View all text of Subchapter IV [§ 3361 - § 3373b]
§ 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
(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
(b) Working Group
(1) Establishment
(2) Membership
(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
(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
(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
(Pub. L. 117–263, div. F, title LXV, § 6514, Dec. 23, 2022, 136 Stat. 3546.)