National Security Foreign Investment Reform and Strengthened Transparency Act of 2006
Latest action · Jul 27, 2006 Received in the Senate. Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 538.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedMay 10, 2006
- Passed HouseJul 26, 2006
- Passed SenateNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
National Security Foreign Investment Reform and Strengthened Transparency Act of 2006 - Amends the Defense Production Act of 1950 (DPA) to revise the review and investigation process for foreign investment activities that may affect U.S. national security.
(Sec. 2) Directs the President, upon receiving written notification of a possible merger, acquisition, or takeover which could result in foreign control of any person engaged in interstate commerce (covered transaction), or upon a motion of the President, the Committee on Foreign Investment in the United States (CFIUS), or a committee member, to review such covered transaction to determine its effects on national security.
Requires CFIUS to investigate a covered transaction which it determines is a foreign government-controlled transaction.
Allows any party to a covered transaction to initiate a review of such transaction by submitting written notice of the transaction to the Chairperson of CFIUS. Establishes a procedure for withdrawing such notice. Requires a transaction review to be completed within 30 days.
Authorizes the President, CFIUS, or any member of CFIUS to initiate a review of any covered transaction or any previously reviewed or investigated covered transaction which involves the submission of false or misleading material information or a breach of a mitigation agreement or condition.
Directs the President to conduct an investigation of the effects of certain covered transactions on national security and to take any necessary steps to protect national security. Requires such investigation to be completed within 45 days unless extended by the President or by two-thirds roll call vote of CFIUS members.
Requires any review or investigation of a covered transaction to be approved by a majority roll call vote of CFIUS members and be signed by the Secretaries of the Treasury, of Homeland Security, and of Commerce.
Requires the Director of National Intelligence to conduct an analysis of any threat to national security posed by a covered transaction.
(Sec. 3) Establishes CFIUS as a multi-agency statutory committee and revises the membership of such committee. Designates the Secretary of the Treasury as the Chairperson of CFIUS and the Secretary of Homeland Security as Vice Chairperson. Grants CFIUS subpoena power to carryout its responsibilities. Authorizes appropriations for the operation of CFIUS for FY2007-FY2010.
(Sec. 4) Makes the consideration of specified factors in evaluating a covered transaction mandatory (currently, discretionary with the President). Adds to the list of such factors: (1) whether the covered transaction has a security-related impact on critical U.S. infrastructure; (2) whether the covered transaction is a foreign government-controlled transaction; and (3) such other factors as the President or the President's designee may consider appropriate.
(Sec. 5) Grants immunity to the United States for losses or other expenses incurred by a party to a covered transaction resulting from governmental actions if the party did not notify CFIUS of such transaction or did not wait until the completion of a required review or investigation of the transaction.
(Sec. 6) Authorizes CFIUS to: (1) enter into agreements with parties to a covered transaction to mitigate any threat to national security; and (2) designate a lead federal agency to negotiate, modify, monitor, and enforce such agreements.
Establishes a method of tracking covered transactions which are withdrawn from the review or investigation process and a process for setting interim protections to address specific national security concerns relating to such transactions.
(Sec. 7) Revises and expands requirements for CFIUS to report to Congress on investigations of covered transactions. Requires CFIUS to report within five days after it takes final action in an investigation of a covered transaction and to provide classified briefings on covered transactions to Members of Congress, if so requested.
Requires CFIUS to file semiannual reports with Congress on all reviews and investigations of covered transactions within a previous six-month period. Specifies the required content of such reports.
Requires the Inspector General of the Department of the Treasury to conduct an investigation of each failure of the Department of the Treasury to make required reports under DPA and to report to Congress on such investigation.
Requires the Secretary of the Treasury to: (1) study investments in the United States, especially investments in critical infrastructure and industries affecting national security by foreign governments or their agents which comply with any boycott of Israel or which do not ban foreign terrorist organizations; and (2) report to Congress on such study.
(Sec. 8) Requires any notice and other information required to be submitted by a party to a covered transaction to be accompanied by a written statement of the chief executive officer involved certifying that such notice or information fully complies with DPA requirements and is accurate and complete in all material respects.
Recorded votes 1
Newest first. Open one to see how every member voted.
| Roll call | Question | Result | Date |
|---|---|---|---|
| House 404 | On Motion to Suspend the Rules and Pass, as Amended | Passed424–0 | Jul 26, 2006 |
Cosponsors 87
Members who signed on, in the order they did. Signatures ran from May 10, 2006 to Jul 17, 2006; 22 are original cosponsors, there from the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| D-NY | Carolyn B. Maloney | Original | May 10, 2006 |
| R-CT | Christopher Shays | Original | May 10, 2006 |
| R-OH | Deborah Pryce | Original | May 10, 2006 |
| R-AK | Don Young | Original | May 10, 2006 |
| R-IL | Donald A. Manzullo | Original | May 10, 2006 |
| R-TX | Joe Barton | Original | May 10, 2006 |
| R-CA | John T. Doolittle | Original | May 10, 2006 |
| D-NY | Joseph Crowley | Original | May 10, 2006 |
| R-IL | Judy Biggert | Original | May 10, 2006 |
| R-FL | Katherine Harris | Original | May 10, 2006 |
| R-TX | Lamar Smith | Original | May 10, 2006 |
| R-FL | Mark Foley | Original | May 10, 2006 |
| R-MI | Peter Hoekstra | Original | May 10, 2006 |
| R-NY | Peter T. King | Original | May 10, 2006 |
| R-LA | Richard H. Baker | Original | May 10, 2006 |
| R-OH | Robert W. Ney | Original | May 10, 2006 |
| R-AL | Spencer Bachus | Original | May 10, 2006 |
| R-NY | Sue W. Kelly | Original | May 10, 2006 |
| R-NC | Sue Wilkins Myrick | Original | May 10, 2006 |
| R-MI | Thaddeus G. McCotter | Original | May 10, 2006 |
| R-NY | Thomas M. Reynolds | Original | May 10, 2006 |
| R-NY | Vito Fossella | Original | May 10, 2006 |
| R-FL | Cliff Stearns | May 23, 2006 | |
| R-MI | Dave Camp | May 23, 2006 | |
| D-GA | David Scott | May 23, 2006 | |
| D-KS | Dennis Moore | May 23, 2006 | |
| D-NY | Gregory W. Meeks | May 23, 2006 | |
| D-TN | Harold E. Ford Jr. | May 23, 2006 | |
| R-FL | Ileana Ros-Lehtinen | May 23, 2006 | |
| R-TX | Pete Sessions | May 23, 2006 | |
| D-MO | Wm. Lacy Clay | May 23, 2006 | |
| R-TN | Zach Wamp | May 23, 2006 | |
| D-AL | Artur Davis | May 25, 2006 | |
| D-OR | Darlene Hooley | May 25, 2006 | |
| R-NC | Howard Coble | Jun 7, 2006 | |
| R-IA | James A. Leach | Jun 7, 2006 | |
| D-UT | Jim Matheson | Jun 7, 2006 | |
| D-IL | Melissa L. Bean | Jun 7, 2006 | |
| R-FL | Tom Feeney | Jun 7, 2006 | |
| R-PA | Bill Shuster | Jun 8, 2006 | |
| D-WI | Gwen Moore | Jun 8, 2006 | |
| D-IN | Julia Carson | Jun 8, 2006 | |
| R-PA | Phil English | Jun 8, 2006 | |
| D-NY | Steve Israel | Jun 8, 2006 | |
| D-NY | Charles B. Rangel | Jun 9, 2006 | |
| R-CA | John Campbell | Jun 9, 2006 | |
| D-NY | Major R. Owens | Jun 9, 2006 | |
| D-NC | Melvin L. Watt | Jun 9, 2006 | |
| D-NY | Nydia M. Velázquez | Jun 9, 2006 | |
| R-OH | Patrick J. Tiberi | Jun 9, 2006 | |
| R-NC | Patrick T. McHenry | Jun 9, 2006 | |
| R-KS | Todd Tiahrt | Jun 9, 2006 | |
| D-TX | Al Green | Jun 12, 2006 | |
| D-FL | Alcee L. Hastings | Jun 12, 2006 | |
| R-WY | Barbara Cubin | Jun 12, 2006 | |
| D-TX | Ruben Hinojosa | Jun 12, 2006 | |
| D-CA | Barbara Lee | Jun 13, 2006 | |
| D-NC | Brad Miller | Jun 13, 2006 | |
| R-WA | David G. Reichert | Jun 13, 2006 | |
| D-FL | Debbie Wasserman Schultz | Jun 13, 2006 | |
| D-MO | Emanuel Cleaver | Jun 13, 2006 | |
| R-OK | Frank D. Lucas | Jun 13, 2006 | |
| D-FL | Kendrick B. Meek | Jun 13, 2006 | |
| D-IL | Luis V. Gutierrez | Jun 13, 2006 | |
| R-OH | Paul E. Gillmor | Jun 13, 2006 | |
| R-NJ | Scott Garrett | Jun 13, 2006 | |
| D-MA | Stephen F. Lynch | Jun 13, 2006 | |
| R-OH | Steven C. LaTourette | Jun 13, 2006 | |
| D-NY | Timothy H. Bishop | Jun 13, 2006 | |
| R-GA | Tom Price | Jun 13, 2006 | |
| D-MS | Bennie G. Thompson | Jun 14, 2006 | |
| D-NY | Carolyn McCarthy | Jun 14, 2006 | |
| D-MD | Elijah E. Cummings | Jun 14, 2006 | |
| R-CA | Gary G. Miller | Jun 14, 2006 | |
| D-TX | Gene Green | Jun 14, 2006 | |
| D-CA | Jane Harman | Jun 14, 2006 | |
| D-CA | Joe Baca | Jun 14, 2006 | |
| R-NM | Stevan Pearce | Jun 14, 2006 | |
| D-MD | Chris Van Hollen | Jun 20, 2006 | |
| R-NH | Jeb Bradley | Jun 20, 2006 | |
| D-NY | Edolphus Towns | Jun 21, 2006 | |
| R-NY | John R. "Randy" Kuhl Jr. | Jun 22, 2006 | |
| R-OK | John Sullivan | Jun 22, 2006 | |
| D-LA | Charlie Melancon | Jun 27, 2006 | |
| R-PA | Tim Murphy | Jun 27, 2006 | |
| R-CA | Devin Nunes | Jul 11, 2006 | |
| R-NE | Lee Terry | Jul 17, 2006 |
Committees 3
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| House | Financial Services Committee | Referred May 10, 2006Markup Jun 14, 2006Reported Jun 22, 2006 |
| Domestic Monetary Policy and Technology Subcommittee | Referred May 16, 2006Hearings May 17, 2006Discharged May 17, 2006 | |
| House | Energy and Commerce Committee | Referred May 10, 2006Markup Jul 12, 2006Reported Jul 18, 2006 |
| Commerce, Manufacturing, and Trade Subcommittee | Referred Jun 5, 2006Hearings Jul 11, 2006 | |
| House | Foreign Affairs Committee | Referred May 10, 2006Discharged Jul 18, 2006 |
Actions 25
Everything that happened, newest first.
- Jul 27, 2006Received in the Senate. Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 538.
- Jul 26, 2006Mr. Oxley moved to suspend the rules and pass the bill, as amended.
- Jul 26, 2006Considered under suspension of the rules. (consideration: CR H5863-5873)
- Jul 26, 2006DEBATE - The House proceeded with forty minutes of debate on H.R. 5337.
- Jul 26, 2006At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Research
What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.
Committee reports
Congressional Budget Office cost estimates 4
- Jul 14, 2006H.R. 5337, Reform of National Security Reviews of Foreign Direct Investments Act<p>Cost estimate for the bill as ordered reported by the House Committee on Energy and Commerce on July 12, 2006</p>
- Jul 14, 2006H.R. 5337, Reform of National Security Reviews of Foreign Direct Investments ActCost estimate for the bill as ordered reported by the House Committee on Energy and Commerce on July 12, 2006
- Jun 16, 2006H.R. 5337, National Security Foreign Investment Reform and Strengthened Transparency Act of 2006<p>Cost estimate for the bill as ordered reported by the House Committee on Financial Services on June 14, 2006</p>
- Jun 16, 2006H.R. 5337, National Security Foreign Investment Reform and Strengthened Transparency Act of 2006Cost estimate for the bill as ordered reported by the House Committee on Financial Services on June 14, 2006
Printed hearings 4
Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.
| Number | Hearing | Committee | Held |
|---|---|---|---|
| Serial No. 109-110 | CFIUS REFORM: H.R. 5337, THE REFORM OF NATIONAL SECURITY REVIEWS OF FOREIGN DIRECT INVESTMENT ACT60 pages | Energy and Commerce Committee | Jul 11, 2006 |
| Serial No. 109-253 | SECURING OUR PORTS: INFORMATION SHARING IS KEY TO EFFECTIVE MARITIME SECURITY68 pages | Oversight and Government Reform Committee | Jul 10, 2006 |
| Serial No. 109-79 | THE NEED FOR CFIUS TO ADDRESS HOMELAND SECURITY CONCERNS66 pages | Homeland Security Committee | May 24, 2006 |
| Serial No. 109-93 | H.R. 5337, THE REFORM OF NATIONAL SECURITY REVIEWS OF FOREIGN DIRECT INVESTMENTS ACT74 pages | Financial Services Committee | May 17, 2006 |
Titles 5
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- To ensure national security while promoting foreign investment and the creation and maintenance of jobs, to reform the process by which such investments are examined for any effect they may have on national security, to establish the Committee on Foreign Investment in the United States, and for other purposes.
- Short Titles as Introduced
- Reform of National Security Reviews of Foreign Direct Investments Act
- Short Titles as Reported to House
- National Security Foreign Investment Reform and Strengthened Transparency Act of 2006
- Short Titles as Passed House
- National Security Foreign Investment Reform and Strengthened Transparency Act of 2006
- Short Titles as Reported to House for portions of this bill
- Reform of National Security Reviews of Foreign Direct Investments Act
Subjects
Assigned by the Library of Congress. Policy area: Foreign Trade and International Finance.
- Administrative procedure
- Administrative remedies
- Armed Forces and National Security
- Authorization
- Business intelligence
- Classified defense information
- Commerce
- Commercial blacklisting
- Congress
- Congress and foreign policy
- Congressional oversight
- Congressional reporting requirements
- Congressional veto
- Congressional voting
- Corporate divestiture
- Corporate mergers
- Crime and Law Enforcement
- Department of Homeland Security
- Dubai Ports World aftermath legislation
- Economics and Public Finance
- Executive Office of the President
- Executive reorganization
- Federal advisory bodies
- Foreign agents
- Foreign corporations
- Foreign investments
- Foreign Trade and International Finance
- Fraud
- Government corporations
- Government liability
- Government Operations and Politics
- Government ownership
- Government paperwork
- Government publicity
- Governmental investigations
- Infrastructure
- Infrastructure (Economics)
- Inspectors general
- International Affairs
- Israel
- Law
- Leases
- Middle East and North Africa
- President and foreign policy
- Record votes
- Risk
- Science, Technology, Communications
- Technology transfer
- Terrorism
- Trade secrets
Text 4
Each version as it was printed, newest first.
- Jul 27, 2006Placed on Calendar Senate
- Jul 26, 2006Engrossed in House
- Jul 19, 2006Reported in House
- May 10, 2006Introduced in House
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.