6 U.S.C. § 474 — Homeland security critical domain research and development
submitted 5 years ago by Pub. L. 107-296 to r/title-6-DOMESTIC-SECURITY · 702 words · no verdicts yet
The Secretary can research and study U.S. industries called critical domains, which matter to the economy and homeland security. This research checks for risks like weak supply chains or foreign control. For the riskiest domains, the Secretary can dig deeper and study them in more detail. The Secretary must publish yearly reports on these findings for Congress, through 2026.
(a) In general. (1) The Secretary* may research and develop ways to identify "United States critical domains" for economic security and homeland* security, and to judge how much a threat to homeland security would result if one of them were disrupted, corrupted, exploited, or broken down.
(2) Requirements. (A) The research must include a risk analysis of each critical domain. It should look, where possible, at: the strength of relevant supply chains; how goods are made and processed abroad; the influence of harmful economic actors; who owns key assets*; the relationships within these supply chains; and how much all of this puts the domain at risk.
(B) Based on that risk analysis, the Secretary may study the highest-risk domains further. For each one, this deeper research must: describe its infrastructure and processes; look at how supporting industries are performing now and in the future; check whether the supply chain relies on very few sources or is concentrated in one place; check whether other industries could meet the demand if needed, and identify barriers to expanding suppliers; consider how the domain performs in normal times, under supply problems, and during a crisis; identify what is needed to make the supply more resilient; and consider the effect of mergers, acquisitions, or geographic shifts on these industries.
(3) The Secretary may consult with federal agencies, state* agencies, and private companies while doing this research.
(4) Starting one year after December 27, 2021, the Secretary must publish a report with the findings, evidence, analysis, and recommendations from this research. The report must be updated every year through 2026.
(b) Within 90 days after each report is published, the Secretary must send it to the House and Senate Homeland Security Committees, along with a description of what the Secretary is doing or plans to do in response.
(c) Definitions. "United States critical domains for economic security" means the critical infrastructure* and related industries, technologies, and intellectual property that are essential to the country's economic security. "Economic security" means having secure, resilient production at home plus reliable access to the global resources needed for an acceptable standard of living and to protect core national values.
(d) Congress may spend $1,000,000 each year, from fiscal year 2022 through fiscal year 2026, to carry out this section.
The Secretary* is authorized to conduct research and development to—
identify United States critical domains for economic security and homeland* security; and
evaluate the extent to which disruption, corruption, exploitation, or dysfunction of any of such domain poses a substantial threat to homeland security.
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:
The vulnerability and resilience of relevant supply chains.
Foreign production, processing, and manufacturing methods.
Influence of malign economic actors.
Asset ownership.
Relationships within the supply chains of such domains.
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.
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—
describe the underlying infrastructure and processes;
analyze present and projected performance of industries that comprise or support such domain;
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;
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;
consider each such domain’s performance capacities in stable economic environments, adversarial supply conditions, and under crisis economic constraints;
identify and define needs and requirements to establish supply resiliency within each such domain; and
consider the effects of sector consolidation, including foreign consolidation, either through mergers or acquisitions, or due to recent geographic realignment, on such industries’ performances.
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.
Beginning one year after December 27, 2021, 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.
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.
In this section:
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.
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.
There is authorized to be appropriated $1,000,000 for each of fiscal years 2022 through 2026 to carry out this section.
Source credit: (Pub. L. 107–296, title VIII, § 890B, as added Pub. L. 117–81, div. F, title LXIV, § 6409(a), Dec. 27, 2021, 135 Stat. 2406.)
- 2021Enacted · Pub. L. 107-296 · 135 Stat. 2406
A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-296 on 2021-12-27.
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