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Code · BILL · 115th Congress · S. 2098 (Reported in Senate) — To modernize and strengthen the Committee on Foreign Investment in the United States to more effectively guard agains... · Sec. 11

Sec. 11. Analysis by Director of National Intelligence

443 words·~2 min read·/bill/115/s/2098/rs/section-11

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Section 721(b)(4) of the Defense Production Act of 1950 ( 50 U.S.C. 4565(b)(4) ) is amended— by striking subparagraph
(A)and inserting the following: The Director of National Intelligence shall expeditiously carry out a thorough analysis of any threat to the national security of the United States posed by any covered transaction, which shall include the identification of any recognized gaps in the collection of intelligence relevant to the analysis. The Director shall seek and incorporate into the analysis required by clause
(i)the views of all affected or appropriate intelligence agencies with respect to the transaction. At the request of the lead agency, the Director shall update the analysis conducted under clause
(i)with respect to a covered transaction with respect to which an agreement was entered into under subsection (l)(3)(A). The Committee shall ensure that its processes under this section preserve the ability of the Director to conduct analysis under clause
(i)that is independent, objective, and consistent with all applicable directives, policies, and analytic tradecraft standards of the intelligence community. ; by redesignating subparagraphs (B), (C), and
(D)as subparagraphs (C), (D), and (E), respectively; by inserting after subparagraph
(A)the following: The Director of National Intelligence may provide the Committee with basic information regarding any threat to the national security of the United States posed by a covered transaction described in clause
(ii)instead of conducting the analysis required by subparagraph (A). A covered transaction is described in this clause if— the transaction is described in subsection (a)(5)(B)(ii); the Director of National Intelligence has completed an analysis pursuant to subparagraph
(A)involving each foreign person that is a party to the transaction during the 12 months preceding the review or investigation of the transaction under this section; or the transaction otherwise meets criteria agreed upon by the Committee and the Director of National Intelligence for purposes of this subparagraph. ; in subparagraph (C), as redesignated by paragraph (2), by striking 20 and inserting 30 ; and by adding at the end the following: The Director may provide to the Committee an assessment, separate from the analyses under subparagraphs
(A)and (B), of any operational impact of a covered transaction on the intelligence community and a description of any actions that have been or will be taken to mitigate any such impact. The Committee shall submit the analysis required by subparagraph
(A)with respect to a covered transaction to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives upon the conclusion of action under this section (other than compliance reviews under subsection (l)(6)) with respect to the transaction. .
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Sec. 11
Analysis by Director of National Intelligence
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