,,ii #aagth ,,congress #ast ,session ,s4 #hfi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #ah1 #bjba,mr4 ,coons 7for himself1 ,mr4 ,rubio1 ,ms4 ,hassan1 and ,mr4 ,cornyn7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 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 resources1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,national ,manufacturing ,guard ,act4 #b4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 the ,,covid-#ai pandemic has-- 7,a7 exposed significant vulnerabilities in the manufacturing sector of the economy of the ,united ,states2 and 7,b7 led to equipment shortages1 supply chain bottlenecks1 and workforce misalignments2 7#b7 the vulnerabilities described in paragraph 7#a7 go largely unnoticed until those vulnerabilities are revealed by crises1 such as disease outbreaks1 cyber attacks1 natural disasters1 national security threats1 wars1 trade wars1 embargoes1 and other emergencies2 7#c7 the crises described in paragraph 7#b7 produce valuable information1 the collection and analysis of which can inform policies to fortify the economy of the ,united ,states against future threats2 7#d7 the responsibility for promoting the economic resilience of the ,united ,states lies with the ,federal ,government1 which must not miss the opportunity presented by the ,,covid-#ai pandemic to learn from that crisis and prepare the ,united ,states to better withstand future emergencies2 and 7#e7 the ,federal ,government has an interest in increasing educational and training opportunities for underrepresented minorities1 women1 and veterans4 #c4 ,definitions ,in this ,act3 7#a7 ,council ,the term ,council means the ,supply ,chain ,advisory ,council established under section #e4 7#b7 ,crisis ,the term crisis means a situation that threatens the ability of manufacturers and supply chains in the ,united ,states to provide sufficient critical resources4 7#c7 ,critical resources ,the term critical resources-- 7,a7 means supplies that-- 7i7 are life-sustaining or otherwise critical to the national security of the ,united ,states2 and 7ii7 may be subject to national shortages during a pandemic1 cyber attack1 natural disaster1 or other catastrophic event2 and 7,b7 includes items classified as-- 7i7 personal protective equipment2 7ii7 pharmaceuticals or biopharmaceuticals2 7iii7 medical supplies2 or 7iv7 other resources to be determined by the ,director1 in consultation with the ,council1 which may include healthcare-related supplies or other supplies4 7#d7 ,data ,exchange ,the term ,data ,exchange means the ,supply ,chain ,data ,exchange established under section #g4 7#e7 ,director ,the term ,director means the ,director of the ,office4 7#f7 ,guard ,the term ,guard means the ,national ,manufacturing ,guard established under section #f4 7#g7 ,host organization ,the term host organization means an entity that-- 7,a7 offers an apprenticeship with respect to which there is a registered apprenticeship program 7as defined in section #bi4b of title #bi1 ,code of ,federal ,regulations1 or any successor regulation72 and 7,b7 is-- 7i7 a business2 7ii7 an industry consortium or trade group2 7iii7 a ,manufacturing ,,usa institute2 7iv7 an ,,mep center2 7v7 an academic or research institute1 or 7vi7 a labor organization4 7#h7 ,industry partner ,the term industry partner means a manufacturer1 producer1 supplier1 or distributor of a critical resource4 7#i7 ,manufacturing ,corps ,the term ,manufacturing ,corps means the ,manufacturing ,corps established under section #h4 7#aj7 ,manufacturing ,,usa institute ,the term ,manufacturing ,,usa institute means an institute described in section #cd7;d7 of the ,national ,institute of ,standards and ,technology ,act 7#ae ,u4,s4,c4 #bghs7d774 7#aa7 ,,mep center ,the term ,,mep center has the meaning given the term ,center in section #be7;a7 of the ,national ,institute of ,standards and ,technology ,act 7#ae ,u4,s4,c4 #bghk7a774 7#ab7 ,office ,the term ,office means the ,office of ,supply ,chain ,preparedness established under section #d4 7#ac7 ,registered apprenticeship ,the term registered apprenticeship-- 7,a7 means an apprenticeship with a host organization for which there is a registration of an apprenticeship agreement 7as defined in section #bi4b of title #bi1 ,code of ,federal ,regulations1 or any successor regulation72 and 7,b7 does not include an apprenticeship under an ,industry-,recognized ,apprenticeship ,program under subpart ,b of part #bi of title #bi1 ,code of ,federal ,regulations1 or any successor regulation4 7#ad7 ,secretary ,the term ,secretary means the ,secretary of ,commerce4 #d4 ,office of ,supply ,chain ,preparedness 7a7 ,establishment ,there is established within the ,department of ,commerce the ,office of ,supply ,chain ,preparedness4 7b7 ,director ,the ,office shall be headed by a ,director1 to be appointed by the ,secretary4 7c7 ,purpose ,the purpose of the ,office shall be to-- 7#a7 establish and manage the partnerships of the ,federal ,government with industry partners and ,state1 local1 territorial1 and ,tribal governments to respond to crises2 7#b7 develop capabilities to-- 7,a7 determine which resources qualify as critical resources2 7,b7 make the supply of critical resources more resilient2 and 7,c7 coordinate the distribution of critical resources to areas that have the greatest needs during a crisis2 and 7#c7 develop contingency plans to ensure a robust supply chain response for potential crises4 7d7 ,duties ,the ,director shall-- 7#a7 determine-- 7,a7 the responsibilities of members of the ,council2 and 7,b7 the procedures governing the service of members of the ,council2 7#b7 establish procedures relating to the operation of the ,council1 including the frequency with which the ,council meets2 7#c7 identify critical vulnerabilities in the supply chains of critical resources1 including vulnerabilities exacerbated by the ,,covid-#ai pandemic2 7#d7 coordinate the preparedness and response of the supply chains of critical resources during a crisis by-- 7,a7 coordinating with ,federal agencies2 7,b7 managing partnerships of the ,federal ,government with industry partners2 and 7,c7 directing the ,guard2 7#e7 direct the establishment and operations of the ,guard1 the ,data ,exchange1 and the ,manufacturing ,corps2 and 7#f7 maintain collaborations with industry partners that contribute to the ,data ,exchange4 7e7 ,reports 7#a7 ,report on ,director ,not later than #cj days after the date of enactment of this ,act1 the ,secretary shall submit to ,congress a report relating to the appointment of the ,director4 7#b7 ,report on council ,not later than #ahj days after the date of enactment of this ,act1 the ,director shall submit to ,congress a report that-- 7,a7 identifies the members of the ,council2 and 7,b7 states1 with respect to the members of the ,council-- 7i7 the respective areas of expertise of the members2 and 7ii7 the expected roles of the members4 7#c7 ,report on activities ,not later than #a year after the date of enactment of this ,act1 the ,director shall submit to ,congress a report that includes-- 7,a7 a summary of the activities of the ,council and the ,office2 and 7,b7 a preliminary plan for-- 7i7 the establishment of the ,guard1 the ,data ,exchange1 and the ,manufacturing ,corps1 including cost estimates1 preliminary timelines1 and expected resource needs2 and 7ii7 carrying out the responsibilities of the ,director under sections #f1 #g1 and #h4 7#d7 ,annual report ,not later than #b years after the date of enactment of this ,act1 and annually thereafter1 the ,council shall submit to ,congress a report that includes-- 7,a7 a list of resources that the ,director has determined to be critical resources and the justification for the determination2 7,b7 a list of manufacturing and supply chain vulnerabilities identified under subsection 7d77#c72 and 7,c7 recommendations for mitigating the vulnerabilities listed under subparagraph 7,b74 7f7 ,staff ,the ,director may appoint staff to manage the operations of the ,office and the ,council4 #e4 ,supply ,chain ,advisory ,council 7a7 ,establishment ,the ,secretary shall establish the ,supply ,chain ,advisory ,council4 7b7 ,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 crisis4 7c7 ,composition 7#a7 ,in general ,the ,council shall be comprised of the following members3 7,a7 ,a representative of the ,department of ,health and ,human ,services1 who shall be appointed by the ,secretary of ,health and ,human ,services4 7,b7 ,a representative of the ,department of ,homeland ,security1 who shall be appointed by the ,secretary of ,homeland ,security4 7,c7 ,a representative of the ,department of ,defense1 who shall be appointed by the ,secretary of ,defense4 7,d7 ,a representative of the ,department of ,energy1 who shall be appointed by the ,secretary of ,energy4 7,e7 ,a representative of the ,department of ,transportation1 who shall be appointed by the ,secretary of ,transportation4 7,f7 ,a representative of the ,united ,states ,international ,trade ,commission1 who shall be appointed by the ,chair of the ,united ,states ,international ,trade ,commission4 7,g7 ,a representative of the ,department of ,state1 who shall be appointed by the ,secretary of ,state4 7,h7 ,a representative of the ,office of the ,director of ,national ,intelligence1 who shall be appointed by the ,director of ,national ,intelligence4 7,i7 ,the director of a ,manufacturing ,,usa institute1 who shall be appointed by the ,secretary4 7,j7 ,the director of an ,,mep center1 who shall be appointed by the ,secretary4 7,k7 ,a representative of ,state governments1 who shall be appointed by the ,secretary in1 consultation with ,governors of ,states2 7,l7 ,not less than #a representative of a local1 territorial1 or ,tribal government1 who shall be appointed by the ,secretary4 7,m7 ,not less than #c manufacturing or supply chain experts1 who shall be appointed by the ,secretary and represent each of1 respectively-- 7i7 private industry2 7ii7 labor organizations2 and 7iii7 research institutions4 7#b7 ,additional members ,the ,secretary may appoint additional members to the ,council on a rotating or permanent basis4 7#c7 ,status ,the members of the ,council appointed under subparagraphs 7,k71 7,l71 and 7,m7 of paragraph 7#a7 shall serve as special ,government employees 7as defined in section #bjb of title #ah1 ,united ,states ,code74 7d7 ,duties ,the ,council shall-- 7#a7 convene according to a schedule established by the ,director2 and 7#b7 advise the ,director on carrying out the duties of the ,director under section #d7;d74 7e7 ,permanence ,section #ad of the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to the ,council4 #f4 ,national ,manufacturing ,guard 7a7 ,establishment 7#a7 ,in general ,there is established within the ,office the ,national ,manufacturing ,guard4 7#b7 ,eligibility requirements ,the ,director shall establish eligibility requirements for membership in the ,guard1 which may include-- 7,a7 experience or expertise in manufacturing or logistics2 7,b7 holding a senior-level position in a manufacturing or supply chain organization2 and 7,c7 direct experience in manufacturing and supply chain operations4 7#c7 ,size and organization ,the ,director1 in consultation with the ,council1 shall establish-- 7,a7 the size of the ,guard2 7,b7 the organization of the ,guard2 and 7,c7 the target skillsets of members of the ,guard4 7b7 ,training 7#a7 ,in general ,the ,director1 in consultation with the ,council1 shall establish a training program for members of the ,guard to ensure the readiness of members to perform the duties of the ,guard4 7#b7 ,remote training ,a portion of the training program established under paragraph 7#a7 may be conducted remotely to prepare for crises that may prevent the ,guard from convening in a single physical location4 7#c7 ,crisis simulation ,not less frequently than annually1 the ,director shall hold a full-time training program during which each member of the ,guard1 the ,director1 and the ,council simulate a response to a crisis over a period of not less than #g days4 7c7 ,activation 7#a7 ,in general ,the ,director may activate members of the ,guard-- 7,a7 during a crisis for the purpose of providing expertise and labor to promote the ability of the ,united ,states to procure1 manufacture1 and distribute critical resources2 and 7,b7 to perform full-time training programs under subsection 7b77#c74 7#b7 ,full-time service ,upon an activation under subparagraph 7,a71 the ,director may compel members of the ,guard to active1 full-time service4 7#c7 ,duties ,if the ,director activates the ,guard under paragraph 7#a71 the ,guard may-- 7,a7 share best practices across industry partners2 7,b7 coordinate the manufacturing efforts of industry partners2 7,c7 provide technical assistance to industry partners2 7,d7 procure raw materials or supplies2 7,e7 facilitate communications between industry partners2 7,f7 provide logistics support in the delivery of critical resources2 7,g7 identify suppliers of scarce critical resources2 7,h7 coordinate between private industry1 ,,mep centers1 and ,manufacturing ,,usa institutes2 and 7,i7 conduct any other activities that help provide critical resources to areas of greatest need1 as determined by the ,director1 in consultation with the ,council4 7d7 ,compensation ,the ,director may provide compensation to members of the ,guard at rates to be fixed by the ,secretary without regard to any other law1 including any provision of title #e1 ,united ,states ,code1 and any rule issued under that title4 7e7 ,participation incentives ,the ,director may establish incentives to encourage industry partners to employ members of the ,guard4 7f7 ,office of ,personnel ,management ,the ,secretary1 in coordination with the ,director of the ,office of ,personnel and ,management1 shall establish procedures with respect to the appointment of members of the ,guard and the conditions of employment with respect to those members4 #g4 ,supply chain data exchange 7a7 ,establishment 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,director shall develop a plan to establish the ,supply ,chain ,data ,exchange4 7#b7 ,purpose ,the purpose of the ,data ,exchange shall be to-- 7,a7 allow the ,director to-- 7i7 take account of-- 7,i7 critical resources that have been recently manufactured1 imported1 or distributed2 and 7,,ii7 the ability of industry partners to manufacture critical resources2 and 7ii7 plan the flow of critical resources during a crisis2 7,b7 provide the ,director with an understanding of the volume of critical resources provided by industry partners to enable the ,director to develop plans to-- 7i7 direct the ,guard to assist industry partners in increasing the production capacity of critical resources2 7ii7 alleviate supply chain bottlenecks2 7iii7 allocate supplies of the ,federal ,government to the areas of greatest need2 and 7iv7 coordinate between manufacturers and distributors to mitigate scarcity of critical resources2 7,c7 allow the ,director to predict local or national scarcity of critical resources for the duration of a crisis2 and 7,d7 enable the ,director to direct the ,guard or collaborate with industry partners or ,federal agencies to mitigate scarcities of critical resources4 7#c7 ,contents ,the ,director shall-- 7,a7 solicit data from industry partners relating to the manufacturing output of critical resources2 and 7,b7 add the data received under subparagraph 7,a7 to the ,data ,exchange4 7#d7 ,data privacy 7,a7 ,in general ,in consultation with industry partners1 the ,director may develop security measures that are necessary to protect information in the ,data ,exchange1 including protocols to ensure that1 depending on the nature of information in the ,data ,exchange1 only individuals with the appropriate level of authorization may access the information4 7,b7 ,information disclosure 7i7 ,in general ,the ,director may withhold information obtained from an industry partner under this section only to the extent permitted by law4 7ii7 ,,foia exemption ,unless the disclosure of data described in paragraph 7#c77;,a7 would be consistent with security measures developed under subparagraph 7,a7 of this paragraph1 the data shall be-- 7,i7 withheld from public disclosure2 and 7,,ii7 exempt from disclosure under section #eeb7;b77#c7 of title #e1 ,united ,states ,code4 7,c7 ,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-- 7i7 hosted securely2 and 7ii7 only used for purposes agreed to in advance by the ,director and the industry partner4 7#e7 ,development 7,a7 ,in general ,the ,director1 with the consent of a ,federal agency1 may use the services1 equipment1 personnel1 and facilities of a ,federal agency1 with or without reimbursement1 to-- 7i7 develop the ,data ,exchange2 or 7ii7 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-- 7,i7 necessary functionality to the ,director2 and 7,,ii7 additional functionality to industry partners4 7,b7 ,value to participants ,in order to encourage the participation of industry partners in the ,data ,exchange1 the ,director may develop a ,data ,exchange that provides-- 7i7 value to industry partners outside of a time of crisis2 and 7ii7 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 7#d77;,c74 7#f7 ,participation incentives ,the ,director may establish incentives to encourage the participation and cooperation of industry partners with the ,data ,exchange4 #h4 ,manufacturing ,corps 7a7 ,establishment ,there is established within the ,office the ,manufacturing ,corps4 7b7 ,duties ,the ,manufacturing ,corps shall-- 7#a7 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 ,council2 7#b7 support the development of an innovative and flexible manufacturing workforce in the ,united ,states2 7#c7 provide on-the-job training to members of the ,manufacturing ,corps2 and 7#d7 provide a qualified base of individuals to join the ,guard upon the completion of the ,manufacturing ,corps program4 7c7 ,membership 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,director shall develop criteria for membership in the ,manufacturing ,corps1 which may include a competitive process that evaluates the dedication and enthusiasm of individuals for assisting the public during a crisis4 7#b7 ,preference ,in selecting members of the ,manufacturing ,corps1 the ,director shall give preference to an individual who is-- 7,a7 an underrepresented racial or ethnic minority2 7,b7 a woman2 7,c7 a veteran 7as defined in section #aja of title #ch1 ,united ,states ,code72 or 7,d7 a resident of an underrepresented geographic region4 7#c7 ,term ,the term of a member in the ,manufacturing ,corps shall be for a period of not less than #a year and not more than #b years4 7d7 ,activities 7#a7 ,apprenticeship 7,a7 ,in general ,a member of the ,manufacturing ,corps shall participate in a registered apprenticeship with a host organization for a #a-year period4 7,b7 ,skills ,a registered apprenticeship of a member of the ,manufacturing ,corps with a host organization shall-- 7i7 provide the member with fundamental skills necessary to be successful in a manufacturing or supply chain workforce2 7ii7 qualify the member as a full-time employee of the host organization2 and 7iii7 provide training and career development opportunities4 7#b7 ,training requirement 7,a7 ,initial training ,the ,director shall provide individuals who are selected as members of the ,guard with initial training that-- 7i7 lasts for not fewer than #b1 and not more than #d1 weeks2 7ii7 serves as an orientation for the ,guard2 and 7iii7 includes a survey of basic skills in preparation for a registered apprenticeship4 7,b7 ,periodic training ,the ,director shall provide regular training to members of the ,manufacturing ,corps that-- 7i7 ensures that the members have the ability to serve as effective members of the ,guard2 and 7ii7 enhances the ability of members to contribute to the workforce of the ,united ,states and the ,guard4 7#c7 ,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 law1 including any provision of title #e1 ,united ,states ,code1 and any rule issued under that title4 7e7 ,graduation 7#a7 ,in general ,upon the expiration of the term of a member of the ,manufacturing ,corps1 the ,director shall review the performance of the member in-- 7,a7 the registered apprenticeship under subsection 7d77#a77;,a72 and 7,b7 the training under subsection 7d77#b74 7#b7 ,incentives ,the ,director may establish incentives to encourage members of the ,manufacturing ,corps who receive favorable reviews under paragraph 7#a7 to join the ,guard4 #i4 ,authorization of appropriations ,there are authorized to be appropriated to carry out this ,act #a1jjj1jjj1jjj for the #e-;fiscal year period beginning with fiscal year #bjba4