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May 3, 1999 The Honorable Jim Kolbe, Chairman
Dear Representative Kolbe: The American Association for the Advancement of Science (AAAS), the world's largest multidisciplinary science association, is deeply concerned about a provision in the Omnibus Appropriations Act for FY1999 that applies the Freedom of Information Act (FOIA) to research data produced under a federal award. This provision was enacted without public debate or the opportunity for the scientific community to assess its impacts on science and the nation. Now that the research community has studied the new law and the proposal by the Office of Management and Budget to implement it (Federal Register, February 4, 1999), there is virtually unanimous agreement that both are deeply flawed and will have serious unintended adverse consequences for researchers, their institutions, and the public. AAAS has described its concerns about OMB's proposals in a detailed letter, a copy of which is enclosed. AAAS urges Congress to repeal this provision or at least to defer its implementation and authorize a study of its potential effects on the conduct, cost, and dissemination of research. Such a study should also explore alternative approaches for achieving public access to research data in a way that balances the public's right to know with safeguards for the conduct of science. The study should examine existing practices for sharing scientific data to determine whether models exist that could serve the objectives of the new law without unleashing the problems that the scientific community finds so troubling. Our letter to OMB describes several specific issues that should be addressed. We also support the convening of a hearing on H.R. 88, a bill introduced by Representative George E. Brown, Jr., to repeal the provision enacted last year. In view of the complex issues involved and the absence of any prior public discussion, it is important that Congress provide an opportunity for the parties likely to be affected by such a fundamental shift in federal policy to air their concerns and, in partnership with Congress, to explore alternative means of achieving the laudable goals of the legislation without impeding promising research. AAAS has long supported data access and sharing. Earlier this year, the AAAS Council adopted a resolution stating that "it supports the public disclosure of scientific data that form the evidentiary basis for scientific findings and regulatory decisions, at the appropriate time and with appropriate safeguards . . . ." We are prepared to work with you and other Members of Congress to achieve a policy that best serves the nation. Should you or your staff wish to pursue these matters with us, please contact Dr. Mark S. Frankel of the AAAS staff at 202.326.6793. Sincerely,
Original copies of this letter were also sent to: Steny H. Hoyer, Ranking Member George V. Voinovich, Chairman Richard J. Durbin, Ranking Member Ben Nighthorse Campbell, Chairman Byron L. Dorgan, Ranking Member Steve Horn, Chairman Jim Turner, Ranking Member Copies of this letter were sent to the following: Trent Lott, Majority Leader, U.S. Senate |