[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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