The upcoming U.S. outbound investment restrictions (see 2308090066 and 2308100045) should be overseen by the Office of Foreign Assets Control, not the agency that heads the Committee on Foreign Investment in the U.S., Republicans said this week. Several lawmakers, including Patrick McHenry, the top Republican on the House Financial Services Committee, said the new outbound investment restrictions are similar to a sanctions program as opposed to the case-by-case review process overseen by CFIUS for inbound investments, and said OFAC is better suited to prevent China from benefiting from sensitive American investments.

The Senate last week passed its version of the FY 2024 National Defense Authorization Act with several trade-related amendments, including one that could establish a notification regime for, but not restrict, certain outbound investments (see 2307260029).

The Senate this week voted to attach amendments to its version of the FY 2024 National Defense Authorization Act, including one that could establish a notification regime for certain outbound investments and another that could ban China, Russia, North Korea and Iran from investing in American farmland and agricultural businesses.

The Global Investment in American Jobs Act, a bill that directs the administration to produce a report on the effect of trade barriers to U.S. digital exports and on the extent of foreign direct investment in U.S. companies by state-owned enterprises, passed the House of Representatives by a 386-22 vote July 17. There is no similar bill introduced in the Senate.

A bipartisan bill recently introduced in the House would give the Committee on Foreign Investment in the U.S. the power to block all U.S. land purchases by entities from certain “foreign adversary” countries and require mandatory CFIUS filings for those entities buying land near all American military bases. The Protecting U.S. Farmland and Sensitive Sites From Foreign Adversaries Act, introduced last week, also would establish a “presumption of non-resolvability” for those reviews, which would require the committee to assume at the outset that any national security concerns can’t be resolved.

Republican Sens. Marco Rubio of Florida and John Cornyn of Texas reintroduced a bill this week to expand U.S. foreign investment reviews to cover companies “working with genetic information.” The Genomics Expenditures and National Security Enhancement Act, originally introduced in 2021 (see 2105250022), would direct the Committee on Foreign Investment in the U.S. to “rewrite its regulations” to require mandatory filings for any foreign investments that involve genetic information. CFIUS would be required to consult with the Department of Health and Human Services on any deal that involves a “genetic data transaction,” and would be required to include the Senate’s Select Committee on Intelligence and the Foreign Relations Committee in its briefings.

The Committee on Foreign Investment in the U.S. is open to working with lawmakers on a bill that could block China, Russia, Iran and North Korea from investing in American land or agricultural companies, said Paul Rosen, the head of CFIUS. While Rosen didn’t explicitly endorse the Promoting Agriculture Safeguards and Security Act, suggesting that CFIUS would need more resources if its jurisdiction were broadened, he said the legislation raises valid concerns.

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Both outbound and a new approach for the Committee for Foreign Investment in the U.S. drew attention at a recent hearing of the House Select Committee on the Chinese Communist Party, and the chairman of the committee suggested that limiting investment screening to active investors, such as venture capital firms, is not enough.

The Committee on Foreign Investment in the U.S. is mitigating more investment deals and is hiring more staff to manage its increasing workload, said Paul Rosen, head of CFIUS. Rosen also said the committee is assessing more violations for breaches of mitigation agreements and is “for the first time” beginning to receive voluntary self-disclosures.