; (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. (D) Jurisdiction The provisions of section 706(b) shall apply to any mitigation agreement entered into or condition imposed under subparagraph (A). ; and (2) by adding at the end the following: (4) Referral to President The Committee may, at any time during the review or investigation of a covered transaction under subsection (b), complete the action of the Committee with respect to the transaction and refer the transaction to the President for action pursuant to subsection (d). (5) Risk-based analysis required (A) In general Any determination of the Committee to refer a covered transaction to the President under paragraph (4), or to negotiate, enter into, impose, or enforce any agreement or condition under paragraph (1)(A) with respect to a covered transaction, shall be based on a risk-based analysis, conducted 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 the threat, vulnerabilities, and consequences to national security resulting from the transaction, as these terms are defined or clarified in guidance and regulations issued by the Committee