[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 556 Reported in House (RH)]
Union Calendar No. 9
110th CONGRESS
1st Session
H. R. 556
[Report No. 110-24, Part I ]
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 18, 2007
Mrs. Maloney of New York (for herself, Ms. Pryce of Ohio, Mr. Crowley,
Mr. Blunt, Mr. Frank of Massachusetts, Mr. Bachus, Mr. Gutierrez, Mr.
Paul, Mr. Ackerman, Mr. Baker, Ms. Bean, Mrs. Biggert, Mr. Cleaver, Mr.
Cummings, Mr. Fossella, Mr. Garrett of New Jersey, Mr. Gillmor, Mr. Al
Green of Texas, Mr. Hinojosa, Ms. Hooley, Mr. King of New York, Mr.
Klein of Florida, Mr. Langevin, Mr. Lynch, Mr. Manzullo, Mr. McCotter,
Mr. Meeks of New York, Mr. Gary G. Miller of California, Mr. Moore of
Kansas, Ms. Moore of Wisconsin, Mrs. Myrick, Mr. Reynolds, Ms. Ros-
Lehtinen, Mr. Scott of Georgia, Mr. Smith of Texas, Mr. Reichert, and
Ms. Watson) introduced the following bill; which was referred to the
Committee on Financial Services, and in addition to the Committees on
Energy and Commerce and Foreign Affairs, 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
February 23, 2007
Additional sponsors: Mr. Hoekstra, Mrs. McCarthy of New York, Mr.
Matheson, Mr. Thompson of Mississippi, Mr. Clay, Mr. Israel, Mr. Barton
of Texas, Mr. Watt, Ms. Harman, Mr. Shays, Ms. Ginny Brown-Waite of
Florida, Mr. LaTourette, Mr. Buchanan, Mr. Miller of North Carolina,
Mr. Hastings of Washington, Mr. Dicks, Mr. English of Pennsylvania, Mr.
Smith of Washington, Mrs. Capito, Mr. Courtney, Mr. Pascrell, and Mrs.
McMorris Rodgers
February 23, 2007
Reported from the Committee on Financial Services with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
February 23, 2007
Committees on Energy and Commerce and Foreign Affairs discharged;
committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on January
18, 2007]
_______________________________________________________________________
A BILL
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Security Foreign Investment
Reform and Strengthened Transparency Act of 2007''.
SEC. 2. UNITED STATES SECURITY IMPROVEMENT AMENDMENTS; CLARIFICATION OF
REVIEW AND INVESTIGATION PROCESS.
Section 721 of the Defense Production Act of 1950 (50 U.S.C. App.
2170) is amended by striking subsections (a) and (b) and inserting the
following new subsections:
``(a) Definitions.--For purposes of this section, the following
definitions shall apply:
``(1) Committee.--The term `Committee' means the Committee
on Foreign Investment in the United States.
``(2) Control.--The term `control' has the meaning given to
such term in regulations which the Committee shall prescribe.
``(3) Covered transaction.--The term `covered transaction'
means any merger, acquisition, or takeover by or with any
foreign person which could result in foreign control of any
person engaged in interstate commerce in the United States.
``(4) Foreign government-controlled transaction.--The term
`foreign government-controlled transaction' means any covered
transaction that could result in the control of any person
engaged in interstate commerce in the United States by a
foreign government or an entity controlled by or acting on
behalf of a foreign government.
``(5) Clarification.--The term `national security' shall be
construed so as to include those issues relating to `homeland
security', including its application to critical
infrastructure.
``(b) National Security Reviews and Investigations.--
``(1) National security reviews.--
``(A) In general.--Upon receiving written
notification under subparagraph (C) of any covered
transaction, or on a motion made under subparagraph (D)
with respect to any covered transaction, the President,
acting through the Committee, shall review the covered
transaction to determine the effects of the transaction
on the national security of the United States.
``(B) Control by foreign government.--If the
Committee determines that the covered transaction is a
foreign government-controlled transaction, the
Committee shall conduct an investigation of the
transaction under paragraph (2).
``(C) Written notice.--
``(i) In general.--Any party to any covered
transaction may initiate a review of the
transaction under this paragraph by submitting
a written notice of the transaction to the
Chairperson of the Committee.
``(ii) Withdrawal of notice.--No covered
transaction for which a notice was submitted
under clause (i) may be withdrawn from review
unless--
``(I) a written request for such
withdrawal is submitted by any party to
the transaction; and
``(II) the request is approved in
writing by the Chairperson, in
consultation with the Vice
Chairpersons, of the Committee.
``(iii) Continuing discussions.--The
approval of a withdrawal request under clause
(ii) shall not be construed as precluding any
party to the covered transaction from
continuing informal discussions with the
Committee or any Committee member regarding
possible resubmission for review pursuant to
this paragraph.
``(D) Unilateral initiation of review.--Subject to
subparagraph (F), the President, the Committee, or any
member acting on behalf of the Committee may move to
initiate a review under subparagraph (A) of--
``(i) any covered transaction;
``(ii) any covered transaction that has
previously been reviewed or investigated under
this section, if any party to the transaction
submitted false or misleading material
information to the Committee in connection with
the review or investigation or omitted material
information, including material documents, from
information submitted to the Committee; or
``(iii) any covered transaction that has
previously been reviewed or investigated under
this section, if any party to the transaction
or the entity resulting from consummation of
the transaction intentionally materially
breaches a mitigation agreement or condition
described in subsection (l)(1)(A), and--
``(I) such breach is certified by
the lead department or agency
monitoring and enforcing such agreement
or condition as an intentional material
breach; and
``(II) such department or agency
certifies that there is no other remedy
or enforcement tool available to
address such breach.
``(E) Timing.--Any review under this paragraph
shall be completed before the end of the 30-day period
beginning on the date of the receipt of written notice
under subparagraph (C) by the Chairperson of the
Committee, or the date of the initiation of the review
in accordance with a motion under subparagraph (D).
``(F) Limit on delegation of certain authority.--
The authority of the Committee or any member of the
Committee to initiate a review under subparagraph (D)
may not be delegated to any person other than the
Deputy Secretary or an appropriate Under Secretary of
the department or agency represented on the committee
or by such member (or by a person holding an equivalent
position to a Deputy Secretary or Under Secretary).
``(2) National security investigations.--
``(A) In general.--In each case in which--
``(i) a review of a covered transaction
under paragraph (1) results in a determination
that--
``(I) the transaction threatens to
impair the national security of the
United States and that threat has not
been mitigated during or prior to the
review of a covered transaction under
paragraph (1); or
``(II) the transaction is a foreign
government-controlled transaction;
``(ii) a roll call vote pursuant to
paragraph (3)(A) in connection with a review
under paragraph (1) of any covered transaction
results in at least 1 vote by a Committee
member against approving the transaction; or
``(iii) the Director of National
Intelligence identifies particularly complex
intelligence concerns that could threaten to
impair the national security of the United
States and Committee members were not able to
develop and agree upon measures to mitigate
satisfactorily those threats during the initial
review period under paragraph (1),
the President, acting through the Committee, shall
immediately conduct an investigation of the effects of
the transaction on the national security of the United
States and take any necessary actions in connection
with the transaction to protect the national security
of the United States.
``(B) Timing.--
``(i) In general.--Any investigation under
subparagraph (A) shall be completed before the
end of the 45-day period beginning on the date
of the investigation commenced.
``(ii) Extensions of time.--The period
established under subparagraph (B) for any
investigation of a covered transaction may be
extended with respect to any particular
investigation by the President or by a rollcall
vote of at least 2/3 of the members of the
Committee involved in the investigation by the
amount of time specified by the President or
the Committee at the time of the extension, not
to exceed 45 days, as necessary to collect and
fully evaluate information relating to--
``(I) the covered transaction or
parties to the transaction; and
``(II) any effect of the
transaction that could threaten to
impair the national security of the
United States.
``(C) Exception.--Notwithstanding subparagraph
(A)(i)(II), an investigation of a foreign government-
controlled transaction shall not be required under this
paragraph if the Secretary of the Treasury, the
Secretary of Homeland Security, and the Secretary of
Commerce determine, on the basis of the review of the
transaction under paragraph (1), that the transaction
will not affect the national security of the United
States and no agreement or condition is required, with
respect to the transaction, to mitigate any threat to
the national security (and such authority of each such
Secretary may not be delegated to any person other than
the Deputy Secretary of the Treasury, of Homeland
Security, or of Commerce, respectively).
``(3) Approval of chairperson and vice chairpersons
required.--
``(A) In general.--A review or investigation under
this subsection of a covered transaction shall not be
treated as final or complete until the results of such
review or investigation are approved by a majority of
the members of the Committee in a roll call vote and
signed by the Secretary of the Treasury, the Secretary
of Homeland Security, and the Secretary of Commerce
(and such authority of each such Secretary may not be
delegated to any person other than the Deputy Secretary
or an appropriate Under Secretary of the Treasury, of
Homeland Security, or of Commerce, respectively).
``(B) Additional action required in certain
cases.--In the case of any roll call vote pursuant to
subparagraph (A) in connection with an investigation
under paragraph (2) of any foreign government-
controlled transaction in which there is at least 1
vote by a Committee member against approving the
transaction, the investigation shall not be treated as
final or complete until the findings and report
resulting from such investigation are signed by the
President (in addition to the Chairperson and the Vice
Chairpersons of the Committee under subparagraph (A)).
``(C) Presidential action required in certain
cases.--In the case of any covered transaction in which
any party to the transaction is--
``(i) a person of a country the government
of which the Secretary of State has determined,
for purposes of section 6(j) of the Export
Administration Act of 1979 (as continued in
effect pursuant to the International Emergency
Economic Powers Act), section 40 of the Arms
Export Control Act, section 620A of the Foreign
Assistance Act of 1961, or other provision of
law, is a government that has repeatedly
provided support for acts of international
terrorism;
``(ii) a government described in clause
(i); or
``(iii) person controlled, directly or
indirectly, by any such government,
a review or investigation under this subsection of such
covered transaction shall not be treated as final or
complete until the results of such review or
investigation are approved and signed by the President.
``(4) Analysis by director of national intelligence.--
``(A) In general.--The Director of National
Intelligence shall expeditiously carry out a thorough
analysis of any threat to the national security of the
United States of any covered transaction, including
making requests for information to the Director of the
Office of Foreign Assets Control within the Department
of the Treasury and the Director of the Financial
Crimes Enforcement Network. The Director of National
Intelligence also shall seek and incorporate the views
of all affected or appropriate intelligence agencies.
``(B) Timing.--The Director of National
Intelligence shall be provided adequate time to
complete the analysis required under subparagraph (A),
including any instance described in paragraph
(2)(A)(iii).
``(C) Independent role of director.--The Director
of National Intelligence shall not be a member of the
Committee and shall serve no policy role with the
Committee other than to provide analysis under
subparagraph (A) in connection with a covered
transaction.
``(5) Submission of additional information.--No provision
of this subsection shall be construed as prohibiting any party
to a covered transaction from submitting additional information
concerning the transaction, including any proposed
restructuring of the transaction or any modifications to any
agreements in connection with the transaction, while any review
or investigation of the transaction is on-going.
``(6) Regulations.--Regulations prescribed under this
section shall include standard procedures for--
``(A) submitting any notice of a proposed or
pending covered transaction to the Committee;
``(B) submitting a request to withdraw a proposed
or pending covered transaction from review; and
``(C) resubmitting a notice of proposed or pending
covered transaction that was previously withdrawn from
review.''.
SEC. 3. STATUTORY ESTABLISHMENT OF THE COMMITTEE ON FOREIGN INVESTMENT
IN THE UNITED STATES.
(a) In General.--Section 721 of the Defense Production Act of 1950
(50 U.S.C. App. 2170) is amended by striking subsection (k) and
inserting the following new subsection:
``(k) Committee on Foreign Investment in the United States.--
``(1) Establishment.--The Committee on Foreign Investment
in the United States established pursuant to Executive Order
No. 11858 shall be a multi-agency committee to carry out this
section and such other assignments as the President may
designate.
``(2) Membership.--The Committee shall be comprised of the
following members or the designee of any such member:
``(A) The Secretary of the Treasury.
``(B) The Secretary of Homeland Security.
``(C) The Secretary of Commerce.
``(D) The Secretary of Defense.
``(E) The Secretary of State.
``(F) The Attorney General.
``(G) The Secretary of Energy.
``(H) The Chairman of the Council of Economic
Advisors.
``(I) The United States Trade Representative.
``(J) The Director of the Office of Management and
Budget.
``(K) The Director of the National Economic
Council.
``(L) The Director of the Office of Science and
Technology Policy.
``(M) The President's Assistant for National
Security Affairs.
``(N) Any other designee of the President from the
Executive Office of the President.
``(3) Chairperson; vice chairpersons.--The Secretary of the
Treasury shall be the Chairperson of the Committee. The
Secretary of Homeland Security and the Secretary of Commerce
shall be the Vice Chairpersons of the Committee.
``(4) Other members.--Subject to subsection (b)(4)(B), the
Chairperson of the Committee shall involve the heads of such
other Federal departments, agencies, and independent
establishments in any review or investigation under subsection
(b) as the Chairperson, after consulting with the Vice
Chairpersons, determines to be appropriate on the basis of the
facts and circumstances of the transaction under investigation
(or the designee of any such department or agency head).
``(5) Meetings.--The Committee shall meet upon the
direction of the President or upon the call of the Chairperson
of the Committee without regard to section 552b of title 5,
United States Code (if otherwise applicable).
``(6) Collection of evidence.--Subject to subsection (c),
the Committee may, for the purpose of carrying out this
section--
``(A) sit and act at such times and places, take
such testimony, receive such evidence, administer such
oaths; and
``(B) require the attendance and testimony of such
witnesses and the production of such books, records,
correspondence, memoranda, papers, and documents as the
Chairperson of the Committee may determine advisable.
``(7) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary of the Treasury
for each of fiscal years 2008, 2009, 2010, and 2011 expressly
and solely for the operations of the Committee that are
conducted by the Secretary, the sum of $10,000,000.''.
(b) Technical and Conforming Amendment.--The first sentence of
section 721(c) of the Defense Production Act of 1950 (50 U.S.C. App.
2170(c)) is amended--
(1) by striking ``material filed with'' and inserting
``material, including proprietary business information, filed
with, or testimony presented to,''; and
(2) by striking ``or documentary material'' the second
place such term appears and inserting ``, documentary material,
or testimony''.
SEC. 4. ADDITIONAL FACTORS REQUIRED TO BE CONSIDERED.
Section 721(f) of the Defense Production Act of 1950 (50 U.S.C.
App. 2170(f)) is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``may'' and inserting ``shall'';
and
(B) by striking ``among other factors'';
(2) by striking ``and'' at the end of paragraph (4);
(3) by striking the period at the end of paragraph (5) and
inserting a semicolon; and
(4) by adding at the end the following new paragraphs:
``(6) whether the covered transaction has a security-
related impact on critical infrastructure in the United States;
``(7) whether the covered transaction is a foreign
government-controlled transaction; and
``(8) such other factors as the President or the
President's designee may determine to be appropriate, generally
or in connection with a specific review or investigation.''.
SEC. 5. NONWAIVER OF SOVEREIGN IMMUNITY.
Section 721(d) of the Defense Production Act of 1950 (50 U.S.C.
App. 2170(d)) is amended by adding at the end the following new
sentence: ``The United States shall not be held liable for any losses
or other expenses incurred by any party to a covered transaction as a
result of actions taken under this section after a covered transaction
has been consummated if the party did not submit a written notice of
the transaction to the Chairperson of the Committee under subsection
(b)(1)(C) or did not wait until the completion of any review or
investigation under subsection (b), or the end of the 15-day period
referred to in this subsection, before consummating the transaction.''.
SEC. 6. MITIGATION, TRACKING, AND POST-CONSUMMATION MONITORING AND
ENFORCEMENT.
Section 721 of the Defense Production Act of 1950 (50 U.S.C. App.
2170) is amended by inserting after subsection (k) (as amended by
section 3 of this Act) the following new subsection:
``(l) Mitigation, Tracking, and Postconsummation Monitoring and
Enforcement.--
``(1) Mitigation.--
``(A) In general.--The Committee or any agency
designated by the Chairperson and Vice Chairpersons
may, on behalf of the Committee, negotiate, enter into
or impose, and enforce any agreement or condition with
any party to a covered transaction in order to mitigate
any threat to the national security of the United
States that arises as a result of the transaction.
``(B) Risk-based analysis required.--Any agreement
entered into or condition imposed under subparagraph
(A) shall be based on a risk-based analysis of the
threat to national security of the covered transaction.
``(2) Tracking authority for withdrawn notices.--
``(A) In general.--If any written notice of a
covered transaction that was submitted to the Committee
under this section is withdrawn before any review or
investigation by the Committee under subsection (b) is
completed, the Committee shall establish, as
appropriate--
``(i) interim protections to address
specific concerns with such transaction that
have been raised in connection with any such
review or investigation pending any
resubmission of any written notice under this
section with respect to such transaction and
further action by the President under this
section;
``(ii) specific timeframes for resubmitting
any such written notice; and
``(iii) a process for tracking any actions
that may be taken by any party to the
transaction, in connection with the
transaction, before the notice referred to in
clause (ii) is resubmitted.
``(B) Designation of agency.--The Committee may
designate 1 or more appropriate Federal departments or
agencies, other than any entity of the intelligence
community (as defined in the National Security Act of
1947), as a lead agency to carry out, on behalf of the
Committee, the requirements of subparagraph (A) with
respect to any covered transaction that is subject to
such subparagraph.
``(3) Negotiation, modification, monitoring, and
enforcement.--
``(A) Designation of agency.--The Committee shall
designate 1 or more Federal departments or agencies as
the lead agency to negotiate, modify, monitor, and
enforce, on behalf of the Committee, any agreement
entered into or condition imposed under paragraph (1)
with respect to a covered transaction based on the
expertise with and knowledge of the issues related to
such transaction on the part of the designated
department or agency.
``(B) Reporting by designated agency.--
``(i) Implementation reports.--Each Federal
department or agency designated by the
Committee as a lead agency under subparagraph
(A) in connection with any agreement entered
into or condition imposed under paragraph (1)
with respect to a covered transaction shall--
``(I) provide periodic reports to
the Chairperson and Vice Chairpersons
of the Committee on the implementation
of such agreement or condition; and
``(II) require, as appropriate, any
party to the covered transaction to
report to the head of such department
or agency (or the designee of such
department or agency head) on the
implementation or any material change
in circumstances.
``(ii) Modification reports.--Any Federal
department or agency designated by the
Committee as a lead agency under subparagraph
(A) in connection with any agreement entered
into or condition imposed with respect to a
covered transaction shall--
``(I) provide periodic reports to
the Chairperson and Vice Chairpersons
of the Committee on any modification to
any such agreement or condition imposed
with respect to the transaction; and
``(II) ensure that any significant
modification to any such agreement or
condition is reported to the Director
of National Intelligence and to any
other Federal department or agency that
may have a material interest in such
modification.''.
SEC. 7. INCREASED OVERSIGHT BY THE CONGRESS.
(a) Report on Actions.--Section 721(g) of the Defense Production
Act of 1950 (50 U.S.C. App. 2170) is amended to read as follows:
``(g) Reports to the Congress.--
``(1) Reports on completed committee investigations.--
``(A) In general.--Not later than 5 days after the
completion of a Committee investigation of a covered
transaction under subsection (b)(2), or, if the
President indicates an intent to take any action
authorized under subsection (d) with respect to the
transaction, after the end of 15-day period referred to
in subsection (d), the Chairperson or a Vice
Chairperson of the Committee shall submit a written
report on the findings or actions of the Committee with
respect to such investigation, the determination of
whether or not to take action under subsection (d), an
explanation of the findings under subsection (e), and
the factors considered under subsection (f), with
respect to such transaction, to--
``(i) the Majority Leader and the Minority
Leader of the Senate;
``(ii) the Speaker and the Minority Leader
of the House of Representatives; and
``(iii) the chairman and ranking member of
each committee of the House of Representatives
and the Senate with jurisdiction over any
aspect of the covered transaction and its
possible effects on national security,
including the Committee on Foreign Affairs, the
Committee on Financial Services, and the
Committee on Energy and Commerce of the House
of Representatives.
``(B) Notice and briefing requirement.--If a
written request for a briefing on a covered transaction
is submitted to the Committee by any Senator or Member
of Congress who receives a report on the transaction
under subparagraph (A), the Chairperson or a Vice
Chairperson (or such other person as the Chairperson or
a Vice Chairperson may designate) shall provide 1
classified briefing to each House of the Congress from
which any such briefing request originates in a secure
facility of appropriate size and location that shall be
open only to the Majority Leader and the Minority
Leader of the Senate, the Speaker and the Minority
Leader of the House of Representatives, (as the case
may be) the chairman and ranking member of each
committee of the House of Representatives or the Senate
(as the case may be) with jurisdiction over any aspect
of the covered transaction and its possible effects on
national security, including the Committee on
International Relations, the Committee on Financial
Services, and the Committee on Energy and Commerce of
the House of Representatives, and appropriate staff
members who have security clearance.
``(2) Application of other provision.--
``(A) In general.--The disclosure of information
under this subsection shall be consistent with the
requirements of subsection (c). Members of Congress and
staff of either House or any committee of the Congress
shall be subject to the same limitations on disclosure
of information as are applicable under such subsection.
``(B) Proprietary information.--Proprietary
information which can be associated with a particular
party to a covered transaction shall be furnished in
accordance with subparagraph (A) only to a committee of
the Congress and only when the committee provides
assurances of confidentiality, unless such party
otherwise consents in writing to such disclosure.''.
(b) Annual Report.--Section 721 of the Defense Production Act of
1950 (50 U.S.C. App. 2170) is amended by inserting after subsection (l)
(as added by section 6 of this Act) the following new subsection:
``(m) Annual Report to the Congress.--
``(1) In general.--The Chairperson of the Committee shall
transmit a report to the chairman and ranking member of each
committee of the House of Representatives and the Senate with
jurisdiction over any aspect of the report, including the
Committee on International Relations, the Committee on
Financial Services, and the Committee on Energy and Commerce of
the House of Representatives, before July 31 of each year on
all the reviews and investigations of covered transactions
completed under subsection (b) during the 12-month period
covered by the report.
``(2) Contents of report relating to covered
transactions.--The report under paragraph (1) shall contain the
following information with respect to each covered transaction:
``(A) A list of all notices filed and all reviews
or investigations completed during the period with
basic information on each party to the transaction, the
nature of the business activities or products of all
pertinent persons, along with information about the
status of the review or investigation, information on
any withdrawal from the process, any rollcall votes by
the Committee under this section, any extension of time
for any investigation, and any presidential decision or
action under this section.
``(B) Specific, cumulative, and, as appropriate,
trend information on the numbers of filings,
investigations, withdrawals, and presidential decisions
or actions under this section.
``(C) Cumulative and, as appropriate, trend
information on the business sectors involved in the
filings which have been made, and the countries from
which the investments have originated.
``(D) Information on whether companies that
withdrew notices to the Committee in accordance with
subsection (b)(1)(C)(ii) have later re-filed such
notices, or, alternatively, abandoned the transaction.
``(E) The types of security arrangements and
conditions the Committee has used to mitigate national
security concerns about a transaction.
``(F) A detailed discussion of all perceived
adverse effects of covered transactions on the national
security or critical infrastructure of the United
States that the Committee will take into account in its
deliberations during the period before delivery of the
next such report, to the extent possible.
``(3) Contents of report relating to critical
technologies.--
``(A) In general.--In order to assist the Congress
in its oversight responsibilities with respect to this
section, the President and such agencies as the
President shall designate shall include in the annual
report submitted under paragraph (1) the following:
``(i) An evaluation of whether there is
credible evidence of a coordinated strategy by
1 or more countries or companies to acquire
United States companies involved in research,
development, or production of critical
technologies for which the United States is a
leading producer.
``(ii) An evaluation of whether there are
industrial espionage activities directed or
directly assisted by foreign governments
against private United States companies aimed
at obtaining commercial secrets related to
critical technologies.
``(B) Critical technologies defined.--For purposes
of this paragraph, the term `critical technologies'
means technologies identified under title VI of the
National Science and Technology Policy, Organization,
and Priorities Act of 1976 or other critical
technology, critical components, or critical technology
items essential to national defense or national
security identified pursuant to this section.
``(C) Release of unclassified study.--That portion
of the annual report under paragraph (1) that is
required by this paragraph may be classified. An
unclassified version of that portion of the report
shall be made available to the public.''.
(c) Study and Report.--
(1) Study required.--Before the end of the 120-day period
beginning on the date of the enactment of this Act, the
Secretary of the Treasury, in consultation with the Secretary
of State and the Secretary of Commerce, shall conduct a study
on investments in the United States, especially investments in
critical infrastructure and industries affecting national
security, by--
(A) foreign governments, entities controlled by or
acting on behalf of a foreign government, or persons of
foreign countries which comply with any boycott of
Israel; or
(B) foreign governments, entities controlled by or
acting on behalf of a foreign government, or persons of
foreign countries which do not ban organizations
designated by the Secretary of State as foreign
terrorist organizations.
(2) Report.--Before the end of the 30-day period beginning
upon completion of the study under paragraph (1) or in the next
annual report under section 721(m) of the Defense Production
Act of 1950 (as added by subsection (b)), the Secretary of the
Treasury shall submit a report to the Congress, for transmittal
to all appropriate committees of the Senate and the House of
Representatives, containing the findings and conclusions of the
Secretary with respect to the study, together with an analysis
of the effects of such investment on the national security of
the United States and on any efforts to address those effects.
SEC. 8. CERTIFICATION OF NOTICES AND ASSURANCES.
Section 721 of the Defense Production Act of 1950 (50 U.S.C. App.
2170) is amended by inserting after subsection (m) (as added by section
7(b) of this Act) the following new subsection:
``(n) Certification of Notices and Assurances.--Each notice
required to be submitted, by a party to a covered transaction, to the
President or the President's designee under this section and
regulations prescribed under such section, and any information
submitted by any such party in connection with any action for which a
report is required pursuant to paragraph (3)(B)(ii) of subsection (l)
with respect to the implementation of any mitigation agreement or
condition described in paragraph (1)(A) of such subsection, or any
material change in circumstances, shall be accompanied by a written
statement by the chief executive officer or the designee of the person
required to submit such notice or information certifying that, to the
best of the person's knowledge and belief--
``(1) the notice or information submitted fully complies
with the requirements of this section or such regulation,
agreement, or condition; and
``(2) the notice or information is accurate and complete in
all material respects.''.
SEC. 9. REGULATIONS.
Section 721(h) of the Defense Production Act of 1950 (50 U.S.C.
App. 2170(h)) is amended to read as follows:
``(h) Regulations.--The President shall direct the issuance of
regulations to carry out this section. Such regulations shall, to the
extent possible, minimize paperwork burdens and shall to the extent
possible coordinate reporting requirements under this section with
reporting requirements under any other provision of Federal law.''.
SEC. 10. EFFECT ON OTHER LAW.
Section 721(i) of the Defense Production Act of 1950 (50 U.S.C.
App. 2170(i)) is amended to read as follows:
``(i) Effect on Other Law.--No provision of this section shall be
construed as altering or affecting any other authority, process,
regulation, investigation, enforcement measure, or review provided by
or established under any other provision of Federal law, including the
International Emergency Economic Powers Act, or any other authority of
the President or the Congress under the Constitution of the United
States.''.
SEC. 11. EFFECTIVE DATE.
The amendments made by this Act shall apply after the end of the
90-day period beginning on the date of the enactment of this Act.
Union Calendar No. 9
110th CONGRESS
1st Session
H. R. 556
[Report No. 110-24, Part I ]
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A BILL
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.
_______________________________________________________________________
February 23, 2007
Committees on Energy and Commerce and Foreign Affairs discharged;
committed to the Committee of the Whole House on the State of the Union
and ordered to be printed