BAG18C69 S.L.C. 115TH CONGRESS S. ll 2D SESSION To establish the Office of Critical Technologies and Security, and for other purposes. IN THE SENATE OF THE UNITED STATES llllllllll Mr. WARNER introduced the following bill; which was read twice and referred to the Committee on llllllllll A BILL To establish the Office of Critical Technologies and Security, and for other purposes. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. FINDING; PURPOSE. 4 (a) FINDING.—Congress finds that, as of the date of 5 the enactment of this Act, the Federal Government 6 lacked— 7 (1) an office in the Executive Office of the 8 President that can coordinate security policy relating 9 to critical emerging, foundational, and dual-use tech- 10 nologies between the National Security Council and BAG18C69 S.L.C. 2 1 the National Economic Council and interface with 2 international, Federal, State, and local entities on 3 that policy; and 4 (2) a strategic plan— 5 (A) to stop the transfer of critical emerg- 6 ing, foundational, and dual-use technologies to 7 countries that pose a national security risk; and 8 (B) to maintain United States techno- 9 logical leadership with respect to critical emerg- 10 ing, foundational, and dual-use technologies and 11 ensure supply chain integrity and security for 12 such technologies. 13 (b) PURPOSE.—The primary purpose of this Act is 14 to establish the Office of Critical Technologies and Secu- 15 rity— 16 (1) to coordinate a whole-of-government re- 17 sponse to protect critical emerging, foundational, 18 and dual-use technologies and to effectively enlist 19 the support of regulators, the private sector, and 20 other scientific and technical hubs, including aca- 21 demia, to support and assist with such response; and 22 (2) to develop a long-term strategy to achieve 23 and maintain United States technological supremacy 24 with respect to critical emerging, foundational, and BAG18C69 S.L.C. 3 1 dual-use technologies and ensure supply chain integ- 2 rity and security for such technologies. 3 SEC. 2. OFFICE OF CRITICAL TECHNOLOGIES AND SECU- 4 RITY. 5 (a) ESTABLISHMENT.—There is established in the 6 Executive Office of the President an Office of Critical 7 Technology and Security (in this section referred to as the 8 ‘‘Office’’). 9 (b) DIRECTOR.— 10 (1) IN GENERAL.—There shall be at the head 11 of the Office a Director who shall be appointed by 12 the President. 13 (2) REPORTING.—The Director of the Office 14 shall report directly to the President. 15 (3) ADDITIONAL ROLES.—In addition to serving 16 as the head of the Office, the Director of the Office 17 shall— 18 (A) be a Deputy National Security Advisor 19 for the National Security Council and serve as 20 a member of such council; 21 (B) be a Deputy Director for the National 22 Economic Council and serve as a member of 23 such council; and BAG18C69 S.L.C. 4 1 (C) serve as the chairperson of the Council 2 on Critical Technologies and Security estab- 3 lished under section 3. 4 (c) FUNCTIONS.—The functions of the Director of 5 the Office are as follows: 6 (1) COORDINATION.—To carry out coordination 7 functions as follows: 8 (A) To serve as a centralized focal point 9 within the Executive Office of the President for 10 coordinating policy and actions of the Federal 11 Government— 12 (i) to stop the transfer of critical 13 emerging, foundational, and dual-use tech- 14 nologies to countries that pose a national 15 security risk, including by leading the 16 interagency process to identify emerging 17 and foundational technologies under sec- 18 tion 1758 of the John S. McCain National 19 Defense Authorization Act for Fiscal Year 20 2019 (Public Law 115–232); and 21 (ii) to maintain United States techno- 22 logical leadership with respect to critical 23 emerging, foundational, and dual-use tech- 24 nologies and ensure supply chain integrity 25 and security for such technologies. BAG18C69 S.L.C. 5 1 (B) To coordinate whole-of-government re- 2 sponses, working in partnership with heads of 3 national security and economic agencies and 4 agencies with science and technology hubs, in- 5 cluding those described in section 3(c)(1). 6 (C) To facilitate coordination and consulta- 7 tion with— 8 (i) Federal and State regulators of 9 telecommunications and technology indus- 10 tries, including the Federal Communica- 11 tions Commission, the Federal Trade Com- 12 mission, and the Office of Science and 13 Technology Policy; 14 (ii) the private sector, including indus- 15 try, labor, consumer, and other groups as 16 necessary; 17 (iii) other nongovernmental scientific 18 and technical hubs and stakeholders, in- 19 cluding academic stakeholders; and 20 (iv) key international partners and al- 21 lies of the United States. 22 (2) MESSAGING AND OUTREACH.—To lead mes- 23 saging and outreach efforts by the Federal Govern- 24 ment on the national security threat posed by the 25 improper acquisition and transfer of critical emerg- BAG18C69 S.L.C. 6 1 ing, foundational, and dual-use technologies that the 2 Federal Government determines necessary to pro- 3 tect, by countries of concern including— 4 (A) acting as the chief policy spokesperson 5 for the Federal Government on related security 6 and critical technology issues; 7 (B) encouraging Federal departments and 8 agencies to work with key stakeholders as de- 9 scribed in paragraph (1), as well as States, lo- 10 calities, international partners, and allies, to 11 better analyze and disseminate critical informa- 12 tion from the intelligence community (as de- 13 fined in section 3 of the National Security Act 14 of 1947 (50 U.S.C. 3003)); and 15 (C) improving overall education of the 16 United States public and business leaders in 17 key sectors about the threat to United States 18 national security posed by— 19 (i) the improper acquisition and trans- 20 fer of critical technologies by countries 21 that pose a national security risk; and 22 (ii) reliance on foreign products iden- 23 tified by the Federal government that pose 24 a national security risk in private sector 25 supply chains. BAG18C69 S.L.C. 7 1 (3) LONG-TERM STRATEGY.—To lead the devel- 2 opment of a comprehensive, long-term strategic plan 3 in coordination with United States allies and other 4 defense partners— 5 (A) to enhance the interagency process for 6 identifying emerging and foundational carried 7 out under section 1758 of the John S. McCain 8 National Defense Authorization Act for Fiscal 9 Year 2019 (Public Law 115–232) and to re- 10 evaluate those identifications on an ongoing 11 basis; 12 (B)(i) to protect and enforce intellectual 13 property rights; 14 (ii) to reduce reliance on foreign products 15 identified by the Federal Government that pose 16 a national security risk to the United States in 17 critical public sector supply chains; 18 (iii) to develop a strategy to inform the 19 private sector about critical supply chain risks; 20 and 21 (iv) to address other security concerns re- 22 lated to forced or unfair technology transfer to 23 and from such countries; 24 (C) to maintain technological leadership 25 with respect to critical emerging, foundational, BAG18C69 S.L.C. 8 1 and dual-use technologies and to increase public 2 sector funding for research and development 3 that is key to maintaining such technological 4 leadership; 5 (D) to develop specific policies and actions 6 to enforce intellectual property and cybersecu- 7 rity standards to deter and prosecute industrial 8 espionage and other similar measures; and 9 (E) to develop specific policies— 10 (i) to improve the research and devel- 11 opment ecosystem, including academic in- 12 stitutions, nonprofit organizations, and pri- 13 vate entities; and 14 (ii) to reestablish the United States as 15 the world leader in research and develop- 16 ment; and 17 (F) to develop specific measures and goals 18 that can be tracked and monitored as described 19 in paragraph (4). 20 (4) MONITORING AND TRACKING.— 21 (A) MEASURES.—In conjunction with the 22 Council of Economic Advisors, the United 23 States Trade Representative, the Office of 24 Science and Technology Policy, to use measures BAG18C69 S.L.C. 9 1 developed under paragraph (3)(F) to monitor 2 and track— 3 (i) key trends relating to transfer of 4 critical emerging, foundational, and dual- 5 use technologies; 6 (ii) key trends relating to United 7 States government investments in innova- 8 tion and competitiveness compared to gov- 9 ernments of other countries; 10 (iii) inappropriate influence of inter- 11 national standards setting processes by 12 foreign countries that pose a national secu- 13 rity risk; and 14 (iv) progress implementing the com- 15 prehensive, long-term strategic plan devel- 16 oped under paragraph (3). 17 (B) GOALS.—To monitor and track 18 progress made towards achieving goals relating 19 to protecting the security of critical technologies 20 of the United States. 21 (d) STAFF.—The Director of the Office may— 22 (1) without regard to the civil service laws, em- 23 ploy, and fix the compensation of, such specialists 24 and other experts as may be necessary for the Direc- 25 tor to carry out the functions of the Director; and BAG18C69 S.L.C. 10 1 (2) subject to the civil service laws, employ such 2 other officers and employees as may be necessary to 3 carry out the functions of the Director. 4 (e) ANNUAL REPORT.— 5 (1) IN GENERAL.—Not less frequently than 6 once each year, the Director shall submit to Con- 7 gress a report on— 8 (A) the activities of the Office; and 9 (B) matters relating to national security 10 and the protection of critical technologies. 11 (2) FORM.—Each report submitted under para- 12 graph (1) shall be submitted in unclassified form, 13 but may include a classified annex. 14 (f) CONFORMING AMENDMENT.—Section 101(c) of 15 the National Security Act of 1947 (50 U.S.C. 3021(c)) 16 is amended by inserting ‘‘the Director of the Office of 17 Critical Technologies and Security,’’ after ‘‘Treasury,’’. 18 SEC. 3. COUNCIL ON CRITICAL TECHNOLOGIES AND SECU- 19 RITY. 20 (a) ESTABLISHMENT.—There is a council known as 21 the Council on Critical Technologies and Security (in this 22 section referred to as the ‘‘Council’’). 23 (b) FUNCTION.—The function of the Council shall be 24 to advise the President on matters relating to challenges