The Data Access Act, also known as the Shelby Amendment, was attached as a rider to the Omnibus Appropriations Act of fiscal year 1999, P.L. 105-277. The amendment mandated the Office of Management and Budget (OMB) amend Circular A-110 to require federal agencies to ensure that “all data produced under a [federally funded] award will be made available to the public through the procedures established under the Freedom of Information Act [FOIA]” (Fischer, 2013). There were still protections in place for personal information, information that could cause a security risk, and information with commercial value. An information request could also be charged a user fee. This amendment established a trend in policy to make all data produced through publicly funded research openly available.
Fischer EA. (2013). Public Access to Data from Federally Funded Research: Provisions in OMB Circular A-110(link is external). Congressional Research Service.
Office of Management and Budget, Executive Office of the President. (October 8, 1999). OMB Circular A-110, “Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations”(link is external). Federal Register 64(195), 54926-54930.