Funding News Edition: May 05, 2021 See more articles in this edition
If you receive a grant from NIH, be aware that anybody can request to see your application and progress report under the Freedom of Information Act (FOIA).
Any recipient of federal support is subject to FOIA rules. Exemptions exist for certain information, but outside of some small business awards, very few grants contain information that qualifies for an exemption.
Although you can select the "proprietary/privileged information" box of the SF 424 R&R Other Project Information Form, doing so does not automatically shield your information from release in response to a FOIA request. When applying, mark that box only if your application includes specific proprietary information that you wish to identify for NIH staff and peer reviewers.
If NIH receives a FOIA request, NIH staff will consider your response to the “proprietary/privileged” question and consult with you and your awardee institution. Ultimately, NIH makes the final determination of whether to release the specific information you have identified. We cannot withhold your entire application or progress report.
To learn more, check the application instruction sections linked above and the following links:
- FOIA.gov What Is FOIA?
- Freedom of Information Act Guide, Exemption 4—Defines and describes situations where you can get exemption from FOIA rules
- NIH GPS Section 2.3.11 Availability and Confidentiality of Information
- NIH Freedom of Information Act Office
- NIAID Freedom of Information Act (FOIA)