COMMENT BY: National Science Foundation (NSF)
SUBJECT: Against proposed revision to OMB Circular A-110
DATE: February 22, 1999

Dear Mr. Lew:

I am writing in regard to recent proposed changes to OMB Circular A-110 concerning access to research data generated through federal assistance.

The National Science Foundation has long encouraged the broad dissemination of NSF-funded research data in support of the science and engineering enterprise. NSF’ s current data access policy"which is clearly stated in a specific provision in our grants " promotes free and open exchange by expecting researchers to promptly publish their findings and share their data and supporting materials with other researchers. This policy has been successful, and we expect it to continue.

I understand that P.L. 105-277 specifically directs OMB to apply the Freedom of Information Act (FOIA) procedures to data produced under federal awards for the purpose of improving dissemination of federally supported data. I appreciate your efforts to limit the scope of the proposed rule regarding the use of FOIA to "published research findings" and only for instances where data are used in "developing policy or rules." This language may help avoid untimely release of raw data by researchers as well as limit the proposed rule’s application to specific studies.

I remain concerned, however, that the proposed revisions are unclear and open to different interpretations that could ultimately harm the research process. For example, it is unclear what constitutes "data" in the proposed rule. Also, the phrase "developing policy or rules" - while limiting the scope of the proposed rule is ambiguous and needs clarification. I am also concerned about how the proposed rule would deal with legitimate privacy and confidentiality issues for research subjects. Unfortunately, I believe that it will be very difficult to craft limitations that can overcome the underlying flaw of using FOIA procedures to achieve broader access to federal funded data. No matter how narrowly drawn, such a rule will likely harm the process of research in all fields by creating a complex web of expensive and bureaucratic requirements for individual grantees and their institutions. It also runs counter to the efforts of NSF and other science agencies to lessen paperwork burdens on our grantees through longstanding initiatives such as the Federal Demonstration Partnership (FDP) and the more recent implementation of NSF’s FastLane system.

Using FOIA in this manner also undercuts the successful, balanced and flexible approach to science and engineering data access adopted by NSF and other science agencies. These policies were expressly endorsed by the Senate Treasury Postal Appropriations Subcommittee as late as last July. That is why I believe we should work towards enactment of the bipartisan legislation, H.R. 88 sponsored by Representative George Brown to repeal the FOIA provision of P.L. 105-277. This would allow federal agencies to create more flexible and sound data access policies that meet the information needs of the 21st century.

I look forward to working with you and with the Congress in the upcoming months to help craft policies on access to federally-supported data which are fair and open and do not hinder the normal research process.

Sincerely,

Rita Coiwell
Director