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EO 13913Executive OrderTrump 45 · R Quiet signal

Executive Order 13913

Establishing the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector

This executive order establishes a formal interagency committee to review foreign participation in U.S. telecommunications, giving the Departments of Defense, Justice, and Homeland Security a structured process to assess national security risks in FCC licenses and applications. The Committee can recommend that the FCC deny, condition, modify, or revoke licenses based on these security reviews.

Federal Register Open PDF 85 FR 19643

Impact dates

  1. Annual report to President on implementation with policy/legislative recommendations

  2. Initial review of application completed from date Chair determines applicant responses complete

  3. Committee Members enter into Memorandum of Understanding with DNI describing implementation plan

  4. Secondary assessment completed from Committee's determination that secondary assessment is warranted

  5. Committee Members and Advisors seek to resolve objections for license modification/revocation

  6. DNI threat assessment due from date Chair determines applicant responses complete or from date Chair requests analysis

  7. Committee Members and Advisors seek to resolve objections for denial/non-standard mitigation applications

  8. Committee Advisors advise Chair whether they oppose non-standard/denial/revocation recommendation

  9. FCC receives notice of recommendation (not earlier than 15 days after Presidential notification)

  10. Chair notifies President of intended recommendation and any opposition

  11. NTIA Administrator notifies FCC of recommendation after Chair notification

Key directives

  • Establish Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector
  • Committee to assist FCC in public interest review of national security and law enforcement concerns from foreign participation
  • Committee Members: Secretary of Defense, Attorney General (Chair), Secretary of Homeland Security, and other heads as determined
  • Committee Advisors include Secretary of State, Treasury, Commerce, DNI, OMB, USTR, and others
  • DNI to produce written threat assessment for each license/application within 30 days of complete responses
  • Initial review of applications within 120 days of complete applicant responses
  • Secondary assessment within 90 days if warranted
  • Committee may recommend FCC dismiss, deny, condition, modify, or revoke licenses
  • Non-standard mitigation/denial/revocation recommendations trigger 21-day Advisor review, 30-60 day consensus process, and 7-day Presidential notification
  • FCC receives recommendation no earlier than 15 days after Presidential notification
  • NTIA Administrator notifies FCC of final recommendation within 7 days
  • Committee to monitor compliance with mitigation measures and recommend further action for noncompliance

Who is ordered

Timeline

Immediate

  • Committee establishment with designated Members and Advisors
  • Attorney General designated as Chair

Near term (90d)

  • Memorandum of Understanding due among Committee Members and DNI
  • Standard mitigation measures to be defined
  • Lead Member designation process to be established

Long term

  • Annual implementation review reports to President
  • Ongoing application and license reviews with 120-day initial and 90-day secondary assessment cycles
  • Continuous compliance monitoring of mitigation measures

Risks & tensions

  • Vague standard for 'credible evidence' of risk in section 9(d) creates discretionary breadth
  • Potential tension between FCC's independent statutory authority and Committee's security-driven recommendations
  • Classified information use in ex parte communications with FCC raises due process concerns for applicants
  • Information sharing restrictions in section 8 may limit transparency and judicial review
  • Tie-breaking authority concentrated in Attorney General as Chair creates single-point decision risk
  • Unclear interplay with existing CFIUS process; section 8(c) creates information bridge but no coordination mandate
  • Annual reporting to President may politicize what is framed as technical security review
Executive Order 13913: Establishing the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector · Executive Orders