--- kind: "section" citation: "50 U.S.C. § 3370b" title: "50" title_heading: "War and National Defense" number: "3370b" heading: "Collaboration between intelligence community and Department of Commerce to counter foreign commercial threats" release: "119-102" url: "https://uscodex.org/usc/50/3370b" units: - "Chapter 45 — Miscellaneous Intelligence Community Authorities" - "Subchapter IV — Collection, Analysis, and Sharing of Intelligence" --- # §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](/usc/50/3343.md?p=c-4-B-iii); - (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](#a-3) 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](#a-2-A), 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](#a-3); - (ii) create reliance on the [rare commercial item or service](#a-3) as essential to the safety, health, or economic wellbeing of the intended recipient; or - (iii) have its [rare commercial item or service](#a-3) easily replaced by a [United States](/usc/50/47f.md?p=d) entity or an entity of an ally or partner of the [United States](/usc/50/47f.md?p=d). - (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)](#c), the Director and the Secretary, in consultation with the Secretary of State, shall jointly establish a working group to counter [foreign commercial threats](#a-2-A) (in this section referred to as the “Working Group”). - (2) **Membership—** The composition of the Working Group may include any officer or [employee](/usc/50/2154.md?p=b-1) of a department or agency of the [United States](/usc/50/47f.md?p=d) 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](#a-2-A). - (B) To identify probable future [foreign commercial threats](#a-2-A). - (C) To identify goods, services, or intellectual property that, if produced by entities within the [United States](/usc/50/47f.md?p=d), or allies or partners of the [United States](/usc/50/47f.md?p=d), would mitigate [foreign commercial threats](#a-2-A). - (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)](#b-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)](#b-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-1) 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)](#b-5), the Working Group shall submit to the [appropriate congressional committees](#a-1) a report on the activities of the Working Group. - (B) **Matters—** Each report under [subparagraph (A)](#b-6-A) shall include a description of the following: - (i) Any current or future [foreign commercial threats](#a-2-A) identified by the Working Group. - (ii) The strategy of the [United States](/usc/50/47f.md?p=d) Government, if any, to mitigate any current [foreign commercial threats](#a-2-A) or future [foreign commercial threats](#a-2-A) so identified. - (iii) The plan of the [intelligence community](/usc/50/1881.md?p=b-5) to provide to the Department of Commerce and other nontraditional customers of the [intelligence community](/usc/50/1881.md?p=b-5) support in addressing [foreign commercial threats](#a-2-A). - (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)](#b) (including the duties under [paragraph (3)](#b-3) and the reporting requirement under [paragraph (6)](#b-6) of such subsection) may be appropriately filled by an existing entity or structure, and submit to the [congressional intelligence committees](/usc/50/3343.md?p=c-4-B-iii) 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. ## Source credit (Pub. L. 117–263, div. F, title LXV, § 6514, Dec. 23, 2022, 136 Stat. 3546.) ## Notes ### 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.