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Interactive Public Docket

Data Access

CRE Analysis

4. Will the new Data Access law be applied retroactively?

Background:

Both the statute and OMB's February and August proposals are silent as to the retroactivity of the Data Access provisions. Many industry groups and other supporters of the Data Access law favor some sort of retroactive application, including application to research grants that predate enactment of the Shelby law. Researchers tend to favor only a prospective application of the new law.