To establish the Office of Critical Technologies and Security, and for other purposes.

I 116TH CONGRESS 1ST SESSION H. R. 618 To establish the Office of Critical Technologies and Security, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY 16, 2019 Mr. RUPPERSBERGER (for himself, Mr. CONAWAY, Mr. HIMES, and Mr. HURD of Texas) introduced the following bill; which was referred to the Com- mittee on Foreign Affairs, and in addition to the Committees on Armed Services, and Intelligence (Permanent Select), for a period to be subse- quently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish the Office of Critical Technologies and Security, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. FINDING; PURPOSE. 3 (a) FINDING.—Congress finds that, as of the date of 4 the enactment of this Act, the Federal Government 5 lacks— 6 (1) an office in the Executive Office of the 7 President that can coordinate security policy relating 8 VerDate Sep 11 2014 22:43 Jan 29, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H618.IH H618 kjohnson on DSK79L0C42 with BILLS 2 •HR 618 IH to critical emerging, foundational, and dual-use tech- 1 nologies between the National Security Council and 2 the National Economic Council and that can inter- 3 face with international, Federal, State, and local en- 4 tities on that policy; and 5 (2) a strategic plan— 6 (A) to stop the transfer of critical emerg- 7 ing, foundational, and dual-use technologies to 8 countries that pose a national security risk; and 9 (B) to maintain United States techno- 10 logical leadership with respect to critical emerg- 11 ing, foundational, and dual-use technologies and 12 ensure supply chain integrity and security for 13 such technologies. 14 (b) PURPOSE.—The primary purpose of this Act is 15 to establish the Office of Critical Technologies and Secu- 16 rity— 17 (1) to coordinate a whole-of-government re- 18 sponse to protect critical emerging, foundational, 19 and dual-use technologies and to effectively enlist 20 the support of Federal agencies, the private sector, 21 and other scientific and technical hubs, including 22 academia, to support and assist with such response; 23 and 24 VerDate Sep 11 2014 22:43 Jan 29, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H618.IH H618 kjohnson on DSK79L0C42 with BILLS 3 •HR 618 IH (2) to develop a long-term strategy to achieve 1 and maintain United States technological supremacy 2 with respect to critical emerging, foundational, and 3 dual-use technologies and ensure supply chain integ- 4 rity and security for such technologies. 5 SEC. 2. OFFICE OF CRITICAL TECHNOLOGIES AND SECU- 6 RITY. 7 (a) ESTABLISHMENT.—There is established in the 8 Executive Office of the President an Office of Critical 9 Technology and Security (in this section referred to as the 10 ‘‘Office’’). 11 (b) DIRECTOR.— 12 (1) IN GENERAL.—There shall be at the head 13 of the Office a Director who shall be appointed by 14 the President. 15 (2) REPORTING.—The Director of the Office 16 shall report directly to the President. 17 (3) ADDITIONAL ROLES.—In addition to serving 18 as the head of the Office, the Director of the Office 19 shall— 20 (A) be a Deputy National Security Advisor 21 for the National Security Council and serve as 22 a member of such council; 23 VerDate Sep 11 2014 22:43 Jan 29, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H618.IH H618 kjohnson on DSK79L0C42 with BILLS 4 •HR 618 IH (B) be a Deputy Director for the National 1 Economic Council and serve as a member of 2 such council; and 3 (C) serve as the chairperson of the Council 4 on Critical Technologies and Security estab- 5 lished under section 3. 6 (c) FUNCTIONS.—The functions of the Director of 7 the Office are as follows: 8 (1) COORDINATION.—To carry out coordination 9 functions as follows: 10 (A) To serve as a centralized focal point 11 within the Executive Office of the President for 12 coordinating policy and actions of the Federal 13 Government— 14 (i) to stop the transfer of critical 15 emerging, foundational, and dual-use tech- 16 nologies to countries that pose a national 17 security risk, including by leading the 18 interagency process to identify emerging 19 and foundational technologies under sec- 20 tion 1758 of the John S. McCain National 21 Defense Authorization Act for Fiscal Year 22 2019 (Public Law 115–232); and 23 (ii) to maintain United States techno- 24 logical leadership with respect to critical 25 VerDate Sep 11 2014 22:43 Jan 29, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H618.IH H618 kjohnson on DSK79L0C42 with BILLS 5 •HR 618 IH emerging, foundational, and dual-use tech- 1 nologies and ensure supply chain integrity 2 and security for such technologies. 3 (B) To coordinate whole-of-government re- 4 sponses, working in partnership with heads of 5 national security and economic agencies and 6 agencies with science and technology hubs, in- 7 cluding the heads described in section 3(c)(1). 8 (C) To facilitate coordination and consulta- 9 tion with— 10 (i) Federal and State regulators of 11 telecommunications and technology indus- 12 tries, including the Federal Communica- 13 tions Commission, the Federal Trade Com- 14 mission, and the Office of Science and 15 Technology Policy; 16 (ii) the private sector, including indus- 17 try, labor, consumer, and other groups as 18 necessary; 19 (iii) other nongovernmental scientific 20 and technical hubs and stakeholders, in- 21 cluding academic stakeholders; and 22 (iv) United States allies and other de- 23 fense partners. 24 VerDate Sep 11 2014 22:43 Jan 29, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H618.IH H618 kjohnson on DSK79L0C42 with BILLS 6 •HR 618 IH (2) MESSAGING AND OUTREACH.—To lead mes- 1 saging and outreach efforts by the Federal Govern- 2 ment on the national security threat posed by the 3 improper acquisition and transfer of critical emerg- 4 ing, foundational, and dual-use technologies that the 5 Federal Government determines necessary to pro- 6 tect, by countries of concern including— 7 (A) acting as the chief policy spokesperson 8 for the Federal Government on related critical 9 technology and security issues; 10 (B) encouraging Federal agencies to work 11 with key stakeholders as described in paragraph 12 (1), as well as States, localities, international 13 partners, and allies, to better analyze and dis- 14 seminate critical information from the intel- 15 ligence community (as defined in section 3 of 16 the National Security Act of 1947 (50 U.S.C. 17 3003)); and 18 (C) improving overall education of the 19 United States public and business leaders in 20 key sectors about the threat to United States 21 national security posed by— 22 (i) the improper acquisition and trans- 23 fer of critical emerging, foundational, and 24 VerDate Sep 11 2014 22:43 Jan 29, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H618.IH H618 kjohnson on DSK79L0C42 with BILLS 7 •HR 618 IH dual-use technologies by countries that 1 pose a national security risk; and 2 (ii) reliance on foreign products iden- 3 tified by the Federal Government that pose 4 a national security risk in private sector 5 supply chains. 6 (3) LONG-TERM STRATEGY.—To lead the devel- 7 opment of a comprehensive, long-term strategic plan 8 in coordination with United States allies and other 9 defense partners— 10 (A) to enhance the interagency process for 11 identifying emerging and foundational tech- 12 nologies carried out under section 1758 of the 13 John S. McCain National Defense Authoriza- 14 tion Act for Fiscal Year 2019 (Public Law 15 115–232) and to re-evaluate those identifica- 16 tions on an ongoing basis; 17 (B)(i) to protect and enforce intellectual 18 property rights; 19 (ii) to reduce reliance on foreign products 20 identified by the Federal Government that pose 21 a national security risk to the United States in 22 critical public sector supply chains; 23 VerDate Sep 11 2014 22:43 Jan 29, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H618.IH H618 kjohnson on DSK79L0C42 with BILLS 8 •HR 618 IH (iii) to develop a strategy to inform the 1 private sector about critical supply chain risks; 2 and 3 (iv) to address other security concerns re- 4 lated to forced or unfair technology transfer to 5 and from such countries; 6 (C) to maintain technological leadership 7 with respect to critical emerging, foundational, 8 and dual-use technologies and to increase public 9 sector funding for research and development 10 that is key to maintaining such technological 11 leadership; 12 (D) to develop specific policies and actions 13 to enforce intellectual property and cybersecuri- 14 ty standards to deter and prosecute industrial 15 espionage and other similar measures; and 16 (E) to develop specific policies— 17 (i) to improve the research and devel- 18 opment ecosystem, including academic in- 19 stitutions, nonprofit organizations, and pri- 20 vate entities; and 21 (ii) to reestablish the United States as 22 the world leader in research and develop- 23 ment; and 24 VerDate Sep 11 2014 22:43 Jan 29, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H618.IH H618 kjohnson on DSK79L0C42 with BILLS 9 •HR 618 IH (F) to develop specific measures and goals 1 that can be tracked and monitored as described 2 in paragraph (4). 3 (4) MONITORING AND TRACKING.— 4 (A) MEASURES.—In conjunction with the 5 Council of Economic Advisors, the United 6 States Trade Representative, the Office of 7 Science and Technology Policy, to use measures 8 developed under paragraph (3)(F) to monitor 9 and track— 10 (i) key trends relating to transfer of 11 critical emerging, foundational, and dual- 12 use technologies; 13 (ii) key trends relating to United 14 States Government investments in innova- 15 tion and competitiveness compared to gov- 16 ernments of other countries; 17 (iii) inappropriate influence of inter- 18 national standards setting processes by 19 foreign countries that pose a national secu- 20 rity risk; and 21 (iv) progress implementing the com- 22 prehensive, long-term strategic plan devel- 23 oped under paragraph (3). 24 VerDate Sep 11 2014 22:43 Jan 29, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H618.IH H618 kjohnson on DSK79L0C42 with BILLS 10 •HR 618 IH (B) GOALS.—To monitor and track 1 progress, using specific measures developed by 2 the Office, made towards achieving goals relat- 3 ing to protecting the security of critical emerg- 4 ing, foundational, and dual-use technologies of 5 the United States. 6 (d) STAFF.—The Director of the Office may— 7 (1) without regard to the civil service laws, em- 8 ploy, and fix the compensation of, such specialists 9 and other experts as may be necessary for the Direc- 10 tor to carry out the functions of the Director; and 11 (2) subject to the civil service laws, employ such 12 other officers and employees as may be necessary to 13 carry out the functions of the Director. 14 (e) ANNUAL REPORT.— 15 (1) IN GENERAL.—Not less frequently than 16 once each year, the Director shall submit to Con- 17 gress a report on— 18 (A) the activities of the Office; and 19 (B) matters relating to national security 20 and the protection of critical emerging, 21 foundational, dual-use technologies. 22 (2) FORM.—Each report submitted under para- 23 graph (1) shall be submitted in unclassified form, 24 but may include a classified annex. 25 VerDate Sep 11 2014 22:43 Jan 29, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H618.IH H618 kjohnson on DSK79L0C42 with BILLS 11 •HR 618 IH (f) CONFORMING AMENDMENT.—Section 101(c) of 1 the National Security Act of 1947 (50 U.S.C. 3021(c)) 2 is amended by inserting ‘‘the Director of the Office of 3 Critical Technologies and Security,’’ after ‘‘Treasury,’’. 4 SEC. 3. COUNCIL ON CRITICAL TECHNOLOGIES AND SECU- 5 RITY. 6 (a) ESTABLISHMENT.—There is a council known as 7 the Council on Critical Technologies and Security (in this 8 section referred to as the ‘‘Council’’). 9 (b) FUNCTION.—The function of the Council shall be 10 to advise the President on matters relating to challenges 11 posed by foreign powers with respect to technology acqui- 12 sition and transfer. 13 (c) MEMBERSHIP.— 14 (1) COMPOSITION.—The Council shall be com- 15 posed of the following: 16 (A) The Director of the Office of Critical 17 Technologies and Security appointed under sec- 18 tion 2(b)(1). 19 (B) The Secretary of Agriculture. 20 (C) The Secretary of Commerce. 21 (D) The Secretary of Defense. 22 (E) The Secretary of Education. 23 (F) The Secretary of Energy. 24 (G) The Secretary of Homeland Security. 25 VerDate Sep 11 2014 22:43 Jan 29, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H618.IH H618 kjohnson on DSK79L0C42 with BILLS 12 •HR 618 IH (H) The Secretary of State. 1 (I) The Secretary of Transportation. 2 (J) The Secretary of the Treasury. 3 (K) The Director of the Office of Manage- 4 ment and Budget. 5 (L) The Director of National Intelligence. 6 (M) The Director of the Central Intel- 7 ligence Agency. 8 (N) The Director of the Federal Bureau of 9 Investigation. 10 (O) The United States Trade Representa- 11 tive. 12 (P) The Director of the National Economic 13 Council. 14 (Q) The National Security Advisor. 15 (R) The Director of the Office of Science 16 and Technology Policy. 17 (S) A representative of the Committee on 18 Foreign Investment in the United States who 19 shall be selected by the Committee for purposes 20 of this section. 21 (T) The United States Ambassador to the 22 United Nations. 23 (U) The Chair of the Federal Communica- 24 tions Commission. 25 VerDate Sep 11 2014 22:43 Jan 29, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H618.IH H618 kjohnson on DSK79L0C42 with BILLS 13 •HR 618 IH (V) The Chair of the Federal Trade Com- 1 mission. 2 (W) Such other heads of Federal agencies 3 as the chairperson of the Council considers ap- 4 propriate. 5 (2) CHAIRPERSON.—The chairperson of the 6 Council shall be the Director of the Office of Critical 7 Technologies and Security appointed under section 8 2(b)(1). 9 (d) CONSULTATION AND COOPERATION.—The Coun- 10 cil— 11 (1) may constitute such advisory committees 12 and may consult with such representatives of indus- 13 try, agriculture, labor, consumers, State and local 14 governments, and other groups, as the Council con- 15 siders advisable; 16 (2) shall consult with the entities listed under 17 section 2(c)(1)(C); and 18 (3) shall seek and obtain the cooperation of ex- 19 ecutive agencies, including indep [Text truncated for display. 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