[Federal Register Volume 67, Number 98 (Tuesday, May 21, 2002)]
[Notices]
[Pages 35814-35816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12643]


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COUNCIL ON ENVIRONMENTAL QUALITY


Proposed Guidelines for Ensuring and Maximizing the Quality, 
Objectivity, Utility, and Integrity of Information

AGENCY: Council on Environmental Quality, Executive Office of the 
President.

ACTION: Proposed Guidelines.

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SUMMARY: This notice requests comment on proposed guidelines 
implementing Section 515 of the Treasury and General Government 
Appropriations Act for Fiscal Year 2002 (Public Law 106-554; H.R. 
5658). Section 515 directs the Office of Management and Budget (OMB) to 
issue government-wide guidelines under sections 3504(d)(1) and 3516 of 
Title 44, and require each Federal agency to issue agency-specific 
guidelines, to ensure and maximize the quality, objectivity, utility, 
and integrity of information, including statistical information, 
disseminated by the agency and to establish administrative mechanisms 
allowing affected persons to seek and obtain correction of information 
maintained and disseminated by the agency that does not comply with 
such guidelines. Each agency must also report periodically to the OMB 
director on the number, nature, and resolution of complaints received 
by the agency in regards to these requirements. The proposed guidelines 
published below would implement these requirements for the Council on 
Environmental Quality. They are intended to comply with both the 
statutory requirements noted above and the final guidelines published 
by OMB on February 22, 2002 (67 FR 36, at 8452).

DATES: Public comments must be submitted by July 1, 2002.

ADDRESSES: Please submit comments to Dinah Bear, General Counsel of the 
Council on Environmental Quality, 722 Jackson Place, NW., Washington, 
DC 20503. Comments can be emailed to 
[email protected].

FOR FURTHER INFORMATION CONTACT: Dinah Bear, General Counsel, Council 
on Environmental Quality, 722 Jackson Place, NW., Washington, DC 20503. 
Telephone: (202) 395-7421.

SUPPLEMENTARY INFORMATION: The Council on Environmental Quality (CEQ) 
was established by Congress in 1969 through passage of the National 
Environmental Policy Act (NEPA), 42 U.S.C. 4321 et seq., and is an 
agency within the Executive Office of the President (EOP). The Chairman 
of CEQ, who is appointed by the President with the advice and consent 
of the Senate, serves as the principal environmental policy adviser to 
the President. CEQ coordinates federal environmental efforts and works 
closely with agencies and other White House offices in the development 
of environmental policies and initiatives. CEQ also oversees federal 
agencies implementation of NEPA through promulgation of regulations 
implementing the procedural provisions of NEPA (40 CFR 1500-1508) 
and through interpretation of statutory requirements. CEQ also has a 
variety of other responsibilities under NEPA, the Environmental Quality 
Improvement Act of 1970 and other statutes.
    Section 515 of the Treasury and General Government Appropriations 
Act for Fiscal Year 2001 (Public Law 106-554, hereinafter 
referred to as Section 515) directs the Office of Management and Budget 
to issue government-wide guidelines that "provide policy and 
procedural guidance to Federal agencies for ensuring and maximizing the 
quality, objectivity, utility, and integrity of information (including 
statistical information) disseminated by Federal agencies." OMB 
has required agencies to publish draft guidelines no later than May 1, 
2002. The Council on Environmental Quality's guidelines will be 
published in the Federal Register and posted on the agency's Web site 
at www.whitehouse.gov/ceq.
    The following are CEQ's "Proposed Guidelines for Ensuring and 
Maximizing the Quality, Objectivity, Utility, and Integrity of 
Information Disseminated by the Council on Environmental 
Quality":

A. CEQ Will Ensure That All Information It Disseminates to the Public 
Meets All Applicable Standards of Quality, Including Objectivity, 
Utility and Integrity. CEQ Hereby Adopts This Standard of Quality, as a 
Performance Goal, and Adopts the Following Procedures for the 
Incorporation of Information Quality Criteria Into CEQ Information 
Dissemination Activities

1. Objectivity and Utility of Information
    As defined in Section C, below, "objectivity" is a 
measure of whether disseminated information is "accurate, clear, 
complete, and unbiased;". "Utility" refers to the 
usefulness of the information to its intended audience. CEQ is 
committed to disseminating reliable and useful information. Before 
disseminating information, CEQ staff and officials will ensure that the 
information has been reviewed in an information quality review process 
that is proportional to the importance of the information. It is the 
primary responsibility of the professional staff person drafting 
information intended for dissemination, or supervising the preparation 
of such information, to use the most knowledgeable and reliable sources 
reasonably available to confirm the objectivity and utility of such 
information.
    2. Much of the information CEQ disseminates consists of or is based 
on information submitted to CEQ by other Federal agencies. Prior to 
dissemination of such information, responsible CEQ staff will obtain a 
written statement from the agency submitting the information attesting 
that the

[[Page 35815]]

information meets the agency of origin's information quality 
guidelines.
    3. In seeking to assure the "objectivity" and 
"utility" of the information it disseminates, CEQ will 
generally follow the basic clearance process established internally by 
the Chief of Staff and, where appropriate, the government-wide 
clearance process coordinated by OMB. Where appropriate, substantive 
input will be sought from within CEQ, other offices within the EOP, 
other government agencies, non-government organizations, and the 
public. When CEQ determines that the transparency of information is 
relevant for assessing the information's usefulness from the 
perspective of the users of the information, including the public, CEQ 
shall ensure that transparency has been appropriately addressed and 
provided. In determining the appropriate level of transparency, CEQ 
should consider the types of data that can practicably be subjected to 
a reproducibility requirement given ethical, feasibility, and 
confidentiality constraints.
    4. The CEQ staff member or official responsible for the 
dissemination of information should generally take the following basic 
steps to assure the "objectivity" and "utility" 
of the information to be disseminated:
    a. Preparing a draft of the document after consulting the necessary 
parties, including government and non-government sources, as 
appropriate;
    b. Determining necessary clearance points;
    c. Determining where the final decision shall be made;
    d. Determining whether peer review would be appropriate and, if 
necessary, coordinating such review;
    e. Obtain clearances; and
    f. Overcoming delays and, if necessary, presenting the matter to 
higher authority.
    5. For information regarding risks to human health, safety and the 
environment and information that CEQ determines is 
"influential" as defined in Section D(3) of these 
guidelines, CEQ adapts the standards set forth by Congress in the Safe 
Drinking Water Act Amendments of 1996 (42 U.S.C. 300g-1(b)(3)(A) 
& (B) to CEQ's information quality review process. Thus, CEQ will 
use the "best available, peer-reviewed science and supporting 
studies conducted in accordance with sound and objective scientific 
practices", and "data collected by the accepted methods or 
best available methods (if the reliability of the method and the nature 
of the decision justifies use of the data)." Such information 
shall be presented in a manner that is comprehensive and informative. 
CEQ will also determine whether peer review would be appropriate and, 
if necessary, coordinate such review. Further, CEQ will provide 
sufficient information about such methods as related to influential 
information that a qualified member of the public could reproduce the 
analysis, subject to an acceptable degree of imprecision and subject to 
ethical, feasibility and confidentiality constraints.
    6. CEQ will disseminate information only after appropriate internal 
clearances are obtained from the Office of the General Counsel and the 
Chief of Staff.
    7. "Integrity" refers to be protection of information 
from unauthorized, unanticipated, or unintentional modification, thus 
preventing information from being compromised by corruption of 
falsification. Within the EOP, the Office of Administration has 
substantial responsibility for ensuring the "integrity" of 
information as defined in these guidelines. CEQ also has an 
Administrative Officer that coordinates and works with the EOP Office 
of Administration to ensure the integrity of information. These offices 
implement and maintain new computer software and hardware systems and 
provide operational support for systems and system users.
    8. Computer security is the responsibility of the EOP Office of 
Administration's Chief Information, Information Assurance Directorate. 
This Office oversees all matters relating to information integrity, 
including the design and implementation of the security architecture 
for the EOP, periodic audits of security architecture components, and 
review and approval of changes to the technical baseline.
    9. As an agency under the EOP, CEQ is an integral part of the 
overall EOP network, and is an active participant in all aspects of 
information integrity at EOP. CEQ adheres to both law and OMB IT 
security policies, along with EOP security policies and operational 
processes for the protection of data and information.
    10. Information quality standards applicable to the dissemination 
of information by CEQ may be waived temporarily by the Chair of CEQ, 
the General Counsel, the Chief of Staff, or his/her designee in urgent 
situations (e.g., imminent threats to public health, homeland security, 
or of significant environmental impact) to the extent necessary to 
respond to the urgent situation. Any waiver shall provide for public 
notice, to the extent practicable under the circumstances of the 
waiver, and a determination of the point at which the normal 
application of information quality standards will resume.

B. Administrative Process for Correction of Information

    1. Any person who is affected by information disseminated by CEQ 
that he or she believes does not comply with these guidelines may seek 
correction of that information by submitting a request for correction 
to CEQ within 90 days of CEQ's dissemination of the information.
    2. Any request for correction must be submitted by mail to the 
Deputy General Counsel, CEQ, 722 Jackson Place, NW., Washington, DC 
20503 or via electronic mail at [email protected]. 
The request for correction should be as specific as possible regarding 
the information that is the subject of the concern and the reason(s) 
for the concern. Affected persons shall clearly indicate that the 
communication is a "Request for Correction" under Section 
515 of the Treasury and General Government Appropriation Act for Fiscal 
Year 2001. Persons should specify the information that is being 
contested, the aspect of the information that needs to be corrected, 
explain how they are affected by the information, how the information 
identified does not comply with applicable information quality 
guidelines, and what corrective action is sought. Persons should 
provide all supporting information necessary for CEQ to correct the 
information. CEQ may decline to respond to requests that appear to be 
frivolous and/or duplicative.
    3. CEQ will respond to any request within 60 days of receipt of the 
request in accordance with paragraph C.1, and may at that time provide 
an initial response that additional time is necessary to consider the 
request, to consult with the source of the information or other 
agencies, or to obtain additional information from the requestor or the 
public. If CEQ finds that additional time is necessary, CEQ shall seek 
a mutually agreed-upon extension of time and, if agreement is not 
obtained, shall include in its initial response a deadline for a final 
CEQ response based upon the factors that require additional time.
    4. CEQ's final response will set forth whether CEQ agrees or 
disagrees with the concern expressed and, if it believes that concern 
has validity, how CEQ will correct the information or otherwise address 
the concern. Subject to applicable law, rules and regulations, CEQ may 
take corrective measures through any appropriate and effective means, 
including personal contacts via letter or telephone, form letters, 
press

[[Page 35816]]

releases, or postings on the CEQ Web site to correct a widely 
disseminated error or address a frequently raised request. Corrective 
measures, where appropriate, should be designed to provide reasonable 
notice to affected persons of such correction.
    5. If CEQ responds that the information meets the requirements of 
the applicable guidelines and no correction is needed, the affected 
person may request reconsideration of the response from the CEQ General 
Counsel within 60 days of receipt of the response. Such a request for 
reconsideration shall clearly indicate that the communication is a 
"Request for Reconsideration" under Section 515 of the 
Treasury and General Government Appropriations Act for Fiscal Year 2001 
and set forth, as specifically as possible, the reasons for the 
affected person's disagreement with CEQ's response. The request for 
reconsideration should be mailed to the CEQ General Counsel, 722 
Jackson Place, NW., Washington, DC 20503 or   e-mailed to 
[email protected].. CEQ will respond to any such 
request for reconsideration within 60 days of receipt of the request.

C. Definitions

    1. "Affected" persons are those who use, or may benefit 
from or be harmed by, the disseminated information.
    2. "Dissemination" means agency-initiated or sponsored 
distribution of information to the public, whether in written, 
electronic, or audiovisual form. Dissemination does not include 
distribution of information or materials that are:
    a. Intended for government employees or agency contractors, 
consultants or volunteers;
    b. Intended for U.S. government agencies;
    c. Produced in response to requests for agency records under the 
Freedom of Information Act, the Privacy Act, the Federal Advisory 
Committee Act or similar law, or requests from Congress or other 
government officials;
    d. Correspondence or other communication limited to individuals or 
to other persons within the meaning of "person" as forth in 
paragraph 7, below;
    e. Archival records;
    f. Responses to subpoenas or other compulsory document productions;
    g. Documents prepared for adjudicative proceedings.
    3. "Influential" when used in the phrase 
"influential information" refer to disseminated information 
that CEQ determines will have a clear and substantial impact on 
important public policies or important private sector decisions.
    4. "Information," for purposes of these guidelines, 
means any communication or representation of facts or data, in any 
medium or form, including textual, numerical, graphic, cartographic, 
narrative, or audiovisual forms. This definition does not include:
    a. Opinions, where the presentation makes clear that the statements 
are subjective opinions, rather than facts; however, any underlying 
information disseminated by CEQ upon which the opinion is based may be 
subject to these guidelines;
    b. Information originated by, and attributed to, non-CEQ sources, 
provided CEQ does not expressly rely upon it. Examples include: non-
U.S. Government information reported and duly attributed in materials 
prepared and disseminated by CEQ; hyperlinks on CEQ's Web site to 
information that others disseminate; and reports of advisory committees 
published on CEQ's Web site;
    c. Statements related solely to the internal personnel rules and 
practices of CEQ and other materials produced for CEQ employees, 
contractors, agents, volunteers or alumni;
    d. Descriptions of the agency, its responsibilities and its 
organizational components;
    e. Statements, the modification of which might cause harm to the 
national security, including harm to the national defense or foreign 
relations of the United States;
    f. Statements of Administration policy; however, any underlying 
information disseminated by CEQ upon which a statement is based may be 
subject to these guidelines;
    g. Testimony or comments of CEQ officials before Congress, courts, 
administrative bodies, or the media;
    h. Investigatory material compiled pursuant to U.S. law or for law 
enforcement purposes in the United States; or
    i. Statements which are, or which reasonably may be expected to 
become, the subject of litigation, whether before a U.S. or foreign 
court, or in a dispute resolution proceeding.
    5. "Integrity" refers to the security of 
information-protection of the information from unauthorized 
access or revision, to prevent the information from being compromised 
through corruption or falsification.
    6. "Objectivity" addresses whether disseminated 
information is being presented in an accurate, clear, complete, and 
unbiased manner, including background information where warranted by 
the circumstances.
    7. "Person" means an individual, partnership, 
association, corporation, business trust, or legal representative, an 
organized group of individuals, a regional, national, State, 
territorial, tribal, or local government or branch thereof, or a 
political subdivision of a State, territory, tribal, or local 
government or a branch of a political subdivision, or an international 
organization;
    8. "Quality" encompasses "utility", 
"objectivity", and "integrity". Thus, the 
government-wide guidelines and CEQ's guidelines may refer to these four 
statutory terms, collectively, as "quality".
    9. "Utility" refers to the usefulness of the 
information to its intended users, including the public.

    Dated: May 15, 2002.
James L. Connaughton,
Chairman, Council on Environmental Quality.
[FR Doc. 02-12643 Filed 5-20-02; 8:45 am]
BILLING CODE 3125-01-M