Page:United States Statutes at Large Volume 121.djvu/269

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[121 STAT. 248]
PUBLIC LAW 110-000—MMMM. DD, 2007
[121 STAT. 248]

121 STAT. 248

or any member thereof regarding possible resubmission for review pursuant to this paragraph. ‘‘(D) UNILATERAL INITIATION OF REVIEW.—Subject to subparagraph (F), the President or the Committee may initiate a review under subparagraph (A) of— ‘‘(i) any covered transaction; ‘‘(ii) any covered transaction that has previously been reviewed or investigated under this section, if any party to the transaction submitted false or misleading material information to the Committee in connection with the review or investigation or omitted material information, including material documents, from information submitted to the Committee; or ‘‘(iii) any covered transaction that has previously been reviewed or investigated under this section, if— ‘‘(I) any party to the transaction or the entity resulting from consummation of the transaction intentionally materially breaches a mitigation agreement or condition described in subsection (l)(1)(A); ‘‘(II) such breach is certified to the Committee by the lead department or agency monitoring and enforcing such agreement or condition as an intentional material breach; and ‘‘(III) the Committee determines that there are no other remedies or enforcement tools available to address such breach. ‘‘(E) TIMING.—Any review under this paragraph shall be completed before the end of the 30-day period beginning on the date of the acceptance of written notice under subparagraph (C) by the chairperson, or beginning on the date of the initiation of the review in accordance with subparagraph (D), as applicable. ‘‘(F) LIMIT ON DELEGATION OF CERTAIN AUTHORITY.— The authority of the Committee to initiate a review under subparagraph (D) may not be delegated to any person, other than the Deputy Secretary or an appropriate Under Secretary of the department or agency represented on the Committee. ‘‘(2) NATIONAL SECURITY INVESTIGATIONS.— ‘‘(A) IN GENERAL.—In each case described in subparagraph (B), the Committee shall immediately conduct an investigation of the effects of a covered transaction on the national security of the United States, and take any necessary actions in connection with the transaction to protect the national security of the United States. ‘‘(B) APPLICABILITY.—Subparagraph (A) shall apply in each case in which— ‘‘(i) a review of a covered transaction under paragraph (1) results in a determination that— ‘‘(I) the transaction threatens to impair the national security of the United States and that threat has not been mitigated during or prior to the review of a covered transaction under paragraph (1); ‘‘(II) the transaction is a foreign governmentcontrolled transaction; or

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