[Congressional Record Volume 165, Number 98 (Wednesday, June 12, 2019)]
[Senate]
[Pages S3446-S3447]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 388. Mr. WARNER (for himself and Mr. Rubio) submitted an amendment
intended to be proposed by him to the bill S. 1790, to authorize
appropriations for fiscal year 2020 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle C of title II, add the following:
SEC. 243. 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
[[Page S3447]]
(C) serve as the chairperson of the Council on Critical
Technologies and Security established under Section 244.
(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 supporting 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 244(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. 244. 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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