Sec. 505. Support of intelligence community for export controls and other missions of the Department of Commerce
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In this section: The term emerging and foundational technologies includes technologies identified under section 1758(a)(1) of the Export Control Reform Act of 2018 ( 50 U.S.C. 4817(a)(1) ). The term foreign adversary means any foreign government, foreign regime, or foreign nongovernment person determined by the Director of National Intelligence to have engaged in a long-term pattern or serious instances of conduct significantly adverse to the national security of the United States or the security and safety of United States persons.
The Director of National Intelligence— is authorized to collect, retain, analyze, and disseminate information or intelligence necessary to support the missions of the Department of Commerce, including with respect to the administration of export controls pursuant to the Export Control Reform Act of 2018 ( 50 U.S.C. 4801 et seq. ); and shall, through regular consultation with the Secretary of Commerce, ensure that the intelligence community is engaged in such collection, retention, analysis, and dissemination.
The information to be collected, analyzed, and disseminated under subsection
(a)shall include information relating to the following: The intent, capability, and operations of foreign adversaries with respect to items under consideration to be controlled pursuant to the authority provided by part I of the Export Control Reform Act of 2018 ( 50 U.S.C. 4811 et seq. ). Attempts by foreign adversaries to circumvent controls on items imposed pursuant to that part. Supply chains and procurement networks associated with procurement and development of emerging and foundational technologies by foreign adversaries. Emerging and foundational technologies pursued by foreign adversaries, including relevant information on prioritization, spending, and technology transfer measures with respect to such technologies. The scope and application of the export control systems of foreign countries, including decisions with respect to individual export transactions. Corporate and contractual relationships, ownership, and other equity interests, including monetary capital contributions, corporate investments, and joint ventures, resulting in end uses of items that threaten the national security and foreign policy interests of the United States, as described in the policy set forth in section 1752 of the Export Control Reform Act of 2018 ( 50 U.S.C. 4811 ). The effect of export controls imposed pursuant to part I of that Act ( 50 U.S.C. 4811 et seq. ), including— the effect of actions taken and planned to be taken by the Secretary of Commerce under the authority provided by that part; and the effectiveness of such actions in achieving the national security and foreign policy objectives of such actions. Upon the request of the Secretary of Commerce, the Director of National Intelligence shall expeditiously— carry out analysis of any matter relating to the national security of the United States that is relevant to a mission of the Department of Commerce; and consistent with the protection of sources and methods, make such analysis available to the Secretary and such individuals as the Secretary may designate to receive such analysis. The Director of National Intelligence shall identify a single office within the intelligence community to be responsible for supporting the missions of the Department of Commerce. A civil action challenging an action or finding of the Secretary of Commerce made on the basis of any classified or sensitive information made available to officials of the Department of Commerce pursuant to this section may be brought only in the United States Court of Appeals for the District of Columbia Circuit. If a civil action described in paragraph
(1)is brought, and the court determines that protected information in the administrative record, including classified or other information subject to privilege or protections under any provision of law, is necessary to resolve the civil action, that information shall be submitted ex parte and in camera to the court and the court shall maintain that information under seal. This paragraph does not confer or imply any right to judicial review. The following information may be included in the administrative record relating to an action or finding described in paragraph
(1)and shall be submitted only to the court ex parte and in camera: Sensitive security information, as defined by section 1520.5 of title 49, Code of Federal Regulations. Privileged law enforcement information. Information obtained or derived from any activity authorized under the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. ). Information subject to privilege or protection under any other provision of law. Any information that is part of the administrative record filed ex parte and in camera under subparagraph (A), or cited by the court in any decision in a civil action described in paragraph (1), shall be treated by the court consistent with the provisions of this subsection. In no event shall such information be released to the petitioner or as part of the public record. The use of information provisions of sections 106, 305, 405, and 706 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1806 , 1825, 1845, and 1881e) shall not apply in a civil action challenging an action or finding of the Secretary of Commerce made on the basis of information made available to officials of the Department of Commerce pursuant to this section. No provision of this section shall be construed to create a right to obtain access to information in the possession of the Federal Government that was considered in an action or finding of the Secretary of Commerce, including any classified information or sensitive but unclassified information. Any information made available to officials of the Department of Commerce pursuant to this section is exempt from disclosure under section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act ).
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Sec. 505
Support of intelligence community for export controls and other missions of the Department of Commerce
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