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CRE Analysis

14. What type of enforcement mechanism is warranted in the event a grantee is unwilling to provide to the agency the data necessary to fill a FOIA request?

Background:

Circular A-110, in both its existing form and as proposed, is extremely vague on what types of enforcement mechanisms and penalties will be utilized to deal with researchers to refuse to release data upon request from the agency. Under the current Circular A-110, section ___.62(a)(5) states that an agency may "take other remedies that may be legally available." This could involve suspension and debarment of a recipient. Clarification is warranted as to whether such penalties would apply to individual researchers and/or their institutions and how to deal with situations where researchers change institutions. Clarification of this topic by OMB would help ensure a measure of consistency across the federal agencies as they draft their conforming regulations in response to the Circular A-110 revisions.