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ED/OS RIN: 1894-AA07 Publication ID: Fall 2016 
Title: Open Licensing Requirement for Direct Grant Programs 
Abstract:

The Secretary will amend the regulations in 2 CFR part 3474 in order to require that all Department grantees awarded direct grant funds openly license to the public all copyrightable intellectual property created with Department grant funds. The rule also will outline any applicable exemptions to the requirement. 

These changes will allow the Department to broaden the impact of its investments by allowing stakeholders, such as local educational agencies (LEAs), State educational agencies (SEAs), institutions of higher education (IHEs), and other entities, to benefit from these investments, even if they are not themselves recipients of Department funds. An open licensing requirement will also allow the Department to sustain innovations beyond the grant period by encouraging subject matter experts and users to adapt, update, and build upon grant products, stimulating quality and innovation in the development of educational resources. Finally, the rule will promote equity and access to Department-funded technology and materials and increase transparency and accountability for the Department and its grantees.

 
Agency: Department of Education(ED)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: uncollected 
CFR Citation: 2 CFR 3474   
Legal Authority: 20 U.S.C. 1221e-3, 3474, and 2 CFR 200 unless otherwise noted   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  11/03/2015  80 FR 67672   
NPRM Comment Period End  12/03/2015 
Final Action  12/00/2016 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
Public Comment URL: www.regulations.gov  
RIN Data Printed in the FR: No 
Agency Contact:
Sharon Leu
Department of Education
Office of the Secretary
Room 6W252, 400 Maryland Avenue SW.,
Washington, DC 20202
Phone:202 453-5646
Email: sharon.leu@ed.gov