CFIUS is comprised of 9 members, two ex officio members, and other members as appointed by the Pres. representing major departments and agencies within the Exec. Branch. While the group generally has operated in relative obscurity, the proposed acquisition of commercial operations at six U.S. ports by Dubai Ports World in 2006 placed the group¿s operations under intense scrutiny. Contents of this report: Background; Establishment of CFIUS; The ¿Exon-Florio¿ Provision; Treasury Dept. Regulations; The ¿Byrd Amendment¿; The Amended CFIUS Process; Procedures; Factors for Consideration; Confidentiality Require.; Mitigation and Tracking; Congressional Oversight; CFIUS Since Exon-Florio; Impact of the Exon-Florio Process on CFIUS. Illus.

The Committee on Foreign Investment in the United States (CFIUS) is comprised of nine members, two ex officio members, and other members as appointed by the President representing major departments and agencies within the federal executive branch. While the group generally has operated in relative obscurity, the proposed acquisition of commercial operations at six U.S. ports by Dubai Ports World in 2006 placed the group's operations under intense scrutiny by Members of Congress and the public. Prompted by this case, some Members of the 109th and 110th Congresses questioned the ability of Congress to exercise its oversight responsibilities given the general view that CFIUS's operations lack transparency. Other Members revisited concerns about the linkage between national security and the role of foreign investment in the U.S. economy. Some Members of Congress and others argued that the nation's security and economic concerns had changed following the September 11, 2001, terrorist attacks and that those concerns were not being reflected sufficiently in the Committee's deliberations. In addition, anecdotal evidence seemed to indicate that the CFIUS process was not market neutral. Instead, a CFIUS investigation of an investment transaction may have been perceived by some firms and by some in the financial markets as a negative factor that added to uncertainty and may have spurred firms to engage in behavior that may not have been optimal for the economy as a whole. On March 14, 2017, Senator Charles Grassley introduced S. 616 to include the Secretary of Agriculture and the Secretary of Health and Human Services as permanent members of the CFIUS and to include the national security impact of foreign investments in the food and agriculture systems as part of the criteria the Committee uses in deciding to recommend that the President block a foreign acquisition. In the first session of the 110th Congress, the House and Senate adopted S. 1610, the Foreign Investment and National Security Act (FINSA) of 2007. On July 11, 2007, the measure was sent to President Bush, who signed it on July 26, 2007. It is designated as P.L. 110-49. On January 23, 2008, President Bush issued Executive Order 13456 implementing the law. Despite the passage of the amendments, some Members of Congress and others question the performance of CFIUS and the way the Committee reviews cases involving foreign governments, particularly with the emergence of direct investments through sovereign wealth funds (SWFs) and state-owned enterprises. Some policymakers have suggested expanding CFIUS's purview to include a broader focus on the economic implications of individual foreign investment transactions and the cumulative effect of foreign investments on certain sectors or by investors from individual countries. The Obama Administration issued a statement on June 30, 2011, supporting an open investment policy, a commitment to treat all investors in a fair and equitable manner, and support for business investment from sources both home and abroad in the economy. President Obama used the authority granted to him under FINSA to block an American firm, Ralls Corporation, owned by Chinese nationals, from acquiring a U.S. wind farm energy firm and to block a Chinese investment firm from acquiring Aixtron, a German-based firm with assets in the United States. On October 31, 2013, the Obama Administration launched a new initiative, known as Select USA, to attract more foreign direct investment to the United States. According to the Administration, the aim of the program is to make attracting foreign investment as important a component of U.S. foreign policy as promoting exports.

This report makes recommendations for reforming the Committee on Foreign Investment in the United States (CFIUS) and examines how the administration and Congress can reassure foreign investors of U.S. openness and address growing anxieties in other countries.

The Project on National Security Reform submitted its 2-year study of the national security system, Forging a New Shield, to the President, President-elect, and Congress on November 26, 2008. Before the Project finalized the report's recommendations, its Vision Working Group tested the findings against a diverse set of scenarios to determine if the recommendations were robust and effective. This volume documents the scenario-testing process used by the Vision Working Group and includes the actual pre-reform and post-reform scenarios, and details many other scenario techniques used in the overall study. Results revealed that each of the five major findings improved the performance of the current national security system, but, on the whole, the findings concluded that the national security system was at risk of failure and needed serious reform. The work of the Vision Working Group has led to the formulation of an additional recommendation: The country must establish a mechanism to infuse greater foresight into the Executive Branch, and in particular the national security system. This proposed mechanism, named the Center for Strategic Analysis and Assessment, would exist and operate within the Executive Office of the President. This volume details the proposed architecture and operation of the Center.