Sec. 1725. Requirements to identify and control the export of emerging and foundational technologies

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The President shall establish and, in coordination with the Secretary of Commerce, 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 clauses

(i)through

(v)of section 721(a)(8)(B) of the Defense Production Act of 1950, as amended by section 1703. The interagency process established under subsection

(a)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 of Commerce 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 foreign countries; the effect export controls imposed pursuant to this section may have on the development of such 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; and include a notice and comment period. The Secretary of Commerce shall establish appropriate controls under the Export Administration Regulations on the export, reexport, or in-country transfer of technology identified pursuant to subsection (a), including by prescribing additional regulations. The Secretary of Commerce may, in coordination with the Secretary of Defense, 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 for the export, reexport, or in-country transfer of that technology. In determining under subparagraph

(A)the level of control appropriate for technology described in paragraph (1), the Secretary of Commerce 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. At a minimum, except as provided by paragraph (4), the Secretary of Commerce shall require a license for the export, reexport, or in-country transfer of 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 administration of export controls) or a successor order shall apply to the review of an application for a license or other authorization for the export, reexport, or in-country transfer of technology described in paragraph (1). In reviewing an application for a license or other authorization for the export, reexport, or in-country transfer of technology described in paragraph (1), the Secretary of Commerce 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 of Commerce. In the case of an application for a license or other authorization for the export, reexport, or in-country 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 of Commerce 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 of Commerce may not control under this subsection the export of any technology— described in section 203(b) of the International Emergency Economic Powers Act ( 50 U.S.C. 1702(b) ); or if the regulation of the export of that technology is prohibited under any other provision of law. In prescribing regulations under paragraph (1), the Secretary of Commerce may include regulatory exceptions to the requirements of that paragraph. The Secretary of Commerce shall not be required to impose under paragraph

(1)a requirement for a license or other authorization with respect to the export, reexport, or in-country transfer of technology described in paragraph

(1)pursuant to any of the following transactions: The sale or license of a finished item and the provision of associated technology if the United States person that is a party to the transaction generally makes the finished item and associated technology available to its customers, distributors, or resellers. The sale or license to a customer of a product and the provision of integration services or similar services if the United States person that is a party to the transaction generally makes such services available to its customers. The transfer of equipment and the provision of associated technology to operate the equipment if the transfer could not result in the foreign person using the equipment to produce critical technologies (as defined in section 721(a) of the Defense Production Act of 1950, as amended by section 1703). The procurement by the United States person that is a party to the transaction of goods or services, including manufacturing services, from a foreign person that is a party to the transaction, if the foreign person has no rights to exploit any technology contributed by the United States person other than to supply the procured goods or services. Any contribution and associated support by a United States person that is a party to the transaction to an industry organization related to a standard or specification, whether in development or declared, including any license of or commitment to license intellectual property in compliance with the rules of any standards organization (as defined by the Secretary by regulation). The Secretary of State, in consultation with the Secretary of Commerce and the Secretary of Defense, and the heads of other Federal agencies, as appropriate, may propose that any technology identified pursuant to subsection

(a)be added to the list of technologies controlled by the relevant multilateral export control regimes. If the Secretary of State proposes to a multilateral export control regime under paragraph

(1)to add a technology identified pursuant to subsection

(a)to the control list of that regime and that regime does not add that technology to the control list during the 3-year period beginning on the date of the proposal, the applicable agency head may determine whether national security concerns warrant the continuation of unilateral export controls with respect to that technology. In this paragraph, the term applicable agency head means— in the case of technology listed on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations, the Secretary of Commerce, in consultation with the Secretary of Defense and the Secretary of State; and in the case of technology listed on the United States Munitions List set forth in part 121 of title 22, Code of Federal Regulations, the Secretary of State, in consultation with the Secretary of Defense and the heads of other Federal agencies, as appropriate. Not less frequently than every 180 days, the Secretary of Commerce, in coordination with the Secretary of Defense, the Secretary of State, and the heads of other Federal agencies, as appropriate, shall submit to the Committee on Foreign Investment in the United States a report on the results of actions taken pursuant to this section. Not less frequently than every 180 days, the Secretary of Commerce, in coordination with the Secretary of Defense, the Secretary of State, and the heads of other Federal agencies, as appropriate, shall submit a report on the results of actions taken pursuant to this section, including actions taken pursuant to subsections (a), (b), and (c), to— the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate; and the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives. The Secretary of Commerce shall revise the objectives of the Emerging Technology and Research Advisory Committee, established by the Secretary under the Export Administration Regulations, to include advising the interagency process established under subsection

(a)with respect to emerging and foundational technologies. The Secretary— shall revise the duties of the Emerging Technology and Research Advisory Committee to include identifying emerging and foundational technologies that may be developed over a period of 5 years or 10 years; and may revise the duties of the Advisory Committee to include identifying trends in— the ownership by foreign persons and foreign governments of such technologies; the types of transactions related to such technologies engaged in by foreign persons and foreign governments; the blending of private and government investment in such technologies; and efforts to obfuscate ownership of such technologies or to otherwise circumvent the controls established under this section. The Emerging Technology and Research Advisory Committee should meet not less frequently than every 120 days. A representative from each agency participating in the interagency process established under subsection

(a)should be in attendance at each meeting of the Emerging Technology and Research Advisory Committee. Not fewer than half of the members of the Emerging Technology and Research Advisory Committee should hold sufficient security clearances such that classified information, including classified information described in clauses

(ii)and

(iii)of subsection (a)(2)(A), from the interagency process established under subsection

(a)can be shared with those members to inform the advice provided by the Advisory Committee. Subsections (a)(1), (a)(3), and

(b)of section 10 and sections 11, 13, and 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Emerging Technology and Research Advisory Committee. The Emerging Technology and Research Advisory Committee shall include the findings of the Advisory Committee under this subsection in the annual report to Congress required by section 14 of the Export Administration Act of 1979 ( 50 U.S.C. 4616 ) (as continued in effect pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.)). Nothing in this section shall be construed to alter or limit— the authority of the President or the Secretary of State to designate items as defense articles and defense services for the 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.), or the Export Administration Act of 1979 ( 50 U.S.C. 4601 et seq.) (as continued in effect pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.)) or any other provision of law relating to the control of exports. In this section: The term Export Administration Regulations means subchapter C of chapter VII of title 15, Code of Federal Regulations. The term in-country transfer has the meaning given to the term in the Export Administration Regulations. The term reexport has the meaning given to the term in the Export Administration Regulations. The term United States person means any person subject to the jurisdiction of the United States.

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