Peer Review: Compliance With the Privacy Act and Federal Advisory Committee Act
GGD-91-48
Published: Apr 17, 1991. Publicly Released: Apr 17, 1991.
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Highlights
Pursuant to a congressional request, GAO reviewed six federal agencies' compliance with the Privacy Act of 1974 and the Federal Advisory Committee Act (FACA) in their peer reviews of grant applications, focusing on: (1) how agencies kept their peer review records and whether applicants had access to them; (2) whether agencies misclassified peer review records as being subject to, or exempt from, the Privacy Act; and (3) whether the agencies chartered peer review panels and operated as advisory committees in compliance with FACA.
Recommendations
Recommendations for Executive Action
| Agency Affected | Recommendation | Status |
|---|---|---|
| Department of Commerce | The Secretary of Energy and the Secretary of Commerce should establish their peer review files and automated grant application tracking systems as Privacy Act systems of record. |
All appropriate actions have been taken.
|
| Department of Energy | The Secretary of Energy and the Secretary of Commerce should establish their peer review files and automated grant application tracking systems as Privacy Act systems of record. |
The departments are establishing their files/systems as Privacy Act systems of records.
|
| Department of Commerce | The Secretary of Commerce and the Secretary of Health and Human Services should charter their respective departments' peer review panels. |
Commerce's panels are in compliance with applicable law.
|
| Department of Health and Human Services | The Secretary of Commerce and the Secretary of Health and Human Services should charter their respective departments' peer review panels. |
The National Institutes of Health is now chartering specific emphasis panels, which will bring all panels into compliance with FACA.
|
| Department of Energy | The Secretary of Energy should seek an amendment to its authorizing legislation that would allow the Department of Energy (DOE) to charter its peer review panels but still protect the privacy of the grant applicants and peer reviewers. Following that change, the Secretary should charter DOE peer review panels. |
The DOE Office of the General Counsel has drafted legislation and submitted it to the Office of Management and Budget for consideration.
|
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Topics
Advisory committeesConfidential communicationsConsultantsFederal grantsFederal records managementGrant award proceduresInternal controlsRight of privacyPeer reviewPrivacy protection