PROPOSED LEGISLATION REGARDING FEDERALLY SPONSORED RESEARCH AND DEVELOPMENT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90B01370R001201630023-4
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 1
• Document Creation Date: December 21, 2016
• Document Release Date: April 6, 2009
• Sequence Number: 23
• Publication Date: April 26, 1984
• Content Type: MEMO

Approved For Release 2009/04/06: CIA-RDP90BO137OR001201630023 4 7
OLL 84-1076
26 April 1984
MEMORANDUM FOR: Logistics and Procurement Law Division, OGC
Attn:
Legislation Division
Office of Legislative Liaison
SUBJECT: Proposed Legislation Regarding Federally
Sponsored Research and Development
1. Attached for your information and review is a bill
recently introduced in the House (H.R. 5003), which would give
Government contractors the right to retain title to any
invention resulting from Government sponsored research. The
bill does, however, provide that a federal agency may eliminate
this right if it is determined by a Government authority which
is authorized by statute or Executive Order to conduct foreign
intelligence or counterintelligence activities that this is
necessary to protect the security of such activities. See
Subsection 301(a)(1) of the proposed bill. This determination
must be made in writing, but need not be reported to the
Secretary of Commerce. See Subsection 301(b) of the proposed
bill.
2. My preliminary analysis indicates that if this bill is
enacted into law, the Agency would be required to.certify at
the time of contracting that it is necessary to limit or
eliminate any contractor rights in an invention resulting from
CIA funded research in order to protect the security of such
research. Without such a certification, the contractor would
be required to publicly disclose the invention to avoid losing
his claim to the invention. See Subsection 301(c) of the
proposed bill.
3. Although the bill is unlikely to be acted upon in this
Congress because of the late date it was introduced, there is a
small chance that it may move forward by being appended to
other legislation. I would appreciate any comments you have on
this bill so that we can formulate an Agency position regarding
the bill.
DISTRIBUTION:
Origina~ - Addressee 1 - DD/OLL
- OLL Chrono D`P:csh (26 April 1984)
1 - L ~G File: Procurement
MAP C; n?,= -
r-Approved For Release 2009/04/06: CIA-RDP90BO137OR001201630023-4