Sec. 4. National manufacturing security and resilience council
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There is hereby established within the Executive Office of the President the Manufacturing Security and Resilience Council (hereinafter referred to as the Council ). The Council shall be composed of— The President; The Vice President; The Secretary of Commerce; The Secretary of State; The Secretary of Defense; The Secretary of Homeland Security; The Secretary of Energy; The Secretary of Health and Human Services; The Director of National Intelligence; and The United States Trade Representative.
The President may also appoint up to ten additional officers of the Federal Government to serve on the Council, including but not limited to— The National Security Advisor; The Director of the National Economic Council; The Homeland Security Advisor; The Director of the Office of Science and Technology Policy; The Director of the Cybersecurity and Infrastructure Security Agency; The Director of the Centers for Disease Control and Prevention; The Administrator of the Federal Emergency Management Agency;
The Director of the National Institute of Standards and Technology; and The Director of the Hollings Manufacturing Extension Partnership. At meetings of the Council, the President shall preside or, in the absence of the President, a member of the Council designated by the President shall preside. Each member of the Council from a department or agency of the Federal Government may designate another officer of his department or agency to serve on the Council as his alternate in his unavoidable absence.
The functions of the Council are to— implement the strategy requested under section 3; determine whether a covered article is essential to the critical infrastructure of the United States or to the ability of the United States to respond to a covered emergency; establish and maintain the database described in subsection (j); establish, manage, and carry out the manufacturing resilience grant program established under subsection (k); coordinate, without assuming operational authority, the use of private-sector manufacturing resources to respond to a covered emergency; and not less than once every year, inform Congress of the activities of the Council in carrying out the duties and functions described in paragraphs
(1)through
(5)of this subsection. The Council shall be headed by a civilian Director who shall be appointed by the President by and with the advice and consent of the Senate. In appointing the Director, the President shall choose an individual who— is a senior executive (as such term is defined in section 3132 of title 5, United States Code); and is fit to perform the duties required by the position, without regard to political affiliation. The Council may employ a staff who shall be appointed by the Director. The Director, subject to the direction of the Council, is authorized to appoint and fix the compensation of such personnel consistent with existing civil service statutes and regulations, as may be necessary to perform such duties as may be prescribed by the Council in connection with the performance of its functions. The professional staff for which this subsection provides shall not exceed 200 persons, including persons employed by, assigned to, detailed to, under contract to serve on, or otherwise serving or affiliated with the staff. The limitation in this paragraph does not apply to personnel serving substantially in support or administrative positions. The Director of the Office may— notwithstanding subsections
(a)and
(b)of section 3324 of title 31, United States Code, enter into and perform such contracts, leases, cooperative agreements, or other transactions as may be necessary to carry out the duties of the Council, and on such terms as the Director determines are appropriate, with— any agency or instrumentality of the Federal Government; any State, territory, or possession of the United States, including any political subdivision thereof; and any person or educational institution; pursuant to subsection (h), employ such personnel as the Director determines are necessary to conduct the business of the Council; and delegate to other employees of the Office such powers and authority as the Director determines may be warranted in the interests of efficiency and sound administration. The Director shall establish and maintain a database of information on covered manufacturing companies. The database established under paragraph
(1)shall include information that the Director determines is necessary to effectively respond to covered emergencies, including information related to— the manufacturing facilities and operations of a covered manufacturing company; and the types of articles manufactured by such company. To gather the information described in subparagraph (A), the Director shall— use existing sources of such information; coordinate with the Director of the Census Bureau to gather data on covered manufacturing companies; and ensure the appropriate protection for any proprietary, confidential, or sensitive information related to a covered manufacturing company. During a covered emergency, the Director may request specific information from covered manufacturing companies that the Director determines is necessary to prepare a national response to such emergency. The Director shall design and maintain the database in a manner that allows for the direct input and update of information in the database. The Director shall develop policies for the operation of the database that— require the timely and accurate input of information into the database; and allow a covered manufacturing company to access any information in the database that relates to such company and correct any inaccurate information. The Director shall ensure that the information in the database is available to— appropriate acquisition officials of Federal agencies; upon request, the Chairman and Ranking Member of each of the appropriate congressional committees; and any other government officials that the Director determines are appropriate, except that the Director shall provide written notice to the appropriate congressional committees not later than 14 days after the date on which a new government official is granted access to the database. In this subsection, the term covered manufacturing company means a company in the United States that— manufactures a covered article; or maintains facilities that may be converted to manufacture covered articles during a covered emergency. The President shall establish a manufacturing resilience grant program, to be administered by the Director, to make grants to eligible manufacturing companies to carry out eligible projects to— increase the manufacture of covered articles in countries in the Western Hemisphere; assist the Federal Government in preparing for and responding to covered emergencies; and reduce reliance on concentrated supply chains for covered articles. To be eligible to receive a grant under this subsection, a manufacturing company shall— be a domestic corporation that is engaged in the business of manufacturing; be capable of manufacturing covered articles to assist the Federal Government in preparing for and responding to a covered emergency, as determined by the Director; and provide all necessary information for inclusion in the database established under subsection (j), as requested by the Director. A grant recipient may use funds awarded under this subsection for a project that— relocates manufacturing facilities, personnel, or operations related to covered articles out of a country of concern and into the United States or other foreign country in the Western Hemisphere; modifies manufacturing facilities or operations related to covered articles to— create new capabilities for such grant recipient to manufacture covered articles; expand existing operations to increase the manufacture of covered articles; or accommodate any manufacturing operations or personnel related to covered articles that are relocated to a country in the Western Hemisphere; or develops tools or processes that relate to procuring, transporting, or storing covered articles. Grant amounts received for a project under this subsection may be used for any costs associated with such project, including administrative costs and workforce development initiatives. Grant amounts received for a project under this subsection may not be used to support manufacturing facilities or operations located in a country of concern. As a condition on the receipt of a grant under this subsection, the grant recipient shall— not later than 1 year after receiving a grant, agree to manufacture the amount of covered articles that the Director determines is reasonable, to be made available for purchase by the Federal Government beneficiary with respect to which such amounts were provided; and coordinate with the Director to assist the United States to prepare for and respond to a covered emergency by manufacturing covered articles when necessary. To be eligible for a grant under this subsection, an eligible manufacturing company shall submit to the Director an application in such form, at such time, and containing such information as the Director determines appropriate, including— a description of the proposed project to be carried out with grant funds; a description of the type of covered articles that such company intends to produce in carrying out such project; and an estimation of the total costs for such project. In awarding grants for amounts allocated pursuant to subparagraphs
(B)through
(J)of subsection (m)(2), the Director shall consult with the applicable Federal Government beneficiary. To the extent practicable, the Director shall ensure that grants are awarded for proposed projects that will result in the production of a diverse type of covered articles. In awarding a grant under this subsection, the Director shall prioritize awarding grants for proposed projects that— will operate within the United States and employ citizens of the United States; and will result in the production of covered articles that relate to the strategic needs of the Federal Government in preparing for and responding to covered emergencies. The Federal share of the total cost of a project receiving a grant under this subsection, as estimated under paragraph (6)(C), shall be 75 percent. An eligible manufacturing company may not receive more than a total of $500,000,000 in grant funds in 1 fiscal year. Of the amounts allocated for grants pursuant to subparagraphs
(B)through
(J)of subsection (m)(2), the total amount of funds awarded for the support of a single Federal Government beneficiary shall be not less than $500,000,000. Of the amounts allocated for grants pursuant to subsection (m)(2)(A), the total amount of funds provided for the support of a single Federal Government beneficiary may not exceed $2,000,000,000. In this subsection, the term Federal Government beneficiary means the following: The Department of Agriculture. The Department of Defense. The Department of Energy. The Department of Health and Human Services. The Department of Homeland Security. The Department of the Interior. The Department of the Treasury. The Environmental Protection Agency. There is established an Manufacturing Security and Resilience Advisory Board (hereinafter referred to as the Advisory Board ). The President shall appoint twenty members to the Advisory Board, each having demonstrated expertise relating to, or experience operating in, the manufacturing industry and with supply chain management, and consisting of— eight representatives from United States manufacturing companies; four representatives from academic institutions; four representatives from labor organizations; and four representatives from non-profit organizations. The Chair of the Advisory Board shall be appointed by the President from its membership. The Advisory Board shall meet not less than four times each year at the call of the Chair. The functions of the Advisory Board are to— review the general policies and operations of the Council and advise the Council with respect to such policies and operations; collaborate with the Hollings Manufacturing Extension Partnership, established pursuant to section 25 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278k ), and the Manufacturing USA Program, established pursuant to section 34 of such Act ( 15 U.S.C. 278s ), to assist Federal, State, and local governments in identifying industrial resources and opportunities to prepare for and respond to covered emergencies; commission and conduct research to identify and analyze how to improve the ability of the United States manufacturing sector to assist Federal, State, and local governments in responding to covered emergencies; and identify best practices for federal, State, and local governments and the United States Manufacturing sector to effectively and efficiently respond to covered emergencies; To operate the Manufacturing Security and Resilience Council established by this section, there is authorized to be appropriated $50,000,000 for each of fiscal years 2021 through 2031, to remain available until expended. For grants awarded under subsection (k), there is authorized to be appropriated $24,950,000,000 for each of fiscal years 2021 through 2031, to remain available until expended. Of the funds made available under the preceding sentence, the Director shall allocate for each fiscal year— 32 percent for grants proposed to support any of the Federal Government beneficiaries for the strategic needs of the Federal Government; 4 percent for grants proposed to support the Office of Cybersecurity and Communications within the Department of Homeland Security; 28 percent for grants proposed to support— the Office of Infrastructure Protection within the Department of Homeland Security; the Transportation Security Administration; the United States Coast Guard; and the Federal Protective Service; 4 percent for grants proposed to support the Department of Agriculture; 12 percent for grants proposed to support the Department of Defense; 8 percent for grants proposed to support the Department of Energy; 6 percent for grants proposed to support the Department of Health and Human Services; 4 percent for grants proposed to support the Environmental Protection Agency; 1 percent for grants proposed to support the Department of the Treasury; and 1 percent for grants proposed to support the Department of the Interior. In this section: The term Director means the Director of the National Manufacturing Security and Resilience Council established by this section. The term Council means the National Manufacturing Security and Resilience Council established by this section.
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