II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Manufac5 turing Guard Act’’. 

6 SEC. 2. SENSE OF CONGRESS. 

7 It is the sense of Congress that— 


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1 (1) the COVID–19 pandemic has— 

2 (A) exposed significant vulnerabilities in 

3 the manufacturing sector of the economy of the 

4 United States; and 

5 (B) led to equipment shortages, supply 

6 chain bottlenecks, and workforce misalignments; 

7 (2) the vulnerabilities described in paragraph 

8 (1) go largely unnoticed until those vulnerabilities 

9 are revealed by crises, such as disease outbreaks, 

10 cyber attacks, natural disasters, national security 

11 threats, wars, trade wars, embargoes, and other 

12 emergencies; 

13 (3) the crises described in paragraph (2) 

14 produce valuable information, the collection and 

15 analysis of which can inform policies to fortify the 

16 economy of the United States against future threats; 

17 (4) the responsibility for promoting the eco18 nomic resilience of the United States lies with the 

19 Federal Government, which must not miss the op20 portunity presented by the COVID–19 pandemic to 

21 learn from that crisis and prepare the United States 

22 to better withstand future emergencies; and 

23 (5) the Federal Government has an interest in 

24 increasing educational and training opportunities for 

25 underrepresented minorities, women, and veterans. 


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1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) COUNCIL.—The term ‘‘Council’’ means the 

4 Supply Chain Advisory Council established under 

5 section 5. 

6 (2) CRISIS.—The term ‘‘crisis’’ means a situa7 tion that threatens the ability of manufacturers and 

8 supply chains in the United States to provide suffi9 cient critical resources. 

10 (3) CRITICAL RESOURCES.—The term ‘‘critical 

11 resources’’— 

12 (A) means supplies that— 

13 (i) are life-sustaining or otherwise 

14 critical to the national security of the 

15 United States; and 

16 (ii) may be subject to national short17 ages during a pandemic, cyber attack, nat18 ural disaster, or other catastrophic event; 

19 and 

20 (B) includes items classified as— 

21 (i) personal protective equipment; 

22 (ii) pharmaceuticals or biopharma23 ceuticals; 

24 (iii) medical supplies; or 

25 (iv) other resources to be determined 

26 by the Director, in consultation with the 


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1 Council, which may include healthcare-re2 lated supplies or other supplies. 

3 (4) DATA EXCHANGE.—The term ‘‘Data Ex4 change’’ means the Supply Chain Data Exchange es5 tablished under section 7. 

6 (5) DIRECTOR.—The term ‘‘Director’’ means 

7 the Director of the Office. 

8 (6) GUARD.—The term ‘‘Guard’’ means the 

9 National Manufacturing Guard established under 

10 section 6. 

11 (7) HOST ORGANIZATION.—The term ‘‘host or12 ganization’’ means an entity that— 

13 (A) offers an apprenticeship with respect 

14 to which there is a registered apprenticeship 

15 program (as defined in section 29.2 of title 29, 

16 Code of Federal Regulations, or any successor 

17 regulation); and 

18 (B) is— 

19 (i) a business; 

20 (ii) an industry consortium or trade 

21 group; 

22 (iii) a Manufacturing USA institute; 

23 (iv) an MEP center; 

24 (v) an academic or research institute, 

25 or 


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1 (vi) a labor organization. 

2 (8) INDUSTRY PARTNER.—The term ‘‘industry 

3 partner’’ means a manufacturer, producer, supplier, 

4 or distributor of a critical resource. 

5 (9) MANUFACTURING CORPS.—The term ‘‘Man6 ufacturing Corps’’ means the Manufacturing Corps 

7 established under section 8. 

8 (10) MANUFACTURING USA INSTITUTE.—The 

9 term ‘‘Manufacturing USA institute’’ means an in10 stitute described in section 34(d) of the National In11 stitute of Standards and Technology Act (15 U.S.C. 

12 278s(d)). 

13 (11) MEP CENTER.—The term ‘‘MEP center’’ 

14 has the meaning given the term ‘‘Center’’ in section 

15 25(a) of the National Institute of Standards and 

16 Technology Act (15 U.S.C. 278k(a)). 

17 (12) OFFICE.—The term ‘‘Office’’ means the 

18 Office of Supply Chain Preparedness established 

19 under section 4. 

20 (13) REGISTERED APPRENTICESHIP.—The term 

21 ‘‘registered apprenticeship’’— 

22 (A) means an apprenticeship with a host 

23 organization for which there is a registration of 

24 an apprenticeship agreement (as defined in secVerDate Sep 11 2014 22:34 Apr 11, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S869.IS S869

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1 tion 29.2 of title 29, Code of Federal Regula2 tions, or any successor regulation); and 

3 (B) does not include an apprenticeship 

4 under an Industry-Recognized Apprenticeship 

5 Program under subpart B of part 29 of title 

6 29, Code of Federal Regulations, or any suc7 cessor regulation. 

8 (14) SECRETARY.—The term ‘‘Secretary’’ 

9 means the Secretary of Commerce. 

10 SEC. 4. OFFICE OF SUPPLY CHAIN PREPAREDNESS. 

11 (a) ESTABLISHMENT.—There is established within 

12 the Department of Commerce the Office of Supply Chain 

13 Preparedness. 

14 (b) DIRECTOR.—The Office shall be headed by a Di15 rector, to be appointed by the Secretary. 

16 (c) PURPOSE.—The purpose of the Office shall be 

17 to— 

18 (1) establish and manage the partnerships of 

19 the Federal Government with industry partners and 

20 State, local, territorial, and Tribal governments to 

21 respond to crises; 

22 (2) develop capabilities to— 

23 (A) determine which resources qualify as 

24 critical resources; 


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1 (B) make the supply of critical resources 

2 more resilient; and 

3 (C) coordinate the distribution of critical 

4 resources to areas that have the greatest needs 

5 during a crisis; and 

6 (3) develop contingency plans to ensure a ro7 bust supply chain response for potential crises. 

8 (d) DUTIES.—The Director shall— 

9 (1) determine— 

10 (A) the responsibilities of members of the 

11 Council; and 

12 (B) the procedures governing the service of 

13 members of the Council; 

14 (2) establish procedures relating to the oper15 ation of the Council, including the frequency with 

16 which the Council meets; 

17 (3) identify critical vulnerabilities in the supply 

18 chains of critical resources, including vulnerabilities 

19 exacerbated by the COVID–19 pandemic; 

20 (4) coordinate the preparedness and response of 

21 the supply chains of critical resources during a crisis 

22 by— 

23 (A) coordinating with Federal agencies; 

24 (B) managing partnerships of the Federal 

25 Government with industry partners; and 


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1 (C) directing the Guard; 

2 (5) direct the establishment and operations of 

3 the Guard, the Data Exchange, and the Manufac4 turing Corps; and 

5 (6) maintain collaborations with industry part6 ners that contribute to the Data Exchange. 

7 (e) REPORTS.— 

8 (1) REPORT ON DIRECTOR.—Not later than 30 

9 days after the date of enactment of this Act, the 

10 Secretary shall submit to Congress a report relating 

11 to the appointment of the Director. 

12 (2) REPORT ON COUNCIL.—Not later than 180 

13 days after the date of enactment of this Act, the Di14 rector shall submit to Congress a report that— 

15 (A) identifies the members of the Council; 

16 and 

17 (B) states, with respect to the members of 

18 the Council— 

19 (i) the respective areas of expertise of 

20 the members; and 

21 (ii) the expected roles of the members. 

22 (3) REPORT ON ACTIVITIES.—Not later than 1 

23 year after the date of enactment of this Act, the Di24 rector shall submit to Congress a report that in25 cludes— 


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1 (A) a summary of the activities of the 

2 Council and the Office; and 

3 (B) a preliminary plan for— 

4 (i) the establishment of the Guard, 

5 the Data Exchange, and the Manufac6 turing Corps, including cost estimates, pre7 liminary timelines, and expected resource 

8 needs; and 

9 (ii) carrying out the responsibilities of 

10 the Director under sections 6, 7, and 8. 

11 (4) ANNUAL REPORT.—Not later than 2 years 

12 after the date of enactment of this Act, and annually 

13 thereafter, the Council shall submit to Congress a 

14 report that includes— 

15 (A) a list of resources that the Director 

16 has determined to be critical resources and the 

17 justification for the determination; 

18 (B) a list of manufacturing and supply 

19 chain vulnerabilities identified under subsection 

20 (d)(3); and 

21 (C) recommendations for mitigating the 

22 vulnerabilities listed under subparagraph (B). 

23 (f) STAFF.—The Director may appoint staff to man24 age the operations of the Office and the Council. 


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1 SEC. 5. SUPPLY CHAIN ADVISORY COUNCIL. 

2 (a) ESTABLISHMENT.—The Secretary shall establish 

3 the Supply Chain Advisory Council. 

4 (b) PURPOSE.—The purpose of the Council is to ad5 vise the Director on manufacturing and supply chain logis6 tics that would be necessary to direct the response of the 

7 supply chain of the United States during a crisis. 

8 (c) COMPOSITION.— 

9 (1) IN GENERAL.—The Council shall be com10 prised of the following members: 

11 (A) A representative of the Department of 

12 Health and Human Services, who shall be ap13 pointed by the Secretary of Health and Human 

14 Services. 

15 (B) A representative of the Department of 

16 Homeland Security, who shall be appointed by 

17 the Secretary of Homeland Security. 

18 (C) A representative of the Department of 

19 Defense, who shall be appointed by the Sec20 retary of Defense. 

21 (D) A representative of the Department of 

22 Energy, who shall be appointed by the Sec23 retary of Energy. 

24 (E) A representative of the Department of 

25 Transportation, who shall be appointed by the 

26 Secretary of Transportation. 


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1 (F) A representative of the United States 

2 International Trade Commission, who shall be 

3 appointed by the Chair of the United States 

4 International Trade Commission. 

5 (G) A representative of the Department of 

6 State, who shall be appointed by the Secretary 

7 of State. 

8 (H) A representative of the Office of the 

9 Director of National Intelligence, who shall be 

10 appointed by the Director of National Intel11 ligence. 

12 (I) The director of a Manufacturing USA 

13 institute, who shall be appointed by the Sec14 retary. 

15 (J) The director of an MEP center, who 

16 shall be appointed by the Secretary. 

17 (K) A representative of State governments, 

18 who shall be appointed by the Secretary in, con19 sultation with Governors of States; 

20 (L) Not less than 1 representative of a 

21 local, territorial, or Tribal government, who 

22 shall be appointed by the Secretary. 

23 (M) Not less than 3 manufacturing or sup24 ply chain experts, who shall be appointed by the 

25 Secretary and represent each of, respectively— 


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1 (i) private industry; 

2 (ii) labor organizations; and 

3 (iii) research institutions. 

4 (2) ADDITIONAL MEMBERS.—The Secretary 

5 may appoint additional members to the Council on 

6 a rotating or permanent basis. 

7 (3) STATUS.—The members of the Council ap8 pointed under subparagraphs (K), (L), and (M) of 

9 paragraph (1) shall serve as special Government em10 ployees (as defined in section 202 of title 18, United 

11 States Code). 

12 (d) DUTIES.—The Council shall— 

13 (1) convene according to a schedule established 

14 by the Director; and 

15 (2) advise the Director on carrying out the du16 ties of the Director under section 4(d). 

17 (e) PERMANENCE.—Section 14 of the Federal Advi18 sory Committee Act (5 U.S.C. App.) shall not apply to 

19 the Council. 

20 SEC. 6. NATIONAL MANUFACTURING GUARD. 

21 (a) ESTABLISHMENT.— 

22 (1) IN GENERAL.—There is established within 

23 the Office the National Manufacturing Guard. 


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1 (2) ELIGIBILITY REQUIREMENTS.—The Direc2 tor shall establish eligibility requirements for mem3 bership in the Guard, which may include— 

4 (A) experience or expertise in manufac5 turing or logistics; 

6 (B) holding a senior-level position in a 

7 manufacturing or supply chain organization; 

8 and 

9 (C) direct experience in manufacturing and 

10 supply chain operations. 

11 (3) SIZE AND ORGANIZATION.—The Director, in 

12 consultation with the Council, shall establish— 

13 (A) the size of the Guard; 

14 (B) the organization of the Guard; and 

15 (C) the target skillsets of members of the 

16 Guard. 

17 (b) TRAINING.— 

18 (1) IN GENERAL.—The Director, in consulta19 tion with the Council, shall establish a training pro20 gram for members of the Guard to ensure the readi21 ness of members to perform the duties of the Guard. 

22 (2) REMOTE TRAINING.—A portion of the train23 ing program established under paragraph (1) may 

24 be conducted remotely to prepare for crises that may 


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1 prevent the Guard from convening in a single phys2 ical location. 

3 (3) CRISIS SIMULATION.—Not less frequently 

4 than annually, the Director shall hold a full-time 

5 training program during which each member of the 

6 Guard, the Director, and the Council simulate a re7 sponse to a crisis over a period of not less than 7 

8 days. 

9 (c) ACTIVATION.— 

10 (1) IN GENERAL.—The Director may activate 

11 members of the Guard— 

12 (A) during a crisis for the purpose of pro13 viding expertise and labor to promote the ability 

14 of the United States to procure, manufacture, 

15 and distribute critical resources; and 

16 (B) to perform full-time training programs 

17 under subsection (b)(3). 

18 (2) FULL-TIME SERVICE.—Upon an activation 

19 under subparagraph (A), the Director may compel 

20 members of the Guard to active, full-time service. 

21 (3) DUTIES.—If the Director activates the 

22 Guard under paragraph (1), the Guard may— 

23 (A) share best practices across industry 

24 partners; 


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1 (B) coordinate the manufacturing efforts 

2 of industry partners; 

3 (C) provide technical assistance to industry 

4 partners; 

5 (D) procure raw materials or supplies; 

6 (E) facilitate communications between in7 dustry partners; 

8 (F) provide logistics support in the delivery 

9 of critical resources; 

10 (G) identify suppliers of scarce critical re11 sources; 

12 (H) coordinate between private industry, 

13 MEP centers, and Manufacturing USA insti14 tutes; and 

15 (I) conduct any other activities that help 

16 provide critical resources to areas of greatest 

17 need, as determined by the Director, in con18 sultation with the Council. 

19 (d) COMPENSATION.—The Director may provide 

20 compensation to members of the Guard at rates to be fixed 

21 by the Secretary without regard to any other law, includ22 ing any provision of title 5, United States Code, and any 

23 rule issued under that title. 


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1 (e) PARTICIPATION INCENTIVES.—The Director may 

2 establish incentives to encourage industry partners to em3 ploy members of the Guard. 

4 (f) OFFICE OF PERSONNEL MANAGEMENT.—The 

5 Secretary, in coordination with the Director of the Office 

6 of Personnel and Management, shall establish procedures 

7 with respect to the appointment of members of the Guard 

8 and the conditions of employment with respect to those 

9 members. 

10 SEC. 7. SUPPLY CHAIN DATA EXCHANGE. 

11 (a) ESTABLISHMENT.— 

12 (1) IN GENERAL.—Not later than 1 year after 

13 the date of enactment of this Act, the Director shall 

14 develop a plan to establish the Supply Chain Data 

15 Exchange. 

16 (2) PURPOSE.—The purpose of the Data Ex17 change shall be to— 

18 (A) allow the Director to— 

19 (i) take account of— 

20 (I) critical resources that have 

21 been recently manufactured, imported, 

22 or distributed; and 

23 (II) the ability of industry part24 ners to manufacture critical resources; 

25 and 


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1 (ii) plan the flow of critical resources 

2 during a crisis; 

3 (B) provide the Director with an under4 standing of the volume of critical resources pro5 vided by industry partners to enable the Direc6 tor to develop plans to— 

7 (i) direct the Guard to assist industry 

8 partners in increasing the production ca9 pacity of critical resources; 

10 (ii) alleviate supply chain bottlenecks; 

11 (iii) allocate supplies of the Federal 

12 Government to the areas of greatest need; 

13 and 

14 (iv) coordinate between manufacturers 

15 and distributors to mitigate scarcity of 

16 critical resources; 

17 (C) allow the Director to predict local or 

18 national scarcity of critical resources for the du19 ration of a crisis; and 

20 (D) enable the Director to direct the 

21 Guard or collaborate with industry partners or 

22 Federal agencies to mitigate scarcities of crit23 ical resources. 

24 (3) CONTENTS.—The Director shall— 


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1 (A) solicit data from industry partners re2 lating to the manufacturing output of critical 

3 resources; and 

4 (B) add the data received under subpara5 graph (A) to the Data Exchange. 

6 (4) DATA PRIVACY.— 

7 (A) IN GENERAL.—In consultation with in8 dustry partners, the Director may develop secu9 rity measures that are necessary to protect in10 formation in the Data Exchange, including pro11 tocols to ensure that, depending on the nature 

12 of information in the Data Exchange, only indi13 viduals with the appropriate level of authoriza14 tion may access the information. 

15 (B) INFORMATION DISCLOSURE.— 

16 (i) IN GENERAL.—The Director may 

17 withhold information obtained from an in18 dustry partner under this section only to 

19 the extent permitted by law. 

20 (ii) FOIA EXEMPTION.—Unless the 

21 disclosure of data described in paragraph 

22 (3)(A) would be consistent with security 

23 measures developed under subparagraph 

24 (A) of this paragraph, the data shall be— 


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1 (I) withheld from public disclo2 sure; and 

3 (II) exempt from disclosure 

4 under section 552(b)(3) of title 5, 

5 United States Code. 

6 (C) USAGE AGREEMENTS.—The Director 

7 shall develop a usage agreement for the Data 

8 Exchange to ensure that data shared to the 

9 Data Exchange by an industry partner is— 

10 (i) hosted securely; and 

11 (ii) only used for purposes agreed to 

12 in advance by the Director and the indus13 try partner. 

14 (5) DEVELOPMENT.— 

15 (A) IN GENERAL.—The Director, with the 

16 consent of a Federal agency, may use the serv17 ices, equipment, personnel, and facilities of a 

18 Federal agency, with or without reimbursement, 

19 to— 

20 (i) develop the Data Exchange; or 

21 (ii) identify a data exchange existing 

22 on the date of enactment of this Act that 

23 can be modified to have the capacity to 

24 host the Data Exchange required under 

25 this section that provides— 


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1 (I) necessary functionality to the 

2 Director; and 

3 (II) additional functionality to in4 dustry partners. 

5 (B) VALUE TO PARTICIPANTS.—In order 

6 to encourage the participation of industry part7 ners in the Data Exchange, the Director may 

8 develop a Data Exchange that provides— 

9 (i) value to industry partners outside 

10 of a time of crisis; and 

11 (ii) access to aggregated data or ana12 lytics to industry partners that participate 

13 in the Data Exchange that complies with 

14 the provisions of the usage agreement de15 veloped under paragraph (4)(C). 

16 (6) PARTICIPATION INCENTIVES.—The Director 

17 may establish incentives to encourage the participa18 tion and cooperation of industry partners with the 

19 Data Exchange. 

20 SEC. 8. MANUFACTURING CORPS. 

21 (a) ESTABLISHMENT.—There is established within 

22 the Office the Manufacturing Corps. 

23 (b) DUTIES.—The Manufacturing Corps shall— 

24 (1) function as a workforce development pro25 gram that prioritizes the training of manufacturing 


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1 skills determined to be essential to the economic se2 curity of the United States by the Director and the 

3 Council; 

4 (2) support the development of an innovative 

5 and flexible manufacturing workforce in the United 

6 States; 

7 (3) provide on-the-job training to members of 

8 the Manufacturing Corps; and 

9 (4) provide a qualified base of individuals to 

10 join the Guard upon the completion of the Manufac11 turing Corps program. 

12 (c) MEMBERSHIP.— 

13 (1) IN GENERAL.—Not later than 180 days 

14 after the date of enactment of this Act, the Director 

15 shall develop criteria for membership in the Manu16 facturing Corps, which may include a competitive 

17 process that evaluates the dedication and enthusiasm 

18 of individuals for assisting the public during a crisis. 

19 (2) PREFERENCE.—In selecting members of the 

20 Manufacturing Corps, the Director shall give pref21 erence to an individual who is— 

22 (A) an underrepresented racial or ethnic 

23 minority; 

24 (B) a woman; 


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1 (C) a veteran (as defined in section 101 of 

2 title 38, United States Code); or 

3 (D) a resident of an underrepresented geo4 graphic region. 

5 (3) TERM.—The term of a member in the Man6 ufacturing Corps shall be for a period of not less 

7 than 1 year and not more than 2 years. 

8 (d) ACTIVITIES.— 

9 (1) APPRENTICESHIP.— 

10 (A) IN GENERAL.—A member of the Man11 ufacturing Corps shall participate in a reg12 istered apprenticeship with a host organization 

13 for a 1-year period. 

14 (B) SKILLS.—A registered apprenticeship 

15 of a member of the Manufacturing Corps with 

16 a host organization shall— 

17 (i) provide the member with funda18 mental skills necessary to be successful in 

19 a manufacturing or supply chain work20 force; 

21 (ii) qualify the member as a full-time 

22 employee of the host organization; and 

23 (iii) provide training and career devel24 opment opportunities. 

25 (2) TRAINING REQUIREMENT.— 


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1 (A) INITIAL TRAINING.—The Director 

2 shall provide individuals who are selected as 

3 members of the Guard with initial training 

4 that— 

5 (i) lasts for not fewer than 2, and not 

6 more than 4, weeks; 

7 (ii) serves as an orientation for the 

8 Guard; and 

9 (iii) includes a survey of basic skills in 

10 preparation for a registered apprenticeship. 

11 (B) PERIODIC TRAINING.—The Director 

12 shall provide regular training to members of the 

13 Manufacturing Corps that— 

14 (i) ensures that the members have the 

15 ability to serve as effective members of the 

16 Guard; and 

17 (ii) enhances the ability of members to 

18 contribute to the workforce of the United 

19 States and the Guard. 

20 (3) COMPENSATION.—The Director may pro21 vide supplemental compensation to members of the 

22 Manufacturing Corps at rates to be fixed by the Sec23 retary without regard to any other law, including 

24 any provision of title 5, United States Code, and any 

25 rule issued under that title. 


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1 (e) GRADUATION.— 

2 (1) IN GENERAL.—Upon the expiration of the 

3 term of a member of the Manufacturing Corps, the 

4 Director shall review the performance of the member 

5 in— 

6 (A) the registered apprenticeship under 

7 subsection (d)(1)(A); and 

8 (B) the training under subsection (d)(2). 

9 (2) INCENTIVES.—The Director may establish 

10 incentives to encourage members of the Manufac11 turing Corps who receive favorable reviews under 

12 paragraph (1) to join the Guard. 

13 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

14 There are authorized to be appropriated to carry out 

15 this Act $1,000,000,000 for the 5-fiscal year period begin16 ning with fiscal year 2021. 

Æ 


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