Domains Critical to Homeland Security Act

Domains Critical to Homeland Security Act

This bill authorizes the Department of Homeland Security (DHS) to conduct research and development to identify U.S. critical domains for economic and homeland security and evaluate the extent to which disruption, corruption, exploitation, or dysfunction of any such domain poses a substantial threat to homeland security. The bill defines United States critical domains for economic security as the critical infrastructure and other associated industries, technologies, and intellectual property, or any combination thereof, that are essential to U.S. economic security.

DHS may conduct additional research into high-risk critical domains under specified circumstances.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2525 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 2525

  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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 28, 2021

Mr. Portman (for himself and Mr. Peters) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
  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.

    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 
        paragraphs (1) and (2)(B), the Secretary shall consult with 
        appropriate Federal agencies, including the Bureau of Industry 
        and Security at the Department of Commerce, State agencies, and 
        private sector stakeholders.
            ``(4) Publication.--Beginning 1 year after the date of the 
        enactment of this section, the Secretary shall publish a report 
        containing information relating to the research under 
        paragraphs (1) and (2)(B), 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 subsection (a)(4), 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) 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.
            ``(2) 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.
    ``(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 (Public Law 107-296; 116 Stat. 2135) 
is amended by inserting after the item relating to section 890A the 
following new item:

``Sec. 890B. Homeland security critical domain research and 
                            development.''.
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