S.Amdt. 4372Senate117th Congress (2021-2023)2nd degree

S.Amdt. 4372

Submitted November 4, 2021

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Senate amendment submitted

November 4, 2021

Text

Submitted

SA 4372. Mr. PORTMAN submitted an amendment intended to be proposed
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. 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

[[Page S7895]]

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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