I 
117TH CONGRESS 
1ST SESSION H. R. 2259 
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 HOUSE OF REPRESENTATIVES 
MARCH 26, 2021 
Ms. STEVENS (for herself and Mr. BALDERSON) introduced the following bill; 
which was referred to the Committee on Energy and Commerce 
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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National Manufac-
turing Guard Act’’. 
SEC. 2. SENSE OF CONGRESS. 
It is the sense of Congress that— 
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(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 eco-
nomic resilience of the United States lies with the 
Federal Government, which must not miss the op-
portunity 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. 
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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 situa-
tion that threatens the ability of manufacturers and 
supply chains in the United States to provide suffi-
cient 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 short-
ages during a pandemic, cyber attack, nat-
ural disaster, or other catastrophic event; 
and 
(B) includes items classified as— 
(i) personal protective equipment; 
(ii) pharmaceuticals or biopharma-
ceuticals; 
(iii) medical supplies; or 
(iv) other resources to be determined 
by the Director, in consultation with the 
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Council, which may include healthcare-re-
lated supplies or other supplies. 
(4) DATA
EXCHANGE.—The term ‘‘Data Ex-
change’’ means the Supply Chain Data Exchange es-
tablished 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 or-
ganization’’ 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 
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(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 ‘‘Man-
ufacturing Corps’’ means the Manufacturing Corps 
established under section 8. 
(10) MANUFACTURING
USA
INSTITUTE.—The 
term ‘‘Manufacturing USA institute’’ means an in-
stitute described in section 34(d) of the National In-
stitute 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 sec-
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tion 29.2 of title 29, Code of Federal Regula-
tions, 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 suc-
cessor 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 Di-
rector, 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; 
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(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 ro-
bust 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 oper-
ation 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 
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(C) directing the Guard; 
(5) direct the establishment and operations of 
the Guard, the Data Exchange, and the Manufac-
turing Corps; and 
(6) maintain collaborations with industry part-
ners 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 Di-
rector 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 Di-
rector shall submit to Congress a report that in-
cludes— 
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(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 Manufac-
turing Corps, including cost estimates, pre-
liminary 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 man-
age the operations of the Office and the Council. 
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(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 ap-
pointed under subparagraphs (K), (L), and (M) of 
paragraph (1) shall serve as special Government em-
ployees (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 du-
ties of the Director under section 4(d). 
(e) PERMANENCE.—Section 14 of the Federal Advi-
sory 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. 
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(2) ELIGIBILITY REQUIREMENTS.—The Direc-
tor shall establish eligibility requirements for mem-
bership in the Guard, which may include— 
(A) experience or expertise in manufac-
turing 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 consulta-
tion with the Council, shall establish a training pro-
gram for members of the Guard to ensure the readi-
ness of members to perform the duties of the Guard. 
(2) REMOTE TRAINING.—A portion of the train-
ing program established under paragraph (1) may 
be conducted remotely to prepare for crises that may 
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prevent the Guard from convening in a single phys-
ical 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 re-
sponse 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 pro-
viding 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; 
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(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 in-
dustry partners; 
(F) provide logistics support in the delivery 
of critical resources; 
(G) identify suppliers of scarce critical re-
sources; 
(H) coordinate between private industry, 
MEP centers, and Manufacturing USA insti-
tutes; and 
(I) conduct any other activities that help 
provide critical resources to areas of greatest 
need, as determined by the Director, in con-
sultation 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, includ-
ing any provision of title 5, United States Code, and any 
rule issued under that title. 
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(e) PARTICIPATION INCENTIVES.—The Director may 
establish incentives to encourage industry partners to em-
ploy 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 Ex-
change 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 part-
ners to manufacture critical resources; 
and 
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(ii) plan the flow of critical resources 
during a crisis; 
(B) provide the Director with an under-
standing of the volume of critical resources pro-
vided by industry partners to enable the Direc-
tor to develop plans to— 
(i) direct the Guard to assist industry 
partners in increasing the production ca-
pacity 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 du-
ration of a crisis; and 
(D) enable the Director to direct the 
Guard or collaborate with industry partners or 
Federal agencies to mitigate scarcities of crit-
ical resources. 
(3) CONTENTS.—The Director shall— 
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