42 USC 18961 - National Supply Chain Database

U.S Code last checked for updates: Nov 22, 2024

§ 18961.

National Supply Chain Database

(a)

Establishment of National Supply Chain Database

(b)

Purpose

(c)

Study on National Supply Chain Database

(d)

Database and Manufacturing Extension Partnership

(1)

In general

(2)

National view

The 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 general

The 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 construction

(e)

Maintenance of National Supply Chain Database

The 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 content

The 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 system

The 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)

Levels

The 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 exemption

(2)

Limitation on access to content

Access 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 information

(j)

Coordination with National Technology and Industrial Base Council

(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 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 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 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 entities

(2)

Prohibition on new regulatory authority

(Pub. L. 117–167, div. B, title II, § 10253, Aug. 9, 2022, 136 Stat. 1500.)

cite as: 42 USC 18961