The document announces the issuance of a memorandum by Undersecretary of Defense John J. Young, Jr., which affirms the Department of Defense’s policy to avoid restricting publication or dissemination of results from DOD-funded basic and applied research, except in cases where such research is classified or otherwise legally restricted. This policy clarification follows concerns highlighted in a new report jointly released by the Association of American Universities (AAU) and the Council on Governmental Relations (COGR). The report, based on a survey of 20 major U.S. research universities, indicates that over the past four years, problematic clauses that impose unwarranted restrictions on research publication and the participation of foreign nationals have not only persisted but have also expanded in scope across various types of federal awards. The findings echo those of a 2007 National Academies report, which identified a growing tendency to include restrictive, non-classified language in research agreements.
The AAU and COGR commend the DOD memorandum as a constructive response to their concerns but emphasize the need for consistent implementation by DOD contracting officers. Additionally, they urge the DOD and other federal agencies to further address related issues, such as the propagation of restrictive terms from prime contractors to university subcontractors and the excessive application of export control compliance clauses. The release underscores the academic community’s call for greater alignment between federal research policies and the principles of open scientific inquiry.
