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DOMAINS CRITICAL TO HOMELAND SECURITY ACT
Ms. CLARKE of New York. Madam Speaker, I move to suspend the rules and pass the bill (H.R. 3264) 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.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 3264
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 ``Domains Critical to Homeland Security Act''.
SEC. 2. CRITICAL DOMAIN RESEARCH AND DEVELOPMENT.
(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. HOMELAND SECURITY CRITICAL DOMAIN RESEARCH AND
DEVELOPMENT.
``(a) In General.--
``(1) Research and development.--The Secretary is authorized to conduct research and development to--
``(A) identify United States critical domains for economic security and homeland security; and
``(B) evaluate the extent to which disruption, corruption, exploitation, or dysfunction of any of such domain poses a substantial threat to homeland security.
``(2) Requirements.--
``(A) Risk analysis of critical domains.--The research under paragraph (1) shall include a risk analysis of each identified United States critical domain for economic security to determine the degree to which there exists a present or future threat to homeland security in the event of disruption, corruption, exploitation, or dysfunction to such domain. Such research shall consider, to the extent possible, the following:
``(i) The vulnerability and resilience of relevant supply chains.
``(ii) Foreign production, processing, and manufacturing methods.
``(iii) Influence of malign economic actors.
``(iv) Asset ownership.
``(v) Relationships within the supply chains of such domains.
``(vi) The degree to which the conditions referred to in clauses (i) through (v) would place such a domain at risk of disruption, corruption, exploitation, or dysfunction.
``(B) Additional research into high-risk critical domains.--Based on the identification and risk analysis of United States critical domains for economic security pursuant to paragraph (1) and subparagraph (A) of this paragraph, respectively, the Secretary may conduct additional research into those critical domains, or specific elements thereof, with respect to which there exists the highest degree of a present or future threat to homeland security in the event of disruption, corruption, exploitation, or dysfunction to such a domain. For each such high-risk domain, or element thereof, such research shall--
``(i) describe the underlying infrastructure and processes;
``(ii) analyze present and projected performance of industries that comprise or support such domain;
``(iii) examine the extent to which the supply chain of a product or service necessary to such domain is concentrated, either through a small number of sources, or if multiple sources are concentrated in one geographic area;
``(iv) examine the extent to which the demand for supplies of goods and services of such industries can be fulfilled by present and projected performance of other industries, identify strategies, plans, and potential barriers to expand the supplier industrial base, and identify the barriers to the participation of such other industries;
``(v) consider each such domain's performance capacities in stable economic environments, adversarial supply conditions, and under crisis economic constraints;
``(vi) identify and define needs and requirements to establish supply resiliency within each such domain; and
``(vii) consider the effects of sector consolidation, including foreign consolidation, either through mergers or acquisitions, or due to recent geographic realignment, on such industries' performances.
``(3) Consultation.--In conducting the research under paragraph (1) and subparagraph
(B) of paragraph (2), the Secretary may consult with appropriate Federal agencies, State agencies, and private sector stakeholders.
``(4) Publication.--Beginning one year after the date of the enactment of this section, the Secretary shall publish a report containing information relating to the research under paragraph (1) and subparagraph (B) of paragraph (2), including findings, evidence, analysis, and recommendations. Such report shall be updated annually through 2026.
``(b) Submission to Congress.--Not later than 90 days after the publication of each report required under paragraph (4) of subsection (a), the Secretary shall transmit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate each such report, together with a description of actions the Secretary, in consultation with appropriate Federal agencies, will undertake or has undertaken in response to each such report.
``(c) Definitions.--In this section:
``(1) United states critical domains for economic security.--The term `United States critical domains for economic security' means the critical infrastructure and other associated industries, technologies, and intellectual property, or any combination thereof, that are essential to the economic security of the United States.
``(2) 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 to protect core national values.
``(d) Authorization of Appropriations.--There is authorized to be appropriated $1,000,000 for each of fiscal years 2022 through 2026 to carry out this section.''.
(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. Homeland security critical domain research and development.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from New York (Ms. Clarke) and the gentleman from New York (Mr. Katko) each will control 20 minutes.
The Chair recognizes the gentlewoman from New York.
{time} 1345
General Leave
Ms. CLARKE of New York. Madam Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and include extraneous material on this measure.
The SPEAKER pro tempore. Is there objection to the request of the gentlewoman from New York?
There was no objection.
Ms. CLARKE of New York. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise today to support H.R. 3264, the Domains Critical to Homeland Security Act. America's economy depends on diverse and resilient supply chains that ensure an uninterrupted flow of goods and services to the Nation.
Disruptions, whether caused by natural disasters or manmade events, can reduce the availability and integrity of critical supplies. This has significant Homeland Security implications.
For example, the COVID-19 pandemic revealed vulnerabilities in the Nation's medical supply chains, which caused persistent shortages for personal protective equipment and testing supplies; most of which is manufactured overseas. And the recent ransomware attack on Colonial Pipeline showed how a brief shutdown of a major gas pipeline can drive up prices and lead to gas shortages.
H.R. 3264 would authorize DHS to conduct research and development into supply chain risks for critical domains of the U.S. economy. The research would include a risk analysis for each critical domain to identify weaknesses that pose a substantial homeland security threat.
The bill would also require DHS to report on the results of its research annually through fiscal year 2026. This report will allow the public and private sectors to take meaningful action to mitigate risk and to ensure the long-term economic security of the United States.
Madam Speaker, I urge my colleagues to support this legislation, and I reserve the balance of my time.
Mr. KATKO. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I thank my colleague from New York for her words in support of H.R. 3264, a bill I introduced called the Domains Critical to Homeland Security Act. We are now a year and a half into the COVID pandemic and, as a country, have yet to make substantial progress in making our supply chains more secure and resilient.
America's economic and homeland security depends on the flow of goods, services, information, and technology across our physical and virtual borders. And as we all know, COVID-19 exposed many risks and flaws to our critical supply chains; flaws that we now must address.
Over the past year and a half, we painfully discovered that China was a world leader in the production of personal protective equipment. And despite being the epicenter of the pandemic, China was in a privileged position, blocking the rest of the world's access to PPE at a time of maximum need.
China selfishly was able to plan ahead with its asymmetrical knowledge of what would be needed, choosing to put the U.S. and the rest of the world at risk. It has become clear that the United States is overly reliant on many important goods from China, such as semiconductors, rare earth minerals used in electronics, and active ingredients in pharmaceuticals, all of which could put Americans' security and resilience at risk. It has become clear that many future supply chain vulnerabilities are likely unknown to us, even now.
With COVID, we learned these lessons the hard way. Now is the time to act by proactively identifying these risks. We can't allow ourselves to be behind the curve in the next national or global disaster. We need to take action and get ahead of the curve and do our best to serve our country. That means we need to stop talking about it and finally put pen to paper.
To do this--to keep our supply chain secure--and to prevent similar disruptions from crippling our economy and jeopardizing our resiliency posture, Homeland Security needs to identify and analyze weak links in the U.S. global supply chains and work to prioritize where efforts need to be focused to strengthen those most critical to our homeland.
My bill requires Homeland Security to do just that; to look at critical supply chains, identify weaknesses, and prioritize vulnerabilities in a way that allows for meaningful action in years ahead to address them. This is really just commonsense legislation. It is about being prepared.
Requiring Homeland Security to report on these vulnerabilities to our economic security annually to Congress and the public will allow for the first time a unifying document that accounts for the security implications of current and future economic decisions, and enable a prioritized policy response to spur action.
It is crucial that Homeland Security lean into its unique position as the only executive department that deals with both the national security and economic prosperity of the Nation, and lead the United States Government as a preeminent economic security agency in the decades to come.
This is a natural maturation of Homeland Security's unique vantage point sitting on top of 16 critical infrastructure sectors where it stitches together a holistic national risk picture.
We can no longer take for granted the resiliency of our economy. We need to work to ensure that all modes of travel are safe, to facilitate trade through our ports of entry, and to keep our networks free from cyberattacks.
Madam Speaker, I thank my friend, Chairman Thompson, for being an original cosponsor, as well as all my committee colleagues for unanimously supporting this bipartisan legislation in committee. Economic security is homeland security, and I urge my colleagues to support this bill.
Madam Speaker, I reserve the balance of my time.
Ms. CLARKE of New York. Madam Speaker, I have no more speakers, and I reserve the balance of my time.
Mr. KATKO. Madam Speaker, I have no further speakers. I urge Members to support this bill, and I yield back the balance of my time.
Ms. CLARKE of New York. Madam Speaker, I yield myself the balance of my time.
Madam Speaker, I urge passage of H.R. 3264 to improve America's economic and homeland security, and I thank the gentleman from New York for his forward-leaning legislation in introducing this bill.
Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the gentlewoman from New York (Ms. Clarke) that the House suspend the rules and pass the bill, H.R. 3264.
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. BISHOP of North Carolina. Madam 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.
____________________
SOURCE: Congressional Record Vol. 167, No. 127
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