Scientists Challenge New Disclosure Law
AAAS Library
CRS 2013
CRE Treatise
AAAS-Federal Focus Symposium
Public Comments
CRS 1999
American Association for the Advancement of Science-Federal Focus Symposium on Data Access
OMB Watch Comments on CRE Proposal for Model State Legislation on Data Quality and Data Access
Click here
for OMB Watch article and analysis
NAS Panel on Data Access
NAS convened a panel on the Data Access law. The proceedings are can be accessed below,
Click for "Seeking Access to Research Data in the 21st Century: An Ongoing Dialogue Among Interested Parties"
DOT’s E-Government
Innovation
The Office of Management and Budget undertook a major multi-agency
strategic program to improve the government’s delivery of services
through the use of information technology. DOT was named the Managing
Partner for the Online Rulemaking Management component of the strategy
based on their existing e-docket system. DOT has recently built
on its e-regulatory leadership by launching an online Significant
Rulemakings Report. The monthly Report provides the status of all
significant rulemakings in the Department. Included in the Report
is a schedule, with milestones and other pertinent information,
for each significant rulemaking. The Report also provides color
coding which allows a quick check of whether or a rule is on schedule,
not likely to meet the schedule or is behind schedule. Explanation
of delays is also provided. The DOT Report provides an important
demonstration of how agencies can use the internet to improve the
transparency of the regulatory process.
Click to read DOT Report on Significant Rulemakings
Click to read OMB’s E-Government Strategy
CRE Regulatory Services
CRE Seeks Public
Disclosure of EPA's Multi-Pollutant Air Emission Model
EPA is using an ICF Model to predict the economic effects of multi-pollutant
air emission legislation being considered by Congress and the Administration.
These modeling results could have a major impact on both the legislation
and the economy. Their accuracy and reproducibility are critically important.
Yet EPA has not allowed public review of and comment on the Model. Given
the importance of this issue, CRE has sent EPA's Chief Information Officer
a letter urging her to disclose the Model to the public. CRE has also
filed a Freedom of Information Act request for the Model and related
documents.
Click
for CRE's letter to EPA's Chief Information Officer
Click
for CRE's FOIA request
Comment
on Item
New York Adopts Law to Guarantee Public
Access to Scientific Data Used by State Regulatory Agencies
The state of New York has recently adopted a new law to guarantee public
access to scientific data state agencies have used as the basis of new
rules and regulations. The law provides that where a study serves as
the basis for a regulation, the agency must publish key information
about the study in the State Register, including the title of the study,
the Principal Investigator, an abstract of the study, and information
related to the agency's Data Access Officer. Where underlying study
data are "readily available," the agency must also make this information
available to the public. New York's law represents a significant advancement
of Data Access at the state level.
NIH Takes Lead in Implementing Data
Access Rule Through Issuance of Guidance to Grantees and Applicants
The National Institutes of Health (NIH) has issued guidance on its Website
to its grantees and applicants regarding steps to be taken to implement
the Data Access provisions contained in revised OMB Circular A-110.
NIH is among the first agencies to issue such guidance, and it can be
expected to serve as a model for other federal agencies. The guidance
lays out an overview of the process, including initial steps on cost
reimbursement. Although the NIH process is not yet final, this guidance
is an excellent first step in implementing meaningful Data Access across
the federal government.
CRE Sponsors Data Access Cost Reimbursement
Symposium
CRE arranged and moderated a meeting of officials from federal grant-awarding
agencies to facilitate agency implementation of the Data Access amendment
to OMB Circular A-110 (Uniform Administrative Requirements for Grants
and Agreements With Institutions of Higher Education, Hospitals, and
Other Non-Profit Organizations). The revised OMB Circular allows the
interested public to request under the Freedom of Information Act (FOIA)
the underlying data from federally-funded studies complied in connection
with grants awarded after the effective date of November 8, 1999. Such
requests to the relevant agencies are is subject to the normal protections
afforded by FOIA exemptions (e.g., patient confidentiality, confidential
business information).
However, this meeting, which was held in Washington, D.C. on March
16, 2000, was designed to sort out many of the unresolved questions
regarding payment by petitioners of the costs associated with procurement
of the requested data from grantees. Discussions were held as to the
progress made by certain lead agencies, and there was a thorough airing
of anticipated problems and potential solutions to the cost reimbursement
issue.
Agencies Issue Interim Final
Rule for Codification of Data Access
Federal grants-awarding agencies have issued an interim final rule designed
to codify agency implementation of the OMB revision to Circular A-110.
This new rule, published in the March 16, 2000 Federal Register (65
Fed. Reg. 14406), does not set out new substantive requirements but
instead advances implementation of OMB's earlier revision to Circular
A-110 by federal agencies. The interim rule is effective April 17, 2000.
OMB Issues Final Rule on Circular
A-110
OMB issues its final rule implementing the Data Access provisions of
Public Law 105-277. Focus will now turn to agency promulgation of conforming
regulations to tailor the OMB mandate to their specific programs.
OMB Reproposal of Circular A-110
CRE Introduction and text of OMB reproposal
OMB Issues Proposed Revisions to Circular A-110 Pursuant to Data
Access Law
In compliance with the Data Access Act, OMB issued a proposed rule to
revise Circular A-110 and requested public comments in the Federal
Register on February 4, 1999 (64 Fed. Reg. 5684). Because
the statuory language for Data Access and the subsequently proposed
OMB rule for its implementation are succint, a number of significant
issues will have to be resolved during the comment period to flesh out
both the OMB and subsequent agency regulations. CRE urges interested
parties to submit their comments to OMB by the April 5, 1999 deadline.
Click to
read more and to access OMB's proposed rule revising Circular A-110.
Click
to make a comment.
President Signs Data Access Law
(P.L. 105-277)
Fact Sheet on Data Access
Basic information on the Data Access issue
CRE Legislative
Working Papers on Data Access and Data Quality
CRE has been one of the initial proponents of federal legislation for
Data Access and Data Quality, due to the important role that government
information plays in regulation and resource allocation. Consequently,
CRE developed an extensive set of legislative working papers in support
of these key data provisions subsequently enacted by Congress. CRE's papers
discuss the need for the legislation, key issues to be addressed, and
an explanation of how responsibilities for Data Access and Data Quality
have a basis under preexisting statutory authority.
Click here
to review CRE's Legislative Working Papers on Data Quality
Price-Walsh Amendment Text
Text of the proposed revision
House Rejects Price-Walsh Amendment
House Appropriations Committee rejects on July 13,1999; Full House fails
to consider
House Initiates Action on Data Access
Consistent with the recommendations of CRE, the House incorporated a provision
in the FY 1999 Treasury and General Government Appropriations Act (H.R.
4104) designed to provide public access to data developed with federal
funding. The Senate has followed the House's lead regarding this Data
Access measure, and relevant language has been included in the conference
report related to this legislation. CRE anticipates passage of this important
provision for data sharing that will permit a more open and scientifically
rigorous review of taxpayer-supported data.
Click
to read more, including the Data Access language from the House bill,
the Senate bill, and the Conference Report, as well as CRE's Legislative
Working Papers on Data Access and Data Quality.
Data Access/Data Quality Information to Come
Additional papers and analyses
CRE Comments on Data Access
Strategy for Implementing Data Access Objectives
Planned Project Work Activities
CRE comments to EPA
on its March 22, 1999 memorandum to Administrator
CRE responds to the discussion of the framework and early action projects
for EPA's new Information Office.
CRE comments to OMB on its August 11, 1999
reproposal
Three Key Protections for Intellectual
Property
Protections Under the New Federal Data Access Law: FOIA, The Bayh-Dole
Act, and Agencies' Conforming Regulations
CRE Comments on Proposed OMB Rule
Comments and invitation for reader feedback
Arguments Against Price-Walsh Amendment
Identifies problems with Amendment
Correspondence on Data Access
Letter from four
Senators to OMB Director
Senators Campbell, Shelby, Lotta and Gramm express concerns over proposed
amendments to OMB Circular A-110.
Letter from Congressman Udall
to OMB
Expressing concern about the impacts of proposed revisions to OMB Circular
A-110.
Letter from Congressman Holt to
OMB
Voicing opinion on proposed changes to Circular A-110.
Letter from 17 Congress Members
to OMB Director
Supporting amendment of Circular A-110.
"Dear Colleague" Letter from
Members of Congress to Appropriations Committee Members Opposing Price-Walsh
Letter and attachment from Congress Members Emerson, DeLay, Aderholt and
Peterson
"Dear Colleague" Letter
from Members of Congress Opposing Price-Walsh
Letter and attachment from Congress Members Aderholt, DeLay, Peterson,
Callahan, Wicker and Tiahrt
Letter from Senators Shelby and
Lott to Congressman Young Opposing Price-Walsh
Letter from Senators to OMB Director
with Comments on Proposed Revision to OMB Circular A-110
Letter from Senators Shelby, Campbell and Lott
Letter from Congress
Member Emerson to OMB Director
Requesting feedback on CRE's Global Warming paper
OMB Director's Response
to Letter from Congress Member Emerson
Providing feedback on CRE's Global Warming paper
Documents from Other Sources
Data Access
Comments on Interactive Public Docket
Medical Sentinel Announces New Data
Access Policy
Published authors must now make redacted raw data associated with their
stories, available on the Internet.
NIH, DOE, DOD Awarded $3.3 Million in Grants
to Scientist Who Faked EMF Data
Points up the need for data access legislation
Letter from Former OIRA
Administrators
Opposing the Price-Walsh Amendment
American Association for the Advancement of Science
(AAAS) - Federal Focus Data Access Symposium
Description and link to transcript
Transcript of the PBS Series "TechnoPolitics"
Discussing the Data Access Issue (March 13, 1999)
National Research Council Press Release
On "Open Exchange of Scientific Data" (April 10, 1997)
CRE - National Academy of Sciences (et al.)
Dialogue on Data Access
