Donna:

 We have told them that we would do only fundamental research under
the co-op agreement, thereby making the ITAR/EAR issues moot and also would
not accept any restriction on publication of results.  We await a response
from BMDO.

 So, we are not one of the several other institutions which have
accepted the language with no problem.

Charlie

-----Original Message-----
From: Beyea, Donna L. [mailto:xxxxxx@ROCHESTER.EDU]
Sent: Wednesday, June 05, 2002 4:21 PM
To: xxxxxx@HRINET.ORG
Subject: [RESADM-L] Missile Defense Agency

I'm looking for help from anyone that may have recently dealt with the
Missile Defense Agency (MDA).  One of our faculty members made an inquiry on
potential funding from them and was subsequently sent a cooperative
agreement that must be signed BEFORE he can submit any proposal.  He has 30
days from the execution of the agreement to submit his proposal for
consideration.

The problem is that the cooperative agreement contains publication language
that restricts our right to publish without MDA's prior approval.  This is
obviously something that we will not accept.  They argue they can't change
this clause because of ITAR and the National Security Decision Directive
#189.  My arguement back that we would be doing basic research that should
be exempt from ITAR and this directive doesn't seem to be working.  The
agency, of course, says that "several other universities have accepted this
language with no problem" but they have yet to give me any specific names of
institutions (except Tulane which I understand does classified research for
them).

I would love to know if anyone else has worked with them and was able to
work around the publication restriction.
Thanks
Donna
*****************
Donna L. Beyea
Sr. Research Administrator
University of Rochester
Office of Research & Project Administration
518 Hylan Building
Rochester NY  14627
phone: (585) 275-8036*
fax: (585) 275-9492*
email: xxxxxx@rochester.edu
(*note Area Code has changed from 716 to 585 as of November 2001)

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