[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 29 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                 S. 29

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 4, 2019

 Mr. Warner (for himself and Mr. Rubio) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 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 lacked--
            (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 
        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 regulators, 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 those 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) key international partners and allies 
                        of the United States.
            (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 security and critical 
                technology issues;
                    (B) encouraging Federal departments and 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 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 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 made 
                towards achieving goals relating to protecting the 
                security of critical 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 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 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 departments and agencies of 
                the Federal Government 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 the various 
        executive and independent agencies of the Federal Government in 
        the development of specialized studies essential to its 
        responsibilities.
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