[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 869 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                 S. 869

    To establish the Office of Supply Chain Preparedness within the 
 Department of Commerce to manage the partnership of the United States 
 with private industry and State and local governments with respect to 
    the manufacturing of critical resources, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 18, 2021

    Mr. Coons (for himself, Mr. Rubio, Ms. Hassan, and Mr. Cornyn) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
    To establish the Office of Supply Chain Preparedness within the 
 Department of Commerce to manage the partnership of the United States 
 with private industry and State and local governments with respect to 
    the manufacturing of critical resources, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Manufacturing Guard Act''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the COVID-19 pandemic has--
                    (A) exposed significant vulnerabilities in the 
                manufacturing sector of the economy of the United 
                States; and
                    (B) led to equipment shortages, supply chain 
                bottlenecks, and workforce misalignments;
            (2) the vulnerabilities described in paragraph (1) go 
        largely unnoticed until those vulnerabilities are revealed by 
        crises, such as disease outbreaks, cyber attacks, natural 
        disasters, national security threats, wars, trade wars, 
        embargoes, and other emergencies;
            (3) the crises described in paragraph (2) produce valuable 
        information, the collection and analysis of which can inform 
        policies to fortify the economy of the United States against 
        future threats;
            (4) the responsibility for promoting the economic 
        resilience of the United States lies with the Federal 
        Government, which must not miss the opportunity presented by 
        the COVID-19 pandemic to learn from that crisis and prepare the 
        United States to better withstand future emergencies; and
            (5) the Federal Government has an interest in increasing 
        educational and training opportunities for underrepresented 
        minorities, women, and veterans.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Council.--The term ``Council'' means the Supply Chain 
        Advisory Council established under section 5.
            (2) Crisis.--The term ``crisis'' means a situation that 
        threatens the ability of manufacturers and supply chains in the 
        United States to provide sufficient critical resources.
            (3) Critical resources.--The term ``critical resources''--
                    (A) means supplies that--
                            (i) are life-sustaining or otherwise 
                        critical to the national security of the United 
                        States; and
                            (ii) may be subject to national shortages 
                        during a pandemic, cyber attack, natural 
                        disaster, or other catastrophic event; and
                    (B) includes items classified as--
                            (i) personal protective equipment;
                            (ii) pharmaceuticals or biopharmaceuticals;
                            (iii) medical supplies; or
                            (iv) other resources to be determined by 
                        the Director, in consultation with the Council, 
                        which may include healthcare-related supplies 
                        or other supplies.
            (4) Data exchange.--The term ``Data Exchange'' means the 
        Supply Chain Data Exchange established under section 7.
            (5) Director.--The term ``Director'' means the Director of 
        the Office.
            (6) Guard.--The term ``Guard'' means the National 
        Manufacturing Guard established under section 6.
            (7) Host organization.--The term ``host organization'' 
        means an entity that--
                    (A) offers an apprenticeship with respect to which 
                there is a registered apprenticeship program (as 
                defined in section 29.2 of title 29, Code of Federal 
                Regulations, or any successor regulation); and
                    (B) is--
                            (i) a business;
                            (ii) an industry consortium or trade group;
                            (iii) a Manufacturing USA institute;
                            (iv) an MEP center;
                            (v) an academic or research institute, or
                            (vi) a labor organization.
            (8) Industry partner.--The term ``industry partner'' means 
        a manufacturer, producer, supplier, or distributor of a 
        critical resource.
            (9) Manufacturing corps.--The term ``Manufacturing Corps'' 
        means the Manufacturing Corps established under section 8.
            (10) Manufacturing usa institute.--The term ``Manufacturing 
        USA institute'' means an institute described in section 34(d) 
        of the National Institute of Standards and Technology Act (15 
        U.S.C. 278s(d)).
            (11) MEP center.--The term ``MEP center'' has the meaning 
        given the term ``Center'' in section 25(a) of the National 
        Institute of Standards and Technology Act (15 U.S.C. 278k(a)).
            (12) Office.--The term ``Office'' means the Office of 
        Supply Chain Preparedness established under section 4.
            (13) Registered apprenticeship.--The term ``registered 
        apprenticeship''--
                    (A) means an apprenticeship with a host 
                organization for which there is a registration of an 
                apprenticeship agreement (as defined in section 29.2 of 
                title 29, Code of Federal Regulations, or any successor 
                regulation); and
                    (B) does not include an apprenticeship under an 
                Industry-Recognized Apprenticeship Program under 
                subpart B of part 29 of title 29, Code of Federal 
                Regulations, or any successor regulation.
            (14) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.

SEC. 4. OFFICE OF SUPPLY CHAIN PREPAREDNESS.

    (a) Establishment.--There is established within the Department of 
Commerce the Office of Supply Chain Preparedness.
    (b) Director.--The Office shall be headed by a Director, to be 
appointed by the Secretary.
    (c) Purpose.--The purpose of the Office shall be to--
            (1) establish and manage the partnerships of the Federal 
        Government with industry partners and State, local, 
        territorial, and Tribal governments to respond to crises;
            (2) develop capabilities to--
                    (A) determine which resources qualify as critical 
                resources;
                    (B) make the supply of critical resources more 
                resilient; and
                    (C) coordinate the distribution of critical 
                resources to areas that have the greatest needs during 
                a crisis; and
            (3) develop contingency plans to ensure a robust supply 
        chain response for potential crises.
    (d) Duties.--The Director shall--
            (1) determine--
                    (A) the responsibilities of members of the Council; 
                and
                    (B) the procedures governing the service of members 
                of the Council;
            (2) establish procedures relating to the operation of the 
        Council, including the frequency with which the Council meets;
            (3) identify critical vulnerabilities in the supply chains 
        of critical resources, including vulnerabilities exacerbated by 
        the COVID-19 pandemic;
            (4) coordinate the preparedness and response of the supply 
        chains of critical resources during a crisis by--
                    (A) coordinating with Federal agencies;
                    (B) managing partnerships of the Federal Government 
                with industry partners; and
                    (C) directing the Guard;
            (5) direct the establishment and operations of the Guard, 
        the Data Exchange, and the Manufacturing Corps; and
            (6) maintain collaborations with industry partners that 
        contribute to the Data Exchange.
    (e) Reports.--
            (1) Report on director.--Not later than 30 days after the 
        date of enactment of this Act, the Secretary shall submit to 
        Congress a report relating to the appointment of the Director.
            (2) Report on council.--Not later than 180 days after the 
        date of enactment of this Act, the Director shall submit to 
        Congress a report that--
                    (A) identifies the members of the Council; and
                    (B) states, with respect to the members of the 
                Council--
                            (i) the respective areas of expertise of 
                        the members; and
                            (ii) the expected roles of the members.
            (3) Report on activities.--Not later than 1 year after the 
        date of enactment of this Act, the Director shall submit to 
        Congress a report that includes--
                    (A) a summary of the activities of the Council and 
                the Office; and
                    (B) a preliminary plan for--
                            (i) the establishment of the Guard, the 
                        Data Exchange, and the Manufacturing Corps, 
                        including cost estimates, preliminary 
                        timelines, and expected resource needs; and
                            (ii) carrying out the responsibilities of 
                        the Director under sections 6, 7, and 8.
            (4) Annual report.--Not later than 2 years after the date 
        of enactment of this Act, and annually thereafter, the Council 
        shall submit to Congress a report that includes--
                    (A) a list of resources that the Director has 
                determined to be critical resources and the 
                justification for the determination;
                    (B) a list of manufacturing and supply chain 
                vulnerabilities identified under subsection (d)(3); and
                    (C) recommendations for mitigating the 
                vulnerabilities listed under subparagraph (B).
    (f) Staff.--The Director may appoint staff to manage the operations 
of the Office and the Council.

SEC. 5. SUPPLY CHAIN ADVISORY COUNCIL.

    (a) Establishment.--The Secretary shall establish the Supply Chain 
Advisory Council.
    (b) Purpose.--The purpose of the Council is to advise the Director 
on manufacturing and supply chain logistics that would be necessary to 
direct the response of the supply chain of the United States during a 
crisis.
    (c) Composition.--
            (1) In general.--The Council shall be comprised of the 
        following members:
                    (A) A representative of the Department of Health 
                and Human Services, who shall be appointed by the 
                Secretary of Health and Human Services.
                    (B) A representative of the Department of Homeland 
                Security, who shall be appointed by the Secretary of 
                Homeland Security.
                    (C) A representative of the Department of Defense, 
                who shall be appointed by the Secretary of Defense.
                    (D) A representative of the Department of Energy, 
                who shall be appointed by the Secretary of Energy.
                    (E) A representative of the Department of 
                Transportation, who shall be appointed by the Secretary 
                of Transportation.
                    (F) A representative of the United States 
                International Trade Commission, who shall be appointed 
                by the Chair of the United States International Trade 
                Commission.
                    (G) A representative of the Department of State, 
                who shall be appointed by the Secretary of State.
                    (H) A representative of the Office of the Director 
                of National Intelligence, who shall be appointed by the 
                Director of National Intelligence.
                    (I) The director of a Manufacturing USA institute, 
                who shall be appointed by the Secretary.
                    (J) The director of an MEP center, who shall be 
                appointed by the Secretary.
                    (K) A representative of State governments, who 
                shall be appointed by the Secretary in, consultation 
                with Governors of States;
                    (L) Not less than 1 representative of a local, 
                territorial, or Tribal government, who shall be 
                appointed by the Secretary.
                    (M) Not less than 3 manufacturing or supply chain 
                experts, who shall be appointed by the Secretary and 
                represent each of, respectively--
                            (i) private industry;
                            (ii) labor organizations; and
                            (iii) research institutions.
            (2) Additional members.--The Secretary may appoint 
        additional members to the Council on a rotating or permanent 
        basis.
            (3) Status.--The members of the Council appointed under 
        subparagraphs (K), (L), and (M) of paragraph (1) shall serve as 
        special Government employees (as defined in section 202 of 
        title 18, United States Code).
    (d) Duties.--The Council shall--
            (1) convene according to a schedule established by the 
        Director; and
            (2) advise the Director on carrying out the duties of the 
        Director under section 4(d).
    (e) Permanence.--Section 14 of the Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to the Council.

SEC. 6. NATIONAL MANUFACTURING GUARD.

    (a) Establishment.--
            (1) In general.--There is established within the Office the 
        National Manufacturing Guard.
            (2) Eligibility requirements.--The Director shall establish 
        eligibility requirements for membership in the Guard, which may 
        include--
                    (A) experience or expertise in manufacturing or 
                logistics;
                    (B) holding a senior-level position in a 
                manufacturing or supply chain organization; and
                    (C) direct experience in manufacturing and supply 
                chain operations.
            (3) Size and organization.--The Director, in consultation 
        with the Council, shall establish--
                    (A) the size of the Guard;
                    (B) the organization of the Guard; and
                    (C) the target skillsets of members of the Guard.
    (b) Training.--
            (1) In general.--The Director, in consultation with the 
        Council, shall establish a training program for members of the 
        Guard to ensure the readiness of members to perform the duties 
        of the Guard.
            (2) Remote training.--A portion of the training program 
        established under paragraph (1) may be conducted remotely to 
        prepare for crises that may prevent the Guard from convening in 
        a single physical location.
            (3) Crisis simulation.--Not less frequently than annually, 
        the Director shall hold a full-time training program during 
        which each member of the Guard, the Director, and the Council 
        simulate a response to a crisis over a period of not less than 
        7 days.
    (c) Activation.--
            (1) In general.--The Director may activate members of the 
        Guard--
                    (A) during a crisis for the purpose of providing 
                expertise and labor to promote the ability of the 
                United States to procure, manufacture, and distribute 
                critical resources; and
                    (B) to perform full-time training programs under 
                subsection (b)(3).
            (2) Full-time service.--Upon an activation under 
        subparagraph (A), the Director may compel members of the Guard 
        to active, full-time service.
            (3) Duties.--If the Director activates the Guard under 
        paragraph (1), the Guard may--
                    (A) share best practices across industry partners;
                    (B) coordinate the manufacturing efforts of 
                industry partners;
                    (C) provide technical assistance to industry 
                partners;
                    (D) procure raw materials or supplies;
                    (E) facilitate communications between industry 
                partners;
                    (F) provide logistics support in the delivery of 
                critical resources;
                    (G) identify suppliers of scarce critical 
                resources;
                    (H) coordinate between private industry, MEP 
                centers, and Manufacturing USA institutes; and
                    (I) conduct any other activities that help provide 
                critical resources to areas of greatest need, as 
                determined by the Director, in consultation with the 
                Council.
    (d) Compensation.--The Director may provide compensation to members 
of the Guard at rates to be fixed by the Secretary without regard to 
any other law, including any provision of title 5, United States Code, 
and any rule issued under that title.
    (e) Participation Incentives.--The Director may establish 
incentives to encourage industry partners to employ members of the 
Guard.
    (f) Office of Personnel Management.--The Secretary, in coordination 
with the Director of the Office of Personnel and Management, shall 
establish procedures with respect to the appointment of members of the 
Guard and the conditions of employment with respect to those members.

SEC. 7. SUPPLY CHAIN DATA EXCHANGE.

    (a) Establishment.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Director shall develop a plan to 
        establish the Supply Chain Data Exchange.
            (2) Purpose.--The purpose of the Data Exchange shall be 
        to--
                    (A) allow the Director to--
                            (i) take account of--
                                    (I) critical resources that have 
                                been recently manufactured, imported, 
                                or distributed; and
                                    (II) the ability of industry 
                                partners to manufacture critical 
                                resources; and
                            (ii) plan the flow of critical resources 
                        during a crisis;
                    (B) provide the Director with an understanding of 
                the volume of critical resources provided by industry 
                partners to enable the Director to develop plans to--
                            (i) direct the Guard to assist industry 
                        partners in increasing the production capacity 
                        of critical resources;
                            (ii) alleviate supply chain bottlenecks;
                            (iii) allocate supplies of the Federal 
                        Government to the areas of greatest need; and
                            (iv) coordinate between manufacturers and 
                        distributors to mitigate scarcity of critical 
                        resources;
                    (C) allow the Director to predict local or national 
                scarcity of critical resources for the duration of a 
                crisis; and
                    (D) enable the Director to direct the Guard or 
                collaborate with industry partners or Federal agencies 
                to mitigate scarcities of critical resources.
            (3) Contents.--The Director shall--
                    (A) solicit data from industry partners relating to 
                the manufacturing output of critical resources; and
                    (B) add the data received under subparagraph (A) to 
                the Data Exchange.
            (4) Data privacy.--
                    (A) In general.--In consultation with industry 
                partners, the Director may develop security measures 
                that are necessary to protect information in the Data 
                Exchange, including protocols to ensure that, depending 
                on the nature of information in the Data Exchange, only 
                individuals with the appropriate level of authorization 
                may access the information.
                    (B) Information disclosure.--
                            (i) In general.--The Director may withhold 
                        information obtained from an industry partner 
                        under this section only to the extent permitted 
                        by law.
                            (ii) FOIA exemption.--Unless the disclosure 
                        of data described in paragraph (3)(A) would be 
                        consistent with security measures developed 
                        under subparagraph (A) of this paragraph, the 
                        data shall be--
                                    (I) withheld from public 
                                disclosure; and
                                    (II) exempt from disclosure under 
                                section 552(b)(3) of title 5, United 
                                States Code.
                    (C) Usage agreements.--The Director shall develop a 
                usage agreement for the Data Exchange to ensure that 
                data shared to the Data Exchange by an industry partner 
                is--
                            (i) hosted securely; and
                            (ii) only used for purposes agreed to in 
                        advance by the Director and the industry 
                        partner.
            (5) Development.--
                    (A) In general.--The Director, with the consent of 
                a Federal agency, may use the services, equipment, 
                personnel, and facilities of a Federal agency, with or 
                without reimbursement, to--
                            (i) develop the Data Exchange; or
                            (ii) identify a data exchange existing on 
                        the date of enactment of this Act that can be 
                        modified to have the capacity to host the Data 
                        Exchange required under this section that 
                        provides--
                                    (I) necessary functionality to the 
                                Director; and
                                    (II) additional functionality to 
                                industry partners.
                    (B) Value to participants.--In order to encourage 
                the participation of industry partners in the Data 
                Exchange, the Director may develop a Data Exchange that 
                provides--
                            (i) value to industry partners outside of a 
                        time of crisis; and
                            (ii) access to aggregated data or analytics 
                        to industry partners that participate in the 
                        Data Exchange that complies with the provisions 
                        of the usage agreement developed under 
                        paragraph (4)(C).
            (6) Participation incentives.--The Director may establish 
        incentives to encourage the participation and cooperation of 
        industry partners with the Data Exchange.

SEC. 8. MANUFACTURING CORPS.

    (a) Establishment.--There is established within the Office the 
Manufacturing Corps.
    (b) Duties.--The Manufacturing Corps shall--
            (1) function as a workforce development program that 
        prioritizes the training of manufacturing skills determined to 
        be essential to the economic security of the United States by 
        the Director and the Council;
            (2) support the development of an innovative and flexible 
        manufacturing workforce in the United States;
            (3) provide on-the-job training to members of the 
        Manufacturing Corps; and
            (4) provide a qualified base of individuals to join the 
        Guard upon the completion of the Manufacturing Corps program.
    (c) Membership.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Director shall develop criteria for 
        membership in the Manufacturing Corps, which may include a 
        competitive process that evaluates the dedication and 
        enthusiasm of individuals for assisting the public during a 
        crisis.
            (2) Preference.--In selecting members of the Manufacturing 
        Corps, the Director shall give preference to an individual who 
        is--
                    (A) an underrepresented racial or ethnic minority;
                    (B) a woman;
                    (C) a veteran (as defined in section 101 of title 
                38, United States Code); or
                    (D) a resident of an underrepresented geographic 
                region.
            (3) Term.--The term of a member in the Manufacturing Corps 
        shall be for a period of not less than 1 year and not more than 
        2 years.
    (d) Activities.--
            (1) Apprenticeship.--
                    (A) In general.--A member of the Manufacturing 
                Corps shall participate in a registered apprenticeship 
                with a host organization for a 1-year period.
                    (B) Skills.--A registered apprenticeship of a 
                member of the Manufacturing Corps with a host 
                organization shall--
                            (i) provide the member with fundamental 
                        skills necessary to be successful in a 
                        manufacturing or supply chain workforce;
                            (ii) qualify the member as a full-time 
                        employee of the host organization; and
                            (iii) provide training and career 
                        development opportunities.
            (2) Training requirement.--
                    (A) Initial training.--The Director shall provide 
                individuals who are selected as members of the Guard 
                with initial training that--
                            (i) lasts for not fewer than 2, and not 
                        more than 4, weeks;
                            (ii) serves as an orientation for the 
                        Guard; and
                            (iii) includes a survey of basic skills in 
                        preparation for a registered apprenticeship.
                    (B) Periodic training.--The Director shall provide 
                regular training to members of the Manufacturing Corps 
                that--
                            (i) ensures that the members have the 
                        ability to serve as effective members of the 
                        Guard; and
                            (ii) enhances the ability of members to 
                        contribute to the workforce of the United 
                        States and the Guard.
            (3) Compensation.--The Director may provide supplemental 
        compensation to members of the Manufacturing Corps at rates to 
        be fixed by the Secretary without regard to any other law, 
        including any provision of title 5, United States Code, and any 
        rule issued under that title.
    (e) Graduation.--
            (1) In general.--Upon the expiration of the term of a 
        member of the Manufacturing Corps, the Director shall review 
        the performance of the member in--
                    (A) the registered apprenticeship under subsection 
                (d)(1)(A); and
                    (B) the training under subsection (d)(2).
            (2) Incentives.--The Director may establish incentives to 
        encourage members of the Manufacturing Corps who receive 
        favorable reviews under paragraph (1) to join the Guard.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act 
$1,000,000,000 for the 5-fiscal year period beginning with fiscal year 
2021.
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