Page:United States Statutes at Large Volume 102 Part 2.djvu/422

 102 STAT. 1426

PUBLIC LAW 100-418—AUG. 23, 1988

the United States proposed or pending on or after the date of enactment of this section by or with foreign persons so that such President of U.S. control will not threaten to impair the national security. The President shall announce the decision to take action pursuant to this subsection not later than 15 days after the investigation described in subsection (a) is completed. The President may direct the Attorney General to seek appropriate relief, including divestment relief, in the district courts of the United States in order to implement and enforce this section. "(d) FINDINGS OF THE PRESIDENT.—The President may exercise the

authority conferred by subsection (c) only if the President finds that' l l) there is credible evidence that leads the President to believe that the foreign interest exercising control might take action that threatens to impair the national security, and "(2) provisions of law, other than this section and the International Emergency Economic Powers Act (50 U.S.C. 17011706), do not in the President's judgment provide adequate and appropriate authority for the President to protect the national security in the matter before the President. The provisions of subsection (d) of this section shall not be subject to judicial review. "(e) FACTORS TO B E CONSIDERED.—For purposes of this section, the President or the President's designee may, taking into account the requirements of national security, consider among other factors— "(1) domestic production needed for projected national defense requirements, "(2) the capability and capacity of domestic industries to meet national defense requirements, including the availability of human resources, products, technology, materials, and other supplies and services, and '(3) the control of domestic industries and commercial activity by foreign citizens as it affects the capability and capacity of the United States to meet the requirements of national security. President of U.S. '(1) REPORT TO THE CONGRESS.—If the President determines to take action under subsection (c), the President shall immediately transmit to the Secretary of the Senate and the Clerk of the House of Representatives a written report of the action which the President intends to take, including a detailed explanation of the findings made under subsection (d). President of U.S. "(g) REGULATIONS.—'The President shall direct the issuance of regulations to carry out this section. Such regulations shall, to the extent possible, minimize paperwork burdens and shall to the extent possible coordinate reporting requirements under this section with reporting requirements under any other provision of Federal law. (h) EFFECT ON OTHER LAW.—Nothing in this section shall be construed to alter or affect any existing power, process, regulation, investigation, enforcement measure, or review provided by any other provision of law.".

Subtitle B—Technology Technology Competitiveness Act. Research and development. 15 USC 271 note.

PART I—TECHNOLOGY COMPETITIVENESS SEC. 5101. SHORT TITLE.

This part may be cited as the "Technology Competitiveness Act".

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