[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.
____________________