Page:United States Statutes at Large Volume 121.djvu/268

 PUBLIC LAW 110–49—JULY 26, 2007

121 STAT. 247

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‘‘(4) FOREIGN GOVERNMENT-CONTROLLED TRANSACTION.— The term ‘foreign government-controlled transaction’ means any covered transaction that could result in the control of any person engaged in interstate commerce in the United States by a foreign government or an entity controlled by or acting on behalf of a foreign government. ‘‘(5) CLARIFICATION.—The term ‘national security’ shall be construed so as to include those issues relating to ‘homeland security’, including its application to critical infrastructure. ‘‘(6) CRITICAL INFRASTRUCTURE.—The term ‘critical infrastructure’ means, subject to rules issued under this section, systems and assets, whether physical or virtual, so vital to the United States that the incapacity or destruction of such systems or assets would have a debilitating impact on national security. ‘‘(7) CRITICAL TECHNOLOGIES.—The term ‘critical technologies’ means critical technology, critical components, or critical technology items essential to national defense, identified pursuant to this section, subject to regulations issued at the direction of the President, in accordance with subsection (h). ‘‘(8) LEAD AGENCY.—The term ‘lead agency’ means the agency, or agencies, designated as the lead agency or agencies pursuant to subsection (k)(5) for the review of a transaction. ‘‘(b) NATIONAL SECURITY REVIEWS AND INVESTIGATIONS.— ‘‘(1) NATIONAL SECURITY REVIEWS.— ‘‘(A) IN GENERAL.—Upon receiving written notification under subparagraph (C) of any covered transaction, or pursuant to a unilateral notification initiated under subparagraph (D) with respect to any covered transaction, the President, acting through the Committee— ‘‘(i) shall review the covered transaction to determine the effects of the transaction on the national security of the United States; and ‘‘(ii) shall consider the factors specified in subsection (f) for such purpose, as appropriate. ‘‘(B) CONTROL BY FOREIGN GOVERNMENT.—If the Committee determines that the covered transaction is a foreign government-controlled transaction, the Committee shall conduct an investigation of the transaction under paragraph (2). ‘‘(C) WRITTEN NOTICE.— ‘‘(i) IN GENERAL.—Any party or parties to any covered transaction may initiate a review of the transaction under this paragraph by submitting a written notice of the transaction to the Chairperson of the Committee. ‘‘(ii) WITHDRAWAL OF NOTICE.—No covered transaction for which a notice was submitted under clause (i) may be withdrawn from review, unless a written request for such withdrawal is submitted to the Committee by any party to the transaction and approved by the Committee. ‘‘(iii) CONTINUING DISCUSSIONS.—A request for withdrawal under clause (ii) shall not be construed to preclude any party to the covered transaction from continuing informal discussions with the Committee

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