Congressional Spending Package Includes Export Control Provisions

Congress’s omnibus and COVID-19 relief package includes provisions on export controls and the Export Control Reform Act. Provisions in the spending package require the director of national intelligence to assess the state of U.S. export controls and report on the foreign use of sensitive surveillance technologies. The package, passed Dec. 21, requires the DNI to “complete an assessment” of export controls on artificial intelligence, microchips, advanced manufacturing equipment and “other AI-enabled technologies,” and to identify “opportunities for further cooperation” with U.S. allies. The package also requires the DNI to submit a report on threats posed by foreign governments and entities using “commercially available cyber intrusion and other surveillance technology,” exports that are monitored closely by the Commerce and State Departments (see 2009300056). In addition, the appropriations act for the 2021 fiscal year includes “awards for compensation to informers” of violations under ECRA, but does not specify the amount.