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Testimony: 

Before the Senate Banking, Housing, and Urban Affairs Committee: 

United States Government Accountability Office: 

GAO: 

For Release on Delivery Expected at 10:00 a.m. EDT: 

Thursday, October 6, 2005: 

Defense Trade: 

Implementation of Exon-Florio: 

Statement of Katherine Schinasi, Managing Director, Acquisition and 
Sourcing Management: 

GAO-06-135T: 

GAO Highlights: 

Highlights of GAO-06-135T, a report to Senate Banking, Housing, and 
Urban Affairs Committee: 

Why GAO Did This Study: 

The 1988 Exon-Florio amendment to the Defense Production Act authorizes 
the President to suspend or prohibit foreign acquisitions of U.S. 
companies that may harm national security, an action the President has 
taken only once. Implementing Exon-Florio can pose a significant 
challenge because of the need to weigh security concerns against U.S. 
open investment policy—which requires equal treatment of foreign and 
domestic investors. 

Exon-Florio’s investigative authority was delegated to the Committee on 
Foreign Investment in the United States (Committee)—an interagency 
committee established in 1975 to monitor and coordinate U.S. policy on 
foreign investments. In September 2002, GAO reported on weaknesses in 
the Committee’s implementation of Exon-Florio. This review further 
examined the Committee’s implementation of Exon-Florio. 

What GAO Found: 

Several aspects of the process for implementing Exon-Florio could be 
enhanced thereby strengthening the law’s effectiveness. First, in light 
of differing views among Committee members about the scope of Exon-
Florio—specifically, what defines a threat to national security, we 
have suggested that Congress should consider amending Exon-Florio to 
more clearly emphasize the factors that should be considered in 
determining potential harm to national security. 

Second, to provide additional time for analyzing transactions when 
necessary, while avoiding the perceived negative connotation of 
investigation on foreign investment in the United States we have 
suggested that the Congress eliminate the distinction between the 30-
day review and the 45-day investigation and make the entire 75-day 
period available for review. 

Third, the Committee’s current approach to provide additional time for 
analysis or to resolve concerns while avoiding the potential negative 
impacts of an investigation on foreign investment in the United Stated 
is to encourage companies to withdraw their notifications of proposed 
or completed acquisitions and refile them at a later date. Since 1997, 
companies involved in 18 acquisitions have been allowed to withdraw 
their notification to refile at a later time. The new filing is 
considered a new case and restarts the 30-day clock. While withdrawing 
and refiling provides additional time while minimizing the risk of 
chilling foreign investment, withdrawal may also heighten the risk to 
national security in transactions where there are concerns and the 
acquisition has been completed or is likely to be completed during the 
withdrawal period. We are therefore suggesting that the Congress 
consider requiring the Committee Chair to (1) establish interim 
protections where specific concerns have been raised, (2) specify time 
frames for refiling, and (3) establish a process for tracking any 
actions being taken during the withdrawal period. 

Finally, to provide more transparency and facilitate congressional 
oversight, we are suggesting that the Congress may want to revisit the 
criterion for reporting circumstances surrounding cases to the 
Congress. Currently, the criterion is a presidential decision. However, 
there have only been two such decisions since 1997 and thus only two 
reports to Congress. 

What GAO Recommends: 

GAO’s accompanying report on Exon-Florio—Defense Trade: Enhancements to 
the Implementation of Exon-Florio Could Strengthen the Law’s 
Effectiveness, GAO-05-686 (Washington, D.C.: Sept. 28, 2005)—contains 
matters for congressional consideration regarding Exon-Florio’s 
coverage and needed improvements to the implementation of the law. 

www.gao.gov/cgi-bin/getrpt?GAO-06-135T. 

To view the full product, including the scope and methodology, click on 
the link above. For more information, contact Katherine V. Schinasi at 
(202) 512-4841 or schinasik@gao.gov.

[End of section] 

Mr. Chairman and Members of the Committee: 

I am pleased to be here today to discuss the implementation of Exon- 
Florio--an amendment to the Defense Production Act of 1950[Footnote 1] 
that authorizes the President to suspend or prohibit foreign 
acquisitions, mergers, or takeovers[Footnote 2] of U.S. companies that 
pose a threat to national security. As such, Exon-Florio is meant to 
serve as a safety net when laws other than the International Emergency 
Economic Powers Act[Footnote 3] may be ineffective in protecting 
national security. As you know, implementing Exon-Florio can pose a 
significant challenge for the federal government because of the 
potential for conflict with the long-standing U.S. open investment 
policy. This policy recognizes the economic benefits associated with 
foreign investments. Accordingly, foreign investors are to be treated 
no differently than domestic investors. 

The Committee on Foreign Investment in the United States, originally 
established in 1975 to monitor foreign investments, has been delegated 
responsibility for investigating foreign acquisitions when necessary. 
According to the regulations, after a company voluntarily files a 
notice of a pending or completed acquisition by a foreign concern, the 
Committee conducts a 30-day review to determine whether there are any 
national security concerns. If the Committee is unable to complete its 
review within 30 days, the Committee may either allow the companies to 
withdraw the notification or initiate a 45-day investigation. At the 
completion of the investigation, the Committee submits a report to the 
President, including a recommendation for action. The Committee 
currently has 12 members: the Department of the Treasury, which serves 
as Chair; the Departments of Commerce, Defense, Homeland Security, 
Justice, and State; and six offices in the Executive Office of the 
President.[Footnote 4] Other agencies may be called on when their 
particular expertise is needed. The Department of Homeland Security was 
the most recently added member, created as a result of the terrorist 
attacks of September 11th and the recognition of the new security 
environment in which we exist. 

Over the past decade, GAO has conducted several reviews of the 
Committee's actions and has found areas where improvements should be 
made. For example, in September 2002, we reported that member agencies 
could improve the agreements they negotiated with companies under Exon- 
Florio to mitigate national security concerns.[Footnote 5] While our 
recent work indicates that member agencies have begun to take action to 
respond to some of our recommendations, concerns remain about the 
extent to which the Committee's implementation of Exon-Florio has 
provided the safety net envisioned by the law. My comments today will 
focus on the process the Committee follows in conducting its reviews, 
concerns about the process, and suggestions we have made in our report 
on these issues.[Footnote 6] It should be noted that because the law 
provides for confidentiality of information filed under Exon-Florio, 
our ability to discuss certain details of cases we examined is limited. 

In summary, several aspects of the Committee's process for implementing 
Exon-Florio could be enhanced thereby strengthening the law's 
effectiveness. First, in light of differing views among Committee 
members about the scope of Exon-Florio--specifically, what defines a 
threat to national security, we have suggested that Congress should 
consider amending Exon-Florio to more clearly emphasize the factors 
that should be considered in determining potential harm to national 
security. 

Second, to provide additional time for analyzing transactions when 
necessary, while avoiding the perceived negative connotation of 
investigation on foreign investment in the United States we have 
suggested that the Congress eliminate the distinction between the 30- 
day review and the 45-day investigation and make the entire 75-day 
period available for review. 

Third, the Committee's current approach to provide additional time for 
analysis or to resolve concerns while avoiding the potential negative 
impacts of an investigation on foreign investment in the United Stated 
is to encourage companies to withdraw their notifications of proposed 
or completed acquisitions and refile them at a later date. Since 1997, 
companies involved in 18 acquisitions have been allowed to withdraw 
their notification to refile at a later time. The new filing is 
considered a new case and restarts the 30-day clock. While withdrawing 
and refiling provides additional time while minimizing the risk of 
chilling foreign investment, withdrawal may also heighten the risk to 
national security in transactions where there are concerns and the 
acquisition has been completed or is likely to be completed during the 
withdrawal period. We are therefore suggesting that the Congress 
consider requiring the Committee Chair to (1) establish interim 
protections where specific concerns have been raised, (2) specify time 
frames for refiling, and (3) establish a process for tracking any 
actions being taken during the withdrawal period. 

Finally, to provide more transparency and facilitate congressional 
oversight, we are suggesting that the Congress may want to revisit the 
criterion for reporting circumstances surrounding cases to the 
Congress. Currently, the criterion is a presidential decision. However, 
there have only been two such decisions since 1997 and thus only two 
reports to Congress.[Footnote 7] 

Background: 

The Exon-Florio amendment to the Defense Production Act, enacted in 
1988, authorized the President to investigate the impact of foreign 
acquisitions of U.S. companies on national security and to suspend or 
prohibit acquisitions that might threaten national security. The 
President delegated the investigative authority to the Committee on 
Foreign Investment in the United States, an interagency group 
established in 1975 to monitor and coordinate U.S. policy on foreign 
investment in the United States.[Footnote 8] 

In 1991, the Treasury Department, as chair of the Committee, issued 
regulations to implement Exon-Florio. The law and regulations establish 
a four-step process for reviewing foreign acquisitions of U.S. 
companies: (1) voluntary notice by the companies;[Footnote 9] (2) a 30- 
day review to determine whether the acquisition could pose a threat to 
national security; (3) a 45-day investigation to determine whether 
those concerns require a recommendation to the President for possible 
action; and (4) a presidential decision to permit, suspend, or prohibit 
the acquisition. In most cases, the Committee completes its review 
within the initial 30 days because there are no national security 
concerns or concerns have been addressed, or the companies and the 
government agree on measures to mitigate identified security concerns. 
In cases where the Committee is unable to complete its review within 30 
days, the Committee may initiate a 45-day investigation or allow 
companies to withdraw their notifications. The Committee generally 
grants requests to withdraw. When the Committee concludes a 45-day 
investigation, it is required to submit a report to the President 
containing recommendations. If Committee members cannot agree on a 
recommendation, the regulations require that the report to the 
President include the differing views of all Committee 
members.[Footnote 10] The President has 15 days to decide whether to 
prohibit or suspend the proposed acquisition, order divestiture of a 
completed acquisition, or take no action.[Footnote 11] 

While neither the statute nor the implementing regulation defines 
"national security," the statute provides the following factors to be 
considered in determining a threat to national security: 

* Domestic production needed for projected national defense 
requirements. 

* The capability and capacity of domestic industries to meet national 
defense requirements, including the availability of human resources, 
products, technology, materials, and other supplies and services. 

* The control of domestic industries and commercial activity by foreign 
citizens as it affects the capability and capacity of the United States 
to meet national security requirements. 

* The potential effects of the proposed or pending transaction on sales 
of military goods, equipment, or technology to any country identified 
under applicable law as (a) supporting terrorism or (b) a country of 
concern for missile proliferation or the proliferation of chemical and 
biological weapons. 

* The potential effects of the proposed or pending transaction on U.S. 
international technological leadership in areas affecting national 
security. 

Differing Views of What Defines A National Security Threat and When to 
Initiate an Investigation May Weaken Exon-Florio's Effectiveness: 

Lack of agreement among Committee members on what defines a threat to 
national security and what criteria should be used to initiate an 
investigation may be limiting the Committee's analyses of proposed and 
completed foreign acquisitions. From 1997 through 2004, the Committee 
received a total of 470 notices of proposed or completed 
acquisitions,[Footnote 12] yet it initiated only 8 investigations. 

Some Committee member agencies, including Treasury, apply a more 
traditional and narrow definition of what constitutes a threat to 
national security--that is, (1) the U.S. company possesses export- 
controlled technologies or items; (2) the company has classified 
contracts and critical technologies; or (3) there is specific 
derogatory intelligence on the foreign company. Other members, 
including the departments of Defense and Justice, argue that 
acquisitions should be analyzed in broader terms. According to 
officials from these departments, vulnerabilities can result from 
foreign control of critical infrastructure, such as control of or 
access to information traveling on networks. Vulnerabilities can also 
result from foreign control of critical inputs to defense systems or a 
decrease in the number of innovative small businesses researching and 
developing new defense-related technologies. 

While these vulnerabilities may not pose an immediate threat to 
national security, they may create the potential for longer term harm 
to U.S. national security interests by reducing U.S. technological 
leadership in defense systems. For example, in reviewing a 2001 
acquisition of a U.S. company, the departments of Defense and Commerce 
raised several concerns about foreign ownership of sensitive but 
unclassified technology, including the possibility of this sensitive 
technology being transferred to countries of concern or losing U.S. 
government access to the technology. However, Treasury argued that 
these concerns were not national security concerns because they did not 
involve classified contracts, the foreign company's country of origin 
was a U.S. ally, or there was no specific negative intelligence about 
the company's actions in the United States. 

In one proposed acquisition that we reviewed, disagreement over the 
definition of national security resulted in an enforcement provision 
being removed from an agreement between the foreign company and the 
Departments of Defense and Homeland Security. Defense had raised 
concerns about the security of its supply of specialized integrated 
circuits, which are used in a variety of defense technologies that the 
Defense Science Board had identified as essential to our national 
defense--technologies found in unmanned aerial vehicles, the Joint 
Tactical Radio System, and cryptography and other communications 
protection devices. However, Treasury and other Committee members 
argued that the security of supply issue was an industrial policy 
concern and, therefore, was outside the scope of Exon-Florio's 
authority. As a result of removing the provision, the President's 
authority to require divestiture under Exon-Florio has been eliminated 
as a remedy in the event of noncompliance.[Footnote 13] 

Committee members also disagree on the criteria that should be applied 
to determine whether a proposed or completed acquisition should be 
investigated. While Exon-Florio provides that the "President or the 
President's designee may make an investigation to determine the effects 
on national security" of acquisitions that could result in foreign 
control of a U.S. company, it does not provide specific guidance for 
the appropriate criteria for initiating an investigation of an 
acquisition.[Footnote 14] Currently, Treasury, as Committee Chair, 
applies essentially the same criteria established in the law for the 
President to suspend or prohibit a transaction, or order divestiture: 
(1) there is credible evidence that the foreign controlling interest 
may take action to threaten national security and (2) no laws other 
than the International Emergency Economic Powers Act are appropriate or 
adequate to protect national security.[Footnote 15] However, the 
Defense, Justice, and Homeland Security departments have argued that 
applying these criteria at this point in the process is inappropriate 
because the purpose of an investigation is to determine whether or not 
a credible threat exists. Notes from a policy-level discussion of one 
particular case further corroborated these differing views. 

Allowing Withdrawal of Notifications to Avoid Investigations While 
Providing Additional Time May Leave National Security Concerns 
Unresolved: 

Committee guidelines require member agencies to inform the Committee of 
national security concerns by the 23rd day of a 30-day review--further 
compressing the limited time allowed by legislation to determine 
whether a proposed or completed foreign acquisition poses a threat to 
national security. According to one Treasury official, the information 
is needed a week early to meet the legislated 30-day requirement. While 
most reviews are completed in the legislatively required 30 days, some 
Committee members have found that completing a review within such short 
time frames can be difficult--particularly in complex cases. One 
Defense official said that without advance notice of the acquisition, 
time frames are too short to complete analyses and provide input for 
the Defense Department's position. Another official said that to meet 
the 23-day deadline, analysts have only 3 to 10 days to analyze the 
acquisition. In one instance, Homeland Security was unable to provide 
input within the 23-day time frame. 

If a review cannot be completed within 30 days and more time is needed 
to determine whether a problem exists or identify actions that would 
mitigate concerns, the Committee can initiate a 45-day investigation of 
the acquisition or allow companies to withdraw their notifications and 
refile at a later date.[Footnote 16] According to Treasury officials, 
the Committee's interest is to ensure that the implementation of Exon- 
Florio does not undermine U.S. open investment policy. Concerned that 
public knowledge of investigations could devalue companies' stock, 
erode confidence of foreign investors, and ultimately chill foreign 
investment in the United States, the Committee has generally allowed 
and often encouraged companies to withdraw their notifications rather 
than initiate an investigation. 

While an acquisition is pending, companies that have withdrawn their 
notification have an incentive to resolve any outstanding issues and 
refile as soon as possible. However, if an acquisition has been 
concluded, there is less incentive to resolve issues and refile, 
extending the time during which any concerns remain unresolved. Between 
1997 and 2004, companies involved in 18 acquisitions have withdrawn 
their notification and refiled 19 times. In two cases, the companies 
had already concluded the acquisition and did not refile until 9 months 
to 1 year. Consequently, the concerns raised by Defense and Commerce 
about potential export control issues in these cases remained 
unresolved for as much as a year--further increasing the risk that a 
foreign acquisition of a U.S. company would pose a threat to national 
security. 

We identified two cases in which companies that had concluded an 
acquisition before filing with the Committee withdrew their 
notification.[Footnote 17] In each case, the company has yet to refile. 
In one case, the company filed with the Committee more than a year 
after completing the acquisition. The Committee allowed it to withdraw 
the notification to provide more time to answer the Committee's 
questions and provide assurances concerning export control matters. The 
company refiled, and was permitted to withdraw a second time because 
there were still unresolved issues. Four years have passed since the 
second withdrawal. In the second case, the company--which filed with 
the Committee more than 6 months after completing its acquisition--was 
also allowed to withdraw its notification. That was more than 2 years 
ago. 

Lack of Reporting Contributes to the Opaqueness of the Committee's 
Process: 

In enacting Exon-Florio, the Congress, while recognizing the need for 
confidentiality, indicated a desire for insight into the process by 
requiring the President to report to the Congress on any transaction 
that the President prohibited. In response to concerns about the lack 
of transparency in the Committee's process, the Congress passed the 
Byrd Amendment to Exon-Florio in 1992, requiring a report to the 
Congress if the President makes any decision regarding a proposed 
foreign acquisition. In 1992, another amendment also directed the 
President to report every 4 years on whether there is credible evidence 
of a coordinated strategy by one or more countries to acquire U.S. 
companies involved in research, development, or production of critical 
technologies for which the United States is a leading producer, and 
whether there are industrial espionage activities directed or assisted 
by foreign governments against private U.S. companies aimed at 
obtaining commercial secrets related to critical technologies. 

While the Byrd Amendment expanded required reporting on Committee 
actions, few reports have been submitted to the Congress because 
withdrawing and refiling notices to restart the clock limits the number 
of cases that result in a presidential decision. Since 1997, only two 
cases--both involving telecommunications systems--resulted in a 
presidential decision and a subsequent report to the Congress. 
Infrequent reporting of Committee deliberations on specific cases 
provides little insight into the Committee's process to identify 
concerns raised during investigations and determine the extent to which 
the Committee has reached consensus on a case. Further, despite the 
1992 requirement for a report on foreign acquisition strategies every 4 
years, there has been only one report--in 1994. 

In conclusion, in recognition of the benefits of open investment, Exon- 
Florio comes into play only as a last resort. However, since that is 
its role, effective application in support of recognizing and 
mitigating national security risks remains critical. While Exon-Florio 
provides the Committee on Foreign Investment in the United States the 
latitude to address new emerging threats, the more traditional 
interpretation of what constitutes a threat to national security fails 
to fully consider the factors currently embodied in the law. Further, 
the practical requirement to complete reviews within 23 days to meet 
the 30-day legislative requirement, along with the reluctance to 
proceed to an investigation, limits agencies' abilities to complete in- 
depth analyses. However, the alternative--allowing companies to 
withdraw and refile their notifications--increases the risk that the 
Committee, and the Congress, will lose visibility over foreign 
acquisitions of U.S. companies. 

Our report lays out several matters for congressional consideration to 
(1) help resolve the differing views as to the extent of coverage of 
Exon-Florio, (2) address the need for additional time, and (3) increase 
insight and oversight of the process. Further, we are suggesting that, 
when withdrawal is allowed for a transaction that has been completed, 
the Committee establish interim protections where specific concerns 
have been raised, specific time frames for refiling, and a process for 
tracking any actions being taken during a withdrawal period. 

Mr. Chairman, this concludes my prepared statement. I will be happy to 
answer any questions you or other Members of the Committee may have. 

For information about this testimony, please contact Katherine V. 
Schinasi, Managing Director, Acquisition and Sourcing Management, at 
(202) 512-4841 or schinasik@gao.gov. Other individuals making key 
contributions to this product include Thomas J. Denomme, Allison 
Bawden, Gregory K. Harmon, Paula J. Haurilesko, John Van Schaik, Karen 
Sloan, and Michael Zola. 

Scope and Methodology: 

Our understanding of the Committee on Foreign Investment in the United 
States' process is based on our current work and builds on our review 
of the process and our discussions with agency officials for our 2002 
report. For our current review, and to expand our understanding of the 
Committee's process for reviewing foreign acquisitions of U.S. 
companies, we met with officials from the Department of Commerce, the 
Department of Defense, the Department of Homeland Security, the 
Department of Justice, and the Department of the Treasury. For prior 
reviews we also collected data from and discussed the issues with 
representatives of the Department of State, the Council of Economic 
Advisors, the Office of Science and Technology, and the U.S. Trade 
Representative. Further, we conducted case studies of nine acquisitions 
that were filed with the Committee between June 28, 1995, and December 
31, 2004. These case studies included reviewing files containing 
company submissions, correspondence between the Committee and the 
companies' representatives, email traffic between member agencies, and 
minutes of policy-level meetings attended by at various times all 12 
Committee members. 

We selected acquisitions based on recommendations by Committee member 
agencies and the following criteria: (1) the Committee permitted the 
companies to withdraw the notification; (2) the Committee or member 
agencies concluded agreements to mitigate national security concerns; 
(3) the foreign company had been involved in a prior acquisition 
notified to the Committee; or (4) GAO had reviewed the acquisition for 
its 2002 report. We did not attempt to validate the conclusions reached 
by the Committee on any of the cases we reviewed. We also discussed our 
draft report from our current review with officials from the Department 
of State and the U.S. Trade Representative's office to obtain their 
views on our findings. 

To determine whether the weaknesses in provisions to assist agencies in 
monitoring agreements that GAO had identified in its 2002 report had 
been addressed, we analyzed agreements concluded under the Committee's 
authority between 2003 and 2005. We conducted our review from April 
2004 through July 2005 in accordance with generally accepted government 
auditing standards. 

[End of section] 

Appendix I: Agencies Represented on the Committee on Foreign Investment 
in the United States: 

Executive Departments: 

Agencies Represented: Department of the Treasury (Chair); 
Year Added: 1975; 
Lead Office Mission: Office of International Investment: Coordinates 
policies toward foreign investments in the United States and U.S. 
investments abroad. 

Agencies Represented: Department of Commerce; 
Year Added: 1975; 
Lead Office Mission: International Trade Administration: Coordinates 
issues concerning trade promotion, international commercial policy, 
market access, and trade law enforcement. 

Agencies Represented: Department of Defense; 
Year Added: 1975; 
Lead Office Mission: Defense Technology Security Administration: 
Administers the development and implementation of Defense technology 
security policies on international transfers of defense-related goods, 
services, and technologies. 

Agencies Represented: Department of State; 
Year Added: 1975; 
Lead Office Mission: Bureau of Economic and Business Affairs: 
Formulates and implements policy regarding foreign economic matters, 
including trade and international finance and development. 

Agencies Represented: Department of Justice; 
Year Added: 1988; 
Lead Office Mission: Criminal Division: Develops, enforces, and 
supervises the application of all federal criminal laws, except for 
those assigned to other Justice Department divisions. 

Agencies Represented: Department of Homeland Security; 
Year Added: 2003; 
Lead Office Mission: Information Analysis and Infrastructure 
Protection: Identifies and assesses current and future threats to the 
homeland, maps those threats against vulnerabilities, issues warnings, 
and takes preventative and protective action. 

Executive Office of the President: 

Agencies Represented: Council of Economic Advisers; 
Year Added: 1980; 
Lead Office Mission: Performs analyses and appraisals of the national 
economy for the purpose of providing policy recommendations to the 
President. 

Agencies Represented: Office of the United States Trade Representative; 
Year Added: 1980; 
Lead Office Mission: Directs all trade negotiations of and formulates 
trade policy for the United States. 

Agencies Represented: Office of Management and Budget; 
Year Added: 1988; 
Lead Office Mission: Evaluates, formulates, and coordinates management 
procedures and program objectives within and among federal departments 
and agencies, and controls administration of the federal budget. 

Agencies Represented: National Economic Council; 
Year Added: 1993; 
Lead Office Mission: Coordinates the economic policy-making process and 
provides economic policy advice to the President. 

Agencies Represented: National Security Council; 
Year Added: 1993; 
Lead Office Mission: Advises and assists the President in integrating 
all aspects of national security policy as it affects the United 
States. 

Agencies Represented: Office of Science and Technology Policy; 
Year Added: 1993; 
Lead Office Mission: Provides scientific, engineering and technological 
analyses for the President for federal policies, plans, and programs. 

Source: GAO analysis. 

[End of table] 

[End of section] 

Appendix II: Notifications to the Committee on Foreign Investment in 
the United States and Actions Taken, 1997 through 2004: 

Year: 1997; 
Notifications: 62; 
Acquisitions[A]: 60; 
Investigations[B]: 0; 
Notices withdrawn after investigation begun: 0; 
Presidential decisions: 0. 

Year: 1998; 
Notifications: 65; 
Acquisitions[A]: 62; 
Investigations[B]: 2; 
Notices withdrawn after investigation begun: 2; 
Presidential decisions: 0. 

Year: 1999; 
Notifications: 79; 
Acquisitions[A]: 76; 
Investigations[B]: 0; 
Notices withdrawn after investigation begun: 0; 
Presidential decisions: 0. 

Year: 2000; 
Notifications: 72; 
Acquisitions[A]: 71; 
Investigations[B]: 1; 
Notices withdrawn after investigation begun: 0; 
Presidential decisions: 1. 

Year: 2001; 
Notifications: 55; 
Acquisitions[A]: 51; 
Investigations[B]: 1; 
Notices withdrawn after investigation begun: 1; 
Presidential decisions: 0. 

Year: 2002; 
Notifications: 43; 
Acquisitions[A]: 42; 
Investigations[B]: 0; 
Notices withdrawn after investigation begun: 0; 
Presidential decisions: 0. 

Year: 2003; 
Notifications: 41; 
Acquisitions[A]: 39; 
Investigations[B]: 2; 
Notices withdrawn after investigation begun: 1; 
Presidential decisions: 1. 

Year: 2004; 
Notifications: 53; 
Acquisitions[A]: 50; 
Investigations[B]: 2; 
Notices withdrawn after investigation begun: 2; 
Presidential decisions: 0. 

Total; 
Notifications: 470; 
Acquisitions[A]: 451; 
Investigations[B]: 8; 
Notices withdrawn after investigation begun: 6; 
Presidential decisions: 2[C]. 

Source: Department of the Treasury. 

[A] Acquisitions that were withdrawn and refiled are shown in the year 
of initial notification. 

[B] Investigations are shown in the year of their notification. 

[C] In both cases the President took no action, thereby allowing the 
transaction, and sent a report to Congress. 

[End of table] 

FOOTNOTES 

[1] 50 U.S.C. app. § 2170. 

[2] In the remainder of this statement, acquisitions, mergers, and 
takeovers are referred to as acquisitions. 

[3] The International Emergency Economic Powers Act gives the President 
broad powers to deal with any "unusual and extraordinary threat" to the 
national security, foreign policy, or economy of the United States (50 
U.S.C. §§ 1701-1706). To exercise this authority, however, the 
President must declare a national emergency to deal with any such 
threat. Under this legislation, the President has the authority to 
investigate, regulate, and, if necessary, block any foreign interest's 
acquisition of U.S. companies (50 U.S.C. § 1702(a) (1) (B)). 

[4] See appendix I for information on Committee members. 

[5] GAO, Defense Trade: Mitigating National Security Concerns under 
Exon-Florio Could be Improved, GAO-02-736 (Washington, D.C.: Sept. 12, 
2002). 

[6] GAO, Defense Trade: Enhancements to the Implementation of Exon- 
Florio Could Strengthen the Law's Effectiveness, GAO-05-686 
(Washington, D.C.: Sept. 28, 2005). 

[7] See Appendix II for a number of cases reviewed by the Committee 
between fiscal years 1997 and 2004 and the disposition of these cases. 

[8] Executive Order 11858 (May 7, 1975), as amended by Executive Order 
12188 (Jan. 2, 1980), Executive Order 12661 (Dec. 27, 1988), Executive 
Order 12860 (Sept. 3, 1993), and Executive Order 13286 (Feb. 28, 2003). 

[9] Notification is not mandatory. However, any member agency is 
authorized to submit a notification of an acquisition if the companies 
have not done so. To date, no agency has submitted a notification of an 
acquisition. Instead, member agencies have informed Treasury of 
acquisitions that may be subject to Exon-Florio, and Treasury has 
contacted the companies to encourage them to officially notify the 
Committee of the acquisition to begin a review. 

[10] 31 C.F.R. § 800.504(b). 

[11] In 1990, the President ordered a Chinese aerospace company to 
divest its ownership of a U.S. aircraft parts manufacturer. To date, 
this is the only divestiture the President has ordered. 

[12] Nineteen of these notices were refilings. 

[13] The regulations provide that the Committee may reopen its review 
or investigation and revise its recommendation to the President only if 
it determines that the companies omitted or provided false or 
misleading information (31 C.F.R. § 800.601(e)). 

[14] 50 U.S.C. App. § 2170(a). Under the statute, investigations are 
mandatory in those cases in which the acquiring company is "controlled 
by or acting on behalf of a foreign government" and the acquisition 
could result in control of the U.S. company and could affect the 
national security of the United States (50 U.S.C. App. § 2170(b)). 

[15] 50 U.S.C. app. § 2170(e). 

[16] Exon-Florio's implementing regulations permit companies to request 
to withdraw notifications at any time up to a presidential decision. 
After the Committee approves a withdrawal, any subsequent refiling is 
considered a new, voluntary notice. 

[17] In one of these cases, as discussed above, the company had 
previously withdrawn and refiled more than a year later.