; and (B) provisions of law (other than this subsection and the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. )) do not, in the judgment of the Committee provide adequate and appropriate authority for the Committee to protect the national security with respect to the covered activity. (5) Factors to be considered For purposes of determining whether to take action under paragraph (1), the Committee shall consider, among other factors, each of the factors described in section 1004, as appropriate. (6) Public disclosure The Committee shall publish in the Federal Register a notice of each exercise of the authority under paragraph (1). (e) Authority To prohibit and regulate covered activities (1) Authority (A) In general Subject to regulations prescribed in accordance with section 1008, and except as provided by paragraph (2), the Committee may, on or after the date of the enactment of this title, prohibit or regulate any covered activity or category of covered activities by any person, or with respect to any property, subject to the jurisdiction of the United States. (B) Criteria In exercising the authority under subparagraph (A) with respect to a covered activity or category of covered activities, the President may use— (i) criteria based on— (I) the nature of the covered activity or category of covered activities; (II) the nature of the covered foreign entity involved in the covered activity or category of covered activities, including the country of concern associated with the covered foreign entity; or (III) the nature of the national critical capabilities sector involved in the covered activity or category of covered activities