Critical Supply Chains Commission Act
This bill establishes a National Commission on Critical Supply Chains to identify and investigate the dependencies, limitations, and risks associated with critical supply chains.
The commission may hold hearings as appropriate and obtain relevant information directly from federal, state, and local governmental bodies as needed.
The commission must annually report its findings, conclusions, and recommendations for actions to mitigate the risks of future American supply chain disruptions.
[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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Consumer Protection and Commerce.
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