some interesting things in the GAO report RE:CFIUS

[w8liftinglady]

http://www.gao.gov/htext/d05686.html
-snip-
Under the original Exon-Florio law, the President was obligated to
report to the Congress on the circumstances surrounding a presidential
decision only after prohibiting an acquisition. In response to concerns
about the lack of transparency in the Committee's process, in 1992
Congress passed the Byrd Amendment to Exon-Florio, requiring a report
to the Congress if the President makes any decision regarding a
proposed foreign acquisition.
-snip-
Under the statute, the President or the President's designee may make
an investigation to determine whether a foreign acquisition might
threaten the national security of the United States. Neither the
statute nor its implementing regulations define national security. This
permits a broad interpretation of the term. The statute does provide
factors to be considered in determining a threat to national security;
however, consideration of these factors is not mandatory. These factors
include the following:

* 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 the requirements of national security.

* 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.