The Council on Governmental Relations (COGR), representing over 200 U.S. research universities and related entities, responded to NASA’s June 2023 Request for Information regarding proposed changes to the designation of confidential business information (CBI) in NASA grant applications for Freedom of Information Act (FOIA) purposes. COGR acknowledged the importance of FOIA and its exemptions but expressed concern that requiring applicants to identify CBI at the time of grant submission would impose undue administrative burdens, be inconsistent with current legal requirements, and fail to improve response times for FOIA requests. The association highlighted that proper CBI review necessitates legal and regulatory expertise, is highly context-dependent, and must take place at the time a FOIA request is received due to potential changes in the status of information over time.
COGR further argued that NASA’s current FOIA processes, which permit researchers to designate CBI at submission and provide for agency notification and submitter objection rights upon receipt of a FOIA request, are sufficient and aligned with federal law and executive orders. The organization noted that increasing page limits may be necessary if additional CBI designations are required, depending on whether supporting documentation must also be provided. COGR recommended that NASA maintain its existing procedures and instead enhance applicant guidance on FOIA and CBI processes. The letter concluded by urging NASA not to implement the proposed advance-marking requirement to avoid misclassification of information and unnecessary resource expenditure, emphasizing the sufficiency of existing protocols.
