[Code of Federal Regulations]

[Title 32, Volume 1]

[Revised as of July 1, 2006]

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

[CITE: 32CFR32.33]



[Page 162-163]

 

                       TITLE 32--NATIONAL DEFENSE

 

              CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE

 

PART 32_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.  32.33  Federally-owned and exempt property.



    (a) Federally-owned property. (1) Title to federally-owned property 

remains vested in the Federal Government. Recipients shall submit 

annually an inventory listing of federally-owned property in their 

custody to the DoD Component that made the award. Upon completion of the 

award or when the property is no longer needed, the recipient shall 

report the property to the DoD Component for further Federal agency 

utilization.

    (2) If the DoD Component that made the award has no further need for 

the property, it shall be declared excess and either:

    (i) Reported to the General Services Administration, in accordance 

with the Federal Property and Administrative Services Act of 1949 (40 

U.S.C. 483(b)(2)), as implemented by General Services Administration 

regulations at 41 CFR 101-47.202; or

    (ii) Disposed of by alternative methods pursuant to other specific 

statutory authority. For example, DoD Components are authorized by the 

Federal Technology Transfer Act (15 U.S.C. 3710(i)), to donate research 

equipment to educational and non-profit organizations for the conduct of 

technical and scientific education and research activities--donations 

under this Act shall be in accordance with the DoD implementation of 

E.O. 12999 (3 CFR, 1996 Comp., p. 180), ``Educational Technology: 

Ensuring Opportunity for All Children in the Next Century,'' as 

applicable. Appropriate instructions shall be issued to the recipient by 

the DoD Component.

    (b) Exempt property. (1) When statutory authority exists, a DoD 

Component may vest title to property acquired with Federal funds in the 

recipient without further obligation to the Federal Government and under 

conditions the DoD Component considers appropriate. For example, under 

31 U.S.C. 6306, DoD Components may so vest title to tangible personal 

property under a grant or cooperative agreement for basic or applied 

research in a nonprofit institution of higher education or a nonprofit 

organization whose primary purpose is conducting scientific research. 

Such property is ``exempt property.''

    (2) As a matter of policy, DoD Components shall make maximum use of 

the authority of 31 U.S.C. 6306 to vest



[[Page 163]]



title to exempt property in institutions of higher education, without 

further obligation to the Government, to enhance the university 

infrastructure for future performance of defense research and related, 

science and engineering education.

    (3) DoD Components may establish conditions, in regulation or in 

award terms and conditions, for vesting title to exempt property. Should 

a DoD Component not establish conditions, title to exempt property upon 

acquisition shall vest in the recipient without further obligation to 

the Federal Government.