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I.1.2 The Paperwork Reduction Act


With enactment of the FY 1999 Appropriations Act above, Congress is carrying forward the data access goals and objectives of the Paperwork Reduction Act of 1995, 44 U.S.C. 3501, et seq, which have not been fully implemented to date.

In directing OMB to amend Circular A-110 to allow public access to federally funded research data, Congress specifically stated one of the actions it intended OMB to take in furtherance of the Paperwork Reduction Act. That statute, which itself reaffirmed OMB's responsibility for coordinating federal information policy under the Paperwork Reduction Act of 1980, addresses access to data collected "by or for" the federal government. While the statute does not uniformly and explicitly address data developed in the course of research funded by federal agencies, the information collection section clearly applies to information collections "sponsored" by federal agencies. 44 U.S.C. § 3507(a).

The Paperwork Reduction Act is replete with references to both the benefits of and the need for data sharing and data access. One of the stated purposes of the Act is to:

"(2) ensure the greatest possible public benefit from and maximize the utility of information created, collected, maintained, used, shared and disseminated by or for the Federal Government;"

44 U.S.C. § 3501.

The Paperwork Reduction Act also grants broad authority and responsibility to OMB and the Office of Information and Regulatory Affairs ("OIRA") within OMB for data sharing and data access. In subsection 3504(b), for example, the Act states:

"With respect to general information resources management policy, the Director shall --

(1) develop and oversee the implementation of uniform information resources management policies, principles, standards, and guidelines;
(2) foster greater sharing, dissemination, and access to public information. . . .

44 U.S.C.. § 3504(b). Under the Act, the federal agencies are responsible for complying with the policies and guidelines established by OMB/OIRA. 44 U.S.C. § 3506.

Although OMB had promulgated extensive guidelines (in Circular A-130) for compliance with the Paperwork Reduction Act, prior to passage of the legislative mandate in the FY 1999 Appropriations Act above, the guidelines did not clearly address sharing of primary data developed by researchers funded by federal agencies.