Page:United States Statutes at Large Volume 121.djvu/275

 121 STAT. 254

PUBLIC LAW 110–49—JULY 26, 2007 to, the report of the President to Congress under section 7120 of the Intelligence Reform and Terrorism Prevention Act of 2004; and ‘‘(C) the potential for transshipment or diversion of technologies with military applications, including an analysis of national export control laws and regulations; ‘‘(10) the long-term projection of United States requirements for sources of energy and other critical resources and material; and ‘‘(11) such other factors as the President or the Committee may determine to be appropriate, generally or in connection with a specific review or investigation.’’.

SEC. 5. MITIGATION, TRACKING, AND POSTCONSUMMATION MONITORING AND ENFORCEMENT.

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Section 721 of the Defense Production Act of 1950 (50 U.S.C. App. 2170) is amended by adding at the end the following: ‘‘(l) MITIGATION, TRACKING, AND POSTCONSUMMATION MONITORING AND ENFORCEMENT.— ‘‘(1) MITIGATION.— ‘‘(A) IN GENERAL.—The Committee or a lead agency may, on behalf of the Committee, negotiate, enter into or impose, and enforce any agreement or condition with any party to the covered transaction in order to mitigate any threat to the national security of the United States that arises as a result of the covered transaction. ‘‘(B) RISK-BASED ANALYSIS REQUIRED.—Any agreement entered into or condition imposed under subparagraph (A) shall be based on a risk-based analysis, conducted by the Committee, of the threat to national security of the covered transaction. ‘‘(2) TRACKING AUTHORITY FOR WITHDRAWN NOTICES.— ‘‘(A) IN GENERAL.—If any written notice of a covered transaction that was submitted to the Committee under this section is withdrawn before any review or investigation by the Committee under subsection (b) is completed, the Committee shall establish, as appropriate— ‘‘(i) interim protections to address specific concerns with such transaction that have been raised in connection with any such review or investigation pending any resubmission of any written notice under this section with respect to such transaction and further action by the President under this section; ‘‘(ii) specific time frames for resubmitting any such written notice; and ‘‘(iii) a process for tracking any actions that may be taken by any party to the transaction, in connection with the transaction, before the notice referred to in clause (ii) is resubmitted. ‘‘(B) DESIGNATION OF AGENCY.—The lead agency, other than any entity of the intelligence community (as defined in the National Security Act of 1947), shall, on behalf of the Committee, ensure that the requirements of subparagraph (A) with respect to any covered transaction that is subject to such subparagraph are met. ‘‘(3) NEGOTIATION, MODIFICATION, MONITORING, AND ENFORCEMENT.—

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