The Department of State interprets and enforces ITAR, with the goal of advancing U.S. strategic objectives and foreign policy through trade controls.

In other words, ITAR limits certain national-security-related technologies to U.S. citizens and permanent residents, unless the State Department issues a license or exemption that is consistent with foreign policy objectives. Violators can face heavy fines and prison time.

The USML includes satellites, launch vehicles, rockets and propellants, i.e., the things in the space community with which we work. The intent of the government is to protect the things that assure national and homeland security.

However, a new report from the National Research Council (NRC), entitled, "Beyond Fortress America: A review of National Security Controls on S and T Research," issued just three weeks ago has concluded that ITAR is "broken."

In fact, according to this report, export controls that were designed for the Cold War are now undermining national security and national economic wellbeing. The specifics are surprising.

Where the U.S. was once dominant in most areas of science and technology, current export controls now harm national and homeland security. U.S. abilities to compete and innovate are diminished. But, ITAR cannot be fixed with minor changes. It will require presidential attention.

The USML is too encompassing and generic, thus it is difficult to use for meaningful export control. Over the past two decades a number of countries have been successful in developing centers of research excellence and innovation that surpass the U.S. in several important areas.

According to the NRC report it is "best practices" that underpin successful competition in research and technology advancement. Again, these have been undermined by U.S. Government regulations. To further exacerbate the situation the best foreign scientific talent is not being allowed to contribute to U.S. research due to current visa policies.

What is needed? The President must restructure export control processes at the federal level in order to reflect the world of today while keeping the nation's security and technology base healthy. Once this is done, U.S. economic competitiveness will be assured for the future.

As part of the restructuring, the U.S. should enhance access to foreign talent in order to strengthen the science and technology base.

In summary, there is no "risk free" solution to export control, but today's system appears to be increasingly dangerous. One must be careful not to equate control with safety and imagine a sense of security that does not exist. At the same time a nation cannot abandon controls on potentially dangerous technologies.

However, the technologies to be protected must be carefully selected while avoiding isolationism. The challenge of leadership is to maintain a balance that will keep the country healthy and safe.

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