[Federal Register Volume 67, Number 109 (Thursday, June 6, 2002)]
[Notices]
[Pages 38959-38962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14013]


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OFFICE OF NATIONAL DRUG CONTROL POLICY


Information Quality Guidelines and Request for Comments

AGENCY: Office of National Drug Control Policy.

ACTION: Proposed information quality guidelines; request for comments.

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SUMMARY: The Office of Management and Budget (OMB) has directed that 
federal agencies make available on their websites guidelines for 
ensuring and maximizing the quality, objectivity, utility, and 
integrity of information (including statistical information) 
disseminated by federal agencies, as well as administrative mechanisms 
allowing affected persons to seek and obtain correction of information 
maintained and disseminated by the agency that does not comply with the 
guidelines. The Office of Drug Control Policy (ONDCP) now seeks public 
comments on the following draft guidelines covering pre-dissemination 
information quality control and an administrative mechanism for 
requests for correction of information publicly disseminated by ONDCP.

DATES: Submit comments on or before July 24, 2002.

ADDRESSES: Address comments concerning these proposed guidelines to Dr. 
Terry S. Zobeck of the Office of Planning and Budget, Office of 
National Drug Control Policy (ONDCP), 750 17th Street, NW, 7th Floor, 
Washington, DC 20503. Facsimile: 202-385-6729.
    Submit electronic comments to [email protected].

FOR FURTHER INFORMATION CONTACT: Dr. Terry S. Zobeck, 202-395-6736.
    For the reasons discussed in the summary, the Office of National 
Drug Policy proposes to issue these guidelines pursuant Section 515 of 
the Paperwork Reduction Act (44 U.S.C. 3502(1) et seq.).

Office of National Drug Control Policy Information Quality Guidelines

    The authority for issuing these guidelines is: 44 U.S.C. 3502(1) et 
seq.: OMB Guidelines for Ensuring and Maximizing the Quality, 
Objectivity, Utility, and Integrity of Information Disseminated by 
Federal Agencies, 66 FR No. 189 at 49728, updated in 67 FR 369, and 
corrected in 67 FR 8452.
    Section 1. Procedures for Ensuring and Maximizing the Quality, 
Objectivity, Utility, and Integrity of Information Prior to 
Dissemination.
    (a) Objectivity and Utility of Information
    (b) Integrity of Information
    Section 2. Requests for Correction of Information Publicly 
Disseminated by the Office of Management and Budget.
    Section 3. Procedures for Requesting Reconsideration.
    Section 4. Definitions.

    Dated: May 29, 2002.
Linda V. Priebe,
Assistant General Counsel.

Information Quality Guidelines

    The Office of National Drug Control Policy (ONDCP) publishes these 
guidelines in accordance with the Guidelines for Ensuring and 
Maximizing the Quality, Objectivity, Utility, and Integrity of 
Information Disseminated by Federal Agencies (Agency-wide Guidelines) 
published by Office of Management and Budget (OMB) in the Federal 
Register in 66 FR No. 189 at 49718 on Friday, September

[[Page 38960]]

28, 2001, updated in 67 FR 369 on Thursday, January 3, 2002 and 
corrected in 67 FR 8452 on February 22, 2002. These published 
guidelines were issued pursuant to Section 515 of the Paperwork 
Reduction Act (44 U.S.C. 3502(1) et seq.). In response to the 
legislation and the published guidelines, ONDCP identifies the 
following policies and procedures for ensuring and maximizing the 
quality, objectivity, utility, and integrity of information 
disseminated by OMB; and it hereby establishes additional procedures 
for affected persons to seek and obtain correction of information 
maintained and disseminated by ONDCP that does not comply with 
standards set out in the Agency-wide Guidelines.

Section I. Procedures for Ensuring and Maximizing the Quality, 
Objectivity, Utility, and Integrity of Information Prior to 
Dissemination

    In Agency-wide Guidelines, quality is defined as an encompassing 
term comprising utility, objectivity, and integrity.
(a) Objectivity and Utility of Information
    (1) As defined in Section IV, 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. ONDCP is committed to disseminating reliable and 
useful information. Before disseminating information, ONDCP staff and 
officials should subject such draft information to an extensive review 
process. It is the primary responsibility of the particular ONDCP 
Office (hereafter referred to as ``Lead Component'') drafting 
information intended for dissemination to pursue the most knowledgeable 
and reliable sources reasonably available to confirm the objectivity 
and utility of such information.
    (2) Much of the information ONDCP disseminates consists of or is 
based on information submitted to ONDCP by other federal government 
agencies. ONDCP expects that agencies will subject information 
submitted to ONDCP to adequate quality control measures. In drafting 
the material to be disseminated, the Lead Component should review and 
verify the data submitted by the agencies, as necessary and 
appropriate. ONDCP also originates information based on research, 
assessments, and other efforts supporting drug policy development. The 
Lead Component should review and verify the data, as necessary and 
appropriate. Underlying information upon which the disseminated 
material is based may be subject to these guidelines only if that 
information is published by ONDCP. Being subject to these guidelines 
does not necessarily mean that the material published by ONDCP is a 
policy statement of the U.S. government. ONDCP contracts with 
organizations to conduct research in support of drug policy, but their 
results are not influenced by ONDCP policy. Each Component that 
disseminates information should maintain verification files of 
materials that it originates.
    (3) In seeking to assure the objectivity and utility of the 
information it disseminates, ONDCP should generally follow a basic 
clearance process coordinated by the Lead Component drafting 
information intended for dissemination. The quality control process 
places responsibility for action upon the Lead Component. The Lead 
Component is encouraged to consult with all Components throughout ONDCP 
having substantial interest or expertise in the material proposed to be 
disseminated. Where appropriate, substantive input also should be 
sought from other offices within the Executive Office of the President 
(EOP), other government agencies, non-government organizations, and the 
public.
    (4) The Lead Component should consider the uses of the information 
from both the perspective of ONDCP and the public. When it is 
determined that the transparency of information is relevant for 
assessing the information's usefulness from the public's perspective, 
the Lead Component should ensure that transparency is appropriately 
addressed.
    (5) When the Lead Component determines that the information it will 
disseminate is influential scientific, financial, or statistical 
information, extra care should be taken to include a high degree of 
transparency about data and methods to meet the Agency-wide Guidelines' 
requirement for the reproducibility of such information. In this 
context, a high degree of transparency for published information means 
that the methodology used to derive the results is readily 
understandable to persons experienced in the appropriate field of 
study. In determining the appropriate level of transparency, the Lead 
Component should consider the types of data that can practicably be 
subjected to a reproducibility requirement given ethical, feasibility, 
and confidentiality constraints. In making this determination, the Lead 
Component should hold analytical results to an even higher standard 
than original data.
    (6) The Component 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) Prepare a draft of the document after consulting the necessary 
parties, including government and non-government sources, as 
appropriate;
    (b) Determine necessary clearance points;
    (c) Determine where the final decision shall be made;
    (d) Determine whether peer review would be appropriate and, if 
necessary, coordinating such review;
    (a) Obtain clearances; and
    (f) Resolve issues related to information ``objectivity'' and 
``utility'' and, if necessary, presenting the matter to higher 
authority.
    (7) Hard-copy public dissemination of information and all 
information published on ONDCP's website 
<www.WhiteHouseDrugPolicy.gov shall occur only after 
clearances are obtained from all appropriate Components and, as 
appropriate, the Office of the Chief-of-Staff.
    (8) The quality control procedures followed by ONDCP should vary 
with the nature of the information and the manner of its distribution.
    (9) These guidelines focus on procedures for the dissemination of 
information, as those terms are defined herein. Accordingly, procedures 
specifically applicable to forms of communication outside the scope of 
these guidelines, such as those for correspondence or press releases, 
among others, are not included.
    Conclusion: ONDCP will maximize the quality of the information it 
disseminates, in terms of objectivity and utility, first by looking for 
input from a range of sources and perspectives, to the extent 
practicable under the circumstances, and second by subjecting draft 
materials to a review process involving as many Components and offices 
as may be in a position to offer constructive input, as well as other 
offices within the Executive Office of the President (EOP) and other 
government agencies.
(b) Integrity of Information
    (1) Integrity refers to the security of information--protection of 
the information from unauthorized, unanticipated, or unintentional 
modification--to prevent information from being compromised through 
corruption or falsification.
    (2) Within the Executive Office of the President (EOP), the Office 
of Administration has substantial responsibility for ensuring the 
integrity

[[Page 38961]]

of information as defined in these guidelines. ONDCP also has a 
Management and Administration Office 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.
    (3) Computer security is the responsibility of the EOP Office of 
Administration's Chief Information Officer, 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. Per law and ONDCP policy, EOP's information technology (IT) 
security policy, procedures, and controls are risk-based, cost-
effective, and incorporated into the lifecycle planning of every IT 
investment. Additionally, the Office: assesses risks to its systems and 
implements appropriate security controls; reviews annually the security 
of its systems; and develops plans to remediate all security weaknesses 
found in independent evaluations and other security audits and reviews.
    (4) As an agency under the EOP, ONDCP is an integral part of the 
overall EOP network, and is an active participant in all aspects of 
information integrity at EOP. ONDCP adheres to both law and ONDCP IT 
security policies, along with EOP security policies and operational 
processes for the protection of ONDCP's data and information. This 
includes ensuring that controls to protect the security of information 
(and the integrity of information) are risk-based, cost-effective, and 
incorporated into the life-cycle planning of every IT investment. 
ONDCP's systems are reviewed annually in accordance with existing law 
and policy and corrective action plans are developed to address all 
security weaknesses, such as integrity issues.

Section II. Requests for Correction of Information Publicly 
Disseminated by the Office of Management and Budget

    ONDCP works continuously to be responsive to users of its 
information and to ensure quality. In furtherance of these objectives, 
when ONDCP receives any information from the public that raises 
questions about the quality of the information it has disseminated, 
ONDCP duly considers corrective action.
    (a) Persons seeking to correct information affecting them that was 
publicly disseminated by ONDCP may submit such requests to the ONDCP 
Chief-of-Staff, at Executive Office of the President, Office of 
National Drug Control Policy, Washington, DC 20503. Persons should 
address requests to ``ONDCP Chief-of-Staff'' and 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, 
why the information is being contested, the specific aspect of the 
information that needs to be corrected, an explanation of how they are 
affected by the information, how the information identified does not 
comply with ONDCP guidelines, and what corrective action is sought. 
Persons should provide all supporting documentation necessary for ONDCP 
to resolve the complaint.
    (b) If the information disseminated by ONDCP and contested by an 
affected person was previously disseminated by another Federal agency 
in virtually identical form, then the complaint should be directed to 
the originating agency.
    (c) Requests will be received by the ONDCP Chief-of-Staff. 
Typically, requests raising substantive issues will be forwarded to the 
Component within ONDCP responsible for the subject area.
    (d) These guidelines apply only to requests submitted as outlined 
in Section II, paragraph (a) above. These guidelines will not be 
applied to any other form of request and also may not be applied to a 
request submitted consistent with the procedures outlined above, if 
ONDCP determines:
    (1) It is not submitted by an affected person for the correction of 
publicly disseminated information of the Office of National Drug 
Control Policy, as those terms are defined in these guidelines, or
    (2) The information identified in Section II, paragraph (a) above 
has not been provided in full. All requests submitted as outlined in 
Section II, paragraph (a) that are not excluded under the criteria 
identified in (1) or (2) of this section, will be considered ``covered 
requests'' and will be processed under these guidelines.
    (e) If ONDCP determines that a request is not covered by these 
guidelines, it will so advise the requester within 60 days, unless 
there is a reasoned basis for an extension. If a request is deemed 
frivolous, no response will be made.
    (f) For covered requests, the Component reviewing the request will 
give the request due consideration, including a review of the 
disseminated information at issue and other materials, as appropriate. 
Where the reviewing Component or office determines that the information 
publicly disseminated by ONDCP warrants correction, it should consider 
appropriate corrective measures recognizing the potential implications 
for ONDCP and the United States.
    (g) When considering covered requests to determine whether a 
corrective action is appropriate, the reviewing Component may consider 
the factors in Section 2, paragraph (d) in addition to the following 
factors:
    (1) The significance of the information involved, and
    (2) The nature and extent of the request and the public benefit of 
making the requested correction.
    (h) If ONDCP determines that a request is covered by these 
guidelines, but that corrective action is unnecessary or is otherwise 
inappropriate, ONDCP will notify the requestor of its determination 
within 60 days, unless there is a reasoned basis for an extension.
    (i) If ONDCP determines that a request is covered by these 
guidelines and that corrective action is appropriate, it will notify 
the requestor of its determination and what action has been or will be 
taken within 60 days, unless there is a reasoned basis for an 
extension. Subject to applicable law, rules and regulations, corrective 
measures may be taken through a number of forms, including (but not 
limited to): Personal contacts via letter or telephone, form letters, 
press releases or postings on the ONDCP Web site, 
<www.WhiteHouseDrugPolicy.gov, 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.

Section III. Procedures for Requesting Reconsideration

    (a) The following procedures are available to an affected person 
who has filed a covered request for correction of public information in 
accordance with Section II, above; who received notice from the ONDCP 
Chief-of-Staff of ONDCP's determination; and who believes that the 
ONDCP did not take appropriate corrective action. Requests determined 
by ONDCP to be not covered by the guidelines and requests determined to 
be frivolous will not be reconsidered under these provisions. These 
procedures apply to information

[[Page 38962]]

disseminated by ONDCP on or after October 1, 2002.
    (b) To request reconsideration, persons should clearly indicate 
that the communication is a Request for Reconsideration; should 
reference Section 515 of the Treasury and General Government 
Appropriations Act for Fiscal Year 2001; and should include a copy of 
the request for correction previously submitted to ONDCP and ONDCP's 
response. Resubmission should be made to the ONDCP Chief-of-Staff by 
mail using the contact information in Section II, paragraph (a), above. 
Requests for Reconsideration must be submitted within thirty (30) days 
of the date of ONDCP's notification to the requester of the disposition 
of the underlying request for correction.
    (c) ONDCP's Chief-of-Staff will consider the request for 
reconsideration applying the standards and procedures set out in 
Section II, and will make a determination regarding the request. In 
most cases, the requestor will be notified of the determination and, if 
appropriate, the corrective action to be taken, within 60 days. ONDCP 
will give reasonable notice to affected persons of any corrections 
made.

Section IV. Definitions

    (a) Affected persons are those who may benefit or be harmed by the 
disseminated information. This includes both: (1) Persons seeking to 
address information about themselves or about other persons to whom 
they are related or associated; and (2) persons who use the 
information.
    (b) Dissemination means agency initiated or sponsored distribution 
of information to the public (see 5 CFR 1320.3(d) ``Conduct or 
Sponsor''). Dissemination does not include distributions of information 
or other materials that are:
    (1) Intended for government employees or agency contractors or 
grantees;
    (2) Intended for U.S. Government agencies;
    (3) Produced in responses to requests for agency records under the 
Freedom of Information Act, the Privacy Act, the Federal Advisory 
Committee Act or similar law;
    (4) Correspondence or other communication limited to individuals or 
to other persons, within the meaning of paragraph 7, below; or
    (5) Communications such as press releases, interviews, speeches, 
and similar statements.
    Also excluded from the definition are archival records; public 
filings; responses to subpoena or compulsory document productions; or 
documents prepared and released in the context of adjudicative 
processes. These guidelines do not impose any additional requirements 
on agencies during adjudicative proceedings and do not provide parties 
to such adjudicative proceedings any additional rights of challenge or 
appeal.
    (c) Influential, when used in the phrase ``influential scientific, 
financial, or statistical information,'' refers to disseminated 
information that ONDCP determines will have a clear and substantial 
impact on important public policies or important private sector 
decisions.
    (d) Information, for purposes of these guidelines, including the 
administrative mechanism described in Sections II and III, above, 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:
    (1) Opinions or policy, where the presentation makes clear that the 
statements are subjective opinions, rather than facts. Underlying 
information upon which the opinion or policy is based may be subject to 
these guidelines only if that information is published by ONDCP;
    (2) Information originated by, and attributed to, non-ONDCP 
sources, provided ONDCP does not expressly rely upon it. Examples 
include: non-U.S. government information reported and duly attributed 
in materials prepared and disseminated by ONDCP; hyperlinks on ONDCP's 
website to information that others disseminate; and reports of advisory 
committees published on ONDCP's website;
    (3) Statements related solely to the internal personnel rules and 
practices of ONDCP and other materials produced for ONDCP employees, 
contractors, or agents;
    (4) Descriptions of the agency, its responsibilities and its 
organizational components;
    (5) 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;
    (6) Statements of Administration policy; however, any underlying 
information published by ONDCP upon which a statement is based may be 
subject to these guidelines;
    (7) Testimony or comments of ONDCP officials before courts, 
administrative bodies, Congress, or the media;
    (8) Investigatory material compiled pursuant to U.S. law or for law 
enforcement purposes in the United States; or
    (9) 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 an international arbitral or other dispute resolution 
proceeding.
    (e) 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.
    (f) Objectivity addresses whether disseminated information is being 
presented in an accurate, clear, complete, and unbiased manner, 
including background information where warranted by the circumstances.
    (g) 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;
    (h) Quality is an encompassing term comprising utility, 
objectivity, and integrity. Therefore, the guidelines sometimes refer 
these four statutory terms, collectively, as quality.
    (i) Utility refers to the usefulness of the information to its 
intended users, including the public.

[FR Doc. 02-14013 Filed 6-5-02; 8:45 am]
BILLING CODE 3180-02-P