TheCRE.com
CRE Homepage About The CRE Advisory Board Newsletter Search Links Representation Comments/Ideas
Reg Week Archives
Data Access
Data Quality
Regulation by Litigation
Regulation by Information
Regulation by Appropriation
Special Projects
CRE Watch List
Emerging Regulatory Issues
Litigation
OMB Papers
Guest Column
Voluntary Standards Program
CRE Report Card
Public Docket Preparation
Interactive Public Docket
Electronic Regulatory Reform
Consumer Response Service
Site Search

Enter keyword(s) to search TheCre.com:

Interactive Public Docket

Data Access

CRE Analysis

13. The proposed revision does not define the term "used" when providing for release of information "used" by the government in developing policies or rules (or regulations).

Background:

OMB's February 4, 1999 proposed revision to Circular A-110 required that otherwise available data would be accessible to the public if the data related to studies that were "used by the Federal Government in developing policy or rules." CRE and many others commented that term "used" should be defined so as to set reasonable parameters on when an agency must make research data available under FOIA.

The term "used" has proven problematic. Consider the example of agency receiving certain scientific publications that report on federally funded research. If an agency staff member reads such articles, or even merely receives the publication, will there be a presumption of "use"? What if the agency official is a decision maker on a certain issue who reads the article as background? Although she may not ever formally cite the study, the study may shade her thinking in related regulatory decisions.