The U.S. Government has always protected scientific and technical information that might compromise national security. Since the 2001 terrorist attacks, the government has widened controls on access to information and scientific components that could threaten national security. The policy challenge is to balance science and security without compromising national security, scientific progress, and constitutional and statutory protections. This book summarises (1) provisions of the Patent Law; Atomic Energy Act; International Traffic in Arms Control regulations; the USA PATRIOT Act; the Public Health Security and Bioterrorism Preparedness and Response Act of 2002; and the Homeland Security Act, that permit governmental restrictions on either privately generated or federally owned scientific and technical information that could harm national security; (2) evolution of federal definitions for "sensitive but unclassified" (SBU) information; (3) Controversies about White House policy directives on federal SBU and "Sensitive Homeland Security Information", and (4) policy options.

The U.S. Government has always protected scientific and technical information that might compromise national security. Since the 2001 terrorist attacks, controls have been widened on access to information and scientific components that could threaten national security. The policy challenge is to balance science and security without compromising national security, scientific progress, and constitutional and statutory protections. This report summarizes (1) provisions of the Patent Law; Atomic Energy Act; International Traffic in Arms Control regulations; the USA PATRIOT Act, P.L. 107-56; the Public Health Security and Bioterrorism Preparedness and Response Act of 2002, P.L. 107-188; and the Homeland Security Act, P.L. 107-296, that permit governmental restrictions on either privately generated or federally owned scientific and technical information that could harm national security; (2) the evolution of federal concepts of "sensitive but unclassified" (SBU) information; (3) controversies about pending Department of Homeland Security guidance on federal SBU and "Sensitive Homeland Security Information" (SHSI); and (4) policy options. Even before the terrorist attacks of 2001, federal agencies used the label SBU to safeguard from public disclosure information that does not meet standards for classification in Executive Order 12958 or National Security Decision Directive 189. New Executive Order 13292 might widen the scope of scientific and technological information to be classified to deter terrorism. SBU has not been defined in statutory law. When using the term, some agencies refer to definitions for controlled information, such as "sensitive," in the Computer Security Act, and to information exempt from disclosure in the Freedom of Information Act (FOIA) and the Privacy Act. The identification of information to be released pursuant to these laws may be discretionary, subject to agency interpretation and risk analysis. The White House and the Department of Justice recently widened the applicability of SBU. Critics say the lack of a clear SBU definition complicates designing policies to safeguard such information and that, if information needs to be safeguarded, it should be classified. Others say that wider controls will deny access to information needed for oversight and scientific communication. P.L. 107-296 required the President to issue guidance on safeguarding SBU homeland security information, a function assigned to the Department of Homeland Security Secretary in Executive Order 13311; action is pending. Issues of possible interest to Congress include designing uniform concepts and procedures to share and safeguard SBU information; standardizing penalties for unauthorized disclosure; designing an appeals process; assessing the pros and cons of wider SBU controls; and evaluating the implications of giving some research agency heads original classification authority. On February 20, 2004, DHS published a rule to protect voluntarily submitted critical infrastructure information. Some professional groups are starting to limit publication of some "sensitive" privately controlled scientific and technical information. Their actions may be guided by federal policy. This report will be updated as events warrant.

Based on a series of regional meetings on university campuses with officials from the national security community and academic research institutions, this report identifies specific actions that should be taken to maintain a thriving scientific research environment in an era of heightened security concerns. Actions include maintaining the open exchange of scientific information, fostering a productive environment for international scholars in the U.S., reexamining federal definitions of sensitive but unclassified research, and reviewing policies on deemed export controls. The federal government should establish a standing entity, preferably a Science and Security Commission, that would review policies regarding the exchange of information and the participation of foreign-born scientists and students in research.

The national security controls that regulate access to and export of science and technology are broken. As currently structured, many of these controls undermine our national and homeland security and stifle American engagement in the global economy, and in science and technology. These unintended consequences arise from policies that were crafted for an earlier era. In the name of maintaining superiority, the U.S. now runs the risk of becoming less secure, less competitive and less prosperous. Beyond "Fortress America" provides an account of the costs associated with building walls that hamper our access to global science and technology that dampen our economic potential. The book also makes recommendations to reform the export control process, ensure scientific and technological competitiveness, and improve the non-immigrant visa system that regulates entry into the United States of foreign science and engineering students, scholars, and professionals. Beyond "Fortress America" contains vital information and action items for the President and policy makers that will affect the United States' ability to compete globally. Interested parties-including military personnel, engineers, scientists, professionals, industrialists, and scholars-will find this book a valuable tool for stemming a serious decline affecting broad areas of the nation's security and economy.