Sec. 602. Establishment of interagency national security review process

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Part A of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 901 et seq. ), as amended by the preceding provisions of this Act, is further amended by adding at the end the following: Not later than 180 days after the date of the enactment of this section, the Under Secretary, in coordination with the head of each appropriate Federal entity, shall develop and issue procedures for, and establish, an interagency review process (which shall include each appropriate Federal entity) that considers the law enforcement and national security policy implications of the approval of a covered application that may arise from the foreign ownership interests held in the covered applicant that submitted the covered application.

Any covered application pending before the Commission that was submitted by a covered applicant with more than the threshold foreign ownership limit, after the covered applicant declines an opportunity to remedy the foreign ownership of the covered applicant, is subject to review under the review process established pursuant to subsection (a). The Commission shall refer any covered application subject to the review process established pursuant to subsection

(a)to the Under Secretary promptly after the Commission determines that the covered application, under the rules and regulations of the Commission, is complete. The Commission may refer for review under the review process established pursuant to subsection

(a)any other request for action by the Commission for which the Commission determines review is necessary under such process. Not later than 120 days after the date on which the Under Secretary receives a referral from the Commission pursuant to paragraph (1)— the review of the covered application or other request under the review process established pursuant to subsection

(a)shall be completed; the Under Secretary, in coordination with the head of each appropriate Federal entity, shall make a determination— to recommend to the Commission that the Commission grant, grant conditioned on mitigation, or deny the covered application or other request; or that the Under Secretary cannot make a recommendation with respect to the covered application or other request; and if the Under Secretary determines under clause

(ii)that the Under Secretary cannot make a recommendation with respect to the covered application or other request, the President shall make a determination to recommend to the Commission that the Commission grant, grant conditioned on mitigation, or deny the covered application or other request. The Under Secretary, in coordination with the head of each appropriate Federal entity, may extend the deadline described in subparagraph

(A)an additional 45 days. If the Under Secretary, in coordination with the head of each appropriate Federal entity, extends the deadline pursuant to subparagraph (B), the Under Secretary shall notify the covered applicant or other requesting party of the extension. Not later than 3 days (excepting Saturdays, Sundays, and legal holidays) after the Under Secretary or the President (as the case may be) makes a determination under paragraph (2)(A) to recommend that the Commission grant, grant conditioned on mitigation, or deny the application or other request, the Under Secretary shall notify, in writing, the Commission and the covered applicant or other requesting party of the determination. Not later than 5 days (excepting Saturdays, Sundays, and legal holidays) after receiving an inquiry from a covered applicant or other requesting party for an update with respect to the status of the review of the covered application or other request of the covered applicant or other requesting party that was referred by the Commission for review under the review process established pursuant to subsection (a), the Under Secretary, in coordination with the head of each appropriate Federal entity, shall provide, consistent with the protection of classified information and intelligence sources and methods, a complete and accurate written response to the covered applicant or other requesting party, the Commission, and the appropriate congressional committees. With respect to the review process established pursuant to subsection (a), the Under Secretary, in coordination with the head of each appropriate Federal entity, shall establish a list of questions requesting written information from a covered applicant or other requesting party that shall be made publicly available and posted on the internet website of the NTIA. Such questions shall, to the maximum extent possible, be standardized for any potential covered applicant or other requesting party. Not later than 10 days after the date on which the Under Secretary, in coordination with the head of each appropriate Federal entity, requests information from a covered applicant or other requesting party, the covered applicant or other requesting party shall submit, in writing, to the NTIA complete and accurate responses. Except as provided in paragraph (2), any information or documentary material provided to the Under Secretary under the review process established pursuant to subsection

(a)shall be exempt from disclosure under section 552 of title 5, United States Code, and no such information or documentary material may be made public. Paragraph

(1)does not prohibit disclosure of the following: Information disclosed for purposes of an administrative or judicial action or proceeding. Information disclosed to Congress or a duly authorized committee or subcommittee of Congress. Information disclosed to a domestic governmental entity, or to a foreign governmental entity of a United States ally or partner, under the exclusive direction and authorization of the Under Secretary, only to the extent necessary for national security purposes and subject to appropriate confidentiality and classification requirements. Information disclosed to a third party by mutual agreement of a covered applicant and the Under Secretary, in consultation with appropriate Federal entities. Except as provided in subsection (d), nothing in this section may be construed as limiting, superseding, or preventing the invocation of any privileges or defenses that are otherwise available at law or in equity to protect against the disclosure of information. In this section: The term appropriate congressional committees means the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. The term appropriate Federal entities means the following: The Department of Commerce. The Department of Defense. The Department of Homeland Security. The Department of Justice. The Department of the Treasury. The Department of State. The United States Trade Representative. The Federal Bureau of Investigation. The Executive Office of the President. The Office of the Director of National Intelligence. The term classified information means any information or material that has been determined by the Federal Government pursuant to an Executive order, statute, or regulation, to require protection against unauthorized disclosure for reasons of national security. The term covered applicant means an entity seeking approval of a covered application from the Commission. The term covered application means— an application under section 214(a) of the Communications Act of 1934 ( 47 U.S.C. 214(a) ) for authorization to undertake the construction of a new line or of an extension of any line, or to acquire or operate any line, or extension thereof, or to engage in transmission over or by means of such additional or extended line; an application under the Act titled An Act relating to the landing and operation of submarine cables in the United States, approved May 27, 1921 ( 47 U.S.C. 34 et seq. ; 42 Stat. 8) for— a submarine cable landing license; or an assignment or transfer of control of a submarine cable landing license; or an application for a new license, or for the transfer, assignment, or disposal of an existing license under section 310(d) of the Communications Act of 1934 ( 47 U.S.C. 310(d) ), that is— subject to approval by the Commission under section 310(b)(4) of such Act ( 47 U.S.C. 310(b)(4) ); or eligible, under the rules of the Commission, for forbearance under section 10 of such Act ( 47 U.S.C. 160 ) from the application of paragraph (1), (2), or

(3)of section 310(b) of such Act ( 47 U.S.C. 310(b) ). The term covered application does not include the following: An application described in subparagraph

(A)with respect to which the applicant seeks to transfer, assign, or otherwise dispose of an authorization or license to an entity that— is owned or controlled by such applicant; owns or controls such applicant; or is under common ownership or control with such applicant. An application described in subparagraph

(A)with respect to which the applicant— is an applicant that has been previously approved under the review process established pursuant to subsection (a); and at the time of such application does not have a level of foreign ownership that is more than 5 percent greater than the level of foreign ownership of such applicant— except as provided in item (bb), at any time such applicant was previously approved under the review process established pursuant to subsection (a); or if such applicant has been subjected to the review process established pursuant to subsection

(a)as a result of exceeding a level of foreign ownership pursuant to this clause, at the time such applicant was most recently approved under such review process after having been subjected to such review process as a result of exceeding a level of foreign ownership pursuant to this clause. The term threshold foreign ownership limit means foreign ownership of, as applicable— at least the amount determined by the Commission under section 214(a) of the Communications Act of 1934 ( 47 U.S.C. 214(a) ), in the case of an application described in paragraph (5)(A) of this subsection; any amount, in the case of an application described in paragraph (5)(B) of this subsection; or at least an amount sufficient for section 310(b) of such Act ( 47 U.S.C. 310(b) ) to apply, in the case of an application described in paragraph (5)(C) of this subsection. . This section, and the amendment made by this section, shall apply to any covered application (as such term is defined in section 110B of the National Telecommunications and Information Administration Organization Act, as added by subsection (a)) filed on or after the date on which the review process is established pursuant to such section 110B.

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Sec. 602

Establishment of interagency national security review process

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