[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