[Federal Register Volume 65, Number 172 (Tuesday, September 5, 2000)]
[Rules and Regulations]
[Pages 53608-53610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-22546]


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CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

45 CFR Part 2543


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

AGENCY: Corporation for National and Community Service.

ACTION: Interim final rule with request for comments.

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SUMMARY: This interim final rule revises the Corporation's 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. This interim final rule provides 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 October 5, 2000. Comments 
must be received on or before November 6, 2000.

ADDRESSES: Comments on the interim final rule should be addressed to: 
Bruce Cline, Director of Grants Management, Corporation for National 
Service, 1201 New York Avenue NW, Washington, D.C. 20525.

FOR FURTHER INFORMATION CONTACT: Bruce Cline, (202) 606-5000, ext. 440. 
T.D.D. (202) 565-2799. We will make this document available in an 
alternative format upon request.

SUPPLEMENTARY INFORMATION:

Background

    Congress included a 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 organizations.

[[Page 53609]]

    OMB finalized the revision on September 30, 1999 (64 FR 54926, 
October 8, 1999). This interim rule amends the Corporation's 
codification of Circular A-110 to reflect OMB's action.
    Consistent with Circular A-110, this rule applies to awards made by 
the Corporation to institutions of higher education, hospitals, and 
other non-profit organizations. It also applies to such entities if 
they are recipients are subawards from States, and local and Indian 
Tribal governments administering programs under awards from the 
Corporation. This rule does not apply to commercial organizations.

Regulatory Matters

Executive Order 12866

    Awards made by the Corporation support national service programs 
and do not generally involve the production of the type of research 
data described in the revised Circular A-110. We have determined that 
this interim final rule is not a ``significant'' rule within the 
meaning of Executive Order 12866 because it is not likely to result in: 
(1) An annual effect on the economy of $100 million or more, or an 
adverse and material effect on a sector of the economy, productivity, 
competition, jobs, the environment, public health or safety, or State, 
local, or tribal government or communities; (2) the creation of a 
serious inconsistency or interference with an action taken or planned 
by another agency; (3) a material alteration in the budgetary impacts 
of entitlement, grants, user fees, or loan programs or the rights and 
obligations of recipients thereof; or (4) the raising of novel legal or 
policy issues arising out of legal mandates, the President's 
priorities, or the principles set forth in Executive Order 12866.

Regulatory Flexibility Act

    We have determined and hereby certify that this interim final rule 
will not result in (1) an annual effect on the economy of $100 million 
or more; (2) a major increase in costs or prices for consumers, 
individual industries, Federal, State, or local government agencies, or 
geographic regions; or (3) significant adverse effects on competition, 
employment, investment, productivity, innovation, or on the ability of 
United States-based enterprises to compete with foreign-based 
enterprises in domestic and export markets. Therefore, the Corporation 
has not performed the regulatory flexibility analyses that are required 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) for major 
rules that are expected to have such results.

Small Business Regulatory Enforcement Fairness Act of 1996

    We have determined that this interim final 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. Thus, it 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.

Other Impact Analyses

    This interim final rule will not impose additional reporting or 
recordkeeping requirements under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3500 et seq.).
    Because this interim final rule does not contain any federal 
mandate that may result in increased expenditures in either Federal, 
State, local, or tribal governments in the aggregate, or impose an 
annual burden exceeding $100 million on the private sector, it is not 
necessary for the Corporation to prepare the analytic statements 
required under Title II of the Unfunded Mandates Reform Act of 1995, 2 
U.S.C. 1531-1538.
    This interim final 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 8 
of Executive Order 13132 (August 4, 1999), we have determined that this 
interim final rule does not have sufficient federalism implications to 
warrant the preparation of a federalism summary impact statement.
    Based on the opportunities to comment afforded to the public on 
OMB-proposed revisions to Circular A-110, we have determined that 
soliciting additional comment prior to our adopting the revisions is 
unnecessary and contrary to the public interest. Therefore, pursuant to 
5 U.S.C. 553(b)(B), we adopt the revisions through the issuance of this 
interim final rule.

List of Subjects in 45 CFR Part 2543

    Accounting, Administrative practice and procedure, Colleges and 
universities, Grant programs--health, Grant programs--social, Grants 
administration, Hospitals, Nonprofit organizations, Reporting and 
recordkeeping requirements.
    For the reasons stated in the preamble, the Corporation for 
National and Community Service amends 45 CFR part 2543 as follows:

PART 2543--GRANTS AND AGREEMENTS WITH INSTITUTIONS OF HIGHER 
EDUCATION, HOSPITALS, AND OTHER NON-PROFIT ORGANIZATIONS

    1. The authority citation for part 2543 continues to read as 
follows:

    Authority: 42 U.S.C. 12501 et seq.

    2. Section 2543.36 is amended by revising paragraph (c), 
redesignating paragraph (d) as paragraph (e), and adding a new 
paragraph (d) to read as follows:


Sec. 2543.36  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.,

[[Page 53610]]

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

    Dated: August 24, 2000.
Wendy Zenker,
Chief Operating Officer.
[FR Doc. 00-22546 Filed 9-1-00; 8:45 am]
BILLING CODE 6050-28-P