NCJ Number
64779
Date Published
1978
Length
40 pages
Annotation
THE REPORT PROVIDES ADMINISTRATORS, PROJECT LEADERS, AND RESEARCHERS WITH BACKGROUND ON THE MAJOR FEDERAL REGULATIONS GOVERNING SOCIAL SCIENCE RESEARCH.
Abstract
ONLY STATUTORY AND REGULATORY PROVISIONS COVERING DOMESTIC RESEARCH INFORMATION ARE EXPLAINED. WHEN GUIDELINES FOR THE PRIVACY ACT ARE PUBLISHED, EVERY FEDERAL AGENCY WILL DEVELOP THEIR OWN REGULATIONS. PLANS FOR A RESEARCH PROJECT MUST BE SUBMITTED TO THE OFFICE OF MANAGEMENT AND BUDGET FOR APPROVAL IF THE INFORMATION COLLECTION IS SPONSORED BY A FEDERAL AGENCY, INVOLVES IDENTICAL ITEMS BEING COLLECTED FROM 10 OR MORE PERSONS, AND IS NOT BEING COLLECTED SOLELY FROM FEDERAL EMPLOYEES. INDEPENDENT FEDERAL REGULATORY AGENCIES MUST SUBMIT PLANS BUT DO NOT NEED APPROVAL TO COLLECT DATA. SUBJECTS OF BIOMEDICAL AND BEHAVIOR RESEARCH ARE PROTECTED BY THE NATIONAL RESEARCH ACT OF 1974. THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE (HEW) HAS ALSO DEVELPED GUIDELINES FOR THIS TYPE OF RESEARCH, AND PROJECTS MUST BE APPROVED BY THEIR INSTITUTIONAL REVIEW BOARD, IN ORDER TO DETERMINE WHETHER THE HUMAN SUBJECT MAY BE PLACED AT RISK AND HAS GIVEN KNOWING CONSENT TO THE RESEARCH. HEW ALSO REGULATES EDUCATIONAL RESEARCH AND STUDIES USING FETUSES, PREGNANT WOMEN, AND IN VITRO FERTILIZATION. RULES ON RESEARCH INVOLVING CHILDREN, PRISONERS, AND THE MENTALLY DISABLED ARE STILL IN THE PROPOSED STAGE. THE ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION HAS REGULATIONS TO PROTECT HUMAN SUBJECTS USED IN RESEARCH WHICH IT FUNDS. LEAA REGULATIONS STATE THAT INFORMATION COLLECTED BY LEAA-FUNDED PROJECTS WHICH IS IDENTIFIABLE TO PRIVATE PERSONS MAY BE USED ONLY FOR THE PURPOSE OBTAINED. THE PRIVACY ACT OF 1974 WAS DESIGNED TO PREVENT MISUSE OF FEDERAL RECORDS, BUT HAS RAISED CONCERN AMONG CONTRACTORS THAT THE RECORDS COLLECTED THROUGH THEIR OWN EFFORTS MAY BECOME SUBJECT TO THIS LAW. RECORDS OF ALCOHOL AND DRUG PATIENTS ARE PROTECTED BY A SPECIAL ACT. ALSO, UNDER THE FEDERAL REPORTS ACT, UNAUTHORIZED DISCLOSURE IS PENALIZED BY A MAXIMUM $1,000-FINE, 1 YEAR IN PRISON, OR BOTH. HEW MAY TERMINATE OR SUSPEND GRANTS, WHILE VIOLATORS OF LEAA, ALCOHOL ABUSE, OR PRIVACY ACT REGULATIONS ARE FINED. (AUTHOR ABSTRACT MODIFIED--MJM)