New Executive Order on “Gold Standard Science”: FOIA Implications

On May 23, 2025, President Trump issued a new Executive Order No. 14303, “Restoring Gold Standard Science.”  This Executive Order is “committed to restoring a gold standard for science to ensure that federally funded research is transparent, rigorous, and impactful, and that Federal decisions are informed by the most credible, reliable, and impartial scientific evidence available.”[1]  The Executive Order includes a provision that requires agencies to proactively make publicly available certain scientific information.  Specifically, Section 4 states that “agency heads and employees shall adhere to the following rules governing the use, interpretation, and communication of scientific data, unless otherwise provided by law:

(b)  Except as prohibited by law, and consistent with relevant policies that protect national security or sensitive personal or confidential business information, agency heads shall in a timely manner and, to the extent practicable and within the agency’s authority:

(i)  subject to paragraph (ii), make publicly available the following information within the agency’s possession:

(A)  the data, analyses, and conclusions associated with scientific and technological information produced or used by the agency that the agency reasonably assesses will have a clear and substantial effect on important public policies or important private sector decisions (influential scientific information), including data cited in peer-reviewed literature; and

(B)  the models and analyses (including, as applicable, the source code for such models) the agency used to generate such influential scientific information.  Employees may not invoke exemption 5 to the Freedom of Information Act [FOIA] (5 U.S.C. 552(b)(5)) to prevent disclosure of such models unless authorized in writing to do so by the agency head following prior notice to the OSTP Director.

(ii)  risk models used to guide agency enforcement actions or select enforcement targets are not information that must be disclosed under this subsection.”[2]

Additionally, the Executive Order defines “scientific information” in the following manner:

• “Scientific information” means factual inputs, data, models, analyses, technical information, or scientific assessments related to such disciplines as the behavioral and social sciences, public health and medical sciences, life and earth sciences, engineering, physical sciences, or probability and statistics.  This includes any communication or representation of knowledge such as facts or data, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual forms.[3]

The Section 4 disclosure requirement includes several disclosure limitations.  Section 4 does not require the disclosure of information that the FOIA or another law requires to be withheld.  Certain FOIA exemptions are non-discretionary and would therefore satisfy the “[e]xcept as prohibited by law” limitation of Section 4.  Specifically, FOIA Exemption 1, which protects classified information,[4] and FOIA Exemption 3, which exempts information protected by a statute other than the FOIA,[5] must still be applied to information subject to the Executive Order.  Additionally, the “sensitive personal or confidential business information” provision of the Executive Order would continue to protect information covered by FOIA Exemptions 4, 6, and 7(C).  These exemptions protect, respectively, confidential commercial information obtained by outside parties, and information for which the disclosure constitutes an unwarranted invasion of personal privacy.[6]  Furthermore, the disclosure requirement is limited to “influential scientific information” that “the agency reasonably assesses will have a clear and substantial effect on important public policies or important private sector decisions.”[7]  Finally, agencies are not required to publish risk models for agency enforcement actions.[8]

In short, these are the Executive Order’s disclosure-related takeaways:

• The Executive Order requires proactive public disclosure of “influential scientific information” as well as models and analyses used to generate that information.
• Such information cannot be withheld from disclosure pursuant to FOIA Exemption 5 absent notice to OSTP and approval from the agency head.
• However, non-discretionary FOIA exemptions including Exemptions 1, 3, 4, 6, and 7(C) should still be applied to such information where appropriate.
• Risk models for agency enforcement actions are not subject to the disclosure requirements of the Executive Order.

The Executive Order further required that the Office of Science and Technology Policy (OSTP) issue guidance on implementing the Order.[9]  On June 23, 2025, OSTP issued that guidance entitled, “Agency Guidance for Implementing Gold Standard Science in the Conduct & Management of Scientific Activities.”  This memorandum requires each agency to report their intended actions to implement the Executive Order and OSTP guidance by August 22, 2025.[10] Section 3 provides additional details on what information to include in the agency report.

FOIA personnel should be made aware of the new public disclosure requirements in the Executive Order and should consult with their General Counsel’s Office for any questions regarding implementation of these requirements. Questions regarding the applicability of the FOIA to information subject to the Executive Order may also be directed to OIP.