When does the Freedom of Information Act apply to privately held data produced under a Federal grant? I

Congress included a two-sentence provision in the Omnibus 1999 Appropriations Bill [Public Law 105-277] directing the Office of Management and Budget (OMB) to amend OMB Circular A-110 to extend the Freedom of Information Act (FOL4) to "require Federal awarding agencies to ensure that all data produced under an award will be made available to the public under the FOIA". The Circular applies to grants and other financial assistance provided to institutions of higher education, hospitals, and nonprofit institutions from all Federal agencies. Therefore, the final revision will affect the full range of research activities funded by the Federal Government. According to congressional floor statements made in support of the provision in P.L. 105-277, its aim is to "provide the public with access to federally funded research data" that are "used by the Federal Government in developing policy and rules" (Statement of Sen. Lott).