[House Hearing, 108 Congress] [From the U.S. Government Publishing Office] IS AMERICA LOSING ITS LEAD IN HIGH-TECH: IMPLICATIONS FOR THE U.S. DEFENSE INDUSTRIAL BASE ======================================================================= HEARING before the COMMITTEE ON SMALL BUSINESS HOUSE OF REPRESENTATIVES ONE HUNDRED EIGHTH CONGRESS FIRST SESSION __________ WASHINGTON, DC, OCTOBER 16, 2003 __________ Serial No. 108-41 __________ Printed for the use of the Committee on Small Business Available via the World Wide Web: http://www.access.gpo.gov/congress/ house ______ 92-910 U.S. GOVERNMENT PRINTING OFFICE WASHINGTON : 2003 ____________________________________________________________________________ For Sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; (202) 512�091800 Fax: (202) 512�092250 Mail: Stop SSOP, Washington, DC 20402�090001 COMMITTEE ON SMALL BUSINESS DONALD A. MANZULLO, Illinois, Chairman ROSCOE BARTLETT, Maryland, Vice NYDIA VELAZQUEZ, New York Chairman JUANITA MILLENDER-McDONALD, SUE KELLY, New York California STEVE CHABOT, Ohio TOM UDALL, New Mexico PATRICK J. TOOMEY, Pennsylvania FRANK BALLANCE, North Carolina JIM DeMINT, South Carolina DONNA CHRISTENSEN, Virgin Islands SAM GRAVES, Missouri DANNY DAVIS, Illinois EDWARD SCHROCK, Virginia CHARLES GONZALEZ, Texas TODD AKIN, Missouri GRACE NAPOLITANO, California SHELLEY MOORE CAPITO, West Virginia ANIBAL ACEVEDO-VILA, Puerto Rico BILL SHUSTER, Pennsylvania ED CASE, Hawaii MARILYN MUSGRAVE, Colorado MADELEINE BORDALLO, Guam TRENT FRANKS, Arizona DENISE MAJETTE, Georgia JIM GERLACH, Pennsylvania JIM MARSHALL, Georgia JEB BRADLEY, New Hampshire MICHAEL MICHAUD, Maine BOB BEAUPREZ, Colorado LINDA SANCHEZ, California CHRIS CHOCOLA, Indiana ENI FALEOMAVAEGA, American Samoa STEVE KING, Iowa BRAD MILLER, North Carolina THADDEUS McCOTTER, Michigan J. Matthew Szymanski, Chief of Staff and Chief Counsel Phil Eskeland, Policy Director Michael Day, Minority Staff Director (ii) C O N T E N T S ---------- Witnesses Page Sega, Dr. Ronald, Department of Defense.......................... 5 Hartwick, Dr. Thomas, Advisory Group on Electron Devices......... 6 Howell, Thomas R., Dewey Ballantine LLP.......................... 9 Appendix Opening statements: Manzullo, Hon. Donald A...................................... 18 Prepared statements: Sega, Dr. Ronald, Department of Defense...................... 24 Hartwick, Dr. Thomas......................................... 31 Howell, Thomas R............................................. 79 (iii) IS AMERICA LOSING ITS LEAD IN HIGH-TECH: IMPLICATIONS FOR THE U.S. DEFENSE INDUSTRIAL BASE ---------- THURSDAY, OCTOBER 16, 2003 House of Representatives, Committee on Small Business, Washington, D.C. The Committee met, pursuant to call, at 11:04 a.m. in Room 2360, Rayburn House Office Building, Hon. Donald Manzullo presiding. Present: Representatives Manzullo, Velazquez, Millender- McDonald, Chabot, Sanchez Chairman Manzullo. If we could call the hearing to order. Good morning. Welcome to this hearing of the Full Committee on Small Business. Last year, the Advisory Group on Electron Devices, AGED, A- G-E-D, presented a remarkable document with interesting findings to top officials at the Pentagon. Among other things, the group found that ``offshore movement of intellectual capital and industrial capability, particularly in micro- electronics, has impacted the ability of the U.S. to research and produce the best technologies and products for the nation and the war fighter''. Those of you who know me know I have been saying this for some time now. Fortunately for America, we have people like Dr. Hartwick, who are acknowledged leaders in science and technology industry and who volunteer their time to advise us of such issues. We also have two other distinguished visitors and guests and I am really looking forward to their testimony. Please do not lose us in the technicals of all of this. Ironically, other key authorities in the technology world have echoed this message since the AGED briefing. At one of our Subcommittee hearings a few months ago, the director of Microphysics Laboratory at the University of Illinois, Chicago testified that the U.S. military has become almost entirely dependent on foreign sources of materials, components and production equipment used for the manufacture of night vision infrared devices. Defense Department witness was unmoved by this and felt no threat to supply, even though production was coming from France. What disturbs me, however, is that the same French company that supplies our military also sells to the Chinese and we ask ourselves: How could this not be a significant factor in maintaining our tactical edge in war fighting? Another example comes from Henry Kissinger, who recently stated, ``If outsourcing continues to strip the U.S. of its industrial base and the act of getting out or developing its own technology, then we will require a careful thought on national policy''. Friday's front page of the Washington Post Business Section headlines read, ``Intel Chairman Says U.S. is Losing Edge''. Andy Groves said that, ``The software and technology service businesses are under siege by countries taking advantage of cheap labor costs and strong incentives for new financial investment.'' ``While some would concede we have already lost our edge in manufacturing, what would we do if we lose our leadership role in software and services?'' This is Andy Grove saying this, one of the founding fathers of the new economy. The next quote, because it is the crux of the issue he states, ``He is torn between his responsibility to shareholders to cut costs and improve profits and to U.S. workers who helped build the nation's technology industry, but who are now being replaced by cheap labor.'' He asked for the government to help decide the proper balance between the two, otherwise companies will focus only on stock price. This is why support for the Crane-Rangel-Manzullo- Levin bill is so critical. It is one piece of the puzzle that helps manufacturing companies decide to keep jobs here. Yet another group of advisors has the same concern. The President's Council of Advisors on Science and Technology, PCAST, recently announced that the Asian semiconductor market surpassed the U.S. in 2001 and is expected to further widen the gap. More strikingly, they found that R&D design capabilities are moving overseas, including China, along with the production at an increasing rate. One main concern is that ``the proximity of research, development and manufacturing is very important to leading edge manufacturers.'' It is the link between R&D and manufacturing that drives successful innovation. The implication for the U.S. then is an acknowledgement that our high-tech leadership is not automatic and a loss of that leadership, ``would have serious implications for the nation's economy and living standards.'' I wish we had the chairman of this PCAST Subcommittee here for this hearing, but George Scalise is in Europe right now giving speeches on this very topic. For those of you that do not know, Mr. Scalise is also president of the Semiconductor Industry Association. I can go on with examples, but I will end with this one. A recent study by the National Academy states that the semiconductor ``plays a crucial role in ensuring U.S. national security by allowing it advances in the capability of new devices and new applications for national defense. Preserving unencumbered access to the world's most advanced technology may provide no guarantees, but allowing the nation's technological edge or independence to slip away would be hard for future generations to understand.'' Mr. Howell was the co-author of that study. Future generations notwithstanding, here is what I and other members of the Committee find hard to understand: About three months ago this Committee held a hearing to discuss the vulnerability of our defense industrial base, due to offshore manufacturing. At that hearing, Suzanne Patrick, Deputy Under Secretary for Defense Industrial Policy states, ``Despite the downturn in the U.S. economy, the defense industrial base is healthy, innovative and responsive.'' She also said that the defense industrial base does not need to be revitalized and denied that the U.S. defense systems are vulnerable due to foreign dependencies. How is it then with so much mounting evidence, that the Defense Department cannot, will not acknowledge that our procurement process continues to foster an increasing vulnerability and dependency on foreign sources? That is what we do not understand and that is one of the main purposes for this hearing. We look forward to the testimony of each of our witnesses. [Mr. Manzullo's statement may be found in the appendix.] Chairman Manzullo. It is my pleasure to introduce to you and yield to our ranking minority member, Congresswoman Velazquez---- Ms. Velazquez. Thank you Mr. Chairman. Chairman Manzullo [continuing]. From New York. Ms. Velazquez. Thank you. Chairman Manzullo. And the Cubs lost and you guys are still in. Ms. Velazquez. That is right. I am sorry for you. Chairman Manzullo. Yes. Thank you. Ms. Velazquez. Earlier in the year the Committee looked at trends in the technology sector and the challenges facing this industry. Sadly we found that many of the existing problems in the tech world mirrored those felt by the manufacturing sector. This is not surprising, since the manufacturing and technology sectors are closely linked. What affects one sector will eventually affect the other. The research and development that promotes technological advancement depends heavily on production. If manufacturing jobs are moved overseas, our strong innovation process will follow. It is unfortunate that this sector, along with the U.S. economy, is now suffering, too. In the past two decades small businesses have become the dominant employer of high-tech innovators and produce 55 percent of all new technological developments. However, from January 2002 to December 2002, nearly half a million jobs were lost in the technology sector. One critical concern for our nation's small tech firms is that the environment must be conducive to foster a strong domestic defense industry base. Readiness and access to cutting edge technology are necessities in regard to the U.S. defense industry and our national security. As we recently found in the war with Iraq, many times Americans do have to turn to foreign countries for assistance and as we have experienced with France, it is not always easy. That is why the U.S. should not have to depend on countries overseas for military assistance. We need to have a secure base right here. A strong defense base is crucial for U.S. economic and military security, yet we are hearing contradictory statements about its liability. During a hearing this summer, the Department of Defense stated that its current policies do not have a negative effect on our economy or threaten our national security. However, a recent report by the DOD Advisory Group on electron devices found the opposite. They reported that the outsourcing of the U.S. technology sector has had a negative impact on our ability to research and produce the best products for our nation. The reports said that DOD now has to obtain a majority of cutting edge technologies from overseas, giving those countries a political and military advantage. The AGED report also claims that the Department of Defense must take immediate action to preserve our position as a leader in technological advancement and to counter the decline of the U.S. electronics and technology sector. To compliment the report, the President's Council for Advisors of Science and Technology, PCAST, Subcommittee on Information Technology Manufacturing and Comparativeness recently warned that by outsourcing the tech sector abroad, our country will risk losing its innovation, strength for design, research, development and creation of new products. Much of this outsourcing has been in the semiconductor industry. This industry is key to the U.S. manufacturing sectors' vitality and strength. In 1999, it posted $102 billion in sales and accounted for half of the world market. In addition, it is the cornerstone of the $425 billion U.S. electronics sector. Continued outsourcing and decline in the semiconductor industry will create a ripple effect. It will eventually leave small high-tech firms struggling for business and our nation's domestic defense base weak. By shifting semiconductor manufacturing overseas, we are hindering our nation's role as a leader in technological research and development. Today's hearing will us to examine how outsourcing these vital sectors are affecting U.S. competitiveness. The weakening of our technology industry can have detrimental affects on both national and economic security. Policies need to be in place that would allow not only the manufacturing and technology sector to flourish, but also our nation's small high-tech firms so that we can remain a leader in the world market. Thank you, Mr. Chairman. Chairman Manzullo. Thank you. We have been advised that there will be two votes some time between 11:30 and 12. We are going to proceed. I am going to give each of the witnesses eight minutes. So much information, so little time. Then just bear with us and we will have the votes and then we will be coming back for questions or concluding testimony. Our first witness is Dr. Ronald Sega, Director, Defense Research and Engineering, Department of Defense. The confusion was, I want to go in the order that the witnesses were listed on the list here, because you have a right to follow that order on the testimony. I had the opportunity to meet with Dr. Sega. He is an astronaut. Has been up twice on space shuttles. Long extensive background in defense research, academia, government service, Ph.D. in electrical engineering, Major General in the Air Force Reserves, a tremendous background and we look forward to your testimony, Doctor. STATEMENT OF DR. RONALD SEGA, DIRECTOR, DEFENSE RESEARCH AND ENGINEERING, DEPARTMENT OF DEFENSE, WASHINGTON, D.C. Mr. Sega. Thank you, Mr. Chairman and members of the Committee. I appreciate the opportunity to appear before you today. As Director of Defense Research and Engineering, I have oversight responsibility of the Department's investments in basic sciences, applied research and technology development and demonstration programs. These research and development activities are performed by universities, government laboratories as well as by small, medium and large businesses. The over arching guidance of the Department of Science and Technology investment strategy is a collaborative product of the Office of the Secretary of Defense, the Joint Staff, our Combatant Commanders, Military services and the Defense agencies that have been developed in a direct response to the needs of our war fighter. Advanced electronics are critical to the Department. In fact, it is one of the 12 major elements of the Defense technology area plan and one of the ten major research areas of the basic research plan, which I could go into later. In FY 2003, the Department invested $678 million in electronics S&T and $106 million in electronics basic research. When combined with our related S&T investments for sensors and electronic warfare, this investment totaled approximately $1.9 billion. Overall this funding was nearly 20 percent of the Department's total S&T investment for FY 2003. I would like to now touch briefly on some external sources of information used by the Department of Defense. Recommendations from various groups, such as the Defense Science Board, Navy Research Advisory Committee, Army Scientific Advisory Board, Air Force Scientific Advisory Board, National Research Council, JASONs and the Advisory Group on Electron Devices (AGED) are important sources of information for us. On a routine basis, leaders from industry and industrial professional organizations, in fact Mr. Scalise was in our office here within the last month, these are spanning small business to large corporations, meet with my staff and me to discuss their plans and provide the recommendations on where technology opportunities and challenges may exist. We also obtain input from leading experts and academia, various professional societies, trade groups, industry associations as we strive to remain more informed as to the state-of-the-art and emerging S&T trends. Inputs from all of these sources are important in formulating the Department's S&T's strategy to meet war fighter needs. Key to defense technology leadership is an innovative and robust science and engineering work force within our defense laboratories and those that support the defense base. I will talk a little bit more about them. There has been one office that we have added to the office of Director of Defense Research and Engineering since I have been there and that is the Deputy Under Secretary Defense for Laboratories and Basic Sciences. The individual is not only of Laboratories, but also my Deputy, DDR&E and that is Dr. John Hopps. Where is Dr. Hopps? He is responsible for the oversight of our laboratories, basic sciences, university programs and work force that we will now into the future. Extensive background in academia at Ohio State, research at Draper Labs, National Science Foundation background and recently provost at Morehouse. This is an area of tremendous importance to me personally and to the Department of Defense. We are making important investments, new investments in secondary and undergraduate science and engineering education in order to help ensure an adequate national S&E work force for DOD needs. We have increased the Department's graduate fellowship stipends and number of awards in order to attract the best and brightest U.S. scientists and engineers. Additionally, we are working to make employment opportunities within our laboratories more attractive to the nation's most talented scientists and engineers. Many new educational initiatives that I just mentioned are electronics related. Our secondary and undergraduate curriculum initiatives emphasize material science and engineering, fields that are critical to the technology advances in electronics. For example, a new undergraduate research initiative, in that initiative we are making investments in a leveraged, collaborative program with the Semiconductor Research Corporation, with a focus in electronics. Another component of our undergraduate research efforts is being made in collaboration with the National Science Foundation in the research experiences for undergraduate program. In closing, I appreciate the opportunity to come before you to relate to you our commitment to retaining U.S. leadership in those sciences and technologies that are critical to maintaining our war fighting superiority. Thank you, Mr. Chairman. [Dr. Sega's statement may be found in the appendix.] Chairman Manzullo. Thank you, Doctor. Our next witness is Dr. Thomas Hartwick, high technology specialist for commercial and aerospace business. Been in the business for 45 years. That is your bio. Hands-on experience, strategic planning, involvement in numerous professional activities, numerous boards including IMEC, very extensive background professionally, including business and education, academia. It is a real honor also to have you with us today, Dr. Hartwick and we look forward to your testimony. STATEMENT OF DR. THOMAS HARTWICK, CHAIR, ADVISORY GROUP ON ELECTRON DEVICES (AGED) Mr. Hartwick. Thank you, Mr. Chairman. Chairman Manzullo. If you could pull the mike down and closer to your mouth there. Mr. Hartwick. How is that? Chairman Manzullo. That sounds good. Thank you. Mr. Hartwick. Mr. Chairman, Ms. Velazquez, my name has already been stated. I am a self-employed, high-tech guy. I will give you the high-tech view. My background roughly splits up like this: I spent the past decade serving on boards and committees in the public and private sector. I fly on a lot of airplanes from coast to coast. I am tired. The four previous decades I spent in aerospace general management in research, project management, strategic planning, manufacturing, running a P&L organization, which is a very painful experience. The testimony is solely my own, but I believe it fairly represents a broad cross section of the professional and business high-tech community, both in private and public sectors. I represent only myself today. My main message today from the high-tech community is that we believe immediate government action is needed to address the offshore manufacturing problem. That is our point of view. My focus here is on high-tech business, because as has already been stated by the Chairman and Ms. Velazquez, it is the core of new DOD systems and entirely new mega-billion dollar industries, like chips or television. The high-tech community is most worried about the national trend for break up of clusters. I call these enterprise centers to be clear. I coin a new phrase and define it as a complexity of university, small business and manufacturing entities. So they form together a working relationship. The movement of manufacturing plants offshore breaks up these clusters and destroys the infrastructure for new business and new products. In the past, this has occurred over a very long time period. For television, it took 40 to 50 years until all the plants around Chicago closed their doors. For flat panel displays about 20 to 25 years before active matrix LCD's went overseas. For chips, ten to 15 years and we are seeing it accelerating now. My point is, the time keeps getting shorter. So for new technologies, we do not have that much time. Without enterprise centers to nucleate and nurture a wide variety of small businesses, foreign companies eventually dominate the business and new product development is constrained and that is our fear. Let me explain. In creating new products, there is a sequence of events. You first have to innovate. That is the conceptual part where the light bulb goes off. Then you have to design and do a prototype fab. But you have to establish the manufacturing process to create that device. If you do not, then you cannot produce items for sale. If these steps are constrained within a single company, like was done in much of the end of this century, it is okay. It works. If it is confined within the enterprise center, the system works. If you do not do this, then the inventions often end up on the cutting room floor, because you cannot manufacture them. That is our concern. Sure, some businesses can employ remote design and we hear a lot of talk about virtual companies and remote design, but those are now generation devices. They are not cutting edge, new devices that nucleate entire industries. This is all anecdotal information and it does not accurately capture what I call the pervasive and insidious nature of enterprise center break ups. I think it takes more detailed analysis to really understand them and to understand the impact, particularly the time cycle and then to create a national strategy to prevent future loss. It is like the Titanic. You have to get on the problem early, in order to get a desired result. I worry about that for new technologies like nanotechnologies, you have probably heard about and MEMS technologies, this is a MEMS product from our Sandia Labs, if you would like to see it. A little chip that is really a machine. These are the technologies that are most fragile right now. National security Products parallel this commercial development, except for two differences. The first difference is that product security is difficult to maintain. Classified products are important to the national security enterprise and we must maintain that classification. It is difficult to do in a foreign environment. Now we have most of our chips made offshore and the government is hard pressed to ensure future supplies of cutting edge technology. Second, the cutting edge technology that we use in government designs are difficult to produce on demand in a commercial plant. Why? Because the commercial plant runs product to create profit and if you just run a few products for the government, then you interrupt the production lines and it does not work. So there are two reasons why defense is different. The Advisory Group on Electron Devices has cited these issues and they have called for prompt action. Special arrangements can be made with domestic suppliers, but these are band-aid solutions, which our government can put in place for the time being. We need a long-term national strategy to reverse the trend. It is the trend that is important. Other examples of technologies that might fit in this category are MIMICS, these are microwave chips that fit in your cell phone. Everybody has. We dominate this industry now, but it could go offshore if we are not careful and uncool night vision devices are becoming more of a commodity today. My message is: It is time for action in the U.S. to prevent this foreign dominance and it cannot be from the standpoint of big business or small business or national security. It has got to be complete solution that meets all needs. I humbly submit, I guess that is the proper way to phrase it, two suggestions. I think we need an enterprise study. Mr. Howell here and the Academy has turned out a big report like this. I have another one in my briefcase that is the same size and these studies try to teach us that we have a problem. I know we have a problem and I believe we need studies to quantify the problem and prioritize the areas that actions need to be taken on. The second suggestion is a keep one strategy as a band-aid approach. I think we would be derelict in our duties if we did not ensure at least one on-shore manufacturing organization to handle each of these technologies, both now and into the future. I advocate a keep one strategy. Thank you very much. I appreciate the ability to express these views. I will take any questions you have. Thanks. [Dr. Hartwick's statement may be found in the appendix.] Chairman Manzullo. Thank you. Our next witness is Thomas Howell, with Dewey Ballantine, an international trade group. He is an attorney, a long history of being involved in major trade cases and disputes and we look forward to your testimony. STATEMENT OF THOMAS R. HOWELL, PARTNER, DEWEY BALLANTINE, LLP, WASHINGTON, D.C. Mr. Howell. Thank you, Mr. Chairman. I should say that I am appearing to you today as a co-author of this National Academy study and I am speaking on my own behalf and not on behalf of a client or on behalf of the Academy. U.S. high technology manufacturing is moving offshore. Let me illustrate that with a few figures, based on semiconductor consumption. The semiconductors are the ubiquitous core of high-tech machinery and a rough bench mark of where high-tech manufacturing is occurring can be gleaned by looking at what parts of the world semiconductors are being consumed. So in other words, where are they being actually insert into systems. As recently as 1997, the U.S. accounted for 33 percent of global shipped consumption. That meant one-third of all the devices were being put into high-tech systems right here in the United States. Asia Pacific accounted for 22 percent. Now Asia Pacific does not include Japan. That is China and the surrounding countries, but not Japan. Five years later, by 2002, those ratios had completely reversed. Asia Pacific consumed 36 percent of the world's chips. The United States 22 percent. By 2005, the U.S. share is going to shrink to 18 percent and Asia Pacific's share will grow to 40 percent and is accelerating. That shift has been driven by China. As recently as 2000, China accounted for only seven percent of global chip demand. Two years later in 2002, that figure had more than doubled, to 15 percent and that is still increasing. Currently, the U.S. industry in terms of production of chips leads. We have 50 percent of the world's market and 77 percent of all U.S. owned semiconductor manufacturing is still located right here in the U.S., but the trend, as we know, is not favorable. The capital investment in new facilities in the U.S. is dropping as a share of world investment. The capital equipment shipments to sites in the U.S., such as semiconductor production equipment, right now account for only about 25 percent of the world's shipments. The investment is declining here and it is increasing abroad. That is the offshore trend that we are all concerned about. The challenges that are emerging to U.S. leadership in microelectronics are in all cases government driven. This is not just an evolution of factor advantages in other countries. These reflect deliberate foreign policies. They take two forms I could call leadership and close-followership strategies. Japan and the European Union are pursuing leadership strategies. They are aimed at overtaking the United States in microelectronics technology. They are putting a lot of money into big joint R&D projects aimed at developing leading edge commercial technologies. Interestingly too, in both Japan and Europe the governments are putting a lot of money into building state-of-the-art fabs within their own geographic zones. In Japan, the project is called the All Japan Foundry Project. In Europe, there are government funded state-of-the-art fabs in France and Germany that will keep some state-of-the-art manufacturing capability there and there is significant government money going into those foundries. More interesting and more of a challenge to us are what I would call a close-followership strategy. That is where governments abroad do not seek to overtake the U.S. leadership in technology, but instead to integrate the operations of their own industries with those of our companies. Taiwan was the most successful practitioner of this strategy, but it is now being emulated by Malaysia, Singapore, Thailand, Israel and most significantly China. The reason close-followership is more of a challenge is actually the functions these countries are assuming in our own production processes are being offshore and that is what is drawing our manufacturing overseas. At least in semiconductors, this movement offshore is not being driven by comparative costs. The fact is there is not much of a labor cost component to manufacturing in this industry. The cost differentials between manufacturing chips in the U.S. and chips in China or Taiwan are not that dramatic. Other factors are at work. I will just cite a few of them. First, there is the advent of foundries. The capital costs and the risks associated with investing in state-of-the-art semiconductor manufacturing have become staggering. They are prohibitive for all but a handful of companies. It costs now two to three billion dollars to build a state- of-the-art fab and it is going to cost ten billion, 15 billion as we move ahead technology. The foundry model has enabled foreign countries to say essentially do not worry about those costs and risks. We will assume those ourselves. We will make the chips for you. You give us your designs. You give us the technology and we will do it all here. All you have to do is pay a service fee. The practice began in Taiwan, but it is now spread to Singapore, Malaysia, Israel and most recently China. More and more U.S. semiconductor firms are fab-less. That means they outsource all their designs to foundries in Asia. Others are fab-lite, which means they are using foundries as a significant part of their total production. Significantly, I am not aware of a foundry anywhere in Asia that does not enjoy significant government support, although those things are being built with either government equity participation or with large loans from government banks and in some cases both. Then there is tax policy. The most successful foundries in the world are in Taiwan. TSMC and UMC, they control currently about two-thirds of semiconductor foundry manufacturing. The government of Taiwan has implemented taxes which ensure that those companies essentially pay no taxes. They operate at a tax-free environment year-after-year. In fact, reflecting accumulated credits during most recent years, TSMC has a higher after tax income than a pre-tax income reflecting the accumulation of tax credits from prior years. China is basically copying this policy now, virtually identical in its own high-tech zones in China. There are incentives to individuals. One of the key advantages that TSMC and USMC in Taiwan enjoys is they can attract and hold many of the best and brightest quality managers and engineers. One important factor here is the tax treatment of individual compensation. The people that work for these companies receive stock or stock options and compensation. It is taxed at par value, which could be like one Taiwan dollar; whereas the market value may be $100 or many multiples of the face value. The only tax they pay is on that face value and when they sell those, exercise the option to sell the stock, there is no capital gains tax. That is pure income to them. In the competition for skilled managers and engineers, those companies have a dramatic edge, because they can offer really the opportunity to get rich quickly working there. Significantly, China is replicating this policy as well on a larger scale in China. Finally, there is China's preferential value-added tax. In 2000, the Chinese government established a preferential rate of value-added tax, which basically said that while any imported device must pay a 17 percent VAT at the border upon entry into China, anything that is domestically manufactured in the semiconductor industry or designed, pays an effective VAT of only three percent. So in other words, the differential VAT operates like a tariff and as a result, many foreign investors have rushed into the Mainland to establish fabs inside of China to take advantage of this tax preference. At present, roughly 20 Taiwan owned fabs have begun operation or are under construction on the Mainland. They are all foundries and they are taking advantage of this VAT preference. All these factors are combining to produce a shift in investment to Asia and within Asia to China. It is a problem for us. The prospect of this manufacturing is moving to China means that ultimately the design function will migrate as well. There is a gravitational pull being exerted now by the shift of manufacturing and ultimately, the university infrastructure that is needed to support the whole infrastructure. My recommendations are first that the U.S. government should enforce the WTO commitments China has made against their preferential value added tax. We ought to consider in our own tax policies the tax holidays that are available abroad and we should significantly increase federal spending on university based R&D here to keep the talented people and cutting edge research going on within our own borders. Thank you. [Mr. Howell's statement may be found in the appendix.] Chairman Manzullo. So much information. I have several questions, but before that, Dr. Sega, could you take one or two minutes and explain to the folks here what you did in our office? The four departments that you explained that are involved in your organization. I want the folks here to get a broader understanding of the exact nature of the position that you hold. Could you do that for us? Mr. Sega. Yes. Chairman Manzullo. You introduced one of your----. Mr. Sega. Yes, and one of those was the Laboratories and Basic Sciences. This is within the Office of Director of Defense Research and Engineering and we have the oversight over the basic, applied and advance research. The second office is Deputy Under Secretary Defense for Science and Technology. Dr. Charlie Holland has the oversight of that office. The third is that of Advance Systems and Concepts. The Deputy Under Secretary Defense is Sue Payton and there is a Director of Plant and Programs, Mr. Al Schaffer and we also have in the office oversight of DARPA and the director is Dr. Tony Tether. Chairman Manzullo. Then how many people work under you? Mr. Sega. In the range of 40. Chairman Manzullo. Okay. I needed that so we could get a broader understanding of the depth of what you are involved in. We have a couple of lines here going at the same time. Dr. Sega who is in charge of the core research and then at the same time talking about the core research, a lot of the components of it are coming from overseas. I guess my question to you, Dr. Sega, in terms of what you do, do you get involved in the source of supplies, studies, materials, et cetera as Director of your department? Mr. Sega. No, sir, I do not. Chairman Manzullo. So that is outside your field? Mr. Sega. Yes, it is. Chairman Manzullo. I guess my question here would be and I appreciate that, my question here would be to the other two witnesses. To what extent is our military capability imperiled by the off-shoring of the semiconductor industry? We have heard a lot of numbers, but in terms of what that converts to for military preparedness. Dr. Hartwick, do you want to take a stab at that? Mr. Hartwick. I would suggest that we are not imperiled today. I cannot speak for the Department of Defense and AGED, because I am representing only myself, but the context of our work was in the trends in the future. The trends are clear and the breaking of the linkage between the fine research that is done in Dr. Sega's organization and ultimately getting that device or product into a manufacturable state is our concern. Currently, we have enough on-shore facilities, but that is rapidly changing. So the point is, the rapidity of the change and what it means three and four years from now. To build a new military system takes anywhere from five to ten years. You must act now in order to prepare yourself for these changes. That is our concern and that was the concern of our forum that you have cited. Chairman Manzullo. What do you do? Mr. Howell, you have some tremendous insight and studies as to what the foreign nations are doing, but where do we go from there? At what point do we lose critical mass? Mr. Hartwick. Yes. Chairman Manzullo. And then what do you do about it? Mr. Hartwick. The organizations that are going to hurt first are the ones that really require cutting edge technology, that is the surveillance intelligence agencies. They hurt first. They must put band-aid solutions on this. They must make deals to have government product in the case of chips run in the same manufacturing lines as commodity chips. The government must ante up, because they are interrupting the flow of high profit commodity chips on these lines. The government, near term, must make deals, band-aid solutions to ensure we have that product coming through three and four and five years from now. Chairman Manzullo. Ms. Velazquez? Ms. Velazquez. Thank you, Mr. Chairman. Mr. Hartwick, an article published by Manufacturing and Technology News on May 16, 2003 stated that the AGED panel was told to stop briefing military officers, other government agencies and Congressional staff on the conclusion of its report. Can you confirm if this occurred? Mr. Hartwick. Yes, it did occur. Ms. Velazquez. Why do you believe it did? Mr. Hartwick. I do not have any idea. Ms. Velazquez. Can you expand a little bit more on that? Mr. Hartwick. We had a turnover of management with Dr. Sega's shop at that time. I believe that that may have had an influence on that decision. From my perspective, each briefing that we gave in briefing our results was extremely well received. We only briefed when we got a briefing request. We solicited no briefings. Each briefing was well received. I was puzzled by the directive to stop briefing just as you are. Ms. Velazquez. That directive came from? Mr. Hartwick. It came from Dr. Eisenstadt, who is a third tier down from Dr. Sega. Ms. Velazquez. Mr. Sega, do you have any comment on that question? Mr. Sega. The briefing that I received and unfortunately it was a brief time because of a delay in an airplane I believe on the 19th of November of last year from Dr. Hartwick, was the result of a forum that was conducted. In fact, I was the keynote speaker at the forum. A good exchange of folks and ideas and so forth at the meeting and the briefing was presented to me. There is some great content in the briefing. Now, we need to make a decision on these briefings whether that they are as the AGED process is a direct report of industry group to me whether or not the advice being provided for making planning and policy kinds of determinations, whether the document is for official use only, is classified, is to go through a formal release process. To go through a formal release process in the Department of Defense, then it is submitted per the Directorate of Freedom of Information and Security Review in the department and is cleared for open publication and then one goes forward. During our meeting, the next step was to visit with Mr. Al Schafer, who heads up the office of plans and programs and take a look at this information and see where we should go from it. It has good information in it. It was not annotated if you will as a briefing. It did not have references. Ms. Velazquez. Dr. Sega----. Mr. Sega. What the decision----. Ms. Velazquez. You got the report a year ago, right? Mr. Sega. Yes. What it is, is the document is an official use only document. It is not cleared for public release. Ms. Velazquez. Why is it not cleared for public release? Mr. Sega. It was my determination. Ms. Velazquez. Who paid for it? Mr. Sega. Excuse me? I did. Ms. Velazquez. The government. Mr. Sega. Yes. It is historically not unusual for some of AGED reports and I do not know if we have that here, to be for official use only. The purpose of the advisory group is to provide advice. It is roughly half-and-half government folks and those that are from outside of the Department of Defense, but are acting in a government consultant status to provide advice. Ms. Velazquez. Okay. Mr. Sega. In terms of being able to present it to staff, to Congress and official use only forum, that from my perspective, that was always fine. Ms. Velazquez. Are you trying to tell me that you never released reports? Mr. Sega. We never cleared it for open, unlimited distribution. That is a correct fact. Ms. Velazquez. Are you planning to release the report? Mr. Sega. No. Ms. Velazquez. Why is in the report that you do not want the public to know or members of Congress? Mr. Sega. The----. Ms. Velazquez. The report basically is a call for action. It is a national plan of action to counter the decline of U.S. electronics manufacturing and technology. Mr. Sega. As I said, the recommendations and the observations and there are many of which are very, very good and we have applied those and taken actions on many of those. The group provides advice, in this case to the Director of Defense Research and Engineering. Distributing of the information is found in this government product, an official use only basis and we had those restricted to AGED reports in the past to government agencies and contractors. It is providing good advice to us. Now without annotation, without references and without a dissenting thing of reviews, it is key to have it briefed by somebody, if you will and provide the appropriate caveats and provide additional background. By itself, we felt that it was not appropriate to distribute it for unlimited distribution. Ms. Velazquez. I do not get it. I just do not understand why after a year and cleaning it up you cannot release this for public consumption or even for us, members of Congress. We legislate. Mr. Sega. Yes. It is absolutely fine. Official use only documents are provided and they have been provided. Ms. Velazquez. Okay. Mr. Sega. This document in particular to Congress and staff. It is only the unlimited distribution that has been restricted and it never went through the clearance process for doing that, because it was determined to be more appropriate as an official use only document. Ms. Velazquez. Doesn't it pose a national security problem? Mr. Sega. We classify things----. Ms. Velazquez. Dr. Sega, from a security standpoint, are there any domestic industries that the Department of Defense believes the U.S. needs to protect? Mr. Sega. The question you asked is outside of the purview of the Director of Defense Research and Engineering. If I can give you an example of an area once identified of a shortage, where we do have oversight, one of those is in terms of Title III. Let me give you two examples of the Defense Reduction Act Title III. Gallium Arsenide is an electronic device and it is used in military applications, such as radars and smart weapons and electronic warfare systems. Under the stressing performance environments associated with these systems, it provides an advantage in terms of speed, power consumption, performance, reliability, not achieved in the silicon-based technology. This is an example from the past. The Department supported the development of Gallium Arsenide technology for a number of years, even before there was a significant commercial application. When it became apparent that the long-term viability of U.S. wafer supply base was in doubt, the Department established the program under Title III of the Defense Reduction Act. Ms. Velazquez. Okay. Now----. Mr. Sega. During the 1990's--can I--no? Ms. Velazquez. That is good enough. I just would like to ask you: After hearing from the other two witnesses, have you revised any of your opinions on the state of the defense industrial base in this country? Mr. Sega. The purview of my job is to look at the science and technology base. We are concerned about bringing forward the best technology for the war fighter. We stay in close contact and I think it is important to do that from day one all the way through the lifetime of a weapons system with the users, the acquisition community, which is the part that involves manufacturing and industrial base and with those in logistics. So technology, acquisition, logistics and users are working together to make this effective from day one all the way through and different parts have a lead at different times through a weapons system's lifetime. So we get that information from them. It is a collaborative area, but it is not one that I have responsibility for. Ms. Velazquez. Mr. Howell. Dr. Howell. Mr. Howell. Mr. Howell. I am a Mister. Ms. Velazquez. Yes. Would you like to comment on that? Mr. Howell. Most of my work has been on the civilian side of microelectronics and I do not know the ins and outs of the military applications that have been given. The original question I think was when do we reach a tipping point where our national security begins to be jeopardized by the offshore movement of manufacturing. I think that different people can have different answers to that, but I think the tipping point may be and this is not just my view, I think it is the view of many people in the community, it is when the best graduates from schools, graduate schools of electronics and integrated circuit design and so on, find that the opportunities are not here any more. The best opportunities for the best people are abroad and they start moving abroad. At that point, it becomes very hard to retain the capability that we need really in this sector. I do not know how that ripples down exactly to the military sphere, because I know that generally it takes so long to design and insert these kinds of devices into military systems and it would take a number of years before that would reverberate into the security area, but it would if it is a long-term trend. I think right now the state-of-the-art manufacturing is here. The best design talent is here. The best universities are----. Chairman Manzullo. Let me interrupt you. Did you have a comment you wanted to make, Dr. Hartwick? Mr. Hartwick. No, I am fine. Chairman Manzullo. Okay. Let me conclude here because we have to go vote. We have been holding a series of hearings on the nature and state of our manufacturing base in this country. I find the testimony of each of you to be intriguing, yet extremely distinctive. You are talking essentially in I don't want to say three different spheres, but I would like to do is to work with the three of you. I think we all agree here that we have to begin to formulate policy to make sure that the United States keeps its cutting edge technology, has the ability, but to keep that here at home. I think the three of you agree with me on that. You come from three different perspectives. Three different backgrounds. If you would be willing to work with us, as part of I don't want to call it a national manufacturing strategy, but we are seeing comments from people like Andy Grove from Intel, who is just begging this Congress for leadership in order to make sure that we maintain these strategic advantages at home. It has been an extremely thoughtful testimony and I appreciate it very much. Did you have a question you want----. Ms. Millender-McDonald. Mr. Chairman, thank you so much. I had a classified meeting on transportation so I was running here to try to listen to these distinguished panelists and I know that the topic is extremely critical, especially to California, given the Silicon Valley and its demise. Because of the HB-1 bill that we presented, I am very concerned as to whether we are losing advantage in terms of technology. Again, if there is an opportunity for us to have conversation with them, I would be happy to be a part of that. Chairman Manzullo. Did anyone want to comment on the HB-1? Dr. Hartwick? Anybody? Mr. Hartwick. I don't know what the HB-1 is. Ms. Millender-McDonald. It was providing----. Chairman Manzullo. You could tell they are definite field sciences. Ms. Millender-McDonald. It was to accord persons coming in from other countries to do high-tech jobs here in the United States, because of a lack of personnel for those types of jobs, especially those coming in from India. That is what that bill suggests. While we passed that bill, I was very concerned about that, given that we should have had someone here in the United States who could----. Mr. Hartwick. I would like to respond, if I may. Chairman Manzullo. Sure. Mr. Hartwick. First off, I would be delighted to work with whoever it is that wants to get this problem solved. Chairman Manzullo. Well, it is the four of us now. Mr. Hartwick. I am with you. I would suggest that there is more than three spheres. You see three spheres represented here. There is an education sphere. There is a big business and a small business sphere. The spheres are multiple and the very problem we have is that they do not talk with one another. Ms. Millender-McDonald. Here. Here. Mr. Hartwick. It is time to get them all together. Chairman Manzullo. That is why we are here. You know what? We have to terminate the talk, because we have to exercise our Constitutional obligation to vote. Thank you for coming. The hearing is adjourned. 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