The research community, high-tech industry, and research institutions have united to oppose implementation of a proposed federal regulation that would make any federally-supported scientific research data subject to disclosure through the Freedom of Information Act (FOIA). Unfortunately, the first legislative attempt to delay implementation of this new regulation, the Walsh/Price Amendment, failed on a 25-33 vote in the House Appropriations Committee on July 13, 1999.
Background: Last year's omnibus appropriations bill included a provision added by Senator Richard Shelby (R-AL) that requires the Office of Management and Budget (OMB) to revise Circular A-110 to permit public access to federally-funded research data under FOIA. OMB released its first proposed rule earlier this year and received thousands of public comments. Meanwhile, Congressmen James Walsh (R-NY) and David Price (D-NC) introduced an amendment that would prohibit OMB from using any funding to "implement, administer or enforce" the Shelby Amendment in Fiscal Year 2000 and requesting an impartial study on how federally-funded research data should be made available to other researchers and to the public.
AAI Action: AAI has continued to press for outright repeal of this statute in congressional testimony and in correspondence with OMB. When the research community coalesced in support of the Walsh/Price Amendment, CPA Chair Bob Rich and CPA Vice-Chair Jeff Frelinger met with Congressman Price on June 10 to thank him for his leadership. AAI also alerted its membership in advance of the first scheduled vote on the Walsh/Price Amendment, and many AAI members contacted their representatives to urge a "yes" vote.
Outlook: This issue has generated great controversy in Washington and across the country, has been the subject of editorials in the Washington Post and Wall Street Journal, and pitted research advocates, the National Institutes of Health and the National Academy of Sciences against industry and conservative groups such as the U.S. Chamber of Commerce, National Association of Manufacturers and the Gun Owners of America. Due to the strong and divided public comment received on the first draft rule, OMB is expected to release another draft prior to implementing the final rule at the beginning of FY2000 on October 1. Other legislative "fixes" are likely to be attempted, and AAI members will be alerted and asked to act.
The Committee on Public Affairs met in Washington, D.C. on June 9, and received briefings on the latest developments in research animal issues, FOIA disclosure of research data, NIH's Regulatory Burden Study, and NIH's E-biomed electronic publishing proposal.
After the CPA meeting, AAI President Jon Sprent presented AAI's Public Service Award to Congressman Dan Miller (R-FL) in a ceremony and reception held in the U.S. Capitol. Miller, a longtime NIH champion, serves on the powerful House Labor/HHS Appropriations Subcommittee and has been a strong supporter of the campaign to double the NIH budget in the five years. Miller has also led the congressional effort to address the waste and duplication caused by myriad federal rules and regulations that govern scientific research.