Sec. 842. REMOVAL OF NATIONAL INTEREST DETERMINATION REQUIREMENTS FOR CERTAIN ENTITIES

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## SEC. 842 REMOVAL OF NATIONAL INTEREST DETERMINATION REQUIREMENTS FOR CERTAIN ENTITIES **[**[10 U.S.C. 2536 note](/us/usc/t10/s2536)**]** ###

(a)In General Effective October 1, 2020, a covered NTIB entity operating under a special security agreement pursuant to the National Industrial Security Program shall not be required to obtain a national interest determination as a condition for access to proscribed information. ###

(b)Acceleration Authorized Notwithstanding the effective date of this section, the Secretary of Defense, in consultation with the Director of the Information Security Oversight Office, may waive the requirement to obtain a national interest determination for a covered NTIB entity operating under such a special security agreement that has— ####

(1)a demonstrated successful record of compliance with the National Industrial Security Program; and ####

(2)previously been approved for access to proscribed information. ###

(c)Definitions In this section: ####

(1)Covered ntib entity The term “covered NTIB entity” means a person that is a subsidiary located in the United States— #####

(A)for which the ultimate parent company and any intermediate parent companies of such subsidiary are located in a country that is part of the national technology and industrial base (as defined in section 2500 of title 10, United States Code); and #####

(B)that is subject to the foreign ownership, control, or influence requirements of the National Industrial Security Program. ####

(2)Proscribed information The term “proscribed information” means information that is— #####

(A)classified at the level of top secret; #####

(B)communications security information (excluding controlled cryptographic items when un-keyed or utilized with unclassified keys); #####

(C)restricted data (as defined in section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014)); #####

(D)special access program information under section 4.3 of Executive Order No. 13526 (75 Fed. Reg. 707; 50 U.S.C. 3161 note) or successor order; or #####

(E)designated as sensitive compartmented information. **[**Section 843 was repealed by section 811(b)(5)(C) of division A of Public Law 119–60.**]**

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