Background and the Data Access Issue

CRE is introducing the Interactive Public Docket as an outgrowth of CRE's work on the "data access issue." This issue arises out of Congress's directive in last year's Appropriations Act that the Office of Management and Budget shall ensure that all data produced under federal awards are made available to the public through the Freedom of Information Act (FOIA). On February 4, 1999, OMB published proposed revisions to its Circular A-110 to implement this required change. Some 9,000 comments on the proposed revisions were filed with OMB before the comment period closed on April 5. OMB is now reviewing these comments and is expected to issue a revised set of proposed revisions within the next few months.

The impetus for the 1998 statute mandating disclosure of federally funded research data was the desire of the regulated community to closely examine studies supportive of new or more restrictive federal regulations. Without fair access to the data underlying these works, industry and others subject to the regulations argued, there is no effective means to challenge the all important conclusions they present.

CRE has monitored the data access issue closely and has participated in the debate for some time. During the OMB comment period we worked with CRE participants in drafting one of the most detailed and comprehensive submissions that OMB received its proposed revisions to Circular A-110. The thrust of CRE's submission was that, while important questions regarding implementation of the new law need to be resolved, public access to federally sponsored research data is well grounded in terms of public policy and is amply supported by broad and long-standing precedent. CRE took the position that OMB's February 4 publication presented a workable, if somewhat skeletal, proposal, and that the remaining legitimate concerns of the research community could be addressed through careful subsequent rulemaking.

Following the close of the comment period, CRE has been analyzing the comments that other parties filed with OMB. We have studied in particular the comments of leading scientific and academic organizations, which are predominantly opposed to the new data access law and to many aspects of OMB's proposed implementation. CRE has personally contacted these organizations, including the National Academy of Sciences, the American Association for the Advancement of Science, the Association of American Universities, the Council on Government Relations, and others, and invited them to engage in a public dialogue on the issue via the CRE website. A copy of CRE's letter to these organizations is posted on the CRE site.