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In 2000, Congress mandated annual reports by agency offices of inspector general (IG) on the transfer of militarily sensitive technology to countries and entities of concern; the 2004 reports focused on deemed exports. The individual agency IG reports and a joint interagency report concluded that enforcement of deemed-export regulations had been ineffective; most of the agency reports recommended particular regulatory remedies.22

DOC sought comments from the public about the recommendations from its IG before proposing any changes. The department earned praise for this effort to reach out to potentially affected groups and is currently reviewing the 300 plus comments it received, including those from the leaders of the National Academies.23

On July 12, 2005, the Department of Defense (DOD) issued a notice in the Federal Register seeking comments on a proposal to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to address requirements for preventing unauthorized disclosure of export-controlled information and technology under DOD contracts that follow the recommendations in its IG report. The proposed regulation includes a requirement for access-control plans covering unique badging requirements for foreign workers and segregated work areas for export-controlled information and technology, and it does not mention the fundamental-research exemption.24 Comments were due by September 12, 2005.

Many of the comments in response to DOC expressed concern that the proposed changes were not based on systematic data or analysis and could have a significant negative effect on the conduct of research in both universities and the private sector, especially in companies with a substantial number of employees who are not US citizens.

CONCLUSION

The knowledge-driven global economy compels America to develop and recruit the finest experts available. Our students and our society prospered under a system of higher education and research that was the global leader in the second half of the 20th century. For a half-century at least, the United States has attracted graduate students and scholars from around the world. The system worked to our benefit, and it cannot now be taken for granted.

22

Reports were produced by DOC, DOD, the Department of Energy (DOE), the Department of State, the Department of Homeland Security, and the Central Intelligence Agency. Only the interagency report and the reports from DOC, DOD, and DOE are publicly available.

23

The letter from the presidents of the National Academies may be found at: http://www7.nationalacademies.org/rscans/Academy_Presidents_Comments_to_DOC.PDF.

24

Federal Register 70(132)(July 2005):39976-39978. Available at: http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/05-13305.htm.



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