,,ii #aagth ,,congress #ast ,session ,s4 #cbjh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #ae1 #bjba,ms4 ,baldwin 7for herself1 ,mr4 ,brown1 ,mr4 ,coons1 ,ms4 ,cortez ,masto1 ,mrs4 ,feinstein1 ,mrs4 ,gillibrand1 ,mr4 ,padilla1 ,ms4 ,rosen1 ,mr4 ,van ,hollen1 ,mr4 ,warnock1 and ,mr4 ,whitehouse7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to establish the ,office of ,supply ,chain ,resiliency within the ,department of ,commerce to provide expansion support to companies and supply chains in the ,united ,states that are vulnerable to shortages and price increases1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,supply ,chain ,resiliency ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,assistant ,secretary ,the term ,assistant ,secretary means the ,assistant ,secretary of ,commerce for ,supply ,chain ,resiliency4 7#b7 ,critical product ,the term critical product means a product that is critical to the national security1 economic security1 or public health of the ,united ,states4 7#c7 ,eligible entity ,the term eligible entity-- 7,a7 means a manufacturer that-- 7i7 produces not less than #a good at a facility in the ,united ,states2 and 7ii7 is a small business concern2 and 7,b7 may include a manufacturer that is not a small business concern if the ,secretary determines that providing expansion support to the manufacturer under section #d would be in the public interest4 7#d7 ,office ,the term ,office means the ,office of ,supply ,chain ,resiliency4 7#e7 ,program ,the term ,program means the ,supply ,chain ,monitoring and ,resiliency ,program established under section #d7;a74 7#f7 ,secretary ,the term ,secretary means the ,secretary of ,commerce4 7#g7 ,small business concern ,the term small business concern has the meaning given the term in section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb74 #c4 ,office of supply chain resiliency 7a7 ,establishment ,the ,secretary shall establish within the ,department of ,commerce the ,office of ,supply ,chain ,resiliency4 7b7 ,assistant ,secretary ,the ,office shall be headed by the ,assistant ,secretary of ,commerce for ,supply ,chain ,resiliency1 who shall be appointed by the ,secretary4 7c7 ,responsibilities of the ,assistant ,secretary ,the ,assistant ,secretary shall-- 7#a7 administer the ,supply ,chain ,monitoring and ,resiliency ,program2 7#b7 hire each employee of the ,office2 and 7#c7 issue regulations necessary to carry out this ,act4 #d4 ,supply chain monitoring and resiliency program 7a7 ,establishment ,the ,assistant ,secretary shall establish within the ,office the ,supply ,chain ,resiliency ,program4 7b7 ,objectives ,the objectives of the ,program shall be to-- 7#a7 monitor and research interstate commerce and supply chains in the ,united ,states to identify vulnerabilities in supply chains that-- 7,a7 produce products that are critical to the national security1 economic security1 and public health of the ,united ,states2 and 7,b7 produce products in emerging technologies2 and 7#b7 improve the supply in the ,united ,states of critical products in supply chains identified under paragraph 7#a7 by providing expansion support to eligible entities4 7c7 ,supply chain research 7#a7 ,in general ,under the ,program1 the ,assistant ,secretary shall conduct research and analysis to identify supply chains that are-- 7,a7 experiencing supply shortages2 or 7,b7 vulnerable to experiencing supply shortages4 7#b7 ,supply chain vulnerabilities ,for the purpose of paragraph 7#a71 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-- 7,a7 a critical product-- 7i7 of which there is a supply shortage or price spike due to a limited supply of the critical product2 or 7ii7 that is in danger of experiencing a supply shortage or price spike due to a limited supply of the product2 7,b7 a manufacturer in the ,united ,states that is the sole supplier1 or that is in danger of becoming the sole supplier1 in the supply chain of a critical product2 7,c7 a manufacturer in the ,united ,states of a critical product that cannot make investments in property1 a plant1 and equipment necessary to expand the production of the critical product due to a lack of access to low-cost1 long-term capital2 7,d7 a manufacturer in the ,united ,states that has reduced output of a critical product because-- 7i7 the necessary inputs to manufacture the critical product are unavailable due to a supply shortage or transportation disruption2 7ii7 the cost of necessary inputs to manufacture the critical product have increased because of a supply shortage2 or 7iii7 the critical product cannot be delivered due to a transportation disruption2 and 7,e7 any other supply chain disruption identified by the ,assistant ,secretary that results in1 or could result in1 increased prices and supply shortages for a critical product4 7#c7 ,methods ,in conducting the research and analysis required under paragraph 7#a71 the ,assistant ,secretary may-- 7,a7 conduct surveys of industry2 7,b7 analyze market data1 including consumer price indices and the components of those indices2 and 7,c7 convene meetings with manufacturers1 suppliers1 consumers1 retailers1 labor organizations1 and other constituents of supply chains in the ,united ,states4 7#d7 ,supply shock stress tests ,the ,assistant ,secretary may conduct stress tests to simulate the impact of hypothetical supply chain shocks on-- 7,a7 supply chains for critical products in the ,united ,states2 and 7,b7 manufacturers in the ,united ,states that comprise the supply chains described in subparagraph 7,a7 by-- 7i7 producing critical products2 7ii7 supplying inputs to critical products2 or 7iii7 buying critical products as an input for the manufactured goods of the manufacturer4 7#e7 ,eligibility for expansion support ,in identifying entities that may be eligible to receive expansion support under subsection 7d77#a71 the ,assistant ,secretary-- 7,a7 shall use data gathered from the research conducted under paragraph 7#a72 and 7,b7 may use results of the stress tests conducted under paragraph 7#d74 7d7 ,supply chain resiliency expansion support 7#a7 ,in general ,under the ,program1 the ,assistant ,secretary shall provide expansion support to eligible entities in the form of-- 7,a7 loans2 7,b7 loan guaranties on private markets2 and 7,c7 grants4 7#b7 ,use of expansion support ,an eligible entity that receives expansion support under paragraph 7#a7 shall use the expansion support to expand production of a product that is part of a supply chain identified under subsection 7c77#a74 7#c7 ,terms and conditions of expansion support 7,a7 ,in general ,an eligible entity that receives expansion support under paragraph 7#a7 shall agree to-- 7i7 maintain production of a critical product in the ,united ,states2 7ii7 comply with the labor standards required under subparagraph 7,b72 and 7iii7 any other terms or conditions the ,assistant ,secretary may require in order to achieve the objectives of the ,program4 7,b7 ,labor-management cooperation 7i7 ,in general ,notwithstanding any other provision of law1 including the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aea et seq471 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 section4 7ii7 ,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 #i of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aei7 as the exclusive representative of any of the employees in the unit who perform or will perform such work4 ,upon such showing of majority status1 the employer shall notify the labor organization and the ,national ,labor ,relations ,board that the employer-- 7,i7 has determined that the labor organization represents a majority of the employees in such unit who perform or will perform such work2 and 7,,ii7 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 section4 7iii7 ,dispute resolution and unit certification ,if a dispute over majority status or the appropriateness of the unit described in clause 7ii7 arise between the employer and the labor organization1 either party may request that the ,national ,labor ,relations ,board investigate and resolve the dispute4 ,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 purposes1 the ,board shall not direct an election but shall certify the labor organization as the representative described in section #i7;a7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aei7;a774 7iv7 ,meetings and collective bargaining agreements ,not later than #aj days after an employer receiving funding under this section 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 section1 or within such period as the parties agree upon1 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 agreement4 7v7 ,mediation and conciliation ,if1 after the expiration of the #ij-;day period beginning on the date on which collective bargaining is commenced under clause 7iv71 or such additional period as the parties may agree upon1 the parties have failed to reach an agreement1 either party may notify the ,federal ,mediation and ,conciliation ,service 7referred to in this subparagraph as the ,service7 of the existence of a dispute and request mediation4 ,whenever such a request is received1 it shall be the duty of the ,service promptly to put itself in communication with the parties and to use its best efforts1 by mediation and conciliation1 to bring them to agreement4 7vi7 ,tripartite arbitration 7,i7 ,in general ,if1 after the expiration of the #cj-;day period beginning on the date on which the request for mediation is made under clause 7v71 or such additional period as the parties may agree upon1 the ,service is not able to bring the parties to agreement by mediation and conciliation1 the ,service shall refer the dispute to a tripartite arbitration panel established in accordance with such regulations as may be prescribed by the ,service4 7,,ii7 ,members ,a tripartite arbitration panel established under this clause with respect to a dispute shall be composed of #a member selected by the labor organization1 #a member selected by the employer1 and #a neutral member mutually agreed to by the labor organization and the employer4 ,each such member shall be selected not later than #ad days after the expiration of the #cj-;day period described in subclause 7,i7 with respect to such dispute4 ,any member not so selected by the date that is #ad days after the expiration of such period shall be selected by the ,service4 7,,iii7 ,decisions ,a majority of a tripartite arbitration panel established under this clause with respect to a dispute shall render a decision settling the dispute as soon as practicable1 and 7absent extraordinary circumstances or by agreement or permission of the parties7 not later than #abj days after the establishment of such panel4 ,such a decision shall be binding upon the parties for a period of #b years1 unless amended during such period by written consent of the parties4 ,such decision shall be based on-- 7aa7 the financial status and prospects of the employer2 7bb7 the size and type of the operations and business of the employer2 7cc7 the cost of living of the employees2 7dd7 the ability of the employees to sustain themselves1 their families1 and their dependents on the wages and benefits they earn from the employer2 and 7ee7 the wages and benefits other employers in the same business provide their employees4 7vii7 ,contractors and subcontractors ,any employer receiving funds under this section to procure goods or services shall require a contractor or subcontractor1 whose employees perform or will perform work funded under this section1 that contracts or subcontracts with the employer to comply with the requirements set forth in clauses 7i7 through 7vi74 7viii7 ,definitions ,in this subparagraph1 the terms employee1 employer1 and labor organization have the meanings given the terms in section #b of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeb74 7,c7 ,limitation of funds ,funds appropriated to carry out this ,act shall not be used to assist1 promote1 or deter organizing of labor organizations4 7e7 ,supply chain resiliency fund 7#a7 ,establishment ,there is established a ,supply ,chain ,resiliency ,fund for the purpose of funding loans1 loan guaranties1 and grants under the ,program4 7#b7 ,financial operations of the supply chain resiliency fund 7,a7 ,in general ,the ,assistant ,secretary shall use the funds in the ,supply ,chain ,resiliency ,fund to finance loans1 loan guaranties1 and grants to eligible entities under the ,program4 7,b7 ,reserve ratio ,the ,assistant ,secretary shall not lend in excess of #aj times the capital in reserve in the ,supply ,chain ,resiliency ,fund4 7,c7 ,interest rate ,the ,assistant ,secretary shall establish interest rates for loans1 loan guaranties1 and other instruments as the ,secretary considers appropriate1 taking into account-- 7i7 the objectives of the ,program described in section #c7;b72 and 7ii7 the cost of capital experienced by foreign competitors to the beneficiaries of the support provided under this section4 7f7 ,authorization of appropriations ,there are authorized to be appropriated to the ,assistant ,secretary #e1jjj1jjj1jjj for each of fiscal years #bjbc through #bjbg to carry out the ,program1 of which #d1jjj1jjj1jjj shall be deposited into the ,supply ,chain ,resiliency ,fund established under subsection 7e74