Sec. 104. List of acquisition programs, technologies, manufacturing capabilities, and research areas critical to national and economic security
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The Director of the Office of Science and Technology Policy (referred to in this section as the Director ), in coordination with the National Security Council, the National Economic Council, and the relevant agencies described in paragraph (2), shall establish and maintain a list of acquisition programs, technologies, manufacturing capabilities, and research areas that are critical for maintaining the national and economic security technological advantage of the United States over foreign countries of special concern.
The agencies described in this paragraph are— the Department of Commerce, including the National Institute of Standards and Technology and the Bureau of Industry and Security; the Department of Defense; the Department of Energy; the National Aeronautics and Space Administration; the National Institutes of Health; the National Science Foundation; and other relevant agencies designated by the Director. The Director may use the list established and maintained under subsection (a)(1) for the following purposes:
To guide the recommendations of the Federal Government in any interagency determinations conducted pursuant to Federal law relating to technology protection, including relating to export licensing, deemed exports, technology transfer, and foreign direct investment. To inform Federal Government interagency processes on promotion and protection activities involving acquisition programs and technologies that are necessary to achieve and maintain the national and economic security technology advantage of the United States, including those that are supportive of military requirements and strategies.
To inform the Federal Government’s activities to integrate acquisition, intelligence, counterintelligence and security, and law enforcement to inform requirements, acquisition, programmatic, and strategic courses of action for technology protection. To identify vulnerabilities in supply chains in critical technologies and foundational manufacturing capabilities that are key to domestic manufacturing competitiveness and resiliency, including forming, casting, machining, joining, surface treatment, and tooling.
To inform development of research investment strategies and activities and development of innovation centers and the critical technology industrial base through the employment of financial assistance from the Federal Government through appropriate statutory authorities and programs. To identify opportunities for alliances and partnerships in key research and development areas to achieve and maintain a national and economic security technology advantage. To identify opportunities for the Federal Government’s acquisition programs to prompt the development, deployment, and domestic manufacturing of technologies, including creating market demand for new technologies and key manufacturing processes.
For such other purposes as the Director considers appropriate. Not less frequently than once each year, the Director shall update the list established and maintained under subsection (a)(1). Not later than 180 days after the date of enactment of this Act, the Director shall publish the list established and maintained under subsection (a)(1). Not later than one year after publishing the list under paragraph
(1)and not less frequently than once each year thereafter, the Director shall publish the list more recently updated under subsection (c). Each publication under this subsection shall include a justification for the inclusion of items on the list, including specific performance and technical figures of merit. The Director shall implement this section in conjunction with the Excellence in Critical Technologies Program established by section 103.