§ 19221. Strategy and report on the nation’s eco-
nomic security, science, research, and inno-
vation to support the national security strat-
egy
(a) Definitions
In this section:
(1) Foreign country of concern
The term ‘‘foreign country of concern’’
means the People’s Republic of China, the
Democratic People’s Republic of Korea, the
Russian Federation, the Islamic Republic of
Iran, or any other country determined to be a
country of concern by the Department of
State.
(2) Foreign entity of concern
The term ‘‘foreign entity of concern’’ means
a foreign entity that is—
(A) designated as a foreign terrorist orga-
nization by the Secretary of State under sec-
tion 1189(a) of title 8;
(B) included on the list of specially des-
ignated nationals and blocked persons main-
tained by the Office of Foreign Assets Con-
trol of the Department of the Treasury
(commonly known as the SDN list);
(C) owned by, controlled by, or subject to
the jurisdiction or direction of a government
of a foreign country that is a covered nation
(as such term is defined in section 4872 of
title 10);
(D) alleged by the Attorney General to
have been involved in activities for which a
conviction was obtained under—
(i) chapter 37 of title 18 (commonly
known as the Espionage Act);
(ii) section 951 or 1030 of title 18;
(iii) chapter 90 of title 18 (commonly
known as the Economic Espionage Act of
1996);
(iv) the Arms Export Control Act (22
U.S.C. 2751 et seq.);
(v) section 2274, 2275, 2276, 2277, or 2284 of
this title;
(vi) the Export Control Reform Act of
2018 (50 U.S.C. 4801 et seq.); or
(vii) the International Emergency Eco-
nomic Powers Act (50 U.S.C. 1701 et seq.);
or
(E) determined by the Secretary of Com-
merce, in consultation with the Secretary of
Defense and the
File SHA-256: c20ff3fb1c871f223af82ba1e0eb2ec41d2a2d714104d11e1679d1c570e0003c. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. This page displays the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Stable record: federal_law:legal_authorities:uscode2024_196bbf156e9b8d70a0a19fb9 Source file: Laws/federal/codes/united-states-code-2024/title-42/section-19221-strategy-and-report-on-the-nations-eco--40b446fc3f.md Pages: Not recorded – Not recorded Passage SHA-256: 9ff53d0aaa1cf2c4009896db3ccdd8737900b9b63eacc0876e14898168379d4b Retained source evidence SHA-256: c20ff3fb1c871f223af82ba1e0eb2ec41d2a2d714104d11e1679d1c570e0003c
Page 9334
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 19221
from among citizens, nationals, and lawfully ad-
mitted permanent resident aliens of the United
States.
(c) Outreach
The Director of the National Science Founda-
tion shall conduct program outreach to recruit
fellowship applicants—
(1) from all regions of the country;
(2) from historically underrepresented popu-
lations in the fields of science, technology, en-
gineering, and mathematics; and
(3) who graduate from or intend to carry out
research at a variety of types of institutions of
higher education, including—
(A) historically Black colleges and univer-
sities;
(B) Tribal Colleges and Universities;
(C) minority-serving institutions;
(D) institutions of higher education that
are not among the top 50 institutions in an-
nual Federal funding for research; and
(E) EPSCoR institutions.
(d) Special consideration
The Director of the National Science Founda-
tion shall give special consideration and priority
to an application from an individual who grad-
uated from or is intending to carry out research
at an institution of the type specified in sub-
section (c)(3).
(e) Reports from fellows
Not later than 180 days after the end of the
pilot program under this section, each early-ca-
reer investigator who receives an award under
the pilot program shall submit to the Director
of the National Science Foundation a report
that describes how the early-career investigator
used the award funds.
(f) Report from the Director
Not later than 90 days after the conclusion of
the second year of the pilot program, the Direc-
tor of the National Science Foundation shall
submit to Congress a report that includes the
following:
(1) A summary of the uses of award funds
under this section and the impact of the pilot
program under this section.
(2) Statistical summary data on fellowship
awardees disaggregated by race, ethnicity,
sex, geography, age, years since completion of
doctoral degree, and institution type.
(3) If determined effective, a plan for perma-
nent implementation of the pilot program.
(Pub. L. 117–167, div. B, title VI, § 10601, Aug. 9,
2022, 136 Stat. 1632.)
PART B—NATIONAL SCIENCE AND TECHNOLOGY
STRATEGY
§ 19221. Strategy and report on the nation’s eco-
nomic security, science, research, and inno-
vation to support the national security strat-
egy
(a) Definitions
In this section:
(1) Foreign country of concern
The term ‘‘foreign country of concern’’
means the People’s Republic of China, the
Democratic People’s Republic of Korea, the
Russian Federation, the Islamic Republic of
Iran, or any other country determined to be a
country of concern by the Department of
State.
(2) Foreign entity of concern
The term ‘‘foreign entity of concern’’ means
a foreign entity that is—
(A) designated as a foreign terrorist orga-
nization by the Secretary of State under sec-
tion 1189(a) of title 8;
(B) included on the list of specially des-
ignated nationals and blocked persons main-
tained by the Office of Foreign Assets Con-
trol of the Department of the Treasury
(commonly known as the SDN list);
(C) owned by, controlled by, or subject to
the jurisdiction or direction of a government
of a foreign country that is a covered nation
(as such term is defined in section 4872 of
title 10);
(D) alleged by the Attorney General to
have been involved in activities for which a
conviction was obtained under—
(i) chapter 37 of title 18 (commonly
known as the Espionage Act);
(ii) section 951 or 1030 of title 18;
(iii) chapter 90 of title 18 (commonly
known as the Economic Espionage Act of
1996);
(iv) the Arms Export Control Act (22
U.S.C. 2751 et seq.);
(v) section 2274, 2275, 2276, 2277, or 2284 of
this title;
(vi) the Export Control Reform Act of
2018 (50 U.S.C. 4801 et seq.); or
(vii) the International Emergency Eco-
nomic Powers Act (50 U.S.C. 1701 et seq.);
or
(E) determined by the Secretary of Com-
merce, in consultation with the Secretary of
Defense and the Director of National Intel-
ligence, to be engaged in unauthorized con-
duct that is detrimental to the national se-
curity or foreign policy of the United States.
(3) National security strategy
The
term
‘‘national
security
strategy’’
means the national security strategy required
under section 3043 of title 50.
(b) Strategy and report
(1) In general
Not later than 90 days after the transmission
of each national security strategy under sec-
tion 3043(a) of title 50, the President, acting
through the Director of the Office of Science
and Technology Policy, shall, in coordination
with the National Science and Technology
Council, the National Security Council, the
Director of the National Economic Council,
and the heads of such other relevant Federal
agencies as the Director of the Office of
Science and Technology Policy considers ap-
propriate and in consultation with such non-
governmental partners as the Director of the
Office of Science and Technology Policy con-
siders appropriate—
(A) review such strategy, including the na-
tional defense strategy under subsection (g)
Page 9335
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 19221
of section 113 of title 10 and the national
science and technology strategy under sec-
tion 6615 of this title, programs, and re-
sources as the Director of the Office of
Science and Technology Policy determines
pertain to United States’ national competi-
tiveness in science, technology, research, in-
novation, and technology transfer activities,
including patenting and licensing, that sup-
port the national security strategy;
(B) develop or revise a national strategy to
improve the national competitiveness of
United States science, technology, research,
and innovation to support the national secu-
rity strategy; and
(C) submit to Congress—
(i) a report on the findings of the Direc-
tor of the Office of Science and Technology
Policy with respect to the review con-
ducted pursuant to subparagraph (A); and
(ii) the strategy developed or revised
pursuant to subparagraph (B).
(2) Termination
This subsection terminates on the date that
is 5 years after August 9, 2022.
(c) Elements
(1) Report
Each report submitted under subsection
(b)(1)(C)(i) shall include the following:
(A) An assessment of the efforts of the
United
States
Government
to
preserve
United States leadership in key emerging
technologies and prevent United States stra-
tegic competitors from leveraging advanced
technologies to gain strategic military or
economic
advantages
over
the
United
States.
(B) An assessment of public and private in-
vestment in science and technology relevant
to national security purposes, and the impli-
cations of such for the geostrategic position
of the United States.
(C) A description of the prioritized eco-
nomic security interests and objectives.
(D) An assessment of global trends in
science and technology, including potential
threats to the national security of the
United States in science and technology.
(E) An assessment of the national debt and
its implications for the economic and na-
tional security of the United States.
(F) An assessment of how regional innova-
tion capacity efforts in STEM fields are con-
tributing and could contribute to the na-
tional security the United States, including
programs run by State and local govern-
ments.
(G) An assessment of the following:
(i) Workforce needs for competitiveness
in technology areas identified in the na-
tional security strategy.
(ii) Any efforts needed to expand path-
ways into technology fields to achieve the
goals of the national security strategy.
(H) An assessment of barriers to the devel-
opment, evolution, or competitiveness of
start-ups, small and mid-sized business enti-
ties, and industries that are critical to na-
tional security.
(I) An assessment of the effectiveness of
the Federal Government, federally funded
research and development centers, and na-
tional laboratories in supporting and pro-
moting the technology commercialization
and technology transfer of technologies crit-
ical to national security.
(J) An assessment of manufacturing capac-
ity, logistics, and supply chain dynamics of
major export sectors that are critical to na-
tional security, including access to a skilled
workforce,
physical
infrastructure,
and
broadband network infrastructure.
(K) An assessment of how the Federal Gov-
ernment is increasing the participation of
underrepresented populations in science, re-
search, innovation, and manufacturing.
(L) An assessment of public-private part-
nerships in technology commercialization in
support of national security, including—
(i) the structure of current defense tech-
nology research and commercialization ar-
rangements with regard to public-private
partnerships; and
(ii) the extent to which intellectual
property developed with Federal defense
funding—
(I) is being used to manufacture in the
United States rather than in other coun-
tries; and
(II) is being used by foreign business
entities that are majority owned or con-
trolled (as such term is defined in sec-
tion 800.208 of title 31, Code of Federal
Regulations, or a successor regulation),
or minority owned greater than 25 per-
cent by—
(aa) any governmental organization
of a foreign country of concern; or
(bb) any other entity that is—
(AA) known to be owned or con-
trolled by any governmental organi-
zation of a foreign country of con-
cern; or
(BB) organized under, or otherwise
subject to, the laws of a foreign
country of concern.
(M) Recommendations to enhance the abil-
ity of the Federal Government to recruit
into Federal service and retain in such serv-
ice individuals with critical skills relevant
to national security.
(N) Recommendations for policies to pro-
tect United States leadership and the allies
of the United States in critical areas rel-
evant to national security through targeted
export controls, investment screening, and
counterintelligence activities.
(O) Informed by the interagency process
established under section 1758 of the Export
Control Reform Act of 2018 [50 U.S.C. 4817], a
technology annex, which may be classified,
describing an integrated and enduring ap-
proach to the identification, prioritization,
development, and fielding of emerging tech-
nologies relevant to national security.
(2) Strategy
Each strategy submitted under subsection
(b)(1)(C)(ii) shall, to the extent practicable, in-
clude the following:
Page 9336
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 19221
(A) A plan to utilize available tools to ad-
dress or minimize the leading threats and
challenges and to take advantage of the
leading opportunities, particularly in re-
gards to technologies central to inter-
national competition in science and tech-
nology relevant to national security pur-
poses, including the following:
(i) Specific objectives, tasks, metrics,
and milestones for each relevant Federal
agency.
(ii) Strategic objectives and priorities
necessary to maintain the leadership of
the United States in science and tech-
nology relevant to national security pur-
poses, including near-term, medium-term,
and long-term research priorities.
(iii) Specific plans to safeguard research
and technology funded, as appropriate, in
whole or in part, by the Federal Govern-
ment, including in technologies critical to
national
security,
from
theft
or
exfiltration by foreign entities of concern.
(iv) Specific plans to support public and
private sector investment in research,
technology development, education and
workforce
development,
and
domestic
manufacturing supportive of the national
security of the United States and to foster
the use of public-private partnerships.
(v) A description of the following:
(I) How the strategy submitted under
subsection (b)(1)(C)(ii) supports the na-
tional security strategy.
(II) How the strategy submitted under
such subsection is integrated and coordi-
nated with the most recent—
(aa) national defense strategy under
subsection (g) of section 113 of title 10;
and
(bb) national science and technology
strategy under section 6615 of this
title.
(vi) A plan to encourage the govern-
ments of countries that are allies or part-
ners of the United States to cooperate
with the execution of such strategy, where
appropriate.
(vii) A plan for strengthening the indus-
trial base of the United States.
(viii) A plan to remove or update overly
burdensome or outdated Federal regula-
tions, as appropriate.
(ix) A plan—
(I) to further incentivize industry par-
ticipation in public-private partnerships
for the purposes of accelerating tech-
nology research and commercialization
in support of national security, including
alternate ways of accounting for in-kind
contributions and valuing partially man-
ufactured products;
(II) to ensure that intellectual prop-
erty developed with Federal funding is
commercialized in the United States;
and
(III) to ensure, to the maximum appro-
priate extent, that intellectual property
developed with Federal funding is not
being used by foreign business entities
that are majority owned or controlled
(as such term is defined in section 800.208
of title 31, Code of Federal Regulations,
or a successor regulation), or minority
owned greater than 25 percent by—
(aa) any governmental organization
of a foreign country of concern; or
(bb) any other entity that is—
(AA) known to be owned or con-
trolled by any governmental organi-
zation of a foreign country of con-
cern; or
(BB) organized under, or otherwise
subject to, the laws of a foreign
country of concern.
(x) An identification of additional re-
sources, administrative action, or legisla-
tive action recommended to assist with
the implementation of such strategy.
(d) Research and development funding
The Director of the Office of Science and Tech-
nology Policy shall, as the Director of the Office
of Science and Technology Policy considers nec-
essary, consult with the Director of the Office of
Management and Budget and with the heads of
such other elements of the Executive Office of
the President as the Director of the Office of
Science and Technology Policy considers appro-
priate to ensure the recommendations and prior-
ities with respect to research and development
funding relevant to national security, as ex-
pressed in the most recent report and strategy
submitted under subsection (b)(1)(C) are incor-
porated into the development of annual budget
requests for Federal research agencies.
(e) Publication
The Director of the Office of Science and Tech-
nology Policy shall, consistent with the protec-
tion of national security and other sensitive
matters and to the maximum extent prac-
ticable, make each report submitted under sub-
section (b)(1)(C)(i) publicly available on an
internet website of the Office of Science and
Technology Policy. Each such report may in-
clude a classified annex if the Director of the Of-
fice of Science and Technology Policy deter-
mines such is appropriate.
(Pub. L. 117–167, div. B, title VI, § 10612, Aug. 9,
2022, 136 Stat. 1635.)
Editorial Notes
REFERENCES IN TEXT
The Arms Export Control Act, referred to in subsec.
(a)(2)(D)(iv), is Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1320,
which is classified principally to chapter 39 (§ 2751 et
seq.) of Title 22, Foreign Relations and Intercourse. For
complete classification of this Act to the Code, see
Short Title note set out under section 2751 of Title 22
and Tables.
The Export Control Reform Act of 2018, referred to in
subsec. (a)(2)(D)(vi), is subtitle B (§§ 1741–1781) of title
XVII of div. A of Pub. L. 115–232, Aug. 13, 2018, 132 Stat.
2208, which is classified principally to chapter 58 (§ 4801
et seq.) of Title 50, War and National Defense. For com-
plete classification of this Act to the Code, see Short
Title note set out under section 4801 of Title 50 and Ta-
bles.
The International Emergency Economic Powers Act,
referred to in subsec. (a)(2)(D)(vii), is title II of Pub. L.
95–223, Dec. 28, 1977, 91 Stat. 1626, which is classified
generally to chapter 35 (§ 1701 et seq.) of Title 50, War
Page 9337
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 19222
and National Defense. For complete classification of
this Act to the Code, see Short Title note set out under
section 1701 of Title 50 and Tables.
§ 19222.
National
research
and
development
strategy for distributed ledger technology
(a) Definitions
In this section:
(1) Director
Except as otherwise expressly provided, the
term ‘‘Director’’ means the Director of the Of-
fice of Science and Technology Policy.
(2) Distributed ledger
The term ‘‘distributed ledger’’ means a ledg-
er that—
(A) is shared across a set of distributed
nodes, which are devices or processes, that
participate in a network and store a com-
plete or partial replica of the ledger;
(B) is synchronized between the nodes;
(C) has data appended to it by following
the ledger’s specified consensus mechanism;
(D) may be accessible to anyone (public) or
restricted to a subset of participants (pri-
vate); and
(E) may require participants to have au-
thorization to perform certain actions (en-
gaging)
or
require
no
authorization
(permissionless).
(3) Distributed ledger technology
The term ‘‘distributed ledger technology’’
means technology that enables the operation
and use of distributed ledgers.
(4) Institution of higher education
The term ‘‘institution of higher education’’
has the meaning given the term in section 1001
of title 20.
(5) Relevant congressional committees
The term ‘‘relevant congressional commit-
tees’’ means—
(A) the Committee on Commerce, Science,
and Transportation of the Senate; and
(B) the Committee on Science, Space, and
Technology of the House of Representatives.
(6) Smart contract
The term ‘‘smart contract’’ means a com-
puter program stored in a distributed ledger
system
that
is
executed
when
certain
predefined conditions are satisfied and where-
in the outcome of any execution of the pro-
gram may be recorded on the distributed ledg-
er.
(b) National distributed ledger technology re-
search and development strategy
(1) In general
The Director, or a designee of the Director,
shall, in coordination with the National
Science and Technology Council, and the
heads of such other relevant Federal agencies
and entities as the Director considers appro-
priate, which may include the National Acad-
emies, and in consultation with such non-
governmental entities as the Director con-
siders appropriate, develop a national strategy
for the research and development of distrib-
uted ledger technologies and their applica-
tions, including applications of public and
permissionless distributed ledgers. In devel-
oping the national strategy, the Director shall
consider the following:
(A) Current efforts and coordination by
Federal agencies to invest in the research
and development of distributed ledger tech-
nologies and their applications, including
through programs like the Small Business
Innovation Research program, the Small
Business Technology Transfer program, and
the National Science Foundation’s Innova-
tion Corps programs.
(B)(i) The potential benefits and risks of
applications
of
distributed
ledger
tech-
nologies across different industry sectors,
including their potential to—
(I) lower transactions costs and facili-
tate new types of commercial trans-
actions;
(II) protect privacy and increase individ-
uals’ data sovereignty;
(III) reduce friction to the interoper-
ability of digital systems;
(IV)
increase
the
accessibility,
auditability,
security,
efficiency,
and
transparency of digital services;
(V) increase market competition in the
provision of digital services;
(VI) enable dynamic contracting and
contract execution through smart con-
tracts;
(VII) enable participants to collaborate
in trustless and disintermediated environ-
ments;
(VIII) enable the operations and govern-
ance of distributed organizations;
(IX) create new ownership models for
digital items; and
(X) increase participation of populations
historically underrepresented in the tech-
nology, business, and financial sectors.
(ii) In consideration of the potential risks
of applications of distributed ledger tech-
nologies under clause (i), the Director shall
take into account, where applicable—
(I) additional risks that may emerge
from distributed ledger technologies, as
identified in reports submitted to the
President pursuant to Executive Order
14067, that may be addressed by research
and development;
(II) software vulnerabilities in distrib-
uted ledger technologies and smart con-
tracts;
(III) limited consumer literacy on engag-
ing with applications of distributed ledger
technologies in a secure way;
(IV) the use of distributed ledger tech-
nologies in illicit finance and their use in
combating illicit finance;
(V) manipulative, deceptive, and fraudu-
lent practices that harm consumers engag-
ing with applications of distributed ledger
technologies;
(VI) the implications of different con-
sensus mechanisms for digital ledgers and
governance
and
accountability
mecha-
nisms for applications of distributed ledger
technologies, which may include decen-
tralized networks;
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
As declared by the Congress in the Arms Control and Disarmament Act [[22 U.S.C. 2551](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2551&num=0&edition=prelim) et seq.], an ultimate goal of the United States continues to be a world which is free from the scourge of war and the dangers and burdens of armaments; in which the use of force has been subordinated to the rule of law; and in which international adjustments to a changing world are achieved peacefully. In furtherance of that goal, it remains the policy of the United States to encourage regional arms control and disarmament agreements and to discourage arms races.
Stored review status: release_metadata_unconfirmed. The source passage cites 22 U.S.C. § 2751. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 2751. Need for international defense coopera-
tion and military export controls; Presi-
dential waiver; report to Congress; arms
sales policy
As declared by the Congress in the Arms Con-
trol and Disarmament Act [22 U.S.C. 2551 et
seq.], an ultimate goal of the United States con-
tinues to be a world which is free from the
scourge of war and the dangers and burdens of
armaments; in which the use of force has been
subordinated to the rule of law; and in which
international adjustments to a changing world
are achieved peacefully. In furtherance of that
goal, it remains the policy of the United States
to encourage regional arms control and disar-
mament agreements and to discourage arms
races.
The Congress recognizes, however, that the
United States and other free and independent
countries continue to have valid requirements
for effective and mutually beneficial defense re-
lationships in order to maintain and foster the
environment of international peace and security
essential to social, economic, and political
progress. Because of the growing cost and com-
plexity of defense equipment, it is increasingly
difficult and uneconomic for any country, par-
ticularly a developing country, to fill all of its
legitimate defense requirements from its own
design and production base. The need for inter-
national defense cooperation among the United
States and those friendly countries to which it
is allied by mutual defense treaties is especially
important, since the effectiveness of their armed
Page 1186
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2751
forces to act in concert to deter or defeat ag-
gression is directly related to the operational
compatibility of their defense equipment.
Accordingly, it remains the policy of the
United States to faci
Stored review status: historical_2024_not_currentness_verified. The source passage cites 22 U.S.C. § 2751. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Director of the National Science Foundation may establish a 2-year pilot program to make awards to highly qualified early-career investigators to carry out an independent research program at the institution of higher education or participating Federal research facility chosen by such investigator, to last for a period not greater than two years.
**(b) Selection process** The Director of the National Science Foundation shall select recipients under subsection (a) from among citizens, nationals, and lawfully admitted permanent resident aliens of the United States.
**(c) Outreach** The Director of the National Science Foundation shall conduct program outreach to recruit fellowship applicants—
(1) from all regions of the country;
(2) from historically underrepresented populations in the fields of science, technology, engineering, and mathematics; and
(3) who graduate from or intend to carry out research at a variety of types of institutions of higher education, including—
(A) historically Black colleges and universities;
(B) Tribal Colleges and Universities;
(C) minority-serving institutions;
(D) institutions of higher education that are not among the top 50 institutions in annual Federal funding for research; and
(E) EPSCoR institutions.
**(d) Special consideration** The Director of the National Science Foundation shall give special consideration and priority to an application from an individual who graduated from or is intending to carry out research at an institution of the type specified in subsection (c)(3).
**(e) Reports from fellows** Not later than 180 days after the end of the pilot program under this section, each early-career investigator who receives an award under the pilot program shall submit to the Director of the
**(a)** Any authority granted to the President by [section 1702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1702&num=0&edition=prelim) may be exercised to deal with any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign policy, or economy of the United States, if the President declares a national emergency with respect to such threat.
**(b)** The authorities granted to the President by [section 1702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1702&num=0&edition=prelim) may only be exercised to deal with an unusual and extraordinary threat with respect to which a national emergency has been declared for purposes of this chapter and may not be exercised for any other purpose. Any exercise of such authorities to deal with any new threat shall be based on a new declaration of national emergency which must be with respect to such threat.
Stored review status: release_metadata_unconfirmed. The source passage cites 50 U.S.C. § 1701. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1701. Unusual and extraordinary threat; dec-
laration of national emergency; exercise of
Presidential authorities
(a) Any authority granted to the President by
section 1702 of this title may be exercised to deal
with any unusual and extraordinary threat,
which has its source in whole or substantial part
outside the United States, to the national secu-
rity, foreign policy, or economy of the United
States, if the President declares a national
emergency with respect to such threat.
(b) The authorities granted to the President
by section 1702 of this title may only be exer-
cised to deal with an unusual and extraordinary
threat with respect to which a national emer-
gency has been declared for purposes of this
chapter and may not be exercised for any other
purpose. Any exercise of such authorities to deal
with any new threat shall be based on a new dec-
laration of national emergency which must be
with respect to such threat.
(Pub. L. 95–223, title II, § 202, Dec. 28, 1977, 91
Stat. 1626.)
Statutory Notes and Related Subsidiaries
SHORT TITLE OF 2024 AMENDMENT
Pub. L. 118–50, div. O, § 1, Apr. 24, 2024, 138 Stat. 988,
provided that: ‘‘This division [enacting section 1710 of
this title, enacting provisions set out as notes under
this section, and amending provisions set out as a note
under this section] may be cited as the ‘Strengthening
Tools to Counter the Use of Human Shields Act’.’’
SHORT TITLE OF 2023 AMENDMENT
Pub. L. 117–336, § 1, Jan. 5, 2023, 136 Stat. 6147, provided
that: ‘‘This Act [enacting section 1709 of this title] may
be cited as the ‘Protecting American Intellectual Prop-
erty Act of 2022’.’’
SHORT TITLE OF 2021 AMENDMENT
Pub. L. 117–54, § 1(a), Nov. 10, 2021, 135 Stat. 413, pro-
vided that: ‘‘This Act [amending section 2277a o
Stored review status: historical_2024_not_currentness_verified. The source passage cites 50 U.S.C. § 1701. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The President shall appoint, by and with the advice and consent of the Senate, two Assistant Secretaries of Commerce to assist the Under Secretary of Commerce for Industry and Security in carrying out the functions described in paragraphs (1) and (2) of [section 4851(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4851/a&num=0&edition=prelim).
**(b) Continuation in office of one Assistant Secretary** An individual appointed as an Assistant Secretary of Commerce under section 15(a) of the Export Administration Act of 1979 11 See References in Text note below. (as continued in effect pursuant to the International Emergency Economic Powers Act ([50 U.S.C. 1701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1701&num=0&edition=prelim) et seq.)) and serving in that position on the day before the date of the enactment of this Act may serve in one of the Assistant Secretary positions established under subsection (a) on and after that date without the need for renomination or reappointment.
Stored review status: release_metadata_unconfirmed. The source passage cites 50 U.S.C. § 4801. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 4801. Definitions
In this chapter:
(1) Controlled
The term ‘‘controlled’’ refers to an item sub-
ject to the jurisdiction of the United States
under subchapter I.
(2) Dual-use
The term ‘‘dual-use’’, with respect to an
item, means the item has civilian applications
and military, terrorism, weapons of mass de-
struction, or law-enforcement-related applica-
tions.
(3) Export
The term ‘‘export’’, with respect to an item
subject to controls under subchapter I, in-
cludes—
(A) the shipment or transmission of the
item out of the United States, including the
sending or taking of the item out of the
United States, in any manner; and
(B) the release or transfer of technology or
source code relating to the item to a foreign
person in the United States.
(4) Export Administration Regulations
The term ‘‘Export Administration Regula-
tions’’ means—
(A) the Export Administration Regulations
as promulgated, maintained, and amended
under the authority of the International
Emergency Economic Powers Act [50 U.S.C.
1701 et seq.] and codified, as of August 13,
2018, in subchapter C of chapter VII of title
15, Code of Federal Regulations; or
(B) regulations that are promulgated,
maintained, and amended under the author-
ity of subchapter I on or after August 13,
2018.
(5) Foreign person
The term ‘‘foreign person’’ means—
(A) any natural person who is not a lawful
permanent resident of the United States,
citizen of the United States, or any other
protected individual (as such term is defined
in section 1324b(a)(3) of title 8);
(B) any corporation, business association,
partnership, trust, society or any other enti-
ty or group that is not incorporated in the
United States or organized to do business in
the United States, as well as international
organi
Stored review status: historical_2024_not_currentness_verified. The source passage cites 50 U.S.C. § 4801. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) System for seeking assistance** The President may authorize the Secretary to establish a system to provide United States persons with assistance in complying with this subchapter, which may include a mechanism for providing information, in classified form as appropriate, to persons who are potential customers, suppliers, or business partners with respect to items controlled under this subchapter, in order to further ensure the prevention of the export, reexport, or in-country transfer of items that may pose a threat to the national security or foreign policy of the United States.
**(b) Security clearances** In order to carry out subsection (a), the President may issue appropriate security clearances to persons described in that subsection who are responsible for complying with this subchapter.
**(c) Assistance for certain businesses**
(1) **In general** — Not later than 120 days after August 13, 2018, the President shall develop and submit to Congress a plan to assist small- and medium-sized United States businesses in export licensing and other processes under this subchapter.
(2) **Contents** — The plan shall include, among other things, arrangements for the Department of Commerce to provide counseling to businesses described in paragraph (1) on filing applications and identifying items controlled under this subchapter, as well as proposals for seminars and conferences to educate such businesses on export controls, licensing procedures, and related obligations.
Stored review status: release_metadata_unconfirmed. The source passage cites 50 U.S.C. § 4817. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 4817. Requirements to identify and control the
export of emerging and foundational tech-
nologies
(a) Identification of technologies
(1) In general
The President shall establish and, in coordi-
nation with the Secretary, the Secretary of
Defense, the Secretary of Energy, the Sec-
retary of State, and the heads of other Federal
agencies as appropriate, lead, a regular, ongo-
ing interagency process to identify emerging
and foundational technologies that—
(A) are essential to the national security
of the United States; and
Page 1209
TITLE 50—WAR AND NATIONAL DEFENSE
§ 4817
(B) are not critical technologies described
in
clauses
(i)
through
(v)
of
section
4565(a)(6)(A) of this title.
(2) Process
The interagency process established under
subsection (a) shall—
(A) be informed by multiple sources of in-
formation, including—
(i) publicly available information;
(ii) classified information, including rel-
evant information provided by the Direc-
tor of National Intelligence;
(iii) information relating to reviews and
investigations of transactions by the Com-
mittee on Foreign Investment in the
United States under section 4565 of this
title; and
(iv) information provided by the advi-
sory committees established by the Sec-
retary to advise the Under Secretary of
Commerce for Industry and Security on
controls under the Export Administration
Regulations, including the Emerging Tech-
nology and Research Advisory Committee;
(B) take into account—
(i) the development of emerging and
foundational technologies in foreign coun-
tries;
(ii) the effect export controls imposed
pursuant to this section may have on the
development of such technologies in the
United States; and
(iii) the effectiveness of export controls
imposed pursuant to this section o
Stored review status: historical_2024_not_currentness_verified. The source passage cites 50 U.S.C. § 4817. This identifies an authority to review, not proof of applicability.