Sec. 503. Threats posed by information and communications technology and services transactions and other activities

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In this section: The term covered transaction means a transaction reviewed under authority established under Executive Order 13873, Executive Order 13984, Executive Order 14034, or any successor order. The term emerging and foundational technologies means emerging and foundational technologies described in section 1758(a)(1) of the Export Control Reform Act of 2018 ( 50 U.S.C. 4817(a)(1) ). The term Executive Order 13873 means Executive Order 13873 (84 Fed. Reg. 22689; relating to securing information and communications technology and services supply chain).

The term Executive Order 13984 means Executive Order 13984 (86 Fed. Reg. 6837; relating to taking additional steps to address the national emergency with respect to significant malicious cyber-enabled activities). The term Executive Order 14034 means Executive Order 14034 (84 Fed. Reg. 31423; relating to protecting Americans' sensitive data from foreign adversaries). The term significant transaction means a covered transaction that— involves emerging or foundational technologies; poses an undue or unacceptable risk to national security; and involves— an individual who acts as an agent, representative, or employee, or any individual who acts in any other capacity at the order, request, or under the direction or control, of a foreign adversary or of an individual whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized in whole or in majority part by a foreign adversary; any individual, wherever located, who is a citizen or resident of a nation-state controlled by a foreign adversary; any corporation, partnership, association, or other organization organized under the laws of a nation-state controlled by a foreign adversary; or any corporation, partnership, association, or other organization, wherever organized or doing business, that is owned or controlled by a foreign adversary.

The Director of National Intelligence shall expeditiously carry out a threat assessment of each significant transaction. Each assessment required by paragraph

(1)shall include the identification of any recognized gaps in the collection of intelligence relevant to the assessment. The Director of National Intelligence shall seek and incorporate into each assessment required by paragraph

(1)the views of all affected or appropriate elements of the intelligence community with respect to the significant transaction or class of significant transactions. The Director of National Intelligence shall provide an assessment required by paragraph

(1)to such agency heads and committees of Congress as the Director considers appropriate, as necessary, to implement Executive Order 13873, Executive Order 13984, Executive Order 14034, or any successor order. The Director of National Intelligence shall ensure that the intelligence community remains engaged in the collection, analysis, and dissemination to such agency heads as the Director considers appropriate of any additional relevant information that may become available during the course of any investigation or review process conducted under authority established under Executive Order 13873, Executive Order 13984, Executive Order 14034, or any successor order. The collection, analysis, and dissemination of information described in paragraph

(1)shall include routine assessments of the following: The intent, capability, and operations of foreign adversaries as related to a significant transaction or class of significant transactions. Supply chains and procurement networks associated with the procurement of emerging and foundational technologies by foreign adversaries. Emerging and foundational technologies pursued by foreign adversaries, including information on prioritization, spending, and technology transfer measures. The intent, capability, and operations of the use by malicious cyber actors of infrastructure as a service

(IaaS)against the United States. The impact on the intelligence community of a significant transaction or class of significant transactions. If a civil action challenging an action or finding under Executive Order 13873, Executive Order 13984, Executive Order 14034, or any successor order is brought, and the court determines that protected information in the administrative record relating to the action or finding, including classified or other information subject to privilege or protections under any provision of law, is necessary to resolve the 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 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 described in paragraph (1). No provision of this section may be construed to create a right to obtain access to information in the possession of the Federal Government that was considered by the Secretary of Commerce under authority established under Executive Order 13873, Executive Order 13984, Executive Order 14034, or any successor order, including any classified information or sensitive but unclassified information. The following information may be included in the administrative record relating to an action or finding described in subsection (d)(1) and shall be submitted only to the court ex parte and in camera: Sensitive security information, as defined in 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. ), except that, with respect to such information, subsections (c), (e), (f), (g), and

(h)of section 106 ( 50 U.S.C. 1806 ), subsections (d), (f), (g), (h), and

(i)of section 305 ( 50 U.S.C. 1825 ), subsections (c), (e), (f), (g), and

(h)of section 405 ( 50 U.S.C. 1845 ), and section 706 ( 50 U.S.C. 1881e ) of that Act shall not apply. Information subject to privilege or protection under any other provision of law, including the Currency and Foreign Transactions Reporting Act of 1970 ( 31 U.S.C. 5311 et seq. ). Any information that is part of the administrative record filed ex parte and in camera under subsection (d)(1), or cited by the court in any decision in a civil action described in such subsection, shall be treated by the court consistent with the provisions of this section. In no event shall such information be released to the petitioner or as part of the public record. Any information submitted to the Federal Government by a party to a covered transaction in accordance with this section, as well as any information the Federal Government may create relating to review of the covered transaction, 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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