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Code · BILL · 115th Congress · H.R. 5841 (Placed on Calendar Senate) — To modernize and strengthen the Committee on Foreign Investment in the United States to more effectively guard agains... · Sec. 818

Sec. 818. Requirements to identify and control emerging, foundational, and other critical technologies in export control regulations

1,259 words·~6 min read·/bill/115/hr/5841/pcs/section-818

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The President shall establish and, in coordination with the Secretary, the Secretary of Defense, the Secretary of Energy, the Secretary of State, and the heads of other Federal agencies as appropriate, lead a regular, ongoing interagency process to identify emerging and foundational technologies that— are essential to the national security of the United States; and are not critical technologies described in subparagraphs
(A)through
(D)of section 721(a)(7) of the Defense Production Act of 1950 ( 50 U.S.C. 4565(a)(7) ). The interagency process required under paragraph
(1)shall— be informed by multiple sources of information, including— publicly available information; classified information, including relevant information provided by the Director of National Intelligence; information relating to reviews and investigations of transactions by the Committee on Foreign Investment in the United States under section 721 of the Defense Production Act of 1950 ( 50 U.S.C. 4565 ); and information provided by the advisory committees established by the Secretary to advise the Under Secretary of Commerce for Industry and Security on controls under the Export Administration Regulations, including the Emerging Technology and Research Advisory Committee. take into account— the development of emerging and foundational technologies in other countries; the effect export controls imposed pursuant to this section may have on the development of the technologies in the United States; and the effectiveness of export controls imposed pursuant to this section on limiting the proliferation of emerging and foundational technologies to foreign countries; provide for the nomination of an emerging or foundational technology to be identified under subsection
(a)by the Secretary, the Secretary of Defense, the Secretary of State, the Secretary of Energy, or the heads of other Federal agencies as appropriate; ensure that, not later than 60 days after the nomination of an emerging or foundational technology under subparagraph (C), the Secretary makes a determination, in coordination with the Secretary of Defense, the Secretary of State, the Secretary of Energy, and the heads of other Federal agencies as appropriate, regarding whether additional or modified controls on the technology under this section are warranted, including through informing a person that a license is required to export the technology, or that more time and input from the sources described in this paragraph is needed before a final determination is made to issue a rule to impose controls over such technology; and include a notice and comment period. The Secretary shall, except to the extent inconsistent with the authorities described in subsection (a)(1)(B), establish appropriate controls on the export, reexport, or transfer of technology identified pursuant to subsection
(a)and subject to the Export Administration Regulations, including by publishing additional regulations. The Secretary may, in coordination with the Secretary of Defense, the Secretary of Energy, the Secretary of State, and the heads of other Federal agencies as appropriate, specify the level of control to apply under paragraph
(1)with respect to the export of technology described in that paragraph, including a requirement for a license or other authorization, to export, reexport, or transfer of that technology. In determining under subparagraph
(A)the level of control that is appropriate for technology described in paragraph (1), the Secretary shall take into account— lists of countries to which exports from the United States are restricted; and the potential end uses and end users of the technology. The Secretary shall, at a minimum and except as required by paragraph (4), require a license to export, reexport, or transfer technology described in paragraph
(1)to or in a country subject to an embargo, including an arms embargo, imposed by the United States. The procedures set forth in Executive Order 12981 ( 50 U.S.C. 4603 note; relating to the administration of export controls) or any successor order, shall apply to the review of an application for a license for the export, reexport, or transfer of technology described in paragraph (1). In reviewing an application for a license or other authorization for the export, reexport, or transfer of technology described in paragraph (1), the Secretary shall take into account information provided by the Director of National Intelligence regarding any threat to the national security of the United States posed by the proposed export, reexport, or transfer. The Director of National Intelligence shall provide such information on the request of the Secretary. In the case of an application for a license or other authorization for the export, reexport, or transfer of technology described in paragraph
(1)submitted by or on behalf of a joint venture, joint development agreement, or similar collaborative arrangement, the Secretary may require the applicant to identify, in addition to any foreign person participating in the arrangement, any foreign person with significant ownership interest in a foreign person participating in the arrangement. The Secretary may not control under this subsection the export of any technology described in paragraph
(1)if the regulation of that technology is prohibited under any other provision of law. In prescribing regulations under paragraph (1), the Secretary may include appropriate regulatory exemptions to the requirements of that paragraph for the export, reexport, or transfer of technology described in paragraph (1). The Secretary of State, in coordination with the Secretary, the Secretary of Defense, the Secretary of Energy, and heads of other Federal agencies as appropriate, shall propose to the relevant multilateral export control regimes in the following year that a technology identified through the interagency process required under subsection
(a)be added to the list of technology controlled by such regimes. The Secretary, with respect to those items on the Commerce Control List maintained under part 774 of title 15, Code of Federal Regulations, and in coordination with the Secretary of Defense, the Secretary of Energy, and the Secretary of State, and the Secretary of State, with respect to those items on the United States Munitions List and in coordination with the Secretary of Defense and the heads of other Federal agencies as appropriate, shall determine whether national security concerns warrant continued unilateral export controls over a technology proposed for multilateral control under paragraph
(1)if the relevant multilateral export control regime does not agree to list such technology on its control list within three years of a proposal by the United States. Not later than 180 days after the date of the enactment of this Act, and not less frequently than every 180 days thereafter, the Secretary, in coordination with the Secretary of Defense, the Secretary of State, the Secretary of Energy, and the heads of other Federal agencies as appropriate, shall submit to the Committee on Foreign Investment in the United States on a semiannual basis a report on updates of any key actions taken pursuant to this section. Nothing in this section shall be construed to alter or limit— the authority of the President and the Secretary of State to designate those items that are considered to be defense articles or defense services for purposes of the Arms Export Control Act ( 22 U.S.C. 2751 et seq.) or to otherwise regulate such items; or the authority of the President under the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq.), the Nuclear Non-Proliferation Act of 1978 ( 22 U.S.C. 3201 et seq.), the Energy Reorganization Act of 1974 ( 42 U.S.C. 5801 et seq.), this title, or any other provision of law relating to the control of exports. It is the sense of the Congress that the President should request in the annual budget of the President submitted under section 1105(a) of title 31, United States Code, sufficient resources to enable the relevant departments and agencies to effectively implement this section.
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cites case law
Sec. 818
Requirements to identify and control emerging, foundational, and other critical technologies in export control regulations
U.S.C.§ 4565
Fed. Reg.Presidential Documents
U.S.C.§ 4603
U.S.C.§ 2751
U.S.C.§ 2011
U.S.C.§ 3201
U.S.C.§ 5801
Cites 7Cited by 0 across 0 sources
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