I 
116TH CONGRESS 
2D SESSION 
H. R. 8329 
To eliminate or substantially reduce the global availability of critical tech-
nologies to United States arms embargoed countries, and for other pur-
poses. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 21, 2020 
Mr. MCCAUL introduced the following bill; 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 
countries, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Revitalizing Multilat-
eral Export Control Diplomacy for Critical Technologies 
Act’’. 
SEC. 2. FINDINGS AND SENSE OF CONGRESS. 
(a) FINDINGS.—Congress finds the following: 
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(1) 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 tech-
nologies in order to achieve market dominance and 
control supply chains. 
(2) 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 sup-
port the development of their military. 
(3) These countries seek to obtain critical tech-
nologies from the United States and covered United 
States allies and partners. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the fast-paced nature of technological inno-
vation and the systemic diversion of technological in-
novation and know-how by United States arms em-
bargoed countries for the benefit of developing and 
enhancing their militaries, challenges the effective-
ness of existing multilateral fora established specifi-
cally to prevent such export control risks, such as 
the Wassenaar Arrangement; and 
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(2) 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 countries. 
SEC. 3. STRATEGY TO CONTROL THE AVAILABILITY OF 
CRITICAL TECHNOLOGIES. 
(a) STATEMENT OF POLICY.—It is the policy of the 
United States to— 
(1) work with covered United States allies and 
partners to develop unified export control policies to 
eliminate or substantially reduce the global avail-
ability of critical technologies to United States arms 
embargoed countries, including by— 
(A) leading regular and rapid bilateral and 
plurilateral negotiations with respect to specific 
critical technologies with different groupings of 
such allies and partners; 
(B) using policy instruments, including 
tax, investment, licensing, lending, and trade, to 
provide incentives to such allies and partners; 
and 
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(C) using, if necessary, existing authori-
ties, including trade remedies, the United 
States Munitions List, the Entity List, eco-
nomic sanctions, and other authorities available 
under the International Emergency Economic 
Powers Act (50 U.S.C. 1701 et seq.); 
(2) ensure critical technologies do not advance 
the economic strategies, industrial policy goals, or 
military capabilities of United States arms embar-
goed countries; 
(3) carry out joint research and development 
projects with covered United States allies and part-
ners, with adequate safeguards for the protection 
and promotion of any resulting intellectual property, 
to— 
(A) advance a broad range of scientific and 
technical disciplines, including with respect to 
critical technologies that may be affected by the 
implementation of the strategy required by sub-
section (b); and 
(B) develop alternative markets to com-
pensate for lost sales opportunities; and 
(4) enhance the sharing of information with 
covered United States allies and partners that have 
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entered into a multilateral export control agreement 
with the United States described in section 4(d). 
(b) STRATEGY.— 
(1) IN GENERAL.—The President, in consulta-
tion with the Secretary of Commerce, the Secretary 
of Defense, the Secretary of State, the Director of 
National Intelligence, the Secretary of the Treasury, 
and the Secretary of Energy, shall develop a strat-
egy to work with covered United States allies and 
partners to develop unified export control policies to 
eliminate or substantially reduce the global avail-
ability of critical technologies to United States arms 
embargoed countries. 
(2) INDUSTRY CONSULTATION.— 
(A) IN GENERAL.—The President shall— 
(i) inform and solicit input in writing 
from representatives of relevant United 
States industries in developing the strategy 
required by paragraph (1); and 
(ii) submit to the appropriate congres-
sional committees input received pursuant 
to clause (i). 
(B) DISCLOSURE
OF
CONFIDENTIAL
IN-
FORMATION PROHIBITED.—No such committee, 
or member thereof, may disclose any informa-
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and partners to develop unified export control 
policies in accordance with the United States 
policy described in subsection (a). 
(E) An assessment of the effectiveness and 
methods of past efforts by United States arms 
embargoed countries to circumvent export con-
trol policies relating to critical technologies 
identified under subparagraph (A). 
(F) The establishment of a working group, 
to include appropriate representatives from the 
Department of Commerce, the Department of 
Defense, the Department of State, the Office of 
the Director of National Intelligence, the De-
partment of the Treasury, the Department of 
Energy, and other relevant Federal agencies, to 
implement the strategy. 
(c) REPORT.— 
(1) IN
GENERAL.—Not later than 120 days 
after the date of the enactment of this Act, and an-
nually thereafter for 4 years, the President shall 
submit to the appropriate congressional committees 
a report in writing that contains— 
(A) the strategy required by subsection 
(b); and 
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(B) a summary of input solicited and re-
ceived from representatives of relevant United 
States industries in developing the strategy re-
quired by subsection (b). 
(2) FORM.—The report required by this sub-
section shall— 
(A) be submitted in unclassified form but 
may contain a classified annex; and 
(B) be made available on a publicly acces-
sible government website. 
SEC. 4. ACTIONS TO SECURE THE GLOBAL SEMICON-
DUCTOR SUPPLY CHAIN. 
(a) FINDING.—Congress finds that, according to the 
Second Quarter Recommendations of the congressionally- 
established National Security Commission on Artificial In-
telligence, high-end semiconductor chips with feature sizes 
45 nanometers and below are the most useful for advanced 
artificial intelligence capabilities. 
(b) STATEMENT OF POLICY.—It is the policy of the 
United States— 
(1) 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 countries; 
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(2) to ensure United States semiconductor 
manufacturing equipment, design tools, and tech-
nical data are not made available to United States 
arms embargoed countries in achieving their indus-
trial policy goals that threaten United States na-
tional security interests; and 
(3) to proceed expeditiously in diplomatic ef-
forts with covered United States allies and partners 
to develop unified export control policies to eliminate 
or substantially reduce the global availability of crit-
ical technologies to United States arms embargoed 
countries. 
(c) IDENTIFICATION PROVISIONS.— 
(1) IDENTIFICATION OF SEMICONDUCTOR MAN-
UFACTURING EQUIPMENT, DESIGN TOOLS, AND RE-
LATED TECHNICAL DATA.—Not later than 180 days 
after the date of the enactment of this Act, and on 
a periodic basis thereafter, the Secretary of Com-
merce shall identify semiconductor manufacturing 
equipment, design tools, and related technical data 
that— 
(A) are not manufactured or produced in 
United States arms embargoed countries; and 
(B) are used to fabricate high-end semi-
conductor chips with feature sizes of 45 nano-
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meters and below that the Secretary determines 
threaten the national security and foreign policy 
interests of the United States. 
(2) IDENTIFICATION OF ENTITIES THAT FAB-
RICATE
SEMICONDUCTOR
CHIPS
WITH
FEATURE 
SIZES OF 45 NANOMETERS AND BELOW.—Not later 
than 180 days after the date of the enactment of 
this Act, and on a periodic basis thereafter, the Sec-
retary of Commerce shall identify entities in United 
States arms embargoed countries that— 
(A) own or control semiconductor manu-
facturing equipment, design tools, and related 
technical data that are identified pursuant to 
paragraph (1); and 
(B) 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 
equipment, design tools, and related technical 
data to fabricate high-end semiconductor chips 
described in paragraph (1)(B). 
(3) INDUSTRY CONSULTATION.— 
(A) IN GENERAL.—The President shall— 
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(i) inform and solicit input in writing 
from representatives of relevant United 
States industries in— 
(I) 
identifying 
semiconductor 
manufacturing 
equipment, 
design 
tools, and related technical data pur-
suant to paragraph (1); and 
(II) identifying entities pursuant 
to paragraph (2); and 
(ii) submit to the appropriate congres-
sional committees input received pursuant 
to clause (i). 
(B) DISCLOSURE
OF
CONFIDENTIAL
IN-
FORMATION PROHIBITED.—No such committee, 
or member thereof, may disclose any informa-
tion made available under subparagraph (A)(ii) 
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 States. 
(d) MULTILATERAL AGREEMENT.— 
(1) IN GENERAL.—The working group estab-
lished pursuant to section 3(b)(3)(F) shall, as soon 
as practicable after the date of the enactment of this 
Act, seek to establish a multilateral agreement with 
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covered United States allies and partners to develop 
unified export control policies to eliminate or sub-
stantially reduce the global availability of semicon-
ductor manufacturing equipment, design tools, and 
related technical data identified pursuant to sub-
section (c)(1) to United States arms embargoed 
countries, including entities in United States arms 
embargoed countries identified pursuant to sub-
section (c)(2). 
(2) 
ACTIONS
AFTER
AGREEMENT
IMPLE-
MENTED.— 
(A) IN GENERAL.—Not later than 30 days 
after the date on which a multilateral agree-
ment described in paragraph (1) is imple-
mented, the Secretary of Commerce— 
(i) shall exercise the authorities under 
the Export Control Reform Act of 2018 
(50 U.S.C. 4801 et seq.)— 
(I) 
to 
include 
semiconductor 
manufacturing 
equipment, 
design 
tools, and related technical data with 
respect to which the agreement ap-
plies on the Commerce Control List; 
and 
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(II) to presumptively disapprove 
any application for a license to export, 
reexport, or provide for an in-country 
transfer of such semiconductor manu-
facturing equipment, design tools, and 
related technical data to a United 
States arms embargoed country; and 
(ii) shall include entities identified 
pursuant to the agreement on the Entity 
List. 
(B) ANNUAL MEETINGS.— 
(i) 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— 
(I) exchange information to— 
(aa) facilitate development 
of unified export control policies 
with respect to trends in tech-
nology that could pose risks to 
the national security of the 
United States and such other 
parties to the agreement; and 
(bb) provide for the sharing 
of information with respect to 
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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 agreement; 
(II) 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 
agreement; 
(III) review the technology con-
trols and licensing policies for semi-
conductor manufacturing equipment, 
design tools, and related technical 
data with respect to which the agree-
ment applies and as necessary update 
such controls and licensing policies. 
(ii) 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 (i). 
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(3) CERTIFICATION IF AGREEMENT NOT IMPLE-
MENTED.— 
(A) IN GENERAL.—If a multilateral agree-
ment described in paragraph (1) is not imple-
mented within 1 year after the date of the en-
actment of this Act, the President shall certify 
to the appropriate congressional committees 
that it is not in the national security interest of 
the United States to— 
(i) include semiconductor manufac-
turing equipment, design tools, and related 
technical data identified pursuant to sub-
section (c)(1) on the Commerce Control 
List; and 
(ii) include entities identified pursuant 
to subsection (c)(2) on the Entity List. 
(B) ACTIONS
IF
CERTIFICATION
NOT 
MADE.—If the President is unable to make the 
certification described in subparagraph (A), the 
President shall direct the Secretary of Com-
merce— 
(i) to include semiconductor manufac-
turing equipment, design tools, and related 
technical data identified pursuant to sub-
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section (c)(1) on the Commerce Control 
List; and 
(ii) to include entities identified pur-
suant to subsection (c)(2) on the Entity 
List. 
SEC. 5. CRITICAL TECHNOLOGY EXPORT CONTROL FUND. 
(a) ESTABLISHMENT.—There is established in the 
Treasury of the United States a trust fund, to be known 
as the ‘‘Critical Technology Export Control Fund’’ (in this 
section referred to as the ‘‘Fund’’), consisting of— 
(1) amounts deposited into the Fund under 
subsection (b)(1); and 
(2) amounts that may be credited to the Fund 
under subsection (b)(2). 
(b) AMOUNTS.— 
(1) AUTHORIZATION
OF
APPROPRIATIONS.— 
There 
are 
authorized 
to 
be 
appropriated 
$2,000,000,000 to be deposited in the Fund for fis-
cal year 2021. 
(2) INVESTMENT OF AMOUNTS.— 
(A) 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 
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States or in obligations guaranteed as to both 
principal and interest by the United States. 
(B) INTEREST AND PROCEEDS.—The in-
terest on, and the proceeds from the sale or re-
demption of, any obligations held in the Fund 
shall be credited to and form a part of the 
Fund. 
(3) AVAILABILITY OF AMOUNTS.— 
(A) IN GENERAL.—Amounts in the Fund 
shall remain available through the end of the 
10th fiscal year beginning after the date of the 
enactment of this Act. 
(B) REMAINDER.—Any amounts remaining 
in the Fund after the end of the fiscal year de-
scribed in subparagraph (A) shall be deposited 
in the general fund of the Treasury. 
(c) USE OF AMOUNTS.— 
(1) IN GENERAL.—The Secretary of State, in 
consultation with the working group established pur-
suant to section 3(b)(3)(F), shall use amounts in the 
Fund to carry out projects described in paragraph 
(2) 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 avail-
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ability of a critical technology identified under sec-
tion 3(b)(3)(A) to United States arms embargoed 
countries. 
(2) PROJECTS DESCRIBED.—The projects de-
scribed in this paragraph are joint research and de-
velopment projects carried out by the United States 
and the covered United States allies and partners to 
develop basic and applied research, develop regu-
latory and enforcement capacity building, expand 
production capacity, and carry out other related ac-
tivities with respect to the critical technology. 
(3) 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 (2) that may benefit directly or indi-
rectly entities in United States arms embargoed 
countries 
(d) REPORT BY SECRETARY OF STATE.—Not later 
than 1 year after the date of the enactment of this Act, 
and annually thereafter for each fiscal year during which 
amounts in the Fund are available under subsection 
(b)(3), the Secretary of State shall submit to the appro-
priate congressional committees a report on the implemen-
tation of this section. 
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(e) REPORT BY COMPTROLLER GENERAL.—Not later 
than 2 years after the date of the enactment of this Act, 
the Comptroller General of the United States shall submit 
to the appropriate congressional committees a report eval-
uating the effectiveness of the Fund, including— 
(1) the effectiveness of projects supported by 
the Fund; and 
(2) an assessment of the merits of continuation 
of the Fund. 
SEC. 6. SENSE OF CONGRESS. 
It is the sense of Congress that the working group 
established pursuant to section 3(b)(3)(F) should, as soon 
as practicable after the date of the enactment of this Act, 
seek to establish a multilateral agreement with covered 
United States allies and partners to eliminate or substan-
tially reduce the global availability of other critical tech-
nologies identified under section 3(b)(3)(A) to United 
States arms embargoed countries. 
SEC. 7. DEFINITIONS. 
In this Act: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
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(A) the Committee on Foreign Affairs and 
the Committee on Energy and Commerce of the 
House of Representatives; and 
(B) the Committee on Banking, Housing, 
and Urban Affairs and the Committee on Com-
merce, Science, and Transportation of the Sen-
ate. 
(2) COMMERCE
CONTROL
LIST.—The term 
‘‘Commerce Control List’’ means the list set forth in 
Supplement No. 1 to part 774 of the Export Admin-
istration Regulations. 
(3) COVERED UNITED STATES ALLY OR PART-
NER.—The term ‘‘covered United States ally or 
partner’’ means a foreign country that— 
(A) is an ally or partner of the United 
States; and 
(B)(i) produces, designs, tests, manufac-
tures, fabricates, or develops critical tech-
nologies; or 
(ii) for purposes of section 4, produces or 
manufactures 
semiconductor 
manufacturing 
equipment, design tools, and related technical 
data that— 
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(I) are not manufactured or produced 
in United States arms embargoed coun-
tries; and 
(II) are used to fabricate high-end 
semiconductor chips with feature sizes of 
45 nanometers and below that the Sec-
retary of Commerce determines threaten 
the national security and foreign policy in-
terests of the United States; and 
(4) CRITICAL TECHNOLOGIES.—The term ‘‘crit-
ical technologies’’ has the meaning given the term in 
section 721(a)(6) of the Defense Production Act of 
1950 (50 U.S.C. 4565(a)(6)); and 
(5) ENTITY
LIST.—The term ‘‘Entity List’’ 
means the list maintained by the Bureau of Industry 
and Security and set forth in Supplement No. 4 to 
part 744 of the Export Administration Regulations. 
(6) EXPORT ADMINISTRATION REGULATIONS.— 
The term ‘‘Export Administration Regulations’’ 
means subchapter C of chapter VII of title 15, Code 
of Federal Regulations. 
(7) UNITED STATES ARMS EMBARGOED COUN-
TRY.—The term ‘‘United States arms embargoed 
country’’ means a country— 
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(A) identified in column D:5 of Country 
Group D in Supplement No. 1 to part 740 of 
the Export Administration Regulations; or 
(B) determined to be a proscribed country 
pursuant to section 126.1 of title 22, Code of 
Federal Regulations. 
Æ 
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