42 U.S.C. § 18971 — Expanding opportunities through the

Page 9268 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 18971 (2) Sector 54 – Professional, Scientific, and Technical Services. (3) Sector 48-49 – Transportation and Warehousing. (h) Levels The National Supply Chain Database shall be multi-leveled as agreed to under terms of mu- tual disclosure as follows: (1) Level 1 shall have the capability to pro- vide basic private sector entity information and shall be available to the public. (2) Level 2 shall have the capability to pro- vide a deeper, nonproprietary overview into capabilities, products, and accreditations and shall be available to all companies that con- tribute to the Database. (3) Level 3 shall have the capability to hold proprietary information. (i) Matters relating to disclosure and access (1) FOIA exemption The National Supply Chain Database, and any information contained therein that is not publicly released by the Institute, shall be ex- empt from public disclosure under section 552(b)(3) of title 5. (2) Limitation on access to content Access to a contributing private sector enti- ty’s nonpublic content in the National Supply Chain Database shall be limited to— (A) the contributing private sector entity, the Institute, and staff from a Center who sign a nondisclosure agreement, and (B) other Federal departments and agen- cies, as the Director considers appropriate. (3) Aggregated information The Director may make aggregated, de-iden- tified information available to contributing companies, Centers, or the public, as the Di- rector considers appropriate, in support of the purposes of this section. (j) Coordination with National Technology and Industrial Base Council The Director, acting through the Hollings Manufacturing Extension Partnership program, may work with the National Defense Tech- nology and Industrial Base Council established under section 4812 of title 10 as the Director con- siders appropriate, to include in the National Supply Chain Database information regarding the defense manufacturing supply chain. (k) Protections (1) In general Supply chain information that is voluntarily and lawfully submitted to the National Supply Chain Database by a private sector entity and accompanied by an express statement de- scribed in paragraph (2)— (A) shall be exempt from disclosure under section 552(b)(3) of title 5; (B) may not be made available pursuant to any Federal, State, local, or Tribal author- ity pursuant to any Federal, State, local, or Tribal law requiring public disclosure of in- formation or records; and (C) may not, without the written consent of the private sector entity submitting such information, be used directly by the Direc- tor, or any other Federal, State, or local au- thority in any civil enforcement action brought by a Federal, State, Tribal, or local authority. (2) Express statement The express statement described in this paragraph, with respect to information or records, is— (A) in the case of written information or records, a written marking on the informa- tion or records substantially similar to the following: ‘‘This information is voluntarily submitted to the Federal Government in ex- pectation of protection from disclosure as provided by the provisions of section 10253(k) of the Research and Development, Competi- tion, and Innovation Act.’’; or (B) in the case of oral information, a writ- ten statement similar to the statement de- scribed in subparagraph (A) submitted with- in a reasonable period following the oral communication. (l) Rules of construction (1) Private entities Nothing in this section may be construed to require any private sector entity to share data, including proprietary information, with the Director or the National Supply Chain Database. (2) Prohibition on new regulatory authority Nothing in this section may be construed to grant the Director, or the head of any other Federal agency, any authority to promulgate regulations or set standards on manufacturers, based on data within the National Supply Chain Database, that was not in effect on the day before August 9, 2022. (Pub. L. 117–167, div. B, title II, § 10253, Aug. 9, 2022, 136 Stat. 1500.) Editorial Notes REFERENCES IN TEXT Section 9413 of the National Defense Authorization Act for Fiscal Year 2021, referred to in subsec. (c), is section 9413 of Pub. L. 116–283, div. H, title XCIV, Jan. 1, 2021, 134 Stat. 4819, also known as the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021. Section 9413 of the Act is not clas- sified to the Code. Section 10253(k) of the Research and Development, Competition, and Innovation Act, referred to in subsec. (k)(2)(A), is section 10253(k) of Pub. L. 117–167, div. B, title II, Aug. 9, 2022, 136 Stat. 1500, which is classified to subsec. (k) of this section. PART D—MANUFACTURING USA PROGRAM § 18971. Expanding opportunities through the Manufacturing USA Program (a) In general The Secretary of Commerce, in consultation with the Secretary of Energy, the Secretary of Defense, and the heads of such other Federal agencies as the Secretary of Commerce con- siders relevant, shall coordinate with existing and new Manufacturing USA institutes to inte- grate covered entities as active members of the Page 9269 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 18981 Manufacturing USA institutes, including through the development of preferences in selec- tion criteria for proposals to create new Manu- facturing USA institutes or renew existing Man- ufacturing USA institutes that include one or more covered entities. (b) Covered entities For purposes of this subsection, a covered en- tity is— (1) an historically Black college and univer- sity; (2) a Tribal College or University; (3) a minority-serving institution; (4) a minority business enterprise (as such term is defined in section 1400.2 of title 15, Code of Federal Regulations, or successor reg- ulation); or (5) a rural-serving institution of higher edu- cation (as such term is defined in section 1161q of title 20). (Pub. L. 117–167, div. B, title II, § 10262, Aug. 9, 2022, 136 Stat. 1504.) § 18972. Promoting domestic production of tech- nologies developed under Manufacturing USA Program (a) Department of Commerce policies to promote domestic production of technologies devel- oped under Manufacturing USA Network (1) Policies (A) In general Each agency head (as such term is defined in section 278s(a) of title 15) and the Sec- retary of Defense shall, in consultation with the Secretary of Commerce, establish poli- cies to promote the domestic production of technologies developed by the Manufac- turing USA Network. (B) Elements The policies established under subpara- graph (A) shall include the following: (i) Measures to partner domestic devel- opers of goods, services, or technologies by Manufacturing USA Network activities with domestic manufacturers and sources of financing. (ii) Measures to develop and provide in- centives to promote transfer of intellec- tual property and goods, services, or tech- nologies developed by Manufacturing USA Network activities to domestic manufac- turers. (iii) Measures to assist with supplier scouting and other supply chain develop- ment, including the use of the Hollings Manufacturing Extension Partnership under section 278k of title 15 to carry out such measures. (iv) A process to review and approve or deny membership in a Manufacturing USA institute by foreign-owned entities, espe- cially from countries of concern, including the People’s Republic of China. (v) Measures to prioritize Federal pro- curement of goods, services, or tech- nologies developed by the Manufacturing USA Network activities from domestic sources, as appropriate. (C) Processes for waivers The policies established under this para- graph shall include processes to permit waivers, on a case by case basis, for policies that promote domestic production based on cost, availability, severity of technical and mission requirements, emergency require- ments, operational needs, other legal or international treaty obligations, or other factors determined important to the success of the Manufacturing USA Program. (2) Prohibition (A) In general A company of the People’s Republic of China may not participate in the Manufac- turing USA Program without a waiver, as described in paragraph (1)(C). (B) Company defined In this paragraph, the term ‘‘company’’ has the meaning given such term in section 847(a) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 4819 note). (b) to (d) Omitted (e) Advice from the United States Manufacturing Council The Secretary shall seek advice from the United States Manufacturing Council of the International Trade Administration of the De- partment of Commerce on matters concerning investment in and support of the manufacturing workforce within the Manufacturing USA Pro- gram. (Pub. L. 117–167, div. B, title II, § 10263, Aug. 9, 2022, 136 Stat. 1504.) Editorial Notes CODIFICATION Section is comprised of section 10263 of div. B of Pub. L. 117–167. Subsecs. (b) to (d) of section 10263 of div. B of Pub. L. 117–167 amended section 278s of Title 15, Com- merce and Trade. SUBCHAPTER III—NATIONAL SCIENCE FOUNDATION FOR THE FUTURE PART A—PRELIMINARY MATTERS § 18981. Definitions In this subchapter: (1) Board The term ‘‘Board’’ means the National Science Board. (2) Director The term ‘‘Director’’ means the Director of the National Science Foundation. (3) NSF INCLUDES The term ‘‘NSF INCLUDES’’ means the ini- tiative carried out under section 19012 of this title. (4) STEM ecosystem The term ‘‘STEM ecosystem’’ means a local, regional, or statewide network, consortium, or multi-sector partnership, which may be led or