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Senate Bill 4243
117th Congress(2021-2022)
DHS Trade and Economic Security Council Act of 2022
Introduced
Introduced
Introduced in Senate on May 18, 2022
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S. 4243 (Introduced-in-Senate)


117th CONGRESS
2d Session
S. 4243


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

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,

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” refers to the Department of Homeland Security.

(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.

(4) SECRETARY.—The term “Secretary” means the Secretary of the Department 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 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”.

(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—

(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 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);

(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 Assistant Secretary for Trade and Economic Security 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 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.

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 established 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) coordination of supply chain policy; and

“(ii) assessments and reports to Congress related to critical economic security domains;

“(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;

“(C) coordinate with stakeholders in other Federal departments and agencies and non-governmental 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).”.