[Congressional Record Volume 147, Number 112 (Friday, August 3, 2001)]
[Senate]
[Pages S8887-S8888]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       EXPORT ADMINISTRATION ACT

  Mr. REID. Mr. President, I have been very concerned for several 
months about the Senate not taking action on the Export Administration 
Act. It is so important to this country that we keep up with the 
technology that is available and sell it overseas.
  I called the President's Chief of Staff yesterday and said it 
appeared the House was not going to act on the bill. They had simply 
given us an extension until November. That really does not help very 
much. So I asked the President's Chief of Staff, Andrew Card, if we can 
get a letter from the President indicating how important this was and 
that he would use whatever Executive powers he had at his control 
during this period of time when we are in a situation where companies 
cannot sell what they need to sell, and the President fulfilled that 
responsibility. I appreciate it very much.
  Condoleezza Rice said among other things:

       I am pleased that the Senate plans to take up S. 149 on 
     September 4, 2001. Because the current Export Administration 
     Act will expire on August 20, 2001, the President is prepared 
     to use the authorities provided him under the International 
     Emergency Economic Powers Act to extend the existing dual-use 
     export control program. As you know, IEEPA authority has 
     previously been used to administer our export control 
     programs. Since a new EAA will provide us the strongest 
     authority to administer dual-use export controls, 
     particularly as related to enforcement, penalties for export 
     control violations, and the protection of business propriety 
     information, we support swift enactment of S. 149.

  Mr. President, this statement says a great deal. As I indicated, I am 
very appreciative.
  To maintain America's technology superiority, the United States must 
modernize outdated export controls on information products and 
technology. Reform of the export control system is critical because 
restricting access to computing power is not feasible and no longer 
serves the national interest. It needlessly undermines technological 
preeminence of America's information technology industry without 
accomplishing any significant national security objective.
  The continued use of MTOPS, a standard design by the United States 
Government to regulate the export of information technology is outdated 
given today's technological and economic realities and the global 
economy.
  Under current law, the President of the United States is required to 
use an antiquated metric, called MTOPS, which means millions of 
theoretical

[[Page S8888]]

operations per second, to measure computer performance and set export 
control thresholds based on country tiers. This is the intelligence 
information we have in various countries.
  The conclusion could not be clearer. MTOPS are increasingly useless 
as a measure of performance. MTOPS cannot accurately measure 
performance of current microprocessors or alternative supercomputing 
sources clustering. This makes MTOPS-based hardware controls 
irrelevant. The best choice is to eliminate MTOPS.
  Eliminating MTOPS will ensure America's continued prosperity and 
security in the networked world. It will ensure Government policies 
that promote U.S. global economic, technological, and military 
leadership.
  Eliminating MTOPS will remove unnecessary and unproductive layer of 
regulation that no longer serves a meaningful national security purpose 
and will help level the playing field for American companies that 
compete in the global economy.
  President Bush, the Department of Defense, the General Accounting 
Office, and the Defense Science Board all recently concluded that MTOPS 
is an ``outdated and invalid'' metric and that the current system is 
simply ineffective. Repeal of NDAA language would give the President 
the flexibility to develop a more modern, effective system.
  This is a bill good for America, and when we come back, I will urge 
my colleagues to quickly move this legislation.
  I again express my appreciation to the President of the United States 
and his Security Adviser Condoleezza Rice for giving us this 
information. We will, with their approval, move on this legislation as 
soon as we get back.
  This letter was sent to the majority leader, Senator Daschle. I ask 
unanimous consent it be printed in the Record.
  There being no objection, the letter was ordered to be printed in the 
Record, as follows:


                                              The White House,

                                       Washington, August 2, 2001.
     Hon. Thomas A. Daschle,
     Majority Leader, U.S. Senate,
     Washington, DC.
       Dear Mr. Leader: Thank you for your efforts to advance the 
     Senate's consideration of S. 149, the Export Administration 
     Act of 2001. This bill has the Administration's strong 
     support.
       I am pleased that the Senate plans to take up S. 149 on 
     September 4, 2001. Because the current Export Administration 
     Act (EAA) will expire on August 20, 2001, the President is 
     prepared to use the authorities provided to him under the 
     International Emergency Economic Powers Act (IEEPA) to extend 
     the existing dual-use export control program. As you know, 
     IEEPA authority has previously been used to administer our 
     export control programs. Since a new EAA will provide us the 
     strongest authority to administer dual-use export controls, 
     particularly as related to enforcement, penalties for export 
     control violations, and the protection of business 
     proprietary information, we support swift enactment of S. 
     149.
       I look forward to continuing to work with you on these 
     important national security issues.
           Sincerely,

                                             Condoleezza Rice,

                                    Assistant to the President for
                                        National Security Affairs.

  Mr. REID. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. REID. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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