The letter, jointly authored by the Council on Governmental Relations (COGR) and the Association of American Universities (AAU), addresses Dr. Adam Cohen of the U.S. Department of Energy (DOE), expressing appreciation for his recent discussion on the application and interpretation of DOE Order 142.3A with regard to foreign nationals participating in DOE/NETL-funded fundamental research at university campuses. The organizations highlight persistent confusion stemming from DOE’s recent broadened interpretation, which has designated all information generated from the period of funding until publication in fundamental research projects as DOE information, thus extending the order’s restrictions even when foreign national access to sensitive sites or technologies is not involved.
COGR and AAU acknowledge the creation of a limited exemption process for accredited higher education institutions, allowing them to affirm that their research will be published and not subject to export control regulations, thereby alleviating some compliance burdens. However, they convey concern over the temporary nature of this exemption, voicing apprehension that its application may be subject to policy shifts under future administrations. To ensure ongoing clarity and stability, the organizations urge DOE to make the exemption a permanent fixture within DOE Order 142.3A. They offer continued collaboration and support to advance this recommendation, emphasizing their commitment to facilitating federally funded fundamental research while maintaining adherence to regulatory requirements.
