[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4243 Reported in Senate (RS)]
<DOC>
Calendar No. 560
117th CONGRESS
2d Session
S. 4243
[Report No. 117-208]
To establish the Department of Homeland Security 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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 18 (legislative day, May 17), 2022
Mr. Portman (for himself, Mr. Peters, and Ms. Stabenow) introduced the
following bill; which was read twice and referred to the Committee on
Homeland Security and Governmental Affairs
November 17, 2022
Reported by Mr. Peters, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To establish the Department of Homeland Security 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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``DHS Trade and Economic
Security Council Act of 2022''.</DELETED>
<DELETED>SEC. 2. DHS TRADE AND ECONOMIC SECURITY COUNCIL.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (1) Council.--The term ``Council'' means the DHS
Trade and Economic Security Council established under
subsection (b).</DELETED>
<DELETED> (2) Department.--The term ``Department'' refers to
the Department of Homeland Security.</DELETED>
<DELETED> (3) Economic security.--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.</DELETED>
<DELETED> (4) Secretary.--The term ``Secretary'' means the
Secretary of the Department of Homeland Security.</DELETED>
<DELETED> (b) DHS Trade and Economic Security Council.--In
accordance with the mission of the Department under section 101(b) of
the Homeland Security Act of 2002 (6 U.S.C. 111(b)), and in particular
paragraph (1)(F) of that subsection, the Secretary shall establish a
standing council of component heads or their designees within the
Department known as the ``DHS Trade and Economic Security
Council''.</DELETED>
<DELETED> (c) Duties of the Council.--Pursuant to the scope of the
Department's mission as described in subsection (b), the Council shall
provide to the Secretary advice and recommendations on matters of trade
and economic security, including--</DELETED>
<DELETED> (1) identifying concentrated risks for trade and
economic security;</DELETED>
<DELETED> (2) setting priorities for securing the trade and
economic security of the United States;</DELETED>
<DELETED> (3) coordinating Department-wide activity on trade
and economic security matters;</DELETED>
<DELETED> (4) with respect to the development of 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 (Public Law 116-
283);</DELETED>
<DELETED> (5) proposing statutory and regulatory changes
impacting trade and economic security; and</DELETED>
<DELETED> (6) any other matters the Secretary considers
appropriate.</DELETED>
<DELETED> (d) Chair and Vice Chair.--The Assistant Secretary for
Trade and Economic Security of the Department--</DELETED>
<DELETED> (1) shall serve as Chair of the Council;
and</DELETED>
<DELETED> (2) may designate a Council member as a Vice
Chair.</DELETED>
<DELETED> (e) Meetings.--The Council shall meet not less frequently
than quarterly, as well as--</DELETED>
<DELETED> (1) at the call of the Chair; or</DELETED>
<DELETED> (2) at the direction of the Secretary.</DELETED>
<DELETED> (f) Briefings.--Not later than 180 days after the date of
enactment of this Act and every 6 months thereafter for 4 years, the
Council shall brief the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Homeland Security of the
House of Representatives on the actions and activities of the
Council.</DELETED>
<DELETED>SEC. 3. ASSISTANT SECRETARY FOR TRADE AND ECONOMIC
SECURITY.</DELETED>
<DELETED> Section 709 of the Homeland Security Act of 2002 (6 U.S.C.
349) is amended--</DELETED>
<DELETED> (1) by redesignating subsection (g) as subsection
(h); and</DELETED>
<DELETED> (2) by inserting after subsection (f) the
following new subsection:</DELETED>
<DELETED> ``(g) Assistant Secretary for Trade and Economic
Security.--</DELETED>
<DELETED> ``(1) In general.--There is established within the
Office of Strategy, Policy, and Plans an Assistant Secretary
for Trade and Economic Security.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(3) Additional responsibilities.--In addition to
the duties specified in paragraph (2), the Assistant Secretary
for Trade and Economic Security shall--</DELETED>
<DELETED> ``(A) oversee--</DELETED>
<DELETED> ``(i) coordination of supply chain
policy; and</DELETED>
<DELETED> ``(ii) assessments and reports to
Congress related to critical economic security
domains;</DELETED>
<DELETED> ``(B) serve as the designee of the
Secretary for the purposes of representing the
Department on the Committee on Foreign Investment in
the United States, and the Committee for the Assessment
of Foreign Participation in the United States
Telecommunications Services Sector;</DELETED>
<DELETED> ``(C) coordinate with stakeholders in
other Federal departments and agencies and non-
governmental entities with trade and economic security
interests, authorities, and responsibilities;
and</DELETED>
<DELETED> ``(D) perform such additional duties as
the Secretary or the Under Secretary of Strategy,
Policy, and Plans may prescribe.</DELETED>
<DELETED> ``(4) Definitions.--In this subsection:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B) Economic security.--The term
`economic security' has the meaning given that term in
section 890B(c)(2).''.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``DHS Trade and Economic Security
Council Act of 2022''.
SEC. 2. DHS TRADE AND ECONOMIC SECURITY COUNCIL.
(a) Definitions.--In this section:
(1) Council.--The term ``Council'' means the DHS Trade and
Economic Security Council established under subsection (b).
(2) Department.--The term ``Department'' means the
Department of Homeland Security.
(3) Economic security.--The term ``economic security'' has
the meaning given that term in section 890B(c)(2) of the
Homeland Security Act of 2002 (6 U.S.C. 474(c)(2)).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(b) DHS Trade and Economic Security Council.--In accordance with
the mission of the Department under section 101(b) of the Homeland
Security Act of 2002 (6 U.S.C. 111(b)), and in particular paragraph
(1)(F) of that section, the Secretary shall establish a standing
council of component heads or their designees within the Department,
which shall be known as the ``DHS Trade and Economic Security
Council''.
(c) Duties of the Council.--Pursuant to the scope of the mission of
the Department as described in subsection (b), 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 trade and economic
security of the United States;
(3) coordinating Department-wide activity on trade and
economic security matters;
(4) with respect to the development of the continuity of
the economy plan of the President under section 9603 of the
William M. (Mac) Thornberry National Defense Authorization Act
of Fiscal Year 2021 (6 U.S.C. 322);
(5) proposing statutory and regulatory changes impacting
trade and economic security; and
(6) any other matters the Secretary considers appropriate.
(d) Chair and Vice Chair.--The Under Secretary for Strategy,
Policy, and Plans of the Department--
(1) shall serve as Chair of the Council; and
(2) may designate a Council member as a Vice Chair.
(e) 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.
(f) Briefings.--Not later than 180 days after the date of enactment
of this Act and every 180 days thereafter for 4 years, the Council
shall brief the Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Homeland Security of the House of
Representatives on the actions and activities of the 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:
``(g) Assistant Secretary for Trade and Economic Security.--
``(1) In general.--There is established within the Office
of Strategy, Policy, and Plans an Assistant Secretary for Trade
and Economic Security.
``(2) Duties.--At the direction of the Under Secretary for
Strategy, Policy, and Plans, 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, at the direction of the Under
Secretary for Strategy, Policy, and Plans, may--
``(A) oversee--
``(i) coordination of supply chain policy;
and
``(ii) assessments and reports to Congress
related to critical economic security domains;
``(B) serve as the representative of the Under
Secretary for Strategy, Policy, and Plans for the
purposes of representing the Department on--
``(i) the Committee on Foreign Investment
in the United States; and
``(ii) the Committee for the Assessment of
Foreign Participation in the United States
Telecommunications Services Sector;
``(C) coordinate with stakeholders in other Federal
departments and agencies and nongovernmental 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 that term in section
890B(c)(2).''.
SEC. 4. RULE OF CONSTRUCTION.
Nothing in this Act or the amendments made by this Act shall be
construed to affect or diminish the authority otherwise granted to any
other officer of the Department of Homeland Security.
Calendar No. 560
117th CONGRESS
2d Session
S. 4243
[Report No. 117-208]
_______________________________________________________________________
A BILL
To establish the Department of Homeland Security 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.
_______________________________________________________________________
November 17, 2022
Reported with an amendment