[Congressional Record Volume 168, Number 60 (Tuesday, April 5, 2022)]
[House]
[Pages H4168-H4170]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          DHS TRADE AND ECONOMIC SECURITY COUNCIL ACT OF 2021

  Mr. PAYNE. Mr. Speaker, I move to suspend the rules and pass 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, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 4476

       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 ``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

[[Page H4169]]

       ``(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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Jersey (Mr. Payne) and the gentleman from Texas (Mr. Pfluger) each will 
control 20 minutes.
  The Chair recognizes the gentleman from New Jersey.


                             General Leave

  Mr. PAYNE. Mr. Speaker, I ask unanimous consent that all Members have 
5 legislative days to revise and extend their remarks and include any 
extraneous materials on this measure.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  There was no objection.
  Mr. PAYNE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, today I rise to urge my colleagues to support H.R. 4476, 
the DHS Trade and Economic Security Council Act of 2021.
  One of the Department of Homeland Security's core missions is to 
preserve and uphold the Nation's prosperity and economic security. 
However, in 2020, DHS completed an economic security assessment that 
found that COVID-19 ``laid bare some growing gaps in the U.S. economy, 
particularly around manufacturing and supply chains for tangible 
goods.''
  To ensure the U.S. has a secure, resilient, and prosperous economy, 
the assessment concluded supply chain gaps that could be exploited by 
adversaries should be mitigated.
  H.R. 4476 seeks to help minimize such vulnerabilities and enhance 
economic security efforts at DHS by codifying two existing entities 
within the Department: one, the DHS Trade and Economic Security Council 
and, two, the position of Assistant Secretary for Trade and Economic 
Security.
  H.R. 4476 specifies that the mission of the council, composed of 
members across the Department, is to assist the DHS Secretary with 
identifying risks to trade and economic security, setting priorities 
for the Nation's trade and economic security, and proposing changes to 
enhance economic security.
  Additionally, H.R. 4476 outlines what the Assistant Secretary for 
Trade and Economic Security's responsibilities would be to perform, 
including supply chain activities and enhancements.
  H.R. 4476 will help enhance the reliability of our domestic supply of 
essential goods to secure our economy.
  Mr. Speaker, I urge my colleagues to support this legislation, and I 
reserve the balance of my time.
                                         House of Representatives,


                             Committee on Energy and Commerce,

                                 Washington, DC, January 27, 2022.
     Hon. Bennie G. Thompson,
     Chairman, Committee on Homeland Security,
     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.
                                  ____

                                   Committee on Homeland Security,


                                     House of Representatives,

                                 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, Committee on Homeland Security.

  Mr. PFLUGER. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in strong support of H.R. 4476, the DHS 
Trade and Economic Security Council Act.
  The past few years have been incredibly difficult for Americans 
across the country, with the COVID-19 pandemic, the supply chain 
crisis, and record inflation, among many others. These challenges have 
shown all of us the importance of our economic security and the impact 
that our economy can have on both our homeland and/or national 
security, and that of our partners and allies.
  Our reliance on foreign products and manufacturing, from personal 
protective equipment like masks and gloves to key technology components 
like computer chips, have had drastic impacts on this country over the 
past few years.
  While there is ongoing work within the Federal Government with regard 
to trade, supply chain, and economic security, it is clear that we 
still must do more.
  The Department of Homeland Security has a unique position within our 
government to safeguard the homeland and the American people. This is 
no longer only limited to overt acts of terrorism as we have talked 
about today, but the security and stability of our economy is critical 
to our national security. H.R. 4476 addresses this by codifying the DHS 
Trade and Economic Security Council as well as the DHS Assistant 
Secretary of Trade and Economic Security. This will ensure better 
preparedness of U.S. supply chains in the face of future pandemics, 
disasters, and emergencies.
  I commend my friend from Michigan for his leadership on this issue, 
and I encourage DHS to lean into its unique role to strengthen our 
economic security.
  Mr. Speaker, I also urge my colleagues to support H.R. 4476, and I 
reserve the balance of my time.

                              {time}  1315

  Mr. PAYNE. Mr. Speaker, I reserve the balance of my time.
  Mr. PFLUGER. Mr. Speaker, I yield 5 minutes to the gentleman from 
Michigan (Mr. Meijer), the leader of this bill.
  Mr. MEIJER. Mr. Speaker, I rise today in strong support of H.R. 4476, 
the DHS Trade and Economic Security Council Act.
  The importance of our Nation's economic security cannot be 
overstated. For our country, economic security means peace and 
stability. It means the ability to be entrepreneurs and to freely 
produce and consume goods and services. For each of us as individuals, 
it means a secure livelihood, safe communities for our children to grow 
up in, and opportunities to build new institutions and contribute to 
society.
  The level of economic security that we enjoy depends largely on the 
flow of goods, services, and information across our borders.
  Over the past few years, we have seen this flow interrupted 
significantly. Our supply chains were challenged and, at times, 
overwhelmed. Unfortunately, these challenges are likely to continue and 
increase because of the dependencies we have built on hostile nations, 
including our overwhelming trade with China.
  Vladimir Putin's unprovoked invasion of Ukraine is just another 
reminder of the global dependency on

[[Page H4170]]

Russian energy production and the devastating national security 
consequences of being economically dependent on our adversaries.
  The threats to our economic security are numerous and growing and 
cannot be overstated. The peace and prosperity of our country is at 
risk.
  We saw the first inklings of this threat at the start of the COVID-19 
pandemic when the U.S. could not find enough personal protective 
equipment for its hospitals and medical providers, and China threatened 
our security by imposing export restrictions on masks and ventilator 
components, preventing U.S. companies from getting the deliveries they 
needed from their own subsidiaries.
  This was just the tip of the iceberg. We know that China is working 
hard to expand its global economic reach in a variety of ways.
  A report by the DHS Homeland Security Advisory Council correctly 
stated that: ``DHS has no choice but to play a larger role in economic 
security issues. It is charged with preparing for all manner of crises 
. . . from major hurricanes to terrorist attacks.''
  The report also highlighted the threat that China poses, and it 
stated that these new, long-term threats are economic, and the new 
weapons are trade deals, technological innovation, and critical supply 
chain dependencies.
  The U.S.-China strategic competition is increasingly driven by who 
controls these underlying systems and the rules by which we advance our 
economic interests. We cannot allow ourselves to be behind the curve in 
the next national or global disaster. We need to get ahead of it.
  To that end, the report made two recommendations on how the 
Department can combat China's influence while also contributing to our 
economic security.
  First, the report concluded that to keep the civilian side of our 
economy functioning in a time of crisis, Congress should 
institutionalize a politically appointed official to conduct day-to-day 
policy coordination and who resides within the Office of Strategy, 
Policy, and Plans. This bill codifies such an assistant secretary 
position in that office.
  Second, the report recommended that DHS institutionalize a council 
that would identify concentrated economic risks, set priorities, and 
coordinate enterprise-wide action on economic security matters. This 
bill follows that recommendation by establishing the DHS Trade and 
Economic Security Council while also defining its roles and 
responsibilities.
  Codifying these important facets of the Department is a critical step 
to ensuring our economic security. The work that this council and the 
assistant secretary will do is critically important to the Nation's 
response and resilience to the next unforeseen global crisis.
  It is crucial that DHS lean into its unique position as the only 
executive agency that deals with both the national security and 
economic prosperity of the Nation and lead the United States Government 
as the preeminent economic security agency in the decades to come.
  I am proud to have led this important and timely effort. I thank my 
friend and colleague, Ranking Member Katko, for being an original 
cosponsor, and I also thank Representatives Luria, Delgado, and 
Slotkin, in particular, for reaching across the aisle.
  Economic security is truly homeland security. I urge my colleagues to 
support this important bill.
  Mr. PAYNE. Mr. Speaker, I reserve the balance of my time.
  Mr. PFLUGER. Mr. Speaker, I urge Members to vote for this bill, and I 
yield back the balance of my time.
  Mr. PAYNE. Mr. Speaker, I yield myself the balance of my time.
  Mr. Speaker, the COVID-19 pandemic disrupted America's economic 
security and exposed supply chain vulnerabilities.
  As a proud New Jerseyan, I would like to acknowledge the yeoman's 
work the Port of New York and New Jersey, the largest container port on 
the East Coast, has done during the pandemic to meet the demands of the 
growth in e-commerce and move cargo into our communities in a timely 
way.
  As our economy continues to recover, H.R. 4476 will help ensure that 
DHS is well-positioned to proactively address potential threats and 
vulnerabilities that could be exploited by adversaries or exacerbated.
  I thank my colleagues on the Homeland Security Committee for 
unanimously supporting H.R. 4476, and I urge all of my colleagues to do 
the same.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New Jersey (Mr. Payne) that the House suspend the rules 
and pass the bill, H.R. 4476, as amended.
  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. GOHMERT. Mr. 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.

                          ____________________