USC Subchapter II

in effect

42 U.S.C. § 18931 Engineering biology and biometrology

(a) In generalThe Director, in coordination with the National Engineering Biology Research and Development Initiative established pursuant to subchapter IV, shall—(1) support basic measurement science and technology research for engineering biology, biomanufacturing, and biometrology to advance—(A) measurement technologies to support foundational understanding of the mechanisms of conversion of DNA information into cellular function; (B) technologies for measurement of such biomolecular components and related systems; (C) new data tools, techniques, and processes to improve engineering biology, biomanufacturing, and biometrology research; and (D) other areas of measurement science and technology research determined by the Director to be critical to the development and deployment of engineering biology, biomanufacturing and biometrology; (2) support activities to inform and expand the development of measurements infrastructure needed to develop technical standards to establish interoperability and facilitate commercial development of biomolecular measurement technology and engineering biology applications; (3) convene industry, institutions of higher education, nonprofit organizations, Federal laboratories, and other Federal agencies engaged in engineering biology research and development to develop coordinated technical roadmaps for authoritative measurement of the molecular components of the cell; (4) provide access to user facilities with advanced or unique equipment, services, materials, and other resources to industry, institutions of higher education, nonprofit organizations, and government agencies to perform research and testing; (5) establish or expand collaborative partnerships or consortia with other Federal agencies engaged in engineering biology research and development, institutions of higher education, Federal laboratories, and industry to advance engineering biology applications; and (6) support graduate and postgraduate research and training in biometrology, biomanufacturing, and engineering biology. (b) Rule of constructionNothing in this section may be construed to alter the policies, processes, or practices of individual Federal agencies in effect on the day before August 9, 2022, relating to the conduct or support of biomedical research and advanced development, including the solicitation and review of extramural research proposals. (c) ControlsIn carrying out activities authorized by this section, the Secretary shall ensure proper security controls are in place to protect sensitive information, as appropriate.

42 U.S.C. § 18932 Greenhouse gas measurement research

(a) In generalThe Director, in consultation with the Administrator of the National Oceanic and Atmospheric Administration, the Administrator of the Environmental Protection Agency, the National Aeronautics and Space Administration, the Director of the National Science Foundation, the Secretary of Energy, and the heads of other Federal agencies, as appropriate, shall carry out a measurement research program to inform the development or improvement of best practices, benchmarks, methodologies, procedures, and technical standards for the measurement of greenhouse gas emissions and to assess and improve the performance of greenhouse gas emissions measurement systems placed in situ and on space-based platforms. (b) ActivitiesIn carrying out such a program, the Director may—(1) conduct research and testing to improve the accuracy, efficacy, and reliability of the measurement of greenhouse gas emissions at a range of scales that covers direct measurement at the component or process level through atmospheric observations; (2) conduct research to create novel measurement technologies and techniques for the measurement of greenhouse gas emissions; (3) convene and engage with relevant Federal agencies and stakeholders to establish common definitions and characterizations for the measurement of greenhouse gas emissions, taking into account any existing United States and international technical standards and guidance; (4) conduct outreach and coordination to share technical expertise with relevant industry and nonindustry stakeholders and standards development organizations to—(A) assist such entities in the development and adoption of best practices and technical standards for greenhouse gas emissions measurements; and (B) promote consistency and traceability in international reference standards and central calibration laboratories; (5) in coordination with the Administrator of the National Oceanic and Atmospheric Administration, the Administrator of the Environmental Protection Agency, and the Secretary of Energy, develop such standard reference materials as the Director determines is necessary to further the development of such technical standards, taking into account any existing United States or international standards; (6) coordinate with the National Oceanic and Atmospheric Administration to ensure data are managed, stewarded, and archived at all levels and promote full and open exchange at Federal and State levels, and with academia, industry, and other users; and (7) coordinate with international partners, including international standards organizations, to maintain global greenhouse gas measurement technical standards. (c) TestbedsIn coordination with the private sector, institutions of higher education, State and local governments, the National Oceanic and Atmospheric Administration, the Environmental Protection Agency, the Department of Energy, and other Federal agencies, as appropriate, the Director may continue to develop and manage testbeds to advance research and standards development for greenhouse gas emissions measurements from in situ and space-based platforms. (d) Center for Greenhouse Gas Measurements, Standards, and Information(1) In generalThe Director, in collaboration with the Administrator of the National Oceanic and Atmospheric Administration, the Administrator of the Environmental Protection Agency, and the heads of other Federal agencies, as appropriate, shall establish a Center for Greenhouse Gas Measurements, Standards, and Information (in this subsection referred to as the “Center”). (2) CollaborationsThe Director shall require that the activities of the Center include collaboration among public and private organizations, including institutions of higher education, nonprofit organizations, private sector entities, and State, Tribal, territorial, and local officials. (3) PurposeThe purpose of the Center shall be to—(A) advance measurement science, data analytics, and modeling at a range of scales that covers direct measurement and estimation at the component or process level through atmospheric observations and at the analysis level to improve the accuracy of spatially and temporally resolved greenhouse gas emissions measurement, validation, and attribution to specific underlying activities and processes; (B) test and evaluate the performance of existing capabilities, and inform and improve best practices, benchmarks, methodologies, procedures, and technical standards, for the measurement and validation of greenhouse gas emissions at scales noted in subparagraph (A); (C) educate and train students in measurement science, computational science, and systems engineering research relevant to greenhouse gas emissions measurements; (D) foster collaboration among academic researchers, private sector stakeholders, and State, Tribal, territorial, and local officials in the use of Institute testbeds as described in subsection (c); (E) conduct activities with research institutions, industry partners, and State and local officials to identify research, testing, and technical standards needs relevant to greenhouse gas emissions; and (F) collaborate with other Federal agencies to conduct outreach and coordination to share and promote technical data, tools, and expertise with relevant public and private sector stakeholders, including State, Tribal, territorial, and local officials, to assist such in the accurate measurement of greenhouse gas emissions.

42 U.S.C. § 18933 Software security and authentication

(a) Vulnerabilities in open source softwareThe Director shall assign severity metrics to identified vulnerabilities with open source software and produce voluntary guidance to assist the entities that maintain open source software repositories to discover and mitigate vulnerabilities. (b) Artificial intelligence-enabled defensesThe Director shall carry out research and testing to improve the effectiveness of artificial intelligence-enabled cybersecurity, including by generating optimized data sets to train artificial intelligence defense systems and evaluating the performance of varying network architectures at strengthening network security. (c) Authentication of Institute softwareThe Director shall ensure all software released by the Institute is digitally signed and maintained to enable stakeholders to verify its authenticity and integrity upon installation and execution. (d) Assistance to Inspectors GeneralSubject to available funding, the Director shall provide technical assistance to improve the education and training of individual Federal agency Inspectors General and staff who are responsible for the annual independent evaluation they are required to perform of the information security program and practices of Federal agencies under section 3555 of title 44. (e) Software supply chain security practices(1) In generalThe Director shall, in coordination with industry, academia, and other Federal agencies, as appropriate, develop a set of security outcomes and practices, including security controls, control enhancements, supplemental guidance, or other supporting information to enable software developers and operators to identify, assess, and manage cybersecurity risks over the full lifecycle of software products. (2) OutreachThe Director shall conduct outreach and coordination activities to share technical expertise with Federal agencies, relevant industry stakeholders, and standards development organizations, as appropriate, to encourage the voluntary adoption of the software lifecycle security practices by Federal agencies and industry stakeholders.

42 U.S.C. § 18934 Biometrics research and testing

(a) In generalThe Secretary, acting through the Director, shall establish a program to support measurement research to inform the development of best practices, benchmarks, methodologies, procedures, and voluntary, consensus-based technical standards for biometric identification systems, including facial recognition systems, to assess and improve the performance of such systems. In carrying out such program, the Director may—(1) conduct measurement research to support efforts to improve the performance of biometric identification systems, including in areas related to conformity assessment, image quality and interoperability, contactless biometric capture technologies, and human-in-the-loop biometric identification systems and processes; (2) convene and engage with relevant stakeholders to establish common definitions and characterizations for biometric identification systems, which may include accuracy, fairness, bias, privacy, consent, and other properties, taking into account definitions in relevant international technical standards and other publications; (3) carry out measurement research and testing on a range of biometric modalities, such as fingerprints, voice, iris, face, vein, behavioral biometrics, genetics, multimodal biometrics, and emerging applications of biometric identification technology; (4) study the use of privacy-enhancing technologies and other technical protective controls to facilitate access, as appropriate, to public data sets for biometric research; (5) conduct outreach and coordination to share technical expertise with relevant industry and nonindustry stakeholders and standards development organizations to assist such entities in the development of best practices and voluntary technical standards; and (6) develop such standard reference artifacts as the Director determines is necessary to further the development of such voluntary technical standards. (b) Biometrics test program(1) In generalThe Secretary, acting through the Director, shall carry out a test program to provide biometrics vendors the opportunity to test biometric identification technologies across a range of modalities. (2) ActivitiesIn carrying out the program under this subsection, the Director shall—(A) conduct research and regular testing to improve and benchmark the accuracy, efficacy, and bias of biometric identification technologies, which may include research and testing on demographic variations, capture devices, presentation attack detection, partially occluded or computer generated images, privacy and security designs and controls, template protection, de-identification, and comparison of algorithm, human, and combined algorithm-human recognition capability; (B) develop an approach for testing software and cloud-based biometrics applications, including remote systems, in Institute test facilities; (C) establish reference use cases for biometric identification technologies and performance criteria for assessing each use case, including accuracy, efficacy, and bias metrics; (D) produce public-facing reports of the findings from such testing for a general audience; (E) develop policies and procedures accounting for the legal and social implications of activities under this paragraph when working with a foreign entity of concern (as such term is defined in section 19221 of this title); (F) establish procedures to prioritize testing of biometrics identification technologies developed by entities headquartered in the United States; and (G) conduct such other activities as determined necessary by the Director. (c) GAO report to CongressNot later than 18 months after August 9, 2022, the Comptroller General of the United States shall submit a detailed report to Congress on the impact of biometric identification technologies on historically marginalized communities, including low-income communities and minority religious, racial, and ethnic groups. Such report should be made publicly available on an internet website.

42 U.S.C. § 18935 Dissemination of resources for research institutions

(a) Dissemination of resources for research institutions(1) In generalNot later than one year after August 9, 2022, the Director shall, using the authorities of the Director under subsections (c)(15) and (e)(1)(A)(ix) of section 272 of title 15, disseminate and make publicly available tailored resources to help qualifying institutions identify, assess, manage, and reduce their cybersecurity risk related to conducting research. (2) RequirementsThe Director shall ensure that the resources disseminated pursuant to paragraph (1)—(A) are generally applicable and usable by a wide range of qualifying institutions; (B) vary with the nature and size of the qualifying institutions, and the nature and sensitivity of the data collected or stored on the information systems or devices of the qualifying institutions; (C) include elements that promote awareness of simple, basic controls, a workplace cybersecurity culture, and third-party stakeholder relationships, to assist qualifying institutions in mitigating common cybersecurity risks; (D) include case studies, examples, and scenarios of practical application; (E) are outcomes-based and can be implemented using a variety of technologies that are commercial and off-the-shelf; and (F) to the extent practicable, are based on international technical standards. (3) National cybersecurity awareness and education programThe Director shall ensure that the resources disseminated under paragraph (1) are consistent with the efforts of the Director under section 7443 of title 15. (4) UpdatesThe Director shall review periodically and update the resources under paragraph (1) as the Director determines appropriate. (5) Voluntary resourcesThe use of the resources disseminated under paragraph (1) shall be considered voluntary. (b) Other Federal cybersecurity requirementsNothing in this section may be construed to supersede, alter, or otherwise affect any cybersecurity requirements applicable to Federal agencies. (c) DefinitionsIn this section:(1) Qualifying institutionsThe term “qualifying institutions” means institutions of higher education that are awarded in excess of $50,000,000 per year in total Federal research funding. (2) ResourcesThe term “resources” means guidelines, tools, best practices, technical standards, methodologies, and other ways of providing information.

42 U.S.C. § 18936 Neutron scattering

(a) Strategic plan for the Institute neutron reactorThe Director shall develop a strategic plan for the future of the NIST Center for Neutron Research after the current neutron reactor is decommissioned, including—(1) a succession plan for the reactor, including a roadmap with timeline and milestones; (2) conceptual design of a new reactor and accompanying facilities, as appropriate; and (3) a plan to minimize disruptions to the user community during the transition. (b) Coordination with the Department of EnergyThe Secretary, acting through the Director, shall coordinate with the Secretary of Energy on issues related to Federal support for neutron science, including estimation of long-term needs for research using neutron sources, and planning efforts for future facilities to meet such needs. (c) Report to CongressNot later than 30 months after August 9, 2022, the Director shall submit to Congress the plan required under subsection (a), and shall notify Congress of any substantial updates to such plan in subsequent years.

42 U.S.C. § 18937 Artificial intelligence

The Director shall continue to support the development of artificial intelligence and data science, and carry out the activities of the National Artificial Intelligence Initiative Act of 2020 authorized in division E of the National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283), including through— (1) expanding the Institute’s capabilities, including scientific staff and research infrastructure; (2) supporting measurement research and development for advanced computer chips and hardware designed for artificial intelligence systems; (3) supporting the development of technical standards and guidelines that promote safe and trustworthy artificial intelligence systems, such as enhancing the accuracy, explainability, privacy, reliability, robustness, safety, security, and mitigation of harmful bias in artificial intelligence systems; (4) creating a framework for managing risks associated with artificial intelligence systems; and (5) developing and publishing cybersecurity tools, encryption methods, and best practices for artificial intelligence and data science.

42 U.S.C. § 18938 Sustainable chemistry research and education

In accordance with section 9303 of title 15, the Director shall carry out activities in support of sustainable chemistry, including coordinating and partnering with academia, industry, nonprofit organizations, and other entities in activities to support clean, safe, and economic alternatives, technologies, and methodologies to traditional chemical products and processes.

42 U.S.C. § 18939 Premise plumbing research

(a) In generalThe Secretary, acting through the Director, shall create a program, in consultation with the Environmental Protection Agency, for premise plumbing research, including to—(1) conduct metrology research on premise plumbing in relation to water safety, security, efficiency, sustainability, and resilience; and (2) coordinate research activities with academia, the private sector, nonprofit organizations, and other Federal agencies. (b) DefinitionsFor purposes of this section, the term “premise plumbing” means the water distribution system located within the property lines of a property, including all buildings and permanent structures on such property. Such term includes building supply and distribution pipes, fixtures, fittings, water heaters, water-treating and water-using equipment, and all respective joints, connections, devices, and appurtenances.

42 U.S.C. § 18940 Dr. David Satcher Cybersecurity Education Grant Program

(a) Authorization of grants(1) In generalSubject to the availability of appropriations, the Director shall carry out the Dr. David Satcher Cybersecurity Education Grant Program by—(A) awarding grants to assist institutions of higher education that have an enrollment of needy students, historically Black colleges and universities, Tribal Colleges and Universities, and minority-serving institutions, to establish or expand cybersecurity programs, to build and upgrade institutional capacity to better support new or existing cybersecurity programs, including cybersecurity partnerships with public and private entities, and to support such institutions on the path to producing qualified entrants in the cybersecurity workforce or becoming a National Center of Academic Excellence in Cybersecurity; and (B) awarding grants to build capacity at institutions of higher education that have an enrollment of needy students, historically Black colleges and universities, Tribal Colleges and Universities, and minority-serving institutions, to expand cybersecurity education opportunities, cybersecurity programs, cybersecurity research, and cybersecurity partnerships with public and private entities. (2) ReservationThe Director shall award not less than 50 percent of the amount available for grants under this section to historically Black colleges and universities, Tribal Colleges and Universities, and minority-serving institutions. (3) CoordinationThe Director shall carry out this section in coordination with appropriate Federal agencies, including the Departments of Homeland Security, Education, and Labor. (4) SunsetThe Director’s authority to award grants under paragraph (1) shall terminate on the date that is 5 years after the date the Director first awards a grant under paragraph (1). (b) ApplicationsAn eligible institution seeking a grant under subsection (a) shall submit an application to the Director at such time, in such manner, and containing such information as the Director may reasonably require, including a statement of how the institution will use the funds awarded through the grant to expand cybersecurity education opportunities at the eligible institution. (c) ActivitiesAn eligible institution that receives a grant under this section may use the funds awarded through such grant for increasing research, education, technical, partnership, and innovation capacity, including for—(1) building and upgrading institutional capacity to better support new or existing cybersecurity programs, including cybersecurity partnerships with public and private entities; (2) building and upgrading institutional capacity to provide hands-on research and training experiences for undergraduate and graduate students; and (3) outreach and recruitment to ensure students are aware of such new or existing cybersecurity programs, including cybersecurity partnerships with public and private entities. (d) Reporting requirementsNot later than—(1) one year after the effective date of this section, as provided in subsection (f), and annually thereafter until the Director submits the report under paragraph (2), the Director shall prepare and submit to Congress a report on the status and progress of implementation of the grant program under this section, including on the number and demographics of institutions participating, the number and nature of students served by cybersecurity programs at institutions receiving grants, as well as the number of certificates or degrees awarded through such cybersecurity programs, the level of funding provided to grant recipients, the types of activities being funded by the grants program, and plans for future implementation and development; and (2) five years after the effective date of this section, as provided in subsection (f), the Director shall prepare and submit to Congress a report on the status of cybersecurity education programming and capacity-building at institutions receiving grants under this section, including changes in the scale and scope of these programs, associated facilities, or in accreditation status, and on the educational and employment outcomes of students participating in cybersecurity programs that have received support under this section. (e) Performance metricsThe Director shall establish performance metrics for grants awarded under this section. (f) Effective dateThis section shall take effect 1 year after August 9, 2022.

42 U.S.C. § 18951 International standards development

(a) Sense of CongressIt is the sense of Congress that—(1) the principles of openness, transparency, due process, balance of interests, appeals, and consensus in the development of international standards are critical; (2) voluntary consensus standards, developed through an industry-led process, serve as the cornerstone of the United States standardization system and have become the basis of a sound national economy and the key to global market access; (3) strengthening the unique United States public-private partnerships approach to standards development is critical to United States economic competitiveness; and (4) the United States Government should ensure cooperation and coordination across Federal agencies to partner with and support private sector stakeholders to continue to shape international dialogues in regard to standards development for emerging technologies. (b) International standards engagement(1) In generalThe Director shall lead information exchange and coordination among Federal agencies and communication from Federal agencies to the private sector of the United States to ensure effective Federal engagement in the development and use of international technical standards. (2) RequirementsTo support private sector-led engagement and ensure effective Federal engagement in the development and use of international technical standards, the Director shall consider—(A) the role and needs of the Federal Government with respect to international technical standards; (B) organizations developing international technical standards of interest to the United States, United States representation and influence in these organizations, and key contributors for technical and leadership expertise in these organizations; (C) support for persons with domain subject matter expertise, especially from small businesses located in the United States, to influence and engage in technical standards leadership positions, working groups and meetings; (D) opportunities for partnerships for supporting international technical standards from across the Federal Government, Federally funded research and development centers, university-affiliated research centers, institutions of higher education, industry, industry associations, nonprofit organizations, and other key contributors; (E) support for activities to encourage the adoption of technical standards developed in the United States to be adopted by international standards organizations; and (F) other activities determined by the Director to be necessary to support United States participation in international standards development, economic competitiveness, and national security in the development and use of international technical standards. (c) Capacity building guidanceThe Director shall support education and workforce development efforts to promote United States participation in international standards organizations. The Director shall—(1) identify and create, as appropriate, technical standards education and training resources for interested businesses, industry associations, academia, nonprofit organizations, Federal agencies, and other relevant standards contributors, including activities targeted at integrating standards content into undergraduate and graduate curricula in science, engineering, business, public policy, and law; (2) conduct outreach, including to private sector leaders, to support engagement by more United States stakeholders in international technical standards development; and (3) other activities determined necessary by the Director to support increased engagement, influence, and leadership of United States organizations in the development of international technical standards. (d) Capacity building pilot program(1) In generalThe Director, in coordination with the Director of the National Science Foundation, and the heads of other relevant Federal agencies, as appropriate, shall establish or enter into cooperative agreements with appropriate nongovernmental organizations to establish a 5-year pilot program to award grants, on a merit-reviewed, competitive basis, to private sector entities, institutions of higher education, or nonprofit institutions based in the United States to support increased participation and leadership by small business and academic interests in international standards organizations. (2) Use of fundsGrants awarded to eligible entities under this subsection may be used to cover reasonable costs, up to a specified ceiling set by the Director, of activities to support increased engagement and leadership of eligible entity employees in international standards organizations, which may include costs associated with—(A) travel; (B) education and training; (C) dues or fees related to participation in technical standards development activities; and (D) other such costs that the Director determines may reasonably support participation of the eligible entity in international standards organizations. (3) Award criteriaThe Director shall ensure that award decisions made under this subsection take into account the extent to which the eligible entity—(A) employs full-time an individual or individuals who demonstrate deep technical standards expertise; (B) employs full-time an individual or individuals who demonstrate knowledge with the processes of the standards development organization in which the eligible entity intends to engage using grant funds; (C) proposes a feasible set of standard deliverables to be completed over the period of the grant; (D) explains how the eligible entity will fund additional standards-related activities necessary to achieve the deliverables referred to in subparagraph (C) if the grant funds are insufficient to cover all costs of such activities; (E) commits personnel with appropriate expertise to regularly engage in relevant international organizations responsible for developing technical standards over the period of the grant; and (F) identifies a clearly defined current or anticipated market need or gap that would be addressed by their standards development proposal. (4) EligibilityA small business concern (as such term is defined in section 632 of title 15 based in the United States, an institution of higher education, or a nonprofit institution (as such term is defined in section 3703 of title 15) shall be eligible to receive grants under this program. (5) Guidance on application and award processThe Director shall develop, and periodically update, guidance, including eligibility, applicant disclosure requirements, grant amount and duration, the merit review process, priority areas for standards development, and any additional requirements for how grants are awarded under this subsection. (6) Merit review processThe Director shall ensure that grants under this subsection are awarded based on a competitive, merit review process including the use of merit review panels that may include experts from both government, the private sector, and, as appropriate, academic, nonprofit, or other organizations as the Director determines appropriate. (7) ConsultationIn carrying out the pilot program established under this subsection, the Director shall consult with other Federal agencies, private sector organizations, institutions of higher education, and nonprofit organizations to help inform the pilot program, including the guidance developed under paragraph (5). (8) Report to CongressThe Director shall brief Congress after the second year of the pilot program and each year following that includes the following:(A) An assessment of the effectiveness of the pilot program for improving the participation of United States small businesses, United States institutions of higher education, or other nonprofit research institutions in international standards organizations, including—(i) the type of activities supported, including leadership roles; (ii) the international standards organizations participated in; and (iii) the technical areas covered by the activities. (B) If determined effective, a plan for permanent implementation of the pilot program.

42 U.S.C. § 18952 Standards development organization grants

(a) Nongovernmental standards development organization definedIn this section, the term “nongovernmental standards development organization” means a nongovernmental standards development organization (as defined in section 2(e) of the Office of Management and Budget Circular A–119 (relating to Federal participation in the development and use of voluntary consensus standards in conformity assessment activities), or any successor document) that adheres to the American National Standards Institute (ANSI) Essential Requirements for Due Process for American National Standards. (b) Grant authorityThe Secretary of Commerce, acting through the Director, shall establish a competitive program of grants for nongovernmental standards development organizations for the purposes described in subsection (c). (c) PurposesA grant awarded under subsection (b) shall be used to develop, approve, disseminate, maintain, and review forensic science voluntary consensus standards and best practices that shall be available to the public free of charge. (d) Additional requirementsThe Director may promulgate such requirements, guidelines, and procedures as may be necessary to carry out this section. (e) Authorization of appropriationsThere are authorized to be appropriated to carry out this section $2,000,000 for each of fiscal years 2022 through 2026.

42 U.S.C. § 18961 National Supply Chain Database

(a) Establishment of National Supply Chain DatabaseThe Director shall establish a voluntary National Supply Chain Database, subject to the availability of appropriations. (b) PurposeThe purpose of the voluntary National Supply Chain Database shall be to assist the Federal Government and industry sectors in minimizing disruptions to the United States supply chain by having an assessment of United States manufacturers’ capabilities. (c) Study on National Supply Chain DatabaseIn establishing the National Supply Chain Database, the Director shall consider the findings and recommendations from the study authorized pursuant to section 9413 of the National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283), including measures to secure and protect the Database from adversarial attacks and vulnerabilities. (d) Database and Manufacturing Extension Partnership(1) In generalThe Director shall establish the infrastructure for the National Supply Chain Database through the Hollings Manufacturing Extension Partnership, established pursuant to section 278k of title 15, by connecting information from the Centers (as such term is defined in such section) through the Database. (2) National viewThe Director shall ensure that connections under paragraph (1)—(A) provide a national overview of the networks of supply chains of the United States; and (B) support understanding of whether there is a need for some manufacturers to retool in some critical areas to meet the urgent need for key products. (3) Individual Hollings Manufacturing Extension Partnership Center databases(A) In generalThe Director shall ensure that—(i) each Center is connected to the National Supply Chain Database; and (ii) each supply chain database maintained by a Center is interoperable with the Database. (B) Rule of constructionNothing in this section may be construed to require a State or territory of the United States to establish a new supply chain database through the Hollings Manufacturing Extension Partnership program. (e) Maintenance of National Supply Chain DatabaseThe Director, acting through the Hollings Manufacturing Extension Partnership program or a designee of the program—(1) shall maintain the National Supply Chain Database as an integration of State-level databases from the Center of each State or territory of the United States; (2) may populate the Database with information from past or current clients of Centers; and (3) may include in the Database information voluntarily provided by non-client private sector entities based and operating in the United States, as applicable and appropriate. (f) Database contentThe National Supply Chain Database may include the following:(1) Basic private sector entity information. (2) An overview of capabilities, accreditations, and products. (3) Proprietary information. (g) Standard classification systemThe National Supply Chain Database may, where applicable, use the North American Industry Classification System (NAICS) Codes as follows:(1) Sector 31-33 – Manufacturing. (2) Sector 54 – Professional, Scientific, and Technical Services. (3) Sector 48-49 – Transportation and Warehousing. (h) LevelsThe National Supply Chain Database shall be multi-leveled as agreed to under terms of mutual disclosure as follows:(1) Level 1 shall have the capability to provide basic private sector entity information and shall be available to the public. (2) Level 2 shall have the capability to provide a deeper, nonproprietary overview into capabilities, products, and accreditations and shall be available to all companies that contribute to the Database. (3) Level 3 shall have the capability to hold proprietary information. (i) Matters relating to disclosure and access(1) FOIA exemptionThe National Supply Chain Database, and any information contained therein that is not publicly released by the Institute, shall be exempt from public disclosure under section 552(b)(3) of title 5. (2) Limitation on access to contentAccess to a contributing private sector entity’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 agencies, as the Director considers appropriate. (3) Aggregated informationThe Director may make aggregated, de-identified information available to contributing companies, Centers, or the public, as the Director considers appropriate, in support of the purposes of this section. (j) Coordination with National Technology and Industrial Base CouncilThe Director, acting through the Hollings Manufacturing Extension Partnership program, may work with the National Defense Technology and Industrial Base Council established under section 4812 of title 10 as the Director considers appropriate, to include in the National Supply Chain Database information regarding the defense manufacturing supply chain. (k) Protections(1) In generalSupply 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 described 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 authority pursuant to any Federal, State, local, or Tribal law requiring public disclosure of information or records; and (C) may not, without the written consent of the private sector entity submitting such information, be used directly by the Director, or any other Federal, State, or local authority in any civil enforcement action brought by a Federal, State, Tribal, or local authority. (2) Express statementThe express statement described in this paragraph, with respect to information or records, is—(A) in the case of written information or records, a written marking on the information or records substantially similar to the following: “This information is voluntarily submitted to the Federal Government in expectation of protection from disclosure as provided by the provisions of section 10253(k) of the Research and Development, Competition, and Innovation Act.”; or (B) in the case of oral information, a written statement similar to the statement described in subparagraph (A) submitted within a reasonable period following the oral communication. (l) Rules of construction(1) Private entitiesNothing 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 authorityNothing 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.

42 U.S.C. § 18971 Expanding opportunities through the Manufacturing USA Program

(a) In generalThe 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 considers relevant, shall coordinate with existing and new Manufacturing USA institutes to integrate covered entities as active members of the Manufacturing USA institutes, including through the development of preferences in selection criteria for proposals to create new Manufacturing USA institutes or renew existing Manufacturing USA institutes that include one or more covered entities. (b) Covered entitiesFor purposes of this subsection, a covered entity is—(1) an historically Black college and university; (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 regulation); or (5) a rural-serving institution of higher education (as such term is defined in section 1161q of title 20).

42 U.S.C. § 18972 Promoting domestic production of technologies developed under Manufacturing USA Program

(a) Department of Commerce policies to promote domestic production of technologies developed under Manufacturing USA Network(1) Policies(A) In generalEach agency head (as such term is defined in section 278s(a) of title 15) and the Secretary of Defense shall, in consultation with the Secretary of Commerce, establish policies to promote the domestic production of technologies developed by the Manufacturing USA Network. (B) ElementsThe policies established under subparagraph (A) shall include the following:(i) Measures to partner domestic developers of goods, services, or technologies by Manufacturing USA Network activities with domestic manufacturers and sources of financing. (ii) Measures to develop and provide incentives to promote transfer of intellectual property and goods, services, or technologies developed by Manufacturing USA Network activities to domestic manufacturers. (iii) Measures to assist with supplier scouting and other supply chain development, 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, especially from countries of concern, including the People’s Republic of China. (v) Measures to prioritize Federal procurement of goods, services, or technologies developed by the Manufacturing USA Network activities from domestic sources, as appropriate. (C) Processes for waiversThe policies established under this paragraph 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 requirements, 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 generalA company of the People’s Republic of China may not participate in the Manufacturing USA Program without a waiver, as described in paragraph (1)(C). (B) Company definedIn 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 CouncilThe Secretary shall seek advice from the United States Manufacturing Council of the International Trade Administration of the Department of Commerce on matters concerning investment in and support of the manufacturing workforce within the Manufacturing USA Program.

42 U.S.C. § 18921 Definitions

In this subchapter: (1) DirectorThe term “Director” means the Director of the National Institute of Standards and Technology. (2) Enrollment of needy studentsThe term “enrollment of needy students” has the meaning given the term in section 1058(d) of title 20. (3) FrameworkThe term “Framework” means the Framework for Improving Critical Infrastructure Cybersecurity developed by the National Institute of Standards and Technology and referred to in Executive Order No. 13800 issued on May 11, 2017 (82 Fed. Reg. 22391 et seq.). (4) InstituteThe term “Institute” means the National Institute of Standards and Technology. (5) International standards organizationThe term “international standards organization” has the meaning given such term in section 2571 of title 19. (6) SecretaryThe term “Secretary” means the Secretary of Commerce.