Affichage des articles dont le libellé est John Cornyn. Afficher tous les articles
Affichage des articles dont le libellé est John Cornyn. Afficher tous les articles

vendredi 7 juin 2019

Chinese Espionage

US lawmakers target Chinese student-spies
Restrictions planned on access to sensitive research and funding from China

Reuters

Chinese spies in American campus

Chinese students and scholars will find it harder to work in the United States if US lawmakers succeed in passing legislation aimed at securing sensitive information.
The members of Congress are writing bills that would require more reporting from colleges, universities and laboratories about funds from China, prohibit students or scholars with ties to the Chinese military from entering the United States, or set new limits on access to sensitive academic research.
Failure to comply could mean financial hardship.
The proposed bills add to growing pressure against Chinese students, researchers, companies and other organisations in the United States.
Amid an escalating trade war between China and the US, members of Congress have become increasingly concerned the thousands of Chinese students, professors and researchers in the US could pose a security threat by carrying sensitive information back to China.
Republican Senator John Cornyn said on Wednesday that he hoped to win bipartisan support for the Secure our Research Act, a bill he planned to introduce next week to prompt US institutions to do more to protect valuable research.
“We are under attack,” Cornyn said at a Senate Finance Committee hearing examining foreign threats to US research. “[China’s] goals are to dominate the United States military and economically.”
Cornyn, who is also a member of the Senate Intelligence Committee, called US academia “naive” about the threat from China. 
He warned that he would not vote for any plan to give taxpayer dollars to public institutions unless they improved security.

Republican Senator John Cornyn of Texas is hoping to win bipartisan support for a bill aimed at prompting US institutions to do more to protect research. 

Many of the individual bills face little chance of passing despite growing bipartisan concern in Congress over security risks from China.
While President Trump and many other Republicans want stricter controls on immigration as well as a hard line on China, pro-China Democrats, who control the House of Representatives, warn about the risks of making Chinese feel unwelcome.
Lawmakers from both parties, as well as university officials, point to the multimillion-dollar contribution to the US economy from the 350,000 Chinese who come for undergraduate or graduate studies.
However, small pieces of the measures could make their way into broader, must-pass bills, like the massive annual National Defence Authorisation Act, which is making its way through Congress.
Republican Senator Ted Cruz and Republican Representative Francis Rooney marked the 30th anniversary of the Tiananmen Square crackdown on Tuesday by reintroducing the Stop Higher Education Espionage and Theft (SHEET) Act, intended to prevent Chinese espionage efforts at US universities.

jeudi 10 janvier 2019

Chinese Peril

Chinese-made Metro car could spy on us
By Robert McCartney and Faiz Siddiqui

Metro tests out its 7000-series subway cars in 2014 at the Shady Grove station in Maryland. 

The warnings sound like the plot of a Hollywood spy thriller: The Chinese hide malware in a Metro rail car’s security camera system that allows surveillance of Pentagon or White House officials as they ride the Blue Line — sending images back to Beijing.
And sensors on the train secretly record the officials’ conversations. 
Or a flaw in the software that controls the train — inserted during the manufacturing process — allows it to be hacked by Chinese agents and terrorists to cause a crash.
Congress, the Pentagon and industry experts have taken the warnings seriously, and now Metro will do the same. 
The transit agency recently decided to add cybersecurity safeguards to specifications for a contract it will award later this year for its next-generation rail cars following warnings that China’s state-owned rail car manufacturer could win the deal by undercutting other bidders.
Metro’s move to modify its bid specifications after they had been issued comes amid China’s push to dominate the multibillion-dollar U.S. transit rail car market. 
The state-owned China Railway Rolling Stock Corp., or CRRC, has used bargain prices to win four of five large U.S. transit rail car contracts awarded since 2014. 
The company is expected to be a strong contender for a Metro contract likely to exceed $1 billion for between 256 and 800 of the agency’s newest series of rail cars.
CRRC’s success has raised concerns about national security and China’s growing footprint in the U.S. industrial supply chain and infrastructure.
“This is part of a larger conversation about this country and China, and domination of industries,” said Robert J. Puentes, president of the Eno Center for Transportation. 
“We don’t want to get trapped into a xenophobic conversation . . . but we also don’t want to be naive.”
No U.S. company makes subway cars, so China competes in that market against companies from Asia, Europe and Canada. 
But U.S. companies build freight rail cars, such as boxcars and tank cars, and they fear China will target them next.
That could cost U.S. manufacturing jobs. 
It also could increase the risk of a cyberattack that cripples domestic rail transportation in a military confrontation or other national emergency.
“China’s attack on our rail system is insidious and ingenious,” retired Army Brig. Gen. John Adams wrote in an October report distributed by the Rail Security Alliance, a U.S. industry group. “We must retain the know-how and technology to . . . safeguard against disruption of this strategically vital sector of our economy.”
China makes no secret of its desire to dominate the global rail car industry. 
Its “Made in China 2025” economic strategy proposes to seek competitive advantage in that sector, among others.
Both the U.S. Senate and House have sought to block further Chinese penetration of the transit vehicle market. 
Each chamber has inserted language in annual transportation appropriations bills to impose a one-year ban on new purchases of mass transit rail cars or buses from Chinese-owned companies if the procurement uses federal funding. 
The ban is not yet law, as final action has been put off until this year.
Sen. John Cornyn (R-Tex.) sponsored the Senate ban. 
His spokeswoman said it reflected his “concern over China’s market distorting practices and their whole government effort to dominate industries sensitive to our national security.” 
Texas is home to Trinity Industries, a leading U.S. rail car company.
A ban on purchases from China could penalize financially pressed transit systems such as Metro, which may want to take advantage of CRRC’s low prices. 
The Chinese company is able to underbid competitors because of state subsidies
CRRC did not respond to emails requesting comment.
Rep. Gerald E. Connolly (D-Va.) said Metro should be willing to pay extra if necessary.
“Saving a buck isn’t worth compromising security in the nation’s capital,” Connolly said. 
“If there are valid security concerns about sourcing rail cars from a Chinese state-owned company, then find another option.”

New requirement
In picking the winner of the contract, Metro is legally required to follow guidelines it set in a lengthy request for proposals, or RFP, which it issued in September and will now revise to include the cybersecurity safeguards. 
The changes are expected to require the winning bidder get its hardware and software certified as safe by a third-party vendor cleared by the federal government.
“We are working on amended language right now that will require certain security assurances,” said Kyle Malo, Metro’s chief information security officer. 
He declined to single out China as a threat but noted, “There are countries that are far more aggressive with cyberattacks than others.”
Bids for the Metro contract are due April 4. 
The original deadline, in late January, was extended because Metro received more than 300 questions from potential bidders.
Metro decided to revise the RFP after questions were raised by board member David Horner, who represents the federal government and is a former U.S. deputy assistant secretary of transportation.
“My concern is that state-sponsored enterprises can serve as platforms for conducting cyberespionage against the United States,” Horner said. 
“These risks are today not widely understood, but their significance is becoming apparent very quickly.”
Horner’s concerns were reinforced in a Nov. 16 online article by Andrew Grotto, a former senior director for cybersecurity policy on the National Security Council. 
It warned that Metro’s RFP did not allow the transit agency to reject a bid because of cybersecurity worries.
“The risk of espionage is uniquely high in our nation’s capital,” Grotto, now a fellow at Stanford University’s Center for International Security and Cooperation, said in an email. 
“Malware could divert data collected from the high definition security cameras. An adversary with that data could then use facial recognition algorithms to track riders, potentially right down to the commuting patterns of individual riders.”
The Pentagon also is concerned China could use infrastructure such as rail cars for spying. 
It pointed to recent U.S. charges of the massive, Beijing-backed hacking of business secrets as evidence of the country’s bad practices.
“As illustrated by the Dec. 20 Department of Justice indictment against the Chinese Ministry of State Security, the Chinese Communist Party’s use of predatory economic practices like illegal state-sponsored cybertheft reinforce concerns about Chinese companies playing a role in critical infrastructure — whether it be rail cars or 5G telecommunications networks,” said Air Force Lt. Col. Mike Andrews, a Defense Department spokesman.
China has previously been accused of embedding spying technology in its products. 
In May, the Pentagon directed service members on military bases to stop using phones made by the Chinese companies ZTE and Huawei because of security risks. 
In 2017, the Department of Homeland Security found that Chinese made security cameras had a “back door” loophole that left them vulnerable to hackers. 
The Wall Street Journal reported that that Chinese company’s cameras have been used at a U.S. Army base in Missouri and the U.S. embassy in Afghanistan.

City contracts
CRRC’s first big success in the U.S. subway market came in 2014, when it won a contract to build rail cars for the Boston transit authority. 
In 2016, it landed deals with systems in Chicago, Los Angeles and Philadelphia.
Agencies said CRRC had the most competitive bids — sometimes besting competitors by hundreds of millions of dollars. 
Since then, officials in some cities have complained their rail car costs may rise because of a 25 percent tariff on Chinese-made rail car components imposed by the Trump administration as part of its trade conflict with Beijing. 
Such tariffs could be removed if current U.S.-Chinese trade talks are successful.
The four transit systems said they have taken significant steps to ensure their rail cars are not outfitted with spyware or other suspicious technology. 
Critics questioned whether the safeguards were adequate.
Brian Steele, a spokesman for the Chicago Transit Authority, said the agency received bids from CRRC and Canada-based Bombardier for the construction of 846 rail cars in 2016, along with a $40 million final-assembly facility in Chicago creating 170 jobs.
“The biggest difference in the two proposals was cost,” Steele said. 
He said CRRC’s $1.3 billion bid was $226 million lower than Bombardier’s offer, a difference equivalent to 146 more rail cars.
Steele said none of the rail cars’ computer or software components will be made by a Chinese firm. He said U.S. and Canadian companies are supplying the car’s Ethernet and router components, while the “automatic train control” system will be supplied by a Pennsylvania firm.
The Massachusetts Bay Transportation Authority has awarded more than $840 million for the construction of 404 new subway cars at CRRC’s manufacturing plant in Springfield, Mass. 
That plant, a $95 million facility, comes with 150 jobs, according to media reports. 
CRRC won the initial award with a $567 million bid, which was $154 million lower than the nearest competitor, according to an Eno report.
An MBTA spokesman said none of the new vehicles’ software components are being produced in China.
“The MBTA has robust controls in place to maintain the security of the system,” spokesman Joe Pesaturo said in an email.
Pesaturo said MBTA’s design process for new rail cars includes a cybersecurity analysis based on a U.S. Department of Defense military system safety standard.
Grotto, the former National Security Council official, said the security measures described by the transit agencies were “appropriate” but expressed concern about how they would be implemented.
“Who is responsible and held accountable for seeing these results through? How will monitoring and auditing work?” Grotto said.
Erik Olson, vice president of the Rail Security Alliance, called the assurances “overly simplistic and naive.”
“Do we really want our municipal transit agencies to take these kinds of cyber-risks, knowing that China has deployed some of the most advanced facial recognition technology, has been responsible for hacks into our critical infrastructure, and has laid out a plan to decimate many of our industries by 2025?” Olson said in an email.

mercredi 1 août 2018

U.S. Defense Bill Seeks to Counter China

Beijing’s increased military activity in South China Sea, pursuit of U.S. technology among issues
By Kate O’Keeffe and Siobhan Hughes

Republican Rep. Robert Pittenger of North Carolina has helped lead an effort to tighten U.S. national-security reviews of Chinese business deals. 

Congress is preparing to enact a defense-policy bill that some lawmakers say is tougher on China than any in history, as a bipartisan movement to confront Beijing gathers steam.
The measure, an annual policy bill that will authorize $716 billion in total defense spending for the coming fiscal year, seeks to counter a range of Chinese government policies, including increased military activity in the South China Sea, the pursuit of cutting-edge U.S. technology and the spread of Communist Party propaganda at American institutions.
The House of Representatives approved the legislation last week, and President Trump is expected to sign the bill into law after the Senate approves it as soon as Wednesday.
This year’s National Defense Authorization Act is a reflection of a growing bipartisan consensus in Congress and among national-security officials that the world is entering a new era of great power rivalries in which the U.S. must do more to compete with China and Russia.
“The central challenge to U.S. prosperity and security is the reemergence of long-term, strategic competition,” according to an unclassified summary of the U.S.’s 2018 National Defense Strategy. “China is leveraging military modernization, influence operations, and predatory economics to coerce neighboring countries to reorder the Indo-Pacific region to their advantage,” the document says.
The Chinese Embassy didn’t return a request for comment.
Some of the defense bill’s most notable provisions concern Chinese economic activity. 
The legislation seeks to both tighten U.S. national-security reviews of Chinese deals under the Committee on Foreign investment in the U.S. and to revamp export controls governing which U.S. technologies can be sent abroad.
Though the Cfius provisions, spearheaded by Sen. John Cornyn (R., Texas) and Rep. Robert Pittenger (R., N.C.), and the export rules, led by Rep. Ed Royce (R., Ca.), are expected to affect a wide array of American businesses, many supported the measures because of a growing concern over Chinese policies.
“Three years ago if you talked about doing things against China, the business community would push back,” said James Lewis, senior vice president at the Center for Strategic and International Studies in Washington, D.C. 
“They don’t push back anymore.”
We have multiple nations out there that are threatening our national security from an economic-espionage perspective, and none of them equal China,” said Bill Evanina, Director of the National Counterintelligence and Security Center, at an event last week.
The defense bill also requires an annual report on China to include information on efforts by the Chinese government to influence U.S. “media, cultural institutions, business, and academic and policy communities” to fall in line with its security strategy.
Another provision limits Department of Defense funds for Chinese language programs at U.S. universities that host Confucius Institutes
These centers, funded by the Chinese government, have been criticized by Republicans—including Sens. Marco Rubio of Florida, Tom Cotton of Arkansas and Ted Cruz of Texas, as well as Rep. Joe Wilson of South Carolina—for peddling propaganda.
The bill also contains provisions to bolster defense ties with India and Taiwan, a self-ruled island that China claims as its own. 
And it bans China’s participation in Rim of the Pacific naval exercises—which involve 26 nations in a display of international military cooperation—until it stops militarizing islands in the South China Sea.
It’s a signal to our allies and partners in the region—particularly Australia, Japan and Taiwan—that China’s activities in the South China Sea are not accepted as normal,” said Rachael Burton, deputy director at the Project 2049 Institute, a Virginia-based think tank.
One area in which a bipartisan group of lawmakers thought the defense bill fell short was with respect to Chinese telecommunications giant ZTE Corp. 
The Commerce Department in April banned U.S. companies from selling to ZTE for failing to honor an earlier U.S. agreement to resolve its sanctions-busting sales to North Korea and Iran. 
Because ZTE depends on U.S. suppliers, the ban was effectively a death knell.
But, in a surprise tweet on May 13, Mr. Trump said he and Chinese dictator Xi Jinping were “working together” to find a way to save ZTE.
The Commerce Department then struck a new deal with ZTE on June 7 that required the Chinese firm to put $400 million into an escrow account, pay a $1 billion fine, replace its board of directors and senior leadership, and fund a team of U.S. compliance officers to monitor the company for 10 years in exchange for being allowed to resume business with U.S. suppliers.
Dissatisfied with Mr. Trump’s deal, the Senate on June 18 voted to reinstate the initial Commerce penalty on ZTE by wrapping the measure into the defense bill. 
But Senate and House negotiators removed the language from the final text. 
The company didn’t return a request for comment.
Mr. Rubio has in recent tweets blasted the outcome as a “cave” by congressional negotiators.
“We got played by China again,” he said in a July 24 tweet. 
“This can’t continue.”

vendredi 29 juin 2018

China's theft of US intellectual property

China's penetration of Silicon Valley creates risks for startups
By Heather Somerville

Stanford University's campus is seen in an aerial photo in Stanford, California, U.S. on April 6, 2016.

SAN FRANCISCO -- Danhua Capital has invested in some of Silicon Valley’s most promising startups in areas like drones, artificial intelligence and cyber security
The venture capital firm is based just outside Stanford University, the epicenter of U.S. technology entrepreneurship.
Yet it was also established and funded with help from the Chinese government. 
And it is not alone.
More than 20 Silicon Valley venture capital firms have close ties to a Chinese government fund or state-owned entity, according to interviews with venture capital sources and publicly available information.
While the U.S. government is taking an increasingly hard line against Chinese acquisitions of U.S. public companies, investments in startups, even by state-backed entities, have been largely untouched.
That may well be poised to change as the U.S. Congress finalizes legislation that dramatically expands the government’s power to block foreign investment in U.S. companies, including venture investments.
The new law would give the U.S. government’s Committee on Foreign Investment in the United States (CFIUS) wide latitude to decide what sorts of deals to examine, eliminating certain ownership thresholds, with a particular focus on so-called “critical” technologies.
“The perception is that a lot of the tech transfer of worry to the U.S. security establishment is happening in the startup world,” said Stephen Heifetz, a former member of CFIUS and now a lawyer representing companies going through CFIUS review.
The latest version of the bill exempts “passive” investors, which would cover many of the limited partners that back venture firms. 
But limited partners that have some control over the business, or firms whose managing partner is a “foreign person”, could be subject to scrutiny.
The university endowments and family offices that traditionally provide most of the money for venture firms are usually one of many limited partners and have minimal if any involvement in the startups they help fund.
Chinese entities also sometimes take a passive role in big venture funds. 
But venture capital sources say that Chinese government funds often play a more influential role in the smaller venture firms they back by providing a greater percentage of their funding. 
That empowers them to request information about startups or help them to open offices in China -- potentially opening those startups to CFIUS review.
The possibility of a regulatory crackdown has caused unease in the startup world. 
Venture firm Andreessen Horowitz is counseling startups that if they raise money from a China-backed investor, they put themselves at risk of government scrutiny.
“The window for some startups to raise money from China may be closing,” said Chris Nicholson, co-founder of AI company Skymind, which has raised money from Chinese Internet group Tencent Holdings Ltd and a Hong Kong family office.

SENSITIVE AREAS
Until recently, the original source of funds for venture investments has not been an issue in Silicon Valley. 
Venture firms are not obliged to disclose who their investors are and entrepreneurs rarely ask, leading some dealmakers to question how CFIUS could keep tabs on startup investing.
Danhua Capital, which is backed by the Zhongguancun Development Group, a state-owned enterprise funded by the Beijing municipal government, has holdings in the most sensitive technology sectors.
Its investments include data management and security company Cohesity, which counts the U.S. Department of Energy and U.S. Air Force among its customers.
Drone startup Flirtey, which in May was selected by the U.S. Department of Transportation to participate in projects to help the agency integrate drones safely into U.S. air space, is also part of the Danhua portfolio.
Shoucheng Zhang, Danhua’s founder and a Stanford University physics professor, declined to answer specific questions from Reuters. 
In an email, he said: “Most of our (limited partners) are publicly listed companies in New York or Hong Kong stock exchanges. We will of course fully comply with any legislations and regulations.”
Cohesity declined to comment. 
A spokeswoman for Flirtey said Danhua’s minority investment did not come with any information rights.
The practice of investing through layers of funds, known as funds of funds, can make it all but impossible to know where money is coming from. 
Westlake Ventures, backed by the Hangzhou city government in eastern China, invests in at least 10 other Silicon Valley venture funds, including Palo-Alto based Amino Capital.
Larry Li, founder and managing partner at Amino Capital, said he took the money that was on offer when he launched his fund in 2012. 
He said he felt his firm wasn’t the kind of known quantity that could tap the big pensions and endowments.
“We weren’t going to the Harvard endowment or Yale endowment; that’s like mission impossible,” Li said. 
“You need to have some special source of funds to get started.”
China-backed funds include Oriza Ventures, which belongs to the investment arm of the Suzhou municipal government, and has backed AI and self-driving car startups. 
SAIC Capital, the venture arm of state-owned auto company SAIC Motor, has invested in Silicon Valley autonomous driving, mapping and artificial intelligence startups.
Even well-known startup accelerator 500 Startups raised part of its main fund from the Hangzhou government.
500 Startups and Oriza declined to comment, while SAIC did not respond to a request for comment.
Capital controls have slowed the flow of Chinese money into the United States since 2016, but sources say venture investments have been more resilient than sectors like real estate, in part due to the Chinese government’s focus on improving its domestic high-tech industry.

‘CROWN JEWELS’
U.S. politicians were galvanized by a Department of Defense report released last year that warns that Chinese venture investors are accessing “the crown jewels of U.S. innovation.”
The report helped guide Sen. John Cornyn, a Texas Republican who sponsored the Senate version of the CFIUS reform bill, people with knowledge of the matter said. 
A spokeswoman said Cornyn “is especially concerned with Chinese state-backed venture capital investments.”
For now, at least, President Donald Trump has backed away from his declared intention to clamp down on a wide range of Chinese technology investments through a special emergency order, saying he would leave the job to CFIUS. 
But if Congress fails to pass the bill quickly, Trump said he would use his executive powers.

mercredi 13 juin 2018

Senate blocks ZTE deal in rebuke of Trump deal

The move comes less than a week after Trump entered into an agreement with telecom giant. 
By Leigh Ann Caldwell


In a major rebuke to Donald Trump, the Senate has adopted a measure that would block the administration's deal with Chinese telecom giant ZTE, pitting the president against Congress on what many senators say is an issue of national security.
The Senate's move comes less than a week after the administration struck an agreement with ZTE that would have kept the telecom company engaged in the U.S. market.
The president’s deal with ZTE would have forced the company to pay a $1 billion penalty, reorganize its company and allow U.S. compliance officers in exchange for being able to sell its products inside the U.S.
But the bipartisan senate amendment, which has been added to the must-pass National Defense Authorization Act, would essentially kill that agreement by retroactively reinstating financial penalties and continuing the prohibition on ZTE's ability to sell to the U.S. government.
Sen. Tom Cotton, R-Ark., who is one of the co-sponsors of the measure, said that the amendment would likely put ZTE out of business.
“ZTE said they couldn’t remain in business, or at least not remain anything other than a cell phone hand-held business, if the denial order from March was in effect. And this would essential put the denial order back into effect,” Cotton told reporters.
The telecom company is a mechanism for espionage by, in part, selling phones in the U.S. that can be tracked and enabled to steal intellectual property.
The U.S. slapped sanctions on ZTE in 2016, prohibiting the company from doing business in the U.S. for seven years, when it violated U.S. sanctions against Iran and North Korea. 
The Commerce Department placed additional sanctions on the company after it failed to follow through with its reorganization plan and lied to the U.S. government about it.
A bipartisan group of senators praised the amendment, saying it protects the U.S.’s national security.
“The fact that a bipartisan group of senators came together this quickly is a testament to how bad the Trump administration's ZTE deal is and how we will not shy away from holding the president's feet to the fire when it comes to keeping his promise to be tough on China,” Senate Democratic Leader Chuck Schumer said in a statement.
The amendment was added just as Commerce Secretary Wilbur Ross was on Capitol Hill briefing senators about a component of the president’s ZTE deal.
Sen. John Cornyn, R-Texas, left the meeting saying he was supportive of the Senate’s effort.
The NDAA still has to pass the Senate and the House of Representatives must still agree to the defense bill with the measure included before it can advance.
Trump would then face a choice: Veto a critical defense bill to save the ZTE deal or allow the administration's deal to collapse.
Sen. Cotton said the president won’t veto the bill “because the bill pertains many other critical priorities.”

mardi 22 mai 2018

How China acquires the crown jewels of U.S. technology

The U.S. fails to police foreign deals for next-generation software that powers the military and American economic strength.
By CORY BENNETT and BRYAN BENDER

The U.S. government was well aware of China’s aggressive strategy of leveraging private investors to buy up the latest American technology when, early last year, a company called Avatar Integrated Systems showed up at a bankruptcy court in Delaware hoping to buy the California chip-designer ATop Tech.
ATop’s product was potentially groundbreaking — an automated designer capable of making microchips that could power anything from smartphones to high-tech weapons systems.
It’s the type of product that a U.S. government report had recently cited as “critical to defense systems and U.S. military strength.”
And the source of the money behind the buyer, Avatar, was an eye-opener: Its board chairman and sole officer was a Chinese steel magnate whose Hong Kong-based company was a major shareholder.
Despite those factors, the transaction went through without an assessment by the U.S. government committee that is charged with reviewing acquisitions of sensitive technology by foreign interests.
In fact, a six-month POLITICO investigation found that the Committee on Foreign Investment in the United States, the main vehicle for protecting American technology from foreign governments, rarely polices the various new avenues Chinese nationals use to secure access to American technology, such as bankruptcy courts or the foreign venture capital firms that bankroll U.S. tech startups.
The committee, known by its acronym CFIUS, isn’t required to review any deals, relying instead on outsiders or other government agencies to raise questions about the appropriateness of a proposed merger, acquisition or investment. 
And even if it had a more formal mandate, the committee lacks the resources to deal with increasingly complex cases, which revolve around lines of code and reams of personal data more than physical infrastructure.
“I knew what was critical in 1958 — tanks, airplanes, avionics. Now, truthfully, everything is information. The world is about information, not about things,” said Paul Rosenzweig, who worked with CFIUS while at the Department of Homeland Security during President George W. Bush’s second term. 
And that means everything is critical infrastructure. That, in some sense, means CFIUS really should be managing all global trade.”
As a senior official at the Treasury Department, which oversees CFIUS, put it: Any time we see a company that has lots of data on Americans — health care, personal financial data — that’s a vulnerability.”
When CFIUS was formed, in the 1970s, the companies safeguarding important technology were so large that any takeover attempt by foreigners would be certain to attract attention. 
Now, much of the cutting-edge technology in the United States is in the hands of much smaller firms, including Silicon Valley startups that are hungry for cash from investors.
The gap in oversight became a more urgent problem in 2015, when China unveiled its “Made in China 2025” strategy of working with private investors to buy overseas tech firms. 
A year earlier, Chinese investments in U.S. tech startups had totaled $2.3 billion, according to the economic research firm CB Insights. 
Such investments immediately skyrocketed to $9.9 billion in 2015. 
These amounts dipped the following year, as the Obama administration voided a high-profile deal, but analysts say China’s appetite to buy U.S. firms and technology is still strong. 
In 2017, there were 165 Chinese-backed deals closed with American startups, only 12 percent less than the 2015 peak.
Yet the failure to investigate some forms of Chinese investments in American technology has flown under the radar as Donald Trump goes tit for tat with Beijing, imposing tariffs meant to punish China for unfair trade practices. 
Critics noted on Monday that Trump's tentative agreement to drop his tariff threat in exchange for Chinese pledges to purchase billions of dollars more in American goods avoided any mention of the outdated foreign-investment policies that have alarmed lawmakers across the political spectrum.
On the Senate floor Monday, Minority Leader Chuck Schumer (D-N.Y.) lashed out at Trump's approach.
"China’s trade negotiators must be laughing themselves all the way back to Beijing," he said. "They’re playing us for fools — temporary purchase of some goods, while China continues to steal our family jewels, the things that have made America great: the intellectual property, the know-how in the highest end industries. It makes no sense."
National security specialists insist that such a stealth transfer of technology through China’s investment practices in the United States is a far more serious problem than the tariff dispute — and a problem hiding in plain sight. 
A recent Pentagon report bluntly declared: “The U.S. does not have a comprehensive policy or the tools to address this massive technology transfer to China.” 
It went on to warn that Beijing’s acquisition of top-notch American technology is enabling a “strategic competitor to access the crown jewels of U.S. innovation.”
Some congressional leaders concur. Senate Majority Whip John Cornyn (R-Texas) regularly warns his colleagues that China is using private-sector investments to pilfer American technology. China has “weaponized” its investments in America “in order to vacuum up U.S. industrial capabilities from American companies,” Cornyn said at a January hearing
The goal, he added, is “to turn our own technology and know-how against us in an effort to erase our national security advantage.”
Legislation to expand the CFIUS budget and staff has been moving slowly through the halls of Congress amid pushback from Silicon Valley entrepreneurs and business groups. 
The legislation would give CFIUS new resources to scrutinize bankruptcy purchases and establish stricter scrutiny of start-up investments.
As months passed without any action, and the issue of Chinese investments got overshadowed by tariff fights and feuds between Beijing and the Trump administration, national security experts grew more concerned, fearing that Congress lacked a sense of urgency to police transfers of sensitive technology.

AIRING CONCERNS: China has “weaponized” its investments in America “in order to vacuum up U.S. industrial capabilities from American companies,” Senate Majority Whip John Cornyn (R-Texas) said at a January hearing. At right, Heath Tarbert, the Treasury Department assistant secretary overseeing CFIUS, testified in January that allowing foreign countries to invest in U.S. technology without making sufficient background checks “will have a real cost in American lives in any conflict.”

The White House began exploring what more it could do on its own, asking the Treasury Department in late March to offer a list of potential Chinese investment restrictions within 60 days.
Finally, earlier this month, Senate and House leaders announced plans to mark up the bill, starting a process that could lead to passage later this year.
Still, the failure to act more quickly may itself be jeopardizing national security. 
At a hearing in January, Heath Tarbert, the Treasury Department assistant secretary overseeing CFIUS, testified that allowing foreign countries to invest in U.S. technology without making sufficient background checks “will have a real cost in American lives in any conflict.”
“That is simply unacceptable,” he said.

‘Made in China 2025’

Last October, Chinese dictator Xi Jinping took the podium before 2,300 Communist Party delegates to deliver his expansive vision for China’s future.
Xi was speaking at the party’s 19th Congress, a summit held every five years to choose the nation’s leaders in the Great Hall of the People in Beijing, the expansive theater right off Tiananmen Square. Speaking in front of a giant gold hammer and sickle framed by bright red drapes, Xi held forth for 3½ hours, declaring that China would look outward to solve its problems.

Chinese dictator Xi Jinping (bottom center) addresses senior members of the government at the opening session of the 19th Communist Party Congress in Beijing on Oct. 18, 2017. 
“We will deepen reform of the investment and financing systems, and enable investment to play a crucial role in improving the supply structure.”
China watchers said Xi was alluding to the government’s relatively new economic plan, dubbed “Made in China 2025,” which leaders had unveiled in 2015. 
The detailed vision shifted the focus on domestic research investments to the need to pump money into — and better understand — foreign markets.
“We will,” the document proclaimed, “guide enterprises to integrate into local culture.”
“We will,” the document continued, “support enterprises to perform mergers, equity investment and venture capital investment overseas.”
At the top of the investment wish list were high-tech industries like artificial intelligence, robotics and space travel.
For the increasingly powerful Chinese leader, it was the culmination of years of efforts to guide how China spends its blossoming wealth. 
In addition to luring foreign companies to China, Xi wanted the country — which is sitting on several trillion dollars in foreign exchange reserves — to start investing abroad.
The plan had “much more money behind it” and “much more coordination” between Beijing and Chinese industrialists than previous economic strategies, according to Scott Kennedy, an expert on Chinese economic policy at the Center for Strategic and International Studies, a Washington think tank that specializes in defense matters.
“And a big component of that is acquiring technology abroad,” he said.
From 2015 to 2017, Chinese venture capitalists pumped money into hot companies like Uber and Airbnb, but also dozens of burgeoning firms with little or no name recognition. 
The country didn’t just want “trophy assets,” Kennedy explained. 
China’s leaders wanted to “fill in some of the gaps they have” in China’s tech economy.
While the Asian power has piled up profits from its large manufacturing plants that churn out low-cost products, the Beijing government realized it would face declining productivity unless its economy, from agriculture to manufacturing, adopted high-tech methods. 
Essentially, China wanted to automate entire industries — including car manufacturing, food production and electronics — and bring the whole process in-house.

In October 2017, visitors look at a display of satellite technologies at an exhibition in Beijing highlighting China’s achievements under five years of Xi Jinping’s leadership. U.S. officials have a name for their frustration with Beijing’s technology ambitions: “Made in China 2025.” Issued in 2015, it calls for China to develop its own global competitors in fields from information technology to electric cars to pharmaceuticals. 

So Beijing’s leaders encouraged the country’s cash-rich investors to search for “emerging companies that have technologies that may be extremely important … but aren’t proven,” Kennedy said. 
The initiative has spawned investments in American startups that work on robotics, energy equipment and next-generation IT. 
Of particular concern to U.S. national security officials is the semiconductor industry, which makes the microchips that provide the “guts” of many advance technologies that China is seeking to leverage.
“A concerted push by China to reshape the market in its favor, using industrial policies backed by over one hundred billion dollars in government-directed funds, threatens the competitiveness of U.S. industry and the national and global benefits it brings,” declared a January 2017 report from the President's Council of Advisors on Science and Technology, warning of the urgent threat to U.S. superiority in semiconductor technology.
Notably, many of China’s investments didn’t register on the CFIUS radar. 
They involved the early-seed funding of tech firms in Silicon Valley and low-profile purchases such as the one in Delaware bankruptcy court. 
They included joint ventures with microchip manufacturers, and the research and development centers created with international partners.
“They have diversified to look for smaller targets,” Kennedy said. 
“Those things typically do not generate a CFIUS reaction. That is part of it.”

An obscure research body

CFIUS was set up by Congress in 1975 amid growing concerns about oil-rich countries in the Middle East buying up American companies, from energy firms to armsmakers. 
Chaired by the Treasury Department, the committee brought together representatives from all the major Cabinet agencies to assess the financial, technological and national security threats posed by such investments. 
For its first decade, however, CFIUS existed mostly as an obscure research body. 
From 1975 to 1980, the committee met only 10 times, according to congressional reports.
Japan’s economic ascendance in the 1980s changed that. 
The Defense Department asked CFIUS to step in and investigate potential Japanese purchases of a U.S. steel producer and a company that made ball bearings for the military. 
In 1988, Congress gave the committee the authority to recommend that the president nix a deal altogether. 
Still, the committee remained mostly an ad hoc operation into the 1990s.
“Bureaucratically it was not a very smooth, functioning operation,” recalled Steve Grundman, who worked as part of the committee during the Clinton administration. 
“We had to pick up some intelligence here, some technology assessment there, some industrial analysis hither.”
After the Sept. 11, 2001, terrorist attacks, Congress renewed its interest in CFIUS, passing legislation that instructed the committee to consider a deal’s effect on “homeland security” and “critical industries,” a notable change, according to Rosenzweig, the DHS official who worked with CFIUS during the George W. Bush administration. 
The directive gave the committee a mandate to keep an eye on a wider array of industries, such as hospitals and banks, that DHS considered “critical” to keeping American society operating.
Rosenzweig called it a “singular shift.” 
Over time, he said, the committee went from reviewing acquisitions of steel companies — involving just two parties and a tangible product — to investigating technically complex purchases of microchip companies and other software or data-rich firms.
“When I first came to CFIUS, the filings from the other side would be a few-page letter about why this was a good deal,” Rosenzweig said. 
“Now it’s a stack of books that’s up to my knee.”
The committee’s staffing and resources have not kept pace with the growing workload, multiple people who work with CFIUS told POLITICO. 
While the Treasury Department has been hiring staffers and contractors to help handle the record workload, the committee’s overall resources are subject to the whims of the individual agencies involved in the process, said Stephen Heifetz, who oversaw the CFIUS work at DHS during the second Bush administration.

A Chinese company’s plan to acquire the American money transfer company MoneyGram fell apart when the two sides realized they would likely not get CFIUS approval because of concerns that the personal data of millions of Americans – including military personnel – could fall into the hands of the Chinese military. 

There is no single budget or staffing figure for CFIUS. 
Instead, each agency decides the level of personnel and funding it’s willing to commit to the committee. 
The Treasury Department and DHS have two of the larger CFIUS teams, Heifetz said. 
During his tenure, Heifetz’s DHS squad included roughly 10 people, split equally between government workers and outside contractors.
“Each agency decides more or less on their own how they’re going to staff it,” Heifetz said.
At Treasury, there are now between 20 and 30 people working for CFIUS, according to a senior department official. 
But even with the expanded team, the committee is stretched precariously thin. 
The official described 80-hour workweeks, regular weekend work and no ability to take time off.
“It’s enough to handle the current mandate, but not comfortably,” the official said.
Amid this uncertainty over resources, CFIUS investigations into foreign acquisitions nearly tripled from 2009 to 2015. 
The most common foreign investor that hits the CFIUS radar is now China. 
Nearly 20 percent of the committee’s reviews from 2013 to 2015, the most recent data available, involved the Asian power, easily ahead of second-place Canada at just under 13 percent.
Since 2015, the Treasury official said, those trends have only continued: Chinese deals now represent a large plurality of the committee’s work.
The attention appears to be well-founded. 
In recent years, China has been repeatedly accused of industrial espionage — using indirect means to obtain American software and military secrets, everything from the code that powers wind turbines to the designs that produce the Pentagon’s modern F-35 fighter jets. 
And several Chinese businessmen have pleaded guilty to participating in complex conspiracies to get their hands on sensitive technical data from U.S. firms and shuttle it back to Beijing. 
Again and again, high-tech products and military equipment have popped up in China that bear a too-striking resemblance to their American counterparts.
Spurred by these incidents, CFIUS has successfully advised the president to nix Chinese deals at a record clip. 
In December 2016, President Barack Obama stopped a Chinese investment fund from acquiring the U.S. subsidiary of a German semiconductor manufacturer — only the third time a president had taken such a step at that point. 
In September 2017, Trump halted a China-backed investor from buying the American semiconductor maker Lattice, citing national security concerns.
Three months later, a Chinese company’s plan to acquire the American money transfer company MoneyGram fell apart when the two sides realized they would likely not get CFIUS approval because of concerns that the personal data of millions of Americans — including military personnel — could fall into the hands of the Chinese military.
Weeks after that, the committee essentially jettisoned a Chinese state-backed group’s attempt to buy Xcerra, a Massachusetts-based tech company that makes equipment to test computer chips and circuit boards. 
Then, in March, Trump blocked the purchase of the chipmaker Qualcomm by Singapore-based Broadcom Ltd. 
CFIUS said such a move could weaken Qualcomm, and thereby the United States, as it vies with foreign rivals such as China’s Huawei Technologies to develop the next generation of wireless technology known as 5G.

NOT DOING ENOUGH? “You can buy a [partial] interest in a company and gain access to the same type of technology,” Attorney General Jeff Sessions told Congress in October. Defense Secretary Jim Mattis echoed those concerns last summer, warning that America is failing to restrict foreign investments in certain types of critical industries. 

To national security leaders, though, CFIUS is still only scratching the surface of China’s ambitions to acquire U.S. technology, noting that traditional sale-and-purchase agreements to obtain a U.S. company aren’t the only ways to gain access to cutting-edge technology.
“You can buy a [partial] interest in a company and gain access to the same type of technology,” Attorney General Jeff Sessions told Congress in October, adding that Justice Department investigators “are really worried about our loss of technology” in instances where Chinese investors buy small stakes in American tech companies.
The U.S. military has raised similar concerns. 
Defense Secretary Jim Mattis warned last summer that America is failing to restrict foreign investments in certain types of critical industries, testifying during another hearing that CFIUS is “outdated” and “needs to be updated to deal with today’s situation.”

A mysterious takeover
The case that occurred last summer in an obscure courtroom in Delaware seemed innocuous enough: one relatively small tech firm buying out a bankrupt competitor, a transaction that elicited about as much drama as mailing a letter.
The bankrupt semiconductor maker ATop Tech had only 86 employees when it was declared insolvent. 
But it had a more than a $1 billion market share of the electronic-design automation and integrated circuits markets, the company told the bankruptcy court, giving it potential value to any player seeking to enter the highly specialized semiconductor industry.
Avatar Integrated Systems, the company seeking to purchase ATop, was apparently such a player. 
But it was not well known to others in the semiconductor industry, and its precise ownership was a bit of a mystery. 
The sole director listed on its incorporation papers was a Hong Kong-based businessman named Jingyuan Han, and it issued shares to King Mark International Limited, a Hong Kong company in which Han was an investor. 
Avatar was set up in March 2017, according to the company.
The transaction went ahead despite concerns raised to the court by other players in the semiconductor industry, as well as those of a former senior Pentagon official who specifically suggested the Chinese government may be backing Avatar.
The former Pentagon official, Joseph Benkert, was enlisted by another American semiconductor company, Synopsys, to help recoup money it was owed by ATop. 
He warned the court that the deal might have national security risks.
CFIUS has identified businesses engaged in design and production of semiconductors as presenting possible national security vulnerabilities because they may be useful in defending, or seeking to impair, U.S. national security, as semiconductor design or production may have both commercial or military applications,” Benkert, the former assistant secretary of defense for global affairs under the second Bush administration, wrote to the court.
Benkert argued that the question of Avatar’s ownership needed more review given that the company appeared to be “under the control of Han, a Chinese national.”
“In my opinion,” Benkert wrote, “the proposed transaction is likely to receive thorough CFIUS scrutiny and there is a material risk that it will not receive CFIUS approval.”

Joseph Benkert, the former assistant secretary of defense for global affairs under the George W. Bush administration, argued that the question of Avatar’s ownership needed more review given that the company appeared to be under the control of a Chinese national. 

But despite those concerns, the deal to buy ATop Tech was not given a formal review by CFIUS, according to a senior administration official with direct knowledge of the process. 
A Treasury Department official, speaking on behalf of CFIUS, declined to comment on the merger.
An Avatar official, reached at the company office in Santa Clara, California, did not respond to questions or a request for an interview with Han. 
The company did not respond to multiple requests to discuss its relationship — if any — with the Chinese government or the details of its business.
Han, who has been described in media reports as one of China’s wealthiest men, has spent his career almost entirely in the iron and steel industries. 
Avatar’s scant history seemed to suggest that it was created for the sole purpose of acquiring an established American semiconductor firm like ATop Tech, according to several former national security officials who still work on CFIUS cases.
Attempts to reach Han through China Oriental Group, the iron and steel company that he runs, were also unsuccessful.
Officials familiar with the CFIUS process say that bankruptcy deals such as the Atop-Avatar case sometimes fall off their radar because of difficulty in discerning whether Chinese investors are working with the government. 
In other bankruptcy cases, Chinese investment in a potential buyer may not be visible in official filings, especially when a web of holding companies is involved. 
Thus, say current and former officials working with CFIUS, a significant amount of detective work is necessary to discern both the identity and the intentions of the investors.
Traditionally, courts have defined control of a company as “the ability to direct management to make certain decisions.” 
But a former Treasury Department official said CFIUS needs to focus on “beneficial ownership,” defined as having the ability to obtain technology from the firm, rather than overall decision-making power.
“It is very hard to find beneficial ownership,” said the official. 
“Our concern is the capacity of the system to deal with these.”
The bills pending in Congress to strengthen the CFIUS review process include provisions designed to make scrutiny of bankruptcy cases easier. 
The bills would require CFIUS to “prescribe regulations to clarify that the term ‘covered transaction’ includes any transaction ... that arises pursuant to a bankruptcy proceeding or other form of default on debt.”
A sharper focus on bankruptcy cases, particularly in making sure CFIUS scrutinizes investors to ties to foreign governments, is desperately needed, said a former Pentagon official who is still involved in CFIUS cases. 
“How do they find out about it now? They are reading The Wall Street Journal late at night,” the official said. 
“It is not a very systematic process.”
The former official also recalled that in the past, the Pentagon has hired an outside contractor to scour around for unreported transactions that might raise some national security flags, such as in the semiconductor or aerospace sectors. 
Such checks need to be performed in a more systematic way.
“There is no process for surfacing information out of the bankruptcy courts,” the official said.

China goes to Silicon Valley
In Silicon Valley, Chinese investment isn’t typically viewed as a threat, but rather more of a blessing.
Chris Nicholson, co-founder of Skymind, an artificial intelligence company that makes the type of cutting-edge software that both the United States and China covet, recalls the many long months he spent in 2014 trudging up and down Sand Hill Road, the heart of Silicon Valley’s leading venture capital firms, and all the doors that slammed shut.
“That was a long, dry year for us,” he told POLITICO.
Nicholson hadn’t sought Chinese money. 
But then Tencent, China’s internet and telecommunications giant and now one of the world’s largest companies, approached the firm, offering $200,000 in seed funding. 
The Chinese monetary infusion buoyed Skymind, which soon landed a coveted spot in Y Combinator, the powerful startup accelerator. 
American investors, who had only months earlier eschewed the firm’s overtures, quickly changed their tune. 
Chinese investment soon beget American investment.
“It was that crucial piece of Chinese capital that allowed us to survive,” Nicholson said. 
“That’s all it took. Now we’re a company with 35 employees.”
Reflecting a common feeling among his cohorts in Silicon Valley startups, Nicholson insisted that working with Chinese investors does not mean granting Beijing officials access to the coding process. “My American co-founder and I are in control,” Nicholson said, noting that Skymind has given up none of the rights to its intellectual property and has made its code “open sourced,” which means the code is freely available for cybersecurity experts to inspect, audit and offer suggestions.
But Bryan Ware, CEO of Haystax Technology, which works with law enforcement, defense and intelligence clients on securing their technologies, cast some doubt on the idea that the owners of tech startups would naturally refuse to share details of their technology with their investors: “If you’ve got a Chinese investor and that’s the lifeblood that’s going to allow you to get your product out the door, or allow you to hire your next developer, telling them, ‘No, you can’t do that,’ or, ‘No you shouldn’t do that,’ while you have no other alternatives for financing — that’s just the nature of the dilemma.”
“Every investment comes with a risk of some loss of intellectual property or foreign influence and control,” Ware said.
And too many Silicon Valley deals exist in a “netherworld” between passive investment and absolute takeover, “where there’s access to information, technical information, [and] there is the ability to influence and potentially coerce management,” according to the senior Treasury Department official.
One major concern among specialists like Ware is that Beijing officials could use early Chinese investments in next-generation technology to map the software the federal government and even the Defense Department may one day use — and corrupt it in ways that would give China a window into sensitive U.S. information.
A POLITICO review of 185 tech startups with Chinese investors found just over 5 percent had received government contracts, loans or grants ranging from a few thousand dollars to several million dollars. 
Often, the contracts simply involved research — renewable energy for the Energy Department, electronics and communications equipment for the Pentagon, space technology for NASA. 
Others ordered lab equipment for the Commerce Department, or machine tools for the military.
“There’s a tremendous amount of intelligence value there,” Ware said. 
“All governments desire to know what other governments are doing. And knowing the technologies and how they work I think is a big part of that.”
While there’s no indication that the firms had U.S. government contracts at the time that Chinese investors became involved, that may be part of China’s strategy. 
Derek Scissors, who manages the American Enterprise Institute’s China Global Investment Tracker, an exhaustive database of China’s major global investments, said that as welcome as the surge of Chinese-funded deals may be in Silicon Valley, the engine behind them is the Chinese government
China’s Silicon Valley investment strategy “was shaped by the state and that shaping has gotten tighter,” he said.
Still, many Chinese investments in the United States are not directly backed by the Beijing government, but it can be hard to distinguish.
Prominent Chinese VC firms in Silicon Valley have clear links to the Chinese government. 
Westlake Ventures, for example, received funding from the government in the coastal Chinese city of Hangzhou, according to media reports and a Pentagon research paper
And Westlake has put money into other VC funds, such as the WI Harper Group, which has a stake in a wide slate of American tech companies, from a dating app to a three-dimensional imaging company to a maker of robot cooks. 
Westlake did not respond to a request for comment.
But it’s not always easy to trace the money back to a single source, let alone determine what connection that source has to Beijing’s Communist leadership. 
Haiyin Capital, a Beijing-based VC firm, is partially backed by a state-run Chinese company, according to a company release
Also complex is ZGC Capital Corporation — located in Silicon Valley and focused on providing startups with basic business help — is a subsidiary of a state-owned enterprise funded by the Beijing government, according to the organizations’ websites. 
Attempts to reach each organization were unsuccessful.
Security and economics experts say they are unsure how much financial or national security harm these Chinese investments are actually causing the United States — simply because it may not be clear for years exactly how important the technology may be.

Enter Congress
In Washington, Silicon Valley’s warning has been heard loudly enough to delay the passage of a bill to strengthen the CFIUS process, despite the support of such bipartisan figures as Cornyn, the second-ranking Senate Republican, and California’s own Democratic Sen. Dianne Feinstein, the ranking member of the Senate Judiciary Committee.
Last year, after a cascade of warnings from the Defense Department, Justice Department and other powerful sources, both the House and Senate seemed ready to take action to strengthen oversight of foreign investment in technology companies.
The bipartisan proposal would direct CFIUS to consider whether pending investments would erode America’s technological edge, enable a foreign government to utilize digital spying powers that might be used against the United States, or give sensitive data — even indirectly — to a foreign government. 
Similarly, it would expand the definition of “critical industries” — a reference to sectors like banking, defense or energy — to include “critical technologies,” a significant expansion of the committee’s current mandate.
Under the bill, CFIUS would have to create a system to monitor transactions that aren’t voluntarily brought to the committee’s attention.
The measure would also centralize some of the committee’s functions and allow the committee to charge filing fees up to 1 percent of the total value of the transaction up to $300,000, and let Treasury offer a single CFIUS budget request rather than relying on contributions from other departments.
The Trump administration offered a full-throated endorsement of the bill in January, saying it “would strengthen our ability to protect national security and enhance confidence in our longstanding open investment policy.”
And while the bill doesn’t explicitly cite China, the provisions are clearly aimed at limiting its access to the most sensitive areas.
Any Chinese-related company that is part of our supply chain is a concern to me,” Rep. Robert Pittenger (R-N.C.), a lead House sponsor of the bill, told POLITICO.
Pittenger insisted that Congress’ inaction is allowing China to brazenly pilfer the technology that drives America’s military might, and sell that technology to adversaries like Iran and North Korea. 
He noted that a Treasury official told him getting the bill signed is the department’s No. 1 legislative priority for 2018.
“We can’t turn a blind eye to this,” Pittenger said.
In 2016, foreign investors injected $373 billion into the United States, a figure that has been mostly increasing since the early 2000s, according to government data. 
Lengthening the CFIUS review time — currently 30 days, but set to extend to 45 days under the new bill — could damage the “brittle process” of early-stage fundraising, said Nicholson, who encouraged lawmakers to focus on expanding CFIUS powers in other areas, such as bankruptcy courts.
Some industry groups have suggested that the bill should delineate these technologies — robotics or artificial intelligence, for instance — to avoid having every deal scrutinized from top to bottom.
“We would be well served to define those issues from the outset,” said Dean Garfield, CEO of the Information Technology Industry Council, a trade group representing industry heavyweights such as Amazon, Apple, Facebook, Google, Microsoft and Twitter. 
Garfield said getting the bill revised is a top-five issue for ITI in 2018.
He cautioned that the bill, as written, could spike the number of annual CFIUS reviews from “a few hundred deals” to “a few thousand.”
Proponents, however, feel that specifying specific technologies might be impossible. 
The software powering the country — from waterways to missile systems — is constantly changing and evolving, they say. 
Instead, they suggest, new CFIUS funds and a streamlined reporting process would help keep the growing stream of deal reviews moving.
“For the price of a single B-21 bomber, we can fund an updated CFIUS process and protect our key capabilities for several years,” Cornyn said at a hearing. 
“That is a down payment on long-term national security.”
Nonetheless, lawmakers have been working to address industry complaints, making tweaks to the legislation. 
And just last week, lawmakers made a breakthrough, agreeing to slightly narrow the bill’s scope, raising the chances the measure will make it to the president’s desk.
The House and Senate are scheduled to mark up their respective CFIUS bills on Tuesday, and lawmakers now are angling to attach the legislation to the annual, must-pass defense authorization bill as a way to guarantee it gets through. 
But lingering disputes could still derail the process.
National security leaders and lawmakers warn that these squabbles, while reflecting sincerely held positions, are simply delaying necessary action. 
At that January hearing, Cornyn described a changing reality if CFIUS is left in its current iteration.
“Just imagine if China’s military was stronger, faster and more lethal,” Cornyn said.
“That is what the future likely holds,” he added, “unless we act.”

lundi 30 avril 2018

U.S. Fighters for Taiwan

The island democracy needs advanced air power to deter China.
The Wall Street Journal

A Chinese armed helicopter assaults targets with rocket projectiles in a live-fire exercise off China's southeast coast, April 18. 

Chinese bombers and warships conducted exercises near Taiwan this month, a show of force that officials in Beijing called a warning not to pursue formal independence. 
Last year the number of Chinese air patrols off Taiwan’s east coast quadrupled, and Beijing under Xi Jinping has stepped up pressure on the island democracy to “reunify” with the motherland.
China’s bullying is raising alarms in the U.S., which is obligated to help Taiwan defend itself under the Taiwan Relations Act
The mainland People’s Liberation Army is deploying new jets, ships and other weapons in such numbers that the island’s defenses are in danger of being overwhelmed. 
Past U.S. Administrations failed to sell Taiwan the weapons it needs, and much of its arsenal is outdated.
The island’s most pressing need is air power. 
The mainstay of Taiwan’s fighter force is a fleet of 144 F-16s bought in the mid-1990s. 
Fewer than half the planes are ready for combat at any time, thanks to the maintenance required by aging aircraft and upgrades. 
Taiwan is pleading for new fighters to counter China’s advanced planes such as the Russian-made Su-35.
China also deploys more than 1,500 ballistic missiles within range of Taiwan, some highly accurate. They could damage airfields and destroy planes on the ground in minutes. 
Taiwan has bought advanced versions of the Patriot system to counter this threat, but the number and sophistication of Chinese missiles means many would get through. 
A 2009 Rand study said China could likely achieve air superiority over the island within days.
U.S. Senators John Cornyn and James Inhofe asked Donald Trump last month to support Taiwan’s request to buy the vertical takeoff version of the new F-35 fighter
They wrote, “The survivability of the F35B and modern long-range sensors could help Taiwan intercept Chinese missiles, promoting deterrence well into the next decade.”
In a crisis the F-35B can be based almost anywhere, making it hard for Chinese missiles to destroy on the ground. 
Its stealth and other capabilities mean Chinese military planners couldn’t count on air superiority in a conflict.
There are several reasons the U.S. is unlikely to sell Taiwan the F-35B right away. 
One is the difficulty of getting the consortium of nations behind the F-35 to agree amid China’s inevitable howls of outrage. 
Another concern is China’s success in recruiting spies within Taiwan’s armed forces, meaning the plane’s secrets could be stolen.
One solution would be to sell Taiwan the latest version of the F-16 and lease some used fighters as a stopgap. 
Over the next few years, the U.S. could lay the groundwork for the F-35B sale as well as another layer of missile defense, the Terminal High Altitude Area Defense or Thaad. 
That would give President Tsai Ing-wen time to follow through on her promise to increase military spending, a key requirement if Taiwan is to strengthen its defenses.
Beijing keeps pressing the U.S. to abandon Taiwan. 
Last December a Chinese diplomat in Washington threatened war if a U.S. Navy ship visits a Taiwanese port. 
But the threats and intimidation are backfiring, fostering a consensus in Washington that Taiwan needs more U.S. arms and closer security cooperation to deter Chinese adventurism. 
A sizable sale of fighter aircraft this year would shore up a democratic ally and reduce the chance of conflict in the Taiwan Strait.

mercredi 28 mars 2018

Sina Delenda Est

Give Taiwan the F-35 to deter China, top senators tell Trump
By Joe Gould  

An F-35B lands on the flight deck of the amphibious assault ship Wasp as part of a routine patrol in the Indo-Pacific region.

WASHINGTON — Two key GOP senators are pressing U.S. President Donald Trump to share Lockheed Martin’s F-35 or F-16V fighter jet to upgrade Taiwan’s aging air power and deter China.
Sens. John Cornyn and Jim Inhofe sent the letter to Trump on Monday, days after Taiwan defense officials confirmed their long-standing interest in the F-35.
Cornyn, of Texas, is the Senate’s No. 2 Republican, and Inhofe, of Oklahoma, is the Senate Armed Services Committee’s No. 2 Republican.
The F-16V — billed as the most advanced fourth-generation fighter — would be a cost-effective alternative to the fifth-generation F-35, the letter argues.
The lawmakers also said it would address the “quantitative and qualitative challenges” of Taiwan’s air defense fleet.
Of 144 F-16s Taiwan bought from the U.S. in 1993, 15 are in the U.S. for training purposes and 24 more will be offline for upgrades on a rolling basis through 2023.
That means Taiwan is likely able to field only 65 F-16s at any given time in defense of the island — “not enough to maintain a credible defense,” the letter reads.
“If Taiwan’s air defense fleet is allowed to degenerate in number and quality, I am concerned that it would be destabilizing and would encourage Chinese aggression to ensue,” the letter reads. “Additionally, I am concerned that Taiwan’s military weakness and the inability to mount a credible air force would place an undue burden on forward-deployed U.S. forces in North East Asia.”
Those upgrades include fitting the F-16 with the active electronically scanned Northrop Grumman AN/APG-83 Scalable Agile Beam Radar, a new mission computer and an electronic warfare suite.
Taiwan is reportedly interested in the F-35B short-takeoff-and-vertical-landing version, through which Taiwan would aim to maintain air power if China attacked its runways in a first strike.
“The survivability of the F-35B and modern long-range sensors could help Taiwan intercept Chinese missiles, promoting deterrence well into the next decade,” the letter reads.
“The F-35B would not only provide a modern fifth-generation fighter, but would also bolster their capabilities in next-generation warfare.”
Earlier this month, Xi Jinping issued a warning to Taiwan, which China views as a breakaway province.
However, Washington provides arms to Taipei under the 1979 Taiwan Relations Act, and Trump days ago signed a bill to make it easier for the U.S. and Taiwan to exchange official visits.
In June, China demanded Washington reverse its decision to sell Taiwan $1.42 billion worth of arms, saying it contradicted a “consensus” that Xi reached with Trump during talks in Florida last year.
Inhofe in February completed a congressional trip to the Asia-Pacific region, which included a visit to Taiwan.

vendredi 29 septembre 2017

"China is our number one adversary with respect to economic espionage." -- William Evanina

Top U.S. Spymaster Warns American Firms About Deals With China
By Sara Forden and David McLaughlin

The top U.S. counterintelligence official said American firms need to be cognizant of the national security risks that could arise from selling to Chinese buyers or entering into joint ventures with them.
William Evanina, the Director of the National Counterintelligence and Security Center, said it’s understandable that executives and owners of American companies want to do the most lucrative deals, but they don’t always understand the potential risks to national security.
Evanina’s comments come as the Trump administration and lawmakers in Washington move to toughen the framework for reviewing acquisitions by Chinese investors.
"China is our number one adversary with respect to economic espionage," Evanina said in an interview at Bloomberg in Washington Thursday. 
"Their ability to steal proprietary information and trade secrets is proficient and it’s aggressive."
Evanina’s comments show the extent of concern within the U.S. intelligence community about China’s push to acquire U.S. technology
A slew of proposed deals by Chinese investors have struggled to gain approval from a secretive panel that reviews takeovers by foreign buyers for national security threats.
Among the deals under review by the Committee on Foreign Investment in the U.S. are MoneyGram International Inc.’s proposed sale to Ant Financial, the financial-services company controlled by Chinese billionaire Jack Ma, and Genworth Financial Inc.’s $2.7 billion sale to China Oceanwide Holdings Group Co.

Broken Deals

Several proposed takeovers by Chinese investors have fallen apart over opposition from CFIUS. 
The latest came Tuesday when Chinese investors, led by digital-map provider NavInfo Co., called off plans to buy a stake in counterpart HERE Technologies. 
Earlier this month, U.S. President Donald Trump blocked a China-backed takeover of Lattice Semiconductor Corp. on the recommendation of the panel.
Evanina outlined a scenario in which the sale of a defense-based technology company could harm the U.S.’s ability to ensure supplies for military equipment such as fighter jets and ships.
"That’s where we have to be really creative to explain that this is a national security threat," he said. "It’s something we have to continue to drive, especially when it involves technology."
Congress is planning to reshape the CFIUS framework as concerns about China’s deal-making have intensified in Washington. 
Republican Senator John Cornyn of Texas, who has warned that Chinese investment has the potential to undermine U.S. military capabilities, says CFIUS should have broader scope to review foreign takeovers. 
The panel should examine joint ventures and minority stakes, not just acquisitions, he said at a June speech in Washington.
Evanina said he supported reforming how CFIUS works.
"The CFIUS process is old, antiquated and it’s being reformatted," he said. 
"There are a lot of people in the government working very hard to make it a useful tool for what we want to do."

mercredi 14 juin 2017

Chinese Peril

U.S. weighs restricting Chinese investment in artificial intelligence
By Phil Stewart | WASHINGTON
An MQ-9 Reaper remotely piloted drone aircraft performs aerial maneuvers over Creech Air Force Base, Nevada, U.S., June 25, 2015. 
U.S. Defense Secretary James Mattis testifies before the Senate Armed Services Committee on Capitol Hill in Washington, D.C., U.S., June 13, 2017.

The United States appears poised to heighten scrutiny of Chinese investment in Silicon Valley to better shield sensitive technologies seen as vital to U.S. national security, current and former U.S. officials tell Reuters.
Of particular concern is China's interest in fields such as artificial intelligence and machine learning, which have increasingly attracted Chinese capital in recent years. 
The worry is that cutting-edge technologies developed in the United States could be used by China to bolster its military capabilities and push it ahead in strategic industries.
The U.S. government is now looking to strengthen the role of the Committee on Foreign Investment in the United States (CFIUS), the inter-agency committee that reviews foreign acquisitions of U.S. companies on national security grounds.
An unreleased Pentagon report, viewed by Reuters, warns that China is skirting U.S. oversight and gaining access to sensitive technology through transactions that currently don't trigger CFIUS review. 
Such deals include joint ventures, minority stakes and early-stage investments in start-ups.
"We're examining CFIUS to look at the long-term health and security of the U.S. economy, given China's predatory practices" in technology, said a Trump administration official, who was not authorized to speak publicly.
Defense Secretary Jim Mattis weighed into the debate on Tuesday, calling CFIUS "outdated" and telling a Senate hearing: "It needs to be updated to deal with today's situation."
CFIUS is headed by the Treasury Department and includes nine permanent members including representatives from the departments of Defense, Justice, Homeland Security, Commerce, State and Energy. 
The CFIUS panel is so secretive it normally does not comment after it makes a decision on a deal.
Under former President Barack Obama, CFIUS stopped a series of attempted Chinese acquisitions of high-end chip makers.
Senator John Cornyn, the No. 2 Republican in the Senate, is now drafting legislation that would give CFIUS far more power to block some technology investments, a Cornyn aide said.
"Artificial intelligence is one of many leading-edge technologies that China seeks and that has potential military applications," said the Cornyn aide, who declined to be identified.
"These technologies are so new that our export control system has not yet figured out how to cover them, which is part of the reason they are slipping through the gaps in the existing safeguards," the aide said.
The legislation would require CFIUS to heighten scrutiny of buyers hailing from nations identified as potential threats to national security. 
CFIUS would maintain the list, the aide said, without specifying who would create it.
Cornyn's legislation would not single out specific technologies that would be subject to CFIUS scrutiny. 
But it would provide a mechanism for the Pentagon to lead that identification effort, with input from the U.S. technology sector, the Commerce Department, and the Energy Department, the aide said.
James Lewis, an expert on military technology at the Center for Security and International Studies, said the U.S. government is playing catch-up.
"The Chinese have found a way around our protections, our safeguards, on technology transfer in foreign investment. And they're using it to pull ahead of us, both economically and militarily," Lewis said.
"I think that's a big deal."
China made the United States the top destination for its foreign direct investment in 2016, with $45.6 billion in completed acquisitions and greenfield investments, according to the Rhodium Group, a research firm. 
Investment from January to May 2017 totaled $22 billion, which represented a 100 percent increase against the same period last year, it said.

AI'S ROLE IN DRONE WARFARE
Concerns about Chinese inroads into advanced technology come as the U.S. military looks to incorporate elements of artificial intelligence and machine learning into its drone program.
Project Maven, as the effort is known, aims to provide some relief to military analysts who are part of the war against Islamic State.
These analysts currently spend long hours staring at big screens reviewing video feeds from drones as part of the hunt for insurgents in places like Iraq and Afghanistan.
The Pentagon is trying to develop algorithms that would sort through the material and alert analysts to important finds, according to Air Force Lieutenant General John N.T. "Jack" Shanahan, director for defense intelligence for warfighting support.
"A lot of times these things are flying around (and)... there's nothing in the scene that's of interest," he told Reuters.
Shanahan said his team is currently trying to teach the system to recognize objects such as trucks and buildings, identify people and, eventually, detect changes in patterns of daily life that could signal significant developments.
"We'll start small, show some wins," he said.
A Pentagon official said the U.S. government is requesting to spend around $30 million on the effort in 2018.
Similar image recognition technology is being developed commercially by firms in Silicon Valley, which could be adapted by adversaries for military reasons.
Shanahan said he was not surprised Chinese firms were making investments there.
"They know what they're targeting," he said.
Research firm CB Insights says it has tracked 29 investors from mainland China investing in U.S. artificial intelligence companies since the start of 2012.
The risks extend beyond technology transfer.
"When the Chinese make an investment in an early stage company developing advanced technology, there is an opportunity cost to the U.S., since that company is potentially off-limits for purposes of working with (the Department of Defense)," the report said.

CHINESE INVESTMENT
China has made no secret of its ambition to become a major player in artificial intelligence, including through foreign acquisitions.
Chinese search engine giant Baidu Inc launched an AI lab in March with China's state planner, the National Development and Reform Commission. 
In just one recent example, Baidu Inc agreed in April to acquire U.S. computer vision firm xPerception, which makes vision perception software and hardware with applications in robotics and virtual reality.
"China is investing massively in this space," said Peter Singer, an expert on robotic warfare at the New America Foundation.
The draft Pentagon report cautioned that one of the factors hindering U.S. government regulation was that many Chinese investments fall short of outright acquisitions that can trigger a CFIUS review. Export controls were not designed to govern early-stage technology.
It recommended that the Pentagon develop a critical technologies list and restrict Chinese investments on that list. 
It also proposed enhancing counterintelligence efforts.
The report also signaled the need for measures beyond the scope of the U.S. military, such as changing immigration policy to allow Chinese graduate students to stay in the United States after completing their studies, instead of returning home.
Venky Ganesan, managing director at Menlo Futures, concurred about the need to keep the best and brightest in the United States.
"The single biggest thing we can do is staple a green card to their diploma so that they stay here and build the technologies here – not go back to their countries and compete against us," Ganesan said.