[Federal Register Volume 67, Number 83 (Tuesday, April 30, 2002)]
[Notices]
[Pages 21316-21319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-10569]


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OFFICE OF SPECIAL COUNSEL


Guidelines for Ensuring and Maximizing the Quality, Objectivity, 
Utility, and Integrity of Information Disseminated by Federal Agencies

AGENCY: United States Office of Special Counsel

ACTION: Draft Report and Guidelines

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SUMMARY: The U.S. Office of Special Counsel (OSC) is publishing its 
draft report to the Office of Management and Budget (OMB), including 
proposed guidelines for ensuring and maximizing the quality, 
objectivity, utility, and integrity of certain information disseminated 
by the agency to the public. This draft report is published pursuant to 
guidelines issued by OMB to federal agencies. See 66 FR 49718 
(September 28, 2001) (Final Guidelines, with Request for Comments) and 
67 FR 369 (January 3, 2002) (Final Guidelines), as corrected and/or 
amended at 67 FR 5365 (February 5, 2002), 67 FR 8452 (February 22, 
2002), and 67 FR 9797 (March 4, 2002). OMB issued its guidelines under 
section 515 of the Treasury and General Government Appropriations Act 
for Fiscal Year 2001 (Public Law 106-554, 114 Stat. 2763). The 
guidelines call for each agency to develop a draft report to OMB, 
including agency guidelines designed to ensure the quality, 
objectivity, utility, and integrity of certain information disseminated 
by the agency to the public. The draft agency report and guidelines 
must be published in the Federal Register and posted on the agency's 
web site by May 1, 2002, for public comment. After reviewing any public 
comments received, and making any appropriate changes, each agency must 
send the final draft of its report and guidelines to OMB for review by 
July 1, 2002. The final agency report and guidelines must be published 
in the

[[Page 21317]]

Federal Register and posted on the agency's web site by October 1, 
2002.

DATES: Public comments on the draft OSC report and guidelines published 
in this notice must be postmarked or sent by electronic mail on or 
before June 1, 2002, to the addresses provided below.

ADDRESSES: Comments on the draft OSC report and guidelines should be 
sent by regular mail or electronic mail to the agency's Planning and 
Advice Division. Comments sent by regular mail should be addressed to: 
Sharyn Danch, Planning and Advice Division, Office of Special Counsel, 
1730 M Street, N.W., Suite 201, Washington, DC 20036-4505; comments 
sent by electronic mail should be addressed to [email protected]. 
All comments received will be included in the official record of this 
action

FOR FURTHER INFORMATION CONTACT: Sharyn Danch, by mail (Planning and 
Advice Division, Office of Special Counsel, 1730 M Street, N.W., Suite 
201, Washington, DC 20036-4505), or electronic mail 
([email protected]). The draft OSC report and guidelines in this 
notice are available on the agency's web site, at www.osc.gov (at the 
``Reading Room'' link on the home page).

SUPPLEMENTARY INFORMATION: In its guidelines implementing section 515 
of Public Law 106-554, OMB provides that each agency should: (1) 
Develop information resources management procedures and issue quality 
guidelines to ensure the quality, objectivity, utility and integrity of 
information disseminated by the agency to the public; (2) establish 
administrative mechanisms for affected persons to seek and obtain the 
correction of disseminated information that does not comply with OMB or 
agency guidelines; and (3) report annually to OMB on requests for 
correction received by the agency, and the resolution of those 
requests. OMB advises agencies to use common sense in adapting its 
guidelines to information disseminated to the public, by reference to 
the nature and importance of the information involved. Finally, OMB 
encourages agencies to incorporate standards and procedures required by 
its guidelines into existing agency information management and 
administrative practices under applicable laws and OMB circulars.
    OSC's draft report to OMB, with proposed agency guidelines, 
follows:

Report to the Office of Management and Budget On Guidelines for 
Ensuring and Maximizing the Quality, Objectivity, Utility, and 
Integrity of Information Disseminatedby the Office of Special 
Counsel

Introduction

    This report is submitted to the Office of Management and Budget 
(OMB) by the U.S. Office of Special Counsel (OSC) pursuant to section 
515 of the Treasury and General Government Appropriations Act for 
Fiscal Year 2001 (Pub. L. 106-554, 114 Stat. 2763), and implementing 
OMB guidelines. This report includes OSC's proposed ``Guidelines for 
Ensuring and Maximizing the Quality, Objectivity, Utility, and 
Integrity of Information Disseminated by the Office of Special Counsel 
(OSC).''

Agency Background

    OSC is a small (approximately 106 full-time equivalent employees), 
independent federal investigative and prosecutorial agency. First 
established in 1979, it became an independent federal agency with 
enactment of the Whistleblower Protection Act of 1989. Basic OSC 
authorities and responsibilities are defined at 5 USC 1211, et seq.
    OSC's primary mission is to safeguard the merit system in federal 
employment, by protecting current and former federal employees and 
applicants for federal employment from certain prohibited employment 
practices, especially reprisal for whistleblowing. The agency also 
facilitates disclosures (by current and former federal employees and 
applicants for federal employment) of wrongdoing in the federal 
government, and enforces restrictions on political activity by covered 
federal, state, and local government employees. OSC carries out this 
mission by:

    1. investigating complaints of prohibited employment practices, 
especially reprisal for whistleblowing, and pursuing remedies for 
violations;
    2. perating an independent and secure channel for disclosure and 
investigation of wrongdoing in federal agencies;
    3. providing advisory opinions on, and enforcing, Hatch Act 
restrictions on political activity by covered federal, state, and local 
government employees;
    4. protecting the rights of veterans under the Uniformed Services 
Employment and Reemployment Rights Act; and
    5. promoting greater understanding of the rights and 
responsibilities of government employees under the laws enforced by 
OSC.

Information Disseminated by OSC

    OSC maintains an active outreach program that disseminates a 
variety of information about the agency's jurisdiction, programs, and 
operations. Primary target audiences for these outreach efforts are 
current and former federal government employees, applicants for federal 
employment, employee representatives, and state and local government 
employees (i.e., persons affected by or interested in the laws and 
regulations enforced by OSC). OSC uses a variety of tools in these 
efforts, including the agency web site (at www.osc.gov), brochures, 
posters, fact sheets, press releases, and provision of agency employees 
as speakers at training conferences and meetings.
    OSC does not usually disseminate information to the public, as 
such. Press releases are issued by the Special Counsel, but these types 
of documents are excluded from coverage under the OMB guidelines. Other 
information is available to the public, primarily by means of the 
agency web site, but usually as a by-product of dissemination of that 
information to target audiences, transmittal of reports to Congress and 
other agencies, publication of regulations and required notices in the 
Federal Register, and OSC's performance of its statutory duties (e.g., 
transmittal of reports to the President and Congress on whistleblower 
disclosures, filing of pleadings in litigation, and congressional 
testimony). Nevertheless, to the extent that OSC disseminates covered 
information to the public, agency guidelines will be in place pursuant 
to Public Law 106-554 and implementing OMB guidelines.

Agency Guidelines

    OSC has always maintained high standards of quality in the 
production of any information to be disseminated outside the agency. 
The agency information quality guidelines included in this report 
formally incorporate in writing a basic standard of quality (including 
objectivity, utility, and integrity) into the development and 
dissemination by OSC of information to the public. To ensure and 
maximize the quality, objectivity, utility, and integrity of any such 
information, the OSC guidelines provide for administrative review by 
the head of the program unit developing the information, and periodic 
reviews thereafter to ensure that the information is current. After 
review by the head of the program unit, the information will also be 
reviewed by the Deputy Special Counsel, the Special Counsel, or a 
designated representative before public dissemination.

[[Page 21318]]

    The guidelines also provide for administrative mechanisms allowing 
affected members of the public to seek and obtain appropriate 
correction of information maintained and disseminated by OSC if the 
information does not comply with OMB or agency guidelines. The 
mechanisms established by OSC provide for receipt and review of such 
requests by high-level management officials.

Guidelines for Ensuring and Maximizing the Quality, Objectivity, 
Utility, and Integrity of Information Disseminated by the Office of 
Special Counsel (OSC)

I. Authority

    Treasury and General Government Appropriations Act for Fiscal Year 
2001 (Public Law 106-554, 114 Stat. 2763), section 515; Office of 
Management and Budget guidelines, at 66 FR 49718 (September 28, 2001) 
(Final Guidelines, with Request for Comments) and 67 FR 369 (January 3, 
2002) (Final Guidelines), as corrected and/or amended at 67 FR 5365 
(February 5, 2002), 67 FR 8452 (February 22, 2002), and 67 FR 9797 
(March 4, 2002).

II. Definitions

    Terms used in these guidelines are defined by reference to 
definitions in OMB guidelines as follows:
    1. ``Quality'' includes the utility, objectivity, and integrity of 
information.
    2. ``Utility'' refers to the usefulness of information not only to 
OSC, but also to its intended users, including the public.
    3. ``Objectivity,'' as applied to both presentation and substance, 
includes whether disseminated information is being presented in an 
accurate, clear, complete, unbiased manner, in a proper context, and 
with identification of sources (to the extent possible, consistent with 
confidentiality protections)
    4. ``Integrity'' refers to the security of information (that is, 
protection of the information from unauthorized access or revision, to 
ensure that it is not compromised though corruption or falsification).
    5. ``Information'' means any communication or representation of 
knowledge, such as facts or data, in any medium or form, including 
textual, numerical, graphic, narrative, or audiovisual forms. It 
includes information disseminated on the OSC web page, but does not 
include the provision of hyperlinks to information that others 
disseminate. The term also does not include opinions, where the 
agency's presentation makes it clear that what is being offered is 
someone's opinion rather than fact or the agency's views.
    6. ``Dissemination'' means agency-initiated or -sponsored 
distribution of information to the public (see 5 CFR 1320.3(d) 
(definition of ``Conduct or sponsor''). Dissemination does not include 
distribution limited to government employees or agency contractors or 
grantees; intra- or inter-agency use or sharing of government 
information; responses to requests for agency records under the Freedom 
of Information Act, the Privacy Act, the Federal Advisory Committee 
Act, or other similar law; distribution limited to correspondence with 
individuals or persons, press releases, archival records, public 
filings, subpoenas or adjudicative processes.
    7. ``OMB guidelines'' means the ``Guidelines for Ensuring and 
Maximizing the Quality, Objectivity, Utility, and Integrity of 
Information Disseminated by Federal Agencies'' issued by OMB pursuant 
to section 515 of Public Law 106-554.

III. Summary

    These OSC guidelines formally incorporate a basic standard of 
quality (including objectivity, utility, and integrity) into the 
development and dissemination of information by the agency to the 
public. They also include: (1) procedures for reviewing the quality of 
information before it is disseminated, and for periodically reviewing 
the information after dissemination to ensure its continuing quality; 
(2) administrative mechanisms by which affected persons may request, 
and obtain when appropriate, the correction of information maintained 
and disseminated by OSC if such information does not conform to OMB or 
agency guidelines; and (3) procedures for annually reporting to OMB the 
number and nature of complaints received by OSC about its compliance 
with OMB guidelines, and how such complaints were resolved.
    Pre-dissemination review procedures referred to in item (1) apply 
to information first disseminated by OSC on or after October 1, 2002. 
Administrative correction mechanisms referred to in item (2) apply to 
information disseminated by OSC on or after October 1, 2002, regardless 
of when OSC first disseminated the information.
    Information disseminated to the public by OSC will protect 
information from or about complainants in prohibited personnel practice 
matters pursuant to 5 U.S.C. 1212(g); it will also protect information 
about subjects, witnesses or others, as required or permitted under the 
Freedom of Information Act, the Privacy Act, and any other applicable 
law or regulation. OSC does not develop or disseminate specific 
categories of information cited by OMB that may require higher and more 
specific quality standards (e.g., scientific, financial or statistical 
information, and reports prepared by non-governmental entities).

IV. Quality Standards, Administrative Review Procedures, and 
Administrative Correction Mechanisms

A. Quality Standards

    (1) Information should adhere to a basic standard of quality. The 
quality (including the objectivity, utility, and integrity) of 
information to be disseminated by OSC to the public should be an 
integral component in every phase of the development of such 
information.
    (2) Information should be objective in substance and presentation. 
Accurate, reliable, and unbiased information should be presented in an 
accurate, clear, complete, unbiased manner, in a proper context, and 
with identification of sources (to the extent possible, consistent with 
confidentiality protections). To ensure that the information is 
objective, it should relate to issues within OSC's jurisdiction, and be 
based on laws and regulations enforced by the agency or governing its 
operations, and on its experience in enforcing those laws and 
regulations.
    (3) Information should be responsive to its intended users. 
Information should meet the needs of its intended users, including the 
public, with due regard for the costs and benefits involved. Needs of 
intended users will be determined by OSC, in part, through feedback or 
frequently asked questions at agency outreach activities, and comments 
received on the agency web site. At a minimum, information developed 
and disseminated by OSC should, whenever possible, be written in plain, 
understandable language.
    (4) The integrity of information should be protected. Protecting 
public information on OSC's web site from unauthorized access or 
revision is the responsibility of the agency's Information Systems 
Branch (ISB). In carrying out that responsibility, ISB will: (a) 
implement applicable new software patches and security guidelines as 
recommended by the web site developer and by federal agencies 
responsible for guidance on information security issues; (b) routinely 
monitor web server event logs to identify potential breaches of 
security; and (c) maintain backups of web site and web

[[Page 21319]]

server content, to permit OSC to promptly restore the site if its 
security is threatened or the system fails due to hardware or software 
error.

B. Administrative Review Procedures

    The head of the program unit developing information for 
dissemination to the public is responsible for reviewing its content, 
and for periodic review of the information to ensure that it is updated 
to reflect changes in laws and regulations, and recent court decisions. 
After review by the head of the program unit, such information will be 
reviewed by the Deputy Special Counsel, the Special Counsel, or a 
designated representative before dissemination to the public.

C. Administrative Correction Mechanisms

    Affected members of the public who believe that information 
disseminated by OSC does not comply with OMB guidelines or these agency 
guidelines may contact OSC to request a correction of the information. 
Such persons (``requesters'') should write to the Deputy Special 
Counsel, Office of Special Counsel, 1730 M Street, N.W., Suite 201, 
Washington, DC 20036-4505. The Deputy Special Counsel will refer the 
request for response to the program unit responsible for development or 
maintenance of the information. Initial requests should include all 
relevant information available to the requester, and a clear statement 
of the alleged conflict with OMB or OSC guidelines. OSC will reject 
requests made in bad faith or without justification.
    OSC will respond to a request within 30 calendar days after its 
receipt (or sooner, if it is possible to quickly resolve the request 
and immediate attention is necessary due to the nature of the 
information). The program unit to which the request has been referred 
will respond by letter to the requester. The letter will inform the 
requester whether OSC believes a correction is appropriate given the 
nature and timeliness of the information involved, and if so, will 
provide any corrected information.
    If the OSC response is not acceptable to the requester, he or she 
may appeal the initial decision. The requester must send an appeal 
within 30 calendar days of the date of OSC's response. It should be 
addressed to the Deputy Special Counsel (at the address shown in the 
first paragraph of this section), and must state the reason(s) why the 
initial decision was not acceptable. If OSC believes that other 
agencies may have an interest in the resolution of an appeal, it will 
consult with those agencies about their possible interest before 
completing its review of the appeal.
    Within 30 calendar days after OSC receives the appeal, the Deputy 
Special Counsel will respond by letter informing the requester whether 
the appeal is granted (that is, the letter will state whether a 
correction is appropriate given the nature and timeliness of the 
information involved, and if so, will provide any corrected 
information).

D. Reporting Procedures

    OSC will send an annual report to OMB describing the number and 
type of complaints received about OSC's compliance with OMB guidelines, 
and how such complaints were resolved. OSC will submit its initial 
report by January 1, 2004.

E. Conclusion

    The Deputy Special Counsel shall be responsible for ensuring agency 
compliance with OMB guidelines. These agency guidelines are not 
intended to create any right or benefit, substantive or procedural, 
enforceable in any court by a party against OSC, the federal 
government, or any individual, beyond any that may be established by 
section 515 of Public Law 106-554 or by implementing OMB guidelines. In 
particular, these agency guidelines do not impose any additional 
requirements on OSC during adjudicative proceedings and do not provide 
parties to such proceedings any additional rights of challenge or 
appeal.

    Dated: April 24, 2002.
Timothy Hannapel,
Deputy Special Counsel.
[FR Doc. 02-10569 Filed 4-29-02; 8:45 am]
BILLING CODE 7405-01-M