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ROERT A Of New Jersey. CHAIRMAN

U.S. HOUSE OF REPRESENTATIVES

ROBCAT S WALLER Lonngang

JAMES SENSENERENIER Wisconsin
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SHERWOOD BOEKINT, No Tort
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COMMITTEE ON SCIENCE, SPACE,

AND TECHNOLOGY

SUITE 2321 RAYBURN HOUSE OFFICE BUILDING

WASHINGTON, DC 205 15

(202) 6371

June 9, 1989

ROBERT C KETCHAM

Geners Counsel
DAVID D CLEMENT

Mr. George T. Singley, III, Director
Office of the Asst. Secretary of the Army
(Research, Development and Acquisition)
Department of the Defense
Washington, D.C. 20301-1155

Dear Mr. Singley:

Thank you for testifying last Thursday at the Subcommittee's hearing on the Federal
Technology Transfer Act. We appreciated learning from you the progress that the Army
has made in implementing the Act in the two and one-half years since passage.
Because of the time constraints imposed by the services for Hon, Claude Pepper, we were
not able to ask the DOD panel questions. Attached is a list of questions to which we would
appreciate your early reply.
Again, thank you for your testimony.

Sincerely,

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DOUG WAREN
Chairman, Subcommittee on Science,
Research and Technology

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Enclosure

Questions for Mr. Singley

1. At the present time, what review of laboratory-negotiated cooperative research and

development agreements and licensing agreements is required at the Army
headquarters level?
Is the requirement that adverse action on any such negotiations be handled within 30

days from date of receipt by your department being complied with? 2. What regulations and instructions still must be promulgated by your service to fully

implement the cooperative R&D authority? What is the timetable? 3. In the next year or so, what level of growth do you expect in the number of

cooperative R&D agreements negotiated by Department of the Army laboratories? 4. With regard to Section 11(a)(3), how has your Service insured that technology

transfer is being considered positively in laboratory job descriptions, employee promotion policies and evaluation of job performance of scientists and engineers in your laboratories?

5.

Have your laboratories established Offices of Research and Technology Applications
(ORTA's) and staffed them as required by the law?
Are there any legislative changes to the law which you believe would be desirable?

6.

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This is in response to your June 9, 1989 letter (Attachment 1) concerning the Subcommittee's hearing on the Federal Technology Transfer Act. Answers to your questions are as follows:

1. Following execution of the agreement by the Laboratory Commander or Director, the agreements are reviewed by the Army Domestic Technology Transfer Program Manager on behalf of the office of the Assistant Secretary of the Army for Research, Development and Acquisition in accordance with the guidelines provided as Attachment 2. The 30-day limit on handling adverse actions is being met in compliance with the legislation.

2. The delegation of authority to the Commanders or Directors of Army Laboratories and Research, Development and Engineering Centers (RDECS) to enter into Cooperative Research and Development Agreements has been formally completed, and interim guidelines on processing the agreements have been issued (Attachment 2). Revision of the Army Regulation (AR 70-57) to include the detailed guidance on establishing cooperative agreements is scheduled for completion by June 1990. No further action on the delegation of authority is needed.

3. The Army currently has 17 cooperative agreements in place, and this number is forecasted to be 100 or more by the end of FY90.

4. Information regarding legal requirements, including those of Section 11(a) (3), to the Commanders or Directors of all Army Laboratories and RDECs has been distributed; however, implementation has been uneven and incomplete. A more uniform and vigorous implementation of this section of the law will result from a current intensive review of the Domestic Technology Transfer Program by this office.

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5. All Army Laboratories have established an Office of Research and Technology Applications, and 80 percent of these organizations are staffed with at least one full-time equivalent in conformance with the law. This entire issue will be resolved as part of the current program review.

6. Two actions by the Congress to enhance the technology transfer effort are recommended:

a.

Congress should consider providing copyright protection for computer software and courseware created by Federal employees and provide for royalties in licensing agreements as with government patents.

b. clear protection from unwarranted disclosure under an FOI Act request should be given to the information generated by the Federal collaborators in accordance with a statement of work under a CRDA.

We would be pleased to provide any additional information that you might desire. Thank you for the opportunity to explain the Army's program on Domestic Technology Transfer.

Sincerely,

6.
6.7.

George T. Singley III
Director
Research and Technology

Attachments

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SARDA-TR
REVISED INTER DA GUIDELINES FOR PREPARATION AND REVIEW 07 COOPERATIVE RESEARCH
AND DEVELOPMENT AGREEM ENTS (CRDAS) AND PATENT LICENSE AGREEMENTS (PLAS)

At the end of paragraph 11.2 of the bodol, add the vords "under tho provision of the Poderal Tort Clains Act."

If the other party (ABX Company, Inc.) inoists, the following provision may be inserted at an appropriate location (such as paragraph 13.3 of the Model Agreement):

13.3 Ratification. In the event that the Assistant Secretary of the Army (Researce Development and Acquisition) orercises the authority reserved by paragraph 8.1.3, ABX Company, loc. shall have 30 days from notification of tạo required modification to ratify the modifications or tornina to the Agreement.

3 • The final negotiated version of the CRDA or PLA ag olgned by the laboratory commanders/directors will be provided with a cover sheet having the following information:

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1. Principal differences between the agreement and the Department of Commorco Model

1 4 The original and 2 copies of the completed CRDA or PLA (with cover sheets) vill be prepared by the laboratory. The original vill be sent to the Domestic Technology Transfer Program Manager, US Army Harry Diamond Laboratorios, ATTN: SLCHD-TT (Mr. Clifford Lanham), 2800 Powder M111 Road, Adelphi, MD 20783-1197 where its receipt will be logged on behalf of the orfice of the Assistant Secretary, the review vill be coordinated, and records of mach original CRDA and PLA will be naintained for the Army. At the same tim, ono copy will be sent to the orfice of the Assistant Secretary of the Arawy for Research, Development and Acquisition, ATTN: SARD-TR (Dr. H.

El-B1o1). Room 3E510

The Peatagon, Vashington, DC 20310-0103 and the other copy to the Army Counsel for Intellectual Property, Office of tne Judge Advocate General, ATTN: JALS-PC (Mr. A. Lane), Room 3324 Nassis Building, 5011 Columbia Pike, Pallo Church, VA 22041-5013 for review.

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