IIB
117th CONGRESS
2d Session
H. R. 4476
IN THE SENATE OF THE UNITED STATES
April 6, 2022
Received; read twice and referred to the Committee on Homeland Security and Governmental Affairs
AN ACT
To establish the Department of Homeland Security (DHS) Trade and Economic Security Council and the position of Assistant Secretary for Trade and Economic Security within the Department of Homeland Security, and for other purposes.
Short title
This Act may be cited as the DHS Trade and Economic Security Council Act of 2021
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DHS Trade and Economic Security Council
In general
Subtitle H of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 451 et seq.) is amended by adding at the end the following new section:
DHS Trade and Economic Security Council
Establishment
There is established in the Department the DHS Trade and Economic Security Council (referred to in this section as the Council
).
Duties of the Council
The Council shall provide to the Secretary advice and recommendations on matters of trade and economic security, including—
identifying concentrated risks for trade and economic security;
setting priorities for securing the Nation’s trade and economic security;
coordinating Department-wide activity on trade and economic security matters;
with respect to the President’s continuity of the economy plan under section 9603 of the William M. (Mac) Thornberry National Defense Authorization Act of Fiscal Year 2021;
proposing statutory and regulatory changes impacting trade and economic security; and
any other matters the Secretary considers appropriate.
Membership
In general
The Council shall be composed of the following members:
The Assistant Secretary for Trade and Economic Security of the Office of Strategy, Policy, and Plans of the Department.
An officer or an employee, selected by the Secretary, from each of the following components and offices of the Department:
The Cybersecurity and Infrastructure Security Agency.
The Federal Emergency Management Agency.
The Office of Intelligence and Analysis.
The Science and Technology Directorate.
United States Citizenship and Immigration Services.
The Coast Guard.
U.S. Customs and Border Protection.
U.S. Immigration and Customs Enforcement.
The Transportation Security Administration.
Chair and Vice Chair
The Assistant Secretary for Trade and Economic Security shall serve as Chair of the Council. The Assistant Secretary for Trade and Economic Security may designate a Council member as a Vice Chair.
Meetings
The Council shall meet not less frequently than quarterly, as well as—
at the call of the Chair; or
at the direction of the Secretary.
Briefings
Not later than 180 days after the date of the enactment of this section and every six months thereafter for four years, the Council shall brief the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate on the actions and activities of the Council.
Definition
In this section, the term economic security
means the condition of having secure and resilient domestic production capacity combined with reliable access to the global resources necessary to maintain an acceptable standard of living and protect core national values.
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Clerical amendment
The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 890A the following new item:
Sec. 890B. DHS Trade and Economic Security Council.
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Assistant Secretary for Trade and Economic Security
Section 709 of the Homeland Security Act of 2002 (6 U.S.C. 349) is amended—
by redesignating subsection (g) as subsection (h); and
by inserting after subsection (f) the following new subsection:
Assistant Secretary for Trade and Economic Security
In general
There is within the Office of Strategy, Policy, and Plans an Assistant Secretary for Trade and Economic Security.
Duties
The Assistant Secretary for Trade and Economic Security shall be responsible for policy formulation regarding matters relating to economic security and trade, as such matters relate to the mission and the operations of the Department.
Additional responsibilities
In addition to the duties specified in paragraph (2), the Assistant Secretary for Trade and Economic Security shall—
oversee—
the activities and enhancements of requirements for supply chain mapping not otherwise assigned by law or by the Secretary to another officer; and
assessments and reports to Congress related to critical economic security domains;
serve as the executive for the Department on the Committee on Foreign Investment in the United States (CFIUS), the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector, and the Federal Acquisition Security Council (in addition to any position on such Council occupied by a representative of the Cybersecurity and Infrastructure Security Agency of the Department);
coordinate with stakeholders in other Federal departments and agencies and non-governmental entities with trade and economic security interests, authorities, and responsibilities; and
perform such additional duties as the Secretary or the Under Secretary of Strategy, Policy, and Plans may prescribe.
Definitions
In this subsection:
Critical economic security domain
The term critical economic security domain
means any infrastructure, industry, technology, or intellectual property (or combination thereof) that is essential for the economic security of the United States.
Economic security
The term economic security
has the meaning given such term in section 890B.
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Authorization of appropriations
There are authorized to be appropriated to the Secretary of Homeland Security $3,000,000 for each of fiscal years 2022 through 2026 to carry out section 890B and subsection (g) of section 709 of the Homeland Security Act of 2002, as added and inserted, respectively, by sections 2 and 3 of this Act.
Passed the House of Representatives April 5, 2022.
Cheryl L. Johnson,
Clerk.