National Security Implications Of Export Controls

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The Impact of U.S. Export Controls on National Security, Science and Technological Leadership

Author: United States. Congress. House. Committee on Foreign Affairs
language: en
Publisher:
Release Date: 2010
United States Code

"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
Export controls more thorough analysis needed to justify changes in high performance computer controls.

In January 2002, the President announced that the control threshold above which computers exported to countries such as China, India, and Russia would increase from 85,000 MTOPS to 190,000 MTOPS. When the President changes the threshold, the National Defense Authorization Act of 1998 requires that the President provide a justification to Congress. The justification should, at a minimum, address the extent to which computers capable of performance between the established and newly proposed level of performance are available from other countries, address all their potential military uses, and assess the impact of such uses on U.S. national security interests. A related law also requires that we assess the executive branch's proposed changes. The justification for the President's January 2002 change to the control threshold for high performance computers was presented in a December 28, 2001, report to Congress. Thus, we (1) assessed the President's justification for the decision as presented in the December 2001 report and (2) identified other issues relevant to the decision to change the control threshold. To address these issues, we reviewed the statutory requirements for the justification, the documentation used by executive branch officials to support the conclusions presented in the report, and export control regulations pertaining to high performance computers. In addition, we obtained information from the 10 manufacturers listed in the President's report on the availability of high performance computers having the specifications described in the report. The information obtained from the manufacturers was supplemented with additional information obtained from a leading information technology industry market research organization. We also interviewed officials from the Departments of Commerce, Defense, and State who were responsible for producing the President's report.