[House Report 117-239]
[From the U.S. Government Publishing Office]
117th Congress } { Rept. 117-239
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
======================================================================
DHS TRADE AND ECONOMIC SECURITY COUNCIL ACT OF 2021
_______
February 1, 2022.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Thompson of Mississippi, from the Committee on Homeland Security,
submitted the following
R E P O R T
[To accompany H.R. 4476]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 4476) 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, having considered the same, reports favorably thereon
with an amendment and recommends that the bill as amended do
pass.
CONTENTS
Page
Purpose and Summary.............................................. 3
Background and Need for Legislation.............................. 3
Hearings......................................................... 4
Committee Consideration.......................................... 5
Committee Votes.................................................. 5
Committee Oversight Findings..................................... 5
C.B.O. Estimate, New Budget Authority, Entitlement Authority, and
Tax Expenditures............................................... 5
Correspondence with Other Committees............................. 6
Federal Mandates Statement....................................... 7
Duplicative Federal Programs..................................... 7
Statement of General Performance Goals and Objectives............ 7
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 8
Advisory Committee Statement..................................... 8
Applicability to Legislative Branch.............................. 8
Section-by-Section Analysis of the Legislation................... 8
Changes in Existing Law Made by the Bill, as Reported............ 9
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``DHS Trade and Economic Security
Council Act of 2021''.
SEC. 2. DHS TRADE AND ECONOMIC SECURITY COUNCIL.
(a) 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:
``SEC. 890B. DHS TRADE AND ECONOMIC SECURITY COUNCIL.
``(a) Establishment.--There is established in the Department the DHS
Trade and Economic Security Council (referred to in this section as the
`Council').
``(b) Duties of the Council.--The Council shall provide to the
Secretary advice and recommendations on matters of trade and economic
security, including--
``(1) identifying concentrated risks for trade and economic
security;
``(2) setting priorities for securing the Nation's trade and
economic security;
``(3) coordinating Department-wide activity on trade and
economic security matters;
``(4) 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;
``(5) proposing statutory and regulatory changes impacting
trade and economic security; and
``(6) any other matters the Secretary considers appropriate.
``(c) Membership.--
``(1) In general.--The Council shall be composed of the
following members:
``(A) The Assistant Secretary for Trade and Economic
Security of the Office of Strategy, Policy, and Plans
of the Department.
``(B) An officer or an employee, selected by the
Secretary, from each of the following components and
offices of the Department:
``(i) The Cybersecurity and Infrastructure
Security Agency.
``(ii) The Federal Emergency Management
Agency.
``(iii) The Office of Intelligence and
Analysis.
``(iv) The Science and Technology
Directorate.
``(v) United States Citizenship and
Immigration Services.
``(vi) The Coast Guard.
``(vii) U.S. Customs and Border Protection.
``(viii) U.S. Immigration and Customs
Enforcement.
``(ix) The Transportation Security
Administration.
``(2) 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.
``(d) Meetings.--The Council shall meet not less frequently than
quarterly, as well as--
``(1) at the call of the Chair; or
``(2) at the direction of the Secretary.
``(e) 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.
``(f) 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.''.
(b) 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.''.
SEC. 3. ASSISTANT SECRETARY FOR TRADE AND ECONOMIC SECURITY.
Section 709 of the Homeland Security Act of 2002 (6 U.S.C. 349) is
amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new
subsection:
``(g) Assistant Secretary for Trade and Economic Security.--
``(1) In general.--There is within the Office of Strategy,
Policy, and Plans an Assistant Secretary for Trade and Economic
Security.
``(2) 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.
``(3) Additional responsibilities.--In addition to the duties
specified in paragraph (2), the Assistant Secretary for Trade
and Economic Security shall--
``(A) oversee--
``(i) the activities and enhancements of
requirements for supply chain mapping not
otherwise assigned by law or by the Secretary
to another officer; and
``(ii) assessments and reports to Congress
related to critical economic security domains;
``(B) 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);
``(C) coordinate with stakeholders in other Federal
departments and agencies and non-governmental entities
with trade and economic security interests,
authorities, and responsibilities; and
``(D) perform such additional duties as the Secretary
or the Under Secretary of Strategy, Policy, and Plans
may prescribe.
``(4) Definitions.--In this subsection:
``(A) 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.
``(B) Economic security.--The term `economic
security' has the meaning given such term in section
890B.''.
SEC. 4. 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.
Purpose and Summary
H.R. 4476, the ``DHS Trade and Economic Security Council
Act of 2021'' codifies the Department of Homeland Security's
(DHS) Trade and Economic Security Council (``the Council'') as
well as the position of Assistant Secretary for Trade and
Economic Security within the Office of Strategy, Policy, and
Plans. The bill specifies that the Council shall provide the
Secretary of Homeland Security advice and recommendations on
matters of trade and economic security such as identifying
risks, setting priorities, and coordinating Department-wide
activity. In addition, the bill outlines the duties and
additional responsibilities that the Assistant Secretary for
Trade and Economic Security would perform. Finally, the bill
authorizes $3,000,000 for each of fiscal years 2022 through
2026 to conduct these activities.
Background and Need for Legislation
One of DHS's core missions is to advance American
prosperity and economic security long into the future. The
prosperity and security of the U.S. are integral to DHS's
homeland security operations in international trade, national
transportation systems, maritime activities, and U.S. financial
systems. This requires DHS to proactively consider potential
threats and vulnerabilities that could be exploited by
adversaries or exacerbated during a natural disaster, public
health emergency, or other events. The COVID-19 pandemic
exposed supply chain vulnerabilities, disrupting our economic
security, and illustrated why the U.S. must move away from its
dependence on other countries for goods that are critical to
the well-being of Americans.
In 2020, DHS's Homeland Security Advisory Council (HSAC)
issued a report that found that the supply chain threat to
American economic security is growing.\1\ Additionally, the DHS
2020 Economic Security Assessment emphasized that COVID-19
``laid bare some growing gaps in the U.S. economy, particularly
around manufacturing and supply chains for tangible goods.''\2\
The 2020 economic assessment concluded that, to ensure the
United States has a secure, resilient, and prosperous economy
today, tomorrow, and into the future, it is imperative to
proactively mitigate risks in these domains to minimize the
opportunity for adversaries to exploit them. In response to a
recommendation in the HSAC's 2020 report that seeks to solidify
DHS' economic security efforts,\3\ H.R. 4476 seeks to codify
two existing entities within the Department: (1) the DHS Trade
and Economic Security Council, and (2) the position of
Assistant Secretary for Trade and Economic Security within the
Office of Strategy, Policy, and Plans.
---------------------------------------------------------------------------
\1\``Final Report: Economic Security Subcommittee,'' Homeland
Security Advisory Council, (Nov. 2020), available at https://
www.dhs.gov/sites/default/files/publications/final_economic_security_
subcommittee_report_1.pdf.
\2\``2020 Economic Security Assessment,'' U.S. Department of
Homeland Security, Office of Strategy, Policy, and Plans; Trade and
Economic Security, (Jan. 2021), available at https://www.dhs.gov/sites/
default/files/publications/21_0111_economic-security-assessment-annual-
report.pdf.
\3\``Final Report: Economic Security Subcommittee,'' Homeland
Security Advisory Council, (Nov. 2020), available at https://
www.dhs.gov/sites/default/files/publications/final_economic_security_
subcommittee_report_1.pdf.
---------------------------------------------------------------------------
Hearings
For the purposes of clause 3(c)(6) of rule XIII of the
Rules of the House of Representatives, the following hearings
were used to develop H.R. 4476:
On July 15, 2021, the Committee held a
hearing entitled ``Securing the Homeland: Reforming DHS
to Meet Today's Threats.'' The Committee received
testimony from Mr. Tom Warrick, Senior Fellow and
Director of the Future of DHS Project, Atlantic
Council; Ms. Carrie Cordero, Senior Fellow and General
Counsel, Center for a New American Security; Ms.
Katrina Mulligan, Acting Vice President, National
Security and International Policy, Center for American
Progress; and Mr. Frank Cilluffo, Director, McCrary
Institute for Cyber and Critical Infrastructure
Security.
On March 17, 2021, the Committee held a
hearing entitled, ``The Way Forward on Homeland
Security.'' The Committee received testimony from the
Honorable Alejandro Mayorkas, Secretary of Homeland
Security.
On February 24, 2021, the Committee held a
hearing entitled, ``Confronting the Coronavirus:
Perspectives on the COVID-19 Pandemic One Year Later.''
The Committee received testimony from A. Nicole
Clowers, Managing Director, Health Care Team, U.S.
Government Accountability Office; Crystal Watson, DrPH,
Senior Scholar, Johns Hopkins Center for Health
Security, Assistant Professor in the Department of
Environmental Health and Engineering, Johns Hopkins
Bloomberg School of Public Health; Ngozi O. Ezike, MD,
Director, Illinois Department of Public Health; and J.
Ryan McMahon II, County Executive, Onondaga County, New
York.
Committee Consideration
The Committee met on October 26, 2021, a quorum being
present, to consider H.R. 4476 and ordered the measure to be
favorably reported to the House, as amended, by voice vote.
Committee Votes
Clause 3(b) of rule XIII requires the Committee to list the
recorded votes on the motion to report legislation and
amendments thereto.
No recorded votes were requested during consideration of
H.R. 4476.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII, the
Committee advises that the findings and recommendations of the
Committee, based on oversight activities under clause 2(b)(1)
of rule X, are incorporated in the descriptive portions of this
report.
Congressional Budget Office Estimate, New Budget Authority, Entitlement
Authority, and Tax Expenditures
With respect to the requirements of clause 3(c)(2) of rule
XIII and section 308(a) of the Congressional Budget Act of
1974, and with respect to the requirements of clause 3(c)(3) of
rule XIII and section 402 of the Congressional Budget Act of
1974, the Committee adopts as its own the estimate of any new
budget authority, spending authority, credit authority, or an
increase or decrease in revenues or tax expenditures contained
in the cost estimate prepared by the Director of the
Congressional Budget Office.
U.S. Congress,
Congressional Budget Office,
Washington, DC, January 27, 2022.
Hon. Bennie G. Thompson,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4476, the DHS
Trade and Economic Security Council Act of 2021.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Lindsay
Wylie.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
.H.R. 4476 would establish a Trade and Economic Security
Council within the Department of Homeland Security (DHS). The
council would consist of representatives from multiple DHS
offices and subagencies and would be responsible for
identifying risks to trade and economic security and
recommending new policies in those areas. Under the bill, the
council would be required to meet at least four times a year
and brief the Congress every six months on its activities. H.R.
4476 also would establish the position of Assistant Secretary
for Trade and Economic Security within the department, which
would be responsible for chairing the council and coordinating
DHS activities on trade and economic security.
The bill would authorize the appropriation of $3 million
each year from 2022 to 2026. Using historical patterns of
spending for similar programs and assuming appropriation of the
authorized amounts, CBO estimates implementing H.R. 4476 would
cost DHS about $14 million over the 2022-2026 period, with the
remaining authorized amount spent after 2026.
The CBO staff contact for this estimate is Lindsay Wylie.
The estimate was reviewed by Leo Lex, Deputy Director of Budget
Analysis.
Correspondence with Other Committees
House of Representatives,
Committee on Energy and Commerce,
Washington, DC, January 27, 2022.
Hon. Bennie G. Thompson,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
Dear Chairman Thompson: I write concerning H.R. 4476, the
``DHS Trade and Economic Security Council Act of 2021,'' which
was additionally referred to the Committee on Energy and
Commerce.
In recognition of the desire to expedite consideration of
H.R. 4476, the Committee agrees to waive formal consideration
of the bill as to provisions that fall within the Rule X
jurisdiction of the Committee. The Committee takes this action
with the mutual understanding that we do not waive any
jurisdiction over the subject matter contained in this or
similar legislation, and that the Committee will be
appropriately consulted and involved as this bill or similar
legislation moves forward so that we may address any remaining
issues within our jurisdiction. I also request that you support
my request to name members of the Committee to any conference
committee to consider such provisions.
Finally, I would appreciate the inclusion of this letter
into the report on H.R. 4476.
Sincerely,
Frank Pallone, Jr.,
Chairman.
------
House of Representatives,
Committee on Homeland Security,
Washington, DC, January 27, 2022.
Hon. Frank Pallone, Jr.,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
Dear Chairman Pallone: Thank you for your letter regarding
H.R. 4476, the ``DHS Trade and Economic Security Council Act of
2021.'' I recognize that the Committee on Energy and Commerce
has a jurisdictional interest in H.R. 4476, and I appreciate
your effort to allow this bill to be considered on the House
floor.
I concur with you that forgoing action on the bill does not
in any way prejudice the Committee on Energy and Commerce with
respect to its jurisdictional prerogatives on this bill or
similar legislation in the future, and I would support your
effort to seek appointment of an appropriate number of
conferees to any House-Senate conference involving this
legislation.
I will include our letters on H.R. 4476 in the Committee
report on this measure and in the Congressional Record during
floor consideration of this bill. I look forward to working
with you on this legislation and other matters of great
importance to this Nation.
Sincerely,
Bennie G. Thompson,
Chairman.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Duplicative Federal Programs
Pursuant to clause 3(c) of rule XIII, the Committee finds
that H.R. 4476 does not contain any provision that establishes
or reauthorizes a program known to be duplicative of another
Federal program.
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII, the objective of
H.R. 4476 is to solidify DHS' efforts to address supply chain
vulnerabilities and support the Nation's economic security by
codifying two existing entities within the Department: (1) the
DHS Trade and Economic Security Council, and (2) the position
of Assistant Secretary for Trade and Economic Security within
the Office of Strategy, Policy, and Plans.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with rule XXI, this bill, as reported,
contains no congressional earmarks, limited tax benefits, or
limited tariff benefits as defined in clause 9(d), 9(e), or
9(f) of rule XXI.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that H.R. 4476 does not relate to the
terms and conditions of employment or access to public services
or accommodations within the meaning of section 102(b)(3) of
the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Short Title.
This section states that the Act may be cited as the ``DHS
Trade and Economic Security Council Act of 2021''.
Sec. 2. DHS Trade and Economic Security Council.
This section amends the Homeland Security Act of 2002 by
adding a new section entitled, ``DHS Trade and Economic
Security Council.'' This section establishes a Trade and
Economic Security Council within the Department. This section
details the duties of the Council, outlines membership
requirements, names the Assistant Secretary for Trade and
Economic Security as the Chair, and establishes when the
Council shall meet. In addition, this section requires the
Council to 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 activities and
actions of the Council not later than 180 days after enactment
of this Act.
Sec. 3. Assistant Secretary for Trade and Economic
Security.
This section requires that one of the Assistant Secretaries
within the Office of Strategy, Policy, and Plans shall be an
Assistant Secretary for Trade and Economic Security. This
section also delineates the duties and additional
responsibilities of the Assistant Secretary for Trade and
Economic Security to include: overseeing activities related to
supply chain mapping, serving as the Department's
representative on the Committee on Foreign Investment in the
United States, and coordinating with stakeholders.
Sec. 4. Authorization of Appropriations.
This section authorizes $3,000,000 for each of fiscal years
2022 through 2026 to carry out the activities in section 890B
and subsection (g) of section 709 of the Homeland Security Act
of 2002.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
HOMELAND SECURITY ACT OF 2002
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Homeland
Security Act of 2002''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
* * * * * * *
TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL;
UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS
* * * * * * *
Subtitle H--Miscellaneous Provisions
* * * * * * *
Sec. 890B. DHS Trade and Economic Security Council.
* * * * * * *
TITLE VII--MANAGEMENT
* * * * * * *
SEC. 709. OFFICE OF STRATEGY, POLICY, AND PLANS.
(a) In General.--There is established in the Department an
Office of Strategy, Policy, and Plans.
(b) Head of Office.--The Office of Strategy, Policy, and
Plans shall be headed by an Under Secretary for Strategy,
Policy, and Plans, who shall serve as the principal policy
advisor to the Secretary. The Under Secretary for Strategy,
Policy, and Plans shall be appointed by the President, by and
with the advice and consent of the Senate.
(c) Functions.--The Under Secretary for Strategy, Policy,
and Plans shall--
(1) lead, conduct, and coordinate Department-wide
policy development and implementation and strategic
planning;
(2) develop and coordinate policies to promote and
ensure quality, consistency, and integration for the
programs, components, offices, and activities across
the Department;
(3) develop and coordinate strategic plans and long-
term goals of the Department with risk-based analysis
and planning to improve operational mission
effectiveness, including consultation with the
Secretary regarding the quadrennial homeland security
review under section 707;
(4) manage Department leadership councils and
provide analytics and support to such councils;
(5) manage international coordination and engagement
for the Department;
(6) review and incorporate, as appropriate, external
stakeholder feedback into Department policy; and
(7) carry out such other responsibilities as the
Secretary determines appropriate.
(d) Deputy Under Secretary.--
(1) In general.--The Secretary may--
(A) establish within the Office of Strategy,
Policy, and Plans a position of Deputy Under
Secretary to support the Under Secretary for
Strategy, Policy, and Plans in carrying out the
Under Secretary's responsibilities; and
(B) appoint a career employee to such
position.
(2) Limitation on establishment of deputy under
secretary positions.--A Deputy Under Secretary position
(or any substantially similar position) within the
Office of Strategy, Policy, and Plans may not be
established except for the position provided for by
paragraph (1), unless the Secretary receives prior
authorization from Congress.
(3) Definitions.--For purposes of paragraph (1)--
(A) the term ``career employee'' means any
employee (as such term is defined in section
2105 of title 5, United States Code), but does
not include a political appointee; and
(B) the term ``political appointee'' means
any employee who occupies a position which has
been excepted from the competitive service by
reason of its confidential, policy-determining,
policy-making, or policy-advocating character.
(e) Coordination by Department Components.--To ensure
consistency with the policy priorities of the Department, the
head of each component of the Department shall coordinate with
the Office of Strategy, Policy, and Plans in establishing or
modifying policies or strategic planning guidance with respect
to each such component.
(f) Homeland Security Statistics and Joint Analysis.--
(1) Homeland security statistics.--The Under
Secretary for Strategy, Policy, and Plans shall--
(A) establish standards of reliability and
validity for statistical data collected and
analyzed by the Department;
(B) be provided by the heads of all
components of the Department with statistical
data maintained by the Department regarding the
operations of the Department;
(C) conduct or oversee analysis and
reporting of such data by the Department as
required by law or as directed by the
Secretary; and
(D) ensure the accuracy of metrics and
statistical data provided to Congress.
(2) Transfer of responsibilities.--There shall be
transferred to the Under Secretary for Strategy,
Policy, and Plans the maintenance of all immigration
statistical information of U.S. Customs and Border
Protection, U.S. Immigration and Customs Enforcement,
and United States Citizenship and Immigration Services,
which shall include information and statistics of the
type contained in the publication entitled ``Yearbook
of Immigration Statistics'' prepared by the Office of
Immigration Statistics, including region-by-region
statistics on the aggregate number of applications and
petitions filed by an alien (or filed on behalf of an
alien) and denied, and the reasons for such denials,
disaggregated by category of denial and application or
petition type.
(g) Assistant Secretary for Trade and Economic Security.--
(1) In general.--There is within the Office of
Strategy, Policy, and Plans an Assistant Secretary for
Trade and Economic Security.
(2) 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.
(3) Additional responsibilities.--In addition to the
duties specified in paragraph (2), the Assistant
Secretary for Trade and Economic Security shall--
(A) oversee--
(i) the activities and enhancements
of requirements for supply chain
mapping not otherwise assigned by law
or by the Secretary to another officer;
and
(ii) assessments and reports to
Congress related to critical economic
security domains;
(B) 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);
(C) coordinate with stakeholders in other
Federal departments and agencies and non-
governmental entities with trade and economic
security interests, authorities, and
responsibilities; and
(D) perform such additional duties as the
Secretary or the Under Secretary of Strategy,
Policy, and Plans may prescribe.
(4) Definitions.--In this subsection:
(A) 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.
(B) Economic security.--The term ``economic
security'' has the meaning given such term in
section 890B.
[(g)] (h) Limitation.--Nothing in this section overrides or
otherwise affects the requirements specified in section 888.
* * * * * * *
TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL;
UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS
* * * * * * *
Subtitle H--Miscellaneous Provisions
* * * * * * *
SEC. 890B. DHS TRADE AND ECONOMIC SECURITY COUNCIL.
(a) Establishment.--There is established in the Department
the DHS Trade and Economic Security Council (referred to in
this section as the ``Council'').
(b) Duties of the Council.--The Council shall provide to the
Secretary advice and recommendations on matters of trade and
economic security, including--
(1) identifying concentrated risks for trade and
economic security;
(2) setting priorities for securing the Nation's
trade and economic security;
(3) coordinating Department-wide activity on trade
and economic security matters;
(4) 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;
(5) proposing statutory and regulatory changes
impacting trade and economic security; and
(6) any other matters the Secretary considers
appropriate.
(c) Membership.--
(1) In general.--The Council shall be composed of
the following members:
(A) The Assistant Secretary for Trade and
Economic Security of the Office of Strategy,
Policy, and Plans of the Department.
(B) An officer or an employee, selected by
the Secretary, from each of the following
components and offices of the Department:
(i) The Cybersecurity and
Infrastructure Security Agency.
(ii) The Federal Emergency
Management Agency.
(iii) The Office of Intelligence and
Analysis.
(iv) The Science and Technology
Directorate.
(v) United States Citizenship and
Immigration Services.
(vi) The Coast Guard.
(vii) U.S. Customs and Border
Protection.
(viii) U.S. Immigration and Customs
Enforcement.
(ix) The Transportation Security
Administration.
(2) 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.
(d) Meetings.--The Council shall meet not less frequently
than quarterly, as well as--
(1) at the call of the Chair; or
(2) at the direction of the Secretary.
(e) 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.
(f) 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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