Action Expected this Month on Research Data Issue

Before the end of this month there should be some significant developments regarding the proposed regulations to obtain research data. This follows legislation passed last year requiring the Office of Management and Budget to write regulations allowing the use of the Freedom of Information Act to access scientific data collected through federal grants (see FYIs #18, 40, and 86.)

Action is occurring on three fronts. The Office of Management and Budget will soon issue revised regulations, following its proposed revisions that were first published on February 4. In that notice, OMB encouraged “interested parties to provided comment . . . so that any concerns may be addressed.” Usually OMB receives around 200 comments on a proposed revision. In this case, they were inundated with more than 9,200 comments. According to one source at the Office of Science and Technology Policy, 55% of the comments favored the proposed revision, while 45% opposed it. OMB has completed its analysis of these comments, and is scheduled to send its revised proposals to federal agencies this week. The revision should be published in the Federal Register by the middle of the month.

Do not look for OMB to significantly change the thrust of these regulations, but rather to issue definition clarifications and to strengthen safeguards against the release of sensitive personal or intellectual property information. Note that OMB helped to draft the original legislative language passed last fall. As things stand, OMB’s hands are tied, as it is required to issue these regulations by law. It wants to issue final regulations before the start of the next fiscal year on October 1.

Changing this law is the focus of movement on Capitol Hill. Rep. James T. Walsh (R-NY) and Rep. David E. Price (D-NC) have a six- line amendment that they intend to offer to the House Treasury and General Government Appropriations Bill for FY 2000. This amendment would prohibit the use of funds under this act to implement, administer, or enforce the data provision. What would be a one-year delay would be used to study how to best approach this issue. When that amendment will come before the full House Appropriations Committee is anyone’s guess. This bill is seen as the best vehicle to pass new firearms control measures, and so action on the bills is stalled as each side plans its strategy. Passage by the full committee only puts this issue on the table for discussion later this year in a House-Senate conference. Senate Majority Leader Trent Lott (R-MI) was a force behind last year’s legislation, so there is sure to be a struggle.

Opponents of these proposed regulations have long argued that the proposal was never reviewed by any committee. That situation should change next week, when the House Government Management, Information and Technology Subcommittee holds a hearing on the implications of this proposal. The subcommittee, chaired by Rep. Steve Horn (R-CA), has tentatively planned a hearing on this matter at 9:30 a.m. on Thursday, July 15.