II Calendar No. 560 117th CONGRESS 2d Session S. 4243 [Report No. 117–208] 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 November 17, 2022 Reported by Mr. Peters , with an amendment Strike out all after the enacting clause and insert the part printed in italic 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.

1. Short title This Act may be cited as the DHS Trade and Economic Security Council Act of 2022 . 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. 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). .

1. Short title This Act may be cited as the DHS Trade and Economic Security Council Act of 2022 . 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 means the Department of Homeland Security. (3) Economic security The term economic security has the meaning given that term in section 890B(c)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 474(c)(2) ). (4) Secretary The term Secretary means the Secretary 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 section, the Secretary shall establish a standing council of component heads or their designees within the Department, which shall be known as the DHS Trade and Economic Security Council . (c) Duties of the Council Pursuant to the scope of the mission of the Department 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 continuity of the economy plan of the President under section 9603 of the William M. (Mac) Thornberry National Defense Authorization Act of Fiscal Year 2021 ( 6 U.S.C. 322 ); (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 Under Secretary for Strategy, Policy, and Plans 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 180 days 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. 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: (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 At the direction of the Under Secretary for Strategy, Policy, and Plans, 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, at the direction of the Under Secretary for Strategy, Policy, and Plans, may— (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 representative of the Under Secretary for Strategy, Policy, and Plans for the purposes of representing the Department on— (i) the Committee on Foreign Investment in the United States; and (ii) 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 nongovernmental 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). . 4. Rule of construction Nothing in this Act or the amendments made by this Act shall be construed to affect or diminish the authority otherwise granted to any other officer of the Department of Homeland Security.

November 17, 2022 Reported with an amendment