified 
form and may include a classified annex.
844 
(6) PUBLIC
COMMENT.—The Assistant Sec-
retary shall provide for a period of public comment 
and review in developing the report. 
(f) REPORT TO CONGRESS.—Concurrent with the an-
nual submission by the Secretary of the budget under sec-
tion 1105 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. Such report shall be sub-
mitted in unclassified form and may include a classified 
annex. 
(g) COORDINATION.— 
(1) IN GENERAL.—In implementing the require-
ments under subsection (e), the Assistant Secretary 
shall, as appropriate coordinate with— 
(A) the heads of appropriate Federal agen-
cies, including— 
(i) the Secretary of State; and 
(ii) the United States Trade Rep-
resentative; and 
(B) the Attorney General and the Federal 
Trade Commission with respect to—
845 
(i) advice on the design and activities 
of the unified coordination group described 
in subsection (c)(1); and 
(ii) ensuring compliance with Federal 
antitrust law. 
(2) SPECIFIC COORDINATION.—In carrying out 
the requirements under this section, with respect to 
supply chains involving specific sectors, the Assist-
ant Secretary shall, as appropriate, coordinate 
with— 
(A) the Secretary of Defense; 
(B) the Secretary of Homeland Security; 
(C) the Secretary of the Treasury; 
(D) the Secretary of Energy; 
(E) the Secretary of Transportation; 
(F) the Secretary of Agriculture; 
(G) the Director of National Intelligence; 
(H) the Secretary of Health and Human 
Services; 
(I) the Small Business Administration; 
(J) the Secretary of Labor; and 
(K) the head of any other relevant Federal 
agency, as appropriate. 
(h) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to require any private entity—
846 
(1) to share information with the Secretary or 
Assistant Secretary; 
(2) to request assistance from the Secretary or 
Assistant Secretary; or 
(3) that requests assistance from the Secretary 
or Assistant Secretary to implement any measure or 
recommendation suggested by the Secretary or As-
sistant Secretary. 
(i) PROTECTIONS.— 
(1) IN
GENERAL.—Supply chain information 
that is voluntarily and lawfully submitted by a pri-
vate entity and accompanied by an express state-
ment described in paragraph (2) of this subsection— 
(A) shall be exempt from disclosure under 
section 552(b)(3) of title 5, United States Code; 
(B) shall not be made available by any 
Federal, State, local, or Tribal authority pursu-
ant to any Federal, State, local, or Tribal law 
requiring public disclosure of information or 
records; and 
(C) shall not, without the written consent 
of the person or entity submitting such infor-
mation, be used directly by the Assistant Sec-
retary, or any other Federal, State, or local au-
847 
thority in any civil enforcement action brought 
by a Federal, State, or local authority. 
(2) EXPRESS STATEMENT.—The express state-
ment described in this paragraph, with respect to in-
formation or records, is— 
(A) in the case of written information or 
records, a written marking on the information 
or records substantially similar to the following: 
‘‘This information is voluntarily submitted to 
the Federal Government in expectation of pro-
tection from disclosure as provided by the provi-
sions of section 20203(i) of the America COM-
PETES Act of 2022.’’; or 
(B) in the case of oral information, a writ-
ten statement similar to the statement de-
scribed in subparagraph (A) submitted within a 
reasonable period following the oral communica-
tion. 
(3) INAPPLICABILITY TO SEMICONDUCTOR IN-
CENTIVE PROGRAM.—This subsection shall not apply 
to the voluntary submission of supply chain informa-
tion by a private entity in an application for Federal 
financial assistance under section 9902 of the Wil-
liam M. (Mac) Thornberry National Defense Author-
848 
ization Act for Fiscal Year 2021 (Public Law 116– 
283). 
(j) NO EFFECT ON DISCOVERY.—Subject to sub-
section (i), nothing in this section, nor any rule, regula-
tion, or amendment shall be construed to create a defense 
to a discovery request, or otherwise limit or affect the dis-
covery of supply chain information from a private entity 
arising from a cause of action authorized under any under 
Federal, State, local, or Tribal law. 
(k) CONSISTENCY WITH INTERNATIONAL AGREE-
MENTS.—This section shall be applied in a manner con-
sistent with United States obligations under international 
agreements. 
(l) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Assistant Secretary 
$500,000,000 for fiscal years 2022 through 2027, to re-
main available until expended, to carry out this section, 
of which not more than 2 percent per fiscal year may be 
used for administrative costs. 
SEC. 20204. MANUFACTURING SECURITY AND RESILIENCE 
PROGRAM. 
(a) IN GENERAL.—The Assistant Secretary shall 
support the resilience, diversity, security, and strength of 
supply chains by providing grants, loans, and loan guaran-
tees for eligible activities to eligible entities.
849 
(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 Assist-
ant Secretary may require, including— 
(1) a description of the eligible activity to be 
carried out with the grant, loan, or loan guarantee; 
(2) a description of the supply chain supported 
by the eligible activity; 
(3) an estimate of the total costs of the eligible 
activity; and 
(4) in the case of an application submitted for 
an eligible activity described in subparagraph (B) or 
(C) of subsection (c)(2), a description of domestic 
manufacturing operations for the production of the 
critical good. 
(c) ELIGIBLE ACTIVITIES.— 
(1) ACTIVITIES IN THE UNITED STATES.—The 
following activities may be carried out with a grant, 
loan, or loan guarantee under this section: 
(A) The development, diversification, pres-
ervation, improvement, support, restoration, or 
expansion of supply chains and the domestic 
manufacturing of critical goods, industrial
850 
equipment, and manufacturing technology, in-
cluding activities that support any of the fol-
lowing: 
(i) The manufacturing of a critical 
good or industrial equipment in the United 
States. 
(ii) The commercialization, adoption, 
deployment, or use of manufacturing tech-
nology by domestic manufacturers in the 
United States. 
(iii) The design, engineering, con-
struction, expansion, improvement, repair, 
or maintenance of critical infrastructure or 
a manufacturing facility in the United 
States. 
(iv) The purchase, lease, acquisition, 
enhancement, or retooling of industrial 
equipment for use in the United States. 
(v) The purchase, lease, or other ac-
quisition of critical goods, industrial equip-
ment, or manufacturing technology from 
reliable sources. 
(vi) The relocation of manufacturing 
facilities or operations related to the pro-
851 
duction of a critical good out of a country 
of concern and into the United States. 
(vii) The modification of manufac-
turing facilities, industrial equipment, or 
operations related to the manufacture of 
critical goods to— 
(I) create new capabilities for an 
eligible entity to manufacture critical 
goods in the United States; 
(II) expand existing operations to 
increase the manufacture of critical 
goods in the United States; or 
(III) accommodate any manufac-
turing operations related to critical 
goods that are being relocated to the 
United States. 
(viii) The development of tools or 
processes that relate to procuring, trans-
porting, or storing critical goods. 
(B) The manufacture or acquisition of a 
substitute for a critical good, industrial equip-
ment, or manufacturing technology. 
(C) The establishment, improvement, de-
velopment, expansion, or preservation of surge 
capacity or stockpiling of a critical good or in-
852 
dustrial equipment, as appropriate and nec-
essary. 
(D) The establishment, improvement, or 
preservation of diverse, secure, reliable, and 
strong sources and locations of a critical good 
in the United States. 
(2) ACTIVITIES RELATING TO ALLIES AND KEY 
INTERNATIONAL
PARTNERS.—The following activi-
ties may be carried out with a loan or loan guar-
antee under this section: 
(A) The design, engineering, construction, 
expansion, improvement, repair, or maintenance 
of critical infrastructure or a manufacturing fa-
cility in an ally or key international partner. 
(B) The relocation of manufacturing facili-
ties or operations related 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 countries— 
(i) in the covered Western Hemi-
sphere countries; 
(ii) that are member states of the 
North 
Atlantic 
Treaty 
Organization 
(NATO);
853 
(iii) that are 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)); and 
(iv) 
identified 
under 
section 
20203(e)(2)(A)(v). 
(C) The modification of manufacturing fa-
cilities, industrial equipment, or operations re-
lated to the manufacture of critical goods to— 
(i) create new capabilities for an eligi-
ble entity to manufacture critical goods in 
an ally or key international partner; 
(ii) expand existing operations to in-
crease the manufacture of critical goods in 
an ally or key international partner; or 
(iii) accommodate any manufacturing 
operations related to critical goods that are 
being relocated to an ally or key inter-
national partner. 
(d) ELIGIBLE ENTITIES.—The following entities are 
eligible to receive grants, loans, and loan guarantees under 
this section: 
(1) A domestic manufacturer. 
(2) A domestic enterprise.
854 
(3) A State or a county, city, or other political 
subdivision of a State. 
(4) A Tribal government. 
(5) A manufacturing extension center estab-
lished as part of the Hollings Manufacturing Exten-
sion Partnership. 
(6) A Manufacturing USA institute as de-
scribed in section 34(d) of the National Institute of 
Standards and Technology Act (15 U.S.C. 278s(d)). 
(7) An institution of higher education acting as 
part of a consortium, partnership, or joint venture 
with another eligible entity described in paragraphs 
(1) through (6). 
(8) A public or private nonprofit organization 
or association acting as part of a consortium, part-
nership, or joint venture with another eligible entity 
described in paragraphs (1) through (6). 
(9) A consortium, partnership, or joint venture 
of two or more eligible entities described under para-
graphs (1) through (8). 
(e) REQUIREMENTS.—The Assistant Secretary may 
only provide a grant, loan, or loan guarantee to an eligible 
entity if the Assistant Secretary makes a determination 
of the following:
855 
(1) The grant, loan, or loan guarantee is for an 
eligible activity. 
(2) Without the grant, loan, or loan guarantee, 
the eligible entity would not be able to fund or fi-
nance the eligible activity under reasonable terms 
and conditions. 
(3) The grant, loan, or loan guarantee is a cost 
effective, expedient, and practical form of financial 
assistance for the eligible activity. 
(4) There is a reasonable assurance that— 
(A) the eligible entity will implement the 
eligible activity in accordance with the applica-
tion submitted under subsection (b); and 
(B) the eligible activity will support— 
(i) the resilience, diversity, security, or 
strength of a supply chain; and 
(ii) the national security or economic 
security of the United States. 
(5) The eligible entity agrees to provide the in-
formation required under subsection (m)(3). 
(6) For an eligible activity described in sub-
paragraph (B) or (C) of subsection (c)(2), relocation 
of a manufacturing facility or operations into the 
United States is uneconomical.
856 
(7) The eligible activity does not support the 
production of a critical good subject to an anti- 
dumping or countervailing duty order imposed by 
the United States. 
(f) CRITERIA.—The Assistant Secretary shall estab-
lish criteria for the awarding of grants, loans, and loan 
guarantees that meet the requirements of subsection (e), 
including the following: 
(1) The extent to which the eligible activity sup-
ports the resilience, diversity, security, and strength 
of a supply chain. 
(2) The extent to which the eligible activity is 
funded or financed by non-Federal sources. 
(3) The extent to which the grant, loan, or loan 
guarantee will assist small and medium-sized domes-
tic manufacturers. 
(4) The amount of appropriations that are re-
quired to fund or finance the grant, loan, or loan 
guarantee. 
(g) RELOCATION CONSIDERATION.—In making a de-
termination to provide a loan or loan guarantee to an eligi-
ble entity for an eligible activity described in subparagraph 
(B) or (C) of subsection (c)(2), the Assistant Secretary— 
(1) shall—
857 
(A) consult with the Secretary of State and 
the heads of other relevant Federal agencies, as 
appropriate; and 
(B) to the extent practicable, ensure no 
single ally or key international partner benefits 
from an outsized amount of Federal funding 
provided under this section; and 
(2) may take into considerations labor and envi-
ronmental standards of the ally or key international 
partner when considering the siting locations for the 
eligible activity. 
(h) RELOCATION LIMITATIONS.—As a condition of 
receiving a loan or loan guarantee for an eligible activity 
described under subparagraph (B) or (C) of subsection 
(c)(2), the Assistant Secretary shall prohibit an eligible 
entity from making capital or labor investments in the 
manufacturing facility or operation in the country of con-
cern for the duration of the grant, loan, or loan guarantee. 
(i) GRANT COST SHARE.— 
(1) IN
GENERAL.—The amount of a grant 
under this section may not exceed 80 percent of the 
reasonably anticipated costs of the eligible activity 
for which the grant is made. 
(2) WAIVER.—Upon providing written justifica-
tion for a determination made pursuant to this para-
858 
graph, which may be submitted with a classified 
annex to the Committee on Energy and Commerce 
of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the 
Senate, the Assistant Secretary may waive the cost 
share requirement of paragraph (1)— 
(A) during a period of national emergency 
declared by an Act of Congress or the Presi-
dent; and 
(B) upon making a determination that a 
grant is necessary to avert the disruption, 
strain, compromise, or elimination of a supply 
chain that would severely affect the national se-
curity or economic security of the United 
States. 
(3) USE OF OTHER FEDERAL ASSISTANCE.— 
Federal assistance other than a grant under this 
section may be used to satisfy the non-Federal share 
of the cost of the eligible activity. 
(j) LOANS AND LOAN GUARANTEES.— 
(1) IN
GENERAL.—The Assistant Secretary 
may enter into an agreement with an eligible entity 
to make a loan, the proceeds of which shall be used 
to finance an eligible activity.
859 
(2) MAXIMUM AMOUNT.—The amount of a loan 
under this section may not exceed 80 percent of the 
reasonably anticipated costs of the eligible activity 
for which the loan is made. 
(3) WAIVER.—Upon providing written justifica-
tion for a determination made pursuant to this para-
graph, which may be submitted with a classified 
annex to the Committee on Energy and Commerce 
of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the 
Senate, the Assistant Secretary may waive the re-
quirement of paragraph (2)— 
(A) during a period of national emergency 
declared by an Act of Congress or the Presi-
dent; or 
(B) upon making a determination that a 
loan is necessary to avert the disruption, strain, 
compromise, or elimination of a supply chain 
that would severely affect the national security 
or economic security of the United States. 
(4) LOAN GUARANTEES.— 
(A) IN
GENERAL.—The Assistant Sec-
retary may provide a loan guarantee to a lender 
in lieu of making a loan under this section.
860 
(B) TERMS.—The terms of a loan guar-
antee provided under this section shall be con-
sistent with the terms established in this sub-
section for a loan. 
(k) MANUFACTURING INVESTMENT COMPANIES.— 
(1) IN
GENERAL.—The Assistant Secretary 
may provide a loan or loan guarantee to a manufac-
turing investment company. 
(2) EQUITY CAPITAL.—A manufacturing invest-
ment company shall use the proceeds of a loan or 
loan guarantee provided under this subsection to 
provide a source of equity capital for eligible entities 
to carry out eligible activities. 
(3) APPLICATION.—The Assistant Secretary 
may not provide a loan or loan guarantee to a man-
ufacturing investment company unless the manufac-
turing 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 fol-
lowing: 
(A) A plan describing how the manufac-
turing investment company intends to provide 
equity capital to eligible entities to support the
861 
resilience, diversity, security, and strength of 
supply chains. 
(B) Information regarding the relevant 
qualifications and general reputation of the 
management of the manufacturing investment 
company. 
(C) A description of how the manufac-
turing investment company intends to address 
the unmet capital needs of eligible entities. 
(D) A description of whether and to what 
extent the manufacturing investment company 
meets the criteria established under paragraph 
(4). 
(E) For a manufacturing investment com-
pany seeking to provide equity capital for an el-
igible activity described in subparagraph (B) or 
(C) of subsection (c)(2), a description of domes-
tic manufacturing operations for the production 
of the critical good. 
(4) CRITERIA.—The Secretary shall establish 
criteria for the awarding of a loan or loan guarantee 
under this subsection to a manufacturing investment 
company, including the following: 
(A) The extent to which the equity capital 
to be provided under paragraph (2) will support
862 
the resilience, diversity, security, and strength 
of supply chains. 
(B) The extent to which the plan sub-
mitted under paragraph (3)(A) will be funded 
or financed by non-Federal sources. 
(C) The extent to which the manufacturing 
investment company will assist small and me-
dium-sized domestic manufacturers. 
(D) The amount of appropriations that are 
required to fund or finance the loan or loan 
guarantee. 
(5) REQUIREMENTS.—As a condition for pro-
viding a loan or loan guarantee under this sub-
section, the Assistant Secretary shall require a man-
ufacturing investment company to certify the fol-
lowing: 
(A) The equity capital is for an eligible ac-
tivity. 
(B) Without the equity capital, the eligible 
entity would not be able to fund or finance the 
eligible activity under reasonable terms and 
conditions. 
(C) The equity capital is a cost effective, 
expedient, and practical form of financial assist-
ance for the eligible activity.
863 
(D) There is a reasonable assurance 
that— 
(i) the eligible entity will implement 
the eligible activity; and 
(ii) the eligible activity will support— 
(I) the resilience, diversity, secu-
rity, or strength of a supply chain; 
and 
(II) the national security or eco-
nomic security of the United States. 
(E) The manufacturing investment com-
pany will provide the information required 
under paragraph (6)(C). 
(F) In the case of an eligible activity de-
scribed in subsection (c)(2) (B) or (C), reloca-
tion of a manufacturing facility or operations 
into the United States is uneconomical. 
(G) The eligible activity does not support 
the production of a critical good subject to an 
anti-dumping or countervailing duty order im-
posed by the United States. 
(6) PERFORMANCE MEASURES.—For loans and 
loan guarantees provided under this subsection, the 
Assistant Secretary shall—
864 
(A) develop metrics to assess the extent to 
which manufacturing investment companies 
meet the criteria established under paragraph 
(4); 
(B) assess the extent to which each manu-
facturing investment company awarded a loan 
or loan guarantee is meeting the criteria estab-
lished under paragraph (4); and 
(C) require the manufacturing investment 
company to provide to the Assistant Secretary 
any information relating to the loan or loan 
guarantee that the Assistant Secretary deter-
mines to be necessary to conduct the assess-
ment under subparagraph (B). 
(7) EQUITY
CAPS.—The Assistant Secretary 
may, as a condition of providing a loan or loan guar-
antee under this subsection, establish limits on— 
(A) the maximum amount of equity or 
quasi-equity securities, shares, or financial in-
terests a manufacturing investment company 
may purchase, make and fund commitments to 
purchase, invest in, make pledges in respect of, 
or otherwise acquire from an eligible entity; and 
(B) the maximum amount of assets a man-
ufacturing investment company may hold to be
865 
eligible for a loan or loan guarantee under this 
subsection. 
(8) CONDITIONS.—The Assistant Secretary may 
prescribe either specifically or by maximum limits or 
otherwise, rates of interest, guarantee and commit-
ment fees, and other charges which may be made in 
connection with equity capital made under this sub-
section. 
(9) RELOCATION CONSIDERATION.—In making 
a determination to provide a loan or loan guarantee 
to a manufacturing investment company for an eligi-
ble activity described under subparagraph (B) or (C) 
of subsection (c)(2), the Assistant Secretary may 
take into consideration labor and environmental 
standards of the ally or key international partner 
when considering the siting locations for the eligible 
activity. 
(10) RELOCATION LIMITATIONS.—As a condi-
tion of receiving a loan or loan guarantee from a 
manufacturing investment company for an eligible 
activity described under subparagraph (B) or (C) of 
subsection (c)(2), the manufacturing investment 
company shall prohibit an eligible entity from mak-
ing capital or labor investments in the manufac-
867 
(i) 
the 
manufacturing 
investment 
company to provide a source of equity cap-
ital for eligible entities; or 
(ii) the eligible entity to successfully 
achieve the goal of the eligible activity. 
(E) The financial soundness and credit his-
tory of the manufacturing investment company 
or eligible entity. 
(m) CONDITIONS.—The Assistant Secretary may pre-
scribe— 
(1) either specifically or by maximum limits or 
otherwise, rates of interest, guarantee and commit-
ment fees, and other charges which may be made in 
connection with a loan or loan guarantee made 
under this section; and 
(2) regulations governing the forms and proce-
dures (which shall be uniform to the extent prac-
ticable) to be used in connection with such loans and 
loan guarantees. 
(n) SELECTION OF RECIPIENTS.— 
(1) ABILITY TO MEET CRITERIA.—To the ex-
tent practicable, in awarding grants, loans, and loan 
guarantees under this section, the Assistant Sec-
retary shall— 
(A) select—
868 
(i) manufacturing investment compa-
nies that best meet the criteria established 
under subsection (k)(4); and 
(ii) eligible entities and eligible activi-
ties that best meet the criteria established 
under subsection (f); and 
(B) serve the greatest needs for a diverse 
array of critical industries. 
(2) PRIORITY.—In awarding grants, loans, and 
loan guarantees under this section, the Assistant 
Secretary shall prioritize— 
(A) eligible activities that— 
(i) are within the United States and 
employ citizens of the United States; and 
(ii) will result in the production of 
critical goods that relate to the strategic 
needs of the Federal Government in pre-
paring for and responding to supply chain 
shocks; 
(B) eligible entities that agree to coordi-
nate 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
869 
(C) small and medium sized manufactur-
ers. 
(o) PERFORMANCE MEASURES.—For grants, loans, 
and loan guarantees provided under this section to eligible 
entities, the Assistant Secretary shall— 
(1) develop metrics to assess the extent to 
which the criteria established under subsection (f) 
are met; 
(2) assess the extent to which the criteria estab-
lished under subsection (f) are met; and 
(3) require the eligible entity to provide to the 
Assistant Secretary any information that the Assist-
ant Secretary determines to be necessary to conduct 
the assessment under paragraph (2). 
(p) CONSTRUCTION PROJECTS.—The requirements 
of section 602 of the Public Works and Economic Develop-
ment Act of 1965 (42 U.S.C. 3212) shall apply to a con-
struction project that receives financial assistance from 
the Assistant Secretary under this section in the same 
manner as such requirements apply to a project assisted 
by the Secretary under such Act. 
(q) WORKFORCE PROTECTIONS.—Any eligible entity 
and manufacturing investment company applying for a 
grant, loan, or loan guarantee under this section, in any 
case in which the eligible entity has 100 or more employ-
870 
ees, shall make a good-faith certification to the Assistant 
Secretary that— 
(1) the eligible entity will not abrogate existing 
collective bargaining agreements, as applicable, for— 
(A) the term of the grant; or 
(B) the term of the loan or loan guarantee 
and 2 years after completing repayment of the 
loan; and 
(2) the eligible entity will remain neutral in any 
union organizing effort for the term of the grant, 
loan, or loan guarantee. 
(r) CONSISTENCY WITH INTERNATIONAL AGREE-
MENTS.—This section shall be applied in a manner con-
sistent with United States obligations under international 
agreements. 
(s) LIMITATION.—To the extent practicable, none of 
the funds made available to carry out this section may 
be used to support manufacturing in a country of concern. 
(t) REGULATIONS.—The Assistant Secretary may 
promulgate such regulations as the Assistant Secretary 
determines to be appropriate to carry out this section. 
(u) SUPPLY CHAINS FOR CRITICAL MANUFACTURING 
INDUSTRIES FUND.— 
(1) ESTABLISHMENT.—There is established in 
the Treasury of the United States a fund to be
871 
known as the ‘‘Supply Chains for Critical Manufac-
turing Industries Fund’’ (in this section referred to 
as the ‘‘Fund’’), which shall solely be used by the 
Assistant Secretary to carry out this section. 
(2) REVOLVING LOAN FUND.—The proceeds of 
any conditions prescribed under subsection (k)(1) 
shall be deposited into the Fund. 
(v) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to permit the proceeds of a grant, 
loan, loan guarantee, or equity investment to support ac-
tivities that offshore manufacturing capacity from the 
United States. 
(w) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There is authorized to be 
appropriated to the Fund $45,000,000,000 for fiscal 
years 2022 through 2027. Such amount is author-
ized to remain available until expended. 
(2) PURPOSES.—Of the amount authorized to 
be appropriated under paragraph (1), not more 
than— 
(A) $31,000,000,000 is authorized to be 
appropriated for loans and loan guarantees to 
eligible entities; 
(B) $10,000,000,000 is authorized to be 
appropriated for grants to eligible entities; and
872 
(C) $4,000,000,000 is authorized to be ap-
propriated for loans and loan guarantees to 
manufacturing investment companies. 
(3) ADMINISTRATIVE COSTS.—Of the amounts 
authorized to be appropriated under paragraph (2), 
up to 2 percent per fiscal year is authorized to be 
appropriated for administrative costs associated with 
carrying out this section. 
SEC. 20205. SUPPLY CHAIN INNOVATION AND BEST PRAC-
TICES. 
(a) IN GENERAL.—The Assistant Secretary, in con-
sultation with the Director of the National Institute of 
Standards and Technology, shall, on an ongoing basis, fa-
cilitate and support the development of a voluntary set of 
standards, guidelines, best practices, management strate-
gies, methodologies, procedures, and processes for domes-
tic manufacturers and entities manufacturing, purchasing, 
or using a critical good to— 
(1) measure the resilience, diversity, security, 
and strength of supply chains; 
(2) evaluate the value of the resilience, diver-
sity, security, and strength of supply chains; and 
(3) design organizational processes and incen-
tives to reduce the risks of disruption, strain, com-
promise, or elimination of a supply chain.
873 
(b) REQUIREMENTS.—In carrying out subsection (a), 
the Assistant Secretary shall do the following: 
(1) Coordinate closely and regularly with rel-
evant private sector personnel and entities, manufac-
turing extension centers established as part of the 
Hollings 
Manufacturing 
Extension 
Partnership, 
Manufacturing USA institutes as described in sec-
tion 34(d) of the National Institute of Standards 
and Technology Act (15 U.S.C. 278s(d)), and other 
relevant stakeholders and incorporate industry ex-
pertise. 
(2) Consult with the head of any relevant Fed-
eral agency, including those with jurisdiction over 
supply chains, States, local governments, Tribal gov-
ernments, the governments of other nations, and 
international organizations, as necessary. 
(3) Collaborate with private sector stakeholders 
to identify a prioritized, flexible, repeatable, per-
formance-based, and cost-effective approach that 
may be voluntarily adopted by domestic manufactur-
ers and entities purchasing or using a critical good 
to help them— 
(A) identify, assess, and manage risks to 
supply chains; and
874 
(B) value the resilience, diversity, security, 
and strength of their supply chain. 
(4) Facilitate the design of— 
(A) voluntary processes for selecting sup-
pliers that support the resilience, diversity, se-
curity, and strength of supply chains; and 
(B) methodologies to identify and mitigate 
the effects of a disruption, strain, compromise, 
or elimination of a supply chain. 
(5) Disseminate research and information to as-
sist domestic manufacturers redesign products, ex-
pand manufacturing capacity, and improve capabili-
ties to meet domestic needs for critical goods and 
supply chains. 
(6) Incorporate relevant voluntary standards 
and industry best practices. 
(7) Consider small business concerns. 
(8) Any other elements the Assistant Secretary 
determines to be necessary. 
(9) Leverage existing mechanisms for the Fed-
eral Government to provide supply chain solutions, 
including manufacturing technology, in collaboration 
with the Manufacturing USA institutes and Manu-
facturing Extension Partnerships described in para-
graph (1). The Manufacturing USA institutes and
875 
Manufacturing Extension Partnerships may provide 
products, tools, and workforce development solutions 
related to critical supply chain resiliency for United 
States manufacturers, with allocated resources spe-
cific to small and medium sized manufacturers. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Office $500,000,000 
for fiscal years 2022 through 2027, to remain available 
until expended, for the Assistant Secretary to carry out 
this section, of which not more than 2 percent per fiscal 
year may be used for administrative costs. 
SEC. 20206. PROGRAM EVALUATION BY THE INSPECTOR 
GENERAL OF THE DEPARTMENT OF COM-
MERCE. 
(a) PROGRAM EVALUATION.—Not later than 4 years 
after the date of the enactment of this Act, and every 4 
years thereafter, the Inspector General of the Department 
of Commerce shall conduct an audit of the Office to— 
(1) evaluate the performance of the activities 
supported by a grant, loan, or loan guarantee under 
section 20204; 
(2) evaluate the extent to which the require-
ments and criteria under this subtitle are met; and 
(3) provide recommendations on any proposed 
changes to improve the effectiveness of the Office on
876 
meeting 
the 
mission 
described 
under 
section 
20201(b). 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Inspector General of 
the Department of Commerce $5,000,000 for fiscal years 
2022 through 2027, to remain available until expended, 
to carry out subsection (a). 
SEC. 20207. SUPPLY CHAIN DATABASE AND TOOLKIT. 
(a) ESTABLISHMENT.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary of Commerce shall establish a database and 
online toolkit under which— 
(A) United States businesses may volun-
tarily submit to the Secretary information on— 
(i) the products produced by such 
businesses in the United States, which may 
be finished goods or inputs for other 
goods; 
(ii) the inputs required for such prod-
ucts, which may include, with respect to 
such an input— 
(I) the specific geographic loca-
tion of the production of the input, in-
cluding if the input is sourced from
877 
the United States or a foreign coun-
try; 
(II) the business name of a sup-
plier of the input; 
(III) information related to per-
ceived or realized challenges in secur-
ing the input; 
(IV) information related to the 
suspected vulnerabilities or implica-
tions of a disruption in securing the 
input, whether related to national se-
curity or the effect on the United 
States business; or 
(V) in the case of an input 
sourced from a foreign country, infor-
mation on— 
(aa) 
why 
the 
input 
is 
sourced from a foreign country 
rather than in the United States; 
and 
(bb) if the United States 
business would be interested in 
identifying an alternative pro-
duced in the United States;
878 
(B) United States businesses may request 
and receive contact information or general in-
formation about a United States source or a 
foreign source for an input; 
(C) United States businesses are able to 
specify— 
(i) what information can be shared 
with other United States businesses; 
(ii) what information should be shared 
only with the Department of Commerce; 
and 
(iii) what information could be sub-
mitted to Congress or made available to 
the public; and 
(D) the Secretary makes information pro-
vided under this paragraph available, subject to 
subparagraph (C), to enable other United 
States businesses to identify inputs for their 
products produced in the United States. 
(2) FORMAT; PUBLIC AVAILABILITY.—The Sec-
retary shall— 
(A) provide the database and online toolkit 
established under paragraph (1) on a publicly 
available website of the Department of Com-
merce; and
879 
(B) ensure that the database and online 
toolkit are— 
(i) searchable and filterable according 
to the type of information; and 
(ii) presented in a user-friendly for-
mat. 
(3) EXEMPTION FROM PUBLIC DISCLOSURE.— 
Information submitted to the Secretary in relation to 
the database and online toolkit established under 
paragraph (1)— 
(A) shall be exempt from disclosure under 
section 552(b)(3) of title 5, United States Code; 
and 
(B) shall not be made available by any 
Federal, State, political subdivision, or Tribal 
authority pursuant to any Federal, State, polit-
ical subdivision, or Tribal law requiring public 
disclosure of information or records. 
(4) REPORTING.— 
(A) REPORT
TO
CONGRESS.—Not later 
than 180 days after the date of the enactment 
of this Act, and every days thereafter, the Sec-
retary shall submit to Congress a report that 
includes—
880 
(i) an assessment of the effectiveness 
of the database and online toolkit estab-
lished under paragraph (1), including sta-
tistics regarding the number of new en-
tries, total businesses involved, and any 
change in participation rate during the 
preceding 180-day period; 
(ii) recommendations for additional 
actions to improve the database and online 
toolkit and participation in the database 
and online toolkit; and 
(iii) such other information as the 
Secretary considers appropriate. 
(B) PUBLIC REPORT.—Not later than one 
year after the date of the enactment of this Act, 
and annually thereafter, the Secretary shall 
post on a publicly available website of the De-
partment of Commerce a report that sets 
forth— 
(i) general statistics related to foreign 
and domestic sourcing of inputs used by 
United States businesses; 
(ii) an estimate of the percentage of 
total inputs used by United States busi-
nesses obtained from foreign countries;
881 
(iii) 
data 
on 
such 
inputs 
disaggregated by industry, geographical lo-
cation, and size of operation; and 
(iv) a description of the methodology 
used to calculate the statistics and esti-
mates required by this paragraph. 
(b) PUBLIC OUTREACH CAMPAIGN.— 
(1) IN
GENERAL.—The Secretary shall carry 
out a national public outreach campaign— 
(A) to educate United States businesses 
about the existence of the database and online 
toolkit established under subsection (a); and 
(B) to facilitate and encourage the partici-
pation of such businesses in the database and 
online toolkit. 
(2) OUTREACH
REQUIREMENT.—In carrying 
out the campaign under paragraph (1), the Sec-
retary shall— 
(A) establish an advertising and outreach 
program directed to businesses, industries, 
State and local agencies, chambers of com-
merce, and labor organizations— 
(i) to facilitate understanding of the 
value of an aggregated demand mapping 
system; and
882 
(ii) to advertise that the database and 
online toolkit established under subsection 
(a) are available for that purpose; 
(B) notify appropriate State agencies not 
later than 10 days after the date of the enact-
ment of this Act regarding the development of 
the database and online toolkit; and 
(C) post a notice on a publicly available 
website of the Department of Commerce and es-
tablish a social media awareness campaign to 
advertise the database and online toolkit. 
(3) COORDINATION.—In carrying out the cam-
paign under paragraph (1), the Secretary may co-
ordinate with other Federal agencies and State or 
local agencies as appropriate. 
(4) SEPARATE ACCOUNTING.— 
(A) BUDGETARY
LINE
ITEM.—The Sec-
retary shall include in the budget justification 
materials submitted to Congress in support of 
the Department of Commerce budget 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 identi-
fication, as a budgetary line item, of the
883 
amounts required to carry out the campaign 
under paragraph (1). 
(B) PROHIBITION
ON
COMMINGLING.— 
Amounts appropriated to carry out this sub-
section may not be commingled with any other 
amounts appropriated to the Department of 
Commerce. 
(c) USE
OF
DEPARTMENT
OF
COMMERCE
RE-
SOURCES.— 
(1) IN GENERAL.—The Secretary— 
(A) shall, to the maximum extent prac-
ticable, construct the database and online tool-
kit required by subsection (a), and related ana-
lytical features, using expertise within the De-
partment of Commerce; and 
(B) may, as appropriate, adopt new tech-
nologies and hire additional employees to carry 
out this section. 
(2) MINIMIZATION
OF
CONTRACTING.—If the 
activities described in subparagraphs (A) and (B) of 
paragraph (1) cannot be completed without the em-
ployment of contractors, the Secretary should seek 
to minimize the number of contractors and the scope 
of the contract.
884 
(d) TERMINATION.—This section shall terminate on 
September 30, 2025. 
SEC. 20208. AGRICULTURE AND FOOD SYSTEM SUPPLY 
CHAIN MONITORING AND ASSESSMENT. 
(a) ACTIVITIES.—Not later than 270 days after the 
date of the enactment of this Act, the Assistant Secretary, 
in consultation with the Secretary of Agriculture, shall 
identify and evaluate the stability and reliability of the ag-
riculture and food system supply chain, including— 
(1) the state of the agriculture and food system 
workforce and any supply chain vulnerabilities re-
lated to the agriculture and food system workforce; 
(2) transportation bottlenecks in the distribu-
tion of agricultural inputs, processed and unproc-
essed food and food input products, and consumer- 
ready food products; and 
(3) opportunities to create training and edu-
cation programs focused on high-quality jobs in the 
agriculture and food system that— 
(A) increase the stability of the agriculture 
and food system; and 
(B) alleviate supply chain bottlenecks in 
the distribution of agricultural inputs, proc-
essed and unprocessed food and food input 
products, and consumer-ready food products.
885 
(b) REPORT TO CONGRESS.—In carrying out sub-
section (a), the Assistant Secretary shall submit to the 
Committee on Energy and Commerce and the Committee 
on Agriculture of the House of Representatives and the 
Committee on Commerce, Science, and Transportation 
and the Committee on Agriculture, Nutrition, and For-
estry of the Senate a report that contains the following: 
(1) An identification of the strengths, weak-
nesses, critical bottlenecks, workforce challenges and 
opportunities, and overall stability and reliability of 
the agriculture and food system supply chain. 
(2) An assessment of Federal, State, and local 
laws and regulations that— 
(A) increase the stability and reliability of 
the agriculture and food system supply chain; 
or 
(B) decrease or otherwise negatively im-
pact, both in the present moment and in the fu-
ture, the stability and reliability of the agri-
culture and food system supply chain. 
(3) Specific recommendations to improve the se-
curity, safety, and resilience of the agriculture and 
food system supply chain. The recommendations 
shall contain— 
(A) long-term strategies;
886 
(B) industry best practices; 
(C) risk mitigation actions to prevent fu-
ture bottlenecks and vulnerabilities at all levels 
of the agriculture and food system supply chain; 
and 
(D) legislative and regulatory actions that 
would positively impact the security and resil-
ience of the agriculture and food system supply 
chain. 
SEC. 20209. DEFINITIONS. 
In this subtitle: 
(1) ALLY OR KEY INTERNATIONAL PARTNER.— 
The term ‘‘ally or key international partner’’ does 
not include— 
(A) a country that poses a significant na-
tional security or economic security risk to the 
United States; or 
(B) a country of concern. 
(2) ASSISTANT SECRETARY.—The term ‘‘Assist-
ant Secretary’’ means the Assistant Secretary of 
Manufacturing Security and Resilience appointed 
pursuant to section 20201(c). 
(3) COUNTRY OF CONCERN.—The term ‘‘coun-
try of concern’’ means a country in which a con-
centrated supply chain is located and—
887 
(A) that poses a significant national secu-
rity or economic security threat to the United 
States; 
(B) is a covered nation (as defined under 
section 2533c(d) of title 10, United States 
Code); or 
(C) whose government, or elements of such 
government, has proven to have, or has been 
credibly alleged to have, committed crimes 
against humanity or genocide. 
(4) COVERED
WESTERN
HEMISPHERE
COUN-
TRIES.—The term ‘‘covered Western Hemisphere 
countries’’ means the following countries: Anguilla, 
Antigua and Barbuda, Argentina, Aruba, The Baha-
mas, Barbados, Belize, Bermuda, Bolivia, Brazil, the 
British Virgin Islands, Canada, Chile, Colombia, 
Costa Rica, Dominica, Dominican Republic, Ecua-
dor, El Salvador, Grenada, Guatemala, Guyana, 
Haiti, Honduras, Jamaica, Mexico, Montserrat, 
Netherlands Antilles, Panama, Paraguay, Peru, 
Saint Kitts and Nevis, Saint Lucia, Saint Vincent 
and the Grenadines, Suriname, Trinidad and To-
bago, Turks and Caicos Islands, Uruguay, and the 
sovereign government recognized by the United 
States in Venezuela.
888 
(5) CRITICAL GOOD.—The term ‘‘critical good’’ 
means any raw, in process, or manufactured mate-
rial (including any mineral, metal, or advanced proc-
essed material), article, commodity, supply, product, 
or item of supply the absence of which would have 
a significant effect on— 
(A) the national security or economic secu-
rity of the United States; and 
(B) critical infrastructure. 
(6) CRITICAL
INDUSTRY.—The term ‘‘critical 
industry’’ means an industry that is critical for the 
national security or economic security of the United 
States, considering key technology focus areas and 
critical infrastructure. 
(7) CRITICAL
INFRASTRUCTURE.—The term 
‘‘critical infrastructure’’ has the meaning given to 
that term in the Critical Infrastructures Protection 
Act of 2001 (42 U.S.C. 5195c). 
(8) DOMESTIC
ENTERPRISE.—The term ‘‘do-
mestic enterprise’’ means an enterprise that con-
ducts business in the United States and procures a 
critical good. 
(9) DOMESTIC
MANUFACTURER.—The term 
‘‘domestic manufacturer’’ means a business that—
889 
(A) conducts in the United States the re-
search and development, engineering, or pro-
duction activities necessary or incidental to 
manufacturing; or 
(B) if provided a grant, loan, loan guar-
antee, or equity investment under section 
20204, will conduct in the United States the re-
search and development, engineering, or pro-
duction activities necessary or incidental to 
manufacturing. 
(10) ECONOMICALLY DISTRESSED AREA.—The 
term ‘‘economically distressed area’’ means an area 
that meets 1 or more of the requirements described 
in section 301(a) of the Public Works and Economic 
Development Act of 1965 (42 U.S.C. 3161(a)). 
(11) ELIGIBLE ACTIVITY.—The term ‘‘eligible 
activity’’ means an activity described under section 
20204(c). 
(12) ELIGIBLE ENTITY.—The term ‘‘eligible en-
tity’’ means an entity described under section 
20204(d). 
(13) FEDERAL
AGENCY.—The term ‘‘Federal 
agency’’ has the meaning given the term ‘‘agency’’ 
in section 551 of title 5, United States Code.
890 
(14) INDUSTRIAL EQUIPMENT.—The term ‘‘in-
dustrial equipment’’ means any component, sub-
system, system, equipment, tooling, accessory, part, 
or assembly necessary for the manufacturing of a 
critical good. 
(15) INSTITUTION OF HIGHER EDUCATION.— 
The term ‘‘institution of higher education’’ has the 
meaning given that term under section 101(a) of the 
Higher Education Act of 1965 (20 U.S.C. 1001(a)). 
(16) KEY
TECHNOLOGY
FOCUS
AREAS.—The 
term ‘‘key technology focus areas’’ means the fol-
lowing: 
(A) Artificial intelligence, machine learn-
ing, autonomy, and related advances. 
(B) High performance computing, semi-
conductors, and advanced computer hardware 
and software. 
(C) Quantum information science and 
technology. 
(D) Robotics, automation, and advanced 
manufacturing. 
(E) Natural and anthropogenic disaster 
prevention or mitigation.
891 
(F) Advanced communications technology 
(including optical transmission components) 
and immersive technology. 
(G) Advanced communications technology 
(including optical transmission components) 
and educational technology. 
(H) Biotechnology, medical technology, 
genomics, and synthetic biology. 
(I) Data storage, data management, dis-
tributed ledger technologies, and cybersecurity, 
including biometrics. 
(J) Advanced energy and industrial effi-
cacy 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)). 
(K) Advanced materials science, including 
composites and 2D materials and equipment, 
aerospace grade metals, and aerospace specific 
manufacturing enabling chemicals. 
(17) LABOR ORGANIZATION.—The term ‘‘labor 
organization’’ has the meaning given the term in 
section 2(5) of the National Labor Relations Act (29
892 
U.S.C. 152(5)), except that such term shall also in-
clude— 
(A) any organization composed of labor or-
ganizations, such as a labor union federation or 
a State or municipal labor body; and 
(B) any organization which would be in-
cluded in the definition for such term under 
such section 2(5) but for the fact that the orga-
nization represents— 
(i) individuals employed by the United 
States, any wholly owned Government cor-
poration, any Federal Reserve Bank, or 
any State or political subdivision thereof; 
(ii) individuals employed by persons 
subject to the Railway Labor Act (45 
U.S.C. 151 et seq.); or 
(iii) individuals employed as agricul-
tural laborers. 
(18) LENDER.—The term ‘‘lender’’ means any 
non-Federal qualified institutional buyer (as defined 
in section 230.144A(a) of title 17, Code of Federal 
Regulations or a successor regulation). 
(19) LOAN.—The term ‘‘loan’’ means a direct 
loan or other debt obligation issued by an eligible en-
tity or a manufacturing investment company and
893 
funded by the Assistant Secretary in connection with 
the financing of an eligible activity under section 
20204. 
(20) LOAN GUARANTEE.—The term ‘‘loan guar-
antee’’ means any guarantee or other pledge by the 
Assistant Secretary under section 20204 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. 
(21) MANUFACTURE.—The term ‘‘manufac-
ture’’ means any activity that is necessary for or in-
cidental 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. 
(22) 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. 
(23) 
MANUFACTURING
INVESTMENT
COM-
PANY.—The term ‘‘manufacturing investment com-
pany’’ means an incorporated body, a limited liabil-
894 
ity company, or a limited partnership, including a 
consortium of public and private entities, organized 
and chartered or otherwise existing under State law. 
(24) 
MANUFACTURING
TECHNOLOGY.—The 
term ‘‘manufacturing technology’’ means tech-
nologies that are necessary or incidental to the man-
ufacturing of a critical good. 
(25) NONPROFIT
ORGANIZATION.—The term 
‘‘nonprofit organization’’ means an organization that 
is described in section 501(c)(3) of the Internal Rev-
enue Code of 1986 and exempt from taxation under 
section 501(a) of such Code. 
(26) OFFICE.—The term ‘‘Office’’ means the 
Office of Manufacturing Security and Resilience es-
tablished under section 20201. 
(27) OFFSHORE.—The term ‘‘offshore’’ means 
the transfer or relocation of manufacturing capacity 
that is occurring or otherwise would occur in the 
United States to another country. 
(28) RELEVANT COMMITTEES OF CONGRESS.— 
The term ‘‘relevant committees of Congress’’ means 
the following: 
(A) The Committee on Commerce, Science, 
and Transportation of the Senate.
895 
(B) The Committee on Appropriations of 
the Senate. 
(C) The Committee on Finance of the Sen-
ate. 
(D) The Committee on Homeland Security 
and Governmental Affairs of the Senate. 
(E) The Committee on Armed Services of 
the Senate. 
(F) The Committee on Energy and Nat-
ural Resources of the Senate. 
(G) The Select Committee on Intelligence 
of the Senate. 
(H) The Committee on Science, Space, and 
Technology of the House of Representatives. 
(I) The Committee on Energy and Com-
merce of the House of Representatives. 
(J) The Committee on Appropriations of 
the House of Representatives. 
(K) The Committee on Ways and Means of 
the House of Representatives. 
(L) The Committee on Homeland Security 
of the House of Representatives. 
(M) The Committee on Armed Services of 
the House of Representatives.
896 
(N) The Permanent Select Committee on 
Intelligence of the House of Representatives. 
(O) The Committee on Agriculture of the 
House of Representatives. 
(P) The Committee on Agriculture, Nutri-
tion, and Forestry of the Senate. 
(29) RESILIENT
SUPPLY
CHAIN.—The term 
‘‘resilient supply chain’’ means a supply chain 
that— 
(A) ensures that the United States can 
sustain critical industry production, supply 
chains, services, and access to critical goods, in-
dustrial equipment, and manufacturing tech-
nology during supply chain shocks; and 
(B) has key components of resilience that 
include— 
(i) effective private sector risk man-
agement and mitigation planning to sus-
tain supply chains and supplier networks 
during a supply chain shock; 
(ii) minimized or managed exposure to 
supply chain shocks; and 
(iii) the financial and operational ca-
pacity to—
897 
(I) sustain supply chains during 
supply chain shocks; and 
(II) recover from supply chain 
shocks. 
(30) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Commerce. 
(31) SMALL
BUSINESS
CONCERN.—The term 
‘‘small business concern’’ has the meaning given 
that term in section 3(a) of the Small Business Act 
(15 U.S.C. 632(a)). 
(32) 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, Puerto Rico, the Virgin 
Islands of the United States, and any other territory 
of the United States. 
(33) SUPPLY CHAIN.—The term ‘‘supply chain’’ 
means a supply chain for a critical good. 
(34) SUPPLY CHAIN INFORMATION.—The term 
‘‘supply chain information’’ means information that 
is not customarily in the public domain and relating 
to— 
(A) sustaining and adapting supply chains 
during a supply chain shock;
898 
(B) supply chain risk mitigation and recov-
ery planning with respect to a supply chain 
shock, including any planned or past assess-
ment, projection, or estimate of a vulnerability 
within the supply chain, including testing, sup-
plier network assessments, production flexi-
bility, risk evaluations thereto, risk manage-
ment planning, or risk audits; or 
(C) operational best practices, planning, 
and supplier partnerships that enable enhanced 
resilience of supply chains during a supply 
chain shock, including response, repair, recov-
ery, reconstruction, insurance, or continuity. 
(35) SUPPLY CHAIN SHOCK.—The term ‘‘supply 
chain shock’’ includes the following: 
(A) A natural disaster or extreme weather 
event. 
(B) An accidental or human-caused event. 
(C) An economic disruption. 
(D) A pandemic. 
(E) A biological threat. 
(F) A cyber attack. 
(G) A great power conflict. 
(H) A terrorist or geopolitical attack.
899 
(I) A public health emergency declared by 
the Secretary of Health and Human Services 
pursuant to section 319 of the Public Health 
Service Act (42 U.S.C. 247d). 
(J) An event for which the President de-
clares a major disaster or an emergency under 
section 401 or 501, respectively, of the Robert 
T. Stafford Disaster Relief and Emergency As-
sistance Act (42 U.S.C. 5170 and 5191). 
(K) A national emergency declared by the 
President under the National Emergencies Act 
(50 U.S.C. 1601 et seq.). 
(L) Any other supply chain disruption or 
threat that affects the national security or eco-
nomic security of the United States. 
(36) TRIBAL GOVERNMENT.—The term ‘‘Tribal 
government’’ means the governing body of a feder-
ally recognized Indian Tribe, an Alaska Native tribal 
entity, or a Native Hawaiian community. 
SEC. 20210. DEPARTMENTS OF COMMERCE AND TRANSPOR-
TATION SUPPLY CHAIN REPORT. 
Not later than 30 days after the date of the enact-
ment of this Act, the Secretary of Commerce, in consulta-
tion with the Secretary of Transportation, shall publish
900 
and submit to Congress a report on the following, related 
to supply chains in the United States: 
(1) Points of congestion or blockages. 
(2) Underlying causes of supply chain disrup-
tions, shortages, and delays. 
(3) Other supply chain shortcomings which, 
with public or private investment, could be remedied 
to result in more efficient movement of goods into 
and within the United States. 
SEC. 20211. SUPPLY CHAIN REPORT REQUIRED. 
Not later than 60 days after the date of the enact-
ment of this Act, the Secretary shall conduct a govern-
mentwide study and submit to Congress a report on the 
steps that can be implemented within 30 days after sub-
mitting the report to immediately address the supply chain 
crisis. 
SEC. 20212. NATIONAL COMMISSION ON CRITICAL SUPPLY 
CHAINS. 
(a) ESTABLISHMENT.—Congress shall establish a 
National Commission on Critical Supply Chains (referred 
to in this section as the ‘‘Commission’’). 
(b) PURPOSES.—The purposes of the Commission 
shall be to— 
(1) convene an independent entity that brings 
together national experts in a highly visible forum to
901 
conduct a systematic study and give guidance to 
Congress on the complex and strategically important 
issues related to rebuilding critical American supply 
chains; 
(2) identify the critical supply chains in which 
the United States is dependent on materials, prod-
ucts, equipment, or services from foreign countries 
and in which substantial harm would come to U.S. 
economic security, national defense, or way of life if 
those supply chains were compromised or no longer 
available; 
(3) investigate in depth and report on existing 
dependencies, limitations, and risks to the United 
States for each of these critical supply chains, in-
cluding considerations for medical supplies, equip-
ment, and medications; rare earth materials; preci-
sion-integrated circuits and microchips; machine 
tools and production equipment; defense components 
and homeland security capabilities; scientific equip-
ment needed for advanced technology research and 
development; clothing and textiles; and food and ag-
ricultural products; 
(4) assess and provide guidance on key ques-
tions, including—
902 
(A) which driving forces are pushing U.S. 
companies to offshore their procurement or 
their manufacturing operations; 
(B) how the United States can predict and 
prevent future supply chain disruptions; 
(C) what the United States can do to re-
duce future vulnerabilities and risks; 
(D) whether the United States can make 
the American supply chain resilient enough to 
protect necessary capabilities and resources; 
(E) which manufacturing activities should 
be performed strictly within the United States 
to ensure economic and national security; 
(F) what actions should be taken by the 
United States to increase domestic manufac-
turing to meet critical supply chain needs and 
improve its terms of trade; and 
(G) what would be the effects of a new na-
tional manufacturing strategy on employment, 
growth, innovation, and national security; and 
(5) develop and propose specific recommenda-
tions, submit a biannual comprehensive report (and 
intermediate updates as necessary to maintain time-
ly and relevant information), and provide Congres-
sional oversight to Congress to be used as a resource
903 
for legislative actions to mitigate the risks of future 
American supply chain disruptions. 
(c) MEMBERSHIP.— 
(1) MEMBERS.—The Commission shall be com-
posed of 12 members, of whom— 
(A) three members shall be appointed by 
the Speaker of the House of Representatives, in 
consultation with the chairpersons of relevant 
committees, including the Committee on Ways 
and Means, Committee on Energy and Com-
merce, Committee on Science, Space, and Tech-
nology, Committee on Transportation and In-
frastructure, Committee on Armed Services, 
Committee on Natural Resources, Committee 
on Small Business, Committee on Homeland 
Security, and Committee on Agriculture of the 
House of Representatives; 
(B) three members shall be appointed by 
the minority leader of the House of Representa-
tives, in consultation with the ranking minority 
Members of relevant committees, including the 
Committees described in subparagraph (A); 
(C) three members shall be appointed by 
the President pro tempore of the Senate upon 
the recommendation of the majority leader of
904 
the Senate, in consultation with the chair-
persons of relevant committees, including the 
Committee on Finance, Committee on Com-
merce, Science, and Technology, Committee on 
Armed Services, Committee on Energy and 
Natural Resources, Committee on Small Busi-
ness and Entrepreneurship, Committee on 
Homeland Security and Governmental Affairs, 
Committee on Environment and Public Works, 
and Committee on Agriculture, Nutrition, and 
Forestry of the Senate; and 
(D) three members shall be appointed by 
the President pro tempore of the Senate upon 
the recommendation of the minority leader of 
the Senate, in consultation with the ranking mi-
nority Members of relevant committees, includ-
ing the Committees described in subparagraph 
(C). 
(2) CHAIR; VICE CHAIR.— 
(A) APPOINTMENT.—Not later than 30 
days after the initial meeting of the Commis-
sion, the Commission shall elect a Chair and 
Vice Chair from among the Commission’s mem-
bers by a simple majority vote, and such Chair 
and Vice Chair shall be members of the Com-
905 
mission who were appointed by appointing au-
thorities from different political parties under 
paragraph (1). 
(B) PRESENCE.—For purposes of appoint-
ing the Chair, all 12 members must be present. 
If all 12 members are not present, appointment 
of the chair shall be delayed until the next 
meeting of the Commission at which all 12 
members are present. 
(C) TIMING.—If a quorum is not present 
at that initial meeting, the Chair shall be ap-
pointed at the first meeting after that at which 
a quorum is present. If a Vice Chair is elected 
before the Chair and no Chair is elected, the 
Vice Chair shall serve as acting Chair until the 
Chair is elected. 
(D) NEW CHAIR AND VICE CHAIR EACH 
CONGRESS.—A new Chair and Vice Chair shall 
be elected with respect to each Congress. Any 
member that was a Chair or Vice Chair in a 
Congress may not be elected to be a Chair or 
Vice Chair in a subsequent Congress. 
(3) QUALIFICATIONS.— 
(A) AREAS OF EXPERTISE.—
906 
(i) IN GENERAL.—Each individual ap-
pointed to the Commission shall have sub-
stantial expertise in one or more of the fol-
lowing areas: 
(I) Supply chain expertise, in-
cluding the following: 
(aa) 
Advanced 
manufac-
turing, with a focus on distrib-
uted operations and supply chain 
management. 
(bb) 
Economics 
of 
U.S. 
manufacturing. 
(cc) Supply chain logistics. 
(dd) Supplier certification 
and quality assurance processes. 
(ee) Raw materials sourcing 
and distribution. 
(ff) Metrics used by Original 
Equipment Manufacturer pur-
chasing managers and chief fi-
nancial officers to make pur-
chasing decisions. 
(II) Critical domain expertise, in-
cluding the following:
907 
(aa) Health care, medical 
device, and pharmaceutical man-
ufacturing. 
(bb) Mining, supply, and 
usage of rare earth materials. 
(cc) Precision-integrated cir-
cuits, microchips, and semicon-
ductor manufacturing. 
(dd) 
Defense 
component 
manufacturing and homeland se-
curity products. 
(ee) Advanced machine tools 
and production equipment. 
(ff) Scientific equipment for 
high-precision research and devel-
opment. 
(gg) Clothing and textiles 
manufacturing. 
(hh) Food production and 
agricultural products manufac-
turing. 
(III) Industrial policy expertise, 
including knowledge of industrial or-
ganization, development economics, 
and policy tools that have been used
908 
by the United States and other devel-
oping or industrial economies in the 
world. 
(ii) COMPOSITION.—The composition 
of the members of the Commission shall 
ensure the Commission has substantial ex-
pertise in all areas described in clause (i). 
(B) NONGOVERNMENT
APPOINTEES.—An 
individual appointed to the Commission may 
not be an officer or employee of the Federal 
Government. 
(4) APPOINTMENT REQUIREMENTS.— 
(A) INITIAL APPOINTMENTS.—Members of 
the Commission shall be appointed not later 
than 45 days after the date of the enactment of 
this Act. 
(B) TERM OF APPOINTMENTS.—The term 
of each member of the Commission shall expire 
on December 31 of the second session of the 
Congress in which the member is appointed to 
the Commission. 
(C) APPOINTMENTS
WITH
EACH
CON-
GRESS.—Appointments 
to 
the 
Commission 
made after the initial appointments to the Com-
mission under subparagraph (A) shall be made
909 
not later than 30 days after the date on which 
each Congress convenes. 
(D) RENEWAL
OF
APPOINTMENTS.—A 
member of the Commission may be reappointed 
for additional terms of service upon mutual 
agreement between such member and the ap-
pointing authority that appointed such member 
to the Commission. 
(E) VACANCIES.—A vacancy in the Com-
mission shall not affect the powers of the Com-
mission and shall be filled by the same appoint-
ing authority that made the original appoint-
ment. Any member appointed to fill a vacancy 
occurring before the expiration of the term for 
which the member’s predecessor was appointed 
shall be appointed only for the remainder of 
that term. A member may serve after the expi-
ration of that member’s term until a successor 
has taken office. A vacancy in the Commission 
shall be filled in the manner in which the origi-
nal appointment was made by not later than 30 
days after the date such vacancy occurs. 
(F) REMOVAL.—A member of the Commis-
sion may be removed from the Commission at 
any time by the appointing authority that ap-
910 
pointed such member to the Commission should 
the member fail to meet Commission respon-
sibilities. 
(5) COMPENSATION; TRAVEL EXPENSES.—Each 
member of the Commission may be compensated at 
a rate not to exceed the daily equivalent of the an-
nual rate of basic pay in effect for a position at level 
IV of the Executive Schedule under section 5315 of 
title 5, United States Code, for each day during 
which the member is engaged in the actual perform-
ance of the duties of the Commission. Travel ex-
penses of members of the Commission shall be al-
lowed at rates authorized for employees of agencies 
under subchapter I of chapter 57 of title 5, United 
States Code, except that foreign travel for official 
purposes by members of the Commission is not au-
thorized. 
(d) MEETING REQUIREMENTS.— 
(1) INITIAL MEETING.—The Commission shall 
convene for an initial meeting not later than 45 days 
after the initial members of the Commission are all 
appointed. An initial meeting may be convened so 
long as at least 10 members are present. 
(2) SUBSEQUENT MEETINGS.—After the initial 
meeting under paragraph (1), the Commission shall
911 
meet upon the call of the Chair or as determined by 
a majority of Commission members. 
(3) EXPECTATIONS FOR ATTENDANCE BY MEM-
BERS.—Members are expected to attend all Commis-
sion meetings. In the case of an absence, members 
are expected to report to the Chair prior to the 
meeting and allowance may be made for an absent 
member to participate remotely. Members will still 
be responsible for fulfilling prior commitments, re-
gardless of attendance status. If a member is absent 
from multiple meetings, the member may be re-
viewed by the Chair and appointing authority that 
appointed such member to the Commission and fur-
ther action will be considered, including removal and 
replacement on the Commission. 
(4) QUORUM.—A majority of the members of 
the Commission shall constitute a quorum. 
(5) VOTING.—Each member of the Commission 
shall be entitled to one vote, which shall be equal to 
the vote of every other member of the Commission. 
(6) MEETING NOTES.—Meetings notes shall be 
made available to the congressional committees of 
jurisdiction. 
(e) SUBCOMMITTEES AND WORKING GROUPS.—The 
Commission may choose, at the discretion of the Chair and
912 
Vice Chair, to establish subcommittees and working 
groups for any purpose consistent with the duties of the 
Commission. Any findings, conclusions, or recommenda-
tions made by a subcommittee or working group shall be 
considered by the full Commission, which shall be respon-
sible for determining any final findings, conclusions, and 
recommendations. Each such subcommittee or working 
group shall operate only for the Congressional Session 
with respect to which such subcommittee or group was es-
tablished. 
(f) ADMINISTRATION
AND POWERS
OF COMMIS-
SION.— 
(1) HEARINGS.—The Commission may, for the 
purpose of carrying out this Act— 
(A) hold such hearings, sit and act at such 
times and places, take such testimony, receive 
such evidence, and administer such oaths as the 
Commission considers appropriate; and 
(B) subject to paragraph (2), require the 
attendance and testimony of witnesses and the 
production of books, records, correspondence, 
memoranda, papers, and documents. 
(2) OBTAINING OFFICIAL DATA.— 
(A) IN GENERAL.—The Commission may 
secure directly from any executive department,
913 
bureau, agency, board, commission, office, inde-
pendent establishment, or other instrumentality 
of the Federal Government or a State, local, 
Tribal, or territorial government any informa-
tion, suggestions, estimates, and statistics to 
enable the Commission to carry out this Act. 
Each such department, bureau, agency, board, 
commission, office, independent establishment, 
or instrumentality shall, to the extent author-
ized by law, furnish such information, sugges-
tions, estimates, and statistics directly to the 
Commission, upon request of the Chair of the 
Commission and the Vice Chair of the Commis-
sion or any member designated by a majority of 
the Commission. 
(B) RECEIPT, HANDLING, STORAGE, AND 
DISSEMINATION.—Any 
information, 
sugges-
tions, estimates, and statistics submitted under 
subparagraph (A) shall only be received, han-
dled, stored, and disseminated by members of 
the Commission and its staff, consistent with 
applicable Federal law. 
(3) PUBLIC HEARINGS AND MEETINGS.—
914 
(A) IN GENERAL.—The Commission shall 
hold public hearings and meetings as deter-
mined appropriate by the Commission. 
(B) PROTECTION
OF
CERTAIN
INFORMA-
TION.—Any public hearings and meetings of the 
Commission shall be conducted in a manner 
consistent with applicable Federal law regard-
ing the protection of data submitted to the 
Commission under paragraph (3). 
(4) PERSONNEL.— 
(A) STAFF.— 
(i) APPOINTMENT; 
COMPENSATION; 
TRAVEL
EXPENSES.—The Chair of the 
Commission, in consultation with Vice 
Chair of the Commission, and in accord-
ance with rules agreed upon by the Com-
mission, may appoint and fix the com-
pensation of an executive director and 
other additional technical and administra-
tive personnel as may be necessary to en-
able the Commission to carry out its du-
ties, without regard to the provisions of 
title 5, United States Code, governing ap-
pointments in the competitive service, and 
without regard to the provisions of chapter
915 
51 and subchapter III of chapter 53 of 
such title relating to classification and 
General Schedule pay rates, except that no 
rate of pay fixed under this clause may ex-
ceed the equivalent of that payable for a 
position at level V of the Executive Sched-
ule under section 5316 of title 5, United 
States Code. Travel expenses of the execu-
tive director and other additional technical 
and administrative personnel of the Com-
mission shall be allowed at rates author-
ized for employees of agencies under sub-
chapter I of chapter 57 of title 5, United 
States Code, except that foreign travel for 
official purposes by such director and per-
sonnel of the Commission is not author-
ized. 
(ii) TECHNICAL
STAFF
EXPERTISE 
REQUIREMENT.—Technical staff of the 
Commission shall be individuals with sub-
stantial expertise in one or more of the 
areas described in subsection (c)(2). The 
expertise of such technical staff shall aug-
ment the ability of the Commission to have
916 
substantial expertise in all areas so de-
scribed. 
(iii) PERSONNEL
AS
FEDERAL
EM-
PLOYEES.— 
(I) IN GENERAL.—The executive 
director and any other personnel of 
the Commission shall be treated as 
employees under section 2105 of title 
5, United States Code, for purposes of 
chapters 63, 81, 83, 84, 85, 87, 89, 
and 90 of such title. 
(II) 
MEMBERS
OF
COMMIS-
SION.—Subclause (I) shall not be con-
strued to apply to members of the 
Commission. 
(iv) DETAILEES.—Any Federal Gov-
ernment employee may be detailed to the 
Commission without reimbursement from 
the Commission, and such detailee shall re-
tain the rights, status, and privileges of his 
or her regular employment without inter-
ruption. 
(v) EXPERTS
AND
CONSULTANTS.— 
The Commission may procure temporary 
and intermittent services of experts and
917 
consultants in accordance with section 
3109 of title 5, United States Code, but at 
a rate not to exceed the daily equivalent of 
the annual rate of basic pay in effect for 
a position at level IV of the Executive 
Schedule under section 5315 of title 5, 
United States Code. 
(B) ASSISTANCE
FROM
FEDERAL
AGEN-
CIES.— 
(i) GENERAL SERVICES ADMINISTRA-
TION.—The 
Administrator 
of 
General 
Services shall provide to the Commission, 
on a reimbursable basis, administrative 
support and other services necessary to 
carry out the duties of the Commission. 
(ii) OTHER DEPARTMENTS AND AGEN-
CIES.—In addition to the assistance de-
scribed in subparagraph (A), departments 
and agencies of the Federal Government 
may provide to the Commission such serv-
ices, funds, facilities, and staff as such de-
partments and agencies determine appro-
priate and as authorized by Federal law. 
(g) SECURITY CLEARANCES.—The members and 
staff of the Commission shall obtain, if necessary to carry
918 
out the functions of the Commission, appropriate security 
clearances for access to any classified briefing, records, 
and materials to be reviewed by such members or staff. 
The appropriate Federal agencies or departments shall co-
operate with the Commission in expeditiously providing to 
the members and staff of the Commission security clear-
ances pursuant to existing procedures and requirements, 
except that no person may be provided with access to clas-
sified information under this Act without the appropriate 
security clearance. 
(h) REPORTS.— 
(1) REPORTS.—Not later than December 1 of 
each year that the Commission remains active and 
in operation, the Commission shall submit to the 
majority and minority leaders of the House of Rep-
resentatives and Senate a comprehensive report on 
the findings, conclusions, and recommendations of 
the Commission with respect to such year and in-
cluding an executive summary of the Commission’s 
purposes and activities and any relevant references 
and materials with respect to such year. Notwith-
standing the previous sentence, the Commission 
shall not be required to submit a report under this 
paragraph with respect to the first year in which 
such Commission is active and in operation if the
919 
Commission is so active and in operation for fewer 
than six months of such first year. 
(2) CLASSIFIED
INFORMATION.—In the case 
that a report submitted under this subsection in-
cludes classified information, the Commission shall 
also submit to the majority and minority leaders of 
the House of Representatives and Senate a redacted 
version of such report with such classified informa-
tion included as a classified annex to such report. 
(3) PUBLIC AVAILABILITY.—Reports submitted 
under this subsection, or the redacted versions of 
such reports (if applicable), shall be made publicly 
available on a centralized Federal internet website. 
(i) APPLICABILITY OF FACA.—Except as provided in 
subsection (j), the provisions of the Federal Advisory 
Committee Act (5 U.S.C. App.) shall apply to the activi-
ties of the Commission. 
(j) TERMINATION.— 
(1) IN GENERAL.—The Commission, and all the 
authorities of the Commission under this Act, shall 
remain active and in operation until the last day of 
the 10-year period beginning on the date of the en-
actment of this Act. 
(2) ADMINISTRATIVE
ACTIVITIES.—The Com-
mission may use the 60-day period following the
920 
date of termination of the Commission for the pur-
pose of concluding its activities, including providing 
testimony to Congress concerning its results and dis-
seminating the final report of the Commission. 
(k) AUTHORIZATION OF APPROPRIATIONS.—For pur-
poses of carrying out this section, there is authorized to 
be appropriated to the Commission $6,000,000 for fiscal 
year 2022 and such sums as may be necessary for each 
fiscal year thereafter through fiscal year 2032, to be avail-
able until expended. 
Subtitle 
B—Strengthening 
Con-
sumer 
Protections, 
Tourism, 
and Manufacturing 
SEC. 20211. NATIONAL MANUFACTURING ADVISORY COUN-
CIL. 
(a) DEFINITIONS.—In this section: 
(1) ADVISORY COUNCIL.—The term ‘‘Advisory 
Council’’ means the National Manufacturing Advi-
sory Council established under subsection (b)(1). 
(2) 
APPROPRIATE
COMMITTEES
OF
CON-
GRESS.—The term ‘‘appropriate committees of Con-
gress’’ means— 
(A) the Committee on Health, Education, 
Labor, and Pensions, the Committee on Com-
merce, Science, and Transportation, the Com-
921 
mittee on Energy and Natural Resources, the 
Committee on Armed Services, and the Com-
mittee on Appropriations of the Senate; and 
(B) the Committee on Education and 
Labor, the Committee on Science, Space, and 
Technology, the Committee on Energy and 
Commerce, the Committee on Armed Services, 
and the Committee on Appropriations of the 
House of Representatives. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Commerce. 
(b) ESTABLISHMENT.— 
(1) IN GENERAL.—The Secretary, in consulta-
tion with the Secretary of Labor, the Secretary of 
Defense, the Secretary of Energy, the United States 
Trade Representative, and the Secretary of Edu-
cation, shall establish within the Department of 
Commerce the National Manufacturing Advisory 
Council. 
(2) PURPOSE.—The purpose of the Advisory 
Council shall be to provide recommendations to the 
Secretary and Federal Government on ways to— 
(A) provide worker education, training, de-
velopment, and entrepreneurship training;
922 
(B) connect individuals and business with 
the services described in subparagraph (A) that 
are offered in the community of the individuals 
or businesses; 
(C) coordinate services relating to em-
ployee engagement, including employee owner-
ship and workforce training; 
(D) connect manufacturers with career and 
technical education entities, institutions of high-
er education, community colleges, workforce de-
velopment boards, labor organizations, and non-
profit job training providers to develop and sup-
port training and job placement services and 
apprenticeship and online learning platforms for 
new and incumbent workers; 
(E) develop programming to prevent job 
losses as entities adopt new technologies and 
processes; and 
(F) develop best practices for employee 
ownership. 
(c) MISSION.—The mission of the Advisory Council 
shall be to— 
(1) provide a forum for regular communication 
between the Federal Government and the manufac-
turing sector in the United States;
923 
(2) advise the Federal Government regarding 
policies and programs of the Federal Government 
that affect manufacturing in the United States; 
(3) provide a forum for discussing and pro-
posing solutions to problems relating to the manu-
facturing industry in the United States; and 
(4) provide advice and recommendations to the 
Federal Government to help the United States re-
mains the preeminent destination throughout the 
world for investment in manufacturing. 
(d) DUTIES.—The duties of the Advisory Council 
shall include— 
(1) meeting not less frequently than every 180 
days to provide independent advice and rec-
ommendations to the Secretary regarding issues in-
volving manufacturing in the United States; 
(2) completing specific tasks requested by the 
Secretary; 
(3) conveying input to the Assistant Secretary 
of the Office of Supply Chain Resiliency and Crisis 
Response from key industry, labor, academic, de-
fense, governmental, and other stakeholders to aid in 
the development of a national strategic plan for 
manufacturing in the United States;
924 
(4) monitoring the status of technological devel-
opments, critical production capacity, skill avail-
ability, investment patterns, emerging defense needs, 
and other key indicators of manufacturing competi-
tiveness to provide foresight for periodic updates to 
the national strategic plan for manufacturing devel-
oped under paragraph (3); 
(5) soliciting input from the public and private 
sectors and academia relating to emerging trends in 
manufacturing, the responsiveness of Federal pro-
gramming with respect to manufacturing, and sug-
gestions for areas of increased Federal attention 
with respect to manufacturing; 
(6) monitoring global manufacturing trends and 
global threats to manufacturing sectors in the 
United States; 
(7) providing advice and recommendations to 
the Federal Government on matters relating to in-
vestment in and support of the manufacturing work-
force relating to— 
(A) worker participation, including through 
labor organizations and through other methods 
determined by the Advisory Council, in the 
planning for deployment of new technologies 
across an industry and within workplaces;
925 
(B) training and education priorities for 
the Federal Government and for employers to 
assist workers in adapting the skills and experi-
ences of those workers to fit the demands of the 
21st century economy; 
(C) innovative suggestions from workers on 
the development of new technologies and proc-
esses and, as appropriate, assessing the impact 
of those technologies and processes on the 
workforce and economy of the United States; 
(D) management practices that lead to 
worker employment, job quality, worker protec-
tion, worker participation and power in decision 
making, and investment in worker career suc-
cess; 
(E) policies and procedures to prioritize di-
versity and inclusion in the manufacturing and 
technology workforce by expanding access to 
job, career advancement, and management op-
portunities for underrepresented populations; 
and 
(F) advice on how to improve access to de-
mand-driven education, training, and re-train-
ing for workers, including community and tech-
926 
nical colleges, higher education, apprenticeships 
and work-based learning opportunities; 
(8) with respect to the manufacturing.gov 
website, or any successor thereto, providing advice 
and recommendations to the Secretary in order to— 
(A) make that website more user-friendly 
to enhance the ability of that website to— 
(i) provide information to manufactur-
ers; and 
(ii) receive feedback from manufactur-
ers; 
(B) assist that website in becoming the 
principal place of interaction between manufac-
turers in the United States and Federal pro-
grams relating to manufacturing; and 
(C) enable that website to provide assist-
ance to manufacturers relating to— 
(i) international trade and investment 
matters; 
(ii) research and technology develop-
ment opportunities; 
(iii) workforce development and train-
ing programs and opportunities; 
(iv) small and medium manufacturer 
needs; and
927 
(v) industrial commons and supply 
chain needs; and 
(9) soliciting input from— 
(A) economically disadvantaged areas (as 
defined in section 20209); or 
(B) areas in which foreign competition re-
sulted in mass factory layoffs. 
(e) MEMBERSHIP.— 
(1) 
IN
GENERAL.—The 
Advisory 
Council 
shall— 
(A) consist of individuals appointed by the 
Secretary with a balance of backgrounds, expe-
riences, and viewpoints; and 
(B) include an equal proportion of individ-
uals with manufacturing experience who rep-
resent private industry, academia, and labor or-
ganizations. 
(2) PUBLIC
PARTICIPATION.—The Secretary 
shall, to the maximum extent practicable, accept rec-
ommendations from the public regarding the ap-
pointment of individuals under paragraph (1). 
(3) PERIOD OF APPOINTMENT; VACANCIES.— 
(A) IN GENERAL.—Each member of the 
Advisory Council shall be appointed by the Sec-
retary for a term of 3 years.
928 
(B) RENEWAL.—The Secretary may renew 
an appointment made under subparagraph (A) 
not more than 2 additional terms. 
(C) STAGGER TERMS.—The Secretary may 
stagger the terms of the members of the Advi-
sory Council to ensure that the terms of the 
members expire during different years. 
(D) VACANCIES.—Any member appointed 
to fill a vacancy on the Advisory Council occur-
ring before the expiration of the term for which 
the member’s predecessor was appointed shall 
be appointed only for the remainder of that 
term. A member may serve after the expiration 
of that term until a successor has been ap-
pointed. 
(f) TRANSFER OF FUNCTIONS.— 
(1) IN GENERAL.—All functions of the United 
States Advanced Manufacturing Council of the 
International Trade Administration of the Depart-
ment of Commerce, including the personnel, assets, 
and obligations of the United States Manufacturing 
Council of the International Trade Administration of 
the Department of Commerce, as in existence on the 
day before the date of the enactment of this Act, 
shall be transferred to the Advisory Council.
929 
(2) DEEMING OF NAME.—Any reference in law, 
regulation, document, paper, or other record of the 
United States to the United States Advanced Manu-
facturing Council of the International Trade Admin-
istration of the Department of Commerce shall be 
deemed a reference to the Advisory Council. 
(3) 
UNEXPENDED
BALANCES.—Unexpended 
balances of appropriations, authorization, alloca-
tions, or other funds related to the United States 
Advanced Manufacturing Council of the Inter-
national Trade Administration of the Department of 
Commerce shall be available for use by the Advisory 
Council for the purpose for which the appropria-
tions, authorizations, allocations, or other funds 
were originally made available. 
(g) REPORT.—Not later than 180 days after the date 
on which the Advisory Council holds the initial meeting 
of the Advisory Council and annually thereafter, the Advi-
sory Council shall submit to the appropriate committees 
of Congress a report containing a detailed statement of 
the advice and recommendations of the Advisory Council 
required under subsection (d)(7). 
(h) DEPARTMENTAL
SUPPORT.—Notwithstanding 
any other provision of law and subject to confidentiality 
requirements, the Secretary shall furnish to the advisory