(3) by inserting after subparagraph (A) the fol-
lowing: 
‘‘(B) BASIC THREAT INFORMATION.— 
‘‘(i) IN
GENERAL.—The Director of 
National Intelligence may provide the 
Committee with basic information regard-
ing any threat to the national security of 
the United States posed by a covered 
transaction described in clause (ii) instead 
of conducting the analysis required by sub-
paragraph (A). 
‘‘(ii) COVERED
TRANSACTION
DE-
SCRIBED.—A covered transaction is de-
scribed in this clause if— 
‘‘(I) the transaction is described 
in subsection (a)(5)(B)(ii); 
‘‘(II) the Director of National In-
telligence has completed an analysis 
pursuant to subparagraph (A) involv-
ing each foreign person that is a party 
to the transaction during the 12 
months preceding the review or inves-
tigation of the transaction under this 
section; or 
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‘‘(III) the transaction otherwise 
meets criteria agreed upon by the 
Committee and the Director of Na-
tional Intelligence for purposes of this 
subparagraph.’’; 
(4) in subparagraph (C), as redesignated by 
paragraph (2), by striking ‘‘20’’ and inserting ‘‘30’’; 
and 
(5) by adding at the end the following: 
‘‘(F) ASSESSMENT
OF
OPERATIONAL
IM-
PACT.—The Director may provide to the Com-
mittee an assessment, separate from the anal-
yses under subparagraphs (A) and (B), of any 
operational impact of a covered transaction on 
the intelligence community and a description of 
any actions that have been or will be taken to 
mitigate any such impact. 
‘‘(G) SUBMISSION
TO
CONGRESS.—The 
Committee shall submit the analysis required by 
subparagraph (A) with respect to a covered 
transaction to the Select Committee on Intel-
ligence of the Senate and the Permanent Select 
Committee on Intelligence of the House of Rep-
resentatives upon the conclusion of action under 
this section (other than compliance reviews 
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under subsection (l)(6)) with respect to the 
transaction.’’. 
SEC. 12. INFORMATION SHARING. 
Section 721(c) of the Defense Production Act of 1950 
(50 U.S.C. 4565(c)) is amended— 
(1) by striking ‘‘Any information’’ and inserting 
the following: 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), any information’’; 
(2) by striking ‘‘, except as may be relevant’’ 
and all that follows and inserting a period; and 
(3) by adding at the end the following: 
‘‘(2) EXCEPTIONS.—Paragraph (1) shall not 
prohibit the disclosure of the following: 
‘‘(A) Information relevant to any adminis-
trative or judicial action or proceeding. 
‘‘(B) Information to either House of Con-
gress or to any duly authorized committee or 
subcommittee of Congress. 
‘‘(C) Information to any domestic or for-
eign governmental entity, under the direction of 
the chairperson, to the extent necessary for na-
tional security purposes and pursuant to appro-
priate confidentiality and classification arrange-
ments. 
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‘‘(D) Information that the parties have 
consented to be disclosed to third parties.’’. 
SEC. 13. ACTION BY THE PRESIDENT. 
(a) IN GENERAL.—Section 721(d) of the Defense 
Production Act of 1950 (50 U.S.C. 4565(d)) is amend-
ed— 
(1) by striking paragraph (1) and inserting the 
following: 
‘‘(1) IN GENERAL.—Subject to paragraph (4), 
the President may, with respect to a covered trans-
action that threatens to impair the national security 
of the United States— 
‘‘(A) take such action for such time as the 
President considers appropriate to suspend or 
prohibit the transaction or to require divest-
ment; and 
‘‘(B) in conjunction with taking any such 
action, take any additional action the President 
considers appropriate to address the risk to the 
national security of the United States identified 
during the review and investigation of the 
transaction under this section.’’; and 
(2) in paragraph (2), by striking ‘‘not later 
than 15 days’’ and all that follows and inserting the 
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following: ‘‘with respect to a covered transaction not 
later than 15 days after the earlier of— 
‘‘(A) the date on which the investigation of 
the transaction under subsection (b) is com-
pleted; or 
‘‘(B) the date on which the Committee oth-
erwise refers the transaction to the President 
under subsection (l)(2).’’. 
(b) CIVIL PENALTIES.—Section 721(h)(3)(A) of the 
Defense 
Production 
Act 
of 
1950 
(50 
U.S.C. 
4565(h)(3)(A)) is amended by striking ‘‘including any 
mitigation’’ and all that follows through ‘‘subsection (l)’’ 
and inserting ‘‘including any mitigation agreement entered 
into, conditions imposed, or order issued pursuant to this 
section’’. 
SEC. 14. JUDICIAL REVIEW PROCEDURES. 
Section 721(e) of the Defense Production Act of 1950 
(50 U.S.C. 4565) is amended to read as follows: 
‘‘(e) ACTIONS AND FINDINGS NONREVIEWABLE.— 
‘‘(1) ACTIONS AND FINDINGS OF THE PRESI-
DENT.—The actions and findings of the President or 
the President’s designee under this section shall not 
be subject to judicial review, including claims under 
chapter 7 of title 5, United States Code. 
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‘‘(2) ACTIONS
AND
FINDINGS
OF
THE
COM-
MITTEE.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the actions and findings of 
the Committee under subsection (b) or (l), and 
any assessment of penalties or use of enforce-
ment authorities under this section, shall not be 
subject to judicial review, including claims 
under chapter 7 of title 5, United States Code. 
‘‘(B) PETITIONS.— 
‘‘(i) DEFINITION.—In this subpara-
graph, the term ‘classified information’ 
means any information or material that 
has been determined by the United States 
Government pursuant to an Executive 
order, statute, or regulation to require pro-
tection against unauthorized disclosure for 
reasons of national security and any re-
stricted data, as defined in section 11 of 
the Atomic Energy Act of 1954 (42 U.S.C. 
2014). 
‘‘(ii) PETITION.— 
‘‘(I) IN
GENERAL.—Except as 
provided in subclause (II), not later 
than 60 days after the date on which 
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the President or the Committee takes 
an action with respect to the covered 
transaction, any party to the covered 
transaction may file a petition under 
this subparagraph alleging that the 
action of the Committee is a violation 
of a constitutional right, power, privi-
lege, or immunity. 
‘‘(II) NOTIFICATION.—No party 
to a covered transaction shall be per-
mitted to file a petition or any claim 
related to a petition under subclause 
(I) unless— 
‘‘(aa) the party initiated the 
review of the transaction pursu-
ant to a written notice filed 
under clause (i) of subsection 
(b)(1)(C) or a declaration filed 
under clause (v) of that sub-
section or the Committee deter-
mines that such a notice or dec-
laration was not required; and 
‘‘(bb) the Committee has 
completed all action under this 
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section with respect to the trans-
action. 
‘‘(III) RELATED
CLAIMS.—Any 
claims related to a petition filed under 
this clause shall be filed before the 
date described in subclause (I). 
‘‘(iii) EXCLUSIVE JURISDICTION.— 
‘‘(I) IN
GENERAL.—The United 
States Court of Appeals for the Dis-
trict of Columbia Circuit shall have 
exclusive jurisdiction over claims aris-
ing under this subparagraph, subject 
to review by the Supreme Court of the 
United States under section 1254 of 
title 28, United States Code, only— 
‘‘(aa) to affirm the action of 
the Committee; or 
‘‘(bb) to remand the case to 
the Committee for further consid-
eration. 
‘‘(II) STANDARD
OF
REVIEW.— 
The court shall uphold an action chal-
lenged under this subparagraph unless 
the court finds that the action was 
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contrary to a constitutional right, 
power, privilege, or immunity. 
‘‘(iv) SCOPE OF REVIEW.—In a claim 
under this subparagraph, the court shall 
decide all relevant questions based solely 
on any administrative record submitted by 
the United States under clause (v). 
‘‘(v) ADMINISTRATIVE
RECORD
AND 
PROCEDURES.— 
‘‘(I) 
IN
GENERAL.—Notwith-
standing any other provision of law, 
the procedures described in this clause 
shall apply to the review of a petition 
under this subparagraph. 
‘‘(II) 
ADMINISTRATIVE 
RECORD.— 
‘‘(aa) FILING OF RECORD.— 
The United States shall file with 
the 
court 
an 
administrative 
record, which shall consist of the 
information that the parties sub-
mitted to the Committee and 
that the Committee relied upon 
in support of the action of the 
Committee under review. 
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‘‘(bb) UNCLASSIFIED, NON-
PRIVILEGED
INFORMATION.—All 
unclassified 
information 
con-
tained 
in 
the 
administrative 
record that is not otherwise privi-
leged or subject to statutory pro-
tections shall be provided to the 
petitioner with appropriate pro-
tections for any privileged or con-
fidential trade secrets and com-
mercial or financial information. 
‘‘(cc) 
DISCOVERY
BAR.— 
Other than the provision of infor-
mation 
in 
the 
administrative 
record described in subparagraph 
(II)(bb), no discovery shall be 
permitted. 
‘‘(dd) IN
CAMERA
AND
EX 
PARTE.—The following informa-
tion may be included in the ad-
ministrative record and shall be 
submitted only to the court ex 
parte and in camera: 
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‘‘(AA) Unclassified in-
formation subject to privi-
lege or statutory protections. 
‘‘(BB) Classified infor-
mation. 
‘‘(CC) Sensitive secu-
rity information. 
‘‘(DD) Sensitive law en-
forcement information. 
‘‘(EE) Information ob-
tained or derived from any 
activity authorized under the 
Foreign Intelligence Surveil-
lance 
Act 
of 
1978 
(50 
U.S.C. 1801 et seq.), except 
that, with respect to such in-
formation, subsections (c), 
(e), (f), (g), and (h) of sec-
tion 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 
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U.S.C. 1881e) of that Act 
shall not apply. 
‘‘(ee) UNDER
SEAL.—Any 
classified information, sensitive 
security information, law enforce-
ment sensitive information, or in-
formation that is otherwise privi-
leged or subject to statutory pro-
tections, that is part of the ad-
ministrative record filed ex parte 
and in camera, or cited by the 
court in any decision, shall be 
treated by the court consistent 
with the provisions of this sub-
paragraph, 
and 
shall 
remain 
under seal and preserved in the 
records of the court to be made 
available in the event of further 
proceedings. In no event shall 
such information be released to 
the claimant or as part of the 
public record. 
‘‘(ff) RETURN.—After the 
expiration of the time to seek 
further review, or the conclusion 
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of further proceedings, the court 
shall return the administrative 
record, including any and all cop-
ies, to the United States. 
‘‘(gg) CONSIDERATION
OF 
CLAIM
WITHOUT
INFORMATION 
IN
ADMINISTRATIVE
RECORD.— 
If, on motion or sua sponte, the 
court determines that the claim 
may be considered without any of 
the information in the adminis-
trative record, the court shall re-
quire that only the necessary in-
formation, if any, from the 
record be provided to the parties. 
‘‘(vi) EXCLUSIVE REMEDY.—A deter-
mination by the court under this subpara-
graph shall be the exclusive judicial remedy 
for any claim described in this subpara-
graph against the United States, any 
United States department or agency, or 
any component or official of any such de-
partment or agency. 
‘‘(vii) RULE
OF
CONSTRUCTION.— 
Nothing in this subparagraph shall be con-
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strued as limiting, superseding, or pre-
venting the invocation of, any privileges or 
defenses that are otherwise available at law 
or in equity to protect against the disclo-
sure of information.’’. 
SEC. 15. FACTORS TO BE CONSIDERED. 
Section 721(f) of the Defense Production Act of 1950 
(50 U.S.C. 4565(f)) is amended— 
(1) in paragraph (1), by inserting ‘‘including 
whether the covered transaction is likely to result in 
the increased reliance by the United States on for-
eign suppliers to meet national defense require-
ments;’’ after ‘‘defense requirements,’’; 
(2) in paragraph (4), by striking ‘‘proposed or 
pending’’; 
(3) by striking paragraph (5) and insert the fol-
lowing: 
‘‘(5) the potential effects of the covered trans-
action on United States international technological 
and industrial leadership in areas affecting United 
States national security, including whether the 
transaction is likely to reduce the technological and 
industrial advantage of the United States relative to 
any country of special concern;’’; 
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lotter on DSKBCFDHB2PROD with BILLS
(4) in paragraph (6), by inserting ‘‘and trans-
portation assets, as defined in Presidential Policy 
Directive 21 (February 12, 2013; relating to critical 
infrastructure security and resilience) or any suc-
cessor directive’’ after ‘‘energy assets’’; 
(5) in paragraph (7), by inserting ‘‘, including 
whether the covered transaction is likely to con-
tribute to the loss of or other adverse effects on 
technologies that provide a strategic national secu-
rity advantage to the United States’’ after ‘‘critical 
technologies’’; 
(6) in paragraph (10), by striking ‘‘; and’’ and 
inserting a semicolon; 
(7) by redesignating paragraph (11) as para-
graph (20); and 
(8) by inserting after paragraph (10) the fol-
lowing: 
‘‘(11) the degree to which the covered trans-
action is likely to increase the cost to the United 
States Government of acquiring or maintaining the 
equipment and systems that are necessary for de-
fense, intelligence, or other national security func-
tions; 
‘‘(12) the potential national security-related ef-
fects of the cumulative market share of any one type 
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lotter on DSKBCFDHB2PROD with BILLS
of infrastructure, energy asset, critical material, or 
critical technology by foreign persons; 
‘‘(13) whether any foreign person that would 
acquire an interest in a United States business or its 
assets as a result of the covered transaction has a 
history of— 
‘‘(A) complying with United States laws 
and regulations, including laws and regulations 
pertaining to exports, the protection of intellec-
tual property, and immigration; and 
‘‘(B) adhering to contracts or other agree-
ments with entities of the United States Gov-
ernment; 
‘‘(14) the extent to which the covered trans-
action is likely to expose, either directly or indirectly, 
personally identifiable information, genetic informa-
tion, or other sensitive data of United States citizens 
to access by a foreign government or foreign person 
that may exploit that information in a manner that 
threatens national security; 
‘‘(15) whether the covered transaction is likely 
to have the effect of creating any new cybersecurity 
vulnerabilities in the United States or exacerbating 
existing cybersecurity vulnerabilities; 
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‘‘(16) whether the covered transaction is likely 
to result in a foreign government gaining a signifi-
cant new capability to engage in malicious cyber-en-
abled activities against the United States, including 
such activities designed to affect the outcome of any 
election for Federal office; 
‘‘(17) whether the covered transaction involves 
a country of special concern that has a demonstrated 
or declared strategic goal of acquiring a type of crit-
ical technology that a United States business that is 
a party to the transaction possesses; 
‘‘(18) whether the covered transaction is likely 
to facilitate criminal or fraudulent activity affecting 
the national security of the United States; 
‘‘(19) whether the covered transaction is likely 
to expose any information regarding sensitive na-
tional security matters or sensitive procedures or op-
erations of a Federal law enforcement agency with 
national security responsibilities to a foreign person 
not authorized to receive that information; and’’. 
SEC. 16. ACTIONS BY THE COMMITTEE TO ADDRESS NA-
TIONAL SECURITY RISKS. 
Section 721(l) of the Defense Production Act of 1950 
(50 U.S.C. 4565(l)) is amended— 
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(1) in the subsection heading, by striking 
‘‘MITIGATION, TRACKING, AND POSTCONSUMMATION 
MONITORING
AND ENFORCEMENT’’ and inserting 
‘‘ACTIONS BY THE COMMITTEE TO ADDRESS NA-
TIONAL SECURITY RISKS’’; 
(2) by redesignating paragraphs (1), (2), and 
(3) as paragraphs (3), (5), and (6), respectively; 
(3) by inserting before paragraph (3), as redes-
ignated by paragraph (2), the following: 
‘‘(1) SUSPENSION
OF
TRANSACTIONS.—The 
Committee, acting through the chairperson, may 
suspend a proposed or pending covered transaction 
that may pose a risk to the national security of the 
United States for such time as the covered trans-
action is under review or investigation under sub-
section (b). 
‘‘(2) REFERRAL
TO
PRESIDENT.—The Com-
mittee may, at any time during the review or inves-
tigation of a covered transaction under subsection 
(b), complete the action of the Committee with re-
spect to the transaction and refer the transaction to 
the President for action pursuant to subsection 
(d).’’; 
(4) in paragraph (3), as redesignated by para-
graph (2)— 
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