[Federal Register Volume 67, Number 120 (Friday, June 21, 2002)]
[Notices]
[Pages 42255-42257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-15777]


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EXECUTIVE OFFICE OF THE PRESIDENT

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 and corrections to comment request.

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SUMMARY: This notice requests comment on proposed guidelines. These 
proposed guidelines were first published in Federal Register Vol. 67 
No. 98 on May 21, 2002. They were accompanied by a request for 
comments, however, the email address listed was incorrect. This notice 
has the correct email address and an extended comment period to July 
15, 2002.
    These guidelines implement 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 (Vol. 67 
Federal Register No. 36, at 8452).

DATES: Public comments must be submitted by July 15, 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: Notice of this action appeared in 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'' refer 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 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

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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. Obtaining 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 the protection of information from 
unauthorized, unanticipated, or unintentional modification, thus 
preventing information from being compromised by corruption or 
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 the 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 releases, or postings on the CEQ website 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 Appropriation 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

[[Page 42257]]

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'' refers 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 
communications 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 website to 
information that others disseminate; and reports of advisory committees 
published on CEQ's website;
    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: June 18, 2002
James L. Connaughton,
Chairman, Council on Environmental Quality.
[FR Doc. 02-15777 Filed 6-20-02; 8:45 am]
BILLING CODE 3125-01-M