Sec. 15. Factors to be considered
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/bill/115/s/2098/rs/section-15A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 721(f) of the Defense Production Act of 1950 ( 50 U.S.C. 4565(f) ) is amended— in paragraph (1), by inserting including whether the covered transaction is likely to result in the increased reliance by the United States on foreign suppliers to meet national defense requirements; after defense requirements, ; in paragraph (4), by striking proposed or pending ; by striking paragraph
(5)and insert the following: the potential effects of the covered transaction on United States international technological and industrial leadership in areas affecting United States national security, including whether the transaction is likely to reduce the technological and industrial advantage of the United States relative to any country of special concern; ; in paragraph (6), by inserting and transportation assets, as defined in Presidential Policy Directive 21 (February 12, 2013; relating to critical infrastructure security and resilience) or any successor directive after energy assets ; in paragraph (7), by inserting , including whether the covered transaction is likely to contribute to the loss of or other adverse effects on technologies that provide a strategic national security advantage to the United States after critical technologies ; in paragraph (10), by striking ; and and inserting a semicolon; by redesignating paragraph
(11)as paragraph (20); and by inserting after paragraph
(10)the following: the degree to which the covered transaction is likely to increase the cost to the United States Government of acquiring or maintaining the equipment and systems that are necessary for defense, intelligence, or other national security functions; the potential national security-related effects of the cumulative market share of any one type of infrastructure, energy asset, critical material, or critical technology by foreign persons; whether any foreign person that would acquire an interest in a United States business or its assets as a result of the covered transaction has a history of— complying with United States laws and regulations, including laws and regulations pertaining to exports, the protection of intellectual property, and immigration; and adhering to contracts or other agreements with entities of the United States Government; the extent to which the covered transaction is likely to expose, either directly or indirectly, personally identifiable information, genetic information, or other sensitive data of United States citizens to access by a foreign government or foreign person that may exploit that information in a manner that threatens national security; whether the covered transaction is likely to have the effect of creating any new cybersecurity vulnerabilities in the United States or exacerbating existing cybersecurity vulnerabilities; whether the covered transaction is likely to result in a foreign government gaining a significant new capability to engage in malicious cyber-enabled activities against the United States, including such activities designed to affect the outcome of any election for Federal office; whether the covered transaction involves a country of special concern that has a demonstrated or declared strategic goal of acquiring a type of critical technology that a United States business that is a party to the transaction possesses; whether the covered transaction is likely to facilitate criminal or fraudulent activity affecting the national security of the United States; whether the covered transaction is likely to expose any information regarding sensitive national security matters or sensitive procedures or operations of a Federal law enforcement agency with national security responsibilities to a foreign person not authorized to receive that information; and .
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Sec. 15
Factors to be considered
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