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October 28, 1999, Thursday

TYPE: COMMITTEE HEARING

LENGTH: 26108 words

COMMITTEE: HOUSE ARMED SERVICES COMMITTEE

HEADLINE: U.S. REPRESENTATIVE FLOYD SPENCE (R-SC) HOLDS HEARING ON TERRORISM AND HIGH-PERFORMANCE COMPUTERS

LOCATION: WASHINGTON, D.C.

BODY:
HOUSE ARMED SERVICES COMMITTEE HOLDS HEARING ON U.S. POLICY

REGARDING THE EXPORT OF HIGH PERFORMANCE COMPUTERS


OCTOBER 28, 1999


SPEAKERS: U.S. REPRESENTATIVE FLOYD SPENCE (R-SC), CHAIRMAN

U.S. REPRESENTATIVE BOB STUMP (R-AZ)

U.S. REPRESENTATIVE DUNCAN HUNTER (R-CA)

U.S. REPRESENTATIVE JOHN R. KASICH (R-OH)

U.S. REPRESENTATIVE HERBERT H. BATEMAN (R-VA)

U.S. REPRESENTATIVE JAMES V. HANSEN (R-UT)

U.S. REPRESENTATIVE CURT WELDON (R-PA)

U.S. REPRESENTATIVE JOEL HEFLEY (R-CO)

U.S. REPRESENTATIVE JIM SAXTON (R-NJ)

U.S. REPRESENTATIVE STEPHEN E. BUYER (R-IN)

U.S. REPRESENTATIVE TILLIE K. FOWLER (R-FL)

U.S. REPRESENTATIVE JOHN M. MCHUGH (R-NY)

U.S. REPRESENTATIVE JAMES M. TALENT (R-MO)

U.S. REPRESENTATIVE TERRY EVERETT (R-AL)

U.S. REPRESENTATIVE ROSCOE G. BARTLETT (R-MD)

U.S. REPRESENTATIVE HOWARD P. "BUCK" MCKEON (R-CA)

U.S. REPRESENTATIVE J.C. WATTS, JR. (R-OK)

U.S. REPRESENTATIVE WILLIAM M. "MAC" THORNBERRY (R-TX)

U.S. REPRESENTATIVE JOHN N. HOSTETTLER (R-IN)

U.S. REPRESENTATIVE SAXBY CHAMBLISS (R-GA)

U.S. REPRESENTATIVE VAN HILLEARY (R-TN)

U.S. REPRESENTATIVE JOE SCARBOROUGH (R-FL)

U.S. REPRESENTATIVE WALTER B.JONES, JR. (R-NC)

U.S. REPRESENTATIVE LINDSEY O. GRAHAM (R-SC)

U.S. REPRESENTATIVE JIM RYUN (R-KS)

U.S. REPRESENTATIVE BOB RILEY (R-AL)

U.S. REPRESENTATIVE JIM GIBBONS (R-NV)

U.S. REPRESENTATIVE MARY BONO (R-CA)

U.S. REPRESENTATIVE JOSEPH R. PITTS (R-PA)

U.S. REPRESENTATIVE ROBIN HAYES (R-NC)

U.S. REPRESENTATIVE STEVE KUYKENDALL (R-CA)

U.S. REPRESENTATIVE DONALD L. SHERWOOD (R-PA)


U.S. REPRESENTATIVE IKE SKELTON (D-MO),

RANKING MEMBER

U.S. REPRESENTATIVE NORMAN SISISKY (D-VA)

U.S. REPRESENTATIVE JOHN M. SPRATT, JR. (D-SC) U.S. REPRESENTATIVE SOLOMON P. ORTIZ (D-TX)

U.S. REPRESENTATIVE OWEN B. PICKETT (D-VA)

U.S. REPRESENTATIVE LANE EVANS (D-IL)

U.S. REPRESENTATIVE GENE TAYLOR (D-MS)

U.S. REPRESENTATIVE NEIL ABERCROMBIE (D-HI)

U.S. REPRESENTATIVE MARTIN T. MEEHAN (D-MA)

U.S. DELEGATE ROBERT A. UNDERWOOD (D-GU)

U.S. REPRESENTATIVE PATRICK J. KENNEDY (D-RI)

U.S. REPRESENTATIVE ROD R. BLAGOJEVICH (D-IL)

U.S. REPRESENTATIVE SILVESTRE REYES (D-TX)

U.S. REPRESENTATIVE THOMAS H. ALLEN (D-ME)

U.S. REPRESENTATIVE VIC SNYDER (D-AK)

U.S. REPRESENTATIVE JIM TURNER (D-TX)

U.S. REPRESENTATIVE ADAM SMITH (D-WA)

U.S. REPRESENTATIVE LORETTA SANCHEZ (D-CA)

U.S. REPRESENTATIVE JAMES H. MALONEY (D-CT)

U.S. REPRESENTATIVE MIKE MCINTYRE (D-NC)

U.S. REPRESENTATIVE CIRO D. RODRIGUEZ (D-TX)

U.S. REPRESENTATIVE CYNTHIA A. MCKINNEY (D-GA)

U.S. REPRESENTATIVE ELLEN O. TAUSCHER (D-CA)

U.S. REPRESENTATIVE ROBERT A. BRADY (D-PA)

U.S. REPRESENTATIVE ROBERT E. ANDREWS (D-NJ)

U.S. REPRESENTATIVE BARON HILL (D-IN)

U.S. REPRESENTATIVE MIKE THOMPSON (D-CA)

U.S. REPRESENTATIVE JOHN B. LARSON (D-CT)


HAROLD J. JOHNSON JR., ASSOCIATE DIRECTOR, NATIONAL

SECURITY & INTERNATIONAL AFFAIRS DIVISION,

GENERAL ACCOUNTING OFFICE


GARY MILHOLLIN, DIRECTOR, WISCONSIN PROJECT ON

NUCLEAR ARMS CONTROL


DAN HOYDYSH, CO-CHAIRMAN, COMPUTER COALITION FOR

RESPONSIBLE EXPORTS


DR. STEPHEN BRYEN, FORMER DIRECTOR, DEFENSE

TECHNOLOGY SECURITY ADMINISTRATION, DEPARTMENT

OF DEFENSE


WILLIAM REINSCH, UNDERSECRETARY FOR EXPORT

ADMINISTRATION, DEPARTMENT OF COMMERCE



*

CHAIRMAN: Committee will please be in order.


The committee meets today to receive testimony on our policy regarding the export of high performance or so-called supercomputers. This morning, we will hear from two panels of witnesses. We will start with a General Accounting Office witness, after which we'll hear from a panel of outside experts and United State computer industry representatives. Later this afternoon we will receive testimony from Undersecretary of Commerce William Reinsch.


Two years ago, we were all shocked by a report that United States supercomputers, which can be used to improve nuclear weapons capabilities or to develop advanced conventional weapons, had been shipped without any government review or approval to military-related facilities in both Russia and China.


For this reason, I joined with the committee's then ranking member, Mr. Dellums, in co-authoring a provision in the fiscal year 1998 defense authorization bill to ensure that the federal government was notified prior to the export of supercomputers with certain capabilities to a country of proliferation concern, a so-called Tier Three country.


Contrary to allegation one hears around this town, the provision was not intended to and in fact has not shut down the export of supercomputers. Instead, the provision simply requires that the government have an opportunity to review certain proposed exports for national security reasons.


This past July, President Clinton announced his intention to exercise the discretion afforded him under this law to increase the performance threshold that triggers the government notification process. The president's proposal is intended to ease the export of more capable computers to these Tier Three countries without any government review.


Under the law, the Congress has until January the 23rd, 2000 to review this proposal before it takes effect. Our hearing today is part of this review process.


To assist the committee in determining the effectiveness of the 1998 legislation, earlier this year Mr. Skelton and I asked the GAO to take a look at how the notification requirement has worked. In its recent report, GAO has concluded that the export notification process contained in the 1998 law has helped to prevent the shipment of United States supercomputers to potentially dangerous end users.


Specifically, the GAO found that in more than 10 percent of industry's notifications to the Commerce Department of an intent to export a supercomputer, the government denied -- decided to require the exporter to submit a formal export license application because of security concerns.


While we can debate whether a larger or smaller number of proposed exports should have been flagged, in my view, the GAO findings validate the fundamental importance of maintaining government visibility into where United States high performance computers exports are going.


The president's recently proposed revision to the notification threshold is the third major revision to United States computer export policy proposed by the administration. Since the president's July announcement, the committee has been engaged with the administration, the computer industry and outside experts in a continuing dialogue to understand the rationale behind and implications of further decontrols of supercomputer exports.


On October the 19th, 1999, Mr. Skelton and I wrote the president asking him to respond to a series of questions regarding the national security implications of this proposed -- of his proposal, as well as the impact it will have on the United States computer industry. A copy of that letter is before each member.


Given the recent history of unauthorized computer exports to potentially dangerous end users and the administration's inclusion to weigh commercial considerations more heavily than national security concerns on matter of export control policy, I though it important to have this hearing prior to our adjournment. Whether or not the proposed relaxation of supercomputer export controls will pose increased national security risk is an issue we're looking into and looking to our panel to help us determine.


To help us better understand the current government review process and the president's proposal, our first witness this morning will be Mr. Jim Johnson, associate director of the National Security and International Affairs Division of GAO. Following Mr. Johnson's testimony and member's questions, we will move to our second panel about outside experts and industry representatives. They will be: Mr. Gary Milhollin, executive director, the Wisconsin Project on Nuclear Arms Control; Dan Hoydysh, director of Trade Policy and Public Policy in Government Affairs Resource and co-chair, Computer Coalition for Responsible Exports; Dr. Stephen Bryen, former director of the Defense Technology Security Administration.


After the completion of the second panel, the committee will recess and reconvene at 2:00 to hear from William Reinsch, undersecretary of Commerce for Export Administration.


Before turning the floor over to our first witness, I'm going to recognize our committee's ranking member, Mr. Skelton, for any comments he'd like to make.


SKELTON: Mr. Chairman, thank you very much. It's a pleasure for me to join you in welcoming our witnesses today. This is the first opportunity for this committee to review the results of the process and the proposed changes associated with supercomputer export provisions enacted in fiscal year 1998 National Defense Authorization Act.


Since we're all familiar with the threats to our national security that's possible through uncontrolled exports of supercomputers, I'll not take much time with my opening remarks, but I do want to share a few comments, Mr. Chairman.


While today's hearing addresses the policy changes that have been proposed by the administration, there is a more perplexing process issue before us right now. That issue is trying to determine what is an appropriate review period for the Congress to provide for itself before any change proposed by the administration is implemented. One hundred and eighty days may not have been needed at this time for us to assess national security implications of the proposed regulations. But I'm not certain that 180 days will not be needed for subsequent changes.


We need to develop a rational and practical procedure, the Congress has at least three simple objectives. One, that provides the administration flexibility to allow for the rapidly changing technological environment. Two, that provides the adequate review and action period for Congress to express it's views. And finally, that let's the U.S. computer industry to remain competitive. I'm here today to ensure the process we rely on to protect our national security interests in the export of supercomputers achieve these three objectives.


As the committee continues to assess the proposed changes, I look forward to carefully examining the proposal that moves us closer to that end. And I look forward to the testimony, Mr. Chairman, thank you so much.


CHAIRMAN: Thank you, Mr. Skelton. Without objection, the prepared remarks of all of our witnesses will be inserted in the record. And Mr. Johnson, you can proceed as you'd like.


JOHNSON: Thank you very much, Mr. Chairman. I'm happy to be here this morning to talk to you about our recently released report on high performance computers that are exported to countries that might be of military or nuclear proliferation concern.


The 1996 Executive -- in 1996 the executive branch removed license requirements for most exports of high performance computers to civilian end users but retained the licensing requirements for countries of concern. The 1996 change also made exporters responsible for determining whether there needed to be applied -- needed to apply for an export license based on their own knowledge of the export's users activities.


In 1997, several U.S. exporters shipped high performance computers to Russia nuclear -- to Russian nuclear weapons laboratories and to military end users in China without licenses. Because the Congress believed that U.S. exporters may be unaware of the end users activities, it included a provision in the 1998 Defense Authorization Act requiring exporters to notify the Department of Commerce of any proposed exports of high performance computers to countries of concern so that a determination could be made whether the export needed to be licensed.


Countries that pose such a concern include such countries as China, Russia, India, Pakistan, Israel and with a total of 50 countries. The 1998 Act also required Commerce to verify the high performance computer exported to countries of concern, regardless of whether a license was required were being -- had been installed where they were intended.


To help you evaluate how this legislation is working, you asked us to determine two things. First, were the exporters notifications to Commerce of proposed sales of high performance computers to countries of concern have resulted in license applications. And what actions were taken on these applications. And secondly, whether Congress is verifying -- whether Commerce is verifying the use of high performance computers after the export to these countries.


I'll briefly summarize the findings of our report. But first I think a little background might be helpful. The legislation authorized 10 days upon receiving notification for Commerce to circulate among the Departments of Defense, State and Energy, the exporters notification of the export of a high performance computer, or an HPC. The Act requires the license to export -- requires a license to export if any of these agencies raise a written objection to the export without a license. If no objection is raised during the 10 day period, the exporter may ship the computer without a license.


Exporters that plan to ship HPC's to users that are already known to be of military or proliferation concern must apply directly for a export license. They do not need to go through the notification process. To indicate the level of concern the United States has with regard to the export of HPC's, the executive branch has organized countries into four tiers.


Each tier after Tier One represents a successively higher level of concern to the United States interests. We have in our -- an appendix to the statement, a list of countries in the four tiers. Tier Three contains 50 countries that are of concern for military or proliferation reasons.


The executive branch also established separate control levels for different types of end users in Tier Three. For end users of military or proliferation concern, the controls required a license for export high performance computers that are over 2,000 million theoretic operations per second or MTOPS. For civilian end users in Tier Three countries, a license was required to export computers that performed over 7,000 MTOPS.


For exports of HPC's performing between two and 7,000 MTOPS, an exporter could ship the computer without a license provided the exporter determined that the recipient was a civilian end user.


In summary, we found that most of the 938 proposed exports of high performance computers to civilian end users in countries of concern from February 3 of 1998, when procedures for implementing the 1998 Authorization Act became effective, to March 19, 1999, which was the cutoff date for our audit. Most of those did not require a license. The agencies that reviewed the export proposals, which are the Department of Commerce, Energy, Defense, State, and until March, the Arms Control and Disarmament Agency, allowed 828 proposed performance -- high performance computers to be exported without a license. But the required license applications for 101 proposed exports. Nine of exports were categorized -- proposals were categorized as incomplete and returned to the exporter.


The majority of the agencies objections to the 101 proposed exports were based on concerns that proposed end users of the computers might be involved in military or proliferation related activities. Of the 101 license applications required, 16 were approved and six were denied. The remaining 79 were returned to the exporter without action, which essentially blocks the proposed export.


Licenses that were approved had additional conditions placed on the re-export or the use of the computer. The majority of these applications involved China, India and Israel. Licenses were required in nine case where the end user had previously received a computer without a license before the Authorization Act was implemented.


The Act contains no time limit for the completion of post- shipment verifications. As of November 17, 1998, Commerce had performed post-shipment verifications of 104 expert -- export -- exported high performance computers, or about 27 percent of the verifications required on the 390 high performance computers exported during fiscal year 1998.


In their report to Congress, Commerce stated that all 104 shipment verifications were favorable, that is the computer had been seen during an on-site visit and nothing was inconsistent with the license or license exceptions. However, a verification conducted by Commerce but not yet completed, detected the possible diversion of two computers to a military end users in apparent violation of U.S. export control regulations. At the time we completed our work, the Commerce Department was investigating these diversions.


Of the 286 high performance computers, computer exports where post-shipment verifications had not been completed, almost two-thirds involved exports to China. According to Commerce, the verifications had not been done because China's policy prior to June of 1998 did not permit post-shipment verifications. Or because the exports did not meet the requirements agreed upon in the June 1998 Memorandum of Understanding between the Department of Commerce and China's Ministry of Foreign Trade and Economic Cooperation.


The Departments of Commerce, Energy, Defense and State were provided an opportunity to comment on our report. Energy did not comment and State provided helpful technical comments. The Department of Defense reviewed the report but had no comments. Commerce said that our report had not acknowledged that first it had to divert enforcement resources from investigations of other -- or from other preventative enforcement activities to conduct the legislatively mandated post-shipment verifications. And second that it would soon be impossible to perform the investigations mandated by law. Commerce also stated that the most -- that most of the uncompleted verifications were in China. And that 103 of the 200 cases outside of China were complete.


Although the 1998 Act requires post-shipment verifications on all high performance computers exported since November 18, 1997, whether licensed or not, Commerce told us that it believes that it is futile to seek to verify the use of the high performance computers exported to China before the end use visit arrangement, or where there were no end use certificates. This is particularly true in view of the proposed change to the control levels for exports to military end users in countries of concern.


The July 1999 announcement to change export control levels will move future licensing requirements from any high performance computers that have already been exported to China. Notwithstanding the new control levels established by the executive branch, the Act requires Commerce to conduct post-shipment verifications on all licensed and unlicensed high performance computers at certain performance levels that are exported to countries including China.


Mr. Chairman, that concludes my summary of our report. I would be pleased to try and respond to your questions.


CHAIRMAN: Thank you, Mr. Johnson. I think we'll go directly into the second panel and then have all of you come back for questions at that time.



JOHNSON: Fine.


CHAIRMAN: Mr. Milhollin, Mr. Hoydysh, Mr. Bryen, please come up front.


Mr. Milhollin, we'll start with you, whenever your ready.


MILHOLLIN: Thank you very much. I'm pleased to be able to appear again before this distinguished committee. As you probably recall, I appeared before you back in 1997 to recommend that the NDAA process, which the committee spearheaded, be enacted into law. And I'm very proud to have participated in that -- in that process.


I'd like to make three points today. First, that the NDAA process has performed brilliantly -- I think that's what the GAO report establishes -- and that it should be preserved.


Second, I'd like to say that if the control level is raised for high performance computers next year to 6,500, which the president has announced he plans to do, it's virtually certain that at least 100 American high performance computers will go to military or mass destruction weapons sites in countries like India, China, Russia and Pakistan.


Third, the third point I want to make today is that the industry has shown no reason -- no reason -- why the control level should be changed. The present system is not a burden to industry, and there's no reason to think it will be in the future.


I'd like to invite the committee to consider what would happened had the NDAA process not come into effect. What would have happened had we had no NDAA process beginning in 1998? And I'd like to start by considering the case of the Digital Equipment Corporation. Digital has since been acquired by COMPAQ Computer Corporation.


Digital applied for permission in 1998 to sell a high performance computer to the Nuclear Power Corporation of India. The Nuclear Power Corporation of India runs a string of plutonium producing reactors. And that plutonium in India is available for atomic bombs because India is not a member of the Non-Proliferation Treaty. As we all know, India tested a number of nuclear weapons last year. This application was widely -- was wisely denied after being objected to by most federal agencies, if not all.


And so, I think the question for Digital and now for COMPAQ, is whether they would be happier today if that sale had gone through. Would COMPAQ or Digital be happier if its product was helping make plutonium in India? And that's what would have happened without the NDAA process.


Digital also applied for permission to sell a supercomputer to the Harbin (ph) Institute of Technology in China. The Harbin (ph) Institute is part of China's missile program. It makes rocket cases and other components for long-range missiles.


The application was denied after objections by the Arms Control and Disarmament Agency and the State Department. The question is, would Digital or COMPAQ be happier today if their equipment were helping China make long-range missiles. That's what would have happened had we had no NDAA process.


I've also mentioned a third case in my testimony. Digital also asked for permission to supply a high speed computer to the Weitzman (ph) Institute in Israel. The Weitzman (ph) Institute has always been part of nuclear -- India's -- I'm sorry -- of Israel's nuclear weapon effort. It does the research necessary to perfect the design of nuclear weapons. And so, we have the same question here. Would Digital be happier if that sale had gone through?


To sum these cases up, I think we can say that if we had not had the NDAA process, the COMPAQ Computer Corporation would now look out across the world and see machines made by a company that it just acquired operating at nuclear weapon and missile sites in Asia, South Asia and the Middle East. That's surely not something that COMPAQ wants to be known for.


And how much money are we talking about. The sale to India was valued at $250,000; the sale to China at $348,000; and the sale to Israel, quite a bit less than that. COMPAQ's annual revenue is $31 billion.


So if you're looking at things from the point of view of a CEO, you have to ask yourself, does it make sense for my $31 billion company to supply sites that are making nuclear weapons and long-range missiles in three areas of the world for a few hundred thousand dollars. And I think the answer is no. It doesn't make any business sense to do that.


Therefore, the CEO -- in my view -- the CEO of COMPAQ should be supporting the NDAA process. It should be sending representatives here the urge that the process be preserved in order to spare COMPAQ embarrassment over sales that really aren't worth very much.


The second case I'd like to talk about is Silicon Graphics. Silicon Graphics applied for permission to sell a high performance computer to India's Tata (ph) Institute of Fundamental Research. It's part of India's nuclear program. It's also on the British list of entities linked to mass destruction weapon programs. And it's also listed by our State Department as involved in nuclear or missile activities. This application, too, was blocked under the NDAA.


SGI also applied for permission to sell a high performance computer to India's Space Application Center. The center is part of India's rocket program. It was also listed by both the British and U.S. government as a site that is not safe to export to. And this application too was blocked after an objection by the Arms Control and Disarmament Agency.


For these two sales combined, SGI received about $500,000, or would have received had they gone through. Its annual revenue is $2.7 billion -- billion dollars. So again the question is, does it make sense for SGI to supply equipment to nuclear and missile sites in India for $500,000. And I think the answer is no. SGI ought to be pleased that the NDAA process prevented the sales from going out.


I'd like to also mention Sun, Sun Microsystems. Sun asked for permission to sell to the Indian Institute of Technology, which is helping develop India's biggest rockets. Those rockets will someday, if India persists in its present policy, those rockets will someday carry nuclear weapons to intercontinental range. That application was also blocked.


The second application from Sun was to Rafael (ph). Rafael (ph), helps make India's largest nuclear capable missile and also the re- entry vehicle that carries Israeli nuclear warheads. For those two sales, Sun would have received $52,000. Sun's annual revenue is $7 billion. Again, does it make business sense to supply products to these programs in exchange for what amounts to the price of one luxury automobile.


Why have I brought out the sales information? To make a simple point that the NDAA process helps exporters. It saves them from embarrassing sales which are not good business. These companies should be the first ones to be urging that the process be preserved.


In my testimony I've recommended to the committee that he invite the CEO's of these companies, of all companies whose sales were blocked by the NDAA process, to testify before this committee and to ask the CEO's whether they think it's better that these sales did not go out. If we agree that it was better that these sales not go out, these CEO's should go on record as supporting the present process. They should also endorse the request by this committee to the White House to rescind its plan to weaken the NDAA by changing the control level.


I think this is a very public service that this committee could perform, would be to call these companies in, call the CEO's in, and ask them whether they think the NDAA has protected them from mistaken sales in the past and whether it'll protect them in the future. And if they agree, then they should be willing to endorse the process and ask that it be preserved as it is.


Last point I'd like to make is that the process is working and it doesn't need to be fixed. There is no evidence that there will be an increased burden on industry next year if the process is not changed. Right now there's no burden on industry whatsoever, very little burden, an insignificant burden. We're asking industry to fill out a form and wait 10 days before shipping a computer.


Right now the process is producing about three to four applications or notifications per day. Even if the number of notifications doubled because of chip speed increases, as industry has contended, we would be looking at seven notifications per work day. The Commerce Department is now handling about 40 per work day. This is not going to make a significant difference in Commerce's workload.


Commerce could very easily handle any notifications produced by the present process if it remained at the same level for an additional year. If it did remain at the same level for additional -- for an additional year, it's certain that at least a hundred and probably more, U.S. supercomputers would not go to military and mass destruction weapons programs across the world. If the White House goes through with it's change in the process, that is exactly what will happen.


The last time industry predicted that the system was going to be overwhelmed was in 1995. The industry predicted that computers running at 7,000 MTOPS would be available by 1997, widely available in the world. That's still not true today. The industry was wrong in 1995 with its predictions, so why should we believe industry predictions now.


There is simply no evidence to support the idea that the system is going to be overwhelmed unless it is changed. The real question is whether there is foreign availability for high speed computers. I don't think the industry has proved its case that there is or that there will be. And the reason industry can't prove that is that it's all based on suppositions.


The most recent studies, that is actual studies that have been done on foreign availability, both show that there is no foreign availability for high performance computers. These are the real questions that have to be answered. That is, is there foreign availability and can you control computer exports with the present system. And industry isn't answering these questions because the answer to those questions is clear, and that is there is not foreign availability now and there's not likely to be in the future. And if there -- and we, the United States, can still control very easily the level of applications we can foresee during the next year if the present system is retained as it is.


Thank you very much.


CHAIRMAN: Thank you, Mr. Milhollin. Mr. Hoydysh, now if you'll pull the microphone a little closer to you before you start please.


HOYDYSH: And thank you, Mr. Chairman. I represent the Coalition -- Computer Coalition for Responsible Exports, and we would like to thank the committee for inviting us here to give our views on the proposed change in Tier Three computer export control threshold.


My testimony will focus on four key points. First, we believe that the proposed control threshold is entirely consistent with technology and competitive realities. And contrary to what Mr. Milhollin said, I think we will be able to demonstrate that there is substantial foreign availability of these products.

We also -- the second point we would like to make is that the proposed control threshold should be implemented immediately. Third point is, we think the six-month review period is too long. And fourth, we would like to extend -- rather we are prepared to work with the committee to develop a more responsive and effective export control system.


We're not here to abolish the NDAA process, we're here to try to make sure that it works and that it works in a streamlined fashion so that we can both protect national security and remain competitive in the real world.


Before I get to the specifics of my testimony, I want to make absolutely clear a couple of points. The companies represented by the coalition take their national security obligations very seriously. We fully support the need to protect national security and prevent the proliferation of weapons of mass destruction. And we fully support rational, responsive and effective export controls.


Now to the first of my points. The 6,500 MTOPS control level is fully consistent with technology and market realities. In the first instance, technology continues to advance at a dramatic pace. Over the past 12 months, the speed of microprocessors that are used in single processor and multiprocessor systems has increased by over 300 percent from somewhere on the order of 500 MTOPS to about 1,700 MTOPS, as just announced this week by the INTEL Corporation. These chips are designed to work in multiprocessor systems containing up to eight chips.


Another example is that in September of this year, Apple Computer introduced the first single processor PC that operates at over 2,000 MTOPS. In fact, it operates at about 2,700 MTOPS. Early next year, this same PC will operate at over 3,000 MTOPS. So we're halfway into the 6,500 level with a single processor PC. And just this week, IBM also announced a line of their Aptiva PC which operates with one processor over 2,000 MTOPS.


The reality is, we are rapidly approaching a world in which there will be no products below 2,000 MTOPS, no leading-edge PC or multiprocessor products.


Just to clarify one thing, and I think that we really need to make sure what we're talking about. These are not supercomputers. The committee knows that supercomputers are those kinds of products that you looked at -- I believe it was last week you had a hearing about a product sold at a computer show by the Energy Department. That computer operated, according to the Energy Department, 150,000 to 250,000 plus MTOPS. That's were supercomputers begin, not at 3,000 to 6,000, which is the PC and the ordinary server range.


These computers are, in fact, commodities. They are available in large quantities worldwide. A study by the Gartner Group projects that about five million of these boxes will be sold during the year 2000. This number does not include the hundreds of thousands, or possibly millions of single processor PC's which have just come on the market. When we commissioned the Gartner Study, we did not anticipate that these single processor machines would be on the market as quickly as they were.


And finally, possibly to the most important point, these computers are readily available from foreign manufacturers. Of the five million machines that'll be sold in the year 2000, over one million will be sold by foreign manufacturers, including companies from Japan, Germany, Taiwan and France. These are major, world-class companies that can fit any market void left by U.S. companies.


All you need to do is hook up your computer, get on the Internet and take a look at the web sites of Acer, which offers two and four processor machines that we're talking about; Comparex from Germany; Toshiba; Bull from France; Hitachi; Olivetti and NEC. And these are only the major companies. These companies can provide any number of these type of systems on 24-hours notice.


The second point is, we urge the committee to support making the new control threshold effective as soon as possible. By law this new Tier Three threshold cannot become effective until January 2000. This additional three-month delay will seriously affect the ability of our members to market commodity systems during the last quarter of this year, a time when sales volumes are traditionally heavy.


Our members who sell commodity products often sell them through distributors who then resell them to other distributors and ultimately to the final end user.


According to the regulations that are in place now, you cannot sell to a Tier Three country without identifying the ultimate end-user at that time of export. The marketing model used by many of our members simply do not allow this to happen. As a result, we have been forced to lose sales, curtail our activity in these areas; or, in some cases, dumb down our products by removing capability in order so that they fall below the threshold.


To underscore this competitive dilemma, let me just read the press release that was issued in Tokyo on August 24th by the Fujitsu Corporation. It says, Fujitsu today announced that it will be shipping 8-way upgradeable Intel Pentium III Xeon processors -- processor-based servers before Christmas. These are computers that have an MTOPS rating of 9,000, not the 6,500 that we're talking about. And you can find the same kind of statement on the press releases of all of these foreign companies.


The third point that I really would like to make is that we ask the committee to support a permanent reduction in the 6-month waiting period. We think that waiting a half a year before (OFF-MIKE) are implemented is simply too long. Six months is longer than the life cycle of many of our products. We note that Congress has a limit of 30 days for reviewing hardware military sales. And so we urge the committee to consider making this review process consistent with the 30-day military hardware review.


Finally, I would like to note that we are prepared to work with the administration and the Congress to develop a responsive and effective export control system that balances national security technology and competitive interests. In that regard, I would note that our industry's CEOs and members of the administration and members of Congress have had preliminary discussions on this topic under the auspices of Secretary Hamre. I understand that Congressman Weldon, who I don't believe is here right now, has played an important role in these discussions.


We are prepared to continue this dialogue or, perhaps I should say, trialogue, to make sure we get the export control system right.


Thank you very much. I'd be happy to answer any questions that you may have.


CHAIRMAN: Thank you, Mr. Hoydysh. (Inaudible) for us to recess the committee and to sound the gavel, we have a vote on the floor. The meeting will stand recess at the sound of the gavel.


(RECESS)


CHAIRMAN: The meeting will please come to order.


Mr. Hoydysh, you had completed your statement, is that correct?



HOYDYSH: Yes, I just wanted to point out to the committee one thing. We have a chart here that shows that the relative positioning of the foreign companies and the U.S. companies in terms of sales of these systems.


And I also wanted to make one final point. The systems that we're talking about are of this size and magnitude. This is a two- processor system; a four-processor system is not much bigger than this. And this is the Apple G-4 chip, which will have an MTOPS rating of over 3,000 by January.


So we're not talking about the computer that you folks talked about last week, which had to be brought out on a flatbed truck, as I understand it from reading the testimony. You don't need a flatbed truck to ship these around. You put them in an Airborne Express box and you ship them overseas or wherever in 24 hours. So, just to refocus on what is really a supercomputer. This is not a supercomputer.


CHAIRMAN: Thank you.


HOYDYSH: Thank you.


CHAIRMAN: Mr. Bryen.


BRYEN: Well, thank you, Mr. Chairman. I have a prepared statement. I think you copies of it. I would like to ask it be put in the record today


CHAIRMAN: The entire statement will be put in the record, sir.


BRYEN: Mr. Chairman, I'm batting clean-up today, as so I will try to summarize some of the aspects of my statement and also respond to my colleagues, if I can.


High performance computers, Mr. Chairman, are a vital element in United States industrial, economic, political and military leadership. The United States developed the first high performance computers -- and I, by the way, equate high performance and supercomputers as the same thing. And we continue to lead the world in the development of high performance computers, both hardware and software.


By the way, Mr. Chairman, if we are unrestrained in how we handle the export of such computers to what I would call dangerous countries, then we can only expect that our allies and friends who may also have these capabilities will do the -- will not be restrained, as well. And I think this is a terribly important issue and I hope it's one that the committee will keep in mind.


Now, my testimony focuses on the export of high performance computers where there is strategic risk involved. And there are a number of countries that are embarked on nuclear programs, have advanced missile developments underway. And, as you know, high performance computers play a vital role in assisting in the development of these modern weapon systems.


Now, I want to distinguish for the committee the difference between a high performance computer and a desktop computer. I want to make my position very clear. I don't think there's any purpose today in trying to control a desktop computer, even though all over the world use American processors. The fact is that the manufacture of these devices occurs, really, on a global basis. Quite a lot in Asia. In fact, I would guess that this one and many others are made are made in Asia. Many of the peripherals are made in Asia. So, trying to use expert controls for that kind of grid or item is simply not going to work. Can't be done.


I don't think there's any point in having an export control system that tilts at windmills. I think you have to have controls that make sense, that can be enforced and that protect our strategic interest.


So the next question obviously is, is there a difference between a high performance or a supercomputer and one of these things. I believe that there is significant difference. And it's not related just to this measurement which is called MTOPS -- millions of theoretical operations per second.


MTOPS, by the way, is an invention of the government. It's not a measurement that is used in industry. It replaced another invention of the government, which was called process data rater, PDR. Both of these measurements are extraordinarily confusing and neither of them, it seems to me, really measures what matters.


And one of the things that this committee can be very helpful on in working with industry, as Dan Hoydysh has offered, and I think it's a good offer, is coming up with formula to differentiate between the desktop and the super high performance computer, one that will then differentiate the export control mechanisms in place.


Let me just point out a few of the differences so the committee understands and has on record, because I don't think anyone has -- in all the debates that I've heard on the subject, this aspect has not been brought out, I think, clearly.


First of all, high performance computers have tens or hundreds of processors. Desktop machines mostly have one or two processors. Now, in the next few years, we'll see more four and eight processor desktop computers or server computers. But these still will fall short of the category that we normally think of as high performance computers.


Most high performance computers today, it has not always been true, but today are parallel processor machines. Most desktop machines, in fact, all of them as far as I know, are not parallel processor machines. Most of the advance work, for example, at the Department of Energy and at various universities that are working with the Department of Energy to develop nuclear codes and nuclear weapons, to develop new types of missiles, are parallel machines. Most of the software that's been developed for this purpose runs only on parallel machines.


I'm not worried about this, this little old machine. I'm worried about the big machine. Now, high performance computers, supercomputers feature very tight coupling between the processor -- that's the microprocessor, this device here -- and the memory in the machine. This tight coupling is something that you don't find in a desktop computer.


What that means in practical terms is that when you have a high performance computer, the memory can in real-time be addressed, the whole memory can be addressed, and very complex calculations can be run. You can't do it on one of these things.


Now the best high performance computers have random, non- interruptible communication between the machine's processor and memory; desktop machines have interrupts in their operating system. They don't have that kind of communication.


Now, there are other features, as well. But the main point that I want to make is that we can't just rely on this MTOP measurement to distinguish between the high performance machine and the not so high performance machine.


Second point I want to make is that what has to done here and what's really vital is to make sure that a potential adversary can't get hold of the machine and the kind of software that's needed on those machines, but will enable them to do advance nuclear research or build advance missile systems. It's a logical place to be, unfortunately our expert control regime right now addresses neither issue very well. In fact, I'd say it doesn't address them at all.


First of all, most of the software is readily available and is not export licensed, so that this software is flying around all over the world. There are conferences going on, supercomputer conferences, where all of this is being discussed. In fact, in this May, there will be one in Beijing, with heavy attendance from the United States, I might add, from some in the military. And these are just tremendous events in which scientist, including from the Chinese Academy of Sciences, which is well-known to be involved as Gary knows in nuclear research and development, military nuclear work.


I've been there. I visited that center in China. In fact, I was shown their nuclear accelerator. So I'm quite well aware of what they do.


And these kinds of conferences and meetings and exchange of information and the software that's being legally transferred is an area I have great concern about, and it's not being addressed by the expert control mechanism.


Second -- the second point I think that goes with that is that the current -- the current controls that have been proposed, no one has analyzed the impact that will have on the ability of a country like China to run that kind of software on the machines they have already acquired or that they will acquire, and to achieve the rapid prototyping of new -- new missiles and new weapons programs.


There's a very interesting article -- it's in my testimony today -- that appeared in the Hong Kong Standard just a week ago, where China announced that it had conducted laboratory simulations of a test launch of a multi-warhead intercontinental ballistic missile called the DF-41.


I don't know if you've seen that article, but as far as I know, no one has refuted the authenticity of the information, so I'm accepting it as valid. But the committee should ask the intelligence community to assess this and to assess it carefully, because what they're saying, basically, and let me read from the reporter's account.


She says: Many sources told her that the computer simulations of the launches of the solid-fuel Dong Fang-41, the DF-41 ICBM had been completed and proved successful.


This is the first time China has publicly acknowledged that it has the ability to simulate -- and I don't know how well they've done it, but they claim to have done it well -- to simulate the design of a new ballistic missile and nuclear weapon.


So if it's accurate and if it's true, we're seeing the first results of the transfer of supercomputers to China.


You know there's more 600 of them there that have gotten there since 1996. Before 1996 there were none.


And this is where the threat I think the future threat's coming from and this is where the problems coming from. There are many ways that supercomputers can help a country like China not only advance its nuclear programs and its missile programs, but to take it very hard for us to contend with it. We're talking in this country about building a missile defense. But if China can reduce fracture side of incoming multiple warhead, incoming nuclear warheads that may be aimed at the United States, if China can build better penetration aids using the supercomputers to design them, then we're in a lot of trouble because missile defense won't work.


So Mr. Chairman, the theme of what I have to say is that I would urge the committee -- I appreciate the work, the good work, that this committee has done, it's very important work in trying to get a hold of this problem -- but the current export control parameters simply don't do the job. And raising them higher without really studying this issue in a strategic sense, having a proper strategic analysis, is irresponsible. It's irresponsible by the administration, and it's really something that needs badly to be fixed.


So my conclusion is this: That before there's any change in these parameters, the committee should demand that -- I would propose a Joint Chiefs of Staff study, a Defense Department study, of the strategic implications of potential adversaries acquiring even more powerful supercomputers and how that will impact us, in particular in our ability to be able to field the missile defense system in the future.


And thank you for -- Mr. Chairman, for inviting me here today, and I'll be glad to answer your questions with my colleagues.


CHAIRMAN: Thank you, Mr. Bryen.


The chair recognizes the ranking member, Mr. Skelton.


SKELTON: I pass at this moment.


CHAIRMAN: The gentleman from Virginia, Mr. Bateman.


BATEMAN: Thank you, Mr. Chairman, and I thank the witnesses.


I find myself in the very, very unusual position for me when I have the benefit of hearing people with great expertise expound on the subject on which I had none. I'm somewhat perplexed with Mr. Johnson, I believe, and Dr. Milhollin telling us that we have no concerns, that no one in the foreign marketplace is going to be able to sell these high speed computers and therefore we don't need to regulate or that -- it's useless for us to regulate and control them.


On the other hand, I hear the opposite. Who am I supposed to believe on this? Is there a marketplace out there and in a number of other areas and companies in the world where a high-speed, high- performance computers will routinely be available, even if we were to continue to restrict the sale of them by American companies?


Is there a problem? Or is there another problem?


HOYDYSH: I guess I could take a crack at answering this.


There is clearly a market for the kinds of systems that we're talking about. And for the purposes of the threshold we're talking about, two- and four-processor systems, these are sold in the millions worldwide, and anywhere from 25 to 30 percent of the market is provided by foreign manufacturers.


And again, I have -- we have commissioned a study that looks at this.


There are industry -- there are firms that are in the business of cataloguing sales by U.S. and foreign companies that clearly substantiate this.


The companies that we are in competition with are large world- class companies, whether it's Fujitsu or NEC or Hitachi or Siemens or Olivetti -- all of them are capable of manufacturing this because the industry has moved to allowing -- or has actually the technology to where these can be assembled from commodity parts. There's no technological impediment for anybody with a modest amount of technical expertise to put one of these together by buying the boards on the open market and the chips on the open market.

What keeps people from getting into the business is a question of entrepreneurialships and economics. In order to sell these and make money, you have to have personnel, you have to have advertising, you have to have a service department.


But for someone -- whether it's the Chinese National Academy of Sciences or anyone else -- to buy a bunch of these boards and plug this in is a trivial exercise. So there is absolutely -- in our judgment -- a large market for these that can be supplied by foreign companies.


MILHOLLIN: Mr. Bateman, can I respond to that?


BATEMAN: I'd like for you to.


MILHOLLIN: I think that what we've just heard is -- I must say this with all due respect to my colleague -- quite misleading. It's not true that there are millions of computers available from foreign sources that operate above 2,000 MTOPS.


The most recent studies were done by GAO and by -- actually a group that the government commissioned to do several studies. They both found, I think within the last year or so, that there was no foreign availability in the ranges we're talking about, between 2,000 and 6,500, from companies that could supply in sufficient quantity and sufficient quality with sufficient backup so that a person -- so that a buyer would feel confident acquiring such a machine.


The industry is doing -- Mr. Hoydysh is making the same argument now the industry made in '95, which is to say that the sky hasn't fallen yet but it's just about to fall. We're just about to see a hoard of foreign assemblers who are going to take their little solder guns and they're going to buy all these parts, they're going to put them together, and they're going to bury our industry with competition.


It didn't happen the last time they predicted it, and I don't believe it's going to happen this time either, and I don't think there's any evidence that it will happen.



BATEMAN: Let me turn to another aspect in the testimony that puzzles me.


Dr. Bryen, you made reference to MTOPS being a manufactured term by the government, having no industrial or scientific basis.


BRYEN: Well, I didn't say it didn't have any basis. What I mean was that it is not a term that is commonly used as a measurement of performance by industry.


BATEMAN: And you criticized that as being the measure of what should be licensed as exportable.


BRYEN: Yes.


BATEMAN: Do you have another measure that you would advance as being the superior or the appropriate measure?


BRYEN: I think we need to include the other parameters. For example, one measurement -- and there's probably a good scientific way to put it, I'm not sure how to write the rule, but the rule has to do with the coupling of memory to the processor. This seems to be a very vital issue.


If the coupling was very tight and there's the ability of the processor to address all the memory at one time, then that's one kind of machine we have to be concerned with.


If the coupling is loose and can address the memory at once, then I think the machine is far less likely to prove problematic.


And as I said in my testimony, most of the -- most of the -- these kinds of machines that Dan has here -- he promised to give me this to take home, by the way -- most of the machines like this have very loose coupling of memory. And they don't really pose a strategic threat.


The Commerce Department could fix this whole problem in a minute. All they really have to do is to put a line in the regulations that says anything less than eight processors is not covered by these regulations, and the whole problem is solved.


From the industry point of view, they get to exploit these things which they think are getting out there in large numbers. I'm not going to say it's in the millions, but it's in large numbers in any case.

And that will satisfy I think a lot of their problem. And at the same time we can then focus on dealing with controlling the parallel processor supercomputers, which is the strategic problem. And it doesn't -- I don't understand why we haven't done that. I'm very frustrated about that, and I don't see why the Commerce Department and Defense can't get together on that and come up with a regulation that makes sense for everybody.


HOYDYSH: Congressman, I'd like to add one more thing. I just wanted to make clear for the record that my offer to give this to Dr. Bryen have nothing to do with his statement that he just made.


BATEMAN: Mr. Chairman, could I be indulged for one brief moment?


CHAIRMAN: You may.


BATEMAN: Mr. Hoydysh, you indicated that you are not advocating that we completely dispense with any of our regulations or control over supercomputers, and that we do need a rational program, but you apparently take issue with the rationale of the one that's in place.


Have you and industry sat down and undertaken to write what you thought would be the ideal regulatory regimen?


HOYDYSH: We have certainly been thinking a lot about it. And we have been discussing it among ourselves, and we've been discussing it with the executive branch and even with some members of Congress.


I think Steve is on the right track here. I think some of the elements that we have clearly identified as being part of the system is: You should not control what is not controllable. And so you have to look from the bottom up, you have to look at what are mass-market products, and I think Steve is on to something in terms of looking at the number of processors as one alternative.


One of the problems with the MTOPS rating is that the numbers have become so inflated that no one really understands what it is, but, by God, 6,000 is sure a lot of them. So it scares people.


So this is probably not the best method of looking at it. And maybe we even need to look at architecture, some of the other things that Steve looked at.


We clearly agree that from the top down we ought to be controlling the highest, most powerful computers available. And the things that you saw, that you talked about last week, which required the flatbed truck, was up in the 150,000, 200,000-plus, and that's an old computer.


So there are things -- the Deep Blue, Pacific Blue, from IBM and Silicon Graphics that have thousands of processors. We're not talking about that in any sense. We're talking about the products that are essential to make the Information Age work. These are the products that make the Internet work, that make all kind of commerce work, and that are in fact -- and I have to vehemently disagree with my friend, Mr. Milhollin here -- that these products are available. They are available from world-class companies, companies that are Fortune 100 companies, that have thousands of employees worldwide and produce thousands of products and make billions of dollars in revenue. There is no impediment to getting a two-processor or four-processor or even an eight-processor system from any of a dozen foreign manufacturers.


And we can document this, and we can document this with independent sources from the IDC Corporation and from Gartner and whatever. There are industry measures of this. These products are available and they're being sold now and they will be sold. And the GAO report that Mr. Milhollin refers to is something that was in 1997, and since that time, microprocessor speed has increased by 300 percent.


CHAIRMAN: The gentleman from Missouri, Mr. Skelton is recognized.


SKELTON: Let me ask: When did the industry first ask the White House to boost the threshold -- anybody?


HOYDYSH: This current...


SKELTON: Yes, if you know.


HOYDYSH: Well, we kind of asked for it on a continuous basis. I'm not sure that I could actually pinpoint a date for you. I don't know if anybody else maybe -- maybe -- I can't give you a date.


SKELTON: Now, one of the major problems is the time limit, am I correct, 180 days?


HOYDYSH: Right.


SKELTON: Now, if I want to go backwards and recite numbers from 180 down to zero, at what point would you raise your hand and say, "That's about right," the time limit.


Let me start with you, Mr. Milhollin.


MILHOLLIN: I think the time limit of -- you're talking about the time limit for...


(CROSSTALK)


SKELTON: Yes, that's correct.


MILHOLLIN: I'm fairly happy with the present system.


SKELTON: All right, Mr. Hoydysh.


HOYDYSH: I would say we prefer 30 days, but let me just expand on that. I think that we have to start thinking about doing what we're doing not in serial fashion, like the old computers, but in parallel.


There's no reason why information cannot be presented to the committee by the administration, by the GAO, by us, on a continuing basis so that we don't have to wait for a decision, let me know for a report, let me write something else.


Of the 180 days that we are -- or six months, half a year, that we are waiting, most of the time is dead time when nothing much is happening.


So I think that we can significantly reduce the time period and still get the information to you that you need to review this.


SKELTON: Mr. Bryen.


BRYEN: Well, I think there's two issues. One is that 180 days I think is a good timeframe if we're dealing with really true high- performance computers. It's a bad timeframe if we're dealing with these small processor machines.


So if you make a distinction between the two, then you need to change the rule, which I think the problem goes away.


SKELTON: Thank you.


CHAIRMAN: Ms. Fowler is recognized.


FOWLER: Thank you, Mr. Chairman.


I want to thank the gentleman for being here. Mr. Skelton was getting -- my question I had because I've heard different timeframes floating around. I met with some industry people last week, and they said, well, they preferred 30 days, they could live with 60 days, but 180 is too long, you know, in trying to find some compromise here.


Because I think what we're all looking at is to come up with something that protects our national security but is not doing harm to our computer industry and to the valid need to sell the ones that are readily available.


And there doesn't seem to be anyone out there that's keeping real good track of how readily available are some of these, and, you know, all sorts of numbers that float around.


And then -- and none of you really answered his question, which he was trying to get at as to what the days would be unless we change it.


So I would just like to ask you: What factors -- what the response will be of reviewing the administration's proposed change and what was put into the fiscal year in '98 defense bill on notification? What factors should be looking at? How did you assess the importance of each of those factors? Should we be insisting on any safeguards as a condition of agreeing to any proposed threshold changes? If so, what should they be?


Because this train is moving down the station and we need to, you know, somehow work out a system that's going to work. And I'm very concerned that we aren't coming towards that. I would appreciate some of your expertise.

MILHOLLIN: If I might -- again, I would say that the first factor that Congress should look is whether the government can actually control the flow of notifications that is presently coming in and is likely to come in if the present control level is kept as it is or it's changed to some other level.


I mean, the ability of the government to process this paper and to make decisions is a vital consideration. Mr. Hoydysh says that controllability should be the main question, and I agree, it should be.


And the real question of controllability is: Can the Commerce Department and the other agencies process this information?


Now, DOE, I think, is processing around 10,000 to 12,000 applications a year. The GAO has just established that this new process, the NDAA process, is generating less than 1,000 a year.


So we're looking at something than a 10 percent increase in the work load.


So far I haven't heard anybody say that that's not doable.


The second criterion I think you should look at is: What difference does it make? What impact will it have on foreign programs if we don't control or if we move the level to some other level?


In my testimony I have cited a report by DOE which found that -- it's a recent report by DOE -- which found that computers operating at about 4,000 MTOPS would directly aid the nuclear weapon design efforts today of India, Pakistan and China, and would aid China most of all.


So if we're talking about what level of computing power is important strategically, the DOE has given us a number. They say around 4,000 would aid these nuclear weapons missile programs.


So those are two criteria I think that the Congress and the committee ought to look at very carefully: controllability, by virtue of government work; and second, the impact of letting these computers go out with control.


FOWLER: Does anyone else have any comment on this?


BRYEN: Yes, thank you.


I think it would be reckless to agree to any change in the parameters without receiving with that proposed change a strategic analysis of its impact. And there isn't any. There simply isn't any. No one's done it.


And by that I mean, what's the impact on -- particularly China, I'm very concerned about China -- from a nuclear defense point of view, what's the impact? What does that mean as a practical matter? We don't have that kind of analysis. I don't see how you can then raise the threshold, and I don't understand how the administration could even dream up changing the numbers, because it's -- it has no grounding in any reality. It's simply taking a number -- you know, take a number, take any number and bet on this. And that's a crazy way to do business.


I don't think that -- Dan represents a group for responsible computing. They don't want to be in an irresponsible position.


I really believe that industry follows the flag on these things. They want to do things that are responsible, that are right. And where we're being put is in a situation where we don't know. So I would say the answer to the question is that we have to demand such a study before anything is done.


HOYDYSH: I would like to respond to your question about the time period. In the first instance, what we would like to say is the current threshold proposal can be implemented as quickly as possible, without dealing with the question of a permanent change to the thing. And that can be done by a one-time waiver of some kind. So what we need to have is this implemented immediately.


The problem that Dr. Gary Milhollin refers to all the time about the volume -- we are not seeing the volumes in some of the product sales that we have in terms of asking for approvals, because as I stated earlier, the Apple Corporation, for example, cannot market its products effectively the way -- through its business model -- selling to distributors and then to third parties and ultimately to the end- user. So they are simply foregoing sales into Tier Three until this threshold is raised. And that amounts to tens of thousands of units over this last quarter.


So the first thing we'd like to do is see the change immediately. Then we would like to see if there is a way of shortening the permanent review period because during a six-month period, we -- we did not anticipate that the Apple machine would be ready in this time period, and it came on the market during the six-month hiatus. So we would like to see if there's a way we could streamline this process by providing the information sooner by engaging in discussions -- whatever it is -- so that you would have the information you needed to review it, but it wouldn't take six months worth of wait.



FOWLER: Thank you, Mr. Chairman, thank you.


CHAIRMAN: The gentleman from Mississippi, Mr. Taylor, is recognized.


TAYLOR: Thank you, Mr. Chairman. And I -- I do appreciate you all being here. I've got to admit a very strong sense of skepticism. I remember very vividly sitting on the House floor when a former colleague from California was passing around a letter saying that we needed to allow a company to launch telecommunications satellites over in China. And I remember in that letter were some assurances that nothing can possibly go wrong; that we're going to watch it every step of the way. And it was signed -- I did not sign it -- but by Republicans and Democrats alike. Of course, that's where the Hughes- Loral snafu that gave the Chinese just an incredible amount of information came from.


I hear the testimony of a few of you that says we've got to do it or someone else will. As I was listening to that, I turned to my colleague from Hawaii and said: At what point does industry come to us and say fill in the blank, we've got to sell nuclear weapons because if we don't, somebody else will and there's 15 other countries out there that know how to do it.


I mean, where do you draw the line? We spend $53 billion today trying to defend ourselves from other people's missiles. Why would we want to make it easier for other people to develop them? And I'm asking this as a question. I'll give you an opportunity to respond. Tell me why I'm wrong and why you're right. Mr. Hoydysh?


HOYDYSH: Well, Congressman, let me try to answer the question. I mean, I don't think anybody on our coalition wants to sell nuclear weapons. And certainly we don't want to help anyone design nuclear weapons. In fact, we cannot even sell a pencil to an entity in Tier Three countries if we know that it will be used to develop nuclear weapons or weapons of mass destruction. We cannot come in with even the lowest level of computer, and somebody said "I have this nuclear weapons lab but these are (inaudible) computers; help me hook them up." We can't do that and we wouldn't do that. So first of all, we have no interest in doing that.


The real question that has to be asked, and I grant that the answer is complicated and it's a difficult question is: At what point does restricting our sales of these commercially available, low-end computers hurt us more than it protects national security? Because we depend -- our national security depends on the technological superiority of our computer industry and our other high-tech industries. And the fact is that technological superiority is derived from profit, which is poured back into R&D, which creates new products. If you break that cycle, you risk damaging the computer industry and other high-tech industries, and you risk in the long term eroding our technological superiority.


Now where you draw that line and where the balance is, that's a difficult thing. But you have to understand that when you're selling this and if we make a profit, it is in our interest. You know, at what point do the restrictions end up hurting us more than helping us. And I think that's the key that has to be looked at and that's where we are all struggling with. We think the line where it is drawn now helps us more than hurts us.


BRYEN: Could I respond?


TAYLOR: Dr. Bryen.


BRYEN: Thank you. First of all, I think what you said is right on. I couldn't agree with you more. I really -- I think there's some confusion. You don't balance national security with competitive interests. National security is fundamental. Competitive interests are not fundamental. They're important, but not fundamental. If you're dead, competitive interests won't help you much. You have to be sensible here.


And the second point is if industry is sincere about this, there's an easy solution. All they have to do is accept the difference between a high performance computer which can hurt you, and a small machine which won't bother you. And the committee can be helpful here in a very simple way. All the committee has to tell the administration is we won't approve changing the threshold, and you can solve the problem of the small machines by writing an exception in the regulations. It's a simple exception.


These functions are not a strategic threat -- not a significant strategic threat. The high-performance computers, the parallel processing machines are a strategic threat. That's what you design nuclear weapons with. That's what you design multiple reentry warheads with. That's what you design new generations of missiles with. That's why you break crypto-codes with. Those are just some examples. What you design germ warfare with.


I mean, these are the kind of machines that can really cause great difficulty, and we're seeing evidence that the first wave of transfers of high performance computers over the past three years is causing that kind of problem already. It's very important for this committee to respond, and I think -- and as I said in response to an earlier question, we must have a strategic study. The administration has to prove that these increases are not harmful to national security, and they haven't done so. There is no Defense Department study -- none has been done. It simply doesn't exist. And that's crazy.


TAYLOR: Mr. Milhollin?

MILHOLLIN: I would like to respond as well. I think that's an excellent question and I think it puts its -- it shows a very perceptive understanding of a process that we've been dealing with for a long time. Here's how I see it. What we're really doing in these cases where we allow imprudent exports is that we're competing against ourselves. Taxpayer dollars are used to develop the high-tech equipment that we're not -- that we're now concerned with. Taxpayer dollars are used to develop high-speed computers -- always have been -- along with many, many other defense items.


So after receiving these taxpayer dollars, the industry develops a high-end product then it comes in and argues to Congress that in order to stay competitive, it ought to be able to sell those products to foreign countries. Congress says yes. The products are then sold to foreign countries. And then we hear that we're not as far ahead of those foreign countries militarily as we should be. And so the industry comes in and says: Well, we need even more money to build even higher tech products so we can maintain our advantage. What happens is the tax dollars are being spent to compete against ourselves.


We know that nuclear weapons have been manufactured in the tens of thousands. There are probably more nuclear weapons than there are high-speed computers, if we follow the industry's definition. Does that mean nuclear weapons are a mass market item, and uncontrollable because, as you've pointed out, other countries also manufacture them? Under the industry's logic, we should simply decontrol nuclear weapons because there are just so many of them, we can't keep track of them and we know other countries are making them.


I think that the industry ought to be happy with the NDAA process because in exchange for waiting 10 days, the government tells industry: Look, this product is going to help make a nuclear weapon or a ballistic missile in a foreign country. The industry gets that for free. The government provides a free bureaucrat to keep the industry out of trouble. But the industry keeps arguing that they don't want to know. They don't want to wait that 10 days. They don't want to find out that their product is going to a missile site or a nuclear site. They just want to decontrol.


I can't remember a time when industry wasn't arguing that whatever system we had was too restrictive, to answer a previous question. I've been working on export controls for a long time. I asked a bunch of industry people one day to give me a list of things that they thought were really important, and they had never thought about it. Whatever it is -- whatever is being controlled, they want to -- they're against. They want that control to be dropped. I think it's as simple as that. And I don't think that's a responsible position. And I think we do have a system that allows them to find out where the dangers are, and I just don't understand why they don't support it.


CHAIRMAN: The gentleman from Indiana, Mr. Hill, is recognized.


HILL: Thank you, Mr. Chairman. Mr. Milhollin, you made -- went through a series of examples of companies that orders were canceled or not authorized. And then you went on to make the statement that just because they have done that doesn't mean the rules as relates to the NDAA process should be changed. Could you kind of expand upon that and tell me what your line of thinking was there?


CHAIRMAN: Mr. Milhollin.


MILHOLLIN: The idea is that is you look at the GAO report, you see that about 85 cases were blocked -- either denied or returned without action. If you add up the -- if you add up the value of those cases, I think you come out to something like maybe $30 million or $50 million. I recommend that the committee ask the GAO to total them. And my point was that that's a very small amount of money compared to the billions of dollars that the computer industry takes in. And that it's a good deal. That is, for giving up the insignificant amount of sales, the companies are avoiding having their products go to the wrong places. And that was my point.


HILL: But I guess my question to you is is -- you made the statement that just because those sales were not authorized, that that does not mean that we should change the rules of the NDAA...


MILHOLLIN: Oh, my point is that if we know that with the present level of control, we stopped 85 machines that should not have gone out, if we raise the level to 6,500 we have to -- we can be virtually certain that at least that many machines will be stopped next year, and won't go to missile and nuclear and other sites that we would prefer for them not to go to.


And so I think that the fact that we stopped those machines is an argument for keeping the level where it is.


HILL: Are you saying then that if we raise the threshold that there will not be enough people to analyze whether or not those sales ought to be authorized?


MILHOLLIN: No, I'm saying that if we raise the level to 6,500, there's no evidence that we couldn't -- that the people we now have could not handle the workload. It seems to me that they probably could. The current workload increase for them is about 10 percent with the present level. Even if they get a doubling of the increase in the workload, that would only be a 20 percent increase in the workload. And I haven't -- I'm not aware that we couldn't handle that.


I hope I've answered your question.


HILL: Well, you have, but not to your advantage, it seems to me. It seems to me that if they can handle the workload by an increased threshold, why shouldn't be go ahead and do it?


MILHOLLIN: Well the point is that -- the industry's arguing that unless we increase the threshold, we're going to be swamped. Well -- I'm sorry, what I'm arguing is that we can keep the threshold where it is and handle the increased workload. But even if the workload -- because chips increase in power and the workload doubles next year if we keep the level where it is now, we'll be able to handle it. That's my point.


HILL: OK. Thank you, Mr. Chairman.


CHAIRMAN: The gentleman from Hawaii, Mr. Abercrombie.


ABERCROMBIE: Thank you very much, Mr. Chairman. Gentlemen, I was kindly -- a kind reference was made to me by my colleague -- about me by my colleague, Mr. Taylor, and I have to return the compliment by -- when he said to me at one point during this discussion -- he said: This reminds me of somebody standing up and saying we're for responsible binge drinking.


(LAUGHTER)


And I have to agree with that. I have a great deal of difficulty in understanding how we're supposed to put forward additional billions and billions and billions of dollars for a national missile defense to defend against weapons that in great measure -- at least in some appreciable measure are going to be constructed by those to whom we have sold the technology that enables them to build these weapons. I don't understand the logic of it. I understand the logic of greed. And I don't mean that personally against anybody because I think it's worse than that. If it's personal greed, you can dismiss it. You just say it's a human failing.


But what I see happening here is institutional and programmatic, and a deliberate policy of the United States of America. And that is something that I think needs our attention, Mr. Chairman. I can't say it in any more severe terms than that. I don't want to personalize this. I'm not looking for villains. I don't have to look further than the institutional network that we're looking at to find a villain.


I believe, Mr. Chairman, that government is an instrument of our will, and if we fail to exercise our will in a responsible way, in this instance we're going to be -- we'll have only ourselves to blame.


Now having said that, Mr. Hoydysh is wondering: Oh God, what's he going to ask me?


(LAUGHTER)


I hope you will accept my point, Mr. Hoydysh, that I see this in institutional terms, not in any personal terms. I don't attribute any -- a base motive to your presentation whatsoever. When -- and I'm pulling this out of context, but not to cause you difficulty, the necessity of remaining competitive in the real world -- are you speaking in a illustrative sense about what the real world is? Surely you don't mean to contend that what I just cited as weapons that may be used against us are constructed at least in part from what we might give them technologically speaking is not real -- is theoretical or hypothetical?


HOYDYSH: Congressman, I'm not in any sense suggesting that we give any potential enemies any technology, any information that would substantially enhance their capability to do us damage. What I am suggesting is that the export control system that we have in place now does not work well, and I agree with Dr. Bryen that -- what we are talking about are the low-end of the spectrum, which is not of concern. Dr. Bryen is in many cases on the opposite site from where industry is -- we agree on this.


ABERCROMBIE: Let me ask you this, then. Do you agree with Dr. Bryan -- because that was going to be my next point and my final point on this -- do you agree with Dr. Bryen that there were some relatively direct -- I won't say simple because things are never simple and the simpler they are, probably the more difficult the consequences to deal with -- were some rather direct or (inaudible) -type language that this could be solved at this lower level?


HOYDYSH: At first blush it appears that there might be a solution along the lines that Dr. Bryen...


ABERCROMBIE: Let me ask Dr. Bryen...


HOYDYSH: But again, like you said, it is -- you'd have to look very carefully at exactly the implications for the industry to make sure that there are no competitive disadvantages.


ABERCROMBIE: All right. Mr. Hoydysh, I haven't the slightest doubt that there will be a real close (inaudible) there is any competitive disadvantages. I don't think that's going to be a problem.


Dr. Bryen, do you in fact have language or have you thought about language or asked someone with some legislative experience to put together language that would address the commerce questions that you raised? Because you did take a position, if I understood you correctly, that you didn't feel that from a policy point of view this was that difficult to deal with if we're all operating on the level.



BRYEN: I haven't drafted any language. I think I could very quickly. I certainly could work with the committee staff to do that. The regulatory language is really very simple. I mean, all you need to write on the rule is an exception that says any machine of less than eight processors is not controlled under this rule. Period. It solves the problem...


ABERCROMBIE: Mr. Milhollin, do you think that that is at least a useful exercise to undertake?


MILHOLLIN: I think that before we amend the rules to provide that kind of an exception, we have to -- I think we should do the other thing that Dr. Bryen recommends, which is to make a strategic assessment of the impact of such a change.


ABERCROMBIE: Well, I'm all for that,


MILHOLLIN: But on -- on foreign recipients of our computer technology...


ABERCROMBIE: OK.


MILHOLLIN: ... I would have to sit down and be convinced that this change would not put in the hands of people we don't want to have them high-speed machines.


ABERCROMBIE: Mr. Chairman, I suggest that those two points are something that we could use in the immediate future the question of strategic assessment and the question of whether or not having done that, whether or not there is language that could be usefully be put forward by this committee to help resolve at least this portion of the overall question.


And I want to conclude, Mr. Chairman, by saying I see very close parallels to the encryption question as well and the marketing of encryption.


CHAIRMAN: I thank the gentleman for his advice, and we will follow through.


ABERCROMBIE: Thank you.


CHAIRMAN: Let me say to both the witnesses and the two members that are left, we have a vote in about 10, 15 minutes, so if we can be brief in our questions and direct in our answers, we can maybe finish before we have to come back.

The lady from California, Ms. Tauscher is recognized.


TAUSCHER: Thank you, Mr. Chairman. I'm glad we've gotten to a place where we can talk some resolutions as opposed to the kind of troublesome -- well I feel when the nature of the relationship between the competitive forces and the companies that predominantly work in my district in the high-technology business, and their integrity and their patriotism are questioned, and the ability to try to be competitive.


I think it's important that we discuss what Dr. Bryen has suggested. I have been concerned for a very long time, as someone that came here from private industry and represents the district where Silicon Valley sleeps and the home of two national security labs, that MTOPS is something that no one ever looked at as a measurement; that MTOPS was something that is esoteric and specifically a government invention, and is not something that is nationally or internationally known as the things that you might look at to decide if this thing's going to hurt us or not.


So I do think it is important for us to look at the opportunity to have definitional terms that people will understand -- that is not only industry-based, but has a relevance in national security; that we understand we're talking donuts and donuts and holes and holes.


UNKNOWN: And apples and apples. Right.


TAUSCHER: So I would encourage, Mr. Chairman, our committee to look at that. I would also encourage the opportunity for us to look for some very simple language that will alleviate the redressing on a constant basis of the moving target. We obviously have a nano-second life cycle in many of these processor businesses, and I think that if we can come to some simple understanding over a short band-width of time about what's good and what's bad, and at the same time we have got to have some understanding, once and for all, which haven't accomplished today, as to what is available worldwide.


You know, Japan has a ban against selling high-performance computers to two or three countries and we know it's a farce. We know that many times, Japanese companies assemble their computers in China. And you know, some of them are high-performance computers. So are you meant to suggest to me that what they're assembling in China isn't left on that shore, and that there isn't availability there? What do we do about the distribution channels that are becoming not a specialty, but a norm for the computer and the PC business, and their worldwide distribution capabilities? How do you prevent a company from saying, well, you know, I'm not in that business. I make them. I don't sell them. And how do you control distribution?


Dr. Bryen?


BRYEN: I think what you say is very constructive. I'd like to comment for a minute on Japan and also on the U.S. Japan has -- I was involved with Japan on many levels for many years, including the famous case called the Toshiba case, which I uncovered and prosecuted, I guess, is the right word. But I have a high level of confidence that the Japanese government will do the right thing if they understand what the right thing is.


TAUSCHER: Right.


BRYEN: And right now the problem is they don't understand what the right thing is because we don't...


TAUSCHER: We don't either.


BRYEN: ... we don't seem to be able to articulate it, and we keep changing the rules. We tore up the supercomputer agreement we had with Japan unilaterally -- threw it in the trash, I might add. I've never seen anything more reckless in my life and I don't understand why we did it. So we need to get global cooperation. You can't do this by yourself. And the way you get it is to show leadership and to show responsibility, and I really think that's very important.


I'd like to also comment a little bit about Silicon Valley in California. The pace of technological change and inventiveness is -- it's terribly important to our economy. It's vital to our national security. And I think we all have to take our hats off and say that this is part of a new variable in our economy. We have to understand that.


At the same time, California is one of those places that is under the most direct threat from hostile missile attack, let's say from China. That's -- Mr. Hunter knows that. We know that. And so we have to be careful here. And so -- what I'm trying to suggest is that these supercomputer controls have a lot to do with the ability of a country like China to attack us in the future. So we've got to take this really seriously. We need that strategic study. We've got to have it. And it has to be done right.


TAUSCHER: And we have to have a definitional agreement on what an apple looks like; what a donut looks like.


BRYEN: Absolutely. That's what I'm suggesting.


TAUSCHER: And we have to, I believe, also be very aggressive about making sure that on a timely basis, we here on the legislative side and the executive branch and our security people and certainly the industry come together, not episodically, but regularly so that we are dealing with the vagaries of competition and the kinds of technology advances that happen quite outside of our control, so that we can be appropriate about what we're doing.


BRYEN: And I -- you know, I'm a strict constructionist when it comes to export controls. I'm well known for it. But I don't believe in cutting off your nose to spite your face. And so I think we need to change the controls, and I've said that. But another -- we need to tighten them up some, particularly in areas like software that's being developed for nuclear weapons. It's very sensitive and right now we don't have any export controls on it. It's all just disappearing -- let's put it that way. Whoa -- we're getting ourselves in a lot of trouble. We're getting ourselves in a lot of trouble. We can avoid that.

And it doesn't have any economic impact. It doesn't have -- Apple could are less, you know, or IBM or whatever. It's -- the issue is getting a responsible export control program that the members of Congress can defend, which the administration can defend, and which they can sell to our allies.


TAUSCHER: Yes.


BRYEN: And I think if we have something that's coherent to our allies, they'll go along with it. They've done it before. They didn't like it, but they did it. And I think we'll get the cooperation we need to have.


TAUSCHER: Mr. Hoydysh, I would assume that the business community would be very interested in participating in a very aggressive...


HOYDYSH: Absolutely. I mean, we've made the offer and the offer's still on the table. We will work with the administration, with the Congress, to develop something that is responsive and that's rational and that works.


TAUSCHER: Thank you, Mr. Chairman.


CHAIRMAN: The gentleman from California, Mr. Hunter.


HUNTER: Thank you, Mr. Chairman -- appreciate it. I apologize to all of our witnesses for being here -- only catching a part of the hearing. But Dr. Bryen, we've worked a lot in the past. I want to applaud you for all of your work as a guy whose worked in government, often against the tide, and against the political tide to do what's right for the country.


Mr. Milhollin, I've always regarded you as kind of a national treasure. You've -- you're a good honest broker who kind of holds our feet to the fire, and thank you. You represent the best of what we have to offer in this country in terms of an organization that comes in offers commentary and positions that would have no economic interest behind them, but do have an important national security interest. Thanks for being with us.


And a couple of things have come out that I think need to be addressed. One is the old argument of foreign availability, which has always been thrown up as a justification for lowering the gates and letting the rest of the horses out of the barn. Often we've found, whether you're talking about the French pipeline -- of how the French were going to build the gas pipeline for the then-Soviet Union and they could do it with all the technology that we had, and we ended up discovering that in fact the protestations of foreign availability weren't as accurate as they had been. And that's been kind of a historic thing. It's a simple thing to say: Everybody else does it, therefore we should be able to do it.


With respect to supercomputers, foreign manufacturers of supercomputers -- how many of them have a policy of selling to Tier Three countries? I think that's an important question. If you gentlemen could answer that one -- how many of them have a policy of selling to Tier Three countries?


Secondly, Dr. Bryen, it appears to me that we need to have a high-tech COCOM, if you will -- another COCOM. This idea -- and I agree we have to show leadership because if we don't show it, the game's over. This thing's going to have a cascading effect and everybody will rush off to sell Winchesters to the (inaudible) as fast as they can.


But how do we put that together? Do you think there's a need for that? How do we put it together and what are reasonable parameters for that? How would it differ from the old Cold War COCOM that we had?


So gentlemen, if you could -- and lastly, end-use on supercomputers -- during one 12-month stretch of the 160-some supercomputers that went to China, they allowed us to check end-use of precisely one. Now unless that changes, does it make sense to continue to allow the continuation of those transactions, because obviously that's not what this Congress had in mind.


We want to check the end-use because end-use is so fragile to begin with -- the idea that a nation that has an interest to use a supercomputer is going to develop a nuclear weapon with it, will tell you that it's going to the weather service. That's a fragile -- that's a fragile position to begin with. And the idea then that we take their word for it, when they don't even allow us to go to the weather service and see if it's there, enters the realm of a total fiction.


So three questions. Thank you.


BRYEN: Want me to start?


HUNTER: Dr. Bryen, can you start?


BRYEN: Let me...


HUNTER: The first one was -- go ahead.


BRYEN: ... well I'm not sure whether I'm going to do this or...


(LAUGHTER)


HUNTER: Well, the first one -- the foreign availability -- how many countries ship to -- foreign manufacturers of supercomputers now have a policy of shipping to two or three nations.


BRYEN: I think -- of course this all depends on what you want to call a supercomputer. If you're talking about power processing machines, which is what I'm primarily concerned with in terms of countries like China, and China's one of the biggest customers for these kind of machines these days, we ship most of them. We ship most of them. There aren't that many countries that make them, anyhow. There's some in Germany; there's a few in England, Japan. But most of them are made here. So I think to the extent that the evidence is publicly available, we're -- this is -- this whole thing is principally an American problem, from just about any angle you look at it.


HUNTER: But I mean that goes right to foreign availability. Japan has a policy now of not shipping supercomputers to China, does it not?


BRYEN: That's right.


HUNTER: And Mr. Johnson did a study on that a little while back -- GAO did a study, I believe, on foreign manufacturers so you may want to give us a...


JOHNSON: What we found about a year...


HUNTER: Excuse me.


JOHNSON: ... what we found about a year and a half ago is that only Germany had sold high-performance computers to Tier Three countries. Japan, the UK -- neither one had sold to Tier Three countries. And Germany and Japan and the UK all have export controls similar to what we have. But you're right, we do need a COCOM arrangement for that.


BRYEN: Coming back to the COCOM arrangement, you could start by taking the supercomputer agreement that was trashed by the administration and revise it and expand it to the other countries that make such machines. There's only two others. So three countries could join in an agreement and it wouldn't be very taxing on the other countries because as Mr. Johnson has said, they're not shipping them anyway for the most part.


So it's really an American problem. If we want to do this, we can do it. Yes, we do need to have -- in the future we do need to have something like COCOM. COCOM was very effective. I worked for many years. Dan worked for many years on that as well. We were very familiar. And he used to work in the administration before he went to industry and...


HUNTER: Mr. Hoydysh?


BRYEN: He has two hats, as I do, and we know it can work, and we know that we can make -- I think that everyone who's analyzed the results of that process, particularly with respect to the then-Soviet Union, and who's looked at the technology base and what we achieved, it was quite successful.


We have to do it in a different dimension now, because the problem's different, but I think your suggestion is well taken and it's important to do it.


Now you made one other point that I want to come to is end use, an end user. In China, literally all the supercomputers that are there from what we understand are in networks.


There's about ten major networks that we know about in China. That means that a machine at a Chinese toy factory, if it's a supercomputer, can be used by a military research institute to carry out calculations on a new weapons system. So when you check end use, it's unlike a machine tool, because with a machine tool, we put it in a place and it cuts metal for a specific purpose and you can look at the parts and you know what comes out the other end. But with a computer in a network, it could be almost anywhere. And so I'm not real convinced that end use is the whole -- I mean, the Chinese have been very difficult about it, as is well known, because they don't want us looking at their operations.


But I think you have to assume that any machine that you let go to a country like China is going to be used for whatever national security priority the Chinese may have, whatever defense priority they may have, including the nuclear programs.



HUNTER: Do you think the benign use theory that we operate under is invalid?


BRYEN: Yes, sir. I think it's a mythology. And the whole differentiation between military and civilian in a country like China is meaningless.


HUNTER: OK. Maybe Mr. Hoydysh could tell us whether or not he trusts them and thinks everything's fine or maybe we should...


HOYDYSH: Let me answer some of your questions. But first I'd like to say you had complimented Dr. Bryen for working against the tide when he was in the administration. I'm here to tell you that Dr. Bryen was the tide.


(LAUGHTER)


The rest of us were working against the tide. I guess I would like to clarify just one thing. In fact, if you can leave here with one understanding, what we are talking about, the reforms that we want implemented have nothing to do with supercomputers. Supercomputers are a thing you talked about last week. We took a flatbed truck to drive it from wherever it was to California into that warehouse. That is a supercomputer. And I think Steve agrees with me. Supercomputers have hundreds of processors. They are massively parallel machines that are used for specific number crunching. These are not supercomputers that we are talking about.


Now maybe we have a problem with how do you define that or whether we transfer MTOPS into something else, but I think if you get beyond the differences of definition and maybe the misunderstandings, that there is absolutely no disagreement between what Steve has said and between what I've been saying here this morning -- that eight processors and below, however you measure them, are basically commercial, mass market systems. Above that we're into a different realm and different rules would have to apply, and we'd have to look at how they are actually used.


HUNTER: How do you define a supercomputer in terms of MTOPS?


HOYDYSH: I would define a supercomputer starting from the top down. I would look at the machines, the 500 most powerful machines in the world. And we're talking about MTOPS in the hundreds of thousands of range.


HUNTER: Well, that's how you would define it. If it's not hundreds of thousands, then it's not a supercomputer.


HOYDYSH: If it's -- if you have to use MTOPS, I would say that the supercomputers begin somewhere above 50,000, 100,000, something in that category. There's no precise boundary for it.


HUNTER: In that case, why is that the Japanese have been established -- the Japanese have a policy of not selling computers of certain performance to China? What is it that the Japanese feel it's not in their interest to sell to China?


HOYDYSH: I don't know. I don't know as a fact.


HUNTER: (OFF-MIKE)


HOYDYSH: I would guess that it does not apply to the boxes that we are talking about.


HUNTER: Let me tell you, Mr. Hoydysh, and I know I've got to go. But we've heard what is known -- what I call the old gym socks argument, made on the House floor a lot of times. It's always that all we want to do is let old gym socks be sold to these foreign countries, and these dumb old congressmen won't even let old gym socks be sold to these foreign countries. And it always ends up that it ain't old gym socks that they want, because they obviously can make them themselves or get them lots of other places.


Inevitably, what they want is something just as is the same in all human experience, that you can't get somewhere else. So, my impression of this thing is that one thing that I've always felt to be a fairly solid proposition is, you don't have to give people the absolute cream of the crop, top of the line to help their military operations. We just made that mistake with Pakistan and India. We've discovered now they've detonated mid-level nuclear weapons using our published material, because we were so stupid, we never thought somebody would want to make a crude nuclear weapon. We thought they'd only want to make a top of the line nuclear weapon.


So, I think this is a fairly complex area with respect to whether or not the system that you said, hey, it's old gym socks, no big deal, can appreciably help the Chinese nuclear weapons complex produce early on more effective killing capability on systems that'll be aimed at American cities. I don't think you've done away with that argument by showing us this nice simple device down here on the table.


I remain to be convinced.


HOYDYSH: I'm not suggesting that computers cannot be used for anything that you want to use them. But your question is, at what level does it make sense to devote government resources to chasing these things as opposed to concentrating on things that are really important? If you have a million single-processor PCs that are over 2,000 MTOPS, is it worthwhile to chase those, or are you going to focus on the things that Steve is concerned about, the massively powerful things, to either not sell them at all, or to put such safeguards on them that they cannot be used for anything other than what they're supposed to be used for? And that's the question before us, I think.


HUNTER: Well, I agree with you. I want to hear your answer. Where you think we should have limitations.


HOYDYSH: Well, we're here right now to suggest that the proposal to raise it to 6,500 MTOPS, which is the parameter that we're stuck with at this point, which would free personal computers, it would free this kind of two- and four-processor system, which is available worldwide in the millions of units, we think that that limit is appropriate for today's technological and competitive reality, and we're here to support that.


HUNTER: And does Japan transfer those?


HOYDYSH: I am absolutely that Japan will sell two-, four- and eight-processor computers to China.


HUNTER: OK. I want to get -- and Mr. Chairman, I'll stop asking questions here, but I want to get the absolute fact on that; what level, and for the record or whatever, what level Japan presently sells as a matter of policy to China, OK?


Thank you.


MILHOLLIN: I'd just make a couple of comments here. We also need I think a -- there's a question of perspective. The performance -- I'm sorry. The two or three countries, which are the only ones affected by the NDAA, represent five percent of the market for high- performance computers -- five percent. If all of the supercomputer companies, all of our computer companies and all the Japanese companies just didn't sell at all to that market, it's hard for me to see how the destiny of any individual company would be greatly affected by that. We're talking again about five percent of the market.


We're talking about -- the most recent figures I have from the Commerce Department showing exports to Tier Three countries of computers that were considered by the Commerce Department to be high performance computers, which at that time I think was over 2,000 -- we're looking at five percent of the market. And so, I can't see why our companies are so desperate to crack that market if it means that the cost will be that we'll be helping their military capability. It just seems to me that the money isn't worth the risk.


It's also possible to think about changing the system so that for certain countries we wouldn't recognize the difference between civilian and military. And I think, Mr. Hunter, that's what you're suggesting. In the case of China, perhaps there are countries where there should be an exception to the existing differentiation in the regulations between civilian and military. But it's whatever the level is for high performance computer exports for civilian and for military, they ought to be the same for China, and perhaps for other countries.


CHAIRMAN: Mr. Skelton? No more questions? Mr. Bateman? Mr. Hunter, do you have any more questions?

HUNTER: Yes, just one follow-up, Mr. Milhollin. When you say five percent of the sales go to Tier Three countries, Mr. Hoydysh is, as I understand his position is that these, what he would consider be a low-level technology computer. That's right, Mr. Hoydysh? Is a fairly substantial -- I take it the reason we're here because that's a fairly substantial and promising market in these Tier Three countries. If they're not going to buy any, this whole thing is...


HOYDYSH: Congressman, for some of our companies, it's considered more than five percent. It's up to 15 percent. It's a very rapidly- growing market.


HUNTER: Define what level computers those are that make the 15 percent.


HOYDYSH: Well, I'm talking about overall sales of all of our IP products into the Tier Three countries is on the order of, well, maybe from five for some companies to 15 percent. All I'm suggesting is that we cannot afford to forego five percent of the market unless we have a compelling reason not to do so. I mean, any CEO who would give up five percent of his revenues would be out in three hours from his job. I mean, this is important -- revenue is important to keep our companies healthy. And unless it can be shown that there is a compelling reason why we should not compete in that market, we ought to be allowed to sell.


HUNTER: I understand. And if every time we do a post-mortem of it, whether it's Saddam Hussein or somebody else, we find out that American companies and other Western companies have ended up creating part of a military apparatus that destroyed our soldiers, your neighbors, on the battlefield. And generally speaking, when we err, we err on the side of having liberalized these exports too much. And if the standard is always that you want to see a direct link between a military operation and a technology, many times we've missed that.


The binders (ph) that we sold the Soviet Union made $12 million bucks on the sale in 1972, ended up accurizing their SS-18 missiles, nuclear warheads aimed at the United States. Now those were going to be used ostensibly for a domestic project in the Soviet Union.


So, we make a lot of mistakes, but I think -- and that's why I think it's important for us to not underestimate the value to a military operation of even what I would call mid-level computer technology. We just made a massive mistake with respect to India and Pakistan because they used open American literature to build nuclear weapons. We never dreamed they'd want to make a mid-grade nuclear weapon, but they did, and now we may have to pay the consequences.


HOYDYSH: Well, Congressman, I agree with everything you say. All I can say is I take great comfort in the fact that Dr. Bryen and I are on the same page at least on this one. And the Commerce Department, I always said -- I always thought, well, you know, we could push for anything we want, because he would never let us sell what was truly strategic. And if he's on the same page with eight processor systems, then I feel confident that we can go ahead and do it.

HUNTER: Dr. Bryen, are you heavily sedated today, or is that true?


(LAUGHTER)


BRYEN: I may need to be after this.


(LAUGHTER)


What I said, Mr. Hunter, is that you can easily fix this problem. It won't satisfy everybody in the computer industry, but it'll protect our national security. And the way you do that is you distinguish between parallel processing machines and these desktop machines, which are not parallel processing machines. And you can simply say in the regulations that anything less than eight processors is exempted from the controls, because first of all, they are commodities, and they're hard to control. And you know, if you want to keep it out of India, you won't succeed, or out of Pakistan or any of those places. It won't work.


And then let's get some tough controls on the supercomputers, because that's where we're going to get hurt. And I don't think our controls right now are tough. I think they stink, actually. I don't think they're doing the job, and we need to control the software, and we need to get a national security impact study that's real. I wouldn't go along with raising the threshold one point without a national security impact study that looks at what our adversaries might do.


So that's my position. And I think we can help out industry and solve a national security problem at the same time, and I hope the committee will take it up.


HUNTER: OK. Thank you.


CHAIRMAN: Gentlemen, thank you very much. There are a couple of questions from staff and other members. If you would submit them for the record, we'd appreciate it as rapidly as possible.


This committee will stand in recess, and we will reconvene at 2:00 with a third panel. The meeting stands in recess.


(RECESS)


(JOINED IN PROGRESS)


CHAIRMAN: (OFF-MIKE)


REINSCH: Yes, sir. I'm aware of its difficulty. For example, a phone company, we have to go visit them again. If our investigators were permitted to exercise their discretion, we could focus our efforts directly on any problematic locations we might identify, adjusting the MTOPS level upwards for these inspections -- and we appreciate the Congress' action in the defense authorization in getting that -- will be helpful. But I must say, it will be temporary. It will only be temporary relief, as chip speed increases and commodity-level PCs and laptops grow increasingly powerful. This is going to become more important in the near future as several manufacturers place tens of thousands of chips with speeds greater than 2,000 MTOPS on the market, we expect to see single chips with speeds greater than 3,000 MTOPS enter mass production before the end of the calendar year.


In particular I would call your attention to the decision of at least one company, one U.S. company, not to market laptops and PCs with performance above 2,000 MTOPS in Tier Three at this time because of NDAA requirements. We do not believe it is possible for PCs and laptops sold in the thousands in retail stores to wait 10 days for interagency review. If these company sell these commodity computers in Tier Three, the NDAA review system would be overwhelmed.


More to the point, we must be clear that the NDAA process does nothing to prevent militaries in Tier Three countries from obtaining single-chip PCs and laptops with performances above 2,000 if they want them, since these are inexpensive, highly portable and widely available from retail outlets around the world.


In conclusion, Mr. Chairman, computer export policy has broad ramifications for the health of the entire American economy and for U.S. national security. We're the world leader in information technology and in computer manufacturing, and that industry's future depends on exports. Ill-advised export controls could put this vital sector at risk with little benefit to national security.


In the short term, U.S. companies would lose sale opportunities to foreign firms. In the long term, U.S. companies would suffer significant and perhaps irreversible loss of market share in foreign markets. The loss of export revenue would adversely affect the ability of U.S. companies to fund R&D on next-generation technologies, thereby harming their ability to maintain product lines on the cutting edge of technology, including products with strategic military applications.


Thank you, Mr. Chairman.


CHAIRMAN: Thank you. I was just wondering, you were talking about the 2,500 notifications, 205 were converted to licenses and only nine were denied. Of the nine that were denied, did anyone appeal that decision or contest the fact that they were denied for good reason?



REINSCH: Looking at the list, no, sir. There were no appeals of those.


CHAIRMAN: And only nine were turned down, so of all the ones that were requested, it seems like a good many of them -- would that indicate that the process was working, or what's the problem?


REINSCH: Well, there are -- let me just give you two more numbers for the record, just to flesh it out, Mr. Chairman. Nine were denied; 28 were approved. That means the application, after it came back, after an objection was approved; 139 were returned without action. Some of those may have reappeared as separate, new applications. We have no way of tracking that. Some of them disappeared. But when you keep in mind also that a lot of these notifications are on spec if you will, and put in in anticipation of deals being closed that ultimately don't close, the number of computers actually shipped is not necessarily related to the number of notifications we receive.


Because of the visit requirement, we actually keep two sets of data. We keep data on notifications, obviously. In order to perform visits, of course, we want to visit computers that are actually there, not mythical computers that were not shipped. So we keep track of computers actually shipped. And that number is probably between, depending on what time period you look at, between one-third and one- fourth of the notifications. So a lot of these fall by the wayside for commercial reasons that have nothing to do with us, and I think I need to make that point.


In terms of what works and what doesn't work on the NDAA, the part that clearly does not work the most is the visit part, and I can discuss that further if you want. But you've asked about the notification report. I think at low volumes, the notification process is functional. And we have been able to -- the test for us is, you know, can we do it with existing resources and manpower and maintain the ten-day limit that it provides for, or are we beginning to, you know, fumble around at the edges, either in the sense that we're taking longer or that we're starting to see sort of blanket rejections without any review because people simply can't handle the volume.


At low volumes such as we've had until this summer, the system is manageable. What happens when you start getting into the hundreds each week or more, which is what's happening essentially since the end of September, late August, where our curve has started to go up, which is exactly what we've all been predicting, then the system becomes -- rapidly becomes unmanageable. Because we have had at least one company voluntarily decide not to market in these countries and therefore not give us any notifications, that's made the growth curve somewhat slower than it otherwise would have been. But really what we're worried about.


Now, if we go to 6,500, what will happen at that point is the system will ramp down again, and the number of notifications will be much lower, because we'll only be taking them above that level, and pressures will ease and the system will be manageable again. If we have to wait till January to get there, I foresee a lot of difficulties in November and December if you look at our growth curve.


CHAIRMAN: I don't think anyone is probably advocating lifting alternate controls, are they?


REINSCH: Well, we haven't advocated that either. I think what we feel is that 6,500 is an appropriate level to go to, given the state of technology now, and I'd be happy to discuss that if members want to. We felt that it was inappropriate, obviously, since we conducted our study and our review, and the president made that decision and he was prepared to do it as of that point, if Congress has given itself six months to conduct your study, we think -- we would encourage you to do it sooner than that. And I would simply say in response to your question, I think if we wait until January 23rd, which would be the 180th day, if you will, for the time period to expire, I think the system would be in serious trouble by that point, and we're rapidly getting there now. But I could not tell you that it's, you know, that it was nonfunctional from day one. It was not, and it worked effectively, and it does work effectively at low volumes.


CHAIRMAN: Without this system that was set up, those nine that were denied would have gone?


REINSCH: Well, I don't think so, Mr. Chairman. I mean, that -- to discuss that would necessitate getting into specific end users, which the law prohibits me from doing in public session, as you know. I gather one of your private-sector witnesses this morning did not feel constrained by the law, which I think is unfortunate, but I am. It's our belief that in those particular cases, the end users -- I'm sorry, the exporter probably would have applied for a license from day one because of the nature of the end user. But in a sense, the notification process means they don't really have to make that decision, because your process says you have to notify anyway, and that effectively then puts on the government the burden of deciding when a license is needed or not.


I think it is not really correct or fair to the companies to assume that in the absence of your process they would never file any license applications. We did have cases that you're well aware of in Russia where we thought they should have and they didn't, you know, so I can't tell you that the companies are 100 percent, you know, pressing us on this, but neither I think is it fair to assume that their compliance would be zero if they didn't have the notification process.


CHAIRMAN: I understand. Mr. Skelton?

SKELTON: Let me ask you a similar question to the panel this morning. In your opinion, how much time is required for Congress to conduct a good review?


REINSCH: Well, I speak from the perspective of someone was up here for 20 years in various capacities doing this kind of thing. My personal view is that given what I think what you ought to do as part of that, I think it can be done in 30 days. Now, I think, you know, if the committee in its wisdom wants...


SKELTON: What happens if the clock starts ticking the day before Thanksgiving? We're not around.


REINSCH: Well, I think there's two -- that's a two-part question, Mr. Skelton.


SKELTON: Just answer that question. Just that question.


REINSCH: The staff is around, and I think the people that probably would conduct your study and review are around and able to do it. The question is, if your conclusion was that we made a mistake, will you be in a position to do anything about it 30 days after the day after Thanksgiving? And the answer to that is probably no. You wouldn't be around to do anything about it.


SKELTON: Well, 30 days would be adequate.


REINSCH: Thirty days would not be adequate for you to take an action. I do think that 30 days would be adequate for your committee staff and members that were accessible even come to the conclusion...


SKELTON: Mr. Reinsch, some of them do take off for Thanksgiving and Christmas and New Year's as well.


REINSCH: Well, I'm delighted to hear that. I must say, I'm not sure because we (inaudible).


SKELTON: Well, I do my best to keep them here, but some of them just insist.


(LAUGHTER)


Let me ask you this. There was some testimony this morning about the term and measure of MTOPS not being the best way to measure. Could you address that so a country lawyer can understand it, please?


REINSCH: Yes, sir. I'm aware of this morning's discussion. I had several people alert me to this. We have -- each time we've reviewed this we had looked at other ways of doing it. And I've said before, publicly and privately, that we're not wedded to MTOPS as an answer. MTOPS is an artificial construct that is not used in marketing these things, and the industry doesn't particularly like it.


SKELTON: You're right. Do you have a better idea?


REINSCH: Not yet. I know the idea that was suggested this morning was to go by the number of processors.


SKELTON: That's correct.


REINSCH: And let me say two things about that. One, it's a very interesting idea. We considered it before. We did not exactly reject it. In fact what we did was embody that thought in MTOPS' formula: 12,300 is eight times one Pentium III. That's how we got to 12,300, by making the same assumption that I understand Mr. Bryen made this morning, that eight processor and below models were not -- could not effectively be controlled.


So we -- what we simply did is rather than say eight processor, is we said, well, what's eight times the current, you know, performance capability, and we'll pick that MTOPS number.


I would just observe...


(AUDIO GAP)


... by processors rather than MTOPS, you start out at the same place that we are, but you end up with a significantly greater liberalization, because eight processors with a Pentium III comes out to be, you know, 12,300 MTOPS.


Eight processors with the MERCED (ph) -- now called the Itanium with -- Intel's coming out with next summer -- will be over 40,000. But it's still eight processors. So if you are prepared to accept that kind of ramp-up in capability, even though the number of processors hasn't changed, controlling by processors is -- is I think an equally effective way to go.


And I think it's a fair point to say that if your assumption is that you can -- you can do eight processors without substantial vendor support, they're widely available, they meet all those criteria, that's going to be true whether it's an Itanium or a Pentium or whatever it is.


But, you know, the committee should understand that that -- that embodies within it a substantial increase in capability that might or might not be where this administration will end up.


SKELTON: Thank you so much.


CHAIRMAN: Mr. Hansen. Mr. Hansen's not here?


Mr. Hayes.


HAYES: Thank you, sir.


REINSCH: I'm sorry, I didn't see you over there.


HAYES: Let me preface my question by saying my technological capabilities are better suited for this than some of the equivalents you're talking about.


For my edification, based on the retail marketplace, what can be purchased by anyone, anywhere, over the counter? What is the ceiling that presently exists -- the ceiling under which people that we do not want to give aid and comfort to of any kind of military hardware or software, what is the ceiling out there now that they can go to the marketplace and purchase equipment that we're talking about.


REINSCH: Well, for -- as a general matter we concluded that that level is really reached at 6,500 MTOPS, or to use the concept that I was just talking about with Mr. Skelton, you know, that comes with that level, is really reached at eight processor models.


Now, if you're an Iraqi, you know, or an Iranian, that number is probably lower because particularly in the case of Iraq, you're subject to a UN embargo and no one's supposed to trade with you. And so that -- there are special circumstances like that.


Saying that an item is uncontrollable at 6,500 MTOPS -- which is what we say -- is not the same thing as saying every single individual in the world can walk down the street and buy one. You know, it's logistically more complicated than that.


But what it does mean is that people -- and particularly governments that are determined to get them -- can do so relatively easily at that level.


HAYES: That wasn't quite as clear as I hoped it would come out.


The gentlemen who have spoken already, and every one in the room and those not present share the same belief that we should do nothing to help our enemies or potential enemies around the globe. So I think unanimity there is concrete. There's no question about it.


In another presentation -- again talking about computers and software -- some private providers outside of the defense context were talking about similar terms, and I got the impression that you could buy in personal computers retail market 100,000 -- 200,000 MTOP capability equipment without any real difficulty. Am I mistaken? Did I miss something there?


REINSCH: Well, we wouldn't agree with that. I'd like to have a conversation with those people and learn a little bit more about what they are talking about. I don't think -- certainly that wouldn't be true for a personal computer. We are at the point right now where PCs are getting into the 2,000, 3,000 range. And the items that the notification process really works for are -- historically have not been PCs, although that's beginning, but servers and workstations -- the server being the kind of thing that runs your office e-mail system, that would be a server; or a workstation on which you would do computer-aided design and things like that for designing anything from a house to, you know, a military item.


Those -- it's the workstations and the servers that are really caught in the, you know, more than 2,000 and less than, you know, less than 10,000 or 20,000 market. And those are individual items, but they're not the kind of thing that you would just walk out to a store and buy. It's a little more complicated than that.


And at the 100,000 to 200,000 level, I would dispute anybody who said that it's that simple.


HAYES: OK, let's go down another road. You were referring to the screening process -- and I don't think anyone has any problem with the screening process. We all think it's wise to do that. But you said under the present system, 2,500 screenings resulted in nine rejections.


It would appear that this present screening process is not operating at maximum efficiency. People are possibly -- and again correct me if I'm wrong -- tied up examining things that they really don't need to examine. Twenty-five hundred versus nine -- what -- in an ideal world, what should that ratio be to show that we are examining the right kinds of products -- if that's a legitimate question.


REINSCH: That's a very interesting question, and we haven't really asked it ourselves -- asked it of ourselves, Mr. Hayes, because the law doesn't give us that flexibility.


You use it for a point if all those, that's the number we're coming out, you know, what's of it. I can say that, to put it in a slightly different perspective though, the number that were objected to, if you will, by a single agency, was higher than the nine. The number that was objected to by somebody were 189 out of that 2,500. Some of them are still pending, so that -- 189 were objected to. Now what happens when there's an objection is that means that the applicant has to come back and submit a license application. A lot of them don't do that -- a lot of them just don't do that. And it sort of vanishes into the ozone.


Of the ones that did, nine were denied, which is a very small number.



HAYES: One more real quick question, Mr. Chairman -- these answers are more complex than my questions. Am I hearing you say that 6,500 is a very reasonable, safe, common sense number based on today's marketplace and national security?


REINSCH: Yes.


HAYES: Thank you.


REINSCH: How's that for a shorter answer?


CHAIRMAN: Mr. Smith.


SMITH: Thank you. First of all, I want to thank the administration for what they've done. I happen to think you are moving in the right direction in making sense out of a policy that was really outdated. And I think updating it to match the technology is the correct way to go. I may be in the minority on that viewpoint on this committee, but I do agree with it.


Also I have some questions on the 30-day versus six-month notification process. As I understand it, that clock has already started ticking when the decision was made. I think you said it runs out on January 24th, is that correct?


REINSCH: Twenty-third, yes.


SMITH: Twenty-third. So we're currently in that six-month notification process. In fact, one of the things that I want to have submitted for the record is a copy of maybe the amendment that the chairman and the ranking member got passed back in -- for the FY '98 budget requiring the review of these exports, which requires a report.


That report has already been submitted. It was mentioned this morning by one of the people who testified that this hadn't even been studied yet. That's not true. The administration has sent us over and I have attached a letter with a copy of that report for everybody to have a look at.


So in essence, the process has already started. I guess maybe I'm missing something. But if we were to come in now and say that it ought to be 30 days -- actually I should ask permission of the chair to submit that for the record, sorry. Bad timing on my part. I'll get back...


REINSCH: I think he'll probably say yes.

SMITH: OK. Never mind.


My question is: If we came in right now and said, OK, it shouldn't be six months, it should be 30 days, arguably hasn't that already passed? Or do they have to start from when we would say it would be 30 days?


REINSCH: Well, since we've asked for an amendment, I mean, you could write it either way. My view would be, Mr. Smith, that it's already passed. We're in the 94th day -- or whatever day we're on, it's about the 94th day -- and I would say if you change to 30 days, time's up.


SMITH: Yes. And this -- and I'm sorry Mr. Skelton had to run to another meeting. I'll talk to him and his staff about it. But I think, you know, the Thanksgiving, Christmas issue really isn't an issue for us, because -- I mean, I would hope since this process has already started, that there are people on the national security committees who are reviewing the report that has been submitted and are already moving forward to try to determine whether or not your decision is wise or not.


REINSCH: Well, if I may, I'm glad you brought that up again, because I wasn't -- I wasn't quick enough to make the more important point to Mr. Skelton, and perhaps if you can relay it I would appreciate it.


What the president said in this regard was that we have committed to review this issue every six months. Now what that means is July and January. And we have now put ourselves on the schedule that we are determined to meet, which would preclude the day after Thanksgiving being a problem. We expect these things -- if we have a change to make, we expect to make it in January and we expect to make it in July. July, you may run afoul of the August recess, I suppose, but I think that's a more flexible issue than the question of end of session. So I don't think that would be a problem.


SMITH: And I think it's fairly important that members know that because I think you're right. If we don't update this -- and this is something I've been working on.


And, Mr. Chairman, I'd ask -- I've got a letter here with a copy of the administration report -- if I could get that submitted for the record, with your permission. Thank you.


I think it's really important that we do that because the backlog that comes in November and December is going to be a major problem, and I hope we step up to that before we go home, hopefully in the next week or so.


In other -- not really so much a question, just I unfortunately had meetings this morning and didn't have an opportunity to make a statement or ask questions of the earlier panel -- but I really think this policy makes sense. And it disturbs me a great deal that a lot of members on this committee don't. I frankly don't understand their argument.

I understand the first part of it, and the first part of it is: high-performance computers -- or, hell, just computers -- can have national security implications. No question. As you mentioned in your testimony, computers with as little as 500 MTOPS have helps us develop some of our most advanced weapons systems. The F-117 -- if my reports are correct -- was developed with computers with 100 MTOPS. You know, if we're talking 2,000, obviously there's defense implications. There's no question.


But the other part about it is, because of where the technology is going, and maybe the industry hasn't gotten there as fast as they thought they would, but they're getting there pretty fast. We now have a situation where, you know, it's not a server or a workstation. You can buy a PC or laptop with over 2,000 MTOPS capability. You can buy it retail, as somebody who testified this morning, you can buy it from six or seven different companies outside of the United States of America, over the Internet with 24 hours delivery.


And one quick point about Iraq -- you mentioned that Iraq can't do that because they have sanctions against them. Theoretically Iraq can't buy a spiral notebook from people because of those same sanctions. So it's not peculiar to computers. I mean, we have sanctions against them, period.


REINSCH: Correct.


SMITH: So it's there, and the computers are out there and available just retail. And you know, if you walk into store and want to buy a computer over the counter and have to go through the Department of Commerce or Department of Defense doesn't make any sense whatsoever.


So they're out there. I guess I would ask -- the people who aren't here -- where do you disagree with that? I mean, are these computers not available or what? They're available. They're out there.


And I guess the final point -- which is the one we never get to because we get stuck on the fact of "how dare you export something that could have national security implications" -- is the point that you made very, very well in your testimony, that us -- being the United States of America -- maintaining the leadership in this technology area is critical, not to our commercial industry, not just to our commercial industry, but to our national security. If we cease to be the leaders in technology and somebody else moves past us, it is precisely our national security that will suffer because of the working relationship that the Defense Department has with U.S. companies that they don't have with German or Japanese or Chinese companies. So it is a national security issue.


We seem to be thinking that as long as we err on the side of not selling this stuff, we have then erred on the side of national security. That is dead wrong. We are erring in a direction that because of the changing world is going do the most to jeopardize national security.

So I applaud the administration moving in the correct direction, and I for one would like to work with you precisely for national security reasons.


Thank you, Mr. Chairman.


CHAIRMAN: Thank you. Mr. Jones.


JONES: Thank you, Mr. Chairman. And for somebody who has less than a minimal amount of knowledge about this issue, I'm totally fascinated with it because, I mean, it's a fairly interesting area of national security. And I want to make sure that I understand what you said in response to the last short question/short answer of Mr. Hayes.


But basically, are you saying that any computers who have 6,500 or less MTOPS, basically there's no national security problem and they should be available to anybody?


REINSCH: The best answer to that I think was Deputy Secretary Hamre's when he was asked that question, which is: We can't say that there's no national security problem, because they have military applications below that level. What we can say is that at that level and below, we can manage the national security problems that might occur.


JONES: One thing that's always bothered me about this, particularly in lieu of a discussion last spring, I guess, I understand there are national security implications and obviously we've got to be concerned about that. Mr. Smith is absolutely right.


But by the same token, when we turn around and we put our business hats on, are we being real presumptuous that we're the only people in the world that manufacture those computers, or are they available out there to every one of our -- two or three countries -- from other sources? What's your answer to that? And how do we deal with that?


REINSCH: Well, were the only ones, and we could deal with it. And 30 years ago on a host of technologies, we were the only ones. In this case -- as I think my testimony indicated -- of the 170 companies, we found that account for three-quarters of the world's supply of computers, 120 of them are outside the United States; 28 of them are in countries that don't adhere to the multilateral control regimes that control -- or the regime that controls these items.


So we're talking about a substantial number of producers who don't have multilateral obligations, don't necessarily -- and in fact don't empirically -- do what we want them to do, as far as sales are concerned.


I can give you perhaps one of the most interesting examples. And, you know, a nice visual would be to bring a laptop here and, you know, call down an Internet web page. But there's a company in Taiwan, a Taiwanese computer company, which is not only marketing for a processor Pentium III computers -- which means computers that are under 6,500, but well over 2,000 -- they not only are marketing them, but they are selling them in manufacturing facilities in China.


So this is what is happening with this technology. It is not -- the technology is not ours alone. Where we are relatively unassailable -- except for the Japanese -- are with the economics. We can make these things better, faster and cheaper than anybody else. And as result, we dominate the world and I hope and think make a lot of money.


People don't try to make the high end to compete against us because they can't do it as cheaply. If we drop out of the market, or if we take ourselves out of the market with export controls, the Koreans, Italians, Germans, a number of others will step in and they will step in and make the products that they don't make now because without us in the marketplace, they can make -- they can make those products and they can make money out of those products.


If you ask me, frankly, what the biggest challenge we have with China is -- which has been a concern of this committee, I know, and a well-taken one, a concern for all of us -- in the computer area, it's not an export at all. It's indigenous Chinese production. You know, more than half of the PC market in China now comes from indigenous Chinese companies. And the American companies -- I don't think anybody asked them that this morning -- but the American companies are losing market share in China at the low end, the PC end.


Now if you look at any other industry, if you look at textiles, if you look at steel, if you look at the history of what happens in developing countries is they move up the value-added chain. They start out with the cheap stuff and they start making more expensive stuff. That's going to happen in computers in China, just like it's happened in all the other things they make. And they've taken over the low end in their own country. Give them a year or two, they'll be selling workstations and servers of their own. And that's what we ought to be looking at.


JONES: Is there any control in place that would be able to track or if needed prohibit the sale of a supercomputer over the counter -- whatever the maximum MTOP you can buy over the counter -- to somebody who then takes it to a friendly country, and it goes from that country to one of our Tier Three countries? Is there anything to control or track that in place?


REINSCH: Well, yes, our rules will prohibit that. Our rules would provide that if a computer were exported legally to the first place, if they wanted to re-export it to, you know, an unacceptable location, it would be subject to the same requirements as if it were going directly from here. That's what our rules say. I mean, the reality, as you can imagine, is that when you're in the third country, you know, the items there -- we are here. We don't always find about those things.


We get -- up to a point, we get good cooperation in some cases from European friends and allies, and we get very good cooperation on what we refer to as "the terrorist states" -- Iran, Iraq, Libya, North Korea, Sudan, Syria, Cuba -- countries in that category.

We get much less cooperation on China because they don't regard China as a proliferation threat in the same way that we do, and that's a significant difference between us and our allies.


JONES: And I don't guess there's any practical way to control the sale of over-the-counter to somebody who exports it to a friendly country and they maintain a terroristic operation with the use of that computer in that friendly country, and I know we're bound to have some of that out there.


REINSCH: Well, we have a -- we have -- we have a rule that was promulgated in the Bush administration, which is no one has absolutely enhanced proliferation control initiative, and it contains what's called a catch-all provision. And we have prosecuted people under this provision. This is not by any means a dead letter.


What it says is that if you know or have reason to know that your customer, your end-user, is engaged in proliferation activities, you have an obligation to come in and seek a license, which we can then say yes or no to. And companies do that. This is not something that is honored in absentia.


And as I said, we prosecuted people here on this successfully. So it works. Is it perfect? I doubt it. I mean, that's asking me to sort establish the negative, you know: I don't know what I don't know.


But it works, and our enforcement people -- Congress has been good to us, not as good as I'd like, but good to us in giving us additional resources to beef up enforcement -- spend a lot of time figuring out who questionable end-user's arm and tracking this sort of thing down.


JONES: Thank you.


CHAIRMAN: Thank you.


We are here, of course, looking at this whole matter to see where we go from here. A lot of thought there was justification for the law that was passed back then. And in that law, provision was made for just what is happening today. In addition, notification, licensing and all the rest of those kind of things, and provision was made for the president to be able to increase the threshold and we would have a chance to come back and disagree with that if we wanted to. And so we understood that there would be these kind of situations arising.


Mr. Skelton and I have sent a letter to the president, as you know, asking about 12 questions, which we hoped he could get to us by the first of November. And I understand you're probably the ones who are getting all these answers up for the president.



REINSCH: Most of them. My people are hard at work, even as we speak.


CHAIRMAN: And I was just wondering how far along you are on that.


REINSCH: I hope we meet your deadline, Mr. Chairman. I've been out of town so I can't say for certain. We got the questions. We're working on them. Most of the ones that ask for data are ours. Some of them, of course, are policy questions and that answer will come from the White House.


CHAIRMAN: I understand. The deadline of January 23rd, I guess...


REINSCH: Yes, sir.


CHAIRMAN: ... means that we're going to be out of session until about that time after we leave here, and, so the (inaudible). I doubt if he'll have a chance to respond one way or the other. So things are going to go on from there.


But the bottom line of it is that we are trying to see if sometime what can we achieve if we leave to make, if any, and I don't know that anyone has said that we should just eliminate the law; go back to how it was before when no controls, set up Tier One and Tier Two and Tier Three countries, and Two or Three countries (inaudible) MTOPS the threshold.


And of course, that is being increased because of the president's actions, he's entitled to do.


What is the -- what would you recommend at this point that we do to change the law, modify it, or you said you need more people to handle the applications. Is that part of more people? Or do you need more time? (OFF-MIKE)


REINSCH: Well, let me say -- you're obviously making a good faith effort to grapple with a hard question, Mr. Chairman, and I appreciate that. I think it's appropriate now a couple of years down the road to, you know, to do that and look at it. And obviously it would be simple for me to say it would be -- you know, we'd like it to go away. But I think that, you know, I'm happy to make a good faith effort to work with you to take a look at this.


Clearly, I think that on the notification side, the process works as long as we are adjusting the levels appropriately upwards, that allows us to stay sort of even with the flow of notifications coming in. If we get behind, then we get swamped and there's a lot of people disadvantaged. So as long as we can maintain equilibrium through up- ticking the standards, I think that's all right. I think where we are right now is that the six-month waiting period threatens to disrupt that equilibrium and that's really why we have recommended a shorter period.


Now I think it would be fair for you to come back and say, well, if that's so, why didn't you have brains enough to do this in March? You know, so the six-month period would be up now. And that's a fair point and we didn't -- it takes a while for us to do this sort of thing, too, and we wanted to gather all of our data.


I think we're a little bit behind the curve in terms of us having the marketplace. And there's only two ways to I think get up -- catch up. One is if you shorten the waiting period and make things a little bit simpler, or we effectively would be forced to take bigger, bigger bites, bigger leaps in January, because if we do in January isn't going to be effective until July, we have to anticipate that and take a bigger bite, and in July, take another bigger bite. Whereas if we thought it was going to be effective sooner, you know, we might come to a different conclusion. So we might just think about that piece of it as we work through this.


I think the other (inaudible) might consider from a drafting perspective is that the way the law is drafted, you have given yourself six months to review the decision. And presumably, the implication of course is that that gives you time if you don't like it to take appropriate action.


What you have not given yourselves is the opportunity to say positively that you do approve of what we've done and that you want to terminate the waiting period. There's no mechanism for doing that. And you know, there are things that led the president to suggest a shortening of the waiting period is that we don't have another device to, you know, deal with a situation in which you might be -- you might be if you did the right thing. And if you think we did the right thing and we think we did the right thing, why do we have to wait for six months? -- you know, which I think is a fair point. But the law doesn't come with flexibility there.


And then finally, as I've said before, and I want to tell you a little story, if I may. I think the visit issue has been the most problematic for us, mainly from a resource point of view. But if you think about it, it's actually in some respects I think pushed us further from the goal. The Chinese have -- and we'll talk about China specifically -- have actually increased their cooperation with us significantly in this area recently. And we've done quite a number of visits. In fact, we have someone out in a different part of China this week doing an additional number, and I'd be happy to provide you with a -- well, we're going to give you a report next month, I think, and that will be complete numbers. But you won't see one in the China column. You'll see a bigger number.


But in the process we've discovered something that we hadn't expected, which is now we have to ask them for every one -- to visit every one. Now you know and I know and they know that we don't have enough people or money to visit every one, and they don't have enough people and money to visit every one either. So by having to ask them to visit every one, what we've effectively done is put the decision on which ones get visited in their hands, not in our hands, because they pick and choose. And they'll say: Well, we'll do these 10, you know, this week, and two weeks from now we'll do these five over here. And they'll say you can't do the rest because we don't have enough time and money. And we don't know. I mean, we can't say that. And so we chalk up 15, if that's the number, and say we've done 15.


If we could pick and choose ourselves, you know, my people are professionals at this. They can pick out the ones that are iffy -- the ones that are problematic are the ones we like to look at. And we could ask the Chinese to do those. And then if they said no to those, you know, then we'd know something, you know. We'd know they were hiding something and we could do something about that.


But in the current situation, we don't know anything when they say no, because we've made an unreasonable request from their point of view and we know they're going to say no to some number of them. And what we've essentially ceded to them is the opportunity to make the choice of which ones we see and which ones we don't see. And our investigators don't get to make that choice anymore. And I would assume, not having seen the ones we visited, I assume we're visiting all the ones that check out. And these all -- and in fact, they all have checked out in China, and we've done a lot more.


So we all want to think about that -- that this is one of those cases where I think I would encourage you to have confidence in our professional investigators who are, you know, they all go down to the FBI place in Georgia to get training. These are professional people. They've got the same kind of training as other law enforcement officers. They know what they're doing. And I urge you to have confidence in their ability to select the ones that are problematical and not force us to spend -- not only spend a lot of time and effort doing ones that don't matter, but really to give effectively either to the Chinese the opportunity to make the choice.


So we urge you for flexibility there. You already gave us some by letting us up-tick the standard, and we really appreciate that.


CHAIRMAN: (inaudible) also aware that two of the (inaudible) are being investigated. Are those in China?


REINSCH: No, they are not. And I'd be pleased to tell you where they are privately, Mr. Chairman, but I'm not going to do that publicly.


CHAIRMAN: I understand. (inaudible) of advocating that we go back and abolish the law completely, are you?


REINSCH: Well, I have in the past, Mr. Chairman, and...


CHAIRMAN: (inaudible)


REINSCH: ... in the interests of comity because you've been so nice to me today, I won't say that again today.


CHAIRMAN: You mean you were in favor of shipping to two or three countries where it (inaudible) interest in national security.


REINSCH: I'm in favor of working with you to develop a law that will allow us to do our job better and make you feel that our national security is fully protected.


CHAIRMAN: Well, I appreciate all you're doing, the effort you're spending, and also the work you're doing in getting these questions answered for us because we'll come back with them later on, I guess, after we come back from the break.


REINSCH: We'll get them to you as soon as we can, Mr. Chairman.


CHAIRMAN: I appreciate that. And you've been a great help to us, and the work of our committee and I appreciate it. I can't say that we're all going to agree, as you well know from the past, but we're trying anyway, and this whole law is an effort to do something that we thought needed to be done. And as I said, we provided what is in the law to have these things happen; maybe we do need to tighten a few screws and unloose a few screws, or do something to make it more acceptable to people in facing the realities of life that's brought us to where we are today.


But I appreciate what you're doing to help us and we'll be back in touch, we say around here. Thank you.


REINSCH: Thank you.


CHAIRMAN: Any other questions? The meeting will be adjourned.


END


NOTES:
Unknown - Indicates speaker unknown.
Inaudible - Could not make out what was being said. 
off mike - Indicates could not make out what was being said.

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LOAD-DATE: November 1, 1999