S.Amdt. 1894

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.
______