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Comments of the Salt Institute on "fr17se04-81 Enhanced Public Access to National Institutes of Health (NIH) Research Information," November 15, 2004

The Salt Institute is entirely supportive of the intention of NIH "to facilitate enhanced public access to NIH health-related research information." We suppose that the proposal of September 17, 2004 will advance that agenda, but it utterly fails to address NIH's current statutory obligation to comply with the Shelby Amendment and the Data Quality Act. This "enhancement" must not be used as an excuse for NIH to avoid fully and fairly providing the data access required in these statutes.

The Shelby Amendment requires that federally-funded data be available for independent review and the Data Quality Act requires sufficient disclosure of data relied upon for federal reports and policies so that the conclusions can be validated and the results replicated and determined, independently, to support the interpretation being placed thereon by NIH.

As you know, NIH has denied a request from the Salt Institute and the U.S. Chamber of Commerce regarding data from the DASH-Sodium Study and our two organizations have sought the assistance of a federal district court to demand NIH compliance with these statutes. Ready access to the authors' published work may save a few dollars in terms of acquiring the prepared articles, but the significance of this "enhancement" pales when compared to the millions of dollars that are at risk through non-compliance with the Data Quality Act and the Shelby Amendment as public health policies are based on unvalidated and non-replicable science.


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