119-s2040

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2040 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 2040

 To establish the Office of Information and Communications Technology 
 and Services within the Bureau of Industry and Security of the 
 Department of Commerce, and for other purposes.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 June 11, 2025

 Ms. Slotkin introduced the following bill; which was read twice and 
 referred to the Committee on Banking, Housing, and Urban Affairs

_______________________________________________________________________

 A BILL

 To establish the Office of Information and Communications Technology 
 and Services within the Bureau of Industry and Security of the 
 Department of Commerce, and for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Connected Vehicle National Security 
Review Act''.

SEC. 2. OFFICE OF INFORMATION AND COMMUNICATIONS TECHNOLOGY AND 
 SERVICES.

    (a) In General.--The Export Control Reform Act of 2018 (50 U.S.C. 
4801 et seq.) is amended by adding at the end the following:

 ``PART IV--OFFICE OF INFORMATION AND COMMUNICATIONS TECHNOLOGY AND 
 SERVICES

``

SEC. 1785. DEFINITIONS.

 ``In this part:
 ``

    (1) Agency.--The term `agency' has the meaning given that 
 term in 

section 551 of title 5, United States Code.
 ``

    (2) Commerce control list.--The term `Commerce Control 
 List' means the Commerce Control List set forth in Supplement 
 No. 1 to part 774 of the Export Administration Regulations.
 ``

    (3) Connected vehicle.--
 ``
        (A) In general.--Except as provided by 
 subparagraph
        (B) , the term `connected vehicle' means a 
 vehicle driven or drawn by mechanical power and 
 manufactured primarily for use on public streets, 
 roads, and highways, that integrates onboard networked 
 hardware with automotive software systems to 
 communicate via dedicated short-range communication, 
 cellular telecommunications connectivity, satellite 
 communication, or other wireless spectrum connectivity 
 with any other network or device.
 ``
        (B) Exclusions.--The term `connected vehicle' 
 does not include a vehicle operated only on a rail 
 line.
 ``

    (4) Covered transaction.--The term `covered transaction' 
 means a transaction that--
 ``
        (A) is conducted by any person subject to the 
 jurisdiction of the United States or involves property 
 subject to the jurisdiction of the United States;
 ``
        (B) involves--
 ``
            (i) ICTS (as the term is defined by 
 Executive Order 13873) that is--
 ``
            (I) designed, developed, 
 manufactured, or supplied by persons 
 owned by, controlled by, or subject to 
 a jurisdiction or direction of a 
 jurisdiction of concern; and
 ``
            (II) used in a connected vehicle; 
 or
 ``
            (ii) an item on the Commerce Control List 
 that is used in a connected vehicle; and
 ``
            (C) is--
 ``
            (i) an ICTS transaction (as described in 
 

section 791.1 of title 15, Code of Federal 
 Regulations (or any successor regulation)); or
 ``
            (ii) a transaction relating to the 
 export, reexport, or in-country transfer for an 
 item described in subparagraph
        (B)
            (ii) .
 ``

    (5) Critical infrastructure.--The term `critical 
 infrastructure' means systems and assets, whether physical or 
 virtual, so vital to the United States that the incapacity or 
 destruction of such systems and assets would have a 
 debilitating impact on national security, national economic 
 security, national public health or safety, or any combination 
 of those matters.
 ``

    (6) Entity.--The term `entity' means any firm, 
 partnership, trust, joint venture, corporation, or other 
 association or organization.
 ``

    (7) Entity of concern.--The term `entity of concern' 
 means an entity owned or controlled by--
 ``
        (A) an entity listed on the Entity List set forth 
 in Supplement No. 4 to part 744 of the Export 
 Administration Regulation; or
 ``
        (B) a person subject to the jurisdiction of a 
 country that is under a comprehensive United States 
 arms embargo, as listed in Country Group D:5 in 
 Supplement No. 1 to part 740 of the Export 
 Administration Regulations.
 ``

    (8) Information and communications technology and 
 services; icts.--The terms `information and communications 
 technology and services' and `ICTS' have the meaning given the 
 term `information and communications technology or services' in 
 Executive Order 13873 (50 U.S.C. 1701 note; relating to 
 securing the information and communications technology and 
 services supply chain).
 ``

    (9) Jurisdiction of concern.--The term `jurisdiction of 
 concern' means any of the following:
 ``
        (A) The People's Republic of China.
 ``
        (B) The Russian Federation.
 ``
            (C) The Islamic Republic of Iran.
 ``
            (D) The Democratic People's Republic of Korea.
 ``

    (10) Relevant committees of congress.--The term `relevant 
 committees of Congress' means--
 ``
        (A) the Committee on Banking, Housing, and Urban 
 Affairs of the Senate; and
 ``
        (B) the Committee on Foreign Affairs of the House 
 of Representatives.
 ``

    (11) Undue risk.--The term `undue risk' means any of the 
 following:
 ``
        (A) The undue risk of sabotage to or subversion 
 of the design, integrity, manufacturing, production, 
 distribution, installation, operation, or maintenance 
 of ICTS in the United States.
 ``
        (B) The undue risk of catastrophic effects on the 
 security or resiliency of United States critical 
 infrastructure or the digital economy of the United 
 States.
 ``
            (C) The undue risk of an entity of concern 
 acquiring an item on the Commerce Control List.

``

SEC. 1785A. OFFICE OF INFORMATION AND COMMUNICATIONS TECHNOLOGY AND 
 SERVICES.

 ``

    (a) Establishment.--There is established within the Bureau of 
Industry and Security of the Department of Commerce an Office of 
Information and Communications Technology and Services (in this section 
referred to as the `Office').
 ``

    (b) Executive Director.--The head of the Office shall be an 
Executive Director, who shall--
 ``

    (1) be appointed by the Secretary; and
 ``

    (2) report to the Assistant Secretary appointed under 
 

section 1782

    (a)

    (2) .
 ``
            (c) Duties.--The Office shall--
 ``

    (1) identify and prevent through mitigation or 
 prohibition the undue risk posed by certain transactions; and
 ``

    (2) educate industry and other partners on relevant risks 
 and communicate decisions.
 ``
            (d) Special Hiring Authority.--The Executive Director may 
appoint, without regard to the provisions of sections 3309 through 3318 
of title 5, United States Code, candidates directly to positions in the 
competitive service (as defined in 

section 2102 of that title).
 ``

    (e) Transition Rules.--
 ``

    (1) Continuation in office of the executive director.--An 
 individual serving as the Executive Director before the date of 
 the enactment of this part may serve as the Executive Director 
 on and after that date without the need for appointment under 
 subsection

    (b) .
 ``

    (2) Reporting.--The Executive Director shall report to 
 the Under Secretary for Industry and Security until such time 
 as an Assistant Secretary is appointed, by and with the advice 
 and consent of the Senate, under 

section 1782

    (a)

    (2) .

``

SEC. 1785B. TRANSACTION REVIEW PROCESS.

 ``

    (a) In General.--The Secretary, acting through the Office of 
Information and Communications Technology and Services, shall review 
covered transactions according to the following procedures:
 ``

    (1) Review.--The Secretary may review any covered 
 transaction that the Secretary suspects poses an undue risk.
 ``

    (2) Investigative authority.--In reviewing a covered 
 transaction described in paragraph

    (1) the Secretary may do the 
 following:
 ``
        (A) Require any person subject to the 
 jurisdiction of the United States to furnish under 
 oath, in the form of a report or otherwise, at any time 
 as may be required by the Secretary, complete 
 information relative to any such transaction.
 ``
        (B) Require that any such report take a 
 particular form as directed in a request, regulation, 
 or other guidance provided by the Secretary, which may 
 be required before, during, or after any such 
 transaction.
 ``
            (C) Through any agency, conduct investigations, 
 hold hearings, administer oaths, examine witnesses, 
 receive evidence, take depositions, and require by 
 subpoena the attendance and testimony of witnesses and 
 the production of any book, contract, letter, paper, 
 and other hard copy or document relating to any matter 
 under investigation, regardless of whether any such 
 report has been required or filed.
 ``

    (b) Mitigation of Risk.--
 ``

    (1) In general.--If the Secretary finds under subsection

    (a) that a covered transaction poses an undue risk, the 
 Secretary shall mitigate the undue risk as described in 
 paragraph

    (2) or prohibit the transaction.
 ``

    (2) Mitigation of risk authority.--The Secretary may 
 choose to mitigate any undue risk posed by a covered 
 transaction reviewed under subsection

    (a) . To mitigate the 
 undue risk, the Secretary may do any of the following with 
 regard to any party to the covered transaction:
 ``
        (A) Negotiate, enter into or impose, and enforce 
 any agreement or condition.
 ``
        (B) Require adherence to certain cybersecurity 
 standards and other mitigation requirements determined 
 to be necessary by the Secretary.
 ``
            (C) Require the exclusion (in whole or in part) 
 of certain components, including physical parts or 
 hardware, software, digital services, and digital 
 components, of any ICTS or any sub-component of ICTS 
 from any such transaction.
 ``
            (D) Anything else the Secretary determines to be 
 appropriate or necessary to mitigate the undue risk.
 ``

    (3) Prohibition of transaction.--If the Secretary 
 determines that the undue risk posed by a covered transaction 
 cannot be effectively mitigated for any reason, the Secretary--
 ``
        (A) may prohibit the covered transaction; and
 ``
        (B) if the Secretary prohibits the transaction, 
 shall--
 ``
            (i) notify any party subject to the 
 review of the covered transaction of the 
 prohibition; and
 ``
            (ii) publish the prohibition in the 
 Federal Register.

``

SEC. 1785C. REGULATING COVERED TRANSACTIONS CONNECTED TO ENTITIES OR 
 JURISDICTIONS OF CONCERN.

 ``

    (a) Authorization To Issue Rules for Certain Classes of Covered 
Transactions.--The Secretary may determine that, for certain classes of 
covered transactions, a review conducted under 

section 1785B may not 
effectively address undue risks and may promulgate, in accordance with 

section 553 of title 5, United States Code, regulations that do the 
following:
 ``

    (1) Identify particular covered transactions, entities of 
 concern, or jurisdictions of concern that warrant particular 
 scrutiny for undue risk.
 ``

    (2) Establish mitigation measures to address undue risk, 
 to include prohibitions related to entities of concern or 
 jurisdictions of concern or for classes of covered 
 transactions.
 ``

    (3) Establish criteria by which particular covered 
 transactions or particular classes of participants in the 
 covered transaction supply chain may be recognized as 
 categorically included in or as categorically excluded from 
 mitigation measures or prohibitions.
 ``

    (4) Establish particular classes of covered transactions 
 or parties to covered transactions that must abide by certain 
 prohibitions or mitigation measures.
 ``

    (5) Establish procedures to authorize or license 
 transactions otherwise prohibited pursuant to a regulation 
 promulgated under this section.
 ``

    (6) Any other rule the Secretary determines to be 
 appropriate.
 ``

    (b) Other Review by Secretary Permitted.--The promulgation of any 
regulation under subsection

    (a) does not preclude the Secretary from 
initiating a review of any covered transaction, including a covered 
transaction that belongs to an identified category under this section.

``

SEC. 1785D. RISK ASSESSMENTS.

 ``

    (a) DNI Risk Assessments.--Not later than 180 days after the date 
of the enactment of this part, and annually thereafter, the Director of 
National Intelligence shall submit to the Secretary--
 ``

    (1) a risk assessment related to the threats posed by 
 entities of concern or jurisdictions of concern to the United 
 States by the supply chain of covered transactions that--
 ``
        (A) includes specific criteria to evaluate any 
 risk to the national security of the United States; and
 ``
        (B) identifies any entities of concern, 
 jurisdictions of concern, participants in such supply 
 chain, and covered transactions or classes of covered 
 transactions posing the highest risks to the national 
 security of the United States; and
 ``

    (2) a risk assessment of the threats posed by the supply 
 chains of covered transactions to the national security of the 
 United States.
 ``

    (b) Submission of Risk Assessment.--
 ``

    (1) In general.--Not later than 90 days after the date on 
 which the risk assessments required by subsection

    (a) are 
 submitted to the Secretary, the Director of National 
 Intelligence shall submit the risk assessments to the relevant 
 committees of Congress in unclassified format.
 ``

    (2) Classified annex.--The risk assessments submitted 
 under paragraph

    (1) --
 ``
        (A) may include a classified annex; and
 ``
        (B) shall include in the classified annex only 
 the identification of specific participants in the 
 supply chain of covered transactions that pose risk to 
 the national security of the United States.

``

SEC. 1785E. OTHER AUTHORITIES.

 ``

    (a) Regulations.--Any regulation the Secretary promulgated under 
Executive Order 13873 (50 U.S.C. 1701 note; relating to securing the 
information and communications technology and services supply chain) 
and Executive Order 14034 (50 U.S.C. 1701 note; relating to protecting 
Americans' sensitive data from foreign adversaries) before the date of 
the enactment of this part shall continue in effect on and after such 
date of enactment. In carrying out the requirements of this part, the 
Secretary may amend regulations or promulgate new regulations and 
procedures as the Secretary considers appropriate.
 ``

    (b) Guidance.--The Secretary may issue guidance and establish 
procedures to carry out this part.
 ``
            (c) Technical Advisory Committee.--
 ``

    (1) In general.--Not later than 180 days after the date 
 of the enactment of this part, the Secretary shall establish an 
 ICTS technical advisory committee to report to the Executive 
 Director of the Office of Information and Communications 
 Technology and Services.
 ``

    (2) Membership.--The ICTS advisory committee established 
 under paragraph

    (1) shall include the following:
 ``
        (A) Industry academic experts on covered 
 transaction supply chains.
 ``
        (B) Representatives of private sector companies, 
 industry associations, and academia.
 ``
            (C) A designated Federal officer to administer 
 the advisory committee and report to the Executive 
 Director.
 ``
            (d) Confidentiality and Disclosure of Information.--Any 
information or document not otherwise publicly or commercially 
available that has been submitted to the Secretary under this part 
shall not be released publicly excepted to the extent required by 
Federal law.

``

SEC. 1785F. ENFORCEMENT.

 ``

    (a) Investigations.--
 ``

    (1) In general.--The Secretary may conduct an 
 investigation of any violation of an authorization, order, 
 mitigation measure, regulation, or prohibition issued under 
 this part.
 ``

    (2) Actions by designees.--In conducting an investigation 
 described in paragraph

    (1) , the Assistant Secretary of Commerce 
 for Export Enforcement, or designated officers or employees of 
 the Secretary may, to the extent necessary or appropriate to 
 enforce this part, exercise such authority as is conferred upon 
 them by any other Federal law, subject to policies and 
 procedures approved by the Attorney General.
 ``

    (b) Permitted Activities.--An officer or employee authorized to 
conduct investigations under subsection

    (a) by the Secretary may do any 
of the following:
 ``

    (1) Inspect, search, detain, seize, or impose a temporary 
 denial order with respect to any item, in any form, or 
 conveyance on which it is believed that there are items that 
 have been, are being, or are about to be imported into the 
 United States in violation of this part or any other applicable 
 Federal law.
 ``

    (2) Require, inspect, and obtain any book, record, and 
 any other information from any person subject to the provisions 
 of this part or other applicable Federal law.
 ``

    (3) Administer an oath or affirmation and, by subpoena, 
 require any person to appear and testify or to appear and 
 produce books, records, and other writings.
 ``

    (4) Obtain a court order and issue legal process to the 
 extent authorized under chapters 119, 121, and 206 of title 18, 
 United States Code, or any other applicable Federal law.
 ``
            (c) Enforcement of Subpoenas.--In the case of contumacy by, or 
refusal to obey a subpoena issued to, any person under subsection

    (b)

    (3) , a district court of the United States, after notice to such 
person and a hearing, shall have jurisdiction to issue an order 
requiring such person to appear and give testimony or to appear and 
produce books, records, and other writings, regardless of format, that 
are the subject of the subpoena. Any failure to obey such order of the 
court may be punished by such court as a contempt thereof.
 ``
            (d) Actions by the Attorney General.--The Attorney General may 
bring an action in an appropriate district court of the United States 
for appropriate relief, including declaratory and injunctive, or 
divestment relief, against any person who violates this part or any 
regulation, order, direction, mitigation measure, prohibition, or other 
authorization or directive issued under this part.

``

SEC. 1785G. JUDICIAL REVIEW.

 ``

    (a) Right of Action.--A claim or petition challenging this part 
or any action, finding, or determination under this part may be filed 
only in the United States Court of Appeals for the District of Columbia 
Circuit.
 ``

    (b) Exclusive Jurisdiction.--The United States Court of Appeals 
for the District of Columbia Circuit shall have exclusive jurisdiction 
over claims or petitions arising under this part against the United 
States, any agency, or any component or official of an agency, subject 
to review by the Supreme Court of the United States under 

section 1254 
of title 28, United States Code.
 ``
            (c) In Camera and Ex Parte Review.--The following information may 
be included in the administrative record and shall be submitted to the 
court only ex parte and in camera:
 ``

    (1) Sensitive security information, as defined in 

section 1520.5 of title 49, Code of Federal Regulations.
 ``

    (2) Records or information compiled for law enforcement 
 purposes, as described in 

section 552

    (b)

    (7) of title 5, United 
 States Code.
 ``

    (3) Classified information, meaning any information or 
 material that has been determined by the United States 
 Government pursuant to an Executive order, statute, or 
 regulation, to require protection against unauthorized 
 disclosure for reasons of national security and any restricted 
 data, as defined in 

section 11 of the Atomic Energy Act of 1954 
 (42 U.S.C. 2014).
 ``

    (4) Information subject to privilege or protections under 
 any other provision of law, including subchapter II of chapter 
 53 of title 31, United States Code.
 ``
            (d) Information Under Seal.--Any information that is part of the 
administrative record filed ex parte and in camera under subsection
            (c) , or cited by the court in any decision, shall be treated by the 
court consistent with the provisions of this section. In no event shall 
such information be released to the claimant or petitioner or as part 
of the public record.
 ``

    (e) Return of Administrative Record.--After the expiration of the 
time to seek further review, or the conclusion of further proceedings, 
the court shall return the administrative record, including any and all 
copies, to the United States.
 ``

    (f) Exclusive Remedy.--A determination by the court under this 
section shall be the exclusive judicial remedy for any claim or 
petition for review challenging this part or any action, finding, or 
determination under this part against the United States, any agency, or 
any component or official of any such agency.
 ``

    (g) Rule of Construction.--Nothing in this section shall be 
construed as limiting, superseding, or preventing the invocation of, 
any privileges or defenses that are otherwise available at law or in 
equity to protect against the disclosure of information.
 ``

    (h) Statute of Limitations.--A challenge to any determination 
under this part may only be brought not later than 180 days after the 
date of such a determination.

``

SEC. 1785H. PENALTIES.

 ``

    (a) Unlawful Acts.--It shall be unlawful for a person to violate, 
attempt to violate, conspire to violate, or cause a violation of any 
regulation, order, direction, prohibition, or other authorization or 
directive issued under this part.
 ``

    (b) Criminal Penalties.--A person who willfully commits, 
willfully attempts to commit, or willfully conspires to commit, or aids 
and abets in the commission of a violation of subsection

    (a) shall be 
fined not more than $1,000,000 for each violation, imprisoned for not 
more than 20 years, or both.
 ``
            (c) Civil Penalties.--
 ``

    (1) In general.--The Secretary may impose the following 
 civil penalties on a person for each violation by that person 
 of a rule promulgated under this section:
 ``
        (A) A monetary penalty that is the greater of--
 ``
            (i) $250,000; or
 ``
            (ii) an amount that is twice the value of 
 the action that is the basis of the violation 
 with respect to which the penalty is imposed.
 ``
        (B) Revocation of any mitigation measure or 
 authorization issued under this part to the person.
 ``
            (C) A prohibition or other restriction on the 
 ability of the person to engage in any covered 
 transaction or class of such transactions.
 ``

    (2) Procedures.--Any civil penalty imposed under 
 paragraph

    (1) may be imposed only pursuant to a rule 
 promulgated under this section.
 ``

    (3) Standards for levels of civil penalty.--The Secretary 
 may, by rule, provide standards for establishing levels of 
 civil penalty under paragraph

    (1) based upon factors, 
 including--
 ``
        (A) the seriousness of the violation;
 ``
        (B) the culpability of the violator, including 
 any pattern of reckless behavior; and
 ``
            (C) any mitigating factors, such as the record of 
 cooperation of the violator with the Federal Government 
 in disclosing the violation.
 ``
            (d) Pre-Penalty Notices; Settlements.--
 ``

    (1) Pre-penalty notices.--
 ``
        (A) In general.--If the Secretary has reason to 
 believe that there has occurred a violation of 
 subsection

    (a) and determines that a civil monetary 
 penalty under subsection
            (c) (1)
        (A) is warranted, the 
 Secretary shall issue a pre-penalty notice informing 
 the alleged violator of the intent of the Secretary to 
 impose a monetary penalty. The Secretary shall consider 
 any voluntary disclosures of a violation before issuing 
 such notice.
 ``
        (B) Form of notice.--A pre-penalty notice issued 
 under subparagraph
        (A) shall be in writing and issued 
 either electronically or by mail to the alleged 
 violator.
 ``
            (C) Effects of actions of other agencies.--A pre-
 penalty notice may be issued under subparagraph
        (A) whether or not an agency other than the Department of 
 Commerce has taken any action with respect to the 
 matter.
 ``

    (2) Responses.--
 ``
        (A) Right to respond.--An alleged violator may 
 respond to a pre-penalty notice issued under paragraph

    (1)
        (A) in writing to the Secretary.
 ``
        (B) Deadline for response.--
 ``
            (i) In general.--An alleged violator 
 shall respond to a pre-penalty notice issued 
 under paragraph

    (1)
        (A) , except as provided by 
 clause
            (ii) , on or before the 30th day after 
 the date of the issuance of the notice. Failure 
 to submit a response during the time required 
 by the previous sentence shall be deemed to be 
 a waiver of the right to respond.
 ``
            (ii) Extensions of deadline.--If the 
 deadline under clause
            (i) for a response to a 
 pre-penalty notice falls on a Federal holiday 
 or weekend, that deadline shall be extended to 
 the following business day. Any other 
 extensions of the deadline shall be granted, at 
 the discretion of the Secretary, only upon 
 specific request to the Secretary.
 ``
            (C) Form and method.--A response under 
 subparagraph
        (A) to a pre-penalty notice need not be in 
 any particular form, but it is required to be 
 typewritten and signed by the alleged violator or a 
 representative thereof, contain information sufficient 
 to indicate that it is in response to the pre-penalty 
 notice, and include the identification number listed on 
 the pre-penalty notice. A digital signature is 
 acceptable.
 ``
            (D) Content.--Any response under subparagraph
        (A) to a pre-penalty notice is required--
 ``
            (i) to set forth in detail why the 
 alleged violator either believes that a 
 violation of subsection

    (a) did not occur or 
 why a civil monetary penalty under subsection
            (c) (1)
        (A) is otherwise unwarranted under the 
 circumstances; and
 ``
            (ii) to include all documentary or other 
 evidence available to the alleged violator that 
 supports the arguments set forth in the 
 response.
 ``

    (3) Representation.--A representative of the alleged 
 violator may act on behalf of the alleged violator, but any 
 oral communication with the Secretary prior to a written 
 submission regarding the specific allegations contained in the 
 pre-penalty notice is required to be preceded by a written 
 letter of representation, unless the pre-penalty notice was 
 served upon the alleged violator in care of the representative.
 ``

    (4) Settlement.--Settlement discussions may be initiated 
 by the Secretary, the alleged violator, or the alleged 
 violator's authorized representative.
 ``

    (e) Penalty Imposition.--
 ``

    (1) In general.--If, after considering any written 
 response to a pre-penalty notice under subsection
            (d) (2) and 
 any relevant facts, including voluntary disclosure of a 
 violation of subsection

    (a) , the Secretary determines that 
 there was a violation by the alleged violator named in the pre-
 penalty notice and that a civil monetary penalty under 
 subsection
            (c) (1)
        (A) is appropriate, the Secretary may issue a 
 penalty notice to the violator containing a determination of 
 the violation and the imposition of the monetary penalty.
 ``

    (2) Final agency action.--The issuance of the penalty 
 notice shall constitute final agency action for purposes of 
 review under 

section 704 of title 5, United States Code.
 ``

    (3) Judicial review.--The violator may seek judicial 
 review of that final agency action under 

section 1785G.

``

SEC. 1785I. RELATIONSHIP TO OTHER LAWS.

 ``

    (a) Rule of Construction Relating to Other Law.--Nothing in this 
part shall be construed to alter or affect any other authority, 
process, regulation, investigation, enforcement measure, or review 
provided by or established under any other provision of Federal law.
 ``

    (b) Paperwork Reduction Act Exception.--The requirements of 
chapter 35 of title 44, United States Code (commonly referred to as the 
`Paperwork Reduction Act'), shall not apply to any action by the 
Secretary to implement this part.
 ``
            (c) Committee on Foreign Investment in the United States.--
Nothing in this part shall prevent or preclude the President or the 
Committee on Foreign Investment in the United States from exercising 
any authority under 

section 721 of the Defense Production Act of 1950 
(50 U.S.C. 4565 et seq.) as would be available in the absence of this 
part.
 ``
            (d) Rule of Construction for the OICTS.--Nothing in this part may 
be construed as altering any of the authority of the Office of 
Information and Communications Technology and Services under Executive 
Order 13873 (50 U.S.C. 1701 note; relating to securing the information 
and communications technology and services supply chain) and Executive 
Order 14034 (50 U.S.C. 1701 note; relating to protecting Americans' 
sensitive data from foreign adversaries).''.

    (b) Conforming Amendments to Export Control Reform Act of 2018.--

    (1) Definition of united states person.--

Section 1742

    (13)
        (A) of the Export Control Reform Act of 2018 (50 U.S.C. 
 4801

    (13) 

    (1) ) is amended, in the matter preceding clause
            (i) , by 
 striking ``part I'' and inserting ``parts I and IV''.

    (2) Annual report.--

Section 1765

    (a) of the Export Control 
 Reform Act of 2018 (50 U.S.C. 4824

    (a) ) is amended--
        (A) in the matter preceding paragraph

    (1) , by 
 inserting ``and part IV'' after ``this part'';
        (B) in paragraph

    (8) , by striking ``; and'' and 
 inserting a semicolon;
            (C) in paragraph

    (9) , by striking the period and 
 inserting ``; and''; and
            (D) by adding at the end the following:
 ``

    (10) a summary of how authorities under part IV are being 
 used to ensure that entities of concern (as defined in 

section 1785) cannot undercut United States export controls by 
 acquiring sensitive technology within the United States.''.

    (3) Assistant secretaries of commerce.--

Section 1782

    (a) of 
 the Export Control Reform Act of 2018 (50 U.S.C. 4852

    (a) ) is 
 amended--
        (A) by striking ``Senate, two'' and inserting the 
 following: ``Senate--
 ``

    (1) two'';
        (B) by striking the period at the end and inserting 
 ``; and''; and
            (C) by adding at the end the following:
 ``

    (2) one Assistant Secretary of Commerce to assist the 
 Under Secretary in carrying out part IV.''.
 <all>