50 U.S. Code § 3370b - Collaboration between intelligence community and Department of Commerce to counter foreign commercial threats

(a) Definitions

In this section:

(1) Appropriate congressional committees

The term “appropriate congressional committees” means—

(A) the congressional intelligence committees;

(B) the Committee on Commerce, Science, and Transportation, the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and

(C) the Committee on Energy and Commerce, the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.

(2) Foreign commercial threat

(A) In general

The term “foreign commercial threat” means a rare commercial item or service that is produced by, offered by, sold by, licensed by, or otherwise distributed under the control of a strategic competitor or foreign adversary in a manner that may provide the strategic competitor or foreign adversary leverage over an intended recipient.

(B) Determinations by Working Group

In determining whether an item or service is a foreign commercial threat, the Working Group shall consider whether the strategic competitor or foreign adversary could—

(i) withhold, or threaten to withhold, the rare commercial item or service;

(ii) create reliance on the rare commercial item or service as essential to the safety, health, or economic wellbeing of the intended recipient; or

(iii) have its rare commercial item or service easily replaced by a United States entity or an entity of an ally or partner of the United States.

(3) Rare commercial item or service

The term “rare commercial item or service” means a good, service, or intellectual property that is not widely available for distribution.

(b) Working Group

(1) Establishment

Unless the Director of National Intelligence and the Secretary of Commerce make the joint determination specified in subsection (c), the Director and the Secretary, in consultation with the Secretary of State, shall jointly establish a working group to counter foreign commercial threats (in this section referred to as the “Working Group”).

(2) Membership

The composition of the Working Group may include any officer or employee of a department or agency of the United States Government determined appropriate by the Director or the Secretary.

(3) Duties

The duties of the Working Group shall be the following:

(A) To identify current foreign commercial threats.

(B) To identify probable future foreign commercial threats.

(C) To identify goods, services, or intellectual property that, if produced by entities within the United States, or allies or partners of the United States, would mitigate foreign commercial threats.

(4) Meetings

Not later than 30 days after December 23, 2022, and on a regular basis that is not less frequently than quarterly thereafter until the date of termination under paragraph (5), the Working Group shall meet.

(5) Termination

Beginning on the date that is 2 years after the date of the establishment under paragraph (1), the Working Group may be terminated upon the Director of National Intelligence and the Secretary of Commerce jointly—

(A) determining that termination of the Working Group is appropriate; and

(B) submitting to the appropriate congressional committees a notification of such determination (including a description of the justification for such determination).

(6) Reports

(A) Submission to Congress

Not later than 60 days after December 23, 2022, and biannually thereafter until the date of termination under paragraph (5), the Working Group shall submit to the appropriate congressional committees a report on the activities of the Working Group.

(B) Matters

Each report under subparagraph (A) shall include a description of the following:

(i) Any current or future foreign commercial threats identified by the Working Group.

(ii) The strategy of the United States Government, if any, to mitigate any current foreign commercial threats or future foreign commercial threats so identified.

(iii) The plan of the intelligence community to provide to the Department of Commerce and other nontraditional customers of the intelligence community support in addressing foreign commercial threats.

(iv) Any other significant activity of the Working Group.

(c) Option to discharge obligation through other means

If the Director of National Intelligence and the Secretary of Commerce make a joint determination that the requirements of the Working Group under subsection (b) (including the duties under paragraph (3) and the reporting requirement under paragraph (6) of such subsection) may be appropriately filled by an existing entity or structure, and submit to the congressional intelligence committees a notification of such determination (including a description of the justification for such determination), the Director and Secretary may task such entity or structure with such requirements in lieu of establishing the Working Group.

(Pub. L. 117–263, div. F, title LXV, § 6514, Dec. 23, 2022, 136 Stat. 3546.)

Statutory Notes and Related Subsidiaries

Definitions

For definitions of “intelligence community” and “congressional intelligence committees” as used in this section, see section 6002 of Pub. L. 117–263, set out as a note under section 3003 of this title.