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Espionage Threats at Federal Laboratories: Balancing Scientific Cooperation While Protecting Critical Information

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Espionage Threats at Federal Laboratories: Balancing Scientific Cooperation While Protecting Critical Information ESPIONAGE THREATS AT FEDERAL LABORATORIES: BALANCING SCIENTIFIC COOPERATION WHILE PROTECTING CRITICAL INFORMATION HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT COMMITTEE ON SCIENCE, SPACE, AND TECHNOLOGY HOUSE OF REPRESENTATIVES ONE HUNDRED THIRTEENTH CONGRESS FIRST SESSION THURSDAY, MAY 16, 2013 Serial No. 113–28 Printed for the use of the Committee on Science, Space, and Technology ( Available via the World Wide Web: http://science.house.gov U.S. GOVERNMENT PRINTING OFFICE 81–192PDF WASHINGTON : 2013 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 COMMITTEE ON SCIENCE, SPACE, AND TECHNOLOGY HON. LAMAR S. SMITH, Texas, Chair DANA ROHRABACHER, California EDDIE BERNICE JOHNSON, Texas RALPH M. HALL, Texas ZOE LOFGREN, California F. JAMES SENSENBRENNER, JR., DANIEL LIPINSKI, Illinois Wisconsin DONNA F. EDWARDS, Maryland FRANK D. LUCAS, Oklahoma FREDERICA S. WILSON, Florida RANDY NEUGEBAUER, Texas SUZANNE BONAMICI, Oregon MICHAEL T. MCCAUL, Texas ERIC SWALWELL, California PAUL C. BROUN, Georgia DAN MAFFEI, New York STEVEN M. PALAZZO, Mississippi ALAN GRAYSON, Florida MO BROOKS, Alabama JOSEPH KENNEDY III, Massachusetts RANDY HULTGREN, Illinois SCOTT PETERS, California LARRY BUCSHON, Indiana DEREK KILMER, Washington STEVE STOCKMAN, Texas AMI BERA, California BILL POSEY, Florida ELIZABETH ESTY, Connecticut CYNTHIA LUMMIS, Wyoming MARC VEASEY, Texas DAVID SCHWEIKERT, Arizona JULIA BROWNLEY, California THOMAS MASSIE, Kentucky MARK TAKANO, California KEVIN CRAMER, North Dakota ROBIN KELLY, Illinois JIM BRIDENSTINE, Oklahoma RANDY WEBER, Texas CHRIS STEWART, Utah VACANCY SUBCOMMITTEE ON OVERSIGHT HON. PAUL C. BROUN, Georgia, Chair F. JAMES SENSENBRENNER, JR., DAN MAFFEI, New York Wisconsin ERIC SWALWELL, California BILL POSEY, Florida SCOTT PETERS, California DAVID SCHWEIKERT, Arizona EDDIE BERNICE JOHNSON, Texas KEVIN CRAMER, North Dakota LAMAR S. SMITH, Texas (II) C O N T E N T S Date of Hearing Page Witness List ............................................................................................................. 2 Hearing Charter ...................................................................................................... 3 Opening Statements Statement by Representative Paul C. Broun, Chairman, Subcommittee on Oversight, Committee on Science, Space, and Technology, U.S. House of Representatives .................................................................................................... 9 Written Statement ............................................................................................ 10 Statement by Representative Dan Maffei, Ranking Minority Member, Sub- committee on Oversight, Committee on Science, Space, and Technology, U.S. House of Representatives ............................................................................ 11 Written Statement ............................................................................................ 11 Witnesses: Dr. Charles M. Vest, President, National Academy of Engineering Oral Statement ................................................................................................. 12 Written Statement ............................................................................................ 15 Dr. Larry Wortzel, Commissioner, U.S.-China Economic and Security Review Commission Oral Statement ................................................................................................. 30 Written Statement ............................................................................................ 32 Hon. Michelle Van Cleave, Senior Fellow, Homeland Security Policy Institute, George Washington University Oral Statement ................................................................................................. 43 Written Statement ............................................................................................ 45 Mr. David G. Major, Founder and President, The Centre for Counterintel- ligence and Security Studies Oral Statement ................................................................................................. 59 Written Statement ............................................................................................ 62 Discussion ................................................................................................................. 104 Appendix I: Answers to Post-Hearing Questions Dr. Charles M. Vest, President, National Academy of Engineering ................... 116 Dr. Larry Wortzel, Commissioner, U.S.-China Economic and Security Review Commission ........................................................................................................... 120 Hon. Michelle Van Cleave, Senior Fellow, Homeland Security Policy Institute, George Washington University ........................................................................... 125 Mr. David G. Major, Founder and President, The Centre for Counterintel- ligence and Security Studies. .............................................................................. 133 (III) ESPIONAGE THREATS AT FEDERAL LABORATORIES: BALANCING SCIENTIFIC COOPERATION WHILE PROTECTING CRITICAL INFORMATION THURSDAY, MAY 16, 2013 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON OVERSIGHT COMMITTEE ON SCIENCE, SPACE, AND TECHNOLOGY, Washington, D.C. The Subcommittee met, pursuant to call, at 3:00 p.m., in Room 2318 of the Rayburn House Office Building, Hon. Paul Broun [Chairman of the Subcommittee] presiding. (1) 2 LAMAR S. SMITH, Texas EDDIE BERNICE JOHNSON, Texas CHAIRMAN RANKING MEMBER ~ngrrns of the mnlted ~tatcs tlous£ of 'R£pftscntatiots COMMITIEE ON SCIENCE, SPACE, AND TECHNOLOGY 2321 RAyeURN House OFFICE BUILDING WASHINGTON, DC 20515-6301 {202) 225-6371 www.science.houSB.gov .Subcommittee on Oversight Espionage Threats at Federal Laboratories: Balancing Scientific Cooperation while Protecting Critical Information Thursday, May 16,2013 2:00 p.m. to 4:00 p.m. 2318 Rayburn House Office Building Dr. Charles M. Vest, President, National Academy of Engineering Dr. Larry Wortzel, Commissioner, U.S.-China Economic and Security Review Commission Hon. Michelle Van Cleave, Senior Fellow, Homeland Security Policy Institute, George Washington University Mr. David G. Major, Founder and President, The Centre for Counterintelligence and Security Studies 3 U.S. House of Representatives Committee on Science, Space, and Technology Subcommittee on Oversight HEARING CHARTER Espionage Threats at Federal Laboratories: Balancing Scientific Cooperation while Protecting Critical Information Thursday, May 16,2013 2:00 p.m. - 4:00 p.m. 2318 Rayburn House Office Building On May 16, 2013, the Subcommittee on Oversight will hold a hearing titled Espionage Threats at Federal Laboratories: Balancing Scientific Cooperation while Protecting Critical Information. The goal is to gain an understanding of how federally-owned-or-operated laboratories balance scientific openness and international cooperation with the need to protect sensitive information from espionage. This hearing will focus on identifying potential deficiencies, best practices, and to ensure sensible federal policies. Witnesses • Dr. Charles M. Vest, President, National Academy of Engineering; • Dr. Larry WortzeJ, Commissioner, U.S.-China Economic and Security Review Commission; • Hon. Michelle Van Cleave, Senior Fellow, Homeland Security Policy Institute, George Washington University; • Mr. David G. Major, Founder and President, The Centre for Counterintelligence and Security Studies. Background The United States has long been the world leader in higher education, science and technology and a magnet for foreign-born scholars, scientists and engineers. Unfortunately, various actors have sought to exploit our openness to steal American ingenuity and innovation. Such thefts can enable nations to save themselves billions in research and development costs and make technological advances they would be unable to make on their own to gain a competitive industrial advantage or modernize their military and other national capabilities. Historically, restrictions focused mostly on technologies with obvious military applications such as nuclear material, cryptography and biological weapons. The goal of American counterespionage was to prevent a potential adversary from gaining such technological 4 advantage, and during the Cold War, it was generally clear what nations should be guarded against. However, the emergence of transnational terrorist actors and the means of communicating information, including technological innovation, via the Internet, has given rise to a far greater, more diverse and global espionage threat. In the United States, there has long been support for a policy of not restricting publication of federally supported research results, except where classified for national security reasons. This position was best expressed in 1985 by President Ronald Reagan in National Security Decision Directive 189 (NSDD-189), which remains the government policy regarding controls on federally-funded research results. The directive asserts that "to the maximum extent possible, the products of fundamental research remain unrestricted."l Fundamental research is defined within NSDD-189 as: " ... basic and applied research in science and engineering, the results of which ordinarily are published and shared broadly within the scientific community, as distinguished from proprietary
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