[Congressional Record Volume 167, Number 88 (Thursday, May 20, 2021)]
[Senate]
[Pages S3297-S3298]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1894. Mr. CORNYN submitted an amendment intended to be proposed to 
amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to 
establish a new Directorate for Technology and Innovation in the 
National Science Foundation, to establish a regional technology hub 
program, to require a strategy and report on economic security, 
science, research, innovation, manufacturing, and job creation, to 
establish a critical supply chain resiliency program, and for other 
purposes; which was ordered to lie on the table; as follows:

        At the end of division F, add the following:

                TITLE IV--DEFENSE SUPPLY CHAIN SECURITY

     SEC. 6401. SHORT TITLE.

       This title may be cited as the ``Defense Supply Chain 
     Security Act of 2021''.

     SEC. 6402. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) rising risks associated with near-peer global 
     competition to the diffuse United States supply chains of 
     critical defense technologies in the United States defense 
     industrial base pose an emergent threat; and
       (2) should the President or the President's designee need 
     to develop a plan of action to form voluntary agreements 
     under section 708(c) the Defense Production Act of 1950 (50 
     U.S.C. 4558(C)), such plan or agreements must take into 
     account emerging technology that is critical to United States 
     national security, with respect to the following:
       (A) Microelectronics.
       (B) Advanced manufacturing.
       (C) Hypersonics.
       (D) Directed energy.
       (E) Advanced communications.
       (F) Unmanned aerial systems.
       (G) Advanced robotics.
       (H) Artificial intelligence and machine learning.

[[Page S3298]]

       (I) Quantum technology.
       (J) Other emerging technologies as they are developed.

     SEC. 6403. JOINT COMMITTEE ON DEFENSE PRODUCTION.

       (a) Authorization.--There shall be a joint congressional 
     committee known as the Joint Committee on Defense Production 
     (in this section referred to as the ``Joint Committee'').
       (b) Membership.--
       (1) Number.--The Joint Committee shall be composed of 10 
     members, as follows:
       (A) Three members appointed by the Majority Leader of the 
     Senate.
       (B) Two members appointed by the Minority Leader of the 
     Senate.
       (C) Three members appointed by the Speaker of the House of 
     Representatives.
       (D) Two members appointed by the Minority Leader of the 
     House of Representatives.
       (2) Vacancies.-- A vacancy in the Joint Committee--
       (A) shall not affect the powers of the remaining members to 
     execute the functions of the Joint Committee; and
       (B) shall be filled in the same manner in which the 
     membership was originally filled.
       (3) Allowances.--The members of the Joint Committee shall 
     serve without compensation in addition to that received for 
     their services as Members of Congress, but they shall be 
     reimbursed for travel, subsistence, and other necessary 
     expenses incurred by them in the performance of the duties 
     vested in the Joint Committee, other than expenses in 
     connection with meetings of the Joint Committee held in the 
     District of Columbia during such times as Congress is in 
     session.
       (4) Chair; vice chair.--The Chair and Vice Chair of the 
     Joint Committee shall alternate between one of the members 
     appointed by the Majority Leader of the Senate and one of the 
     members appointed by the Speaker of the House of 
     Representatives, with the former serving as the Chair in each 
     odd-numbered Congress and the latter serving as the Chair in 
     each even-numbered Congress.
       (c) Staff.--
       (1) Chief of staff.--The Joint Committee shall have power 
     to appoint and fix the compensation of the Chief of Staff of 
     the Joint Committee.
       (2) Permanent staff.--The Joint Committee shall have the 
     power to employ and fix the compensation of a permanent staff 
     to facilitate the work of the Joint Committee under the 
     direction of its Chair and Vice Chair. The staff shall serve 
     the Joint Committee jointly on a professional, non-partisan 
     basis.
       (3) Clerical, stenographic, and other assistants.--The 
     Joint Committee shall have power to appoint and fix the 
     compensation of clerical, stenographic, and other assistants 
     to facilitate the work of the Joint Committee under the 
     direction of its Chair and Vice Chair.
       (4) Access to national security and intelligence 
     information.--The Chief of Staff and permanent staff of the 
     Joint Committee shall have access to all national security 
     and intelligence information necessary to facilitate the work 
     of the Joint Committee under the direction of its Chair and 
     Vice Chair.
       (d) Payment of Expenses.--The expenses of the Joint 
     Committee shall be paid one-half from the contingent fund of 
     the Senate and one-half from the contingent fund of the House 
     of Representatives, upon vouchers signed by the Chair or the 
     Vice Chair.
       (e) Duties.--The Joint Committee shall--
       (1) study the defense industrial base on a continuing 
     basis, including reviewing progress achieved in the execution 
     and administration of programs that contribute to the 
     security, reliability, and resiliency of the defense 
     industrial base;
       (2) upon request, aid the standing committees of Congress 
     having legislative jurisdiction over any part of the programs 
     authorized by this title;
       (3) make periodic reports to the Senate and the House of 
     Representatives concerning the results of its studies, 
     together with such recommendations as it may consider 
     appropriate;
       (4) establish and maintain procedures for the preservation 
     of critical technologies, as described in subsection (f);
       (5) study the industrial mobilization plans and procedures 
     of the Department of Defense to execute a military conflict 
     scenario consistent with the scenario used by the Secretary 
     of Defense for budgeting and defense planning purposes, with 
     a particular focus on the integration of the private sector, 
     government-owned and contractor-operated facilities, and the 
     organic industrial base; and
       (6) consult with the Assistant Secretary of Defense for 
     Industrial Base Policy in the execution of duties covered 
     under this paragraph.
       (f) Tiered Schedule of Critical Supply Chains.--
       (1) In general.--In consultation with the Assistant 
     Secretary of Defense for Industrial Base Policy, the Joint 
     Committee shall establish and maintain a taxonomy for 
     characterizing the defense industrial base and making 
     recommendations to preserve critical technologies, identified 
     as such by the Joint Committee.
       (2) Preservation of critical technologies.--At minimum, the 
     Joint Committee shall make recommendations for the 
     preservation of critical technologies in the following tiers:
       (A) Tier 1: Supply chains, inputs, raw materials, and labor 
     that should be sourced entirely from United States entities, 
     without exception and in accordance with paragraph (3).
       (B) Tier 2: Supply chains, inputs, raw materials, and labor 
     that should be sourced either from United States entities or 
     from entities owned and controlled by foreign nationals in 
     United States allies and foreign nations that have entered 
     into formal agreements with the Department of Defense, 
     including through reciprocal defense procurement agreements 
     or security of supply agreements.
       (C) Tier 3: Supply chains, inputs, raw materials, and labor 
     that should be sourced from any source other than a 
     prohibited source, as defined under section 2533c of title 
     10, United States Code.
       (D) Tier 4: Supply chains, inputs, raw materials, and labor 
     that may be sourced without restriction.
       (3) Tier 1 sourcing requirement.--Supply chains, inputs, 
     raw materials, and labor designated Tier 1 pursuant to 
     paragraph (2)(A) may not be sourced from United States 
     entities or entities owned and controlled by foreign 
     nationals in United States allies and foreign nations that 
     are--
       (A) designated as a foreign terrorist organization by the 
     Secretary of State under section 219(a) of the Immigration 
     and Nationality Act (8 U.S.C. 1189(a));
       (B) included on the list of specially designated nationals 
     and blocked persons maintained by the Office of Foreign 
     Assets Control of the Department of the Treasury (commonly 
     known as the SDN list);
       (C) owned by, controlled by, or subject to the jurisdiction 
     or direction of a government of a foreign country that is a 
     covered nation (as defined under section 2533c(d) of title 
     10, United States Code);
       (D) alleged by the Attorney General to have been involved 
     in activities for which a conviction was obtained under--
       (i) chapter 37 of title 18, United States Code (commonly 
     known as the ``Espionage Act'');
       (ii) section 951 or 1030 of title 18, United States Code;
       (iii) chapter 90 of title 18, United States Code (commonly 
     known as the ``Economic Espionage Act of 1996'');
       (iv) the Arms Export Control Act (22 U.S.C. 2751 et seq.);
       (v) section 224, 225, 226, 227, or 236 of the Atomic Energy 
     Act of 1954 (42 U.S.C. 2274, 2275, 2276, 2277, and 2284);
       (vi) the Export Control Reform Act of 2018 (50 U.S.C. 4801 
     et seq.); or
       (vii) the International Emergency Economic Powers Act (50 
     U.S.C. 1701 et seq.); or
       (E) determined by the Secretary of Commerce, in 
     consultation with the Secretary of Defense and the Director 
     of National Intelligence, to be engaged in unauthorized 
     conduct that is detrimental to the national security or 
     foreign policy of the United States.
       (g) Powers.--The Joint Committee may hold hearings, sit and 
     act at such times and places, require by subpoena (to be 
     issued under the signature of the Chair or Vice Chair of the 
     Joint Committee) or otherwise the attendance of such 
     witnesses and the production of such books, papers, and 
     documents, administer such oaths, take such testimony, 
     procure such printing and binding, and make such expenditures 
     as it considers advisable.
       (h) United States Entity Defined.--In this section, the 
     term ``United States entity'' means an entity--
       (1) not less than 50 percent of the equity interest in 
     which is owned by citizens or nationals of the United States 
     (as defined in section 101(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a))); and
       (2) that maintains its headquarters and the majority of its 
     production facilities in the United States.

     SEC. 6404. COMPTROLLER GENERAL REPORT ON ASSISTANT SECRETARY 
                   OF DEFENSE FOR INDUSTRIAL BASE POLICY.

       Not later than 2 years after the confirmation of the first 
     Assistant Secretary of Defense for Industrial Base Policy 
     under section 138 of title 10, United States Code, as amended 
     by section 903 of the William M. (Mac) Thornberry National 
     Defense Authorization Act for Fiscal Year 2021 (Public Law 
     116-283), the Comptroller General of the United States shall 
     submit to the Committees on Armed Services of the Senate and 
     the House of Representatives and the Joint Committee on 
     Defense Production a report on the strategy, effectiveness, 
     and responsibilities of the Assistant Secretary of Defense 
     for Industrial Base Policy.
                                 ______