[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3848 Introduced in House (IH)]

<DOC>






117th CONGRESS
  1st Session
                                H. R. 3848

To establish the National Commission on Critical Supply Chains, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 11, 2021

  Mr. Ryan (for himself and Mr. Posey) introduced the following bill; 
       which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To establish the National Commission on Critical Supply Chains, 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 ``Critical Supply Chains Commission 
Act''.

SEC. 2. FINDINGS; SENSE OF CONGRESS.

    (a) Findings.--Congress finds the following:
            (1) Many Americans were shocked to find that the United 
        States was unable to find or produce enough face masks, 
        ventilators, hand sanitizer, testing kits, hospital beds, 
        sedatives, and other medical necessities in response to the 
        COVID-19 crisis due to limitations in the manufacturing supply 
        chain and our dependence on foreign suppliers.
            (2) Shortages of medical supplies and equipment are just 
        one example of the risks we face due to the United States' 
        reliance on other countries for making many of our critical 
        products. The United States also relies on other countries 
        for--
                    (A) technologies involved with renewable energies 
                and car battery manufacturing;
                    (B) rare earth materials that are essential to many 
                high-technology products, including cell phones, 
                satellites, and computers;
                    (C) fabricating the most precise integrated 
                circuits and microchips that are needed for complex 
                electronics used in weapon systems, space systems, 
                automobiles, and a variety of consumer products;
                    (D) production of advanced machine tools and 
                production equipment that U.S. factories need to 
                manufacture their products;
                    (E) delivery of precision scientific equipment 
                needed to produce breakthroughs in nanotechnology, 
                medicine, and future batteries for electric vehicles;
                    (F) manufacturing of clothing and other textiles;
                    (G) production and distribution of food and 
                agricultural goods; and
                    (H) other critical products where substantial harm 
                would come to U.S. economic security, national defense, 
                or way of life if the supply chains were compromised or 
                no longer available.
            (3) The American supply chain is the foundation of our 
        Nation's economic competitiveness and is the delivery system 
        that moves products to consumers in every State across the 
        Nation.
            (4) While U.S. manufacturers and domestic suppliers have 
        substantial resources, some domestic capabilities and expertise 
        have eroded due to reliance on the global supply chain.
            (5) Dependable and high-quality suppliers are crucial 
        assets to any manufacturing company since manufacturers must 
        get the right products to the right place at the right time to 
        be most successful.
            (6) A secure and stable American supply chain is a 
        necessary component of a prosperous manufacturing sector that 
        contributes two trillion dollars annually to the U.S. economy.
            (7) United States manufacturers are a major source of high 
        quality employment in the U.S. at roughly 9 percent of the 
        workforce.
            (8) United States manufacturers are a major driver of 
        innovation, responsible for more than two-thirds of private 
        sector research and development, receiving more than 90 percent 
        of new patents.
            (9) United States manufacturers are essential to ensuring 
        our national defense and homeland security, as they provide the 
        tools, equipment, systems, and protective gear for our military 
        and first responders.
            (10) Manufacturers must consider supply chain risks and 
        potential disruptions in their business decisions, though many 
        times supplier selection is driven by fixed production costs 
        and other primary factors.
            (11) A more robust and resilient American supply chain is 
        integral to the health and well-being of our economy and of 
        businesses across every State, and improvements in the supply 
        chain will drive affordability, sustainability, and 
        availability of products for our Nation.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) a national commission on critical supply chains will 
        benefit the United States in several important ways;
            (2) such a commission will provide expert knowledge, 
        guidance, and recommendations to Congress on the complex and 
        strategically important issues related to bolstering American 
        supply chains, which will help Congress find common ground to 
        advance supply chain policies and approaches that benefit our 
        Nation both today and far into the future;
            (3) such a commission will provide recommendations to fix 
        the shortcomings exposed in our existing national manufacturing 
        strategy, so that we are prepared for the next crisis--whether 
        it is due to a pandemic, a war, natural disaster, or something 
        else--and that these strategic directions will catalyze a much-
        needed update to our national manufacturing strategy for 
        revitalizing the U.S. manufacturing sector and increasing our 
        economic growth;
            (4) such a commission will establish the basis for 
        strengthening the security of, and adding resiliency to, an 
        eroded American supply chain system, so that U.S. economic 
        security, national defense, and way of life are not harmed when 
        natural disasters or other events disrupt the supply of 
        critical ingredients, components, or products from a specific 
        source or region;
            (5) such a commission will trigger new domestic 
        manufacturing jobs as a result of the growth and increased 
        robustness in the domestic supply chain and the manufacturing 
        sector, and such domestic sourcing will also improve the 
        security of intellectual property, reduce environmental impact 
        and transportation costs due to fewer parts traveling overseas, 
        and encourage economic clusters for supporting operations to be 
        located near manufacturing facilities; and
            (6) such a commission will improve the Nation's national 
        defense and homeland security by reducing vulnerabilities and 
        risks due to excessive reliance on foreign sources of critical 
        materials or components.

SEC. 3. NATIONAL COMMISSION ON CRITICAL SUPPLY CHAINS.

    (a) Establishment.--Congress shall establish a National Commission 
on Critical Supply Chains (referred to in this section as the 
``Commission'').
    (b) Purposes.--The purposes of the Commission shall be to--
            (1) convene an independent entity that brings together 
        national experts in a highly visible forum to conduct a 
        systematic study and give guidance to Congress on the complex 
        and strategically important issues related to rebuilding 
        critical American supply chains;
            (2) identify the critical supply chains in which the United 
        States is dependent on materials, products, equipment, or 
        services from foreign countries and in which substantial harm 
        would come to U.S. economic security, national defense, or way 
        of life if those supply chains were compromised or no longer 
        available;
            (3) investigate in depth and report on existing 
        dependencies, limitations, and risks to the United States for 
        each of these critical supply chains, including considerations 
        for medical supplies, equipment, and medications; rare earth 
        materials; precision-integrated circuits and microchips; 
        machine tools and production equipment; defense components and 
        homeland security capabilities; scientific equipment needed for 
        advanced technology research and development; clothing and 
        textiles; and food and agricultural products;
            (4) assess and provide guidance on key questions, 
        including--
                    (A) which driving forces are pushing U.S. companies 
                to offshore their procurement or their manufacturing 
                operations;
                    (B) how the United States can predict and prevent 
                future supply chain disruptions;
                    (C) what the United States can do to reduce future 
                vulnerabilities and risks;
                    (D) whether the United States can make the American 
                supply chain resilient enough to protect necessary 
                capabilities and resources;
                    (E) which manufacturing activities should be 
                performed strictly within the United States to ensure 
                economic and national security;
                    (F) what actions should be taken by the United 
                States to increase domestic manufacturing to meet 
                critical supply chain needs and improve its terms of 
                trade; and
                    (G) what would be the effects of a new national 
                manufacturing strategy on employment, growth, 
                innovation, and national security; and
            (5) develop and propose specific recommendations, submit a 
        biannual comprehensive report (and intermediate updates as 
        necessary to maintain timely and relevant information), and 
        provide Congressional oversight to Congress to be used as a 
        resource for legislative actions to mitigate the risks of 
        future American supply chain disruptions.
    (c) Membership.--
            (1) Members.--The Commission shall be composed of 12 
        members, of whom--
                    (A) three members shall be appointed by the Speaker 
                of the House of Representatives, in consultation with 
                the chairpersons of relevant committees, including the 
                Committee on Ways and Means, Committee on Energy and 
                Commerce, Committee on Science, Space, and Technology, 
                Committee on Transportation and Infrastructure, 
                Committee on Armed Services, Committee on Natural 
                Resources, Committee on Small Business, Committee on 
                Homeland Security, and Committee on Agriculture of the 
                House of Representatives;
                    (B) three members shall be appointed by the 
                minority leader of the House of Representatives, in 
                consultation with the ranking minority Members of 
                relevant committees, including the Committees described 
                in subparagraph (A);
                    (C) three members shall be appointed by the 
                President pro tempore of the Senate upon the 
                recommendation of the majority leader of the Senate, in 
                consultation with the chairpersons of relevant 
                committees, including the Committee on Finance, 
                Committee on Commerce, Science, and Technology, 
                Committee on Armed Services, Committee on Energy and 
                Natural Resources, Committee on Small Business and 
                Entrepreneurship, Committee on Homeland Security and 
                Governmental Affairs, Committee on Environment and 
                Public Works, and Committee on Agriculture, Nutrition, 
                and Forestry of the Senate; and
                    (D) three members shall be appointed by the 
                President pro tempore of the Senate upon the 
                recommendation of the minority leader of the Senate, in 
                consultation with the ranking minority Members of 
                relevant committees, including the Committees described 
                in subparagraph (C).
            (2) Chair; vice chair.--
                    (A) Appointment.--Not later than 30 days after the 
                initial meeting of the Commission, the Commission shall 
                elect a Chair and Vice Chair from among the 
                Commission's members by a simple majority vote, and 
                such Chair and Vice Chair shall be members of the 
                Commission who were appointed by appointing authorities 
                from different political parties under paragraph (1).
                    (B) Presence.--For purposes of appointing the 
                Chair, all 12 members must be present. If all 12 
                members are not present, appointment of the chair shall 
                be delayed until the next meeting of the Commission at 
                which all 12 members are present.
                    (C) Timing.--If a quorum is not present at that 
                initial meeting, the Chair shall be appointed at the 
                first meeting after that at which a quorum is present. 
                If a Vice Chair is elected before the Chair and no 
                Chair is elected, the Vice Chair shall serve as acting 
                Chair until the Chair is elected.
                    (D) New chair and vice chair each congress.--A new 
                Chair and Vice Chair shall be elected with respect to 
                each Congress. Any member that was a Chair or Vice 
                Chair in a Congress may not be elected to be a Chair or 
                Vice Chair in a subsequent Congress.
            (3) Qualifications.--
                    (A) Areas of expertise.--
                            (i) In general.--Each individual appointed 
                        to the Commission shall have substantial 
                        expertise in one or more of the following 
                        areas:
                                    (I) Supply chain expertise, 
                                including the following:
                                            (aa) Advanced 
                                        manufacturing, with a focus on 
                                        distributed operations and 
                                        supply chain management.
                                            (bb) Economics of U.S. 
                                        manufacturing.
                                            (cc) Supply chain 
                                        logistics.
                                            (dd) Supplier certification 
                                        and quality assurance 
                                        processes.
                                            (ee) Raw materials sourcing 
                                        and distribution.
                                            (ff) Metrics used by 
                                        Original Equipment Manufacturer 
                                        purchasing managers and chief 
                                        financial officers to make 
                                        purchasing decisions.
                                    (II) Critical domain expertise, 
                                including the following:
                                            (aa) Health care, medical 
                                        device, and pharmaceutical 
                                        manufacturing.
                                            (bb) Mining, supply, and 
                                        usage of rare earth materials.
                                            (cc) Precision-integrated 
                                        circuits, microchips, and 
                                        semiconductor manufacturing.
                                            (dd) Defense component 
                                        manufacturing and homeland 
                                        security products.
                                            (ee) Advanced machine tools 
                                        and production equipment.
                                            (ff) Scientific equipment 
                                        for high-precision research and 
                                        development.
                                            (gg) Clothing and textiles 
                                        manufacturing.
                                            (hh) Food production and 
                                        agricultural products 
                                        manufacturing.
                                    (III) Industrial policy expertise, 
                                including knowledge of industrial 
                                organization, development economics, 
                                and policy tools that have been used by 
                                the United States and other developing 
                                or industrial economies in the world.
                            (ii) Composition.--The composition of the 
                        members of the Commission shall ensure the 
                        Commission has substantial expertise in all 
                        areas described in clause (i).
                    (B) Nongovernment appointees.--An individual 
                appointed to the Commission may not be an officer or 
                employee of the Federal Government.
            (4) Appointment requirements.--
                    (A) Initial appointments.--Members of the 
                Commission shall be appointed not later than 45 days 
                after the date of the enactment of this Act.
                    (B) Term of appointments.--The term of each member 
                of the Commission shall expire on December 31 of the 
                second session of the Congress in which the member is 
                appointed to the Commission.
                    (C) Appointments with each congress.--Appointments 
                to the Commission made after the initial appointments 
                to the Commission under subparagraph (A) shall be made 
                not later than 30 days after the date on which each 
                Congress convenes.
                    (D) Renewal of appointments.--A member of the 
                Commission may be reappointed for additional terms of 
                service upon mutual agreement between such member and 
                the appointing authority that appointed such member to 
                the Commission.
                    (E) Vacancies.--A vacancy in the Commission shall 
                not affect the powers of the Commission and shall be 
                filled by the same appointing authority that made the 
                original appointment. Any member appointed to fill a 
                vacancy occurring before the expiration of the term for 
                which the member's predecessor was appointed shall be 
                appointed only for the remainder of that term. A member 
                may serve after the expiration of that member's term 
                until a successor has taken office. A vacancy in the 
                Commission shall be filled in the manner in which the 
                original appointment was made by not later than 30 days 
                after the date such vacancy occurs.
                    (F) Removal.--A member of the Commission may be 
                removed from the Commission at any time by the 
                appointing authority that appointed such member to the 
                Commission should the member fail to meet Commission 
                responsibilities.
            (5) Compensation; travel expenses.--Each member of the 
        Commission may be compensated at a rate not to exceed the daily 
        equivalent of the annual rate of basic pay in effect for a 
        position at level IV of the Executive Schedule under section 
        5315 of title 5, United States Code, for each day during which 
        the member is engaged in the actual performance of the duties 
        of the Commission. Travel expenses of members of the Commission 
        shall be allowed at rates authorized for employees of agencies 
        under subchapter I of chapter 57 of title 5, United States 
        Code, except that foreign travel for official purposes by 
        members of the Commission is not authorized.
    (d) Meeting Requirements.--
            (1) Initial meeting.--The Commission shall convene for an 
        initial meeting not later than 45 days after the initial 
        members of the Commission are all appointed. An initial meeting 
        may be convened so long as at least 10 members are present.
            (2) Subsequent meetings.--After the initial meeting under 
        paragraph (1), the Commission shall meet upon the call of the 
        Chair or as determined by a majority of Commission members.
            (3) Expectations for attendance by members.--Members are 
        expected to attend all Commission meetings. In the case of an 
        absence, members are expected to report to the Chair prior to 
        the meeting and allowance may be made for an absent member to 
        participate remotely. Members will still be responsible for 
        fulfilling prior commitments, regardless of attendance status. 
        If a member is absent from multiple meetings, the member may be 
        reviewed by the Chair and appointing authority that appointed 
        such member to the Commission and further action will be 
        considered, including removal and replacement on the 
        Commission.
            (4) Quorum.--A majority of the members of the Commission 
        shall constitute a quorum.
            (5) Voting.--Each member of the Commission shall be 
        entitled to one vote, which shall be equal to the vote of every 
        other member of the Commission.
            (6) Meeting notes.--Meetings notes shall be made available 
        to the Chairman and Ranking Member of the relevant committees 
        of jurisdiction.
    (e) Subcommittees and Working Groups.--The Commission may choose, 
at the discretion of the Chair and Vice Chair, to establish 
subcommittees and working groups for any purpose consistent with the 
duties of the Commission. Any findings, conclusions, or recommendations 
made by a subcommittee or working group shall be considered by the full 
Commission, which shall be responsible for determining any final 
findings, conclusions, and recommendations. Each such subcommittee or 
working group shall operate only for the Congressional Session with 
respect to which such subcommittee or group was established.
    (f) Administration and Powers of Commission.--
            (1) Hearings.--The Commission may, for the purpose of 
        carrying out this Act--
                    (A) hold such hearings, sit and act at such times 
                and places, take such testimony, receive such evidence, 
                and administer such oaths as the Commission considers 
                appropriate; and
                    (B) subject to paragraph (2), require the 
                attendance and testimony of witnesses and the 
                production of books, records, correspondence, 
                memoranda, papers, and documents.
            (2) Obtaining official data.--
                    (A) In general.--The Commission may secure directly 
                from any executive department, bureau, agency, board, 
                commission, office, independent establishment, or other 
                instrumentality of the Federal Government or a State, 
                local, Tribal, or territorial government any 
                information, suggestions, estimates, and statistics to 
                enable the Commission to carry out this Act. Each such 
                department, bureau, agency, board, commission, office, 
                independent establishment, or instrumentality shall, to 
                the extent authorized by law, furnish such information, 
                suggestions, estimates, and statistics directly to the 
                Commission, upon request of the Chair of the Commission 
                and the Vice Chair of the Commission or any member 
                designated by a majority of the Commission.
                    (B) Receipt, handling, storage, and 
                dissemination.--Any information, suggestions, 
                estimates, and statistics submitted under subparagraph 
                (A) shall only be received, handled, stored, and 
                disseminated by members of the Commission and its 
                staff, consistent with applicable Federal law.
            (3) Public hearings and meetings.--
                    (A) In general.--The Commission shall hold public 
                hearings and meetings as determined appropriate by the 
                Commission.
                    (B) Protection of certain information.--Any public 
                hearings and meetings of the Commission shall be 
                conducted in a manner consistent with applicable 
                Federal law regarding the protection of data submitted 
                to the Commission under paragraph (3).
            (4) Personnel.--
                    (A) Staff.--
                            (i) Appointment; compensation; travel 
                        expenses.--The Chair of the Commission, in 
                        consultation with Vice Chair of the Commission, 
                        and in accordance with rules agreed upon by the 
                        Commission, may appoint and fix the 
                        compensation of an executive director and other 
                        additional technical and administrative 
                        personnel as may be necessary to enable the 
                        Commission to carry out its duties, without 
                        regard to the provisions of title 5, United 
                        States Code, governing appointments in the 
                        competitive service, and without regard to the 
                        provisions of chapter 51 and subchapter III of 
                        chapter 53 of such title relating to 
                        classification and General Schedule pay rates, 
                        except that no rate of pay fixed under this 
                        clause may exceed the equivalent of that 
                        payable for a position at level V of the 
                        Executive Schedule under section 5316 of title 
                        5, United States Code. Travel expenses of the 
                        executive director and other additional 
                        technical and administrative personnel of the 
                        Commission shall be allowed at rates authorized 
                        for employees of agencies under subchapter I of 
                        chapter 57 of title 5, United States Code, 
                        except that foreign travel for official 
                        purposes by such director and personnel of the 
                        Commission is not authorized.
                            (ii) Technical staff expertise 
                        requirement.--Technical staff of the Commission 
                        shall be individuals with substantial expertise 
                        in one or more of the areas described in 
                        subsection (c)(2). The expertise of such 
                        technical staff shall augment the ability of 
                        the Commission to have substantial expertise in 
                        all areas so described.
                            (iii) Personnel as federal employees.--
                                    (I) In general.--The executive 
                                director and any other personnel of the 
                                Commission shall be treated as 
                                employees under section 2105 of title 
                                5, United States Code, for purposes of 
                                chapters 63, 81, 83, 84, 85, 87, 89, 
                                and 90 of such title.
                                    (II) Members of commission.--
                                Subclause (I) shall not be construed to 
                                apply to members of the Commission.
                            (iv) Detailees.--Any Federal Government 
                        employee may be detailed to the Commission 
                        without reimbursement from the Commission, and 
                        such detailee shall retain the rights, status, 
                        and privileges of his or her regular employment 
                        without interruption.
                            (v) Experts and consultants.--The 
                        Commission may procure temporary and 
                        intermittent services of experts and 
                        consultants in accordance with section 3109 of 
                        title 5, United States Code, but at a rate not 
                        to exceed the daily equivalent of the annual 
                        rate of basic pay in effect for a position at 
                        level IV of the Executive Schedule under 
                        section 5315 of title 5, United States Code.
                    (B) Assistance from federal agencies.--
                            (i) General services administration.--The 
                        Administrator of General Services shall provide 
                        to the Commission, on a reimbursable basis, 
                        administrative support and other services 
                        necessary to carry out the duties of the 
                        Commission.
                            (ii) Other departments and agencies.--In 
                        addition to the assistance described in 
                        subparagraph (A), departments and agencies of 
                        the Federal Government may provide to the 
                        Commission such services, funds, facilities, 
                        and staff as such departments and agencies 
                        determine appropriate and as authorized by 
                        Federal law.
    (g) Security Clearances.--
            (1) In general.--The members and staff of the Commission 
        shall obtain, if necessary to carry out the functions of the 
        Commission, appropriate security clearances for access to any 
        classified briefing, records, and materials to be reviewed by 
        such members or staff. The appropriate Federal agencies or 
        departments shall cooperate with the Commission in 
        expeditiously providing to the members and staff of the 
        Commission security clearances pursuant to existing procedures 
        and requirements, except that no person may be provided with 
        access to classified information under this Act without the 
        appropriate security clearance.
            (2) Office of house security.--The Office of House Security 
        of the House of Representatives shall--
                    (A) provide classified storage and meeting and 
                hearing spaces for the Commission as determined 
                necessary; and
                    (B) assist members and staff of the Commission in 
                obtaining security clearances.
    (h) Reports.--
            (1) Reports.--Not later than December 1 of each year that 
        the Commission remains active and in operation, the Commission 
        shall submit to the majority and minority leaders of the House 
        of Representatives and Senate a comprehensive report on the 
        findings, conclusions, and recommendations of the Commission 
        with respect to such year and including an executive summary of 
        the Commission's purposes and activities and any relevant 
        references and materials with respect to such year. 
        Notwithstanding the previous sentence, the Commission shall not 
        be required to submit a report under this paragraph with 
        respect to the first year in which such Commission is active 
        and in operation if the Commission is so active and in 
        operation for fewer than six months of such first year.
            (2) Classified information.--In the case that a report 
        submitted under this subsection includes classified 
        information, the Commission shall also submit to the majority 
        and minority leaders of the House of Representatives and Senate 
        a redacted version of such report with such classified 
        information included as a classified annex to such report.
            (3) Public availability.--Reports submitted under this 
        subsection, or the redacted versions of such reports (if 
        applicable), shall be made publicly available on a centralized 
        Federal internet website.
    (i) Applicability of FACA.--Except as provided in subsection (j), 
the provisions of the Federal Advisory Committee Act (5 U.S.C. App.) 
shall apply to the activities of the Commission.
    (j) Termination.--
            (1) In general.--The Commission, and all the authorities of 
        the Commission under this Act, shall remain active and in 
        operation until the last day of the 10-year period beginning on 
        the date of the enactment of this Act.
            (2) Administrative activities.--The Commission may use the 
        60-day period following the date of termination of the 
        Commission for the purpose of concluding its activities, 
        including providing testimony to Congress concerning its 
        results and disseminating the final report of the Commission.
    (k) Authorization of Appropriations.--For purposes of carrying out 
this section, there is authorized to be appropriated to the Commission 
$6,000,000 for fiscal year 2021 and such sums as may be necessary for 
each fiscal year thereafter through fiscal year 2031, to be available 
until expended.
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