[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 618 Introduced in House (IH)]
<DOC>
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
Committee on Foreign Affairs, and in addition to the Committees on
Armed Services, and Intelligence (Permanent Select), for a period to be
subsequently 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 Representatives of the
United States of America in Congress assembled,
SECTION 1. FINDING; PURPOSE.
(a) Finding.--Congress finds that, as of the date of the enactment
of this Act, the Federal Government lacks--
(1) an office in the Executive Office of the President that
can coordinate security policy relating to critical emerging,
foundational, and dual-use technologies between the National
Security Council and the National Economic Council and that can
interface with international, Federal, State, and local
entities on that policy; and
(2) a strategic plan--
(A) to stop the transfer of critical emerging,
foundational, and dual-use technologies to countries
that pose a national security risk; and
(B) to maintain United States technological
leadership with respect to critical emerging,
foundational, and dual-use technologies and ensure
supply chain integrity and security for such
technologies.
(b) Purpose.--The primary purpose of this Act is to establish the
Office of Critical Technologies and Security--
(1) to coordinate a whole-of-government response to protect
critical emerging, foundational, and dual-use technologies and
to effectively enlist the support of Federal agencies, the
private sector, and other scientific and technical hubs,
including academia, to support and assist with such response;
and
(2) to develop a long-term strategy to achieve and maintain
United States technological supremacy with respect to critical
emerging, foundational, and dual-use technologies and ensure
supply chain integrity and security for such technologies.
SEC. 2. OFFICE OF CRITICAL TECHNOLOGIES AND SECURITY.
(a) Establishment.--There is established in the Executive Office of
the President an Office of Critical Technology and Security (in this
section referred to as the ``Office'').
(b) Director.--
(1) In general.--There shall be at the head of the Office a
Director who shall be appointed by the President.
(2) Reporting.--The Director of the Office shall report
directly to the President.
(3) Additional roles.--In addition to serving as the head
of the Office, the Director of the Office shall--
(A) be a Deputy National Security Advisor for the
National Security Council and serve as a member of such
council;
(B) be a Deputy Director for the National Economic
Council and serve as a member of such council; and
(C) serve as the chairperson of the Council on
Critical Technologies and Security established under
section 3.
(c) Functions.--The functions of the Director of the Office are as
follows:
(1) Coordination.--To carry out coordination functions as
follows:
(A) To serve as a centralized focal point within
the Executive Office of the President for coordinating
policy and actions of the Federal Government--
(i) to stop the transfer of critical
emerging, foundational, and dual-use
technologies to countries that pose a national
security risk, including by leading the
interagency process to identify emerging and
foundational technologies under section 1758 of
the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public
Law 115-232); and
(ii) to maintain United States
technological leadership with respect to
critical emerging, foundational, and dual-use
technologies and ensure supply chain integrity
and security for such technologies.
(B) To coordinate whole-of-government responses,
working in partnership with heads of national security
and economic agencies and agencies with science and
technology hubs, including the heads described in
section 3(c)(1).
(C) To facilitate coordination and consultation
with--
(i) Federal and State regulators of
telecommunications and technology industries,
including the Federal Communications
Commission, the Federal Trade Commission, and
the Office of Science and Technology Policy;
(ii) the private sector, including
industry, labor, consumer, and other groups as
necessary;
(iii) other nongovernmental scientific and
technical hubs and stakeholders, including
academic stakeholders; and
(iv) United States allies and other defense
partners.
(2) Messaging and outreach.--To lead messaging and outreach
efforts by the Federal Government on the national security
threat posed by the improper acquisition and transfer of
critical emerging, foundational, and dual-use technologies that
the Federal Government determines necessary to protect, by
countries of concern including--
(A) acting as the chief policy spokesperson for the
Federal Government on related critical technology and
security issues;
(B) encouraging Federal agencies to work with key
stakeholders as described in paragraph (1), as well as
States, localities, international partners, and allies,
to better analyze and disseminate critical information
from the intelligence community (as defined in section
3 of the National Security Act of 1947 (50 U.S.C.
3003)); and
(C) improving overall education of the United
States public and business leaders in key sectors about
the threat to United States national security posed
by--
(i) the improper acquisition and transfer
of critical emerging, foundational, and dual-
use technologies by countries that pose a
national security risk; and
(ii) reliance on foreign products
identified by the Federal Government that pose
a national security risk in private sector
supply chains.
(3) Long-term strategy.--To lead the development of a
comprehensive, long-term strategic plan in coordination with
United States allies and other defense partners--
(A) to enhance the interagency process for
identifying emerging and foundational technologies
carried out under section 1758 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232) and to re-evaluate those
identifications on an ongoing basis;
(B)(i) to protect and enforce intellectual property
rights;
(ii) to reduce reliance on foreign products
identified by the Federal Government that pose a
national security risk to the United States in critical
public sector supply chains;
(iii) to develop a strategy to inform the private
sector about critical supply chain risks; and
(iv) to address other security concerns related to
forced or unfair technology transfer to and from such
countries;
(C) to maintain technological leadership with
respect to critical emerging, foundational, and dual-
use technologies and to increase public sector funding
for research and development that is key to maintaining
such technological leadership;
(D) to develop specific policies and actions to
enforce intellectual property and cybersecurity
standards to deter and prosecute industrial espionage
and other similar measures; and
(E) to develop specific policies--
(i) to improve the research and development
ecosystem, including academic institutions,
nonprofit organizations, and private entities;
and
(ii) to reestablish the United States as
the world leader in research and development;
and
(F) to develop specific measures and goals that can
be tracked and monitored as described in paragraph (4).
(4) Monitoring and tracking.--
(A) Measures.--In conjunction with the Council of
Economic Advisors, the United States Trade
Representative, the Office of Science and Technology
Policy, to use measures developed under paragraph
(3)(F) to monitor and track--
(i) key trends relating to transfer of
critical emerging, foundational, and dual-use
technologies;
(ii) key trends relating to United States
Government investments in innovation and
competitiveness compared to governments of
other countries;
(iii) inappropriate influence of
international standards setting processes by
foreign countries that pose a national security
risk; and
(iv) progress implementing the
comprehensive, long-term strategic plan
developed under paragraph (3).
(B) Goals.--To monitor and track progress, using
specific measures developed by the Office, made towards
achieving goals relating to protecting the security of
critical emerging, foundational, and dual-use
technologies of the United States.
(d) Staff.--The Director of the Office may--
(1) without regard to the civil service laws, employ, and
fix the compensation of, such specialists and other experts as
may be necessary for the Director to carry out the functions of
the Director; and
(2) subject to the civil service laws, employ such other
officers and employees as may be necessary to carry out the
functions of the Director.
(e) Annual Report.--
(1) In general.--Not less frequently than once each year,
the Director shall submit to Congress a report on--
(A) the activities of the Office; and
(B) matters relating to national security and the
protection of critical emerging, foundational, dual-use
technologies.
(2) Form.--Each report submitted under paragraph (1) shall
be submitted in unclassified form, but may include a classified
annex.
(f) Conforming Amendment.--Section 101(c) of the National Security
Act of 1947 (50 U.S.C. 3021(c)) is amended by inserting ``the Director
of the Office of Critical Technologies and Security,'' after
``Treasury,''.
SEC. 3. COUNCIL ON CRITICAL TECHNOLOGIES AND SECURITY.
(a) Establishment.--There is a council known as the Council on
Critical Technologies and Security (in this section referred to as the
``Council'').
(b) Function.--The function of the Council shall be to advise the
President on matters relating to challenges posed by foreign powers
with respect to technology acquisition and transfer.
(c) Membership.--
(1) Composition.--The Council shall be composed of the
following:
(A) The Director of the Office of Critical
Technologies and Security appointed under section
2(b)(1).
(B) The Secretary of Agriculture.
(C) The Secretary of Commerce.
(D) The Secretary of Defense.
(E) The Secretary of Education.
(F) The Secretary of Energy.
(G) The Secretary of Homeland Security.
(H) The Secretary of State.
(I) The Secretary of Transportation.
(J) The Secretary of the Treasury.
(K) The Director of the Office of Management and
Budget.
(L) The Director of National Intelligence.
(M) The Director of the Central Intelligence
Agency.
(N) The Director of the Federal Bureau of
Investigation.
(O) The United States Trade Representative.
(P) The Director of the National Economic Council.
(Q) The National Security Advisor.
(R) The Director of the Office of Science and
Technology Policy.
(S) A representative of the Committee on Foreign
Investment in the United States who shall be selected
by the Committee for purposes of this section.
(T) The United States Ambassador to the United
Nations.
(U) The Chair of the Federal Communications
Commission.
(V) The Chair of the Federal Trade Commission.
(W) Such other heads of Federal agencies as the
chairperson of the Council considers appropriate.
(2) Chairperson.--The chairperson of the Council shall be
the Director of the Office of Critical Technologies and
Security appointed under section 2(b)(1).
(d) Consultation and Cooperation.--The Council--
(1) may constitute such advisory committees and may consult
with such representatives of industry, agriculture, labor,
consumers, State and local governments, and other groups, as
the Council considers advisable;
(2) shall consult with the entities listed under section
2(c)(1)(C); and
(3) shall seek and obtain the cooperation of executive
agencies, including independent agencies, of the Federal
Government in the development of specialized studies essential
to its responsibilities.
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