,i #aafth ,,congress #b;d ,session ,h4 ,r4 #hcbi ,,in ,,the ,,house ,,of ,,representatives ,september #ba1 #bjbj,mr4 ,mc,caul introduced the following bill2 which was referred to the ,committee on ,foreign ,affairs ,a ,,bill ,to eliminate or substantially reduce the global availability of critical technologies to ,united ,states arms embargoed countries1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,revitalizing ,multilateral ,export ,control ,diplomacy for ,critical ,technologies ,act4 #b4 ,findings and sense of ,congress 7a7 ,findings ,congress finds the following3 7#a7 ,united ,states arms embargoed countries are implementing malign and aggressive industrial policies using non-market means and engaging in predatory investment to gain control of critical technologies in order to achieve market dominance and control supply chains4 7#b7 ,these countries integrate their industrial policies into initiatives that break down the barriers and distinctions between the commercial sector and the military to ensure that critical technologies support the development of their military4 7#c7 ,these countries seek to obtain critical technologies from the ,united ,states and covered ,united ,states allies and partners4 7b7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 the fast-paced nature of technological innovation and the systemic diversion of technological innovation and know-how by ,united ,states arms embargoed countries for the benefit of developing and enhancing their militaries1 challenges the effectiveness of existing multilateral fora established specifically to prevent such export control risks1 such as the ,wassenaar ,arrangement2 and 7#b7 the ability of ,united ,states arms embargoed countries to access critical technologies that affect the national security of the ,united ,states should spur the ,united ,states to work with covered ,united ,states allies and partners to develop unified export control policies to eliminate or substantially reduce the global availability of critical technologies to ,united ,states arms embargoed countries4 #c4 ,strategy to control the availability of critical technologies 7a7 ,statement of policy ,it is the policy of the ,united ,states to-- 7#a7 work with covered ,united ,states allies and partners to develop unified export control policies to eliminate or substantially reduce the global availability of critical technologies to ,united ,states arms embargoed countries1 including by-- 7,a7 leading regular and rapid bilateral and plurilateral negotiations with respect to specific critical technologies with different groupings of such allies and partners2 7,b7 using policy instruments1 including tax1 investment1 licensing1 lending1 and trade1 to provide incentives to such allies and partners2 and 7,c7 using1 if necessary1 existing authorities1 including trade remedies1 the ,united ,states ,munitions ,list1 the ,entity ,list1 economic sanctions1 and other authorities available under the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq472 7#b7 ensure critical technologies do not advance the economic strategies1 industrial policy goals1 or military capabilities of ,united ,states arms embargoed countries2 7#c7 carry out joint research and development projects with covered ,united ,states allies and partners1 with adequate safeguards for the protection and promotion of any resulting intellectual property1 to-- 7,a7 advance a broad range of scientific and technical disciplines1 including with respect to critical technologies that may be affected by the implementation of the strategy required by subsection 7b72 and 7,b7 develop alternative markets to compensate for lost sales opportunities2 and 7#d7 enhance the sharing of information with covered ,united ,states allies and partners that have entered into a multilateral export control agreement with the ,united ,states described in section #d7;d74 7b7 ,strategy 7#a7 ,in general ,the ,president1 in consultation with the ,secretary of ,commerce1 the ,secretary of ,defense1 the ,secretary of ,state1 the ,director of ,national ,intelligence1 the ,secretary of the ,treasury1 and the ,secretary of ,energy1 shall develop a strategy to work with covered ,united ,states allies and partners to develop unified export control policies to eliminate or substantially reduce the global availability of critical technologies to ,united ,states arms embargoed countries4 7#b7 ,industry consultation 7,a7 ,in general ,the ,president shall-- 7i7 inform and solicit input in writing from representatives of relevant ,united ,states industries in developing the strategy required by paragraph 7#a72 and 7ii7 submit to the appropriate congressional committees input received pursuant to clause 7i74 7,b7 ,disclosure of confidential information prohibited ,no such committee1 or member thereof1 may disclose any information made available under subparagraph 7,a77ii7 that is submitted on a confidential basis unless the committee determines that the withholding of that information is contrary to the national interest of the ,united ,states4 7#c7 ,matters to be included ,the strategy required by this subsection shall include the following3 7,a7 ,an identification of critical technologies that are priorities for-- 7i7 the national security and the defense industrial base of the ,united ,states2 and 7ii7 the economic strategies1 industrial policies1 and military development of ,united ,states arms embargoed countries4 7,b7 ,an identification of ,united ,states export control policies for critical technologies identified under subparagraph 7,a74 7,c7 ,an identification of covered ,united ,states allies and partners and their share of the global market with respect to critical technologies identified under subparagraph 7,a74 7,d7 ,a description of ongoing and future efforts to work with covered ,united ,states allies and partners to develop unified export control policies in accordance with the ,united ,states policy described in subsection 7a74 7,e7 ,an assessment of the effectiveness and methods of past efforts by ,united ,states arms embargoed countries to circumvent export control policies relating to critical technologies identified under subparagraph 7,a74 7,f7 ,the establishment of a working group1 to include appropriate representatives from the ,department of ,commerce1 the ,department of ,defense1 the ,department of ,state1 the ,office of the ,director of ,national ,intelligence1 the ,department of the ,treasury1 the ,department of ,energy1 and other relevant ,federal agencies1 to implement the strategy4 7c7 ,report 7#a7 ,in general ,not later than #abj days after the date of the enactment of this ,act1 and annually thereafter for #d years1 the ,president shall submit to the appropriate congressional committees a report in writing that contains-- 7,a7 the strategy required by subsection 7b72 and 7,b7 a summary of input solicited and received from representatives of relevant ,united ,states industries in developing the strategy required by subsection 7b74 7#b7 ,form ,the report required by this subsection shall-- 7,a7 be submitted in unclassified form but may contain a classified annex2 and 7,b7 be made available on a publicly accessible government website4 #d4 ,actions to secure the global semiconductor supply chain 7a7 ,finding ,congress finds that1 according to the ,second ,quarter ,recommendations of the congressionally-established ,national ,security ,commission on ,artificial ,intelligence1 high-end semiconductor chips with feature sizes #de nanometers and below are the most useful for advanced artificial intelligence capabilities4 7b7 ,statement of policy ,it is the policy of the ,united ,states-- 7#a7 to work with covered ,united ,states allies and partners to secure the semiconductor supply chain in a manner that eliminates or substantially reduces its presence in or reliance on ,united ,states arms embargoed countries2 7#b7 to ensure ,united ,states semiconductor manufacturing equipment1 design tools1 and technical data are not made available to ,united ,states arms embargoed countries in achieving their industrial policy goals that threaten ,united ,states national security interests2 and 7#c7 to proceed expeditiously in diplomatic efforts with covered ,united ,states allies and partners to develop unified export control policies to eliminate or substantially reduce the global availability of critical technologies to ,united ,states arms embargoed countries4 7c7 ,identification provisions 7#a7 ,identification of semiconductor manufacturing equipment1 design tools1 and related technical data ,not later than #ahj days after the date of the enactment of this ,act1 and on a periodic basis thereafter1 the ,secretary of ,commerce shall identify semiconductor manufacturing equipment1 design tools1 and related technical data that-- 7,a7 are not manufactured or produced in ,united ,states arms embargoed countries2 and 7,b7 are used to fabricate high-end semiconductor chips with feature sizes of #de nanometers and below that the ,secretary determines threaten the national security and foreign policy interests of the ,united ,states4 7#b7 ,identification of entities that fabricate semiconductor chips with feature sizes of #de nanometers and below ,not later than #ahj days after the date of the enactment of this ,act1 and on a periodic basis thereafter1 the ,secretary of ,commerce shall identify entities in ,united ,states arms embargoed countries that-- 7,a7 own or control semiconductor manufacturing equipment1 design tools1 and related technical data that are identified pursuant to paragraph 7#a72 and 7,b7 are required under the laws of ,united ,states arms embargoed countries to cooperate with the militaries of such countries relating to the use of such semiconductor manufacturing equipment1 design tools1 and related technical data to fabricate high-end semiconductor chips described in paragraph 7#a77;,b74 7#c7 ,industry consultation 7,a7 ,in general ,the ,president shall-- 7i7 inform and solicit input in writing from representatives of relevant ,united ,states industries in-- 7,i7 identifying semiconductor manufacturing equipment1 design tools1 and related technical data pursuant to paragraph 7#a72 and 7,,ii7 identifying entities pursuant to paragraph 7#b72 and 7ii7 submit to the appropriate congressional committees input received pursuant to clause 7i74 7,b7 ,disclosure of confidential information prohibited ,no such committee1 or member thereof1 may disclose any information made available under subparagraph 7,a77ii7 that is submitted on a confidential basis unless the committee determines that the withholding of that information is contrary to the national interest of the ,united ,states4 7d7 ,multilateral agreement 7#a7 ,in general ,the working group established pursuant to section #c7;b77#c77;,f7 shall1 as soon as practicable after the date of the enactment of this ,act1 seek to establish a multilateral agreement with covered ,united ,states allies and partners to develop unified export control policies to eliminate or substantially reduce the global availability of semiconductor manufacturing equipment1 design tools1 and related technical data identified pursuant to subsection 7c77#a7 to ,united ,states arms embargoed countries1 including entities in ,united ,states arms embargoed countries identified pursuant to subsection 7c77#b74 7#b7 ,actions after agreement implemented 7,a7 ,in general ,not later than #cj days after the date on which a multilateral agreement described in paragraph 7#a7 is implemented1 the ,secretary of ,commerce-- 7i7 shall exercise the authorities under the ,export ,control ,reform ,act of #bjah 7#ej ,u4,s4,c4 #dhja et seq47-- 7,i7 to include semiconductor manufacturing equipment1 design tools1 and related technical data with respect to which the agreement applies on the ,commerce ,control ,list2 and 7,,ii7 to presumptively disapprove any application for a license to export1 reexport1 or provide for an in-country transfer of such semiconductor manufacturing equipment1 design tools1 and related technical data to a ,united ,states arms embargoed country2 and 7ii7 shall include entities identified pursuant to the agreement on the ,entity ,list4 7,b7 ,annual meetings 7i7 ,in general ,the working group shall seek to meet on an annual basis with covered ,united ,states allies and partners that are parties to the agreement to-- 7,i7 exchange information to-- 7aa7 facilitate development of unified export control policies with respect to trends in technology that could pose risks to the national security of the ,united ,states and such other parties to the agreement2 and 7bb7 provide for the sharing of information with respect to specific technologies and entities acquiring such technologies as appropriate to address such risks to the national security of the ,united ,states and such other parties to the agreement2 7,,ii7 verify that all parties to the agreement are adhering to a common standard of controls and licensing and are otherwise in compliance with the terms of their commitments under the agreement2 7,,iii7 review the technology controls and licensing policies for semiconductor manufacturing equipment1 design tools1 and related technical data with respect to which the agreement applies and as necessary update such controls and licensing policies4 7ii7 ,industry consultation ,the ,president shall inform and solicit input in writing from representatives of relevant ,united ,states industries in advance of the meetings described in clause 7i74 7#c7 ,certification if agreement not implemented 7,a7 ,in general ,if a multilateral agreement described in paragraph 7#a7 is not implemented within #a year after the date of the enactment of this ,act1 the ,president shall certify to the appropriate congressional committees that it is not in the national security interest of the ,united ,states to-- 7i7 include semiconductor manufacturing equipment1 design tools1 and related technical data identified pursuant to subsection 7c77#a7 on the ,commerce ,control ,list2 and 7ii7 include entities identified pursuant to subsection 7c77#b7 on the ,entity ,list4 7,b7 ,actions if certification not made ,if the ,president is unable to make the certification described in subparagraph 7,a71 the ,president shall direct the ,secretary of ,commerce-- 7i7 to include semiconductor manufacturing equipment1 design tools1 and related technical data identified pursuant to subsection 7c77#a7 on the ,commerce ,control ,list2 and 7ii7 to include entities identified pursuant to subsection 7c77#b7 on the ,entity ,list4 #e4 ,critical ,technology ,export ,control ,fund 7a7 ,establishment ,there is established in the ,treasury of the ,united ,states a trust fund1 to be known as the ,critical ,technology ,export ,control ,fund 7in this section referred to as the ,fund71 consisting of-- 7#a7 amounts deposited into the ,fund under subsection 7b77#a72 and 7#b7 amounts that may be credited to the ,fund under subsection 7b77#b74 7b7 ,amounts 7#a7 ,authorization of appropriations ,there are authorized to be appropriated #b1jjj1jjj1jjj to be deposited in the ,fund for fiscal year #bjba4 7#b7 ,investment of amounts 7,a7 ,in general ,the ,secretary of the ,treasury shall invest such portion of the ,fund as is not required to meet current withdrawals in interest-bearing obligations of the ,united ,states or in obligations guaranteed as to both principal and interest by the ,united ,states4 7,b7 ,interest and proceeds ,the interest on1 and the proceeds from the sale or redemption of1 any obligations held in the ,fund shall be credited to and form a part of the ,fund4 7#c7 ,availability of amounts 7,a7 ,in general ,amounts in the ,fund shall remain available through the end of the #ajth fiscal year beginning after the date of the enactment of this ,act4 7,b7 ,remainder ,any amounts remaining in the ,fund after the end of the fiscal year described in subparagraph 7,a7 shall be deposited in the general fund of the ,treasury4 7c7 ,use of amounts 7#a7 ,in general ,the ,secretary of ,state1 in consultation with the working group established pursuant to section #c7;b77#c77;,f71 shall use amounts in the ,fund to carry out projects described in paragraph 7#b7 with one or more covered ,united ,states allies and partners that enter into an agreement with the ,secretary to develop a unified export control policy to eliminate or substantially reduce the global availability of a critical technology identified under section #c7;b77#c77;,a7 to ,united ,states arms embargoed countries4 7#b7 ,projects described ,the projects described in this paragraph are joint research and development projects carried out by the ,united ,states and the covered ,united ,states allies and partners to develop basic and applied research1 develop regulatory and enforcement capacity building1 expand production capacity1 and carry out other related activities with respect to the critical technology4 7#c7 ,rule of construction ,nothing in this section may be construed to authorize the use of amounts in the ,fund to carry out projects described in paragraph 7#b7 that may benefit directly or indirectly entities in ,united ,states arms embargoed countries 7d7 ,report by ,secretary of ,state ,not later than #a year after the date of the enactment of this ,act1 and annually thereafter for each fiscal year during which amounts in the ,fund are available under subsection 7b77#c71 the ,secretary of ,state shall submit to the appropriate congressional committees a report on the implementation of this section4 7e7 ,report by ,comptroller ,general ,not later than #b years after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to the appropriate congressional committees a report evaluating the effectiveness of the ,fund1 including-- 7#a7 the effectiveness of projects supported by the ,fund2 and 7#b7 an assessment of the merits of continuation of the ,fund4 #f4 ,sense of ,congress ,it is the sense of ,congress that the working group established pursuant to section #c7;b77#c77;,f7 should1 as soon as practicable after the date of the enactment of this ,act1 seek to establish a multilateral agreement with covered ,united ,states allies and partners to eliminate or substantially reduce the global availability of other critical technologies identified under section #c7;b77#c77;,a7 to ,united ,states arms embargoed countries4 #g4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,affairs and the ,committee on ,energy and ,commerce of the ,house of ,representatives2 and 7,b7 the ,committee on ,banking1 ,housing1 and ,urban ,affairs and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate4 7#b7 ,commerce ,control ,list ,the term ,commerce ,control ,list means the list set forth in ,supplement ,no4 #a to part #ggd of the ,export ,administration ,regulations4 7#c7 ,covered ,united ,states ally or partner ,the term covered ,united ,states ally or partner means a foreign country that-- 7,a7 is an ally or partner of the ,united ,states2 and 7,b7 7i7 produces1 designs1 tests1 manufactures1 fabricates1 or develops critical technologies2 or 7ii7 for purposes of section #d1 produces or manufactures semiconductor manufacturing equipment1 design tools1 and related technical data that-- 7,i7 are not manufactured or produced in ,united ,states arms embargoed countries2 and 7,,ii7 are used to fabricate high-end semiconductor chips with feature sizes of #de nanometers and below that the ,secretary of ,commerce determines threaten the national security and foreign policy interests of the ,united ,states2 and 7#d7 ,critical technologies ,the term critical technologies has the meaning given the term in section #gba7;a77#f7 of the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #defe7;a77#f772 and 7#e7 ,entity ,list ,the term ,entity ,list means the list maintained by the ,bureau of ,industry and ,security and set forth in ,supplement ,no4 #d to part #gdd of the ,export ,administration ,regulations4 7#f7 ,export ,administration ,regulations ,the term ,export ,administration ,regulations means subchapter ,c of chapter ,,vii of title #ae1 ,code of ,federal ,regulations4 7#g7 ,united ,states arms embargoed country ,the term ,united ,states arms embargoed country means a country-- 7,a7 identified in column ,d3#e of ,country ,group ,d in ,supplement ,no4 #a to part #gdj of the ,export ,administration ,regulations2 or 7,b7 determined to be a proscribed country pursuant to section #abf4a of title #bb1 ,code of ,federal ,regulations4