13 January 2009

Changes Sought in U.S. Export-Control Rules, Immigration

Cold War restrictions hurt nation’s competitiveness, a report says

A photographer films a display of U.S. military and dual-use technologies sought by some foreign nations and terrorist organizations.

Washington — Many U.S. export and immigration restrictions designed to prevent the transfer of sensitive technologies and scientific advances should be changed or scrapped because they harm U.S. national security and economic prosperity, a new report says.

The report, issued January 8 by the National Academy of Sciences, says reform of high-tech export controls and visa policies regarding scientists and engineers is overdue.

“In the modern, globalized world of science and technology, restrictions on the flow of information, technology and scientists can negatively impact both U.S. competitiveness and security,” said John Hennessy in a news release from the academy. Hennessy, president of Stanford University, together with Brent Scowcroft, a former national security adviser, co-chaired the panel that prepared the report.

The study says Cold War-era regulations introduced when the United States was a dominant science-and-technology power do little for national security while hampering U.S. innovation and economic competitiveness in a world in which U.S. adversaries are diffuse and technological advances are dispersed among different countries. Also, as the United States increasingly competes with other countries in the global pool of scientific and engineering talents, its undifferentiated immigration policies weaken the competitive edge of its universities and research centers.

The report says U.S. national security and economic prosperity depend on full global engagement in science, technology and commerce. It recommends reforming relevant regulation to make it more “agile and effective.” Decisions to place goods and technologies on the export-control list should be based on specific principles, and controls themselves should have time limits.

The report argues that technology should be deemed eligible for export unless shown by the government to constitute a security risk. The report also calls for eliminating export controls on dual-use technologies — those that can be used for both civilian and military purposes — if such technologies are available without restriction on open markets in other countries.

In addition, the report urges streamlining of the visa process for foreign graduates of U.S. universities with science or engineering degrees who prefer to stay in the country, and extending the duration of stays for science and engineering graduates with advanced degrees.

The authors of the report recommend implementing changes quickly through executive order rather than legislation, arguing that Congress has proved unwilling or unable to deal with the issues in the past. But they acknowledge that eventually legislative reform will be required.

The report is available on the Web site of the National Academies Press.