FUNDAMENTAL RESEARCH: Reports and Select Rules

“Scientific Communication and National Security,” National Academies Press, Washington, D.C.  (1982).

“Deemed Export Controls May Not Stop the Transfer of Sensitive Technology to Foreign Nationals in the U.S.,” Department of Commerce Office of the Inspector General, Final Inspection Report No. IPE-16176 (March 2004).

“EXPORT CONTROLS: Agencies Should Assess Vulnerabilities and Improve Guidance for Protecting Export- Controlled Information at Universities,” Government Accountability Office, GAO-07-70 (December 2006).

“The Deemed Export Rule in the Era of Globalization,” Submitted to The Secretary of Commerce By the members of The Deemed Export Advisory Committee, December 20, 2007.

 “Revisions to Definitions in the Export Administration Regulations,” 80 Fed. Reg. 31,504 (June 3, 2015).

FUNDAMENTAL RESEARCH: U.S. Government Policy

National Security Decision Directive 189 – This directive states, “It is the policy of this Administration that, to the maximum extent possible, the products of fundamental research remain unrestricted. It is also the policy of this Administration that, where the national security requires control, the mechanism for control of information generated during federally-funded fundamental research in science, technology and engineering at colleges, universities and laboratories is classification.”  The directive has not been rescinded and has been reaffirmed by various administrations.

32 C.F.R. 249.4(c) This regulation states that it is DoD policy to “Allow the publication and public presentation of unclassified contracted fundamental research results. The mechanism for control of information generated by DoD-funded contracted fundamental research in science, technology, and engineering performed under contract or grant at colleges, universities, and non-government laboratories is security classification. No other type of control is authorized unless required by law.”

DoD Instruction 5230.27 – Section 4.3 of this instruction states that it is DoD policy is to “Allow the publication and public presentation of unclassified contracted fundamental research results. The mechanism for control of information generated by DoD-funded contracted fundamental research in science, technology, and engineering performed under contract or grant at colleges, universities, and non-government laboratories is security classification. No other type of control is authorized unless required by law.”

May 24, 2010 Ashton Carter Memo This memorandum states, “The performance of contracted fundamental research also should not be managed in a way that it becomes subject to restrictions on the involvement of foreign researchers or publication restrictions. There may be exceptional cases in which these guidelines should not be applied, but I believe that such cases will be extremely rare and that exceptions should be made only with the approval of high-level Component management.”

ITAR PUBLIC DOMAIN

Letter from J. Edgar Hoover, FBI Director, to Concerned Citizen (March 10, 1971).

Letter from Robert C. Mardian, Department of Justice, to J. Edgar Hoover, FBI Director (July 14, 1971).

Letter from John M. Harmon, Assistant Attorney General at the Office of Legal Counsel for the Department of Justice, to Dr Frank Press, Director of the Science and Technology (May 11, 1978).

U.S. House, Subcommittee of the Committee on Government Operations, The Government’s Classification of Private Ideas, Hearing, February 28, 1980 (Serial No. 83-362 O) (Washington, DC: Government Printing Office, 1981).

U.S. House, Thirty-Fourth Report of the Committee on Government Operations, December 22, 1980 (H. Rpt. 96-1540, 119) (Washington, DC: Government Printing Office, 1980),

Department of State Munitions Control Newsletter No. 80, dated February 1980.

“Constitutionality of the Proposed Revision of the International Traffic in Arms Regulations,” 5 Op. O.L.C. 202 (1981).

Memo from Larry L. Simms, DoJ OLC, to David Robinson, Legal Advisor, Department of State regarding Revised Proposed International Traffic in Arms Regulations (July 5, 1984).

Department of Justice, 1997 Report on the Availability of Bombmaking Information (1997).