[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.--

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       (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).
                                 ______