Briefing on Data Access

February 26, 1999

An Inside View of the Proposed Revision from OMB

Marc Garufi
Office of Management and Budget

Before I begin my remarks, I must offer some fine legal print as a disclaimer. I do not speak for the Administration. As such, my comments should not be taken as official OMB policy. I am joined today in the audience by two other OMB colleagues who have worked extensively on the A-110 issue, Ann Kendall and Jimmy Charney. During the questions and answers, I may ask Ann and Jimmy to provide responses to questions on issues on which they have a better perspective than I.

The FY1999 Omnibus Appropriations Act directed OMB to revise Circular A-110 to require federal awarding agencies to "ensure that all data produced under an award will be made available to the public through procedures established under the Freedom of Information Act [FOIA]." The administration recognizes, of course, that there may be concerns about the potential impact of the provision on federally funded research. Nevertheless, OMB must proceed faithfully in implementing the provisions of the law. Federal agencies currently have the right to obtain such research data from grantees, but are not required to do so. Generally such data are not released under FOIA because agencies do not actually have the data. However, federal agencies routinely encourage the sharing of research results as part of the collaborative scientific process. As required by the law, OMB published the proposed revision in the Federal Register on February 4, requesting public comments. This is an opportunity for all interested parties to register their concerns about the provision, as well as to identify the critical issues OMB should consider prior to making federal policy on this matter.

Under OMB's proposed revision, research data becomes subject to being requested under FOIA if three conditions are met: First, data requested must have been produced under a research award. Second, the data must relate to published findings. Finally, the data must relate to findings used by the federal government in developing policy and rules. We believe each of these conditions is based on the language in the appropriations provision as read in light of the floor statements by the provision's sponsors. It is important to recognize that even as research data becomes available under FOIA, statutory exemptions that allow federal agencies to withhold requested information are still applicable. These exemptions prevent unwarranted invasions of personal privacy.

When the comment period closes on April 5, OMB will analyze the comments we receive. Before any proposed provision becomes final, OMB will publish a second notice in the Federal Register that addresses the comments we received on this issue. We believe it is still possible to have agencies codify a final revision into their regulations by the end of the year, as was suggested by Senator Campbell on the floor in his statements.

Moderator: Thank you. We have time for questions. Let me ask one question: When is the end of the year? The end of the fiscal year or the calendar year?

Marc Garufi: That would be the end of the fiscal year, September 30.