§ 2170b. Reports on foreign industrial espionage

(a) In general

(1) Submission and contents In order to assist Congress in its oversight functions with respect to this Act and to improve the awareness of United States industry of foreign industrial espionage and the ability of such industry to protect against such espionage, the President shall submit to Congress a report that describes, as of the time of the report, the following:

(A) The respective policy functions and operational roles of the agencies of the executive branch of the Federal Government in identifying and countering threats to United States industry of foreign industrial espionage, including the manner in which such functions and roles are coordinated.

(B) The means by which the Federal Government communicates information on such threats, and on methods to protect against such threats, to United States industry in general and to United States companies known to be targets of foreign industrial espionage.

(C) The specific measures that are being or could be undertaken in order to improve the activities referred to in subparagraphs (A) and (B), including proposals for any modifications of law necessary to facilitate the undertaking of such activities.

(D) The threat to United States industry of foreign industrial espionage and any trends in that threat, including—

(i) the number and identity of the foreign governments conducting foreign industrial espionage;

(ii) the industrial sectors and types of information and technology targeted by such espionage; and

(iii) the methods used to conduct such espionage.

(2) Date of submission

The President shall submit the report required under this subsection not later than six months after the date of the enactment of this Act [Oct. 14, 1994].

(b) Repealed. Pub. L. 112–87, title III, § 311(c)(1), Jan. 3, 2012, 125 Stat. 1886

(c) Form of reports

To the maximum extent practicable, the report referred to in subsection (a) shall be submitted in an unclassified form, but may be accompanied by a classified appendix.

(d) Omitted

(e) Definition

For the purposes of this section, “foreign industrial espionage” means industrial espionage conducted by a foreign government or by a foreign company with direct assistance of a foreign government against a private United States company and aimed at obtaining commercial secrets.

(Pub. L. 103–359, title VIII, § 809, Oct. 14, 1994, 108 Stat. 3454; Pub. L. 107–306, title VIII, § 811(b)(5)(A), Nov. 27, 2002, 116 Stat. 2423; Pub. L. 111–259, title III, § 347(h), Oct. 7, 2010, 124 Stat. 2699; Pub. L. 112–87, title III, § 311(c), Jan. 3, 2012, 125 Stat. 1886.)

References In Text

References in Text

This Act, referred to in subsec. (a)(1), is Pub. L. 103–359, Oct. 14, 1994, 108 Stat. 3423, known as the Intelligence Authorization Act for Fiscal Year 1995. For complete classification of this Act to the Code, see Tables.

Codification

Codification

Section is comprised of section 809 of Pub. L. 103–359. Subsec. (d) of section 809 of Pub. L. 103–359 amended section 2170 of this Appendix.

Section was enacted as part of the Counterintelligence and Security Enhancements Act of 1994 and also as part of the Intelligence Authorization Act for Fiscal Year 1995, and not as part of the Defense Production Act of 1950 which comprises sections 2061 to 2170, 2171, and 2172 of this Appendix.

Amendments

Amendments

2012—Subsec. (b). Pub. L. 112–87, § 311(c)(1), struck out subsec. (b) which related to biennial reports on the threat to United States industry of foreign industrial espionage.

Subsec. (c). Pub. L. 112–87, § 311(c)(2), substituted “report referred to in subsection (a)” for “reports referred to in subsections (a) and (b)”.

2010—Subsec. (b). Pub. L. 111–259 substituted “Biennial report” for “Annual update” in heading, added par. (1), redesignated par. (3) as (2), and struck out former par. (2). Prior to amendment, text of par. (2) read as follows: “Not later than April 14 each year, the President shall submit to the congressional leadership a report updating the information referred to in subsection (a)(1)(D).”

2002—Subsec. (b). Pub. L. 107–306 added subsec. (b) and struck out heading and text of former subsec. (b). Text read as follows: “Not later than one year after the date referred to in paragraph (2) of subsection (a), and on the expiration of each year thereafter, the President shall submit to Congress a report updating the information referred to in paragraph (1)(D) of that subsection.”