10 U.S.C. § 2536 (ARMED FORCES)
[§ 2536. Renumbered § 4874]
heading: Statutory Notes and Related Subsidiaries
heading: Removal of National Interest Determination Requirements for Certain Entities
text: Pub. L. 115–232, div. A, title VIII, § 842, Aug. 13, 2018, 132 Stat. 1878, provided that:
“(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 [now 10 U.S.C. 4801]); 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.”
heading: Review Regarding Applicability of Foreign Ownership, Control, or Influence Requirements of National Industrial Security Program to National Technology and Industrial Base Companies
text: Pub. L. 115–91, div. A, title XVII, § 1712, Dec. 12, 2017, 131 Stat. 1811, as amended by Pub. L. 116–283, div. A, title XVIII, § 1866(d)(5), Jan. 1, 2021, 134 Stat. 4280, provided that:
“(a) Review.—
The Secretary of Defense, with the concurrence of the Secretary of State and after consultation with the Director of the Information Security Oversight Office, shall review whether organizations whose ownership or majority control is based in a country that is part of the national technology and industrial base should be exempted from one or more of the foreign ownership, control, or influence requirements of the National Industrial Security Program.
“(b) Authority.—
The Secretary of Defense may establish a program to exempt organizations described under subsection (a) from one or more of the foreign ownership, control, or influence requirements of the National Industrial Security Program. Any such program shall comply with the requirements of this subsection.
“(1) In general.—
Under a program established under this subsection, the Secretary, with the concurrence of the Secretary of State and after consultation with the Director of the Information Security Oversight Office, shall maintain a list of organizations owned or controlled by a country that is part of the national technology and industrial base that are eligible for exemption from the requirements described under such subsection.
“(2) Determinations of eligibility.—
Under a program established under this subsection, the Secretary of Defense, with the concurrence of the Secretary of State and after consultation with the Director of the Information Security Oversight Office, may (on a case-by-case basis and for the purpose of supporting specific needs of the Department of Defense) designate an organization whose ownership or majority control is based in a country that is part of the national technology and industrial base as exempt from the requirements described under subsection (a) upon a determination that such exemption—
“(A) is beneficial to improving collaboration within countries that are a part of the national technology and industrial base;
“(B) is in the national security interest of the United States; and
“(C) will not result in a greater risk of the disclosure of classified or sensitive information consistent with the National Industrial Security Program.
“(3) Exercise of authority.—
The authority under this subsection may be exercised beginning on the date that is the later of—
“(A) the date that is 60 days after the Secretary of Defense, in consultation with the Secretary of State and the Director of the Information Security Oversight Office, submits to the appropriate congressional committees a report summarizing the review conducted under subsection (a); and
“(B) the date that is 30 days after the Secretary of Defense, in consultation with the Secretary of State and the Director of the Information Security Oversight Office, submits to the appropriate congressional committees a written notification of a determination made under paragraph (2), including a discussion of the issues related to the foreign ownership or control of the organization that were considered as part of the determination.
“(c) Definitions.—
In this section:
“(1) Appropriate congressional committees.—
The term ‘appropriate congressional committees’ has the meaning given the term in section 301 of title 10, United States Code.
“(2) National technology and industrial base.—
the [sic] term ‘national technology and industrial base’ has the meaning given the term in section 4801 of title 10, United States Code.”