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| | == Circular A-110 == | | == Circular A-110 == |
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| − | In 1999, Senator Richard Shelby introduced legislation designed to require that some researchers make available data paid for by federal taxpayers:<ref>http://www.heritage.org/research/budget/EM604.cfm</ref> | + | In 1999, Senator Richard Shelby introduced legislation known as the Shelby Amendment that was designed to require that some researchers make available data paid for by federal taxpayers:<ref>http://www.heritage.org/research/budget/EM604.cfm</ref> |
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| | :As part of the Fiscal Year (FY) 1999 Omnibus Appropriations Act (P.L. 105-277), Congress included a provision introduced by Senator Richard Shelby (R-AL) that for the first time allows the public to obtain federally funded research data collected through grants and agreements with universities and other nonprofit organizations. | | :As part of the Fiscal Year (FY) 1999 Omnibus Appropriations Act (P.L. 105-277), Congress included a provision introduced by Senator Richard Shelby (R-AL) that for the first time allows the public to obtain federally funded research data collected through grants and agreements with universities and other nonprofit organizations. |
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| | + | The entire text of the Shelby Amendment is as follows:<ref>FY 1999 Omnibus Appropriations Act (144 CONG. REC. H11178 (daily ed. Oct. 19, 1998)).</ref> |
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| | + | :Provided further, That the Director of OMB amends Section -.36 of OMB Circular A-110 to require Federal awarding agencies to ensure that all data produced under an award will be made available to the public through the procedures established under the Freedom of Information Act: Provided further, That if the agency obtaining the data does so solely at the request of a private party, the agency may authorize a reasonable user fee equaling the incremental cost of obtaining data. |
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| | On February 4, 1999, the [[OMB]] issued a proposed revision to Circular A-110 in implementing the foregoing law. It was to allow a FOIA request on a federal awarding agency to obtain and provide federally funded published research data. However, this provision would only apply to data underlying published studies that the federal government used in developing a policy or rule. | | On February 4, 1999, the [[OMB]] issued a proposed revision to Circular A-110 in implementing the foregoing law. It was to allow a FOIA request on a federal awarding agency to obtain and provide federally funded published research data. However, this provision would only apply to data underlying published studies that the federal government used in developing a policy or rule. |
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| − | As further amended October 30, 1999, Circular A-110 states that:<ref>http://www.whitehouse.gov/omb/circulars/a110/a110.html</ref> | + | As further amended in October 1999,<ref>64 Fed. Reg. 54926 (October 8, 1999).</ref> which became effective April 17, 2000,<ref>See Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations, 65 Fed. Reg. 14406 (March 16, 2000).</ref> Circular A-110 states that:<ref>http://www.whitehouse.gov/omb/circulars/a110/a110.html</ref> |
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| | :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 Federal awarding agency 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. | | :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 Federal awarding agency 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. |
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| | + | The circular is applicable only to data first produced under new or competing continuing grants awarded after April 17, 2000, the regulation's effective date.<ref>See 64 Fed. Reg. 54926.</ref> |
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| | == Contractual Arguments == | | == Contractual Arguments == |