(A) in subparagraph (A)— 
(i) in the subparagraph heading, by 
striking ‘‘IN
GENERAL’’ and inserting 
‘‘AGREEMENTS AND CONDITIONS’’; 
(ii) by striking ‘‘The Committee’’ and 
inserting the following: 
‘‘(i) IN GENERAL.—The Committee’’; 
(iii) by striking ‘‘threat’’ and inserting 
‘‘risk’’; and 
(iv) by adding at the end the fol-
lowing: 
‘‘(ii) 
ABANDONMENT
OF
TRANS-
ACTIONS.—If a party to a covered trans-
action has voluntarily chosen to abandon 
the transaction, the Committee or lead 
agency, as the case may be, may negotiate, 
enter into or impose, and enforce any 
agreement or condition with any party to 
the covered transaction for purposes of ef-
fectuating such abandonment and miti-
gating any risk to the national security of 
the United States that arises as a result of 
the covered transaction. 
‘‘(iii) AGREEMENTS AND CONDITIONS 
RELATING
TO
COMPLETED
TRANS-
VerDate Sep 11 2014 
04:27 Nov 10, 2017
Jkt 079200
PO 00000
Frm 00054
Fmt 6652
Sfmt 6201
E:\BILLS\H4311.IH
H4311
lotter on DSKBCFDHB2PROD with BILLS
ACTIONS.—The Committee or lead agency, 
as the case may be, may negotiate, enter 
into or impose, and enforce any agreement 
or condition with any party to a completed 
covered transaction in order to mitigate 
any interim risk to the national security of 
the United States that may arise as a re-
sult of the covered transaction until such 
time that the Committee has completed ac-
tion pursuant to subsection (b) or the 
President has taken action pursuant to 
subsection (d) with respect to the trans-
action.’’; and 
(B) by striking subparagraph (B) and in-
serting the following: 
‘‘(B) LIMITATIONS.—An agreement may 
not be entered into or condition imposed under 
subparagraph (A) with respect to a covered 
transaction unless the Committee determines 
that the agreement or condition resolves the na-
tional security concerns posed by the trans-
action, taking into consideration whether the 
agreement or condition is reasonably calculated 
to— 
‘‘(i) be effective; 
VerDate Sep 11 2014 
04:27 Nov 10, 2017
Jkt 079200
PO 00000
Frm 00055
Fmt 6652
Sfmt 6201
E:\BILLS\H4311.IH
H4311
lotter on DSKBCFDHB2PROD with BILLS
‘‘(ii) allow for compliance with the 
terms of the agreement or condition in an 
appropriately verifiable way; and 
‘‘(iii) enable effective monitoring of 
compliance with and enforcement of the 
terms of the agreement or condition. 
‘‘(C) JURISDICTION.—The provisions of 
section 706(b) shall apply to any mitigation 
agreement entered into or condition imposed 
under subparagraph (A).’’; 
(5) by inserting after paragraph (3), as redesig-
nated by paragraph (2), the following: 
‘‘(4) RISK-BASED ANALYSIS REQUIRED.— 
‘‘(A) IN GENERAL.—Any determination of 
the Committee to suspend a covered transaction 
under paragraph (1), to refer a covered trans-
action to the President under paragraph (2), or 
to negotiate, enter into or impose, or enforce 
any agreement or condition under paragraph 
(3)(A) with respect to a covered transaction, 
shall be based on a risk-based analysis, con-
ducted by the Committee, of the effects on the 
national security of the United States of the 
covered transaction, which shall include— 
‘‘(i) an assessment of— 
VerDate Sep 11 2014 
04:27 Nov 10, 2017
Jkt 079200
PO 00000
Frm 00056
Fmt 6652
Sfmt 6201
E:\BILLS\H4311.IH
H4311
lotter on DSKBCFDHB2PROD with BILLS
‘‘(I) the national security threat 
posed by the transaction, taking into 
account the analysis conducted by the 
Director 
of 
National 
Intelligence 
under subsection (b)(4); 
‘‘(II) 
any 
national 
security 
vulnerabilities related to the trans-
action; and 
‘‘(III) the potential national secu-
rity consequences of the transaction; 
and 
‘‘(ii) an identification of any of the 
factors described in subsection (f) that the 
transaction may substantially implicate. 
‘‘(B) ACTIONS OF MEMBERS OF THE COM-
MITTEE.— 
‘‘(i) IN
GENERAL.—Any member of 
the Committee who concludes that a cov-
ered transaction poses an unresolved na-
tional security concern shall recommend to 
the Committee that the Committee sus-
pend the transaction under paragraph (1), 
refer the transaction to the President 
under paragraph (2), or negotiate, enter 
into or impose, or enforce any agreement 
VerDate Sep 11 2014 
04:27 Nov 10, 2017
Jkt 079200
PO 00000
Frm 00057
Fmt 6652
Sfmt 6201
E:\BILLS\H4311.IH
H4311
lotter on DSKBCFDHB2PROD with BILLS
or condition under paragraph (3)(A) with 
respect to the transaction. In making that 
recommendation, the member shall propose 
the risk-based analysis required by sub-
paragraph (A). 
‘‘(ii) 
FAILURE
TO
REACH
CON-
SENSUS.—If the Committee fails to reach 
consensus with respect to a recommenda-
tion under clause (i) regarding a covered 
transaction, the members of the Committee 
who support an alternative recommenda-
tion shall produce— 
‘‘(I) a written statement justi-
fying the alternative recommendation; 
and 
‘‘(II) as appropriate, a risk-based 
analysis that supports the alternative 
recommendation.’’; 
(6) in paragraph (5), as redesignated by para-
graph (2), by striking ‘‘(as defined in the National 
Security Act of 1947)’’; and 
(7) in paragraph (6), as redesignated by para-
graph (2)— 
(A) in subparagraph (A)— 
VerDate Sep 11 2014 
04:27 Nov 10, 2017
Jkt 079200
PO 00000
Frm 00058
Fmt 6652
Sfmt 6201
E:\BILLS\H4311.IH
H4311
lotter on DSKBCFDHB2PROD with BILLS
(i) by striking ‘‘paragraph (1)’’ and 
inserting ‘‘paragraph (3)’’; and 
(ii) by striking the second sentence 
and inserting the following: ‘‘The lead 
agency may, at its discretion, seek and re-
ceive the assistance of other departments 
or agencies in carrying out the purposes of 
this paragraph.’’; 
(B) in subparagraph (B)— 
(i) by striking ‘‘DESIGNATED
AGEN-
CY’’ and all that follows through ‘‘The lead 
agency in connection’’ and inserting ‘‘DES-
IGNATED
AGENCY.—The lead agency in 
connection’’; 
(ii) by striking clause (ii); and 
(iii) by redesignating subclauses (I) 
and (II) as clauses (i) and (ii), respec-
tively, and by moving such clauses, as so 
redesignated, 2 ems to the left; and 
(C) by adding at the end the following: 
‘‘(C) COMPLIANCE PLANS.— 
‘‘(i) IN GENERAL.—In the case of a 
covered transaction with respect to which 
an agreement is entered into under para-
graph (3)(A), the Committee or lead agen-
VerDate Sep 11 2014 
04:27 Nov 10, 2017
Jkt 079200
PO 00000
Frm 00059
Fmt 6652
Sfmt 6201
E:\BILLS\H4311.IH
H4311
lotter on DSKBCFDHB2PROD with BILLS