,i #aahth ,,congress #ast ,session ,h4 ,r4 #cacf ,,in ,,the ,,house ,,of ,,representatives ,may #i1 #bjbc,ms4 ,de,lauro 7for herself1 ,mr4 ,pascrell1 and ,mr4 ,fitzpatrick7 introduced the following bill2 which was referred to the ,committee on ,ways and ,means ,a ,,bill ,to require notification and review of ,united ,states investment in foreign countries that may threaten the national security of the ,united ,states1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,national ,critical ,capabilities ,defense ,act of #bjbc4 #b4 ,protection of national critical capabilities ,the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #baja et seq47 is amended by adding at the end the following3 ,x ,protection of ,national ,critical ,capabilities #ajja4 ,definitions ,in this title3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,finance1 the ,committee on ,banking1 ,housing1 and ,urban ,affairs1 the ,select ,committee on ,intelligence1 and the ,committee on ,foreign ,relations of the ,senate2 and 7,b7 the ,committee on ,ways and ,means1 the ,committee on ,financial ,services1 the ,permanent ,select ,committee on ,intelligence1 and the ,committee on ,foreign ,affairs of the ,house of ,representatives4 7#b7 ,country of concern ,the term country of concern means1 subject to such regulations as may be prescribed in accordance with section #ajjh1 any country the government of which is 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 persons1 such as the ,people's ,republic of ,china1 the ,russian ,federation1 ,iran1 ,north ,korea1 ,cuba1 and the regime of ,nicols ,maduro in ,venezuela4 7#c7 ,covered activity 7,a7 ,in general ,subject to such regulations as may be prescribed in accordance with section #ajjh1 and except as provided in subparagraph 7,b71 the term covered activity means any activity engaged in by a ,united ,states person in a national critical capabilities sector that involves-- 7i7 an acquisition of an equity interest or contingent equity interest1 or monetary capital contribution1 in a covered foreign entity1 directly or indirectly1 by contractual commitment or otherwise1 with the goal of generating income or gain2 7ii7 an arrangement for an interest in the short- or long-term debt obligations of a covered foreign entity that includes government rights that are characteristic of an equity investment1 management1 or other important rights2 7iii7 the establishment of a wholly owned subsidiary in a country of concern1 such as a greenfield investment1 for the purpose of production1 design1 testing1 manufacturing1 fabrication1 development1 or research related to one or more national critical capabilities sectors2 7iv7 the establishment of a joint venture in a country of concern or with a covered foreign entity for the purpose of production1 design1 testing1 manufacturing1 fabrication1 development1 or research involving one or more national critical capabilities sectors1 or other contractual or other commitments involving a covered foreign entity to jointly research and develop new innovation1 including through the transfer of capital or intellectual property or other business proprietary information2 7v7 the acquisition by a ,united ,states person with a covered foreign entity of-- 7,i7 operational cooperation1 such as through supply or support arrangements2 7,,ii7 the right to board representation 7as an observer1 even if limited1 or as a member7 or an executive role 7as may be defined through regulation7 in a covered foreign entity2 7,,iii7 the ability to direct or influence such operational decisions as may be defined through such regulations2 7,,iv7 formal governance representation in any operating affiliate1 like a portfolio company1 of a covered foreign entity2 or 7,v7 a new relationship to share or provide business services1 such as but not limited to financial services1 marketing services1 maintenance1 or assembly functions1 related to a national critical capabilities sector2 7vi7 any activity by a recipient or beneficiary of financial assistance1 including grants1 tax incentives1 or other types of funding1 with respect to a covered foreign entity or a country of concern2 7vii7 any activity with respect to a covered foreign entity or a country of concern by an entity that benefits from annual procurement of more than an amount to be determined in regulations prescribed in accordance with section #ajjh in goods or services by a ,united ,states national security agency2 or 7viii7 except as provided in subparagraph 7,b71 any other transaction involving a country of concern or with a covered foreign entity defined in regulations prescribed in accordance with section #ajjh4 7,b7 ,exceptions ,the term covered activity does not include-- 7i7 any transaction the value of which the ,committee determines is de minimis2 7ii7 any category of transactions that the ,committee determines is in the national interest of the ,united ,states1 as may be defined in regulations prescribed in accordance with section #ajjh2 or 7iii7 any ordinary business transaction as may be defined in such regulations4 7#d7 ,covered foreign entity 7,a7 ,in general ,subject to regulations prescribed in accordance with section #ajjh1 and except as provided in subparagraph 7,b71 the term covered foreign entity means-- 7i7 any entity that is incorporated in1 has a principal place of business in1 or is organized under the laws of a country of concern2 7ii7 any entity the equity securities of which are primarily traded on one or more exchanges in a country of concern2 7iii7 any entity in which any covered foreign entity holds1 individually or in the aggregate1 directly or indirectly1 an ownership interest of greater than #ej percent2 or 7iv7 any other entity that is not a ,united ,states person and that meets such criteria as may be specified by the ,committee in such regulations4 7,b7 ,exception ,the term covered foreign entity does not include any entity described in subparagraph 7,a7 that can demonstrate that a majority of the equity interest in the entity is ultimately owned by-- 7i7 nationals of the ,united ,states2 or 7ii7 nationals of such countries 7other than countries of concern7 as are identified for purposes of this subparagraph pursuant to regulations prescribed in accordance with section #ajjh4 7#e7 ,national critical capabilities sector ,subject to regulations prescribed in accordance with section #ajjh1 the term national critical capabilities sector includes sectors within the following areas1 as specified in such regulations3 7,a7 ,semiconductor manufacturing and advanced packaging4 7,b7 ,large-capacity batteries4 7,c7 ,critical minerals and materials4 7,d7 ,artificial intelligence4 7,e7 ,quantum information science and technology4 7,f7 ,active pharmaceutical ingredients4 7,g7 ,automobile manufacturing4 7,h7 ,any other sector as may be-- 7i7 determined by the ,president to be a national critical capabilities sector based on the significance of the sector to the national security of the ,united ,states2 and 7ii7 included in such definition by the ,president through such regulations4 7#f7 ,party ,the term party1 with respect to an activity1 has the meaning given that term in regulations prescribed in accordance with section #ajjh4 7#g7 ,united ,states ,the term ,united ,states means the several ,states1 the ,district of ,columbia1 and any territory or possession of the ,united ,states4 7#h7 ,united ,states person ,the term ,united ,states person means-- 7,a7 an individual who is a citizen or national of the ,united ,states or an alien lawfully admitted for permanent residence in the ,united ,states2 and 7,b7 any corporation1 partnership1 or other entity organized under the laws of the ,united ,states or the laws of any jurisdiction within the ,united ,states4 #ajjb4 ,administration of ,united ,states investment notification1 review1 and prohibition authority 7a7 ,establishment of ,committee on ,national ,critical ,capabilities 7#a7 ,in general ,the ,president shall establish an interagency committee to administer this title1 to be known as the ,committee on ,national ,critical ,capabilities 7in this title referred to as the ,committee74 7#b7 ,delegation ,the ,president may delegate the requirement under paragraph 7#a71 and all or any portion of the authorities and functions under this title1 to the head of an ,executive department 7as defined in section #aja of title #e1 ,united ,states ,code74 7b7 ,membership ,the following agencies shall be represented on the ,committee3 7#a7 ,the ,office of the ,united ,states ,trade ,representative4 7#b7 ,the ,department of ,commerce4 7#c7 ,the ,department of ,state4 7#d7 ,the ,department of the ,treasury4 7#e7 ,the ,department of ,homeland ,security4 7#f7 ,the ,department of ,defense4 7#g7 ,the ,office of ,science and ,technology ,policy4 7#h7 ,the ,department of ,justice4 7#i7 ,the ,department of ,energy4 7#aj7 ,the ,department of ,health and ,human ,services4 7#aa7 ,the ,department of ,agriculture4 7#ab7 ,the ,department of ,labor4 7#ac7 ,the ,office of the ,director of ,national ,intelligence4 7#ad7 ,any other ,federal agency the ,president determines appropriate1 generally1 or on a case-by-case basis4 7c7 ,designation as voting members ,the heads of the agencies specified in subsection 7b7 shall be voting members of the ,committee4 7d7 ,chairperson ,the head of the ,executive department to which the ,president delegates authority under subsection 7a7 shall serve as the chairperson of the ,committee4 7e7 ,consultations ,in carrying out the duties of the chairperson of the ,committee1 the chairperson shall consult with the ,united ,states ,trade ,representative1 the ,secretary of ,defense1 the ,secretary of ,commerce1 the ,secretary of ,state1 and the ,secretary of the ,treasury4 #ajjc4 ,mandatory notification of covered activities2 review and actions to mitigate risk 7a7 ,mandatory notification 7#a7 ,in general ,subject to regulations prescribed in accordance with section #ajjh1 beginning on the date that is #ij days after such regulations take effect1 a ,united ,states person that plans to engage in a covered activity shall submit to the ,committee a complete written notification of the activity not later than #ij days before the anticipated initiation date of the activity4 7#b7 ,circulation of notification 7,a7 ,in general ,the ,committee shall1 upon receipt of a notification under paragraph 7#a71 promptly inspect the notification for completeness1 and1 if complete1 immediately circulate the notification to each agency specified in section #ajjb7;b74 7,b7 ,incomplete notifications ,if a notification submitted under paragraph 7#a7 is incomplete1 the ,committee shall 1 unilaterally or at request of any member of the ,committee1 promptly inform the ,united ,states person that submits the notification that the notification is not complete and provide an explanation of relevant material respects in which the notification is not complete4 7,c7 ,referral to attorney general ,if the ,committee has reason to believe that a covered activity that is the subject of a notification submitted under paragraph 7#a7 may be prohibited under this title or regulations prescribed in accordance with section #ajjh1 the ,president may refer the notification to the ,attorney ,general for such action as the ,attorney ,general may determine to be proper4 7b7 ,review 7#a7 ,in general ,subject to regulations prescribed in accordance with section #ajjh1 the ,committee may1 beginning on the date that is #ahj days after the date on which such regulations take effect1 review a covered activity that is the subject of a notification under subsection 7a7 to determine if the activity poses a risk to the national security of the ,united ,states1 including by considering factors specified in section #ajjd4 7#b7 ,notice of review ,not later than #de days after receipt of a complete notification under subsection 7a71 the ,committee shall notify the ,united ,states person that submitted the notification of the decision of the ,committee with respect to whether to initiate a review under paragraph 7#a7 of the covered activity that is the subject of the notification4 7#c7 ,initiation of unilateral review ,the ,committee may initiate a unilateral review under paragraph 7#a7 of a covered activity for which notification is not submitted under subsection 7a74 7c7 ,mitigation 7#a7 ,in general ,if the ,committee has reason to believe that a covered activity that is the subject of a notification under subsection 7a7 or with respect to which the ,committee initiates a unilateral review under subsection 7b77#c7 poses a risk to the national security of the ,united ,states1 the ,committee may negotiate1 enter into or impose1 and enforce any agreement or condition with any party to the covered activity in order to mitigate any risk to the national security of the ,united ,states that arises as a result of the covered activity4 7#b7 ,abandonment of activities ,if a party to a covered activity has voluntarily chosen to abandon the activity1 the ,committee may negotiate1 enter into or impose1 and enforce any agreement or condition with any party to the covered activity for purposes of effectuating such abandonment and mitigating any risk to the national security of the ,united ,states that arises as a result of the covered activity4 7#c7 ,agreements and conditions relating to completed activities ,while the ,committee is conducting a review of a covered activity under subsection 7b71 the ,committee may negotiate1 enter into or impose1 and enforce any agreement or condition with any party to the covered activity in order to mitigate any interim risk to the national security of the ,united ,states that may arise as a result of the covered activity until such time that the ,committee has completed action with respect to the covered activity under this title4 7#d7 ,treatment of outdated agreements or conditions ,the ,committee shall periodically review the appropriateness of an agreement or condition imposed under paragraph 7#a71 7#b71 or 7#c7 in mitigating the risk identified under subsection 7b77#a7 and terminate1 phase out1 or otherwise amend the agreement or condition if a risk no longer requires mitigation through the agreement or condition4 7#e7 ,jurisdiction ,the provisions of section #gjf7;b7 shall apply to any mitigation agreement entered into or condition imposed under paragraph 7#a71 7#b71 or 7#c74 7d7 ,unilateral action by the ,committee ,to mitigate risk posed by a covered activity 7#a7 ,in general ,subject to paragraphs 7#b7 and 7#d71 the ,committee may take such action for such time as the ,committee considers appropriate to address any risk to the national security of the ,united ,states posed by a covered activity that is the subject of a notification under subsection 7a7 or with respect to which the ,committee initiates a unilateral review under subsection 7b77#c71 including-- 7,a7 approving the covered activity subject to a mitigation agreement entered into or conditions imposed under subsection 7c72 or 7,b7 if the ,committee attempts to mitigate the risk under subsection 7c7 and determines that mitigation is inadequate to protect the national security of the ,united ,states1 prohibiting the covered activity4 7#b7 ,seeking alternative enforcement ,the ,committee shall consider other existing measures to address any risk described in paragraph 7#a7 before taking any action under this subsection with respect to the covered activity4 7#c7 ,announcement by ,committee ,not later than #ij days after the date on which the ,committee initiates a review under subsection 7b71 the ,committee shall announce the decision of the ,committee with respect to whether the ,committee plans to take action pursuant to paragraph 7#a74 7#d7 ,findings by ,committee ,the ,committee may exercise the authority under paragraph 7#a7 with respect to a covered activity only if the ,committee finds that-- 7,a7 there is credible evidence that leads the ,committee to believe that the covered activity poses a risk to the national security of the ,united ,states2 and 7,b7 provisions of law 7other than this subsection and the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq477 do not1 in the judgment of the ,committee provide adequate and appropriate authority for the ,committee to protect the national security with respect to the covered activity4 7#e7 ,factors to be considered ,for purposes of determining whether to take action under paragraph 7#a71 the ,committee shall consider1 among other factors1 each of the factors described in section #ajjd1 as appropriate4 7#f7 ,public disclosure ,the ,committee shall publish in the ,federal ,register a notice of each exercise of the authority under paragraph 7#a74 7e7 ,authority ,to prohibit and regulate covered activities 7#a7 ,authority 7,a7 ,in general ,subject to regulations prescribed in accordance with section #ajjh1 and except as provided by paragraph 7#b71 the ,committee may1 on or after the date of the enactment of this title1 prohibit or regulate any covered activity or category of covered activities by any person1 or with respect to any property1 subject to the jurisdiction of the ,united ,states4 7,b7 ,criteria ,in exercising the authority under subparagraph 7,a7 with respect to a covered activity or category of covered activities1 the ,president may use-- 7i7 criteria based on-- 7,i7 the nature of the covered activity or category of covered activities2 7,,ii7 the nature of the covered foreign entity involved in the covered activity or category of covered activities1 including the country of concern associated with the covered foreign entity2 or 7,,iii7 the nature of the national critical capabilities sector involved in the covered activity or category of covered activities2 or 7ii7 such other criteria as the ,committee determines may result in a covered activity or category of covered activities posing a risk to the national security of the ,united ,states4 7#b7 ,exceptions ,the ,committee1 pursuant to regulations prescribed in accordance with section #ajjh-- 7,a7 may not prohibit under paragraph 7#a7 a covered activity or category of covered activities for the conduct of the official business of the ,federal ,government1 the ,united ,nations1 or international financial institutions or multilateral development banks 7including their specialized agencies1 programs1 funds1 and related organizations71 or by employees1 grantees1 or contractors thereof2 and 7,b7 may authorize orders1 directives1 or licenses to permit a covered activity otherwise prohibited under paragraph 7#a71 as the ,committee determines appropriate4 7f7 ,confidentiality of information 7#a7 ,in general ,except as provided in paragraph 7#b71 any information or documentary material and any information or materials derived from such information or documentary materials filed with the ,committee pursuant to this section shall be exempt from disclosure under section #eeb of title #e1 ,united ,states ,code1 and no such information or documentary material may be made public4 7#b7 ,exceptions ,the exemption from disclosure provided by paragraph 7#a7 shall not prevent the disclosure of the following3 7,a7 ,information relevant to any administrative or judicial action or proceeding4 7,b7 ,information to ,congress or any duly authorized committee or subcommittee of ,congress4 7,c7 ,information important to the national security analysis or actions of the ,president to any domestic governmental entity1 or to any foreign governmental entity of an ally or partner of the ,united ,states1 under the exclusive direction and authorization of the ,president1 only to the extent necessary for national security purposes1 and subject to appropriate confidentiality and classification requirements4 7,d7 ,information that the parties have consented to be disclosed to third parties4 7g7 ,recordkeeping ,in taking action under this section with respect to a covered activity1 the ,committee may require any person-- 7#a7 to keep a full record of1 and to furnish under oath1 in the form of reports or otherwise1 complete information relative to the covered activity before1 during1 or after the completion of the covered activity1 or as may be otherwise necessary to enforce the provisions of this title2 and 7#b7 to produce any books of account1 records1 contracts1 letters1 memoranda1 or other papers relative to the covered activity in the custody or control of the person4 #ajjd4 ,factors to be considered ,the ,committee1 in reviewing and making a determination with respect to a covered activity under section #ajjc1 shall consider any factors relating to the national security of the ,united ,states that the ,committee considers relevant1 which may include-- 7#a7 the economic1 intelligence1 military1 health1 or agricultural interests of the ,united ,states2 7#b7 the history of distortive or predatory trade-related practices in each country in which a covered activity occurs2 7#c7 control and beneficial ownership 7as determined in accordance with section #hdg of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjbj 7,public ,law #aaf-ib2 #aj ,u4,s4,c4 #dhai note77 of each covered foreign entity that is a party to the covered activity2 7#d7 the impact on the domestic industry and resulting resiliency1 including the domestic human capital and supply chains1 taking into consideration any pattern of foreign investment in the domestic industry2 7#e7 whether the covered activity could1 directly or indirectly1 support1 enhance1 or enable the capabilities of a country of concern or a covered foreign entity2 and 7#f7 any additional national security factors identified in regulations prescribed in accordance with section #ajjh4 #ajje4 ,supply chain sensitivities ,the ,committee shall determine the sensitivities and risks for sourcing of goods1 materials1 and technologies needed for national critical capabilities sectors in the ,united ,states1 in accordance with the following3 7#a7 ,the sourcing of least concern shall be for goods1 materials1 and technologies sourced1 and supply chains housed1 in whole within countries that are allies of the ,united ,states4 7#b7 ,the sourcing of greater concern shall be for goods1 materials1 and technologies sourced1 and supply chains housed in part within countries of concern or from a covered foreign entity but for which substitute production is available from elsewhere at required scale to meet the needs of the ,united ,states1 including in terms of surge capacity4 7#c7 ,the sourcing of greatest concern shall be for goods1 materials1 and technologies sourced1 and supply chains housed1 wholly or in part1 in countries of concern or from a covered foreign entity and for which substitute production is unavailable elsewhere at required scale4 #ajjf4 ,reporting requirements 7a7 ,in general ,not later than #cfj days after the date on which the regulations prescribed under section #ajjh take effect1 and not less frequently than every #ij days thereafter1 the ,committee shall submit to the appropriate congressional committees a report-- 7#a7 on the determination under section #ajje with respect to sensitivities and risks for sourcing of goods1 materials1 and technologies described in that section2 7#b7 providing1 for the year preceding submission of the report-- 7,a7 a summary of the notifications received under subsection 7a7 of section #ajjc and reviews conducted pursuant to such notifications2 7,b7 a summary of reviews initiated under paragraph 7#a7 or 7#c7 of subsection 7b7 of that section2 7,c7 a description of reviews during which the ,committee determined no action was required2 and 7,d7 a summary of-- 7i7 mitigation agreements entered into and conditions imposed under subsection 7c7 of that section2 and 7ii7 other existing1 relevant mitigation measures that could be used to mitigate the risk2 and 7#c7 assessing the overall impact of such reviews on national critical capabilities sectors1 which may include recommendations on-- 7,a7 expansion of ,federal programs to support or protect the production or supply of national critical capabilities sectors in the ,united ,states1 including the potential of existing legal authorities to address any related national security concerns2 7,b7 investments to enhance national critical capabilities sectors and reduce dependency on countries of concern2 and 7,c7 the continuation1 expansion1 or modification of the ,committee4 7b7 ,report on sectors ,not less frequently than annually1 the ,committee shall submit to the appropriate congressional committees a report describing-- 7#a7 the sectors determined by the ,president to be national critical capabilities sectors under section #ajja7e77;,h72 and 7#b7 the reasons why each such sector was determined to be a national critical capabilities sector4 7c7 ,form of report ,each report required by this section shall be submitted in unclassified form1 but may include a classified annex4 #ajjg4 ,penalties and enforcement 7a7 ,penalties 7#a7 ,unlawful acts ,subject to regulations prescribed in accordance with section #ajjh1 it shall be unlawful-- 7,a7 to engage in a covered activity prohibited under this title or pursuant to such regulations2 7,b7 to fail to submit a notification under subsection 7a7 of section #ajjc with respect to a covered activity or to submit other information as required by the ,committee2 7,c7 to make a material misstatement or to omit a material fact in any information submitted to the ,committee under this title2 7,d7 to breach or violate a mitigation agreement entered into or condition imposed under subsection 7c7 of that section2 or 7,e7 to engage in any activity that evades or avoids1 has the purpose of evading or avoiding1 causes a violation of1 or attempts to violate a prohibition under this title or pursuant to such regulations4 7#b7 ,civil penalties ,a civil penalty may be imposed on any person who commits an unlawful act described in paragraph 7#a7 in an amount not to exceed the greater of-- 7,a7 #bej1jjj2 or 7,b7 an amount that is twice the amount of the covered activity that is the basis of the violation with respect to which the penalty is imposed4 7b7 ,enforcement ,the ,president may direct the ,attorney ,general to seek appropriate relief1 including divestment relief1 in the district courts of the ,united ,states1 in order to implement and enforce this title4 #ajjh4 ,requirement for regulations 7a7 ,in general ,not later than #cfj days after the date of the enactment of this title1 the ,committee shall finalize regulations to carry out this title4 7b7 ,elements ,regulations prescribed to carry out this title shall include specific examples of the types of-- 7#a7 activities that will be considered to be covered activities2 and 7#b7 the specific sectors and subsectors that may be considered to be national critical capabilities sectors1 at the discretion of the ,committee4 7c7 ,requirements for certain regulations 7#a7 ,in general ,the ,committee shall prescribe regulations further defining the terms used in this title1 including covered activity1 covered foreign entity1 and party1 in accordance with subchapter ,,ii of chapter #e and chapter #g of title #e1 ,united ,states ,code 7commonly known as the ,administrative ,procedure ,act74 7#b7 ,modifications to countries of concern ,the ,committee shall prescribe regulations with respect to modifying the definition of the term country of concern4 ,such regulations shall establish a process for removing from the definition of that term a country that no longer meets the criteria under section #ajja7b74 7d7 ,public participation in rulemaking ,the provisions of section #gji shall apply to any regulations issued under this title4 #ajji4 ,judicial review 7a7 ,in general ,except as provided in this section1 and notwithstanding any other provision of law1 an action taken under this title1 or any action taken by an ,executive department 7as defined in section #aja of title #e1 ,united ,states ,code7 to implement such an action1 shall not be subject to administrative review or judicial review1 including bid protests before the ,government ,accountability ,office or in any ,federal court4 7b7 ,civil actions ,a civil action challenging an action or finding under this title may be brought only in the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit4 ,not later than #fj days after a party is notified of an action by the ,committee under this title1 the party may file a petition for judicial review in the ,united ,states ,court of ,appeals for the ,district of ,columbia claiming that the action is unlawful4 7c7 ,standard of review ,the court shall hold an action unlawful in response to a petition that the court finds to be arbitrary1 capricious1 an abuse of discretion1 or otherwise not in accordance with law4 7d7 ,exclusive jurisdiction and remedy ,the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit shall have exclusive jurisdiction over claims arising under this title against the ,united ,states1 any ,united ,states department or agency1 or any component or official of any such department or agency1 subject to review by the ,supreme ,court of the ,united ,states under section #abed of title #bh1 ,united ,states ,code4 ,a determination by the court under this section shall be the exclusive judicial remedy for any claim described in this section against the ,united ,states1 any ,united ,states department or agency1 or any component or official of any such department or agency4 7e7 ,administrative record and procedures 7#a7 ,in general ,the procedures described in this subsection shall apply to the review of a petition under this section4 7#b7 ,administrative record 7,a7 ,filing of record ,the ,united ,states shall file with the court an administrative record1 which shall consist of the information that the ,committee relied upon in taking an action under this title4 7,b7 ,unclassified1 nonprivileged information ,all unclassified information contained in the administrative record that is not otherwise privileged or subject to statutory protections shall be provided to the petitioner with appropriate protections for any privileged or confidential trade secrets and commercial or financial information4 7,c7 ,in camera and ex parte ,the following information may be included in the administrative record and shall be submitted only to the court ex parte and in camera3 7i7 ,classified information4 7ii7 ,sensitive security information1 as defined by section #aebj4e of title #di1 ,code of ,federal ,regulations 7or any successor regulation74 7iii7 ,privileged law enforcement information4 7iv7 ,information obtained or derived from any activity authorized under the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq471 except that1 with respect to such information1 subsections 7c71 7e71 7f71 7g71 and 7h7 of section #ajf 7#ej ,u4,s4,c4 #ahjf71 subsections 7d71 7f71 7g71 7h71 and 7i7 of section #cje 7#ej ,u4,s4,c4 #ahbe71 subsections 7c71 7e71 7f71 7g71 and 7h7 of section #dje 7#ej ,u4,s4,c4 #ahde71 and section #gjf 7#ej ,u4,s4,c4 #ahha;e7 of that ,act shall not apply4 7v7 ,information subject to privilege or protections under any other provision of law4 7,d7 ,under seal ,any information that is part of the administrative record filed ex parte and in camera under subparagraph 7,c71 or cited by the court in any decision1 shall be treated by the court consistent with the provisions of this paragraph and shall remain under seal and preserved in the records of the court to be made available consistent with those provisions in the event of further proceedings4 ,in no event shall such information be released to the petitioner or as part of the public record4 7f7 ,return ,after the expiration of the time to seek further review1 or the conclusion of further proceedings1 the court shall return the administrative record1 including any and all copies1 to the ,united ,states4 7g7 ,rule of construction ,nothing in this section shall be construed as limiting1 superseding1 or preventing the invocation of1 any privileges or defenses that are otherwise available at law or in equity to protect against the disclosure of information4 7h7 ,definitions ,in this subsection1 the term classified information-- 7#a7 has the meaning given that term in section #a7;a7 of the ,classified ,information ,procedures ,act 7#ah ,u4,s4,c4 ,app472 and 7#b7 includes-- 7,a7 any information or material that has been determined by the ,united ,states ,government pursuant to an ,executive order1 statute1 or regulation to require protection against unauthorized disclosure for reasons of national security2 and 7,b7 any ,restricted ,data1 as defined in section #aa of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bjad74 #ajaj4 ,multilateral engagement and coordination 7a7 ,in general ,the ,president1 in coordination with the ,united ,states ,trade ,representative1 the ,secretary of ,commerce1 the ,secretary of ,state1 and the ,secretary of the ,treasury1 shall-- 7#a7 in coordination and consultation with relevant ,federal agencies1 conduct bilateral and multilateral engagement with the governments of countries that are allies and partners of the ,united ,states to secure coordination of protocols and procedures with respect to covered activities with countries of concern and covered foreign entities2 and 7#b7 upon adoption of protocols and procedures described in paragraph 7#a71 work with those governments to establish mechanisms for sharing information1 including trends1 with respect to such activities4 7b7 ,strategy for development of outbound review mechanisms ,the ,committee1 in consultation with the ,attorney ,general1 shall-- 7#a7 develop a strategy to work with countries that are allies and partners of the ,united ,states to develop mechanisms comparable to this title for the review of covered activities2 and 7#b7 provide technical assistance to those countries with respect to the development of those mechanisms4 #ajaa4 ,authorization of appropriations 7a7 ,in general ,there are authorized to be appropriated such sums as may be necessary to carry out this title1 including to provide outreach to industry and persons affected by this title4 7b7 ,hiring authority ,the head of any agency specified in section #ajjb7;b7 may appoint1 without regard to the provisions of sections #ccji through #ccah of title #e1 ,united ,states ,code1 candidates directly to positions in the competitive service 7as defined in section #bajb of that title7 in that agency4 ,the primary responsibility of individuals in positions authorized under the preceding sentence shall be to administer this title4 #ajab4 ,rule of construction with respect to free and fair commerce ,nothing in this title may be construed to restrain or deter foreign investment in the ,united ,states1 ,united ,states investment abroad1 or trade in goods or services1 if such investment and trade do not pose a risk to the national security of the ,united ,states4 4