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Bill > S2098


US S2098

Foreign Investment Risk Review Modernization Act of 2018


summary

Introduced
11/08/2017
In Committee
05/22/2018
Crossed Over
Passed
Dead
12/31/2018

Introduced Session

115th Congress

Bill Summary

Foreign Investment Risk Review Modernization Act of 2018 This bill amends the Defense Production Act of 1950 to expand the scope of "covered transaction" subject to the review of the Committee on Foreign Investment in the United States (CFIUS). CFIUS analyzes the national security implications of foreign investment in the United States. A covered transaction includes: any merger, acquisition, or takeover that could result in foreign control of any U.S. business, the purchase or lease of real estate located in the United States that is in close proximity to a U.S. military installation or to another U.S. government facility or property that is sensitive for reasons relating to national security, other investment in a U.S. critical technology company or U.S. critical infrastructure company, any change in a foreign investor's rights that results in foreign control of a U.S. business, the contribution of intellectual property to a foreign person, or any other transaction, transfer, agreement, or arrangement designed to evade or circumvent the authority of CFIUS. The bill revises other provisions relating to CFIUS, including the length of its review period, special hiring authority and funding, and authority to mandate reviews or take unilateral action.

AI Summary

This bill modernizes and strengthens the Committee on Foreign Investment in the United States (CFIUS) to more effectively guard against national security risks posed by certain types of foreign investment. Key provisions: - Expands the scope of "covered transactions" subject to CFIUS review, including real estate purchases near military installations and other critical infrastructure, as well as other investments in critical technology or infrastructure companies. - Allows for mandatory declarations for certain covered transactions with foreign government interests, and permits CFIUS to initiate unilateral reviews. - Increases the length of CFIUS review periods, provides special hiring authority and funding for CFIUS, and authorizes it to take unilateral action. - Requires analysis by the Director of National Intelligence and allows information sharing with allies. - Provides for judicial review procedures and clarifies factors to be considered by CFIUS. - Modifies annual reporting requirements, centralizes certain CFIUS functions, and establishes a dedicated funding source. The bill aims to modernize CFIUS to address evolving national security threats while maintaining an open investment policy consistent with protecting national security.

Committee Categories

Housing and Urban Affairs

Sponsors (13)

Last Action

Placed on Senate Legislative Calendar under General Orders. Calendar No. 426. (on 05/22/2018)

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