CONTENTS Campbell, Joseph, Comptroller General of the United States.. Charyk, Hon. Joseph V., Under Secretary of the Air Force. Douglas, Hon. James H., Deputy Secretary of Defense; accompanied by Dr. Herbert F. York, Director of Defense Research and Engi- neering; and Jack Stempler, Assistant General Counsel, Department DuBridge, Dr. Lee A., president, California Institute of Technology- Floberg, John F., a Commissioner of the Atomic Energy Commission.. Gavin, Lt. Gen. James M., U.S. Army (retired), Former Deputy Chief, 29, 57, 514 Glennan, Dr. T. Keith, Administrator; accompanied by Dr. Hugh L. Groves, Lt. Gen. Leslie R., U.S. Army (retired), vice president, Remington Rand Co., and former Director, Manhattan project - - - - Hayward, Vice Adm. John T., Deputy Chief of Naval Operations Holaday, W. M., Chairman, NASA-DOD Civilian-Military Liaison Holifield, Hon. Chet, Representative in Congress from the State of 89 Phillips, Franklyn W., assistant to the Administrator, National Aero- 249 Pickering, Dr. William H., director, California Institute of Technology, 428 Schriever, Lt. Gen. Bernard A., commander, Air Research and Devel- Ramo, Dr. Simon, executive vice president, Thompson Ramo Wool- 311 Starbird, Brig. Gen. Alfred D., Director, Division of Military Applica- tions, Atomic Energy Commission.. Trudeau, Lt. Gen. Arthur G., U.S. Army, Chief of Research and Wexler, Dr. Harry, Director of Research, U.S. Weather Bureau_ TO AMEND THE NATIONAL AERONAUTICS AND SPACE ACT OF 1958. TUESDAY, MARCH 8, 1960 HOUSE OF REPRESENTATIVES, COMMITTEE ON SCIENCE AND ASTRONAUTICS, Washington, D.C. The committee met at 10 a.m., Hon. Overton Brooks (chairman) presiding. The CHAIRMAN. The committee will come to order. Now, this morning we begin some very historic hearings. Before we begin, we have a report which has been pending from a subcommittee for a long time. The members of the subcommittee have been working on it since last October, to my knowledge, and they held hearings in October during recess. Mr. Mitchell, are you ready to make a report on your subcommittee hearings? We will hear you at this time. Mr. MITCHELL. Yes, Mr. Chairman. I would like to make a brief statement by way of presenting to the full committee a report of the Subcommittee on Patents and Scientific Inventions. Pursuant to your instructions, Mr. Chairman, since last August the subcommittee has been studying the problem of amending the socalled patent section of the National Aeronautics and Space Act. This is a provision which has caused a great deal of discontent both in Government and in industrial circles. It is a provision for which the National Aeronautics and Space Administration is requesting an amendment. In fact, section 11 of H.R. 9675, the bill we are taking up this morning, is directed to just this end. The subcommittee has held extensive hearings on the problem, and we believe that the record thus compiled is one of the most complete and useful documents of its kind in existence. Since January, the subcommittee has been meeting intermittently in executive session in efforts to digest the vast amount of information and argument placed before it. May I say this, Mr. Chairman, about the executive sessions that we have held: I think in every instance every member of the subcommittee has been present. This has not been an easy task, because the matter is both controversial and complex. But on last Wednesday, March 2, the subcommittee completed its work and voted to report to the full committee a proposed provision with the recommendation that it be substituted for the current section 305 of the National Aeronautics and Space Act. The text of the subcommittee's proposal will be found in the report which is before you. Let me point out that under the present "patent" section of the 1 Space Act, NASA is required to secure ownership of inventions produced under its contracts with private concerns. These rights to title can be waived but the act makes it very difficult to do so. NASA is now recommending a change in the law which-within limitswould give the Administrator discretion whether or not to take title to such inventions. The text of NASA's proposal is on page 11 of the report. For reasons carefully spelled out in the report, the subcommittee is unanimous in agreement that a change in the law is needed, and needed now. While members have not agreed on the best method of effecting that change, the recommended proposal is one to which a majority of the subcommittee subscribes as a reasonable and realistic approach to the problem. The subcommittee agrees with the NASA philosophy in principle, but it has made a number of important changes to the NASA proposal which are designed to assure that the public interest is protected and at the same time to ease the administrative burden on the space agency insofar as possible. In addition it has formulated a statement of congressional intent to serve as a specific guide to the Administrator in making decisions on inventionownership problems. I might add here that we have been in close touch with NASA officials and that the amendments made by the subcommittee will receive that Administration's support. Is that correct, Dr. Glennan ? Dr. GLENNAN. That is correct. Mr. MITCHELL. Mr. Chairman, a majority of the subcommittee is convinced that the patent section of the current law is tending to retard and complicate the American space program. Obviously the Nation cannot afford this. Therefore, the subcommittee recommends (1) that the full committee approve the suggested proposal for a patent provision, (2) that it approve the statement of intent as part of the legislative history of the provision, and (3) that the full committee consider these matters in the course of its deliberations on H.R. 9675, the bill to revise the Space Act. Mr. Chairman, I submit this report on behalf of the subcommittee and move its adoption and publication by the full committee. I might say at that point that, as you know, this does not bind the full committee to any action the subcommittee has taken, but would simply permit the report to be released to the public and, of course, to the committee for further study. The CHAIRMAN. And release the subcommittee from further action? Mr. MITCHELL. There are other members of the subcommittee here who might like to make some comment at this time, Mr. Chairman. The CHAIRMAN. Are there any further statements by any members of the subcommittee? Mr. Daddario ? Mr. DADDARIO. Mr. Chairman, in answer to your question I would like to point out that although it was not unanimous, the vote was two votes against and five for. The CHAIRMAN. Five to two. |