Policy Perspective

Troublesome Clauses in Research Awards

The document outlines several problematic contractual clauses related to information release and the employment of foreign nationals in federally funded research agreements, particularly those involving the Department of Defense and other federal agencies. These clauses often require burdensome review and approval processes prior to the public release of unclassified research results, restrict the participation of foreign nationals through stringent approval and documentation requirements, and sometimes extend such restrictions via subcontract “flowdowns,” posing significant challenges for academic institutions aiming to uphold principles of openness and inclusion in research. The authors highlight persistent institutional concerns over academic freedom, administrative workload, and the negotiation difficulties these clauses create, while noting some progress in revised or alternative language but emphasizing that significant issues remain unresolved for universities.

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