; and (ii) the terms of the agreement allow the qualified researcher to provide the original agreement or a copy of the agreement to the Assistant Secretary. (C) Appeal (i) Agency appeal A covered platform may appeal the granting of an application under paragraph (1) on the grounds that, and the Assistant Secretary shall grant such appeal if— (I) the covered platform does not have access to the requested data sets or the requested data sets are not reasonably tailored to application; or (II) providing access to the data sets will lead to material vulnerabilities for the privacy of users or the security of the covered platform’s service or create a significant risk of the violation of Federal or state law. (ii) Judicial review A decision of the Assistant Secretary with respect to an appeal under clause (i) shall be considered to be a final agency action for purposes of judicial review under chapter 7 of title 5, United States Code. (iii) Alternative means of fulfillment As part of an appeal under clause (i) that is made on the basis of subclause (II) of such clause, a covered platform shall propose one or more alternative data sets or means of accessing the requested data sets that are appropriate and sufficient to fulfill the purpose of the application, or shall explain why there are no alternative data sets or means of access which acceptably mitigate the applicable privacy, security, or legal concerns. (D) Timing A covered platform for which this provision applies shall participate in the program established under this subsection no later than two years after enactment of this Act. (5) Application requirements In order to be approved to access data sets from a covered platform, an eligible researcher shall, in the application submitted under paragraph (1)— (A) explain the purpose for which the independent research is undertaken; (B) commit to conduct the research for noncommercial purposes; (C) demonstrate a proven record of expertise on the proposed research topic and related research methodologies