Secrecy News

CRS on Foreign Scientists in the United States

“The preeminent position that the United States has enjoyed in the life sciences has been dependent upon the flow of foreign scientific talent to its shores,” the National Research Council said in its new report on biosecurity (p. 159).

But onerous visa requirements and so-called “deemed export” restrictions on scientific communications could erode the contribution of foreign scientists to U.S. preeminence, the report warned.

A newly updated survey of foreign scientists and engineers and associated policy questions has been prepared by the Congressional Research Service. A copy was obtained by Secrecy News.

See “Foreign Science and Engineering Presence in U.S. Institutions and the Labor Force,” Congressional Research Service, updated January 3, 2006.

0 thoughts on “CRS on Foreign Scientists in the United States

  1. The current deemed export regulations are not authorized by statute and in any event violate the First Amendment of the Constitution guarantees of free speech. With respect to statute, the Export Administration Act expired on 2001, and the International Economic Emergency Powers Act, on which the Administration relies, does not authorize controls on the transfer of information, and in fact contains a specific exclusion for controls on information in any form. With respect to !st Amendment, in Junger v Daly, the 6th Circuit recognized that export controls constitute a prior restraint on free speech. Other cases have recognized that free speech is not limited to speech between or among US citizens, but that US citizens have the right to say what they will to anyone. While the government may have some authority to control the dissemination of research that it has sponsored, the federal government has no authority to prohibit or license the dissemination of information that is privately held. Someone in the research community needs to stand up to the export control barons of the federal government.

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