IIB 

117TH CONGRESS 

1ST SESSION H. R. 3264 

IN THE SENATE OF THE UNITED STATES 

JULY 21, 2021 

Received; read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

AN ACT 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Domains Critical to 

3 Homeland Security Act’’. 

4 SEC. 2. CRITICAL DOMAIN RESEARCH AND DEVELOPMENT. 

5 (a) IN GENERAL.—Subtitle H of title VIII of the 

6 Homeland Security Act of 2002 (6 U.S.C. 451 et seq.) 

7 is amended by adding at the end the following new section: 

8 ‘‘SEC. 890B. HOMELAND SECURITY CRITICAL DOMAIN RE9 SEARCH AND DEVELOPMENT. 

10 ‘‘(a) IN GENERAL.— 

11 ‘‘(1) RESEARCH AND DEVELOPMENT.—The 

12 Secretary is authorized to conduct research and de13 velopment to— 

14 ‘‘(A) identify United States critical do15 mains for economic security and homeland se16 curity; and 

17 ‘‘(B) evaluate the extent to which disrup18 tion, corruption, exploitation, or dysfunction of 

19 any of such domain poses a substantial threat 

20 to homeland security. 

21 ‘‘(2) REQUIREMENTS.— 

22 ‘‘(A) RISK ANALYSIS OF CRITICAL DO23 MAINS.—The research under paragraph (1) 

24 shall include a risk analysis of each identified 

25 United States critical domain for economic se26 curity to determine the degree to which there 


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1 exists a present or future threat to homeland 

2 security in the event of disruption, corruption, 

3 exploitation, or dysfunction to such domain. 

4 Such research shall consider, to the extent pos5 sible, the following: 

6 ‘‘(i) The vulnerability and resilience of 

7 relevant supply chains. 

8 ‘‘(ii) Foreign production, processing, 

9 and manufacturing methods. 

10 ‘‘(iii) Influence of malign economic ac11 tors. 

12 ‘‘(iv) Asset ownership. 

13 ‘‘(v) Relationships within the supply 

14 chains of such domains. 

15 ‘‘(vi) The degree to which the condi16 tions referred to in clauses (i) through (v) 

17 would place such a domain at risk of dis18 ruption, corruption, exploitation, or dys19 function. 

20 ‘‘(B) ADDITIONAL RESEARCH INTO HIGH21 RISK CRITICAL DOMAINS.—Based on the identi22 fication and risk analysis of United States crit23 ical domains for economic security pursuant to 

24 paragraph (1) and subparagraph (A) of this 

25 paragraph, respectively, the Secretary may conVerDate Sep 11 2014 02:21 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3264.RFS H3264

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1 duct additional research into those critical do2 mains, or specific elements thereof, with respect 

3 to which there exists the highest degree of a 

4 present or future threat to homeland security in 

5 the event of disruption, corruption, exploitation, 

6 or dysfunction to such a domain. For each such 

7 high-risk domain, or element thereof, such re8 search shall— 

9 ‘‘(i) describe the underlying infra10 structure and processes; 

11 ‘‘(ii) analyze present and projected 

12 performance of industries that comprise or 

13 support such domain; 

14 ‘‘(iii) examine the extent to which the 

15 supply chain of a product or service nec16 essary to such domain is concentrated, ei17 ther through a small number of sources, or 

18 if multiple sources are concentrated in one 

19 geographic area; 

20 ‘‘(iv) examine the extent to which the 

21 demand for supplies of goods and services 

22 of such industries can be fulfilled by 

23 present and projected performance of other 

24 industries, identify strategies, plans, and 

25 potential barriers to expand the supplier 


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1 industrial base, and identify the barriers to 

2 the participation of such other industries; 

3 ‘‘(v) consider each such domain’s per4 formance capacities in stable economic en5 vironments, adversarial supply conditions, 

6 and under crisis economic constraints; 

7 ‘‘(vi) identify and define needs and re8 quirements to establish supply resiliency 

9 within each such domain; and 

10 ‘‘(vii) consider the effects of sector 

11 consolidation, including foreign consolida12 tion, either through mergers or acquisi13 tions, or due to recent geographic realign14 ment, on such industries’ performances. 

15 ‘‘(3) CONSULTATION.—In conducting the re16 search under paragraph (1) and subparagraph (B) 

17 of paragraph (2), the Secretary may consult with 

18 appropriate Federal agencies, State agencies, and 

19 private sector stakeholders. 

20 ‘‘(4) PUBLICATION.—Beginning one year after 

21 the date of the enactment of this section, the Sec22 retary shall publish a report containing information 

23 relating to the research under paragraph (1) and 

24 subparagraph (B) of paragraph (2), including findVerDate Sep 11 2014 02:21 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3264.RFS H3264

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1 ings, evidence, analysis, and recommendations. Such 

2 report shall be updated annually through 2026. 

3 ‘‘(b) SUBMISSION TO CONGRESS.—Not later than 90 

4 days after the publication of each report required under 

5 paragraph (4) of subsection (a), the Secretary shall trans6 mit to the Committee on Homeland Security of the House 

7 of Representatives and the Committee on Homeland Secu8 rity and Governmental Affairs of the Senate each such re9 port, together with a description of actions the Secretary, 

10 in consultation with appropriate Federal agencies, will un11 dertake or has undertaken in response to each such report. 

12 ‘‘(c) DEFINITIONS.—In this section: 

13 ‘‘(1) UNITED STATES CRITICAL DOMAINS FOR

14 ECONOMIC SECURITY.—The term ‘United States 

15 critical domains for economic security’ means the 

16 critical infrastructure and other associated indus17 tries, technologies, and intellectual property, or any 

18 combination thereof, that are essential to the eco19 nomic security of the United States. 

20 ‘‘(2) ECONOMIC SECURITY.—The term ‘eco21 nomic security’ means the condition of having secure 

22 and resilient domestic production capacity, combined 

23 with reliable access to the global resources necessary 

24 to maintain an acceptable standard of living and to 

25 protect core national values. 


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1 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

2 is authorized to be appropriated $1,000,000 for each of 

3 fiscal years 2022 through 2026 to carry out this section.’’. 

4 (b) CLERICAL AMENDMENT.—The table of contents 

5 in section 1(b) of the Homeland Security Act of 2002 is 

6 amended by inserting after the item relating to section 

7 890A the following new item: 

‘‘Sec. 890B. Homeland security critical domain research and development.’’. 

Passed the House of Representatives July 20, 2021. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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