[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: 32CFR32.36]



[Page 165-166]

 

                       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.  32.36  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. DoD Components reserve 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 Governmentwide 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) The Federal Government 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 Federal 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 the Federal Government in 

developing an agency action that has the force and effect of law, the 

DoD Component that made the award 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 the DoD Component that made the award obtains the research 

data solely in response to a FOIA request, the agency may charge the 

requester a reasonable fee equaling the full incremental cost of 

obtaining the research data. This fee should reflect costs incurred by 

the agency, the recipient, and applicable subrecipients. This fee is in 

addition to any fees the agency 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,



[[Page 166]]



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:

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

technical journal; or

    (B) A Federal agency publicly and officially cites the research 

findings in support of an agency action that has the force and effect of 

law.

    (iii) Used by the Federal Government in developing an agency action 

that has the force and effect of law is defined as when an agency 

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 (rather than developed or produced under the 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 the DoD 

Component that made the award. When no longer needed for the originally 

authorized purpose, disposition of the intangible property shall occur 

in accordance with the provisions of Sec.  32.34(g).



[63 FR 12188, Mar. 12, 1998, as amended at 65 FR 14407, 14416, Mar. 16, 

2000]