50 U.S.C. § 4816 — Compliance assistance

Page 1208 TITLE 50—WAR AND NATIONAL DEFENSE § 4816 (A) A reduction in the availability of an item produced in the United States that is likely to be acquired by the Department of Defense or other Federal department or agency for the advancement of the national security of the United States, or for the pro- duction of an item in the United States for the Department of Defense or other agency for the advancement of the national security of the United States. (B) A reduction in the production in the United States of an item that is the result of research and development carried out, or funded by, the Department of Defense or other Federal department or agency to ad- vance the national security of the United States, or a federally funded research and development center. (C) A reduction in the employment of United States persons whose knowledge and skills are necessary for the continued pro- duction in the United States of an item that is likely to be acquired by the Department of Defense or other Federal department or agency for the advancement of the national security of the United States. (Pub. L. 115–232, div. A, title XVII, § 1756, Aug. 13, 2018, 132 Stat. 2217.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in subsecs. (a) to (c), was in the original ‘‘this part’’, meaning part I (§§ 1751–1768) of subtitle B of title XVII of div. A of Pub. L. 115–232, known as the Export Controls Act of 2018, which is clas- sified principally to this subchapter. For complete clas- sification of part I to the Code, see section 1751 of Pub. L. 115–232, set out as a Short Title note under section 4801 of this title and Tables. § 4816. Compliance assistance (a) System for seeking assistance The President may authorize the Secretary to establish a system to provide United States per- sons with assistance in complying with this sub- chapter, which may include a mechanism for providing information, in classified form as ap- propriate, to persons who are potential cus- tomers, suppliers, or business partners with re- spect 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 Presi- dent 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 Con- gress 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 Com- merce to provide counseling to businesses de- scribed 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 re- lated obligations. (Pub. L. 115–232, div. A, title XVII, § 1757, Aug. 13, 2018, 132 Stat. 2218; Pub. L. 116–283, div. A, title X, § 1081(d)(7), Jan. 1, 2021, 134 Stat. 3874.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this part’’, meaning part I (§§ 1751–1768) of subtitle B of title XVII of div. A of Pub. L. 115–232, known as the Export Controls Act of 2018, which is classified prin- cipally to this subchapter. For complete classification of part I to the Code, see section 1751 of Pub. L. 115–232, set out as a Short Title note under section 4801 of this title and Tables. AMENDMENTS 2021—Subsec. (a). Pub. L. 116–283 inserted ‘‘to per- sons’’ before ‘‘who are potential’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Pub. L. 116–283, div. A, title X, § 1081(d), Jan. 1, 2021, 134 Stat. 3873, provided that the amendment made by section 1081(d)(7) is effective as of Aug. 13, 2018, and as if included in Pub. L. 115–232. Executive Documents DELEGATION OF AUTHORITIES UNDER SECTION 1757 OF THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2019 Memorandum of President of the United States, Nov. 26, 2018, 83 F.R. 61503, provided: Memorandum for the Secretary of Commerce By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby delegate to the Secretary of Commerce the functions and authorities vested in the President by section 1757 of the [John S. McCain] National De- fense Authorization Act for Fiscal Year 2019 (Public Law 115–232) [50 U.S.C. 4816]. The delegation in this memorandum shall apply to any provision of any future public law that is the same or substantially the same as the provision referenced in this memorandum. You are authorized and directed to publish this memorandum in the Federal Register. DONALD J. TRUMP. § 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