Skip to main content
HR 5337 109th Congress House 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

National Security Foreign Investment Reform and Strengthened Transparency Act of 2006

Introduced: May 10, 2006 See on congress.gov
 Everywhere this bill has been 26 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Jul 27, 2006
Received in the Senate. Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 538.
Jul 26, 2006
Motion to reconsider laid on the table Agreed to without objection.
Jul 26, 2006
On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 424 - 0 (Roll no. 404). (text: CR H5863-5867)
Jul 26, 2006
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 424 - 0 (Roll no. 404).(text: CR H5863-5867)
Jul 26, 2006
Considered as unfinished business. (consideration: CR H5899-5900)
Jul 26, 2006
At 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.
Jul 26, 2006
DEBATE - The House proceeded with forty minutes of debate on H.R. 5337.
Jul 26, 2006
Considered under suspension of the rules. (consideration: CR H5863-5873)
Jul 26, 2006
Mr. Oxley moved to suspend the rules and pass the bill, as amended.
Jul 17, 2006
Placed on the Union Calendar, Calendar No. 329.
Jul 17, 2006
Committee on International Relations discharged.
Jul 17, 2006
Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 109-523, Part II.
Jul 12, 2006
Ordered to be Reported (Amended) by Voice Vote.
Jul 12, 2006
Committee Consideration and Mark-up Session Held.
Jul 11, 2006
Subcommittee Hearings Held.
Jun 22, 2006
House Committee on International Relations Granted an extension for further consideration ending not later than July 17, 2006.
Jun 22, 2006
House Committee on Energy and Commerce Granted an extension for further consideration ending not later than July 17, 2006.
Jun 22, 2006
Reported (Amended) by the Committee on Financial Services. H. Rept. 109-523, Part I.
Jun 14, 2006
Committee Consideration and Mark-up Session Held.
Jun 14, 2006
Ordered to be Reported (Amended) by the Yeas and Nays: 64 - 0.
Jun 5, 2006
Referred to the Subcommittee on Commerce, Trade and Consumer Protection, for a period to be subsequently determined by the Chairman .
May 17, 2006
Subcommittee on Domestic and International Monetary Policy, Trade, and Technology Discharged.
May 17, 2006
Subcommittee Hearings Held.
May 16, 2006
Referred to the Subcommittee on Domestic and International Monetary Policy, Trade, and Technology.
May 10, 2006
Referred to the Committee on Financial Services, and in addition to the Committees on Energy and Commerce, and International Relations, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
May 10, 2006
Introduced in House
 Votes taken on this bill 1
DateChamberWhat was voted onResultYes–No
Jul 26, 2006 House · vote #404 On Motion to Suspend the Rules and Pass, as Amended Passed 4240 See who voted →
 Plain-English summary Congressional Research Service

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.

What's happening now July 27, 2006

Received in the Senate. Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 538.

 Committees of jurisdiction 5