[Congressional Record Volume 167, Number 127 (Tuesday, July 20, 2021)]
[House]
[Pages H3703-H3705]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DOMAINS CRITICAL TO HOMELAND SECURITY ACT
Ms. CLARKE of New York. Madam Speaker, I move to suspend the rules
and pass the bill (H.R. 3264) to amend the Homeland Security Act of
2002 to require research and development to identify and evaluate the
extent to which critical domain risks within the United States supply
chain pose a substantial threat to homeland security, and for other
purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 3264
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Domains Critical to Homeland
Security Act''.
SEC. 2. CRITICAL DOMAIN RESEARCH AND DEVELOPMENT.
(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. HOMELAND SECURITY CRITICAL DOMAIN RESEARCH AND
DEVELOPMENT.
``(a) In General.--
``(1) Research and development.--The Secretary is
authorized to conduct research and development to--
``(A) identify United States critical domains for economic
security and homeland security; and
``(B) evaluate the extent to which disruption, corruption,
exploitation, or dysfunction of any of such domain poses a
substantial threat to homeland security.
``(2) Requirements.--
``(A) Risk analysis of critical domains.--The research
under paragraph (1) shall include a risk analysis of each
identified United States critical domain for economic
security to determine the degree to which there exists a
present or future threat to homeland security in the event of
disruption, corruption, exploitation, or dysfunction to such
domain. Such research shall consider, to the extent possible,
the following:
``(i) The vulnerability and resilience of relevant supply
chains.
``(ii) Foreign production, processing, and manufacturing
methods.
``(iii) Influence of malign economic actors.
``(iv) Asset ownership.
``(v) Relationships within the supply chains of such
domains.
``(vi) The degree to which the conditions referred to in
clauses (i) through (v) would place such a domain at risk of
disruption, corruption, exploitation, or dysfunction.
``(B) Additional research into high-risk critical
domains.--Based on the identification and risk analysis of
United States critical domains for economic security pursuant
to paragraph (1) and subparagraph (A) of this paragraph,
respectively, the Secretary may conduct additional research
into those critical domains, or specific elements thereof,
with respect to which there exists the highest degree of a
present or future threat to homeland security in the event of
disruption, corruption, exploitation, or dysfunction to such
a domain. For each such high-risk domain, or element thereof,
such research shall--
``(i) describe the underlying infrastructure and processes;
``(ii) analyze present and projected performance of
industries that comprise or support such domain;
``(iii) examine the extent to which the supply chain of a
product or service necessary to such domain is concentrated,
either through a small number of sources, or if multiple
sources are concentrated in one geographic area;
``(iv) examine the extent to which the demand for supplies
of goods and services of such industries can be fulfilled by
present and projected performance of other industries,
identify strategies, plans, and potential barriers to expand
the supplier industrial base, and identify the barriers to
the participation of such other industries;
``(v) consider each such domain's performance capacities in
stable economic environments, adversarial supply conditions,
and under crisis economic constraints;
``(vi) identify and define needs and requirements to
establish supply resiliency within each such domain; and
``(vii) consider the effects of sector consolidation,
including foreign consolidation, either through mergers or
acquisitions, or due to recent geographic realignment, on
such industries' performances.
``(3) Consultation.--In conducting the research under
paragraph (1) and subparagraph
[[Page H3704]]
(B) of paragraph (2), the Secretary may consult with
appropriate Federal agencies, State agencies, and private
sector stakeholders.
``(4) Publication.--Beginning one year after the date of
the enactment of this section, the Secretary shall publish a
report containing information relating to the research under
paragraph (1) and subparagraph (B) of paragraph (2),
including findings, evidence, analysis, and recommendations.
Such report shall be updated annually through 2026.
``(b) Submission to Congress.--Not later than 90 days after
the publication of each report required under paragraph (4)
of subsection (a), the Secretary shall transmit to the
Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate each such report, together
with a description of actions the Secretary, in consultation
with appropriate Federal agencies, will undertake or has
undertaken in response to each such report.
``(c) Definitions.--In this section:
``(1) United states critical domains for economic
security.--The term `United States critical domains for
economic security' means the critical infrastructure and
other associated industries, technologies, and intellectual
property, or any combination thereof, that are essential to
the economic security of the United States.
``(2) 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 to protect core national values.
``(d) Authorization of Appropriations.--There is authorized
to be appropriated $1,000,000 for each of fiscal years 2022
through 2026 to carry out this section.''.
(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. Homeland security critical domain research and
development.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
New York (Ms. Clarke) and the gentleman from New York (Mr. Katko) each
will control 20 minutes.
The Chair recognizes the gentlewoman from New York.
{time} 1345
General Leave
Ms. CLARKE of New York. Madam Speaker, I ask unanimous consent that
all Members may have 5 legislative days to revise and extend their
remarks and include extraneous material on this measure.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from New York?
There was no objection.
Ms. CLARKE of New York. Madam Speaker, I yield myself such time as I
may consume.
Madam Speaker, I rise today to support H.R. 3264, the Domains
Critical to Homeland Security Act. America's economy depends on diverse
and resilient supply chains that ensure an uninterrupted flow of goods
and services to the Nation.
Disruptions, whether caused by natural disasters or manmade events,
can reduce the availability and integrity of critical supplies. This
has significant Homeland Security implications.
For example, the COVID-19 pandemic revealed vulnerabilities in the
Nation's medical supply chains, which caused persistent shortages for
personal protective equipment and testing supplies; most of which is
manufactured overseas. And the recent ransomware attack on Colonial
Pipeline showed how a brief shutdown of a major gas pipeline can drive
up prices and lead to gas shortages.
H.R. 3264 would authorize DHS to conduct research and development
into supply chain risks for critical domains of the U.S. economy. The
research would include a risk analysis for each critical domain to
identify weaknesses that pose a substantial homeland security threat.
The bill would also require DHS to report on the results of its
research annually through fiscal year 2026. This report will allow the
public and private sectors to take meaningful action to mitigate risk
and to ensure the long-term economic security of the United States.
Madam Speaker, I urge my colleagues to support this legislation, and
I reserve the balance of my time.
Mr. KATKO. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I thank my colleague from New York for her words in
support of H.R. 3264, a bill I introduced called the Domains Critical
to Homeland Security Act. We are now a year and a half into the COVID
pandemic and, as a country, have yet to make substantial progress in
making our supply chains more secure and resilient.
America's economic and homeland security depends on the flow of
goods, services, information, and technology across our physical and
virtual borders. And as we all know, COVID-19 exposed many risks and
flaws to our critical supply chains; flaws that we now must address.
Over the past year and a half, we painfully discovered that China was
a world leader in the production of personal protective equipment. And
despite being the epicenter of the pandemic, China was in a privileged
position, blocking the rest of the world's access to PPE at a time of
maximum need.
China selfishly was able to plan ahead with its asymmetrical
knowledge of what would be needed, choosing to put the U.S. and the
rest of the world at risk. It has become clear that the United States
is overly reliant on many important goods from China, such as
semiconductors, rare earth minerals used in electronics, and active
ingredients in pharmaceuticals, all of which could put Americans'
security and resilience at risk. It has become clear that many future
supply chain vulnerabilities are likely unknown to us, even now.
With COVID, we learned these lessons the hard way. Now is the time to
act by proactively identifying these risks. We can't allow ourselves to
be behind the curve in the next national or global disaster. We need to
take action and get ahead of the curve and do our best to serve our
country. That means we need to stop talking about it and finally put
pen to paper.
To do this--to keep our supply chain secure--and to prevent similar
disruptions from crippling our economy and jeopardizing our resiliency
posture, Homeland Security needs to identify and analyze weak links in
the U.S. global supply chains and work to prioritize where efforts need
to be focused to strengthen those most critical to our homeland.
My bill requires Homeland Security to do just that; to look at
critical supply chains, identify weaknesses, and prioritize
vulnerabilities in a way that allows for meaningful action in years
ahead to address them. This is really just commonsense legislation. It
is about being prepared.
Requiring Homeland Security to report on these vulnerabilities to our
economic security annually to Congress and the public will allow for
the first time a unifying document that accounts for the security
implications of current and future economic decisions, and enable a
prioritized policy response to spur action.
It is crucial that Homeland Security lean into its unique position as
the only executive department that deals with both the national
security and economic prosperity of the Nation, and lead the United
States Government as a preeminent economic security agency in the
decades to come.
This is a natural maturation of Homeland Security's unique vantage
point sitting on top of 16 critical infrastructure sectors where it
stitches together a holistic national risk picture.
We can no longer take for granted the resiliency of our economy. We
need to work to ensure that all modes of travel are safe, to facilitate
trade through our ports of entry, and to keep our networks free from
cyberattacks.
Madam Speaker, I thank my friend, Chairman Thompson, for being an
original cosponsor, as well as all my committee colleagues for
unanimously supporting this bipartisan legislation in committee.
Economic security is homeland security, and I urge my colleagues to
support this bill.
Madam Speaker, I reserve the balance of my time.
Ms. CLARKE of New York. Madam Speaker, I have no more speakers, and I
reserve the balance of my time.
Mr. KATKO. Madam Speaker, I have no further speakers. I urge Members
to support this bill, and I yield back the balance of my time.
Ms. CLARKE of New York. Madam Speaker, I yield myself the balance of
my time.
Madam Speaker, I urge passage of H.R. 3264 to improve America's
economic and homeland security, and I thank the gentleman from New York
[[Page H3705]]
for his forward-leaning legislation in introducing this bill.
Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from New York (Ms. Clarke) that the House suspend the rules
and pass the bill, H.R. 3264.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. BISHOP of North Carolina. Madam Speaker, on that I demand the
yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this motion
are postponed.
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