[Federal Register Volume 65, Number 52 (Thursday, March 16, 2000)]
[Rules and Regulations]
[Pages 14406-14419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-5674]



[[Page 14405]]

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Part IV

Department of Agriculture
Department of Energy
National Aeronautics and Space Administration
Department of Commerce
Department of State
Agency for International Development
Department of Justice
Department of Labor
Department of Defense
Department of Education
National Archives and Records Administration
Environmental Protection Agency
Department of the Interior
Department of Health and Human Services
Department of Transportation
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Uniform Administrative Requirements for Grants and Agreements With 
Institutions of Higher Education, Hospitals, and Other Non-Profit 
Organizations; Final Rule

  Federal Register / Vol. 65, No. 52 / Thursday, March, 16, 2000 / 
Rules and Regulations  

[[Page 14406]]



DEPARTMENT OF AGRICULTURE

7 CFR Part 3019

DEPARTMENT OF ENERGY

10 CFR Part 600

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

14 CFR Part 1260

DEPARTMENT OF COMMERCE

15 CFR Part 14

DEPARTMENT OF STATE

22 CFR Part 145

AGENCY FOR INTERNATIONAL DEVELOPMENT

22 CFR Part 226

DEPARTMENT OF JUSTICE

28 CFR Part 70

DEPARTMENT OF LABOR

29 CFR Part 95

DEPARTMENT OF DEFENSE

32 CFR Parts 22 and 32

DEPARTMENT OF EDUCATION

34 CFR Part 74

NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

36 CFR Part 1210

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 30

DEPARTMENT OF THE INTERIOR

43 CFR Part 12

DEPARTMENT OF HEALTH AND HUMAN SERVICES

45 CFR Part 74

DEPARTMENT OF TRANSPORTATION

49 CFR Part 19

      


Uniform Administrative Requirements for Grants and Agreements 
With Institutions of Higher Education, Hospitals, and Other Non-Profit 
Organizations

AGENCIES: Department of Agriculture, Department of Energy, National 
Aeronautics and Space Administration, Department of Commerce, 
Department of State, Agency for International Development, Department 
of Justice, Department of Labor, Department of Defense, Department of 
Education, National Archives and Records Administration, Environmental 
Protection Agency, Department of the Interior, Department of Health and 
Human Services, Department of Transportation.

ACTION: Interim final rule with request for comments.

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SUMMARY: This document presents an interim final revision to the 
agencies' codification of Office of Management and Budget (OMB) 
Circular A-110, ``Uniform Administrative Requirements for Grants and 
Agreements with Institutions of Higher Education, Hospitals, and Other 
Non-Profit Organizations.'' OMB issued a final revision to Circular A-
110 on September 30, 1999, as required by Public Law 105-277. It was 
published in the Federal Register on October 8, 1999. The agencies' 
interim final rules will provide uniform administrative requirements 
for all grants and cooperative agreements to institutions of higher 
education, hospitals, and other non-profit organizations.

DATES: This interim final rule is effective April 17, 2000. Comments 
must be received on or before May 15, 2000.

ADDRESSES: Comments on the interim final rule should be addressed to: 
Charles Gale, Director, Office of Grants Management, Department of 
Health and Human Services, Room 517-D, Hubert H. Humphrey Building, 200 
Independence Avenue, S.W., Washington, DC 20201. A copy of each 
communication submitted will be available for public inspection and 
copying during regular business hours (9:00 a.m.-5:30 p.m. eastern 
standard time) at the above address. The full text of Circular A-110, 
the text of the September 30th notice of final revision, and a chart 
showing where each agency has codified the Circular into regulation may 
be obtained by accessing OMB's home page (http://www.whitehouse.gov/omb), under the heading ``Grants Management.''

FOR FURTHER INFORMATION CONTACT: For general issues regarding this 
interim final rule, please contact Charles Gale, Director, Office of 
Grants Management, Department of Health and Human Services at (202) 
690-6377. For agency-specific issues, please contact the individual 
noted in that agency's adoption below.

SUPPLEMENTARY INFORMATION:

Background

    Congress included a two-sentence provision in OMB's appropriation 
for fiscal year 1999, contained in Public Law 105-277, directing OMB to 
amend Section__.36 of 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.'' The provision also provides for a 
reasonable fee to cover the costs incurred in responding to a request. 
Circular A-110 applies to grants and cooperative agreements to 
institutions of higher education, hospitals, and non-profit 
institutions, from all Federal agencies.
    In directing OMB to revise Circular A-110, Congress entrusted OMB 
with the authority to resolve statutory ambiguities, the obligation to 
address implementation issues the statute did not address, and the 
discretion to balance the need for public access to research data with 
protections of the research process. In developing the revision, OMB 
sought to implement the statutory language fairly, in the context of 
its legislative history. This required a balanced approach that (1) 
furthered the interest of the public in obtaining the information 
needed to validate Federally-funded research findings, (2) ensured that 
research can continue to be conducted in accordance with the 
traditional scientific process, and (3) implemented a public access 
process that will be workable in practice.
    OMB finalized the revision on September 30, 1999 (64 FR 54926, 
October 8, 1999). Before this, OMB published a Notice of Proposed 
Revision on February 4, 1999 (64 FR 5684), and a request for comments 
on clarifying changes to the proposed revision on August 11, 1999 (64 
FR 43786). OMB received over 9,000 comments on the proposed revision 
and over 3,000 comments on the clarifying changes.
    This interim final rule amends the agencies' codifications of 
Circular A-110 so they reflect OMB's recent action.
    Under the provisions of section 7(o) of the Department of Housing 
and Urban Development Act (42 U.S.C. 3535(o)), any Department of 
Housing and Urban Development (HUD) proposed or interim final rule that 
is issued for

[[Page 14407]]

public comment is subject to prepublication Congressional review for a 
period of 15 days. Therefore, HUD is not joining in today's publication 
but is adopting the common amendments in a separate rulemaking.

Impact Analysis

Executive Order 12866

    This is a significant regulatory action under Section 3(f)(4) of 
Executive Order 12866, ``Regulatory Planning and Review.''

Regulatory Flexibility Act of 1980

    The Regulatory Flexibility Act (5 U.S.C. 605(b)) requires that, for 
each rule with a ``significant economic impact on a substantial number 
of small entities,'' an analysis must be prepared describing the rule's 
impact on small entities and identifying any significant alternatives 
to the rule that would minimize the economic impact on small entities.
    The participating agencies certify that this interim final rule 
will not have a significant impact on a substantial number of small 
entities. This rule concerns the information that Federally-funded 
researchers must provide in response to Freedom of Information Act 
requests.

Unfunded Mandates Act of 1995

    The Unfunded Mandates Act of 1995 (Public Law 104-4) requires 
agencies to prepare several analytic statements before proposing any 
rule that may result in annual expenditures of $100 million by State, 
local, Indian Tribal governments or the private sector. Since this 
interim final rule will not result in expenditures of this magnitude, 
the participating agencies certify that such statements are not 
necessary.

Paperwork Reduction Act

    The participating agencies certify that this interim final rule 
will not impose additional reporting or recordkeeping requirements 
under the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35).

Waiver of Proposed Rulemaking

    Under the Administrative Procedure Act (5 U.S.C. 553) agencies 
generally offer interested parties the opportunity to comment on 
proposed regulations before they become effective. However, in this 
case OMB previously provided the public an opportunity to comment on 
the revision of Circular A-110, and this regulatory action codifies 
that revision. Accordingly, while the participating agencies are 
requesting public comment on this regulatory action, they find that 
soliciting further public comment with respect to adopting the revised 
circular, prior to the adoption becoming effective, is unnecessary and 
contrary to public interest under 5 U.S.C. 553(b)(B). The regulatory 
action is therefore being issued as an interim final rule.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by section 251 of the 
Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 
804. This rule will not result in an annual effect on the economy of 
$100 million or more; a major increase in costs or prices; or 
significant adverse effects on competition, employment, investment, 
productivity, innovation, or on the ability of United States-based 
companies to compete with foreign-based companies in domestic and 
export markets.

Executive Order 13132: Federalism

    This rule will not have substantial direct effects on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government. Therefore, in accordance with section 6 of 
Executive Order 13132, the participating agencies have determined that 
this rule does not have sufficient federalism implications to warrant 
the preparation of a federalism summary impact statement.

Text of the Interim Final Rule

    The text of the interim final rule appears below:

PART/SUBPART--[AMENDED]

    1. Section   .36 is amended by revising paragraph (c), 
redesignating paragraph (d) as paragraph (e), and adding a new 
paragraph (d) to read as follows:


Sec. __.36  Intangible property.

* * * * *
    (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 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. If the Federal awarding agency 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, 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.
* * * * *

Adoption of Interim Final Rule

    The adoption of the interim final rule by the participating 
agencies, as modified by agency-specific text is set forth below:

[[Page 14408]]

DEPARTMENT OF AGRICULTURE

7 CFR Part 3019

FOR FURTHER INFORMATION CONTACT: Gerald Miske, Fiscal Policy Division, 
Office of the Chief Financial Officer, 202-720-1553.

ADDITIONAL SUPPLEMENTARY INFORMATION: The Department of Agriculture 
(USDA) is publishing this interim final rule in order to incorporate 
the provisions of OMB Circular A-110, Section--.36 regarding the 
availability of data produced under an award through the Freedom of 
Information Act into USDA's grants administration regulation at 7 CFR 
Part 3019. Consistent with this Circular, this rule applies to USDA 
awards made to institutions of higher education, hospitals, and other 
non-profit organizations. It also applies to subrecipients performing 
work under awards if such subrecipients are institutions of higher 
education, hospitals, and other non-profit organizations.

List of Subjects in 7 CFR Part 3019

    Accounting, Colleges and universities, Grant programs--agriculture, 
Hospitals, Nonprofit organizations, Reporting and recordkeeping 
requirements.

    Dated: January 20, 2000.
Sally Thompson,
Chief Financial Officer.
    Dated: January 21, 2000.
Dan Glickman,
Secretary of Agriculture.
    For reasons stated in the preamble, the Department of Agriculture 
amends 7 CFR part 3019 as follows:

PART 3019--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND 
AGREEMENTS WITH INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, AND 
OTHER NON-PROFIT ORGANIZATIONS

    1. The authority citation for part 3019 continues to read as 
follows:

    Authority: 5 U.S.C. 301.


Sec. 3019.36  [Amended]

    2. Section 3019.36 is amended by revising paragraph (c), 
redesignating paragraph (d) as paragraph (e), and adding a new 
paragraph (d) as set forth at the end of the common preamble.

DEPARTMENT OF ENERGY

10 CFR Part 600

FOR FURTHER INFORMATION CONTACT: Trudy Wood, Office of Procurement and 
Assistance Policy (MA-51), U.S. Department of Energy, 1000 Independence 
Avenue, S.W., Washington, D.C.20585, telephone 202-586-5625.

ADDITIONAL SUPPLEMENTARY INFORMATION: The Department of Energy (DOE) is 
publishing this interim final rule in order to incorporate the 
provisions of OMB Circular A-110, Section__.36 regarding the 
availability of data produced under an award through the Freedom of 
Information Act into DOE's assistance regulations at 10 CFR Part 600. 
Consistent with this Circular and 10 CFR Part 600, this rule applies to 
DOE awards made to institutions of higher education, hospitals, other 
non-profit organizations and commercial organizations. The OMB notices 
in the Federal Register soliciting comments on this subject did not 
address the potential applicability of the revisions to OMB Circular A-
110 to commercial organizations. Since the application of OMB Circular 
A-110 to commercial organizations is optional, 10 CFR 600.136(d) will 
not apply to commercial organizations.

List of Subjects in 10 CFR Part 600

    Accounting, Colleges and universities, Grants programs, Hospitals, 
Intergovernmental relations, Nonprofit organizations, Reporting and 
recordkeeping requirements.

    Dated: January 21, 2000.
Edward R. Simpson,
Acting Director, Office of Procurement and Assistance Management.
    For the reasons stated in the preamble, the Department of Energy 
amends 10 CFR part 600 as follows:

PART 600--FINANCIAL ASSISTANCE RULES

    1. The authority citation for part 600 continues to read as 
follows:

    Authority: 42 U.S.C. 7254, 7256, 13525; 31 U.S.C. 6301-6308, 
unless otherwise noted.

Subpart B--Uniform Administrative Requirements for Grants and 
Cooperative Agreements With Institutions of Higher Education, 
Hospitals, Other Non-Profit Organizations and Commercial 
Organizations


Sec. 600.136  [Amended]

    2. Section 600.136 (__.36) is amended as follows:
    a. Paragraph (b) is removed.
    b. Paragraph (a)(2) is redesignated as new paragraph (b) and 
revised.
    c. Paragraph (a)(3) is redesignated as paragraph (c) and revised as 
set forth at the end of the common preamble.
    d. Newly redesignated paragraph (c) is further amended by removing 
the phrase ``The Federal Government'' in the introductory text and 
adding ``DOE'' in its place.
    e. Paragraph (a)(4) is redesignated as paragraph (e) and the first 
sentence is revised.
    f. Paragraph (a) is revised.
    g. Paragraph (d) is added as set forth in the common preamble.
    h. New paragraph (d) is further amended by removing the phrase 
``Federal awarding agency'' in paragraph (d)(1) each time it appears 
and adding ``DOE'' in its place and by adding paragraph (d)(3).
    The revisions and addition read as follows:


Sec. 600.136  Intangible property.

    (a) Recipients that are institutions of higher education, 
hospitals, and other non-profit organizations may copyright any work 
that is subject to copyright and was developed, or for which ownership 
was purchased, under an award. DOE reserves 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) In addition to this section, recipients must follow the 
requirements set forth at 10 CFR 600.27.
* * * * *
    (d) * * *
    (3) This paragraph (d) applies only to recipients that are 
institutions of higher education, hospitals, and other non-profit 
organizations.
    (e) For recipients that are institutions of higher education, 
hospitals, and other non-profit organizations, title to intangible 
property and debt instruments acquired under an award or subaward vests 
upon acquisition in the recipient. * * *

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

14 CFR Part 1260

FOR FURTHER INFORMATION CONTACT: Diane Thompson, Manager, Sponsored 
Research Business Activity, Code HC, NASA Headquarters, Washington, DC, 
(202) 358-0514, e-mail: [email protected].

ADDITIONAL SUPPLEMENTARY INFORMATION: The National Aeronautics and 
Space Administration (NASA) is publishing this interim final rule in 
order to incorporate the provisions of OMB Circular A-110, Section--.36 
regarding the availability of data produced under an award through the 
Freedom of Information Act into NASA's grants

[[Page 14409]]

administration regulation at 14 CFR Part 1260. Consistent with this 
Circular, this rule applies to NASA awards made to institutions of 
higher education, hospitals and other non-profit organizations.

List of Subjects in 14 CFR 1260

    Accounting, Colleges and universities, Grant programs, Hospitals, 
Nonprofit organizations, Recordkeeping and reporting requirements.

Anne Guenther,
Acting Associate Administrator for Procurement.
    For the reasons stated in the preamble, the National Aeronautics 
and Space Administration amends 14 CFR Part 1260 as follows:

PART 1260--GRANTS AND COOPERATIVE AGREEMENTS

    1. The authority citation for part 1260 is revised to read as 
follows:

    Authority: 42 U.S.C. 2473(c)(1); Pub. L. 97-258, 96 Stat. 1003 
(31 U.S.C. 6301 et seq.); and OMB Circular A-110 (64 FR 54926, 
October 8, 1999).

Subpart B--Uniform Administrative Requirements for Grants and 
Cooperative Agreements With Institutions of Higher Education, 
Hospitals, and Other Non-Profit Organizations


Sec. 1260.136  [Amended]

    2. Section 1260.136 (--.36) is amended as follows:
    a. Paragraph (c) is revised as set forth at the end of the common 
preamble.
    b. Paragraphs (d) and (e) are redesignated as paragraphs (e) and 
(f).
    c. Paragraph (d) is added as set forth at the end of the common 
preamble.
    d. New paragraph (d) is further amended by removing the phrase 
``Federal awarding agency'' in paragraph (d)(1) each time it appears 
and adding ``NASA'' in its place.

DEPARTMENT OF COMMERCE

15 CFR Part 14

FOR FURTHER INFORMATION CONTACT: Susan L. Sutherland, Director, Office 
of Executive Assistance Management, Telephone Number 202-482-4115.

ADDITIONAL SUPPLEMENTARY INFORMATION: The Department of Commerce (DoC) 
is publishing this interim final rule in order to incorporate the 
provisions of OMB Circular A-110, Section __.36 regarding the 
availability of data produced under an award through the Freedom of 
Information Act into DoC's grants administration regulation at 15 CFR 
Part 14. Consistent with this Circular, this rule applies to DoC awards 
made to institutions of higher education, hospitals, other non-profit, 
and commercial organizations. It also applies to such entities if they 
are recipients of subawards from States, and local and Indian Tribal 
governments administering programs under DoC awards.

List of Subjects in 15 CFR Part 14

    Accounting, Colleges and universities, Grant programs, Hospitals, 
Nonprofit organizations, Reporting and recordkeeping requirements.

Susan L. Sutherland,
Director, Office of Executive Assistance Management.
    For the reasons stated in the preamble, the Department of Commerce 
amends 15 CFR part 14 as follows:

PART 14--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND 
AGREEMENTS WITH INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, OTHER 
NON-PROFIT, AND COMMERCIAL ORGANIZATIONS

    1. The authority citation for part 14 is revised to read as 
follows:

    Authority: 5 U.S.C. 301; OMB Circular A-110 (64 FR 54926, 
October 8, 1999).


Sec. 14.36  [Amended]

    2. Section 14.36 is amended by revising paragraph (c), 
redesignating paragraph (d) as paragraph (e), and adding a new 
paragraph (d) as set forth at the end of the common preamble.

    3. Section 14.36 is further amended by removing the phrase 
``Federal awarding agency'' in paragraph (d)(1) each time it appears 
and adding ``DoC'' in its place.

DEPARTMENT OF STATE

22 CFR Part 145

FOR FURTHER INFORMATION CONTACT: Georgia Hubert, Director, Federal 
Assistance Program, Office of the Procurement Executive, U.S. 
Department of State, Washington, DC 20520, (703) 812-2526.

ADDITIONAL SUPPLEMENTARY INFORMATION: The Department of State (DOS) is 
publishing this interim final rule to incorporate the provisions of OMB 
Circular A-110, Section --.36, regarding the availability through the 
Freedom of Information Act of data produced under an award, into the 
DOS grants uniform administrative requirements at 22 CFR Part 145. 
Consistent with this Circular, this rule applies to DOS awards made to 
institutions of higher education, hospitals and other non-profit 
organizations. It also applies to such entities if they are recipients 
of subawards from States, local and Indian Tribal governments 
administering programs under DOS awards. The OMB notices in the Federal 
Register soliciting comments on this subject did not address the 
potential applicability of the revisions to OMB Circular A-110 to 
commercial organizations. Since the application of OMB Circular A-110 
to commercial organizations is optional, 22 CFR section 145.36(d)(1) 
will not apply to commercial organizations.

List of Subjects in 22 CFR Part 145

    Accounting, Colleges and universities, Grant programs, Hospitals, 
Nonprofit organizations, Reporting and recordkeeping requirements.

    Dated: January 13, 2000.
Lloyd W. Pratsch,
Procurement Executive.
    For the reasons stated in the preamble, the Department of State 
amends 22 CFR part 145 as follows:

PART 145--GRANTS AND AGREEMENTS WITH INSTITUTIONS OF HIGHER 
EDUCATION, HOSPITALS, AND OTHER NONPROFIT ORGANIZATIONS

    1. The authority citation for part 145 is revised to read as 
follows:

    Authority: 22 U.S.C. 2658.1; OMB Circular A-110 (64 FR 54926, 
October 8, 1999).

    2. Section 145.1 is amended by revising the first sentence to read 
as follows:


Sec. 145.1  Purpose.

    This regulation establishes uniform administrative requirements for 
Department of State grants and cooperative agreements awarded to 
institutions of higher-education, hospitals, other nonprofit 
organizations, and commercial organizations, except that 
Sec. 145.36(d)(1) shall not apply to commercial organizations. * * *


Sec. 145.36  [Amended]

    3. Section 145.36 is amended by revising paragraph (c), 
redesignating paragraph (d) as paragraph (e), and adding a new 
paragraph (d) as set forth at the end of the common preamble.

    4. Section 145.36 is further amended by adding paragraph (d)(3) to 
read as follows:


Sec. 145.36  Intangible property.

* * * * *
    (d) * * *

[[Page 14410]]

    (3) The requirements set forth in paragraph (d)(1) of this section 
do not apply to commercial organizations.
* * * * *

AGENCY FOR INTERNATIONAL DEVELOPMENT

22 CFR Part 226

FOR FURTHER INFORMATION CONTACT: M/OP/P, Diana Esposito, Procurement 
Analyst, U.S. Agency for International Development, Room 7.08-105, M/
OP/P, 1300 Pennsylvania Avenue, N.W., Washington, D.C. 20523-7801, 
Telephone (202) 712-4163, FAX (202) 216-3395.

List of Subjects in 22 CFR Part 226

    Accounting, Colleges and universities, Grant programs, Hospitals, 
Nonprofit organizations, Reporting and recordkeeping requirements.
    For the reasons stated in the preamble, the Agency for 
International Development amends 22 CFR part 226 as follows:

PART 226--ADMINISTRATION OF ASSISTANCE AWARDS TO U.S. NON-
GOVERNMENTAL ORGANIZATIONS

    1. The authority citation for part 226 continues to read as 
follows:

    Authority: Sec. 621, Pub. L. 87-195, 75 Stat. 445 (22 U.S.C. 
2381), as amended; E.O. 12163, Sept. 29, 1979, 44 FR 56673; 3 CFR 
1979 Comp., p. 435.


Sec. 226.36  [Amended]

    2. Section 226.36 is amended by revising paragraph (c), 
redesignating paragraph (d) as paragraph (e), and adding a new 
paragraph (d) as set forth at the end of the common preamble.

    Dated: January 27, 2000.
Rodney W. Johnson,
Director, Office of Procurement.

DEPARTMENT OF JUSTICE

28 CFR Part 70

[A.G. Order No. 2289-2000]

FOR FURTHER INFORMATION CONTACT: Cynthia J. Schwimer, Comptroller & 
Chief Financial Officer, Office of Justice Programs, U. S. Department 
of Justice, (202) 307-0623.

ADDITIONAL SUPPLEMENTARY INFORMATION: The Department of Justice 
(Department) is publishing this interim final rule in order to 
incorporate the provisions of OMB Circular A-110, Section--.36 
regarding the availability of data produced under an award through the 
Freedom of Information Act into the Department's grants administration 
regulation at 28 CFR Part 70. Consistent with this Circular, this rule 
applies to awards made by the Department to institutions of higher 
education, hospitals and other non-profit organizations. It also 
applies to such entities if they are recipients of subawards from 
States, and local and Indian Tribal governments administering programs 
under Departmental awards.

List of Subjects in 28 CFR Part 70

    Accounting, Colleges and universities, Grant programs, Hospitals, 
Nonprofit organizations, Reporting and recordkeeping requirements.

    Dated: February 24, 2000.
Janet Reno,
Attorney General.
    For the reasons stated in the preamble, the Department of Justice 
amends 28 CFR part 70 as follows:

PART 70--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND 
AGREEMENTS (INCLUDING SUBAWARDS) WITH INSTITUTIONS OF HIGHER 
EDUCATION, HOSPITALS AND OTHER NON-PROFIT ORGANIZATIONS

    1. The authority citation for part 70 is revised to read as 
follows:

    Authority: 5 U.S.C. 301; the Omnibus Crime Control and Safe 
Streets Act of 1968, 42 U.S.C. 3711, et seq. (as amended); Juvenile 
Justice and Delinquency Prevention Act of 1974, 42 U.S.C. 5601, et 
seq. (as amended); Victims of Crime Act of 1984, 42 U.S.C. 10601, et 
seq. (as amended); 18 U.S.C. 4042, 4351-4353; OMB Circular A-110 (64 
FR 54926, October 8, 1999).


Sec. 70.36  [Amended]

    2. Section 70.36 is amended by revising paragraph (c), 
redesignating paragraph (d) as paragraph (e), and adding a new 
paragraph (d) as set forth at the end of the common preamble.

    3. Section 70. 36 is further amended by removing the phrase 
``Federal Government'' in paragraph (c) introductory text and adding 
``Department'' in its place.

    4. Section 70.36 is further amended by removing the phrase 
``Federal awarding agency'' in paragraph (d)(1) each time it appears 
and adding ``Departmental awarding agency'' in its place.

DEPARTMENT OF LABOR

29 CFR Part 95

FOR FURTHER INFORMATION CONTACT: Comments specific to the Department of 
Labor may be directed to Phyllis R. McMeekin, Office of the Acquisition 
Advocate, 202-219-9174, [fax 202-219-9440]. Mailing address: U.S. 
Department of Labor, 200 Constitution Avenue, NW, Room N-5425, 
Washington, DC 20210.

ADDITIONAL SUPPLEMENTARY INFORMATION: The Department of Labor (DOL) is 
publishing this interim final rule in order to incorporate the 
provisions of OMB Circular A-110, Section__.36 regarding the 
availability through the Freedom of Information Act of data produced 
under an award into DOL's grants administration regulation at 29 CFR 
Part 95. Consistent with this Circular, this rule applies to DOL awards 
made to institutions of higher education, hospitals and other non-
profit organizations. It also applies to such entities if they are 
recipients of subawards as indicated in Subpart 95.5. The OMB notices 
in the Federal Register soliciting comments on this subject did not 
address the potential applicability of the revisions to OMB Circular A-
110 to commercial organizations. Since the application of OMB Circular 
A-110 to commercial organizations is optional, 29 CFR Sec. 95.36(d)(1) 
will not apply to commercial organizations.

List of Subjects in 29 CFR Part 95

    Accounting, Colleges and universities, Grant programs, Hospitals, 
Nonprofit organizations, Reporting and recordkeeping requirements.

    Dated: January 27, 2000.
Alexis M. Herman,
Secretary of Labor.

    For the reasons stated in the preamble, the Department of Labor 
amends 29 CFR part 95 as follows:

PART 95--GRANTS AND AGREEMENTS WITH INSTITUTIONS OF HIGHER 
EDUCATION, HOSPITALS, AND OTHER NON-PROFIT ORGANIZATIONS, AND WITH 
COMMERCIAL ORGANIZATIONS, FOREIGN GOVERNMENTS, ORGANIZATIONS UNDER 
THE JURISDICTION OF FOREIGN GOVERNMENTS, AND INTERNATIONAL 
ORGANIZATIONS

    1. The authority citation for part 95 is revised to read as 
follows:

    Authority: 5 U.S.C. 301; OMB Circular A-110 (64 FR 54926, 
October 8, 1999); Secretary of Labor's Order 4-76.


Sec. 95.36  [Amended]

    2. Section 95.36 is amended by revising paragraph (c), 
redesignating paragraph (d) as paragraph (e), and adding a new 
paragraph (d) as set forth at the end of the common preamble.

[[Page 14411]]


    3. Section 95.36 is further amended by removing the phrase ``The 
Federal Government'' in paragraph (c) introductory text, and adding 
``DOL'' in its place.

    4. Section 95.36 is further amended by removing the phrase 
``Federal awarding agency'' in paragraph (d)(1) each time it appears, 
and adding ``DOL'' in its place.

DEPARTMENT OF DEFENSE

32 CFR Parts 22 and 32

FOR FURTHER INFORMATION CONTACT: Mark Herbst, Office of the Deputy 
Under Secretary of Defense (Science and Technology), 3080 Defense 
Pentagon, Washington, D.C. 20301-3080.

ADDITIONAL SUPPLEMENTARY INFORMATION: The Department of Defense (DoD) 
adopts two interim final amendments to the DoD Grant and Agreement 
Regulations (DoDGARs). These amendments apply to awards made on or 
after the effective date of this regulatory change.
    The principal amendment is to section 32.36 of Part 32 of the 
DoDGARs, which is the DoD's implementation of OMB Circular A-110. In 
adopting this amendment, the Office of the Secretary of Defense, the 
Military Departments and the Defense Agencies will maintain uniform 
policies on access to data produced under awards to universities and 
nonprofit organizations that are consistent with the policies of other 
Executive Departments and Agencies.
    The other amendment is to Appendix C of Part 22 of the DoDGARs, to 
conform that appendix to the revised section 32.36 of Part 32. The 
change is to delete language advising DoD grants officers that an issue 
to be addressed in award terms and conditions is whether to waive the 
Government's access rights to data produced under awards. With the 
revision to section 32.36 of part 32, that no longer is an option. Two 
other technical corrections are made to the appendix, to correct 
citations to sections of the DoDGARs.

List of Subjects

32 CFR Part 22

    Accounting, Grant programs--education, Reporting and recordkeeping 
requirements.

32 CFR Part 32

    Accounting, Administrative practice and procedure, Colleges and 
universities, Grant programs, Hospitals, Nonprofit organizations, 
Reporting and recordkeeping requirements.
    For the reasons stated in the preamble, the Department of Defense 
amends Subchapter B of Chapter I of Title 32 of the Code of Federal 
Regulations as follows:

PART 22--[AMENDED]

    1. The authority citation for part 22 continues to read as follows:

    Authority: 5 U.S.C. 301 and 10 U.S.C. 113.

    2. Appendix C to Part 22 is revised to read as follows:
BILLING CODE 3410-KS, 6450-01, 7510-01, 3510-FA, 4710-05, 6116-01, 
4410-18, 4510-23, 5001-10, 4000-01, 7515-01, 6560-50, 4310-RF, 4150-24, 
4910-62-P

Appendix C to Part 22--Administrative Requirements and Issues to be 
Addressed in Award Terms and Conditions

[[Page 14412]]

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[[Page 14413]]


[GRAPHIC] [TIFF OMITTED] TR16MR00.025


[[Page 14414]]


[GRAPHIC] [TIFF OMITTED] TR16MR00.026


[[Page 14415]]


[GRAPHIC] [TIFF OMITTED] TR16MR00.027


[[Page 14416]]


BILLING CODE 3410-KS, 6450-01, 7510-01, 3510-FA, 4710-05, 6116-01, 
4410-18, 4510-23, 5001-10, 4000-01, 7515-01, 6560-50, 4310-RF, 4150-24, 
4910-62

PART 32--[AMENDED]

    3. The authority citation for part 32 continues to read as follows:

    Authority: 5 U.S.C. 301 and 10 U.S.C. 113.


Sec. 32.36  [Amended]

    4. Section 32.36 is amended by revising paragraph (c), 
redesignating paragraph (d) as paragraph (e), and adding a new 
paragraph (d) as set forth at the end of the common preamble.

    5. Section 32.36 is further amended by removing the phrase 
``Federal awarding agency'' in paragraph (d)(1) each time it appears, 
and adding ``DoD Component that made the award'' in its place.

    Dated: January 25, 2000.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.

DEPARTMENT OF EDUCATION

34 CFR Part 74

FOR FURTHER INFORMATION CONTACT: Arthur Stewart. Telephone: (202) 708-
9049. If you use a telecommunications device for the deaf (TDD), you 
may call the Federal Information Relay Service at 1-800-877-8339. 
Individuals with disabilities may obtain this document in an 
alternative format (e.g., Braille, large print, audiotape, or computer 
diskette) on request to the contact person listed in the preceding 
paragraph.

ADDITIONAL SUPPLEMENTARY INFORMATION: The Department of Education (ED) 
publishes this interim final rule in order to incorporate the 
provisions of OMB Circular A-110, Section __.36 regarding the 
availability of data produced under a grant award through the Freedom 
of Information Act into ED's grants administration regulations at 34 
CFR Part 74. Consistent with the Circular, this rule applies to ED 
grant awards made to institutions of higher education, hospitals and 
other non-profit organizations. It also applies to those entities if 
they are recipients of subawards from States, and local and Indian 
Tribal governments administering programs under ED awards.
    Invitation to Comment: In addition to any comments submitted to 
Charles Gale at the U.S. Department of Health and Human Services, we 
invite you to submit comments regarding ED's specific implementation of 
these interim final regulations to Arthur Stewart, Department of 
Education, room 3652, ROB-3, Seventh and D Streets, SW., Washington, DC 
20202-4248.
    During and after the comment period, you may inspect public 
comments submitted to ED about it's specific interim final regulations 
in room 3652, ROB-3, Seventh and D Streets, SW, Washington, DC, between 
the hours of 8:30 a.m. and 4:00 p.m., Eastern time, Monday through 
Friday of each week except Federal holidays.
    Assistance to Individuals With Disabilities in Reviewing the 
Rulemaking Record: On request, we will supply an appropriate aid, such 
as a reader or print magnifier, to an individual with a disability who 
needs assistance to review the comments or other documents in the 
public rulemaking record for these interim final regulations. If you 
want to schedule an appointment for this type of aid, you may call 
(202) 205-8113 or (202) 260-9895. If you use a TDD, you may call the 
Federal Information Relay Service at 1-800-877-8339.
    Assessment of Educational Impact: Based on our own review, we have 
determined that these final regulations do not require transmission of 
information that any other agency or authority of the United States 
gathers or makes available.
    Electronic Access to this Document: You may view this document, as 
well as all other Department of Education documents published in the 
Federal Register, in text or Adobe Portable Document Format (PDF) on 
the Internet at either of the following sites: http://ocfo.ed.gov.fedreg.htm, and http://www.ed.gov/news.html
    To use the PDF you must have the Adobe Acrobat Reader Program with 
Search, which is available free at either of the previous sites. If you 
have questions about using the PDF, call the U.S. Government Printing 
Office (GPO), toll free, at 1-888-293-6498; or in the Washington, DC, 
area at (202) 512-1530.
    The official version of this document is published in the Federal 
Register. Free Internet access to the official edition of the Federal 
Register and the Code of Federal Regulations is available on GPO Access 
at: http://www.access.gpo.gov/nara/index.html

List of Subjects in 34 CFR Part 74

    Accounting, Colleges and universities, Grant programs, Hospitals, 
Nonprofit organizations, Reporting and recordkeeping requirements.

    Dated: January 24, 2000.
Richard W. Riley,
Secretary of Education.
    For the reasons stated in the preamble, the Secretary of Education 
amends 34 CFR part 74 as follows:

PART 74--ADMINISTRATION OF GRANTS AND AGREEMENTS WITH INSTITUTIONS 
OF HIGHER EDUCATION, HOSPITALS, AND OTHER NON-PROFIT ORGANIZATIONS

    1. The authority citation for part 74 continues to read as follows:

    Authority: 20 U.S.C. 1221e-3, 3474; OMB Circular A-110, unless 
otherwise noted.


Sec. 74.36  [Amended]

    2. Section 74.36 is amended by revising paragraph (c), 
redesignating paragraph (d) as paragraph (e), and adding a new 
paragraph (d) as set forth at the end of the common preamble.
    3. Section 74.36 is further amended by removing the phrase ``the 
Federal awarding agency'' in paragraph (d)(1) each time it appears and 
adding ``ED'' in its place.

NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

36 CFR Part 1210

FOR FURTHER INFORMATION CONTACT: Nancy Allard at 301-713-7360, 
extension 226 or by fax at 301-713-7270.

ADDITIONAL SUPPLEMENTARY INFORMATION: The National Historical 
Publications and Records Commission (NHPRC) is the grant-making 
component of the National Archives and Records Administration (NARA). 
The NHPRC makes grants to state and local archives, colleges and 
universities, libraries, historical societies, and other nonprofit 
organizations in the U.S. to help identify, preserve, and provide 
public access to records, photographs, and other materials that 
document American history. We are publishing this interim final rule in 
order to incorporate the provisions of OMB Circular A-110, Section 
__.36 regarding the availability of data produced under an award 
through the Freedom of Information Act into our NHPRC grants 
administration regulation at 36 CFR Part 1210.

List of Subjects in 36 CFR Part 1210

    Accounting, Colleges and universities, Grant programs, Hospitals, 
Nonprofit organizations, Reporting and recordkeeping requirements.


[[Page 14417]]


    Dated: January 11, 2000.
John W. Carlin,
Archivist of the United States.
    For the reasons stated in the preamble, the National Archives and 
Records Administration amends 36 CFR part 1210 as follows:

PART 1210--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND 
AGREEMENTS TO INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, AND 
OTHER NON-PROFIT ORGANIZATIONS

    1. The authority citation for part 1210 is revised to read as 
follows:

    Authority: 5 U.S.C. 301; OMB Circular A-110 (64 FR 54926, 
October 8, 1999).


Sec. 1210.36  [Amended]

    2. Section 1210.36 is amended by revising paragraph (c), 
redesignating paragraph (d) as paragraph (e), and adding new paragraph 
(d) as set forth at the end of the common preamble.

    3. Section 1210.36 is further amended by removing the phrase 
``Federal awarding agency'' in paragraph (d)(1) each time it appears 
and adding ``NHPRC'' in its place.

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 30

FOR FURTHER INFORMATION CONTACT: Alexandria Mincey, Grants 
Administration Division, Policy, Information and Training Branch, 1300 
Pennsylvania Avenue, NW (3903R), Fifth Floor, Room 51288, Washington, 
DC 20004, (202) 564-5371.

ADDITIONAL SUPPLEMENTARY INFORMATION: The Environmental Protection 
Agency (EPA) is publishing this interim final rule in order to 
incorporate the provisions of OMB Circular A-110, Section __.36 
regarding the availability of data produced under an award through the 
Freedom of Information Act into EPA's grants administration regulation 
at 40 CFR Part 30. Consistent with this Circular, this rule applies to 
EPA assistance awards made to institutions of higher education, 
hospitals and other non-profit organizations. It also applies to such 
entities if they are recipients of subawards from States, local and 
Indian Tribal governments under EPA awards.
    The Agency will implement a process for determination, assessment, 
collection, and reimbursement of recipients' costs.

List of Subjects in 40 CFR Part 30

    Accounting, Colleges and universities, Grant programs, Hospitals, 
Nonprofit organizations, Reporting and recordkeeping requirements.

    Dated: January 13, 2000.
Carol M. Browner,
Administrator of the Environmental Protection Agency.
    For the reasons stated in the preamble, the Environmental 
Protection Agency amends 40 CFR Part 30 as follows:

PART 30--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND 
AGREEMENTS WITH INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, AND 
OTHER NON-PROFIT ORGANIZATIONS

    1. The heading for part 30 is revised to read as set forth above.
    2. The authority citation for part 30 is revised to read as 
follows:

    Authority: 7 U.S.C. 135 et seq.; 15 U.S.C. 2601 et seq.; 33 
U.S.C. 1251 et seq.; 42 U.S.C. 241, 242b, 243, 246, 300f, 300j-1, 
300j-2, 300j-3, 1857 et seq., 6901 et seq., 7401 et seq., 9601 et 
seq.; OMB Circular A-110 (64 FR 54926, October 8, 1999).


Sec. 30.36  [Amended]

    3. Section 30.36 is amended by revising paragraph (c), 
redesignating paragraph (d) as paragraph (e), and adding a new 
paragraph (d) as set forth at the end of the common preamble.

    4. Section 30.36 is further amended by removing the phrase 
``Federal awarding agency'' in paragraph (d)(1) each time it appears 
and adding ``EPA'' in its place.

DEPARTMENT OF THE INTERIOR

43 CFR Part 12

FOR FURTHER INFORMATION CONTACT: Debra E. Sonderman, (Director, Office 
of Acquisition and Property Management), (202) 208-6431.

ADDITIONAL SUPPLEMENTARY INFORMATION: The Department of the Interior 
(DOI) has implemented OMB Circular A-110 at 43 CFR Part 12, Subpart F. 
There is also a provision at 43 CFR Part 12, Subpart A, Section 12.2(a) 
which confirms that grants and cooperative agreements which are awarded 
by DOI to institutions of higher education, hospitals and other non-
profit organizations, are governed by Subpart F and OMB Circular A-110. 
The regulation at Subpart A documents that OMB Circular A-110 is a part 
of the regulation as well as any changes made to the Circular and 
subsequently published in the Federal Register. Therefore, awards made 
by DOI were considered covered on the effective date of the changes 
published in the revised Circular, November 8, 1999.
    In order to amend DOI's codification of the Circular at 43 CFR Part 
12, Subpart F, DOI is participating in this joint publication so that 
the recent revisions made by OMB can be reflected. With the publication 
of this interim final rule, we are incorporating the provisions of OMB 
Circular A-110, Section__.36 regarding the availability of data 
produced under an award through the Freedom of Information Act into the 
implementing regulation at 43 CFR Part 12, Subpart F.
    Compliance With Laws, Executive Orders, and Department Policy: In 
addition to the certifications stated in the general preamble, DOI is 
including the following statements:
    In accordance with Executive Order 12630, the rule does not have 
significant takings implications. A takings implication assessment is 
not required. No takings of personal property will occur as a result of 
this rule.
    In accordance with Executive Order 12988, the Office of the 
Solicitor has determined that this rule does not unduly burden the 
judicial system and meets the requirements of sections 3(a) and 3(b)(2) 
of the Order.
    This rule does not constitute a major Federal action significantly 
affecting the quality of the human environment. A detailed statement 
under the National Environmental Policy Act of 1969 is not required.
    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American Tribal 
Governments'' (59 FR 22951 and 512 DM 2), we have evaluated possible 
effects on Federally recognized Indian tribes and have determined that 
there are no effects on trust resources. This regulation concerns the 
information that federally-funded researchers must provide in response 
to Freedom of Information Act requests related to grants and 
cooperative agreements awarded to institutions of higher education, 
hospitals, and other non-profit organizations.

List of Subjects in 43 CFR Part 12

    Accounting, Administrative practice and procedure, Colleges and 
universities, Grant programs, Hospitals, Nonprofit organizations, 
Reporting and recordkeeping requirements.

    Dated: January 13, 2000.
John Berry,
Assistant Secretary-Policy, Management and Budget.
    For the reasons set forth in the preamble, the Department of the 
Interior amends 43 CFR part 12 as follows:

[[Page 14418]]

PART 12--ADMINISTRATIVE AND AUDIT REQUIREMENTS AND COST PRINCIPLES 
FOR ASSISTANCE PROGRAMS

    1. The authority for part 12 is revised to read as follows:

    Authority: 5 U.S.C. 301; 31 U.S.C. 6101 note, 7501; 41 U.S.C. 
252a, 701 et seq; Pub. L. 104-256, 110 Stat. 1396; sec. 501, Pub. L. 
105-62, 111 Stat. 1338; sec. 503, Pub. L. 105-62, 111 Stat. 1339; 
sec. 303, Pub. L. 105-83, 111 Stat. 1589; sec. 307, Pub. L. 105-83, 
111 Stat. 1590; E.O. 12549, 3 CFR, 1986 Comp., p. 189; E.O. 12674, 3 
CFR, 1989 Comp., p. 215; E.O. 12689, 3 CFR, 1989 Comp., p. 235; E.O. 
12731, 3 CFR, 1990 Comp., p. 306; E.O. 13043, 62 FR 19217; 3 CFR 
1997 Comp., p. 195; OMB Circular A-102; OMB Circular A-110; and OMB 
Circular A-133.

Subpart F--Uniform Administrative Requirements for Grants and 
Agreements With Institutions of Higher Education, Hospitals, and 
Other Non-Profit Organizations


Sec. 12.936  [Amended]

    2. Section 12.936 (__.36) is amended by revising paragraph (c), 
redesignating paragraph (d) as paragraph (e), and adding a new 
paragraph (d) as set forth at the end of the common preamble.

DEPARTMENT OF HEALTH AND HUMAN SERVICES

45 CFR Part 74

FOR FURTHER INFORMATION CONTACT: Charles Gale, Director, Office of 
Grants Management, 202-690-6377; for the hearing impaired only: TDD 
202-690-6415.

ADDITIONAL SUPPLEMENTARY INFORMATION: The Department of Health and 
Human Services (HHS) is publishing this interim final rule to 
incorporate the provisions of OMB Circular A-110, Section --.36, 
regarding the availability through the Freedom of Information Act of 
data produced under an award, into the HHS grants administration 
regulation at 45 CFR Part 74. Consistent with this Circular, this rule 
applies to HHS awards made to institutions of higher education, 
hospitals and other non-profit organizations. It also applies to such 
entities if they are recipients of subawards from States, and local and 
Indian Tribal governments administering programs under HHS awards. We 
recognize that OMB's notices for public comment regarding this subject 
did not address the potential applicability to commercial 
organizations. Since the applicability of OMB Circular A-110 to 
commercial organizations is optional and 45 CFR Part 74 includes other 
special provisions for commercial organizations (Subpart E), we have 
decided to be consistent with other Federal agencies which have decided 
not to apply the new provision to commercial organizations.

List of Subjects in 45 CFR Part 74

    Accounting, Colleges and universities, Grant programs, Hospitals, 
Indians, Intergovernmental relations, Nonprofit organizations, 
Reporting and recordkeeping requirements.

    Dated: January 14, 2000.
Donna E. Shalala,
Secretary.
    For the reasons stated in the preamble, the Department of Health 
and Human Services amends 45 CFR part 74 as follows:

PART 74--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR AWARDS AND 
SUBAWARDS TO INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, OTHER 
NONPROFIT ORGANIZATIONS, AND COMMERCIAL ORGANIZATIONS; AND CERTAIN 
GRANTS AND AGREEMENTS WITH STATES, LOCAL GOVERNMENTS AND INDIAN 
TRIBAL GOVERNMENTS

    1. The authority citation for part 74 is revised to read as 
follows:

    Authority: 5 U.S.C. 301; OMB Circular A-110 (64 FR 54926, 
October 8, 1999).

    2. Section 74.1(a)(1) is revised to read as follows:


Sec. 74.1  Purpose and applicability.

    (a) * * *
    (1) Department of Health and Human Services' (HHS) grants and 
agreements awarded to institutions of higher education, hospitals, 
other nonprofit organizations and only to commercial organizations in 
instances other than those involving procedures to make data available 
under the Freedom of Information Act provision set forth in 
Sec. 74.36(d)(1).
* * * * *


Sec. 74.36  [Amended]

    3. Section 74.36 is amended:
    a. By revising paragraph (c), redesignating paragraph (d) as 
paragraph (e), and adding a new paragraph (d) as set forth at the end 
of the common preamble.
    b. By removing the phrase ``Federal awarding agency'' in paragraph 
(d)(1) each time it appears and adding ``HHS Awarding Agency'' in its 
place.
    c. By adding paragraph (d)(3) to read as follows:


Sec. 74.36  Intangible property.

* * * * *
    (d) * * *
    (3) The requirements set forth in paragraph (d)(1) of this section 
do not apply to commercial organizations.
* * * * *

    4. Section 74.83 is added to subpart E to read as follows:


Sec. 74.83  Effect on intangible property.

    Data sharing (FOIA) requirements as set forth in Sec. 74.36(d)(1) 
do not apply to commercial organizations.

DEPARTMENT OF TRANSPORTATION

49 CFR Part 19

FOR FURTHER INFORMATION CONTACT: Robert G. Taylor, U.S. Department of 
Transportation, Office of the Senior Procurement Executive, M-62, 400 
Seventh Street, S.W., Room 7101, Washington, D.C. 20590, phone (202) 
366-4289, fax (202-366-7510, e-mail [email protected], for 
grant related questions. Robert I. Ross, U.S. Department of 
Transportation, Office of the General Counsel, C-10, 400 Seventh Street 
S.W., Room 10102, Washington, DC 20590, phone (202)366-9156, fax 
(202)366-9170, email [email protected], for FOIA related questions.

ADDITIONAL SUPPLEMENTAL INFORMATION: The Department of Transportation 
(DOT) is publishing this interim final rule in order to incorporate the 
provisions of OMB Circular A-110, Section __.36 regarding the 
availability of data produced under an award through the Freedom of 
Information Act FOIA into DOT's grants administration regulation at 49 
CFR Part 19. Additional information has been added to clarify internal 
DOT procedures for payments made in accordance with the OMB revisions 
to Section __.36 of the Circular.

List of Subjects in 49 CFR Part 19

    Accounting, Colleges and universities, Grant programs, Hospitals, 
Nonprofit organizations, Reporting and recordkeeping requirements.

Rodney E. Slater,
Secretary of Transportation.
    For the reasons stated in the preamble, the Department of 
Transportation amends 49 CFR part 19 as follows:

[[Page 14419]]

PART 19--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND 
AGREEMENTS WITH INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, AND 
OTHER NON-PROFIT ORGANIZATIONS

    1. The authority citation for part 19 continues to read as follows:

    Authority: 49 U.S.C. 322(a).


Sec. 19.36  [Amended]

    2. Section 19.36 is amended by revising paragraph (c), 
redesignating paragraph (d) as paragraph (e), and adding a new 
paragraph (d) as set forth at the end of the common preamble.
[FR Doc. 00-5674 Filed 3-15-00; 8:45 am]
BILLING CODE 3410-KS-P; 6450-01-P; 7510-01-P; 3510-FA-P; 4710-05-P; 
6116-01-P; 4410-18-P; 4510-23-P; 5001-10-P; 4000-01-P; 7515-01-P; 6560-
50-P; 4310-RF-P; 4150-24-P; 4910-62-P