H.R. 4476 — what changed
DHS Trade and Economic Security Council Act of 2021
From Introduced in House to Reported in House. 1 section amended and 2 added between Introduced in House and Reported in House.
Sec. 2 DHS Trade and Economic Security Council
“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”).
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“(b) Duties of the council—The Council—The Council shall provide advice and recommendations to the Secretary related to economic security of the homeland. Such advice and recommendations shall include—on matters of trade and economic security, including—
changed “(1) identifying concentrated risks for trade and economic security;
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“(2) setting priorities for securing the nation’s Nation’s trade and economic security;
changed “(3) coordinating Department-wide activity on trade and economic security matters;
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“(4) proposing statutory and regulatory changes impacting economic security; andwith 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;
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“(5) any other matters the Secretary considers appropriate.proposing statutory and regulatory changes impacting trade and economic security; and
added “(6) any other matters the Secretary considers appropriate.
“(c) Membership
“(1) In general—The Council shall be composed of the following members:
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“(A) The Assistant Secretary for Trade and Economic Security of the Office of Strategy, Policy, and Plans.
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“(B) Permanent members from not fewer than nine components or offices “(A) The Assistant Secretary for Trade and Economic Security of the Department specified in paragraph (2).Office of Strategy, Policy, and Plans of the Department.
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“(C) Advisory members “(B) An officer or an employee, selected by the Secretary, from other each of the following components and offices of the Department other than those specified in paragraph (2), as determined by the Assistant Secretary for Trade and Economic Security in coordination with the heads of such components and offices.Department:
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“(2) Permanent members—The components “(i) The Cybersecurity and offices of the Department specified in this paragraph are the following:Infrastructure Security Agency.
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“(A) United States Citizenship and Immigration Services.“(ii) The Federal Emergency Management Agency.
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“(B) “(iii) The Coast Guard.Office of Intelligence and Analysis.
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“(C) U.S. Customs “(iv) The Science and Border Protection.Technology Directorate.
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“(D) The Cybersecurity “(v) United States Citizenship and Infrastructure Security Agency.Immigration Services.
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“(E) “(vi) The Federal Emergency Management Agency.Coast Guard.
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“(F) “(vii) U.S. Immigration and Customs Enforcement.and Border Protection.
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“(H) The Transportation Security Administration.“(viii) U.S. Immigration and Customs Enforcement.
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“(K) “(ix) The Office of Intelligence and Analysis.Transportation Security Administration.
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“(L) The Office “(2) Chair and Vice Chair—The Assistant Secretary for Trade and Economic Security shall serve as Chair of Strategy, Policy the Council. The Assistant Secretary for Trade and Plans.Economic Security may designate a Council member as a Vice Chair.
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“(3) Terms“(d) Meetings—The Council shall meet not less frequently than quarterly, as well as—
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“(A) In general—Each member of the Council shall be appointed by the Assistant Secretary for Trade and Economic Security in coordination with “(1) at the heads of relevant components and offices. Each member shall serve a term call of two years.the Chair; or
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“(B) Vacancies—Any member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for “(2) at the remainder direction of that term. A member may serve after the expiration of that term until a successor has been appointed.Secretary.
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“(4) Chair “(e) Briefings—Not later than 180 days after the date of the enactment of this section and vice chair—The Assistant Secretary every six months thereafter for Trade four years, the Council shall brief the Committee on Homeland Security of the House of Representatives and Economic the Committee on Homeland Security shall serve as Chair and Governmental Affairs of the Council Senate on the actions and shall designate a Vice Chair activities of the Council.
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“(d) Meetings “(f) Definition—In this section, the term “economic security” means the condition of having secure and charterresilient domestic production capacity combined with reliable access to the global resources necessary to maintain an acceptable standard of living and protect core national values.”
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“(1) Meetings—The Council shall meet upon the call of the Chair, who shall call meetings not less frequently than quarterly.
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“(2) Charter—Not later than 120 days after the date of enactment of this section, the Council shall establish a charter that is agreed to by all permanent members of the Council.
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“(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.”
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“(g) Assistant Secretary for Trade and Economic Security
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“(1) In general—There is within the Office of Strategy, Policy, and Plans an Assistant Secretary for Trade and Economic Security.
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“(2) Duties—The Assistant Secretary for Trade and Economic Security shall—
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“(A) advise the Secretary regarding matters relating to United States critical economic security domains; and
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“(B) oversee activities of the Department relating thereto.
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“(3) Additional responsibilities—In addition to the duties specified in paragraph (2), the Assistant Secretary for Trade and Economic Security shall—
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“(A) oversee—
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“(i) the development of requirements for supply chain mapping; and
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“(ii) assessments and reports to Congress related to United States critical economic security domains and other economic security activities of the Department;
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“(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);
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“(C) coordinate with stakeholders in other Federal departments and agencies and non-governmental entities with economic security interests, authorities, and responsibilities; and
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“(D) perform such additional duties as the Secretary may prescribe.
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“(4) Definition—In this subsection, the term “United States critical economic security domain” means an industry, emerging technology, infrastructure, or combination thereof that is essential for the prosperity and resilience of the economy to function, or with respect to which disruption will have severe negative economic and homeland security consequence.”
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“(3) Assistant Secretary for Trade and Economic Security—At least one of the Assistant Secretaries referred to under paragraph (1)(I) shall be an Assistant Secretary for Trade and Economic Security within the Office of Strategy, Policy, and Plans.”
Sec. 3 Assistant Secretary for Trade and Economic Security
addedadded Section 709 of the Homeland Security Act of 2002 (6 U.S.C. 349) is amended—
added “(g) Assistant Secretary for Trade and Economic Security
added “(1) In general—There is within the Office of Strategy, Policy, and Plans an Assistant Secretary for Trade and Economic Security.
added “(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.
added “(3) Additional responsibilities—In addition to the duties specified in paragraph (2), the Assistant Secretary for Trade and Economic Security shall—
added “(A) oversee—
added “(i) the activities and enhancements of requirements for supply chain mapping not otherwise assigned by law or by the Secretary to another officer; and
added “(ii) assessments and reports to Congress related to critical economic security domains;
added “(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);
added “(C) coordinate with stakeholders in other Federal departments and agencies and non-governmental entities with trade and economic security interests, authorities, and responsibilities; and
added “(D) perform such additional duties as the Secretary or the Under Secretary of Strategy, Policy, and Plans may prescribe.
added “(4) Definitions—In this subsection:
added “(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.
added “(B) Economic security—The term “economic security” has the meaning given such term in section 890B.”
Sec. 4 Authorization of appropriations
addedadded 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.