[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR84.36]



[Page 492-493]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 84_UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND AGREEMENTS 

WITH INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, AND OTHER NON-PROFIT 

ORGANIZATIONS--Table of Contents

 

                    Subpart C_Post-Award Requirements

 

Sec.  84.36  Intangible property.



    (a) The recipient may copyright any work that is subject to 

copyright and was developed, or for which ownership was purchased, under 

an award. HUD reserves a royalty-free, nonexclusive and irrevocable 

right to reproduce, publish, or otherwise use the work for Federal 

purposes, and to authorize others to do so.

    (b) Recipients are subject to applicable regulations governing 

patents and inventions, including government-wide regulations issued by 

the Department of Commerce at 37 CFR part 401, ``Rights to Inventions 

Made by Nonprofit Organizations and Small Business Firms Under 

Government Grants, Contracts and Cooperative Agreements.''

    (c) HUD has the right to:

    (1) Obtain, reproduce, publish or otherwise use the data first 

produced under an award; and

    (2) Authorize others to receive, reproduce, publish, or otherwise 

use such data for HUD purposes.

    (d)(1) In addition, in response to a Freedom of Information Act 

(FOIA) request for research data relating to published research findings 

produced under an award that were used by HUD in developing an agency 

action that has the force and effect of law, HUD shall request, and the 

recipient shall provide, within a reasonable time, the research data so 

that they can be made available to the public through the procedures 

established under the FOIA. If HUD obtains the research data solely in 

response to a FOIA request, HUD may charge the requester a reasonable 

fee equaling the full incremental cost of obtaining the research data. 

This fee should reflect costs incurred by HUD, the recipient, and 

applicable subrecipients. This fee is in addition to any fees HUD may 

assess under the FOIA (5 U.S.C. 552(a)(4)(A)).

    (2) The following definitions apply for purposes of this paragraph 

(d):

    (i) Research data is defined as the recorded factual material 

commonly accepted in the scientific community as necessary to validate 

research findings, but not any of the following: preliminary analyses, 

drafts of scientific papers, plans for future research, peer reviews, or 

communications with colleagues. This ``recorded'' material excludes 

physical objects (e.g., laboratory samples). Research data also do not 

include:

    (A) Trade secrets, commercial information, materials necessary to be 

held confidential by a researcher until they are published, or similar 

information which is protected under law; and

    (B) Personnel and medical information and similar information the 

disclosure of which would constitute a clearly unwarranted invasion of 

personal privacy, such as information that could be used to identify a 

particular person in a research study.

    (ii) Published is defined as either when:



[[Page 493]]



    (A) Research findings are published in a peer-reviewed scientific or 

technical journal; or

    (B) HUD publicly and officially cites the research findings in 

support of an agency action that has the force and effect of law.

    (iii) Used by HUD in developing an agency action that has the force 

and effect of law is defined as when HUD publicly and officially cites 

the research findings in support of an agency action that has the force 

and effect of law.

    (e) Title to intangible property and debt instruments acquired under 

an award or subaward vests upon acquisition in the recipient. The 

recipient shall use that property for the originally-authorized purpose, 

and the recipient shall not encumber the property without approval of 

HUD. When no longer needed for the originally authorized purpose, 

disposition of the intangible property shall occur in accordance with 

the provisions of Sec.  84.34(g).



[59 FR 47011, Sept. 13, 1994, as amended at 65 FR 30499, May 11, 2000]