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COMMITTEE ON SCIENCE, SPACE, AND TECHNOLOGY

ROBERT A. ROE, New Jersey, Chairman

GEORGE E. BROWN, JR., California
JAMES H. SCHEUER, New York
MARILYN LLOYD, Tennessee
DOUG WALGREN, Pennsylvania
DAN GLICKMAN, Kansas
HAROLD L. VOLKMER, Missouri
HOWARD WOLPE, Michigan
BILL NELSON, Florida
RALPH M. HALL, Texas
DAVE MCCURDY, Oklahoma
NORMAN Y. MINETA, California
TIM VALENTINE, North Carolina
ROBERT G. TORRICELLI, New Jersey
RICK BOUCHER, Virginia
TERRY L. BRUCE, Illinois
RICHARD H. STALLINGS, Idaho
JAMES A. TRAFICANT, JR., Ohio
LEE H. HAMILTON, Indiana
HENRY J. NOWAK, New York
CARL C. PERKINS, Kentucky
TOM MCMILLEN, Maryland
DAVID E. PRICE, North Carolina
DAVID R. NAGLE, Iowa
JIMMY HAYES, Louisiana
DAVID E. SKAGGS, Colorado
JERRY F. COSTELLO, Illinois
HARRY JOHNSTON, Florida
JOHN TANNER, Tennessee
GLEN BROWDER, Alabama

ROBERT S. WALKER, Pennsylvania
F. JAMES SENSENBRENNER, JR.,
Wisconsin

CLAUDINE SCHNEIDER, Rhode Island
SHERWOOD L. BOEHLERT, New York
TOM LEWIS, Florida

DON RITTER, Pennsylvania
SID MORRISON, Washington

RON PACKARD, California

ROBERT C. SMITH, New Hampshire
PAUL B. HENRY, Michigan

HARRIS W. FAWELL, Illinois

D. FRENCH SLAUGHTER, JR., Virginia LAMAR SMITH, Texas

JACK BUECHNER, Missouri CONSTANCE A. MORELLA, Maryland CHRISTOPHER SHAYS, Connecticut DANA ROHRABACHER, California STEVEN H. SCHIFF, New Mexico TOM CAMPBELL, California

HAROLD P. HANSON, Executive Director
ROBERT C. KETCHAM, General Counsel
CAROLYN C. GREENFELD, Chief Clerk

DAVID D. CLEMENT, Republican Chief of Staff

*Ranking Republican Member.

(II)

FT J151 1989

COMMITTEE ON FOREIGN AFFAIRS

DANTE B. FASCELL, Florida, Chairman

LEE H. HAMILTON, Indiana
GUS YATRON, Pennsylvania
STEPHEN J. SOLARZ, New York
GERRY E. STUDDS, Massachusetts
HOWARD WOLPE, Michigan
GEO. W. CROCKETT, JR., Michigan
SAM GEJDENSON, Connecticut
MERVYN M. DYMALLY, California
TOM LANTOS, California

PETER H. KOSTMAYER, Pennsylvania
ROBERT G. TORRICELLI, New Jersey
LAWRENCE J. SMITH, Florida
HOWARD L. BERMAN, California
MEL LEVINE, California

EDWARD F. FEIGHAN, Ohio

TED WEISS, New York

GARY L. ACKERMAN, New York

MORRIS K. UDALL, Arizona

JAMES MCCLURE CLARKE, North Carolina

JAIME B. FUSTER, Puerto Rico

WAYNE OWENS, Utah

HARRY JOHNSTON, Florida

ELIOT L. ENGEL, New York

ENI F.H. FALEOMAVAEGA, American Samoa

DOUGLAS H. BOSCO, California

FRANK MCCLOSKEY, Indiana
DONALD M. PAYNE, New Jersey

WILLIAM S. BROOMFIELD, Michigan BENJAMIN A. GILMAN, New York ROBERT J. LAGOMARSINO, California JIM LEACH, Iowa

TOBY ROTH, Wisconsin

OLYMPIA J. SNOWE, Maine

HENRY J. HYDE, Illinois

DOUG BEREUTER, Nebraska

CHRISTOPHER H. SMITH, New Jersey MICHAEL DEWINE, Ohio

DAN BURTON, Indiana

JAN MEYERS, Kansas

JOHN MILLER, Washington

DONALD E. "BUZ” LUKENS, Ohio

BEN BLAZ, Guam

ELTON GALLEGLY, California

AMO HOUGHTON, New York

PORTER J. GOSS, Florida

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FOREWORD

Much of the history of mankind is the record of his ingenuity and creativity applied to the physical world around him. Today's scientific advances and sophisticated technology are the fruit of man's innovative spirit.

In that process, science and technology have become the absolute foundation of modern society. We will never again live in an era when this is not true. With the advent of each year and decade, this will only become a more pervasive reality.

Thus science and technology are basic determinants in our nation's equation for creating the new wealth of America and sustaining its economic growth and the continuing rise of its standard of living.

We are now a planet of interrelated and interdependent nations with one global economy. In that new economy, science and technology are primary components of our relationships with other nations. They are pivotal points of both cooperation and competition. They are the grounds on which we can cement strong and positive commitments with other members of the world community.

The State Department's Science and Technology Counselors are critical links in these international science and technology efforts. Their expertise in both the technical and the diplomatic aspects of international science and technology policy makes their understanding and advice invaluable to Members of the Congress and especially to our two Committees.

Science, Technology, and American Diplomacy 1989 was submitted to our Committees by the President pursuant to Section 503(b) of Title V of Public Law 95-426, the Foreign Relations Authorization Act, Fiscal Year 1979. Title V was enacted because of the conviction of many in the Congress that science and technology were among the strongest cards that the U.S. could play in its diplomatic relations. The intervening ten years have served to reinforce this view, as virtually all the nations of the world-rich and poor, developed and developing, East and West-have come to look to science and technology as the key to environmentally sustainable economic development. During the same time, the Title V report itself has become an increasingly useful and utilized reference tool both in the United States and overseas. This edition-the tenth in the series-is an improvement over last year's and demonstrates an effort to balance the vast amounts of data on the Federal Government's international S&T agreements (presented in summary_form via a set of tables in the appendices) with information on the Secretary of State's implementation of the Act (contained in the five main chapters).

P.L. 95-426 required that the President transmit annual recommendations to Congress on: (1) personnel needs, standards, and training to fulfill the intent of law; (2) the continuation of existing

bilateral and multilateral activities and agreements primarily involving science and technology (S&T) activities (with an analysis of their foreign policy implications and technological benefits for the parties involved); (3) the adequacy of funding for these activities; and (4) plans for routine evaluation of the activities. We note, however, that this Report, like some of its predecessors, does not offer recommendations on these four measures: personnel, funding, implications for foreign policy of science and technology agreements, and plans for evaluation. We recognize the magnitude of the task of compiling the information that appears in this Report, but P.L. 95-426 specifically requests a level of evaluation that is not evident in this Report, but should be.

In 1988, both the Congress and the Administration pursued measures to improve protection of U.S. intellectual property rights (IPR) and to provide symmetrical access in international S&T activities. In response to concerns over U.S. industrial competitiveness, the Omnibus Trade and Competitiveness Act of 1988 added another requirement to the report-namely, an analysis of “equity of access by U.S. public and private entities to public (and publicly supported private) R&D opportunities and facilities in each country which is a major trading partner of the U.S." This year's report is the first to contain data on "symmetrical access". Although President Bush's letter of transmittal focuses on these issues, and the body of this report contains numerous references to them, the analysis of equity of access by U.S. public and private entities to our trading partners' R&D opportunities and facilities suffers from a lack of continuity. It might be helpful for the reader to know that key references to IPR and symmetrical access appear in the following discussions:

In Chapter 1, under a policy section on "Trends in S&T Cooperation", legislative language on symmetrical access to technological research (Section 5171 of the Omnibus Trade and Competitiveness Act of 1988) is printed.

Chapter 3, which covers selected U.S. bilateral relationships, discusses IPR negotiations, albeit inconsistently. For instance, there is a comprehensive update of the IPR problem in S&T negotiations with India, but there is no mention of the issue in the context of the U.S./Japan S&T agreement. Future editions of the report should cover these topics for each of our major trading partners.

Chapter 5 also contains a brief section on the Administration's efforts at fulfilling section 5171 of the Trade Act.

Although acknowledging both the complexities involved in presenting a comprehensive assessment of IPR and symmetrical access in S&T agreements and the fact that this is a new requirement for the report, we would urge that future reports pay even closer attention to this provision.

We would also suggest that future reports take direction from the wise words of President Bush in the letter of transmittal:

The challenge facing us in the years ahead is how to maintain and expand an open, mutually beneficial world system of exchange and cooperation in science and technology without undercutting our national competitiveness or jeopardizing our security interests and responsibilities.

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