[Congressional Record Volume 167, Number 198 (Monday, November 15, 2021)]
[Senate]
[Pages S8153-S8155]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4630. Ms. BALDWIN submitted an amendment intended to be proposed
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. OFFICE OF SUPPLY CHAIN RESILIENCY.
(a) Definitions.--In this section:
(1) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Supply Chain
Resiliency.
(2) Critical product.--The term ``critical product'' means
a product that is critical to the national security, economic
security, or public health of the United States.
(3) Eligible entity.--The term ``eligible entity''--
(A) means a manufacturer that--
(i) produces not less than 1 good at a facility in the
United States; and
(ii) is a small business concern; and
(B) may include a manufacturer that is not a small business
concern if the Secretary determines that providing expansion
support to the manufacturer under subsection (c) would be in
the public interest.
(4) Office.--The term ``Office'' means the Office of Supply
Chain Resiliency.
(5) Program.--The term ``Program'' means the Supply Chain
Monitoring and Resiliency Program established under
subsection (c)(1).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(7) Small business concern.--The term ``small business
concern'' has the meaning given the term in section 3 of the
Small Business Act (15 U.S.C. 632).
(b) Office of Supply Chain Resiliency.--
(1) Establishment.--The Secretary shall establish within
the Department of Commerce the Office of Supply Chain
Resiliency.
(2) Assistant secretary.--The Office shall be headed by the
Assistant Secretary of Commerce for Supply Chain Resiliency,
who shall be appointed by the Secretary.
(3) Responsibilities of the assistant secretary.--The
Assistant Secretary shall--
(A) administer the Supply Chain Monitoring and Resiliency
Program;
(B) hire each employee of the Office; and
(C) issue regulations necessary to carry out this Act.
(c) Supply Chain Monitoring and Resiliency Program.--
[[Page S8154]]
(1) Establishment.--The Assistant Secretary shall establish
within the Office the Supply Chain Resiliency Program.
(2) Objectives.--The objectives of the Program shall be
to--
(A) monitor and research interstate commerce and supply
chains in the United States to identify vulnerabilities in
supply chains that--
(i) produce products that are critical to the national
security, economic security, and public health of the United
States; and
(ii) produce products in emerging technologies; and
(B) improve the supply in the United States of critical
products in supply chains identified under subparagraph (A)
by providing expansion support to eligible entities.
(3) Supply chain research.--
(A) In general.--Under the Program, the Assistant Secretary
shall conduct research and analysis to identify supply chains
that are--
(i) experiencing supply shortages; or
(ii) vulnerable to experiencing supply shortages.
(B) Supply chain vulnerabilities.--For the purpose of
subparagraph (A), a supply chain that is experiencing a
supply shortage or vulnerable to experiencing a supply
shortage shall include a supply chain within which there is--
(i) a critical product--
(I) of which there is a supply shortage or price spike due
to a limited supply of the critical product; or
(II) that is in danger of experiencing a supply shortage or
price spike due to a limited supply of the product;
(ii) a manufacturer in the United States that is the sole
supplier, or that is in danger of becoming the sole supplier,
in the supply chain of a critical product;
(iii) a manufacturer in the United States of a critical
product that cannot make investments in property, a plant,
and equipment necessary to expand the production of the
critical product due to a lack of access to low-cost, long-
term capital;
(iv) a manufacturer in the United States that has reduced
output of a critical product because--
(I) the necessary inputs to manufacture the critical
product are unavailable due to a supply shortage or
transportation disruption;
(II) the cost of necessary inputs to manufacture the
critical product have increased because of a supply shortage;
or
(III) the critical product cannot be delivered due to a
transportation disruption; and
(v) any other supply chain disruption identified by the
Assistant Secretary that results in, or could result in,
increased prices and supply shortages for a critical product.
(C) Methods.--In conducting the research and analysis
required under subparagraph (A), the Assistant Secretary
may--
(i) conduct surveys of industry;
(ii) analyze market data, including consumer price indices
and the components of those indices; and
(iii) convene meetings with manufacturers, suppliers,
consumers, retailers, labor organizations, and other
constituents of supply chains in the United States.
(D) Supply shock stress tests.--The Assistant Secretary may
conduct stress tests to simulate the impact of hypothetical
supply chain shocks on--
(i) supply chains for critical products in the United
States; and
(ii) manufacturers in the United States that comprise the
supply chains described in clause (i) by--
(I) producing critical products;
(II) supplying inputs to critical products; or
(III) buying critical products as an input for the
manufactured goods of the manufacturer.
(E) Eligibility for expansion support.--In identifying
entities that may be eligible to receive expansion support
under paragraph (4)(A), the Assistant Secretary--
(i) shall use data gathered from the research conducted
under subparagraph (A); and
(ii) may use results of the stress tests conducted under
subparagraph (D).
(4) Supply chain resiliency expansion support.--
(A) In general.--Under the Program, the Assistant Secretary
shall provide expansion support to eligible entities in the
form of--
(i) loans;
(ii) loan guaranties on private markets; and
(iii) grants.
(B) Use of expansion support.--An eligible entity that
receives expansion support under subparagraph (A) shall use
the expansion support to expand production of a product that
is part of a supply chain identified under paragraph (3)(A).
(C) Terms and conditions of expansion support.--
(i) In general.--An eligible entity that receives expansion
support under subparagraph (A) shall agree to--
(I) maintain production of a critical product in the United
States;
(II) comply with the labor standards required under clause
(ii); and
(III) any other terms or conditions the Assistant Secretary
may require in order to achieve the objectives of the
Program.
(ii) Labor-management cooperation.--
(I) In general.--Notwithstanding any other provision of
law, including the National Labor Relations Act (29 U.S.C.
151 et seq.), this subparagraph shall apply with respect to
any recipient of funding under this section who is an
employer and any labor organization who represents or seeks
to represent any employees or only those employees who
perform or will perform work funded under this section.
(II) Recognition.--Any employer receiving funds under this
section shall recognize for purposes of collective bargaining
a labor organization that demonstrates that a majority of the
employees in a unit appropriate for such purposes and who
perform or will perform work funded under this section have
signed valid authorizations designating the labor
organization as their collective bargaining representative
and that no other labor organization is certified or
recognized pursuant to section 9 of the National Labor
Relations Act (29 U.S.C. 159) as the exclusive representative
of any of the employees in the unit who perform or will
perform such work. Upon such showing of majority status, the
employer shall notify the labor organization and the National
Labor Relations Board that the employer--
(aa) has determined that the labor organization represents
a majority of the employees in such unit who perform or will
perform such work; and
(bb) is recognizing the labor organization as the exclusive
representative of the employees in such unit who perform or
will perform such work for the purposes of collective
bargaining pursuant to that section.
(III) Dispute resolution and unit certification.--If a
dispute over majority status or the appropriateness of the
unit described in subclause (II) arise between the employer
and the labor organization, either party may request that the
National Labor Relations Board investigate and resolve the
dispute. If the Board finds that a majority of the employees
in a unit appropriate for purposes of collective bargaining
who perform or will perform work funded under this section
has signed valid authorizations designating the labor
organization as their representative for such purposes and
that no other individual or labor organization is certified
or recognized as the exclusive representative of any of the
employees in the unit who perform or will perform such work
for such purposes, the Board shall not direct an election but
shall certify the labor organization as the representative
described in section 9(a) of the National Labor Relations Act
(29 U.S.C. 159(a)).
(IV) Meetings and collective bargaining agreements.--Not
later than 10 days after an employer receiving funding under
this subsection receives a written request for collective
bargaining from a recognized or certified labor organization
representing employees who perform or will perform work
funded under this subsection, or within such period as the
parties agree upon, the labor organization and employer shall
meet and commence to bargain collectively and shall make
every reasonable effort to conclude and sign a collective
bargaining agreement.
(V) Mediation and conciliation.--If, after the expiration
of the 90-day period beginning on the date on which
collective bargaining is commenced under subclause (IV), or
such additional period as the parties may agree upon, the
parties have failed to reach an agreement, either party may
notify the Federal Mediation and Conciliation Service
(referred to in this clause as the ``Service'') of the
existence of a dispute and request mediation. Whenever such a
request is received, it shall be the duty of the Service
promptly to put itself in communication with the parties and
to use its best efforts, by mediation and conciliation, to
bring them to agreement.
(VI) Tripartite arbitration.--
(aa) In general.--If, after the expiration of the 30-day
period beginning on the date on which the request for
mediation is made under subclause (V), or such additional
period as the parties may agree upon, the Service is not able
to bring the parties to agreement by mediation and
conciliation, the Service shall refer the dispute to a
tripartite arbitration panel established in accordance with
such regulations as may be prescribed by the Service.
(bb) Members.--A tripartite arbitration panel established
under this subclause with respect to a dispute shall be
composed of 1 member selected by the labor organization, 1
member selected by the employer, and 1 neutral member
mutually agreed to by the labor organization and the
employer. Each such member shall be selected not later than
14 days after the expiration of the 30-day period described
in item (aa) with respect to such dispute. Any member not so
selected by the date that is 14 days after the expiration of
such period shall be selected by the Service.
(cc) Decisions.--A majority of a tripartite arbitration
panel established under this subclause with respect to a
dispute shall render a decision settling the dispute as soon
as practicable, and (absent extraordinary circumstances or by
agreement or permission of the parties) not later than 120
days after the establishment of such panel. Such a decision
shall be binding upon the parties for a period of 2 years,
unless amended during such period by written consent of the
parties. Such decision shall be based on--
(AA) the financial status and prospects of the employer;
(BB) the size and type of the operations and business of
the employer;
(CC) the cost of living of the employees;
(DD) the ability of the employees to sustain themselves,
their families, and their dependents on the wages and
benefits they earn from the employer; and
[[Page S8155]]
(EE) the wages and benefits other employers in the same
business provide their employees.
(VII) Contractors and subcontractors.--Any employer
receiving funds under this subsection to procure goods or
services shall require a contractor or subcontractor, whose
employees perform or will perform work funded under this
subsection, that contracts or subcontracts with the employer
to comply with the requirements set forth in subclauses (I)
through (VI).
(VIII) Definitions.--In this clause, the terms
``employee'', ``employer'', and ``labor organization'' have
the meanings given the terms in section 2 of the National
Labor Relations Act (29 U.S.C. 152).
(iii) Limitation of funds.--Funds appropriated to carry out
this section shall not be used to assist, promote, or deter
organizing of labor organizations.
(5) Supply chain resiliency fund.--
(A) Establishment.--There is established a Supply Chain
Resiliency Fund for the purpose of funding loans, loan
guaranties, and grants under the Program.
(B) Financial operations of the supply chain resiliency
fund.--
(i) In general.--The Assistant Secretary shall use the
funds in the Supply Chain Resiliency Fund to finance loans,
loan guaranties, and grants to eligible entities under the
Program.
(ii) Reserve ratio.--The Assistant Secretary shall not lend
in excess of 10 times the capital in reserve in the Supply
Chain Resiliency Fund.
(iii) Interest rate.--The Assistant Secretary shall
establish interest rates for loans, loan guaranties, and
other instruments as the Secretary considers appropriate,
taking into account--
(I) the objectives of the Program described in section
paragraph (2); and
(II) the cost of capital experienced by foreign competitors
to the beneficiaries of the support provided under this
subsection.
(6) Authorization of appropriations.--There are authorized
to be appropriated to the Assistant Secretary $5,000,000,000
for each of fiscal years 2023 through 2027 to carry out the
Program, of which $4,000,000,000 shall be deposited into the
Supply Chain Resiliency Fund established under paragraph (5).
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