H.R. 5236 — Critical Infrastructure Security Act

This section amends section 721 of the Defense Production Act of 1950 (50 U.S.C. 4565) concerning reviews by the Committee on Foreign Investment in the United States (CFIUS) of covered transactions involving sensitive U.S. government facilities and property. Specifically, it (1) expands the scope of such facilities and property to expressly include those of the intelligence community or a National Laboratory (as defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801), i.e., 17 specified Department of Energy laboratories such as Argonne National Laboratory and Los Alamos National Laboratory) and (2) adds as a basis for sensitivity reasons relating to critical infrastructure (including drinking water) in addition to national security. The section further requires CFIUS semiannual reports to include a list of all notices, declarations, reviews, and investigations of covered transactions involving such facilities and property; directs each CFIUS member agency to conduct an annual review (due by January 31) of its list of sensitive facilities and property and to submit an approved report with recommended updates to the CFIUS chairperson; and requires the chairperson to provide, upon request, a classified briefing to specified Members of Congress and cleared staff regarding those lists.