CFIUS Jurisdiction During A US Government Shutdown

While it appears the Federal Government may escape another shutdown, as Congress and the White House negotiate over legislative priorities (the looming shutdown, which will occur if there is no resolution before midnight April 28, 2017), no one expects that the possibility of future shutdowns has been eliminated. Federal Government shutdowns have broad implications for numerous government functions, and the current lack of attention to their impact on certain national security issues, including those carried out by the Committee on Foreign Investment in the Untied States ("CFIUS"), which review transactions and investments by foreign persons and companies in US businesses for national security concerns, should be addressed before the next threat of a shutdown arises. Under current law, there is no consideration for the effects of a shutdown on CFIUS reviews, and that oversight could adversely impact national security reviews conducted by the Committee.