[Federal Register Volume 88, Number 159 (Friday, August 18, 2023)]
[Proposed Rules]
[Pages 56708-56744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17664]



[[Page 56707]]

Vol. 88

Friday,

No. 159

August 18, 2023

Part II





Office of Management and Budget





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5 CFR Part 1321





Fundamental Responsibilities of Recognized Statistical Agencies and 
Units; Proposed Rule

  Federal Register / Vol. 88, No. 159 / Friday, August 18, 2023 / 
Proposed Rules  

[[Page 56708]]


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OFFICE OF MANAGEMENT AND BUDGET

5 CFR Part 1321

[Docket No. OMB-2023-0015]
RIN 0348-AB81


Fundamental Responsibilities of Recognized Statistical Agencies 
and Units

AGENCY: Office of Management and Budget (OMB), Executive Office of the 
President.

ACTION: Notice of proposed rulemaking.

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SUMMARY: Public trust in Federal statistics is essential to their value 
and use in informing decisions across public and private sectors. To 
promote public trust in the statistical agencies and units that produce 
Federal statistics, the Office of Management and Budget proposes to 
issue regulations pursuant to Title III of the Foundations for 
Evidence-Based Policymaking Act of 2018 (Evidence Act) that provide 
direction to statistical agencies and units. These proposed regulations 
also would provide direction to other Federal agencies to enable, 
support, and facilitate statistical agencies and units in carrying out 
four fundamental responsibilities: produce and disseminate relevant and 
timely statistical information, conduct credible and accurate 
statistical activities, conduct objective statistical activities, and 
ensure the confidentiality and exclusive statistical use of data 
collected for statistical purposes.

DATES: Send comments on or before October 2, 2023.

ADDRESSES: You may send comments, identified by Docket No. OMB-2023-
0015 and/or RIN number 0348-AB81, by any of the following methods:
    * Federal eRulemaking Portal: www.regulations.gov. Follow the 
instructions for sending comments.
    * Email: [email protected]. Include Docket No. OMB-2023-
0015 and/or RIN number 0348-AB81 in the subject line of the message.
    Instructions: All submissions received must include the agency name 
and docket number or Regulatory Information Number (RIN) for this 
rulemaking. All comments received will be posted without change to 
www.regulations.gov. In addition, comments submitted in response to 
this notice may be subject to disclosure under the Freedom of 
Information Act. For these reasons, please do not include in your 
comments information of a confidential nature, such as sensitive 
personal information or proprietary information. If you send an email 
comment, your email address will be automatically captured and included 
as part of the comment that is placed in the public docket; however, 
www.regulations.gov does include the option of commenting anonymously. 
Please note that responses to this public comment request containing 
any routine notice about the confidentiality of the communication will 
be treated as public comments that may be made available to the public 
notwithstanding the inclusion of the routine notice.
    Docket: For access to the docket to read background documents or 
comments received, go to www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Kerrie Leslie, 202-395-5898, 
[email protected].

SUPPLEMENTARY INFORMATION:

A. Executive Summary

    The Foundations for Evidence-Based Policymaking Act of 2018 
(Evidence Act) became law on January 14, 2019.\1\ The Evidence Act 
seeks to ``advance evidence-building functions in the Federal 
government by improving access to data and expanding evaluation 
capacity.'' \2\ Part of advancing evidence-building functions is 
enhancing the foundation for generating high quality evidence, 
including improving the ability of Recognized Statistical Agencies and 
Units to produce relevant, credible, and objective statistical 
information. As such, Title III of the Evidence Act (also known as the 
Confidential Information Protection and Statistical Efficiency Act of 
2018, CIPSEA 2018) updated and enhanced CIPSEA 2002 \3\ by, among other 
things, codifying the four fundamental responsibilities of Recognized 
Statistical Agencies and Units and requiring other Federal agencies to 
enable, support, and facilitate the Recognized Statistical Agencies and 
Units in upholding these responsibilities. These proposed regulations 
seek to provide direction to agencies in carrying out these 
responsibilities. The four fundamental responsibilities are:
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    \1\ Foundations for Evidence-Based Policymaking Act of 2018, 
Public Law 115-435, 132 Stat. 5529 (2019), available at https://www.congress.gov/115/plaws/publ435/PLAW-115publ435.pdf.
    \2\ Foundations for Evidence-Based Policymaking Act of 2017, H. 
Rep. No. 115-411 (2017), available at https://www.congress.gov/congressional-report/115th-congress/house-report/411.
    \3\ E-Government Act of 2002, Public Law 107-347, title V; 116 
Stat. 2962 (2002), available at https://www.congress.gov/107/plaws/publ347/PLAW-107publ347.pdf.
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    (A) produce and disseminate relevant and timely statistical 
information;
    (B) conduct credible and accurate statistical activities;
    (C) conduct objective statistical activities; and
    (D) protect the trust of information providers by ensuring the 
confidentiality and exclusive statistical use of their responses.
    In codifying these responsibilities, the Congress recognized the 
value of maintaining and improving the relevance, accuracy, and 
objectivity of Federal statistical data as well as securing the 
protection of confidential information used in evidence-building. In 
codifying the fourth fundamental responsibility, the Evidence Act also 
reaffirmed the central tenet of CIPSEA 2002--that Recognized 
Statistical Agencies and Units must have the authority and capability 
to protect confidential statistical data and to assure information 
providers that any information provided to the Recognized Statistical 
Agency or Unit for statistical purposes under an obligation to maintain 
confidentiality will be kept strictly confidential and used exclusively 
for statistical purposes.
    While the principles addressed in this proposed regulation are not 
new, and in fact have long been a consistent subject of OMB, Federal 
Government, and international policy for almost as long as governments 
have been charged with collecting and disseminating information about 
their societies, their actual implementation in the form of standards 
and practices can involve a wide range of managerial and technical 
challenges, especially as the Federal Statistical System evolves in the 
face of the unique modern data environment. These proposed regulations 
seek to provide some clarity in upholding these requirements on 
Recognized Statistical Agencies and Units and other Federal agencies. 
While these proposed regulations seek to learn from the long history of 
policies developed to support Federal statistics, they also seek to 
promote moving Federal statistics forward. It is important that 
Recognized Statistical Agencies and Units continue to move their 
methods, engagements, and collaborations forward productively, 
recognizing lessons learned across their vast history while embracing 
new ways of working.

B. Statutory Authority

    As required by 44 U.S.C. 3563(c) and the general authority in 44 
U.S.C. 3562(a) to promulgate rules to ensure consistent interpretation 
by agencies of the requirements of CIPSEA 2018, OMB is proposing these 
regulations to provide direction to agencies in carrying out the 
responsibilities described in

[[Page 56709]]

section 3563. Section 3563 describes the fundamental responsibilities 
that Recognized Statistical Agencies and Units must adhere to, and 
charges all Federal agencies with enabling, supporting, and 
facilitating Recognized Statistical Agencies and Units in meeting these 
responsibilities.

C. Brief History of the U.S. Federal Statistical System and Related 
Authorities

    Federal statistics have informed decision-making in the United 
States since its founding. The first constitutionally mandated census 
of population and housing was in 1790.\4\ This 1790 Census planted the 
seeds for what is referred to today as the Federal Statistical System. 
Over the 19th century, the system continued to blossom into a 
specialized, decentralized, interconnected network to address emerging 
information demands, including tax, agriculture, education, and labor, 
for the growing Nation. The 20th century presented new and evolving 
policy needs leading to further expansion of the Federal Statistical 
System to include commerce, public health, energy, justice, 
transportation, and more. More than two decades into the 21st century, 
the Federal Statistical System continues to provide the gold-standard 
for impartial, trusted Federal statistics foundational to informing 
decisions across the public and private sectors.
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    \4\ Carroll Wright, Comm'r of Labor, The History and Growth of 
the United States Census, S. Doc. No. 194 (1900), available at 
https://www.census.gov/history/pdf/wright-hunt.pdf.
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    The Federal Statistical System. The Federal Statistical System 
collects and transforms data into useful, objective information and 
makes it readily and equitably available to stakeholders while 
protecting the responses of individual data providers. Federal, State, 
local, territorial, and Tribal governments; businesses; and the public 
all rely on this information to be credible and reliable and, so they 
can use it to make informed decisions. The decentralized, 
interconnected network includes:
    Office of the Chief Statistician of the United States. Led by the 
Chief Statistician of the United States, the Office of the Chief 
Statistician of the United States at OMB has the statutory 
responsibility \5\ of coordinating the Federal Statistical System to 
ensure its efficiency and effectiveness, as well as the integrity, 
objectivity, impartiality, utility, and confidentiality of information 
collected for statistical purposes. This office accomplishes this by 
promulgating regulations, developing and maintaining statistical 
policies and standards, identifying priorities for improving programs, 
assessing statistical agency budgets, reviewing and approving 
collections of information from Recognized Statistical Agencies and 
Units, and coordinating U.S. participation in international statistical 
activities, among other functions.
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    \5\ 44 U.S.C. 3504(e).
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    Sixteen Recognized Statistical Agencies and Units. Thirteen of the 
sixteen are considered to be principal statistical agencies and units 
(see Table 1), which are agencies or organizational units of the 
Executive Branch whose missions are predominantly the collection, 
compilation, processing, or analysis of information for statistical 
purposes,\6\ covering such topics as the economy, workforce, energy, 
agriculture, foreign trade, education, housing, crime, transportation, 
and health. In addition to those thirteen, three additional statistical 
units across the Federal Government are ``recognized'' by OMB under 
CIPSEA 2018.\7\ These three Recognized Statistical Agencies and Units 
are: the Microeconomic Surveys Unit at the Board of Directors of the 
Federal Reserve System; the Center for Behavioral Health Statistics and 
Quality within the Substance Abuse and Mental Health Services 
Administration at the Department of Health and Human Services; and the 
National Animal Health Monitoring System within the Animal and Plant 
Health Inspection Service at the Department of Agriculture.
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    \6\ 44 U.S.C. 3561(12) (``The term `Statistical purpose' (A) 
means the description, estimation, or analysis of the 
characteristics of groups, without identifying the individuals or 
organizations that comprise such groups; and (B) includes the 
development, implementation, or maintenance of methods, technical or 
administrative procedures, or information resources that support the 
purposes described in subparagraph (A)'').
    \7\ More information on the history of OMB ``recognition'' is 
available later.
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    Approximately 100 other statistical programs.\8\ These statistical 
programs produce and disseminate statistics in support of other mission 
areas and conduct a variety of evidence-building functions, including 
program evaluation, scientific research, data collection, policy and 
program analysis, and the provision of funding and other support for 
external research.
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    \8\ Office of Mgmt. & Budget, Exec Office of the President, 
Statistical Programs of the United States Government: Fiscal Years 
2019/2020 (2020), available at https://www.whitehouse.gov/wp-content/uploads/2020/12/statistical-programs-20192020.pdf.
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    Twenty-Four Statistical Officials. Pursuant to the Evidence Act, 
each Chief Financial Officers Act (CFO Act) agency \9\ has designated a 
senior staff person in the agency to be the Statistical Official with 
the authority and responsibility to advise across the agency on 
statistical policy, techniques, and procedures, and to champion 
statistical data quality and confidentiality. At the 11 CFO Act 
agencies that contain a principal statistical agency or unit, the head 
of that principal statistical agency or unit has been designated the 
Statistical Official, as required by OMB M-19-23.\10\
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    \9\ 31 U.S.C. 901.
    \10\ Office of Mgmt. & Budget, Exec Office of the President, M-
19-23, Phase 1 Implementing of the Foundations for Evidence-Based 
Policymaking Act of 2018: Learning Agendas, Personnel, and Planning 
Guidance (July 10, 2019), available at https://www.whitehouse.gov/wp-content/uploads/2019/07/M-19-23.pdf. In the case of the 
Departments of Agriculture and Commerce, which each host two 
principal statistical agencies or units, the Statistical Official 
role is rotated among the two principal statistical agencies or 
units.
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    Interagency Council on Statistical Policy (ICSP). Chaired by the 
Chief Statistician of the United States, the ICSP \11\ was established 
to advise and assist OMB, through the Chief Statistician of the United 
States, in carrying out its statutory responsibility to coordinate the 
Federal Statistical System to ensure its efficiency and effectiveness, 
as well as the objectivity, impartiality, utility, and confidentiality 
of information collected for statistical purposes; to implement 
statistical policies, principles, standards, and guidelines; and assess 
statistical program performance.\12\ The ICSP supports implementation 
of the statistical system's vision to operate as a seamless system, 
working together to provide strategic vision and robust implementation 
in support of the U.S. Federal Statistical System's critical 
longstanding--and expanding--role for supporting evidence-based 
decision-making. For example, the ICSP sets strategic goals on issues 
such as modernizing the statistical system, ensuring data quality and 
confidentiality, and providing safe and appropriate data access, 
playing an effective role in agency-wide data governance, as well as 
enhancing coordination and collaboration across the system. ICSP 
currently includes 26 members in addition to the Chair. Pursuant to the 
Paperwork Reduction Act of 1995 (PRA), all 13 heads of the principal 
statistical agencies and units

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are members.\13\ Pursuant to the Evidence Act, all 24 Statistical 
Officials are also members; however, 11 of the Statistical Officials 
are also heads of principal statistical agencies or units. The ICSP is 
a forum for collaboration, coordination, and information-sharing among 
the principal statistical agencies and units and additional statistical 
programs across its member agencies, including on issues such as 
ensuring data quality and confidentiality, attaining and providing data 
access, and playing an effective role in agency-wide data governance.
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    \11\ 44 U.S.C. 3504(e).
    \12\ Id.
    \13\ The ICSP was recently expanded to include the three 
Recognized Statistical Units, which will bring the ICSP membership 
up to 29 by fiscal year 2024.
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    Brief History of Recognized Statistical Agencies and Units. OMB 
first recognized statistical agencies and units in a June 1997 OMB 
Order, ``Order Providing for the Confidentiality of Statistical 
Information,'' (1997 Order).\14\ The 1997 Order sought to clarify, and 
make consistent, government policy protecting the privacy and 
confidentiality interests of individuals or organizations who furnish 
data for Federal statistical programs, and in it, OMB recognized 12 
statistical agencies and units subject to the order.\15\ About five 
years later, the Confidential Information Protection and Statistical 
Efficiency Act of 2002 (CIPSEA 2002) was enacted and gave OMB the 
authority to determine whether an agency or unit could be considered a 
statistical agency or unit for purposes of CIPSEA 2002, including for 
using the strong confidentiality protections it afforded. Those 
considered by OMB to be a statistical agency or unit for purposes of 
CIPSEA 2002 were known as recognized statistical agencies and units. 
CIPSEA 2002 implementation guidance recognized the 12 statistical 
agencies and units from the 1997 Order plus two additional statistical 
agencies or units.\16\ Since then, two more statistical agencies or 
units have been recognized by OMB.\17\ CIPSEA 2018 reauthorized the OMB 
authority to make this determination under section 3562.\18\ At 
current, there are 16 Recognized Statistical Agencies and Units. Table 
1 provides a list of the current 16 Recognized Statistical Agencies and 
Units and their highest-level organization, as well as an identifier if 
the Recognized Statistical Agency or Unit is also a principal 
statistical agency or unit.
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    \14\ Office of Mgmt. & Budget, Exec. Office of the President, 
Order Providing for the Confidentiality of Statistical Information, 
62 FR 35044 (1997), available at https://www.govinfo.gov/content/pkg/FR-1997-06-27/pdf/FR-1997-06-27.pdf.
    \15\ Id. The term ``designated'' was used in the 1997 Order. For 
the purposes of this proposed regulation, OMB uses the term 
recognized in this discussion of the history of OMB's role in 
identifying these entities to provide consistency across the 
discussion with the current implementation.
    \16\ Implementation Guidance for Title V of the E-Government 
Act, Confidential Information Protection and Statistical Efficiency 
Act of 2002 (CIPSEA) 72 FR 33362 (June 15, 2007), available at 
https://www.govinfo.gov/content/pkg/FR-2007-06-15/pdf/E7-11542.pdf.
    \17\ See Statistical Policy Directive No. 1: Fundamental 
Responsibilities of Federal Statistical Agencies and Recognized 
Statistical Units, 79 FR 71610 (Dec. 2, 2014), available at https://www.govinfo.gov/content/pkg/FR-2014-12-02/pdf/2014-28326.pdf.
    \18\ CIPSEA 2018 uses the term ``designate'' to identify those 
statistical agencies or units that OMB identifies under section 3562 
and therefore are subject to the responsibilities in section 3563. 
CIPSEA 2018 also uses the term ``designate'' to identify the three 
statistical agencies and units given the authority to share business 
data with each other in section 3576. To avoid confusion in this 
proposed regulation, the term ``recognized'' is used, consistent 
with past practice, to refer to those statistical agencies and units 
identified under section 3562 and subject to the responsibilities in 
section 3563.

       Table 1--Current Recognized Statistical Agencies and Units
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                                                             Principal
 Recognized statistical agency        Highest level         statistical
            or unit                    organization           agency
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Bureau of Economic Analysis....  Department of Commerce.              X
Bureau of Justice Statistics...  Department of Justice..              X
Bureau of Labor Statistics.....  Department of Labor....              X
Bureau of the Census...........  Department of Commerce.              X
Bureau of Transportation         Department of                        X
 Statistics.                      Transportation.
Center for Behavioral Health     Department of Health
 Statistics and Quality.          and Human Services.
Economic Research Service......  Department of                        X
                                  Agriculture.
Energy Information               Department of Energy...              X
 Administration.
Microeconomic Surveys Unit.....  Board of Directors of
                                  the Federal Reserve
                                  System.
National Agricultural            Department of                        X
 Statistics Service.              Agriculture.
National Animal Health           Department of
 Monitoring System.               Agriculture.
National Center for Education    Department of Education              X
 Statistics.
National Center for Health       Department of Health                 X
 Statistics.                      and Human Services.
National Center for Science and  National Science                     X
 Engineering Statistics.          Foundation.
Office of Research, Evaluation,  Social Security                      X
 and Statistics.                  Administration.
Statistics of Income Division..  Department of the                    X
                                  Treasury.
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    Related authorities. Critical to a healthy, relevant Federal 
Statistical System has been the development and implementation of 
statutes, regulations, policies, and principles (hereafter collectively 
referred to as ``authorities'') to support its growth. Over the years, 
recognizing challenges faced by the Federal Statistical System as it 
grew, Congress, the Executive Branch, and outside experts--both 
nationally and internationally--have built a framework of authorities 
to address such challenges. For example, as inquiries into business 
operations, personal lives, and more began to expand and capture more 
detailed, sometimes sensitive, information, authorities evolved to 
provide for the necessary protection of such information (i.e., 
confidentiality) and for such information to only be used for 
exclusively statistical purposes (i.e., not for enforcement, 
administrative, or other non-statistical purposes). In addition, 
maintaining the public's trust in the statistical information produced 
by the Federal Statistical System is critical to the usefulness of the 
statistical information, and authorities have been issued and revised 
over time to promote the Federal Statistical System's ability to 
provide relevant, credible, and objective statistical information. 
Importantly, many authorities, such as individual entity authorizing 
statutes and cross-system statutes, co-exist and are complementary to 
promote a strong,

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vibrant, interconnected Federal Statistical System.
    What follows are brief descriptions of the most relevant 
authorities, in order of relevance, to these proposed regulations for 
the fundamental responsibilities of Recognized Statistical Agencies and 
Units. These authorities generally support the ability of the Federal 
Statistical System to create relevant, credible, accurate, and 
objective statistics in a way that promotes the trust of data 
providers.
    Evidence Act, CIPSEA 2002, and CIPSEA 2018. The Evidence Act was 
enacted on January 14, 2019, and emphasizes collaboration and 
coordination to advance data and evidence-building functions in the 
Federal Government by statutorily mandating Federal evidence-building 
activities, open government data, and confidential information 
protection and statistical efficiency. It consists of four titles:

Title I: Federal Evidence-Building Activities

    * Requires agency Evidence-Building Plans, Evaluation Plans, and 
Capacity Assessments.
    * Requires that agencies designate an Evaluation Officer and 
Statistical Official for the coordination of evaluation and statistical 
activities, policies, and techniques, respectively.
    * Requires that OMB establish an Advisory Committee on Data for 
Evidence Building.
    * Requires that OMB issue program evaluation standard and best 
practices.
    * Requires that OPM establish a program evaluation job series and 
career path.

Title II: OPEN Government Data Act

    * Requires agency Open Data Plans to make government data assets 
open to the public.
    * Requires agency comprehensive data inventories of all agency data 
assets.
    * Requires that agencies designate a Chief Data Officer for the 
coordination of Title II activities and policies.
    * Requires that OMB establish a Chief Data Officer Council.

Title III: Confidential Information Protection and Statistical 
Efficiency Act of 2018 (CIPSEA 2018)

    * Requires that OMB establish a process to recognize new 
statistical agencies or units.
    * Codifies Statistical Policy Directive No. 1, the ``Trust 
Directive'' for the fundamental responsibilities of statistical 
agencies or units.
    * Presumes accessibility for statistical agencies and units to 
obtain data from Federal agencies upon request for evidence-building.
    * Expands secure access to CIPSEA data assets.
    * Establishes a standard data application process for researchers.
    * Requires that OMB coordinate and oversee confidentiality and 
disclosure policies for executive or organizational units identified or 
designated by the Director of OMB, as statistical agencies or units.

Title IV: General Provisions

    * Outlines restrictions on disclosure of data.
    * Requires agencies, to the extent practicable, use existing 
procedures and resources to carry out agency requirements.
    The Evidence Act was a partial response \19\ to the recommendations 
from the final report of the Commission on Evidence-Based Policymaking 
(CEP),\20\ established in 2016 pursuant to the Evidence-Based 
Policymaking Commission Act of 2016.\21\ The CEP was charged with 
``[conducting] a comprehensive study of the data inventory, data 
infrastructure, database security, and statistical protocols related to 
Federal policymaking and the agencies responsible for maintaining that 
data'' and to make recommendations to Congress related to the access, 
integration, use, and control of data to facilitate research and 
evidence-based evaluation of government programs. As part of its 
conclusions, the CEP emphasized that making data available for 
statistical purposes to advance evidence-building could place that data 
at increased risk of being used for nonstatistical purposes in ways 
that undermine the public's willingness to provide data to the Federal 
Statistical System, and thus recognized the need for ``strict 
structural and institutional separation between statistical and 
nonstatistical uses of data,'' noting throughout its final report that 
a strong legal framework is needed to strengthen privacy and 
confidentiality protections for the data. The Evidence Act makes 
strides toward creating this strong legal framework. It mandates a 
systematic rethinking of government data management to better 
facilitate access for evidence-building activities and public 
consumption. The Evidence Act builds upon longstanding principles 
underlying Federal policies and data infrastructure investments that 
support information quality, access, protection, and evidence-building. 
It builds on these principles and provides an improved legal framework 
for enhancing and safeguarding data access.
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    \19\ Foundations for Evidence-Based Policymaking Act of 2018, 
Public Law 115-435, 132 Stat. 5529 (2019), available at https://www.congress.gov/115/plaws/publ435/PLAW-115publ435.pdf.
    \20\ Comm'n Evidence-Based Policymaking, The Promise of 
Evidence-Based Policymaking (2017), available at https://bipartisanpolicy.org/wp-content/uploads/2019/03/Full-Report-The-Promise-of-Evidence-Based-Policymaking-Report-of-the-Comission-on-Evidence-based-Policymaking.pdf.
    \21\ Evidence-Based Policymaking Commission Act of 2016, Public 
Law 114-140, 130 Stat. 317 (2016), available at https://www.congress.gov/bill/114th-congress/house-bill/1831/text.
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    The Evidence Act defines evidence as ``information produced as a 
result of statistical activities conducted for a statistical purpose,'' 
and OMB operationalized the definition in OMB M-19-23 as four 
interdependent components: foundational fact finding, policy analysis, 
program evaluation, and performance measurement.
    In particular and relevant to these proposed regulations, the 
Evidence Act creates the roles of Statistical Officials, Evaluation 
Officers, and Chief Data Officers \22\ to promote coordination and 
collaboration on evidence issues across the entire agency. It also 
updated and expanded CIPSEA 2002.\23\ CIPSEA 2002 established 
exclusively statistical uses of information collected under a pledge of 
confidentiality, provided for permitting controlled access to limited-
use data through Designated Agent Agreements, and established strong 
penalties for willful violation of the confidentiality provisions, 
among other provisions. With enactment of the Evidence Act, CIPSEA 2018 
codifies the uniform data protection requirements for Federal 
statistical collections, sets minimum standards for safeguarding 
confidential statistical data, and ensures the confidentiality of 
information collected exclusively for statistical purposes, in addition 
to numerous other provisions promoting safe and secure expanded access 
to restricted data.\24\ CIPSEA 2018 also:
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    \22\ 5 U.S.C. 314 (statistical official); 5 U.S.C. 313 
(Evaluation Officer); 44 U.S.C. 3520 (Chief Data Officer).
    \23\ E-Government Act of 2002, Public Law 107-347, title V; 116 
Stat. 2962 (2002), available at https://www.congress.gov/107/plaws/publ347/PLAW-107publ347.pdf.
    \24\ Notably, nothing in CIPSEA 2018 ``restrict[s] or 
diminish[es] any confidentiality protections or penalties for 
unauthorized disclosure that otherwise apply to data or information 
collected for statistical purposes or nonstatistical purposes.'' 44 
U.S.C. 3564(h).
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    (1) codified the four fundamental responsibilities of statistical 
agencies and units and the role of other Federal agencies in supporting 
the statistical agencies and units to meet their responsibilities (the 
subject of this proposed regulation);

[[Page 56712]]

    (2) required OMB to develop a process for recognizing additional 
statistical agencies and units;
    (3) provided a presumption of accessibility to other Federal 
agencies' data for Recognized Statistical Agencies and Units; and
    (4) required a standard framework to allow expanding access to 
restricted data and establishment of a Standard Application 
Process.\25\
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    \25\ Office of Mgmt. & Budget, Exec Office of the President, M-
23-04, Establishment of Standard Application Process Requirements on 
Recognized Statistical Agencies and Units Department Support for 
Implementation of Statistical Policy (Dec. 08, 2023), available at 
https://www.whitehouse.gov/wp-content/uploads/2022/12/M-23-04.pdf. 
The Standard Application Process, established in OMB M-23-04, 
outlines how each Recognized Statistical Agency or Unit shall meet 
its obligations under CIPSEA 2018 to establish an identical 
application process for access to confidential statistical data 
assets. This includes not just the application form, but also the 
criteria for determining whether to grant an applicant access to the 
confidential statistical data asset, timeframes for prompt 
determinations, an appeals process for adverse determinations, and 
reporting requirements for full transparency of the process.
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    Paperwork Reduction Act of 1995 (PRA). The PRA makes OMB 
responsible, among other requirements, for coordination of the Federal 
Statistical System through an appointed Chief Statistician of the 
United States who is a trained and experienced professional 
statistician.\26\ The purpose of this coordination is to ensure the 
integrity, objectivity, impartiality, utility, and confidentiality of 
information collected for statistical purposes.
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    \26\ 44 U.S.C. 3504(e)(7).
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    Privacy Act of 1974 (Privacy Act). The Privacy Act \27\ establishes 
a code of fair information practices that governs handling of 
information about individuals that is maintained in systems of records 
by Federal agencies. Among its many requirements are provisions that 
limit information about individuals maintained by Federal agencies to 
that which is legally authorized and is relevant and necessary to 
accomplish an agency purpose and provisions that govern, and in some 
instances limit, the use and disclosure of information. The Act 
addresses disclosures for statistical purposes and allows for exemption 
from certain requirements for records ``required by statute to be 
maintained and used solely as statistical records.'' \28\ The Privacy 
Act defines a ``statistical record'' for its purposes, as a record that 
is ``maintained for statistical research or reporting purposes only and 
not used in whole or in part in making a determination about an 
identifiable individual.'' \29\
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    \27\ 5 U.S.C. 552a.
    \28\ 5 U.S.C. 55a(b)(5), (k)(4).
    \29\ 5 U.S.C. 552a(a)(6).
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    OMB Statistical Policy Directives. These provide guidance to 
Recognized Statistical Agencies and Units, and in some cases other 
Federal agencies, to promote accuracy, objectivity, reliability, 
timeliness, and accessibility of Federal statistics. Especially 
relevant to this proposed regulation is OMB's Directive No. 1,\30\ 
which articulates the four fundamental responsibilities of Recognized 
Statistical Agencies and Units and defines the requirements governing 
the design, collection, processing, editing, compilation, storage, 
analysis, release, and dissemination of statistical information by 
Recognized Statistical Agencies and Units. The Evidence Act codified, 
and this proposed regulation is based on, OMB's Directive No. 1. OMB's 
Statistical Policy Directive No. 2: Standards and Guidelines for 
Statistical Surveys \31\ describes specific practices that support the 
quality of design, collection, processing, production, analysis, 
review, and dissemination of information from statistical surveys. 
OMB's Statistical Policy Directive No. 3: Compilation, Release, and 
Evaluation of Principal Federal Economic Indicators \32\ establishes 
requirements for Federal agencies regarding the compilation, release, 
and evaluation of statistical series designated by OMB as Principal 
Federal Economic Indicators, which are influential and heavily relied 
upon economic activity measures, including Gross Domestic Product, 
Consumer Price Index, and the Employment Situation. OMB's Statistical 
Policy Directive No. 4: Release and Dissemination of Statistical 
Products Produced by Federal Statistical Agencies \33\ establishes 
requirements for Recognized Statistical Agencies and Units on the 
release and dissemination of all statistical products, beyond just the 
Principal Federal Economic Indicators. Recognized Statistical Agencies 
and Units are required to follow these Directives to ensure that their 
release of information is equitable across all users, policy-neutral, 
transparent and understandable to the public, and timely to the needs 
of data users. These and other statistical policies and standards 
issued by OMB are available at www.whitehouse.gov/omb/information-regulatory-affairs/statistical-programs-standards/.
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    \30\ Office of Mgmt. & Budget, Exec. Office of the President, 
Statistical Policy Directive No. 1: Fundamental Responsibilities of 
Federal Statistical Agencies and Recognized Statistical Units, 79 FR 
71610 (Dec. 2, 2014), available at https://www.govinfo.gov/content/pkg/FR-2014-12-02/pdf/2014-28326.pdf.
    \31\ Office of Mgmt. & Budget, Exec. Office of the President, 
Standards and Guidelines for Statistical Surveys, 71 FR 55522 (Sept. 
22, 2006), available at https://www.govinfo.gov/content/pkg/FR-2006-09-22/pdf/06-8044.pdf.
    \32\ Office of Mgmt. & Budget, Exec. Office of the President, 
Statistical Policy Directive on Compilation, Release, and Evaluation 
of Principal Federal Economic Indicators, 50 FR 38932 (Sept. 25, 
1985), available at https://archives.federalregister.gov/issue_slice/1985/9/25/38908-38934.pdf#page=25.
    \33\ Office of Mgmt. & Budget, Exec. Office of the President, 
Statistical Policy Directive No. 4: Release and Dissemination of 
Statistical Products Produced by Federal Statistical Agencies 73 FR 
12622 (Mar. 7, 2008), available at https://www.govinfo.gov/content/pkg/FR-2008-03-07/pdf/E8-4570.pdf.
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    In addition to the related authorities for the work of Recognized 
Statistical Agencies and Units, other external entities--both domestic 
and international--have published their perspectives on how Recognized 
Statistical Agencies and Units should meet their missions to produce 
reliable, relevant, credible, and objective Federal statistics. Below 
is a brief summary of relevant publications, which offer support for 
many aspects of the proposed regulations.
    * The National Academy of Sciences, Engineering, and Medicine's 
Principles and Practices for a Federal Statistical Agency (referred to 
as Principles and Practices). Principles and Practices has guided 
managerial and technical decisions made by national and international 
statistical agencies for decades. In the most recent 2021 edition, five 
principles are identified, which broadly align with the four 
fundamental responsibilities outlined in the Evidence Act: \34\
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    \34\ Nat'l Acad. Sci., Eng'g, & Med., Principles and Practices 
for a Federal Statistical Agency (7th ed. 2021), available at 
https://www.nap.edu/read/25885/.

--Relevance to Policy Issues and Society. Federal statistical agencies 
must provide objective, accurate, and timely information that is 
relevant to important public policy issues.
--Credibility Among Data Users and Stakeholders. Federal statistical 
agencies must have credibility with those who use their data and 
information.
--Trust Among the Public and Data Providers. Federal statistical 
agencies must have the trust of those whose information they obtain.
--Independence from Political and Other Undue External Influence.\35\

[[Page 56713]]

Federal statistical agencies must be independent from political and 
other undue external influence in developing, producing, and 
disseminating statistics.
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    \35\ As defined in the 2021 Principles and Practices, ``Undue 
external influences'' are those from outside the [Recognized 
Statistical Agency or Unit] that seek to undermine its impartiality, 
nonpartisanship, or professional judgment. However, it remains 
important for Recognized Statistical Agencies and Units to remain 
relevant and solicit input from relevant stakeholders, including 
policy officials, about what information is needed to answer 
important questions and make informed decisions.
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--Continual Improvement and Innovation. Federal statistical agencies 
must continually seek to improve and innovate their processes, methods, 
and statistical products to better measure an ever-changing world.

    * International Principles and Practices. The United States is not 
alone in identifying statistical principles and practices, which seek 
to achieve similar goals as the four fundamental responsibilities in 
the Evidence Act. The United Nations' Fundamental Principles of 
Official Statistics \36\ affirm ten fundamental principles that promote 
and build the ``essential trust of the public in the integrity of 
official statistical systems and confidence in statistics.'' These 
principles ensure that national statistical systems in United Nations 
member states produce high quality and reliable data by adhering to 
certain professional and scientific standards. In addition, the 
European Statistics Code of Practice \37\ guides European statistical 
systems by affirming the European Union member nations' commitment to 
ensuring high quality in the statistical production process, protecting 
the confidentiality of the information they collect, and disseminating 
statistics in an objective, professional, and transparent manner.
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    \36\ United Nations General Assembly, Fundamental Principles of 
Official Statistics (adopted Jan. 29, 2014), available at https://unstats.un.org/fpos/.
    \37\ European Statistical System Committee, European Statistics 
Code of Practice for the National Statistical Authorities and 
Eurostat (adopted Nov. 16, 2017), available at https://ec.europa.eu/eurostat/web/products-catalogues/-/KS-02-18-142.
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    Over many years and based on lessons learned, responsibilities, 
standards, and certain protections have been developed and implemented 
to strengthen the Federal Statistical System's ability to meet its 
mission reliably and objectively, which requires an appropriate level 
of autonomy and authority for Recognized Statistical Agencies and 
Units.\38\ The concept of autonomy and authority as proposed to be 
implemented in this regulation is an important aspect of the ability of 
Recognized Statistical Agencies and Units to meet their fundamental 
responsibilities outlined in 44 U.S.C. 3563. Where autonomy or 
authority are important in some manner for the Recognized Statistical 
Agency or Unit in meeting their fundamental responsibilities, the 
discussion of key provisions of these proposed regulations provides 
more information and detail. This autonomy and authority to meet 
specific responsibilities must be balanced with other responsibilities 
and needs of the Recognized Statistical Agency or Unit, as well as 
other Federal agencies. These proposed regulations aim to explicate 
where autonomous decision-making authority is important and why.
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    \38\ See Foundations for Evidence-Based Policymaking Act of 
2017, H. Rep. No. 115-411 (2017), available at https://www.congress.gov/congressional-report/115th-congress/house-report/411 (quoting Statistical Directive No. 1); see also Nat'l Acad. 
Sci., Eng'g, & Med., Principles and Practices for a Federal 
Statistical Agency (7th ed. 2021), available at https://www.nap.edu/read/25885/(articulating the importance of independence for 
Recognized Statistical Agencies and Units in meeting their 
responsibilities) and Comm'n Evidence-Based Policymaking, The 
Promise of Evidence-Based Policymaking (2017), available at https://bipartisanpolicy.org/wp-content/uploads/2019/03/Full-Report-The-Promise-of-Evidence-Based-Policymaking-Report-of-the-Comission-on-Evidence-based-Policymaking.pdf (noting the importance of 
independence).
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    In addition, because CIPSEA 2018 contemplates a common framework 
for protecting statistical data, acquiring administrative/program data, 
and disseminating statistical data securely, it is important to ensure 
appropriate interagency engagement and coordination to ensure 
implementation is successful across the board. This proposed regulation 
seeks to lay the foundation for advancing this common framework, and 
the organizational structure of agencies and departments in relation to 
the 16 Recognized Statistical Agencies and Units is important for 
successful implementation of this proposed regulation. Currently, each 
of the 16 Recognized Statistical Agencies and Units is part of a larger 
organization, with varying reporting structures. The heads of some of 
the Recognized Statistical Agencies and Units are appointed by the 
President (either with or without Senate confirmation), while others 
are senior career officials. Some heads of Recognized Statistical 
Agencies and Units report directly to the Secretary, or equivalent 
head, of their highest organizational level, such as the Department, 
while others have several intervening layers of reporting within their 
organizations. Throughout this regulation, the term ``parent agency'' 
means every organizational level of an agency, including sub-agencies, 
offices, components, or units, as well as any organizational units that 
contain a Recognized Statistical Agency or Unit, but the term does not 
include the Recognized Statistical Agency or Unit itself.
    A different provision of CIPSEA 2018 requires OMB to issue guidance 
on the requirements and processes for seeking and obtaining OMB 
``recognition'' as a new Recognized Statistical Agency or Unit. That 
guidance is forthcoming; however, it should be noted that, at a 
minimum, agencies and units seeking this designation, along with their 
parent agencies, will be required to demonstrate a commitment to 
upholding the requirements in these regulations. This is particularly 
relevant to those agencies and units whose activities are predominantly 
the design, collection, processing, editing, compiling, storage, 
analysis, release, and dissemination of information for statistical 
purposes, but which have not been formally ``recognized'' by OMB as 
Recognized Statistical Agencies or Units. Those agencies and units 
should look to these proposed regulations, along with OMB's Statistical 
Policy Directives and the 2021 Principles and Practices,\39\ for 
direction and best practices.
---------------------------------------------------------------------------

    \39\ Nat'l Acad. Sci., Eng'g, & Med., Principles and Practices 
for a Federal Statistical Agency (7th ed. 2021), available at 
https://www.nap.edu/read/25885/.
---------------------------------------------------------------------------

E. Discussion of Key Provisions

    This section provides an explanation of the proposed regulations. 
As a general matter, OMB has followed the approach of adhering to the 
wider principles and practices contained in Directive No. 1, which 
contained both the four fundamental principles now codified in the 
CIPSEA 2018 and gave Recognized Statistical Agencies and Units more 
specific guidance on how to adhere to those principles. Therefore, in 
many cases, most of the particular regulatory provisions described in 
more detail below are drawn directly or slightly adapted from 
provisions in Directive No. 1. Additional context can be found in the 
Federal Register Notice announcing OMB's adoption of Directive No. 
1.\40\ After nearly a decade of the Federal Government operating under 
Directive No. 1, experience has clarified the fundamental 
responsibilities and how to ensure Recognized Statistical Agencies and 
Units are able to carry out those

[[Page 56714]]

responsibilities. In consideration of those experiences, the draft 
regulation seeks to address challenges, issues, or emerging challenges 
or issues to create a lasting and effective policy. While there is some 
overlap between this regulation and Directive No. 1, the intent of this 
regulation is to address additional ways outside of the current 
language in Directive No. 1, for example, ensuring Recognized 
Statistical Agencies and Units have their own websites and have an 
opportunity to present their own budget requests, to ensure that 
statistical agencies are able to meet their fundamental 
responsibilities.
---------------------------------------------------------------------------

    \40\ Office of Mgmt. & Budget, Exec. Office of the President, 
Statistical Policy Directive No. 1: Fundamental Responsibilities of 
Federal Statistical Agencies and Recognized Statistical Units, 79 FR 
71610 (Dec. 2, 2014), available at https://www.govinfo.gov/content/pkg/FR-2014-12-02/pdf/2014-28326.pdf.
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    OMB invites comments on any and all aspects of our proposed 
approach to this rule; in particular, whether it thoroughly and 
adequately meets our responsibilities under 44 U.S.C. 3563 to direct 
Recognized Statistical Agencies and Units in meeting their fundamental 
responsibilities, and agencies in enabling, supporting, and 
facilitating the Recognized Statistical Agencies and Units in meeting 
their fundamental responsibilities.
    Additionally, OMB requests comments on the regulatory options 
proposed and described below, as well as these following questions:
    (1) How can OMB best articulate the known and expected benefits of 
this regulatory action?
    (2) Under 44 U.S.C. 3563, all agencies are required to enable, 
support, and facilitate Recognized Statistical Agencies and Units. 
However, agencies that are in the reporting structure of Recognized 
Statistical Agencies and Units will likely provide the majority of the 
support. Under the current proposed regulation, all agencies, 
components, and units are included under the definition of parent 
agency.
    If OMB were to create a distinction between agencies, what should 
that distinction be? For example, should a distinction be considered 
for those in the reporting structure of the Recognized Statistical 
Agency or Unit? Should a distinction be considered for agencies which 
do not contain a Recognized Statistical Agency or Unit?
    a. How should OMB draw this distinction?
    b. For what support functions should each distinct group be 
responsible?
    c. How should each distinct group best enable, support, and 
facilitate Recognized Statistical Agencies and Units?
    (3) OMB seeks comment on how, as it relates to the implementation 
of the term ``parent agency'', agencies' unique legal and regulatory 
responsibilities in relation to the Recognized Statistical Agency or 
Unit should be considered in this regulation.
    (4) Under Proposed Section 1321.9 Compliance Review, OMB proposes 
three options for consideration as a means for providing accountability 
for both the Recognized Statistical Agencies and Units and the parent 
agencies in adhering to the proposed regulation. OMB is interested in 
whether those options would be adequate accountability measures for 
Recognized Statistical Agencies and Units or if others should be 
considered.
    a. Does this regulation provide adequate accountability measures 
for Recognized Statistical Agencies and Units to ensure they are 
meeting their fundamental responsibilities? If additional 
accountability measures are needed, what would additional 
accountability measures look like?
    b. Does this regulation provide adequate accountability measures 
for parent agencies to ensure they are enabling, supporting, and 
facilitating Recognized Statistical Agencies and Units in meeting their 
fundamental responsibilities? If additional accountability measures are 
needed, what would additional accountability measures look like?

Proposed Sec.  1321.1--Purpose

    Timely, accurate, objective, and relevant statistical data are the 
bedrock of evidence-based decision-making. Recognized Statistical 
Agencies and Units play a vital role in generating data that citizens, 
businesses, and governments need to make informed decisions. The 
foundation of these programs is the public's trust; trust in the 
accuracy and objectivity of the data and trust that any data provided 
to a Recognized Statistical Agency or Unit under an obligation to keep 
those data confidential will be kept confidential and will only be used 
for statistical purposes. OMB is issuing this proposed regulation to 
implement 44 U.S.C. 3563, which is a set of the requirements under 
CIPSEA 2018 that will strengthen and support the quality of Federal 
statistical information.

Proposed Sec.  1321.2--Definitions

    This proposed regulation defines terms used in the regulation. 
Definitions were aligned with existing statute and regulation wherever 
possible, and information about those terms and their alignment is 
discussed here:
    The definitions of ``accurate'', ``confidentiality'', 
``objective'', and ``relevant'' come from 44 U.S.C. 3563(d).
    The definition of ``agency'' includes agencies as defined in 31 
U.S.C. 102 and as defined in 44 U.S.C. 3502.
    The definition of ``confidential statistical data'' includes all 
data acquired for exclusively statistical purposes and under an 
obligation of confidentiality. Under 44 U.S.C. 3563(a)(1)(D), 
Recognized Statistical Agencies and Units are responsible for 
``ensuring the confidentiality and exclusive statistical use'' of the 
information they acquire. This proposed definition is consistent with 
the statutory definition of confidentiality under 44 U.S.C. 3563(d)(2), 
which refers to ``an obligation not to disclose that information to an 
unauthorized party'' and the statutory language in 44 U.S.C. 3572(f) 
which provides a penalty for the disclosure of information acquired 
``for exclusively statistical purposes'' the disclosure of which is 
prohibited under Subchapter III of Chapter 35 of Title 44, United 
States Code.
    The definition of ``dissemination'' is from OMB Circular A-130.
    The definition of ``identifiable form'' comes from 44 U.S.C. 3561. 
For this proposed regulation, ``individual or entity'' is used in place 
of ``respondent'' in an effort to include individuals or entities who 
may not directly provide their information to a Recognized Statistical 
Agency or Unit, but whose information was provided by another 
individual or entity or could be determined based on other information 
available.
    The definitions of ``nonstatistical purpose'', ``respondent'', 
``statistical activities'', and ``statistical purpose'' also come from 
44 U.S.C. 3561.
    The definition of ``information'' is from the OMB Guidelines for 
Ensuring and Maximizing the Quality, Objectivity, Utility, and 
Integrity of Information Disseminated by Federal Agencies.\41\
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    \41\ Office of Mgmt. & Budget, Exec. Office of the President, 
Guidelines for Ensuring and Maximizing the Quality, Objectivity, 
Utility, and Integrity of Information Disseminated by Federal 
Agencies; Republication, 67 FR 8452 (Feb. 22, 2002), available at 
https://www.govinfo.gov/content/pkg/FR-2002-02-22/pdf/R2-59.pdf.
---------------------------------------------------------------------------

    The definitions of ``information system'' and ``statistical laws'' 
come from 44 U.S.C. 3502.
    The definition of ``parent agency'' includes the full 
organizational structure, including every organizational level 
(including sub-agencies, offices, components, and units within the 
highest organizational level such as the Department), as well as the 
highest organizational level such as the Department, including any 
agency and aside from the Recognized Statistical Agency or Unit, and 
any organizational units that contain the Recognized Statistical Agency 
or Unit.

[[Page 56715]]

    The definition of ``statistical press release'' comes from OMB 
Statistical Policy Directive No. 4.
    The definition of ``statistical products'' also comes from OMB 
Statistical Policy Directive No. 4,\42\ except there is an additional 
clarification that statistical products take many different forms 
including both printed and electronic form. It is important from a 
confidentiality perspective that statistical products based on 
confidential statistical data not identify an individual or entity. 
Statistical products may be based on confidential statistical data or 
other data obtained by a Recognized Statistical Agency or Unit. In 
addition, both printed and electronic forms of statistical products are 
included to clarify that statistical products can be issued in 
different ways as technology and society advance and change.
---------------------------------------------------------------------------

    \42\ Statistical Policy Directive No. 4 defines ``statistical 
products'' as such: ``Statistical products are, generally, 
information dissemination products that are published or otherwise 
made available for public use that describe, estimate, forecast, or 
analyze the characteristics of groups, customarily without 
identifying the persons, organizations, or individual data 
observations that comprise such groups. Statistical products include 
general-purpose tabulations, analyses, projections, forecasts, or 
other statistical reports.''
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    The definition of ``timeliness'' (or ``timely'') is meant to 
capture both the release happening at the expected time, as well as the 
release occurring at a reasonable time following the event being 
measured.

Proposed Sec.  1321.3--General Provisions

    This section describes the scope of the proposed regulations, the 
impact on existing OMB guidance and policies, including that these 
proposed regulations if finalized would supersede any provisions within 
Statistical Policy Directives that conflict, and the parties 
responsible for carrying out these proposed regulations.

Proposed Sec.  1321.4--The Four Fundamental Responsibilities

    To operate efficiently and effectively, the Nation relies on the 
flow of objective, credible statistics to support the decisions of 
individuals, households, governments, educational institutions, 
businesses, advocacy groups, civic organizations, and other parts and 
members of society. Any loss of trust in the accuracy, objectivity, or 
integrity of the Federal Statistical System and its products has the 
potential to cause uncertainty about the validity of measures the 
Nation uses to monitor and assess its performance, progress, and needs, 
as well as undermine the public's confidence in the information 
released by the Government. Consistent with well-established 
principles, such trust can be maintained by ensuring proper authority 
and autonomy of Recognized Statistical Agencies and Units and ensuring 
that Recognized Statistical Agencies and Units have appropriate and 
adequate authority in making, or consulting with appropriate officials 
on, decisions that could impact their ability to uphold their 
fundamental responsibilities. Maintaining trust in the actions of 
Recognized Statistical Agencies and Units is even more critical given 
their expanded authorities for accessing data and responsibilities for 
facilitating evidence building in the Evidence Act.
    The four fundamental responsibilities, taken from Directive No. 1 
and codified in 44 U.S.C. 3563(a)(1), protect and enhance public trust 
in the Recognized Statistical Agencies and Units, which bolsters public 
trust in their statistical products. The four fundamental 
responsibilities are:
    (1) to produce and disseminate relevant and timely statistical 
information;
    (2) conduct credible and accurate statistical activities;
    (3) conduct objective statistical activities; and
    (4) protect the trust of information providers by ensuring the 
confidentiality and exclusive statistical use of their responses.
    Proposed Sec.  1321.4(a) identifies that Recognized Statistical 
Agencies and Units carry the responsibility of fulfilling the 
fundamental responsibilities and parent agencies play a key role in 
supporting the ability of the Recognized Statistical Agencies and Units 
to meet their responsibilities. This is particularly true for the 
parent agencies that host a Recognized Statistical Agency or Unit. 
Section 3563(b) states that: ``The head of each agency shall enable, 
support, and facilitate statistical agencies or units in carrying out 
the responsibilities described in subsection (a)(1).''
    Parent agencies must exercise their authorities in a way that 
allows Recognized Statistical Agencies and Units to meet their 
fundamental responsibilities. This recognizes the importance of a broad 
commitment across all government agencies to support statistical 
agencies and units can be found in a wide array of domestic and 
international policies and statements, including seven editions of the 
National Academies' Principles and Practices for a Federal Statistical 
Agency,\43\ Directive No. 1, the European Statistics Code of 
Practice,\44\ and the United Nation's Fundamental Principles for 
Official Statistics,\45\ for which the United States is a signatory.
---------------------------------------------------------------------------

    \43\ Nat'l Acad. Sci., Eng'g, & Med., Principles and Practices 
for a Federal Statistical Agency (7th ed. 2021), available at 
https://www.nap.edu/read/25885/.
    \44\ European Statistical System Committee, European Statistics 
Code of Practice for the National Statistical Authorities and 
Eurostat (adopted November 16, 2017), available at https://ec.europa.eu/eurostat/web/products-catalogues/-/KS-02-18-142.
    \45\ United Nations General Assembly, Fundamental Principles of 
Official Statistics (adopted Jan. 29, 2014), available at https://unstats.un.org/fpos/.
---------------------------------------------------------------------------

    These proposed regulations take no specific position with respect 
to the placement of a Recognized Statistical Agency or Unit within the 
organizational structure of the highest organizational unit within 
which they sit. The Evidence Act, however, provides some direction in 
this space: (1) by giving an explicitly agency/Department-wide role to 
the heads of statistical agencies as Statistical Officials to champion, 
advise, and lead on statistical policy and methods, data quality, and 
confidentiality; \46\ (2) by requiring delegation to the head of a 
Recognized Statistical Agency or Unit of any Chief Data Officer 
function needed to ensure compliance with statistical law; \47\ and (3) 
by requiring agencies to ensure that their practices, including 
organizational placement, ``enable, support, and facilitate'' the 
Recognized Statistical Agencies and Units' ability to comply with 
fundamental responsibilities.\48\
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    \46\ 5 U.S.C. 314; see also Office of Mgmt. & Budget, Exec 
Office of the President, M-19-23, Phase 1 Implementing of the 
Foundations for Evidence-Based Policymaking Act of 2018: Learning 
Agendas, Personnel, and Planning Guidance (July 10, 2019), available 
at https://www.whitehouse.gov/wp-content/uploads/2019/07/M-19-23.pdf.
    \47\ 44 U.S.C. 3520(d)(1).
    \48\ 44 U.S.C. 3563(a)(2), 44 U.S.C. 3563(b).
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    Proposed Sec.  1321.4(b) requires each Recognized Statistical 
Agency or Unit to maintain a distinctive, outward-facing website \49\ 
with its own domain name and with adequate control over the website 
content and management to uphold the fundamental responsibilities. Data 
users and providers (i.e., respondents to statistical collections, 
including individuals, households, businesses, and organizations) must 
be able to clearly and easily discern when they are receiving 
information from or providing information to a Recognized Statistical

[[Page 56716]]

Agency or Unit. These websites must be clearly branded as belonging to 
the Recognized Statistical Agency or Unit.
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    \49\ Agencies should follow OMB policies, including M-23-10, 
when issuing new websites. See https://www.whitehouse.gov/wp-content/uploads/2023/02/M-23-10-DOTGOV-Act-Guidance.pdf.
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    Proposed Sec.  1321.4(b)(1) acknowledges the parent agency's role 
in enabling, supporting, and facilitating the Recognized Statistical 
Agency or Unit's responsibility to maintain a branded website. This 
responsibility includes ensuring the Recognized Statistical Agency and 
Unit has the necessary resources to meet their requirements under this 
regulation. The parent agency should also support the Recognized 
Statistical Agency and Unit in having the autonomy to maintain the 
website in a way that ensures that the branding meaningfully reflects 
the identity of the Recognized Statistical Agency and Unit. They must 
have the capacity to update the content in a timely manner.
    Proposed Sec.  1321.4(b)(2) acknowledges the importance of using 
the website to share key information with the public. The website will 
communicate to the public a ``core mission of [Recognized Statistical 
Agencies and Units] is to produce relevant and timely statistical 
information to inform decision-makers in governments, businesses, 
institutions, and households.'' \50\ Recognized Statistical Agencies 
and Units must have in place a strong mission statement that clearly 
communicates the Recognized Statistical Agency's or Unit's objectives 
and that is further refined through strategic planning. A Recognized 
Statistical Agency's or Unit's mission statement should provide a clear 
understanding of the scope of its responsibilities and goals, so its 
stakeholders and users can properly assess whether it is meeting its 
responsibilities.
---------------------------------------------------------------------------

    \50\ Office of Mgmt. & Budget, Exec. Office of the President, 
Statistical Policy Directive No. 1: Fundamental Responsibilities of 
Federal Statistical Agencies and Recognized Statistical Units, 79 FR 
71610 (Dec. 2, 2014), available at https://www.govinfo.gov/content/pkg/FR-2014-12-02/pdf/2014-28326.pdf.
---------------------------------------------------------------------------

    The commitment to the mission should then be reflected in the 
Recognized Statistical Agency's or Unit's publicly available strategic 
plan. This proposed regulation would require each Recognized 
Statistical Agency and Unit to produce a strategic plan that further 
describes the Recognized Statistical Agency's or Unit's goals and 
provides specific, measurable objectives and performance metrics. OMB 
is proposing that these plans should be generally consistent with the 
statutory requirements for strategic planning,\51\ which would require 
the Recognized Statistical Agency or Unit to reassess its goals, 
objectives, and performance metrics no less than every four years 
alongside and in alignment with the parent agency's strategic plan. 
This is an opportunity to reassess the priorities among different 
statistical programs and the infrastructure needed to support those 
programs, in light of advances in technologies, use cases, and goals of 
the Recognized Statistical Agencies and Units, among other purposes, 
such as reassessing the relevance of different statistical programs. 
This review should also afford Recognized Statistical Agencies and 
Units and the parent agency, in a collaborative way, the opportunity to 
assess the efficiency and effectiveness of the allocation of staff time 
and resources among programs and initiatives, along with 
appropriateness of existing financial controls, enterprise risk 
strategies, and the credibility and defensibility of other business 
processes of the Recognized Statistical Agencies and Units and parent 
agency.
---------------------------------------------------------------------------

    \51\ 5 U.S.C. 306.
---------------------------------------------------------------------------

    Consistent with the spirit of the requirement for the strategic 
plan, OMB also proposes that any publicly available findings, 
determinations, or recommendations relevant to the Recognized 
Statistical Agency or Unit yielded by external evaluations, audits, or 
other objective reviews conducted by Federal Government entities be 
made publicly available on the Recognized Statistical Agency or Unit 
website, as allowable by law, and recommend the Recognized Statistical 
Agency or Unit also make publicly available on its website concrete, 
measurable steps that the Recognized Statistical Agency or Unit is 
taking to remediate such issues in a timely and credible manner.
    This section would also require each Recognized Statistical Agency 
or Unit to identify and gather in a single location on its publicly 
available website the various pieces of legislation, regulations, and 
policies, including its own and those of parent agencies, that govern 
the four fundamental responsibilities of each individual Recognized 
Statistical Agency or Unit. By the nature of their designation as a 
Recognized Statistical Agency or Unit under CIPSEA 2018, each 
Recognized Statistical Agency or Unit will list the Evidence Act, 
including CIPSEA 2018 (Title III), the OPEN Government Data Act (Title 
II), and certain requirements under Title I, as well as any authorizing 
statute. However, the list should extend much further than relevant 
statistical laws. For example, they should include any parent agency 
policies governing the appearance or functionality of websites; 
governing communication with the press, Congress, or other parties; or 
governing the quality of information, such as scientific integrity 
policies. This requirement is based on the demonstrated value of a 
similar reporting requirement in OMB M-15-03: Department Support for 
Implementation of Statistical Policy Directive No. 1: Fundamental 
Responsibilities of Federal Statistical Agencies and Recognized 
Statistical Units.\52\ If disagreements arise between the Recognized 
Statistical Agency or Unit and the parent agency, the head of the 
Recognized Statistical Agency or Unit and the relevant officials at the 
parent agency may reach out to OMB through the Administrator of the 
Office of Information and Regulatory Affairs (OIRA) to discuss and 
resolve.
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    \52\ Office of Mgmt. & Budget, Exec Office of the President, M-
15-03, Department Support for Implementation of Statistical Policy 
Directive No. 1: Fundamental Responsibilities of Federal Statistical 
Agencies and Recognized Statistical Units (Nov. 26, 2014), available 
at https://www.whitehouse.gov/wp-content/uploads/legacy_drupal_files/omb/memoranda/2015/m-15-03.pdf.
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    The Evidence Act and OMB Statistical Policy Directive No. 1 
recognize the essential role of Federal Departments in supporting 
Recognized Statistical Agencies and Units as they implement these 
responsibilities. Sharing of Department practices, such as 
incorporating recognition, support, and clear authority for these 
responsibilities in Departmental written policies, facilitates 
interagency identification of strengths and opportunities for 
improvement. Over time, this engagement, dialogue, and implementation 
will provide a roadmap for continued nurturing and maintenance toward 
continued achievement of these responsibilities across the Federal 
Statistical System.
    Accordingly, OMB M-15-03 required each Department and Agency 
hosting a Recognized Statistical Agency or Unit to report to the OIRA 
Administrator, within 120 days of the date of publication of the 
Memorandum, actions it took, were in the process of taking, or were 
considering to support achievement of the responsibilities identified 
in OMB Statistical Policy Directive No. 1, and to indicate if the basis 
for such actions was found in statute, Departmental policy, or 
established Departmental practice.\53\
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    \53\ Id.
---------------------------------------------------------------------------

    Proposed Sec.  1321.4(c)(1) requires each Recognized Statistical 
Agency or Unit to produce a budget request \54\ specific to

[[Page 56717]]

their agency, to be clearly presented as the request for the Recognized 
Statistical Agency or Unit with figures and justification specific to 
the Recognized Statistical Agency or Unit as part of the highest 
organizational unit's annual budget submission and process, and to 
participate directly, accompanied by the highest organizational unit as 
appropriate, in presenting their agency specific request to OMB. If a 
Recognized Statistical Agency or Unit does not have sufficient staffing 
resources or expertise to produce a budget, the parent agency should 
assign a budget employee to report, in whole or in part, to the head of 
the Recognized Statistical Agency or Unit. This provision does not 
circumvent OMB's authorities and responsibilities in reviewing and 
coordinating the budgets of the Executive Branch more broadly or the 
parent agencies' authorities and responsibilities in reviewing and 
coordinating Departmental budgets. This provision is intended to 
provide transparency for both the Recognized Statistical Agency or Unit 
to the OMB budget process and for OMB and the highest organizational 
unit in understanding the resource needs and priorities for the 
Recognized Statistical Agency or Unit to uphold the four fundamental 
responsibilities. This requirement will allow OMB to better fulfill its 
responsibilities under 44 U.S.C. 3504(e)(2) to: ``ensure that budget 
proposals of agencies are consistent with system-wide priorities for 
maintaining and improving the quality of Federal statistics.''
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    \54\ In this provision, ``budget request'' means the request put 
forward to OMB from the highest organizational unit as part of the 
fiscal year process for the President's Budget. It encompasses the 
budget figures, budget justification, supplementary submissions), 
and other requests from OMB issued to Executive Branch agencies as 
part of the President's Budget process. Typically, requests in 
addition to the budget figures and justifications are outlined in 
``Spring Guidance'' issued by OMB each year.
---------------------------------------------------------------------------

    Proposed Sec.  1321.4(c)(2) requires parent agencies to provide 
necessary resources or communicate to OMB through the Office of the 
Chief Statistician of the United States about the lack of available 
resources for Recognized Statistical Agencies or Units to carry out 
their fundamental responsibilities. The ability of a Recognized 
Statistical Agency or Unit to meet its fundamental responsibilities 
relies on access to sufficient resources. Parent agencies must take 
these needs into consideration when developing its annual budget 
request to OMB and allocating existing resources, offer appropriate 
transparency about funding decisions particularly to Recognized 
Statistical Agencies and Units and to OMB. Parent agencies must also 
allow sufficient autonomy and authority to the Recognized Statistical 
Agency or Unit in regards to how their positions are allocated among 
job series, how their staff are selected and trained, and how their 
budgets are deployed to ensure their ability to meet their four 
fundamental responsibilities. Additionally, if the head of a Recognized 
Statistical Agency or Unit identifies a lack of sufficient resources to 
meet the fundamental responsibilities (e.g., through the agency 
Capacity Assessment required by Title I of the Evidence Act or other 
means), the highest organizational unit within which they sit should 
make efforts to the extent possible to supply the necessary resources. 
If the highest organizational unit is not able to make the required 
resources available, it must notify OMB through the annual budget 
request process and in accordance with 44 U.S.C. 3504(e)(2), which 
requires the Director of OMB to ``ensure that budget proposals of 
agencies are consistent with system-wide priorities for maintaining and 
improving the quality of Federal statistics.''
    Proposed Sec.  1321.4(c)(3) seeks to promote greater communication, 
collaboration, and understanding between the Recognized Statistical 
Agency or Unit and its parent agency by ensuring that they both have 
staff that are capable of communicating effectively with each other 
when the Recognized Statistical Agency or Unit must rely on the parent 
agency's support functions. As codified in the Evidence Act, Recognized 
Statistical Agencies and Units have unique responsibilities, which may 
require unique provision of support services, including information 
technology (IT), legal services, procurement, budget, human resources, 
or other core functions of an agency. This section requires that 
Recognized Statistical Agencies and Units have the necessary staffing 
resources to have sufficient expertise to communicate the needs of the 
Recognized Statistical Agency or Unit to its parent agency. Similarly, 
this section requires that the parent agency has someone that is 
responsible for understanding the needs of the Recognized Statistical 
Agency or Unit in each support function that the Recognized Statistical 
Agency or Unit must rely upon.
    Proposed Sec.  1321.4(c)(4) seeks to promote the ability of 
Recognized Statistical Agencies and Units to collaborate with their 
parent agencies to establish joint requirements for services to be 
shared across the Recognized Statistical Agency or Unit and other 
agencies (whether within the same organization or across 
organizations), hereafter ``shared services.'' OMB recognizes the value 
of shared services and the efficiencies and cost savings they can 
generate. In general, OMB encourages Recognized Statistical Agencies 
and Units and the parent agencies to collaborate to find shared 
services solutions that meet the requirements of the Recognized 
Statistical Agencies and Units as well as achieve the goals of 
efficiency and cost saving behind many of the shared services 
priorities. This regulation requests comments on two methods of 
achieving this collaboration.
    Proposed Sec.  1321.4(c)(4) Option A These provisions will minimize 
the risk that lack of independently controlled shared services poses to 
the ability of a Recognized Statistical Agency or Unit to meet its 
fundamental responsibilities. Clear requirements for services are 
important to successful mission implementation. For example, a 
Recognized Statistical Agency or Unit must be able to ensure that IT 
staff who have physical or logical access to stored confidential 
statistical data adhere to the requirements and be subject to the 
criminal penalties of CIPSEA 2018 and any other relevant policies and 
procedures of CIPSEA 2018. Both the Recognized Statistical Agency or 
Unit and the parent agency shall make good faith efforts to achieve 
such agreement. If disagreements about shared services arise between 
the Recognized Statistical Agency or Unit and the parent agency, the 
head of the Recognized Statistical Agency or Unit and the relevant 
officials at the parent agency may reach out to OMB through the 
Administrator of OIRA to discuss and resolve. To reduce the potential 
for disagreement, the ICSP and the Chief Information Officers (CIO) 
Council should work together to share best practices and successful 
arrangements with parent agencies and Recognized Statistical Agencies 
and Units.
    To ensure that shared and consolidated services do not impede a 
Recognized Statistical Agency or Unit's ability to meet their 
fundamental responsibilities, the specific requirements for shared 
services must be clearly developed and communicated with the parent 
agency in writing, and the parent agency must ensure that the services 
meet these requirements. If the parent agency is unable to meet these 
requirements, they must enable the Recognized Statistical Agency or 
Unit to obtain those services elsewhere.
    Recognized Statistical Agencies and Units must be able to enter 
agreements for service with parent agencies without endangering their 
ability to uphold their fundamental responsibilities. This provision 
seeks to minimize the risk that lack of independent control over 
services used by the Recognized Statistical Agency and Unit poses to 
the

[[Page 56718]]

ability of a Recognized Statistical Agency or Unit to meet its 
fundamental responsibilities. When services are intended to be used by 
the Recognized Statistical Agency or Unit and parent agencies (i.e., 
not solely servicing the Recognized Statistical Agency or Unit), the 
requirements for those services, such as IT, printing, and contracting, 
must be established and adhered to jointly by the Recognized 
Statistical Agencies and Units and parent agencies. For example, a 
Recognized Statistical Agency or Unit must have the ability to hold an 
open competition to acquire services that support the mission if the 
current options do not meet the requirements necessary for the 
Recognized Statistical Agency or Unit to uphold their fundamental 
responsibilities.
    OMB considered an alternative to this proposed provision that would 
require the Recognized Statistical Agencies and Units to carry out all 
functions autonomously. However, this would be inefficient and 
infeasible for most agencies.
    Proposed Sec.  1321.4(c)(4) Option B provides a flexible process 
for Recognized Statistical Agencies and Units and their parent 
agencies, which provides space for those agencies that are working well 
together to keep their current processes, while also providing an 
opportunity for agencies to engage in a more structured process. 
Recognized Statistical Agencies and Units have unique needs that may 
require specifically defined services or software. This section 
requires parent agencies to consult with Recognized Statistical 
Agencies or Units prior to making a binding decision regarding services 
or software that will directly affect the Recognized Statistical Agency 
or Unit's ability to meet their fundamental responsibilities. Depending 
on the Recognized Statistical Agency or Unit, the services may include 
cloud computing, email servicing, janitorial staffing, or any other 
type of staffing. For some agencies, a simple conversation between 
parent agency and Recognized Statistical Agency or Unit will suffice. 
For others, the parent agency may ask for a written list explicitly 
defining the requirements needed for the particular service. When 
necessary or valuable, the Recognized Statistical Agency or Unit can 
ask that any agreement they reach is reduced to writing, which will 
provide clarity about the expectations for the provision of the 
service. In some cases, a parent agency will not be able to meet the 
needs of the Recognized Statistical Agency or Unit in a manner that 
ensures the fundamental responsibilities are met. In those cases, the 
Recognized Statistical Agency or Unit may obtain the service elsewhere 
and the parent agency will need to either ensure the resources are 
available for the Recognized Statistical Agency or Unit to meet their 
needs through other means, or the parent agency will need to notify OMB 
that the Recognized Statistical Agency or Unit lacks the resources 
necessary to carry out their fundamental responsibilities.
    Proposed Sec.  1321.4(d) requires that Recognized Statistical 
Agencies and Units have the appropriate decision-making authority 
within their agencies for the specified provisions. (Appropriate is 
described further in the relevant key provisions above for the 
Recognized Statistical Agency or Unit.) The Evidence Act recognizes 
assigning authority appropriately when it created the new statutory 
role of the Chief Data Officer (CDO) in 44 U.S.C. 3520. Section 3520 
requires CDOs to delegate their authorities in that section to the 
heads of Recognized Statistical Agencies and Units when necessary to 
comply with statistical laws.\55\
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    \55\ 44 U.S.C. 3502(23).
---------------------------------------------------------------------------

    These sections of the regulation follow this delegation model in 
section 3520 to ensure that other agency officials in addition to CDOs 
are not bearing responsibilities that are given to the heads of 
Recognized Statistical Agencies and Units in section 3520 and other 
statistical laws. The intent is to place responsibility and authority 
with the appropriate agency officials with regard to statistical data 
and statistical products.
    Proposed Sec.  1321.4(e)(1) directs parent agencies to review their 
regulations, policies, and practices, and revise any that impede a 
Recognized Statistical Agency's or Unit's ability to meet its statutory 
responsibilities because agency regulations, policies, and practices 
are so central to accomplishing the purpose of section 3563(b). The 
existing regulations, policies, and practices of parent agencies can 
affect a Recognized Statistical Agency's or Unit's ability to meet its 
fundamental responsibilities in several ways. Regulations, policies, 
and practices that require review and approval from officials external 
to the Recognized Statistical Agency or Unit for their statistical 
products, statistical press releases, website appearance and content, 
and other communications to external stakeholders such as the press and 
the Congress specifically addressing statistical products or 
statistical press releases can create perceived and actual risk of 
interference with the Recognized Statistical Agency or Unit. Actual or 
perceived undue influence harms the Recognized Statistical Agency or 
Unit, undermining trust and support for both. Parent agencies must 
assess their regulations, policies, and practices and revise any that 
do not enable, support, and facilitate the ability of their Recognized 
Statistical Agency or Unit to meet their fundamental responsibilities. 
If disagreements arise between the Recognized Statistical Agency or 
Unit and the parent agency as to the revision of any parent agency 
regulation, policy, or practice, the head of the Recognized Statistical 
Agency or Unit and the relevant officials at the parent agency may 
reach to OMB through the Administrator of OIRA to discuss and resolve.
    One of the most challenging institutional factors affecting the 
fundamental responsibilities are overlapping or unclear lines of 
authority between the heads of Recognized Statistical Agencies and 
Units and other parent agency officials with authorities that directly 
affect the fundamental responsibilities, such as CDOs, Evaluation 
Officers, Chief Information Officers (CIOs), Senior Agency Officials 
for Privacy (SAOPs), and others. Similarly, statistical activities can 
at times directly affect the responsibilities of these other senior 
officials. Often these overlapping authorities originate in statute and 
adjudicating them can be challenging. These regulations identify the 
decisions and authorities that are key to the ability of the Recognized 
Statistical Agencies and Units to uphold their fundamental 
responsibilities, and requires either delegation to or consultation 
with the head Recognized Statistical Agency or Unit the Recognized 
Statistical Agency or Unit.
    Proposed Sec.  1321.4(e)(2) requires consideration of the 
fundamental responsibilities of Recognized Statistical Agencies and 
Units when parent agencies develop new regulations, policies, and 
practices that may affect the four fundamental responsibilities. If 
disagreements arise between the Recognized Statistical Agency or Unit 
and the parent agency as to any new parent agency regulation, policy, 
or practice, the head of the Recognized Statistical Agency or Unit and 
the relevant officials at the parent agency may reach to OMB through 
the Administrator of OIRA discuss and resolve.
    The proliferation of new data sources, uses, and authorities within 
Federal agencies requires a coordinated and inclusive approach. The 
agency Data Governance Body required in OMB's M-19-23 Phase 1 
Implementation of the

[[Page 56719]]

Foundations for Evidence-Based Policymaking Act of 2018: Learning 
Agendas, Personnel, and Planning Guidance \56\ should be the primary 
mechanism for coordinating the authorities within an agency for 
developing data governance policies in a manner that accounts for the 
four fundamental responsibilities of Recognized Statistical Agencies 
and Units. OMB M-19-23 implementation guidance articulates the 
expectation that data governance ``responsibility is shared among 
multiple parties'' and that data governance bodies should set agency 
data policy that ``complements, but does not supplant the authority of 
established positions.''
---------------------------------------------------------------------------

    \56\ Office of Mgmt. & Budget, Exec Office of the President, M-
19-23, Phase 1 Implementing of the Foundations for Evidence-Based 
Policymaking Act of 2018: Learning Agendas, Personnel, and Planning 
Guidance (July 10, 2019), available at https://www.whitehouse.gov/wp-content/uploads/2019/07/M-19-23.pdf.
---------------------------------------------------------------------------

    Proposed Sec.  1321.4(e)(3) specifies that timely updates and 
corrections to statistical products are an important factor in 
maintaining the trust of the public in the statistics produced and 
disseminated by Recognized Statistical Agencies and Units. If 
necessary, parent agencies must support the publication of updates and 
corrections as quickly as is feasible once they are ready for public 
release. For example, in cases where the parent agency controls the IT 
resources required to publish corrections, the parent agency must 
support the Recognized Statistical Agency or Unit in publishing on its 
website as quickly as is feasible after the correction is ready for 
public release.
    This also requires each parent agency to develop policies 
articulating how the parent agency will facilitate the Recognized 
Statistical Agency's or Unit's ability to meet its responsibility for 
producing relevant and timely statistical products and make those 
policies available to the public. These policies should be developed in 
collaboration with the Recognized Statistical Agency and Unit. This 
requirement creates additional transparency and accountability to 
further mitigate the risks posed by reliance on parent agency resources 
and services.
    Proposed Sec.  1321.4(f) requires OMB to conduct its coordination 
of Federal information policy in a manner consistent with the Evidence 
Act and these regulations. The Evidence Act's requirement under 44 
U.S.C. 3563(a)(2) for the head of each Federal agency to enable, 
support, and facilitate Recognized Statistical Agencies and Units in 
carrying out their fundamental responsibilities extends beyond the 
Federal agencies that contain a Recognized Statistical Agency or Unit. 
Notably, OMB has a variety of authorities that directly affect the 
ability of Recognized Statistical Agencies and Units to meet their 
responsibilities. This section requires OMB to exercise those 
authorities in a manner consistent with the Evidence Act requirements 
and the provisions of this regulation.
    This provision identifies specific statutory authorities of OMB 
found in Chapter 35 of Title 44 of the U.S. Code. These authorities are 
so central to the objectivity and accuracy of statistical products 
generated by Recognized Statistical Agencies and Units that the 
provision requires that they be delegated to the Chief Statistician of 
the United States, a position in OMB created by section 3504(e)(7) 
specifically to coordinate and oversee the Federal Statistical System 
and its efficiency and effectiveness. Section 3504(e)(7) also specifies 
that the Chief Statistician of the United States must be ``a trained 
and experienced professional statistician.''
    This provision does not diminish OMB's coordination and oversight 
authorities, rather it ensures that the specified authorities are 
exercised without regard to any particular political or program 
impacts, as the Chief Statistician of the United States is statutorily 
required to ensure objectivity and impartiality of information 
collected for statistical purposes. OMB's role is also important to 
promote comparability of statistics across the Federal Government, as 
well as to promote high quality statistics in support of informed 
decision-making by both public and private statistical data users. The 
specific authorities delegated to the Chief Statistician of the United 
States in this provision are:
    (1) The review and approval of proposed information collections 
submitted by Recognized Statistical Agencies and Units under the PRA. 
OMB review and approval ensures that surveys and other information 
collections maximize utility while minimizing burden to businesses and 
the public. Delegating the authority for this function at OMB to the 
Chief Statistician of the United States is consistent with other 
provisions in this regulation \57\ whose intent is to provide 
Recognized Statistical Agencies and Units with the maximum feasible 
control over the content of their statistical products, while 
preserving data quality and comparability government-wide. This 
delegation is also in alignment with the functions in the PRA for the 
Chief Statistician of the United States to ensure the integrity, 
objectivity, impartiality, utility, and confidentiality of information 
collected for statistical purposes, as well as to oversee the 
implementation of Federal Government-wide statistical standards and 
guidelines.
---------------------------------------------------------------------------

    \57\ See for example Sec. Sec.  1321.5 and 1321.7.
---------------------------------------------------------------------------

    (2) The statistical policy and coordination functions described in 
section 3504(e), including the development and implementation of 
governmentwide policies, principles, standards, and guidelines 
concerning statistical collection procedures and methods, statistical 
data classification, statistical information presentation and 
dissemination, timely release of statistical data, and such statistical 
data sources as may be required for the administration of Federal 
programs. Similar to the requirement in proposed Sec.  1321.7(b)(1) 
which directs agencies to allow Recognized Statistical Agencies and 
Units to publish statistical products without requiring clearance of 
the content from offices or officials outside of the Recognized 
Statistical Agency or Unit, this provision ensures that the Chief 
Statistician of the United States has the necessary authority within 
OMB to carry out their functions in an objective, impartial, and timely 
manner that only takes into account statistical considerations, and 
without interference.
    (3) The coordination and oversight of confidentiality and 
disclosure policies established in 44 U.S.C. 3562, which requires OMB 
to develop a process to designate agencies or organizational units as 
Recognized Statistical Agencies and Units, along with implementation 
guidance for this process. Because the Chief Statistician of the United 
States has the responsibility to oversee and coordinate the Recognized 
Statistical Agencies and Units, the Chief Statistician of the United 
States must also have an appropriate level of control over the 
designation process and associated guidance.
    (4) The functions assigned to OMB through regulation or policy 
promulgated under CIPSEA 2018. This would include responsibilities 
under this regulation, administration of the Standard Application 
Process, and several other forthcoming regulations.

Proposed Sec.  1321.5--Relevance and Timeliness

    The first fundamental responsibility of Recognized Statistical 
Agencies and Units is to produce and disseminate relevant and timely 
statistical information. At the core of this responsibility is 
recognizing the high

[[Page 56720]]

value of some statistical products. The Evidence Act entrusts 
Recognized Statistical Agencies and Units with the responsibility of 
making judgments about balancing the value of their statistical 
products against their costs, burden, and risk; it maintains high 
expectations about Recognized Statistical Agencies' and Units' 
expertise in and commitment to producing the most relevant statistics. 
Section 1321.5 articulates these high expectations by requiring 
Recognized Statistical Agencies and Units to take several actions.
    Proposed Sec.  1321.5(a) requires Recognized Statistical Agencies 
and Units to produce and disseminate relevant and timely statistical 
information and for the parent agencies to enable, support, and 
facilitate the activities necessary to carry out that responsibility. 
To carry out this responsibility, Recognized Statistical Agencies and 
Units must be able to determine what statistical products to 
disseminate and the timing of dissemination. Recognized Statistical 
Agencies and Units should engage with parent agencies about what 
statistical products would be most valuable from the perspective of the 
parent agency and prioritize consideration of how to address those 
needs.
    Proposed Sec.  1321.5(b) adopts the provision in Directive No. 1 
for Recognized Statistical Agencies and Units to ``be knowledgeable 
about the issues and requirements of programs and policies relating to 
their subject domains. This requires communication and coordination 
among agencies and within and across Departments when planning 
information collection and dissemination activities,'' \58\ including 
through the stakeholder engagement process on Learning Agendas, per OMB 
policy, for example OMB M-19-23 and OMB M-21-27.\59\ ``In addition, 
[Recognized Statistical Agencies and Units] must seek input regularly 
from the broadest range of private- and public-sector data users.'' 
\60\ It is the core mission of Recognized Statistical Agencies and 
Units to produce relevant and timely statistical information to inform 
decision-makers in governments, businesses, institutions, and 
households.
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    \58\ Office of Mgmt. & Budget, Exec. Office of the President, 
Statistical Policy Directive No. 1: Fundamental Responsibilities of 
Federal Statistical Agencies and Recognized Statistical Units, 79 FR 
71610 (Dec. 2, 2014), available at https://www.govinfo.gov/content/pkg/FR-2014-12-02/pdf/2014-28326.pdf.
    \59\ Such OMB policies include M-19-23, M-21-27, and Circular A-
11 Section 290.
    \60\ Office of Mgmt. & Budget, Exec. Office of the President, 
Statistical Policy Directive No. 1: Fundamental Responsibilities of 
Federal Statistical Agencies and Recognized Statistical Units, 79 FR 
71610 (Dec. 2, 2014), available at https://www.govinfo.gov/content/pkg/FR-2014-12-02/pdf/2014-28326.pdf.
---------------------------------------------------------------------------

    This regular and continued input from a broad range of users, 
including from officials in the parent agency, is essential for 
determining data needs, and Recognized Statistical Agencies and Units 
must regularly and continually collaborate with other Federal agencies 
in order to promote a strong Federal Statistical System. Recognized 
Statistical Agencies and Units must keep abreast of the interests and 
analytic goals of current and potential new users of statistical 
products including data assets for research in order to ensure the 
continued relevance of their statistical products. Moreover, the 
information sought may often span the mission areas of more than one 
Recognized Statistical Agency or Unit, necessitating joint engagement 
of users both within and possibly outside of government. Effective 
Recognized Statistical Agencies and Units seek opportunities to enhance 
the value of their statistical products. These collaborations may 
extend beyond other Recognized Statistical Agencies and Units and may 
take many forms, including bilateral and multilateral agreements 
between agencies. Examples of collaborative efforts include two 
Recognized Statistical Agencies or Units using one collection to 
satisfy the needs of both, or a system-wide initiative to fund 
methodological research.
    Recognized Statistical Agencies and Units must pay continual 
attention to changes in policy and the social and economic conditions 
affecting their programs and subject domains, including through 
regularly engaging with officials at parent agencies to understand 
changing and emerging needs across the parent agencies relevant to the 
statistical products of the Recognized Statistical Agencies and Units. 
In instances where feedback necessitates planning a new information 
collection or revising an existing information collection, Recognized 
Statistical Agencies and Units may need to consult with OMB, as the 
agency responsible for coordinating statistical activities in the 
Federal Government. There are numerous ways for Recognized Statistical 
Agencies and Units to further the collaboration with OMB and other 
Federal entities, such as participating in the Interagency Council on 
Statistical Policy (ICSP), participating in multi-agency advisory 
groups, convening or participating in working groups or workshops with 
other offices within their respective Federal Agencies or Departments 
that have similar responsibilities or are stakeholders in their data, 
or participating in working groups or workshops and engaging with other 
Recognized Statistical Agencies and Units across the Federal Government 
that have similar responsibilities or are stakeholders in their data.
    Recognized Statistical Agencies and Units must also use formal 
methods available to them for obtaining input from users on issues 
relating to their programs, products, and underlying data. This should 
include a mix of techniques including, but not limited to, convening an 
advisory or user group, as allowed under relevant law; conducting a 
user survey; holding user workshops; conducting user focus groups; 
analyzing internet activity; analyzing data requests including those 
through the Standard Application Process required under 44 U.S.C. 3583; 
and providing notification and seeking general input through Federal 
Register notices. Importantly, these activities should be done in 
compliance with, and leveraging, other relevant authorities.
    Parent agencies should support the responsibility to be relevant by 
facilitating activities that promote ways for the Recognized 
Statistical Agency or Unit to learn about data user needs. This section 
also specifies that advisory groups and other means of systematic 
engagement with interested parties and communities should be part of 
the process of developing timely and relevant statistical products. As 
part of that process, the Recognized Statistical Agency or Unit must be 
allowed to establish and manage these engagements without undue 
influence from parent agencies on the composition of groups or the 
content of their agendas or products. However, this does not prevent 
the Recognized Statistical Agency or Unit from considering input from 
parent agencies. This requirement reflects practices promoted by the 
National Academies and the policies in the recent Presidential 
Memorandum on Restoring Trust in Government Through Scientific 
Integrity and Evidence-Based Policymaking,\61\ (PM 2021) which 
reaffirms and builds on the Presidential Memorandum of March 9, 2009 
(PM 2009), and the Director of the Office of Science and Technology 
Policy's Memorandum of December 17, 2010 (OSTP 2010). The PM identifies 
that scientific information, including statistics, are central to sound 
policy

[[Page 56721]]

development and improvement and equitable delivery of services across 
government. Because of this, it notes that ``[s]cientific findings 
should never be distorted by political considerations.'' Further, it 
identifies that improper political interference in science ``undermines 
the welfare of the Nation, contributes to systemic inequities and 
injustices, and violates the trust that the public places in government 
to best serve its collective interests.''
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    \61\ Office of Mgmt. & Budget, Exec. Office of the President, 
Memorandum on Restoring Trust in Government Through Scientific 
Integrity and Evidence-Based Policymaking, 86 FR 8845 (Feb. 10, 
2021), available at https://www.govinfo.gov/content/pkg/FR-2021-02-10/pdf/2021-02839.pdf.
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    As part of the work required by PM 2021, OSTP issued the Framework 
for Federal Scientific Integrity Policy and Practice (SI Framework) in 
January 2023.\62\ The Framework affirms that ``[strong scientific 
integrity] policies and effective practices protecting scientific 
integrity are essential for the development of evidence-based 
policies.'' \63\ The SI Framework makes a distinction between 
``interference'' and ``political interference.'' Interference is 
defined as ``inappropriate, scientifically unjustified intervention in 
the conduct, management, communication, or use of science. It includes 
censorship, suppression, or distortion of scientific or technological 
findings, data, information, or conclusions; inhibiting scientific 
independence during clearance and review; scientifically unjustified 
intervention in research and data collection; and inappropriate 
engagement or participation in peer review processes or on Federal 
advisory committees.'' Whereas ``political interference'' is limited to 
interference ``conducted by political officials and/or motivated by 
political considerations.'' Consistent with the SI Framework, this 
regulation is intended to guard against inappropriate, statistically 
unjustified interventions by ensuring statistical activities are 
conducted by statistical agencies without undue influence.
---------------------------------------------------------------------------

    \62\ A Framework for Federal Scientific Integrity Policy and 
Practice (Jan. 2023), available at https://www.whitehouse.gov/wp-content/uploads/2023/01/01-2023-Framework-for-Federal-Scientific-Integrity-Policy-and-Practice.pdf.
    \63\ Press Release, OSTP, OSTP Releases Framework for 
Strengthening Federal Scientific Integrity Policies and Practices 
(Jan. 12, 2023), available at https://www.whitehouse.gov/ostp/news-updates/2023/01/12/ostp-releases-framework-for-strengthening-federal-scientific-integrity-policies-and-practices/.
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    OMB intends this regulation to be complementary to the SI Framework 
and related principles. This is consistent with the intent of the SI 
Framework, which provides that ``Agencies should consult OMB's 
implementing guidance, (including OMB M-19-23, OMB M-20-12, and OMB M-
21-27, and Statistical Policy Directive 1) to ensure that scientific 
integrity policies and procedures complement and reinforce related 
requirements of the Evidence Act.'' The SI Framework also acknowledges 
that in some cases, subordinate agencies may need to ``enact stronger 
policies than their parent [agencies]'' and that the parent agencies 
should not inappropriately influence agency Scientific Integrity 
matters.
    Proposed Sec.  1321.5(c) requires Recognized Statistical Agencies 
and Units to minimize the time required between collection of data and 
release of the statistical products, subject to costs and effects on 
other dimensions of data quality. The interval between the time to 
which the data or estimates refer and the date when the data or 
estimates are released should be as short as practicable to promote the 
usefulness and value of the data and to remove the appearance of any 
intervention. Timely release of statistical products promotes the 
usefulness and value of the data in both government and private 
decision-making, in measuring economic activity, and for other uses of 
the data.
    OMB policies have long recognized that ``prompt release . . . is of 
vital importance to the proper management of both private and public 
affairs.'' \64\ For example, timeliness is critically important for 
statistical series used by the government and private sector as 
indicators of the current condition and direction of the economy, such 
as the Employment Situation and Gross Domestic Product. Timeliness 
allows policymakers and the private sector to react promptly to any 
changes and more quickly implement targeted policies. In support of a 
prompt release, OMB policies provide direction on how many working days 
to afford between the collection of data and release of data for 
principal statistical series, with a current standard of no more than 
22 working days for Principal Federal Economic Indicators \65\ and a 
minimal practicable interval for other Federal statistical data 
products.\66\ In addition to promoting the usefulness and value of 
statistical data products, prompt release reduces the likelihood of any 
unauthorized disclosure or premature release of the data or estimates.
---------------------------------------------------------------------------

    \64\ Office of Mgmt. & Budget, Exec. Office of the President, 
Circular A-91, Prompt Compilation and Release of Statistical 
Information (Feb. 12, 1969).
    \65\ Office of Mgmt. & Budget, Exec. Office of the President, 
Statistical Policy Directive on Compilation, Release, and Evaluation 
of Principal Federal Economic Indicators, 50 FR 38932 (Sept. 25, 
1985), available at https://archives.federalregister.gov/issue_slice/1985/9/25/38908-38934.pdf#page=25.
    \66\ Office of Mgmt. & Budget, Exec. Office of the President, 
Statistical Policy Directive No. 4: Release and Dissemination of 
Statistical Products Produced by Federal Statistical Agencies 73 FR 
12622 (Mar. 7, 2008), available at https://www.govinfo.gov/content/pkg/FR-2008-03-07/pdf/E8-4570.pdf.
---------------------------------------------------------------------------

    In addition, Recognized Statistical Agencies and Units shall follow 
OMB guidance implementing section 3583, which will include criteria for 
prompt determinations about granting access to data for evidence 
building by Recognized Statistical Agencies and Units.\67\
---------------------------------------------------------------------------

    \67\ Office of Mgmt. & Budget, Exec Office of the President, M-
23-04, Establishment of Standard Application Process Requirements on 
Recognized Statistical Agencies and Units Department Support for 
Implementation of Statistical Policy (Dec. 08, 2023), available at 
https://www.whitehouse.gov/wp-content/uploads/2022/12/M-23-04.pdf.
---------------------------------------------------------------------------

    Proposed Sec.  1321.5(d) requires each Recognized Statistical 
Agency or Unit to publish a release calendar on its website noting the 
date of each regular or recurring statistical product for the upcoming 
calendar year by no later than the end of the previous calendar year. 
This timing aligns with the current policy outlined in OMB's 
Statistical Policy Directive No. 4. For example, a Recognized 
Statistical Agency or Unit should publish the calendar year 2024's 
release calendar for all regular or recurring statistical products no 
later than December 31, 2023. In addition, each Recognized Statistical 
Agency or Unit shall continue to meet any earlier timelines for 
publishing the release schedule, as required by other policies such as 
OMB's Statistical Policy Directive No. 3 for Principal Federal Economic 
Indicators. For non-regular or non-recurring statistical products, each 
Recognized Statistical Agency or Unit should publicly announce the date 
or date range for release as soon as the date or date range is 
established.
    In support of transparency and serving the needs of data users, 
each Recognized Statistical Agency or Unit shall also designate an 
office responsible for providing the release schedule and make the 
contact information for that office readily available to the public 
through their website, and through other means, as appropriate. 
Finally, this section requires that each Recognized Statistical Agency 
or Unit only make changes to the release schedule after it has been 
announced for special, unforeseen circumstances and requires that those 
changes be announced publicly as soon as possible and explained fully. 
As required by other policies, notification to other entities may also 
be required, including for example notifying OMB of changes to release 
dates for Principal Federal Economic Indicators per Directive No. 3. 
For example, in the past, changes to the release dates of some 
Principal Federal Economic

[[Page 56722]]

Indicators have occurred because of Federal Government shutdowns. This 
requirement to provide a public explanation of such unforeseen 
circumstances--like a government shutdown--helps prevent the appearance 
of any partisan intervention.
    Publication of release schedules provides data users with a clear 
expectation of when data are to be released, helping them plan how to 
use the data. In combination with the timeliness provisions, 
publication of release dates promotes trust and confidence in the 
quality and integrity of the data. Publication of release schedules 
have been required for statistical products in policies as far back as 
1969.\68\
---------------------------------------------------------------------------

    \68\ Office of Mgmt. & Budget, Exec. Office of the President, 
Circular A-91, Prompt Compilation and Release of Statistical 
Information (Feb. 12, 1969).
---------------------------------------------------------------------------

    To the extent that parent agencies are involved in dissemination 
activities, they are responsible for adhering to the schedule as well. 
This may mean that the Recognized Statistical Agency or Unit engages 
with the parent agency during the development of the schedule so that 
both parties are aware of factors that may affect the schedule. This 
should be done as soon as possible. For parent agencies providing IT 
services or other support functions that may impact dissemination, they 
must be cognizant of the schedule to avoid creating barriers for the 
Recognized Statistical Agency or Unit to keeping their promise to the 
public to meet their publication deadlines.

Proposed Sec.  1321.6--Credibility and Accuracy

    The second fundamental responsibility of Recognized Statistical 
Agencies and Units is to conduct credible and accurate statistical 
activities. Establishing credibility about the accuracy of the products 
produced and the scientifically rigorous processes employed to create 
them is fundamental to the role of a trusted provider of evidence. The 
more accurate evidence is, the greater value it has to the decision-
maker who uses it.
    Any statistical product may contain some level of inaccuracy, and 
statistics always measure underlying concepts or conditions with 
varying levels of uncertainty. To confidently act on the evidence, data 
users need to trust that the accuracy of the statistical products is 
communicated in a forthright, explicit, and transparent manner. In 
addition, providing public documentation about the methodologies and 
processes used by the Recognized Statistical Agency or Unit in 
developing the statistical product promotes credibility in its methods 
and processes. Section 1321.6 describes several actions that Recognized 
Statistical Agencies and Units must take to build and protect their 
credibility so that they can fill this role effectively.
    Proposed Sec.  1321.6(a)(1) builds on the requirement in Directive 
No. 1 for Recognized Statistical Agencies and Units to ``apply sound 
statistical methods to ensure statistical products are accurate'' by 
requiring Recognized Statistical Agencies and Units to develop policies 
on the quality of their information and their statistical products. The 
standards must ensure that the data and statistical products are 
accurate and credible. Recognized Statistical Agencies and Units shall 
also make those standards available publicly to allow the public to 
evaluate the quality of the information produced and disseminated.
    Directive No. 1 requires Recognized Statistical Agencies ``be 
vigilant in seeking new methods and adopting new technologies to ensure 
the quality and efficiency of the information they collect and 
produce.'' \69\ Recognized Statistical Agencies and Units shall seek 
new methods, technologies, techniques, procedures, and data sources to 
improve the data and information products they publish. This 
responsibility is especially important in the modern data era. For 
example, vigilance in seeking new methods and adopting new technologies 
allowed for the Bureau of the Census Small Area Income and Poverty 
Estimates Program to release annual estimates of income and poverty for 
every U.S. county, providing for more granular data by more efficiently 
using the data collected. In addition, through increased use of 
satellite data, a newer technology and data source for this purpose, at 
the National Agricultural Statistics Service, more accurate estimates 
of crop acreage and production have been produced.
---------------------------------------------------------------------------

    \69\ Office of Mgmt. & Budget, Exec. Office of the President, 
Statistical Policy Directive No. 1: Fundamental Responsibilities of 
Federal Statistical Agencies and Recognized Statistical Units, 79 FR 
71610 (Dec. 2, 2014), available at https://www.govinfo.gov/content/pkg/FR-2014-12-02/pdf/2014-28326.pdf.
---------------------------------------------------------------------------

    Proposed Sec.  1321.6(a)(2) adopts the requirements in Directive 
No. 1 that ``information about how the data were collected and any 
known or potential data limitations or sources of error (such as 
population or market coverage, or sampling, measurement, processing, or 
modeling errors) should be described to data users so they can evaluate 
the suitability of the data for a particular purpose'' and ``(e)rrata 
identified after data release should be described to data users on an 
ongoing basis as verified.'' \70\
---------------------------------------------------------------------------

    \70\ Id.
---------------------------------------------------------------------------

    Recognized Statistical Agencies and Units must produce data that 
are accurate and credible and that allow data users to make sound 
decisions based on these Federal data and information products. In 
order to achieve this, Recognized Statistical Agencies and Units shall 
use rigorous statistical methodologies as well as regularly assess, and 
update as appropriate, the data and information products they publicly 
release against OMB and agency information quality guidelines.
    Recognized Statistical Agencies and Units must make information 
about the quality of their statistical products publicly available to 
allow users to evaluate fitness for use.\71\
---------------------------------------------------------------------------

    \71\ Office of Mgmt. & Budget, Exec Office of the President, M-
19-15, Improving Implementation of the Information Quality Act (Apr. 
24, 2019), available at https://www.whitehouse.gov/wp-content/uploads/2019/04/M-19-15.pdf (``Agencies should provide the public 
with sufficient documentation about each dataset released to allow 
data users to determine the fitness of the data for the purpose for 
which third parties may consider using it.'').
---------------------------------------------------------------------------

    In order for data users to assess the suitability of data products 
for their purposes, each Recognized Statistical Agency or Unit shall 
publicly provide descriptions of methods and procedures used to develop 
statistical products, subject to confidentiality and other statutory 
requirements, and must use plain language as much as possible. In 
addition, they shall describe how data were collected and compiled, as 
well as other aspects of the process to create the statistical product 
and any known data limitations or sources of error such as, population 
or market coverage, and/or sampling, measurement, processing, or 
modeling errors. As such, any data used in generating the statistical 
product, including third party or administrative records, should be 
included in the description of methods and procedures for applicable 
part(s) of the process to create the statistical product. Furthermore, 
to promote transparency and the ability of data users to assess impacts 
of changes to the data, any errors in the data identified after release 
(i.e., errata) must be described to data users on an ongoing basis. 
Similar requirements have been in place for decades under Directive 
Nos. 3 and 4 covering any unforeseen revisions to the released 
data.\72\
---------------------------------------------------------------------------

    \72\ Office of Mgmt. & Budget, Exec. Office of the President, 
Statistical Policy Directive on Compilation, Release, and Evaluation 
of Principal Federal Economic Indicators, 50 FR 38932 (Sept. 25, 
1985), available at https://archives.federalregister.gov/issue_slice/1985/9/25/38908-38934.pdf#page=25; Office of Mgmt. & 
Budget, Exec. Office of the President, Statistical Policy Directive 
No. 4: Release and Dissemination of Statistical Products Produced by 
Federal Statistical Agencies 73 FR 12622 (Mar. 7, 2008), available 
at https://www.govinfo.gov/content/pkg/FR-2008-03-07/pdf/E8-4570.pdf.

---------------------------------------------------------------------------

[[Page 56723]]

    Proposed Sec.  1321.6(a)(3) adopts the requirements in Directive 
No. 1 for Recognized Statistical Agencies and Units to ``achieve 
[accuracy in their statistical products] by regularly evaluating the 
data and information products they publicly release against the OMB 
Government-wide Information Quality Guidelines as well as their 
individual [Recognized Statistical Agency or Unit's] information 
quality guidelines'' and to ``periodically review the techniques and 
procedures used to implement their information quality guidelines to 
keep pace with changes in best practices and technology.'' \73\ This 
section further expands on this practice by requiring Recognized 
Statistical Agencies or Units to comply with all OMB standards and 
guidance for lifecycle data management practices.
---------------------------------------------------------------------------

    \73\ Office of Mgmt. & Budget, Exec. Office of the President, 
Statistical Policy Directive No. 1: Fundamental Responsibilities of 
Federal Statistical Agencies and Recognized Statistical Units, 79 FR 
71610 (Dec. 2, 2014), available at https://www.govinfo.gov/content/pkg/FR-2014-12-02/pdf/2014-28326.pdf.
---------------------------------------------------------------------------

    Proposed Sec.  1321.6(a)(4) requires that Recognized Statistical 
Agencies and Units are responsible for ensuring that, when their staff 
participates in authoring journal articles, authoring professional 
conference papers and participates in sessions, and peer review 
activities those activities adhere to current OMB peer review policies 
\74\ and they should to make these determinations without undue 
influence from the parent agency.
---------------------------------------------------------------------------

    \74\ See, e.g., Office of Mgmt. & Budget, Exec Office of the 
President, M-05-03, Final Information Quality Bulletin for Peer 
Review (Dec 16, 2004), available at https://www.whitehouse.gov/wp-content/uploads/legacy_drupal_files/omb/memoranda/2005/m05-03.pdf.
---------------------------------------------------------------------------

    Proposed Sec.  1321.6(b)(1) acknowledges that the ability of a 
Recognized Statistical Agency or Unit to establish, maintain, and 
communicate the quality of the data they release is key to their 
ability to conduct credible and accurate statistical activities, free 
from even the appearance of manipulation. When any parent agency 
official external to the Recognized Statistical Agency or Unit plays 
any formal role in reviewing or approving the statistical product or 
the quality of the statistical product issued by the Recognized 
Statistical Agency or Unit, it can create an appearance that the 
Recognized Statistical Agency or Unit does not have sufficient 
authority and autonomy. Review or approval of the statistical product 
in any form creates a real risk that a parent agency could attempt to 
alter or suppress a statistical product by claiming that it fails to 
meet the quality standards of the parent agency. Accordingly, parent 
agency regulations, policies, and practices must clearly demonstrate 
that Recognized Statistical Agencies and Units have sole authority for 
oversight of the quality of their statistical products.
    In some cases, parent agency officials external to a Recognized 
Statistical Agency or Unit are authorized by statute to oversee the 
quality or objectivity of statistical products released by the agency.
    When another statute overlaps with the statutory provisions of the 
Evidence Act regarding quality of statistical products by authorizing 
another agency to make determinations that directly affect a Recognized 
Statistical Agency's or Unit's ability to carry out its fundamental 
responsibilities, OMB proposes that the authorized agency official 
delegate those determinations to the Recognized Statistical Agency or 
Unit. This proposed approach is similar to the Evidence Act provisions 
recognizing that the responsibilities of the newly created Chief Data 
Officers overlap with the responsibilities of the Recognized 
Statistical Agencies and Units.\75\
---------------------------------------------------------------------------

    \75\ 44 U.S.C. 3520(d)(1) (``To the extent necessary to comply 
with statistical laws, the Chief Data Officer of an agency shall 
delegate any responsibility under subsection (c) to the head of a 
statistical agency or unit (as defined in section 3561) within the 
agency.'').
---------------------------------------------------------------------------

    OMB considered an alternative regulatory approach to establish that 
statistical products disseminated by Recognized Statistical Agencies 
and Units are not subject to any quality standards of their parent 
agencies. However, while this approach would accomplish the objective 
of ensuring that Recognized Statistical Agencies and Units are solely 
responsible for ensuring the quality of their products, it could 
suggest that Recognized Statistical Agencies and Units could set less 
stringent quality standards than their parent agencies, which would not 
be appropriate. Under this proposed approach, the parent agency's 
quality standards remain in place, but the Recognized Statistical 
Agency or Unit is solely responsible for evaluating compliance with 
those standards.
    Proposed Sec.  1321.6(b)(3) specifies that employees, contractors, 
and agents of the parent agency or Recognized Statistical Agency or 
Unit, other than those designated by the releasing Recognized 
Statistical Agency or Unit head, shall be prohibited from publicly 
commenting on the content of any data released by the Recognized 
Statistical Agency or Unit until after the official release of the 
data. More specifically, for some statistical products such as those 
covered by Directive No. 3 there are additional requirements, including 
that no public commentary may be made by employees of the Executive 
Branch, except for members of the staff of the agency issuing the 
Principal Federal Economic Indicator who have been designated by the 
agency head to provide technical explanations of the data, until at 
least one hour after the official release time. For other statistical 
products, this provision aligns with the existing Directive No. 4 that 
contains policies about the independence of policy statements and from 
the technical data release, as well as provisions for not breaking the 
data embargo. A prohibition on public comment prior to the official 
release of the data supports a distinction between the statistical data 
released and interpretations of the data, including policy 
interpretations. This distinction is important for the credibility of 
the Recognized Statistical Agencies and Units and the trust in the 
accuracy of the data released.
    Proposed Sec.  1321.6(b)(4) requires that parent agencies provide 
Recognized Statistical Agencies and Units with the necessary authority 
to determine how statistical products are released. Some Recognized 
Statistical Agencies and Units rely on components of their parent 
agencies to maintain websites or other dissemination platforms. In 
these cases, the parent agency must not alter the content or appearance 
of a statistical product unless authorized by the head of the 
Recognized Statistical Agency or Unit. Policy officials at parent 
agencies may work with the Recognized Statistical Agency or Unit head 
to ensure that policy pronouncements are not included.
    Proposed Sec.  1321.6(b)(5) requires parent agencies to ensure that 
Recognized Statistical Agencies and Units are permitted to determine 
the appropriateness of and how their staff engage in peer review and 
career development activities such as publication in refereed journals, 
participation in statistical and other scientific associations, and 
presentation at professional conferences without review or approval 
from the parent agency, subject to applicable statutes. However, review 
of publication or participation may be appropriate where the venue also 
includes matters of policy, budget, or management. The National 
Academies' Principles and

[[Page 56724]]

Practices \76\ notes that ``The long-term credibility of a statistical 
agency depends on the agency's staff and the culture they build and 
maintain for quality and professionalism. An agency's subject-matter 
analysts should be encouraged and have ample opportunity to build 
networks with analysts in other agencies, academia, the private sector, 
other countries, and relevant international organizations and to 
present their work at relevant conferences and in working papers and 
refereed journal articles.'' This provision seeks to ensure the ability 
of professional staff at the Recognized Statistical Agencies and Units 
to engage in professional development activities to build their network 
and skill sets, learn new methodologies to apply to statistical 
products, and share out the research and development efforts that 
support the improvements to the Recognized Statistical Agency's or 
Units' statistical products. The National Academies' Principles and 
Practices articulates this as important to ensuring the qualifications 
of technical staff doing the work at Recognized Statistical Agencies 
and Units.
---------------------------------------------------------------------------

    \76\ Nat'l Acad. Sci., Eng'g, & Med., Principles and Practices 
for a Federal Statistical Agency (7th ed. 2021), available at 
https://www.nap.edu/read/25885/.
---------------------------------------------------------------------------

    In doing so, the Recognized Statistical Agencies and Units must 
ensure that they abide by regulatory, policy, and budgetary 
requirements that govern these types of activity. Recognized 
Statistical Agencies and Units that have internal resources to evaluate 
adherence to applicable laws and policies should use their own 
resources. However, some Recognized Statistical Agencies and Units are 
reliant on support functions of the parent agency. In those cases, the 
parent agency should consider assigning support function staff to 
report to the head of the Recognized Statistical Agency or Unit for 
these purposes. Parent agency support functions supporting the 
Recognized Statistical Agency or Unit would not have approval authority 
unless the head of the Recognized Statistical Agency or Unit delegates 
such authority to the support function. Without such delegated 
authority, the support function should provide to the head of the 
Recognized Statistical Agency or Unit sufficient information and 
analysis for the head of the agency to make an informed decision.

Proposed Sec.  1321.7--Objectivity

    The third fundamental responsibility of Recognized Statistical 
Agencies and Units is to conduct objective and impartial statistical 
activities. Impartial statistics are core to the concept of evidence-
based policymaking, which is based on the fundamental practice of using 
facts to guide policies. To support rigorous decision-making actions, 
data users need to be able trust that statistical outputs are 
completely transparent and policy-neutral; they therefore need to rely 
upon a Recognized Statistical Agency's or Unit's reputation as an 
impartial source of information. The requirements described in Sec.  
1321.7 to implement this responsibility can be divided into two related 
categories: transparent application of rigorous and best scientific 
methods to acquire, process, and disseminate data; and protection of 
the Recognized Statistical Agency's or Unit's ability to control these 
data processes free from undue influence from outside of the Recognized 
Statistical Agency or Unit. This section largely adopts several 
provisions that Recognized Statistical Agencies and Units and parent 
agencies are already following through their adherence to Directive No. 
1.
    Proposed Sec.  1321.7(a)(1) adopts the requirement in Directive No. 
1 for Recognized Statistical Agencies and Units to ``produce data that 
are impartial, clear, and complete and are readily perceived as such by 
the public.'' \77\
---------------------------------------------------------------------------

    \77\ Office of Mgmt. & Budget, Exec. Office of the President, 
Statistical Policy Directive No. 1: Fundamental Responsibilities of 
Federal Statistical Agencies and Recognized Statistical Units, 79 FR 
71610 (Dec. 2, 2014), available at https://www.govinfo.gov/content/pkg/FR-2014-12-02/pdf/2014-28326.pdf.
---------------------------------------------------------------------------

    Proposed Sec.  1321.7(a)(2) adopts the provision in Directive No. 1 
that the ``objectivity of the information released to the public is 
maximized by making information available on an equitable, policy-
neutral, transparent, timely, and punctual basis.'' \78\
---------------------------------------------------------------------------

    \78\ Id.
---------------------------------------------------------------------------

    It is essential that all data users (e.g., the general public, 
researchers, media, and private and non-profit entities) are provided 
equitable access to data released by Recognized Statistical Agencies 
and Units. To achieve this, Recognized Statistical Agencies and Units 
shall provide documentation on dissemination policies with respect to 
scheduling of statistical product releases, requests for special 
tabulations, and information on data collection periods. Equitable 
access should cover a variety of platforms keeping in mind ease of use 
and that all data users should have access to the data at the same 
time, with limited exceptions for targeted, specified purposes such as 
the policies set forth in OMB's Statistical Policy Directive No. 3. 
Equitable access is meant to provide for delivery in a manner that does 
not privilege any one person or group over another.
    Proposed Sec.  1321.7(a)(3) adopts the requirement in Directive No. 
1 for Recognized Statistical Agencies and Units to ``avoid even the 
appearance that agency design, collection, processing, editing, 
compilation, storage, analysis, release, and dissemination processes 
may be manipulated. The actual and perceived credibility of Federal 
statistics requires assurance that the selection of candidates for 
statistical positions is based primarily on their scientific and 
technical knowledge, credentials, experience, and integrity. Moreover, 
Recognized Statistical Agencies and Units must maintain and develop in-
house staff who are trained in statistical methodology to properly 
plan, design, and implement core data collection operations and to 
accurately analyze their data.'' \79\
---------------------------------------------------------------------------

    \79\ Id.
---------------------------------------------------------------------------

    Proposed Sec.  1321.7(a)(4) adopts the requirement in Directive No. 
1 for Recognized Statistical Agencies and Units to ``function in an 
environment that is clearly separate and autonomous from the other 
administrative, regulatory, law enforcement, or policymaking activities 
within their respective Departments.'' In particular, Recognized 
Statistical Agencies and Units must be able independently determine how 
to engage in statistical activities, including what information to 
collect and process, how to secure and protect confidential statistical 
data, which estimation methods to use, how to disseminate statistical 
products, and who to hire.\80\ This provision is not meant as a 
prohibition on parent agencies articulating data needs to Recognized 
Statistical Agencies and Units; instead, it is meant to clarify that 
Recognized Statistical Agencies and Units must be allowed to act 
autonomously in their determinations of how to deliver on those 
articulated data needs.
---------------------------------------------------------------------------

    \80\ Id.
---------------------------------------------------------------------------

    This longstanding policy in Directive No. 1, proposed in regulation 
in this action, of ``functional separation'' reinforces the requirement 
described in Sec.  1321.6(a)(3) to promote the objectivity of data 
through ensuring integrity of the process for generating data. In 
addition, functional separation between the Recognized Statistical 
Agency or Unit and parent agencies is vital to assure the public that 
collection and handling of all confidential statistical data acquired 
by a Recognized Statistical Agency or

[[Page 56725]]

Unit is consistent with CIPSEA 2018 and other applicable 
confidentiality statutes. Under CIPSEA 2018, Recognized Statistical 
Agencies and Units cannot provide access to and must avoid the 
appearance that individually identifiable data acquired by the 
Recognized Statistical Agency or Unit for exclusively statistical 
purposes might be accessed for administrative, regulatory, or law 
enforcement uses. Access to and use of confidential statistical data 
managed by a Recognized Statistical Agency or Unit must be limited to 
authorized employees and agents of the Recognized Statistical Agency or 
Unit who are legally prohibited from using the confidential statistical 
data for any nonstatistical purpose. Functional separation bolsters a 
culture and practice of respect for privacy and protection of 
confidentiality.
    Functional separation is also important for other aspects of the 
data lifecycle, including determining the type of data to collect, 
dedication of resources, and dissemination of statistical products. 
Providing this functional separation to the Recognized Statistical 
Agencies and Units across the data lifecycle promotes trust in the 
resulting statistical data. The clear distinctions between the 
Recognized Statistical Agency or Unit and the parent agencies in this 
work facilitates public perception and also the reality of those 
decisions being made by the entity responsible for impartial, objective 
statistical data, and not by entities with other missions and 
responsibilities. However, functional separation is not meant as a 
prohibition on parent agencies articulating data needs to Recognized 
Statistical Agencies and Units; instead, it is meant to clarify that 
Recognized Statistical Agencies and Units must be allowed to act 
autonomously in their determinations of how to deliver on those 
articulated data needs.
    Of course, statistical products issued by the Recognized 
Statistical Agency or Unit, which do not disclose confidential 
statistical data, can be used to inform aggregate administrative, 
regulatory, or law enforcement activity, which aligns with the 
Recognized Statistical Agency's or Unit's responsibility to produce and 
disseminate relevant and timely statistical information.
    Proposed Sec.  1321.7(b)(1) prohibits parent agencies, including 
any other sub-agency, office, or unit outside the Recognized 
Statistical Agency or Unit, from requiring prior clearance of 
statistical products, and allows Recognized Statistical Agencies and 
Units to respond to questions from external stakeholders (e.g., data 
users, the media, the Congress) about statistical products in a manner 
that ensures appropriate consultation with the parent agency if 
responses to questions from external stakeholders relate to policy, 
budget, or management issues, in addition to matters affecting current 
or future litigation. On December 17, 2010, the Director of the Office 
of Science and Technology Policy issued a memorandum that called for 
Executive departments and agencies to develop policies to ``ensure a 
culture of scientific integrity,'' ``strengthen the actual and 
perceived credibility of Government research,'' ``facilitate the free 
flow of scientific and technological information, consistent with 
privacy and classification standards,'' and ``establish principles for 
conveying scientific and technological information to the public.'' 
\81\
---------------------------------------------------------------------------

    \81\ Office of Mgmt. & Budget, Exec. Office of the President, 
Memorandum on Restoring Trust in Government Through Scientific 
Integrity and Evidence-Based Policymaking, 86 FR 8845 (Feb. 10, 
2021), available at https://www.govinfo.gov/content/pkg/FR-2021-02-10/pdf/2021-02839.pdf.
---------------------------------------------------------------------------

    At the time, the Recognized Statistical Agencies and Units 
developed a Statement of Commitment to Scientific Integrity that 
documents in a single place their response to the OSTP memorandum,\82\ 
which includes the following statement: ``Independence must include the 
statistical agency having authority for professional decisions over the 
scope, content, and frequency of data collected; analysis, or 
publishing of the information; authority to release statistical 
information without prior clearance; and adherence to predetermined 
schedules for public release of statistical information.'' Because of 
the fundamental responsibilities which Recognized Statistical Agencies 
and Units must uphold and their missions, it is critical that there be 
no perceived or real interference with the dissemination of statistical 
products or technical responses to questions from external 
stakeholders.
---------------------------------------------------------------------------

    \82\ Principal Statistical Agencies, Statement of Commitment to 
Scientific Integrity (2010), available at https://www.census.gov/content/dam/Census/about/about-the-bureau/policies_and_notices/scientificintegrity/Scientific_Integrity_Statement_of_the_Principal_Statistical_Agencies.pdf.
---------------------------------------------------------------------------

    Proposed Sec.  1321.7(b)(2) requires parent agencies to ensure that 
Recognized Statistical Agencies and Units are permitted to determine 
and carry out methods for conducting statistical activities for 
statistical purposes. Recognized Statistical Agencies and Units must 
function in an environment that is clearly separate and autonomous from 
nonstatistical (administrative, regulatory, law enforcement, or 
policymaking) activities within their respective Federal Agency/
Department and must be able to conduct statistical activities 
autonomously. Perceived or real influence on statistical activities by 
a non-statistical agency interferes with the objectivity and 
impartiality responsibilities of the Recognized Statistical Agencies 
and Units and could diminish trust in the resulting statistical data. 
Note that this provision is not meant as a prohibition on parent 
agencies articulating data needs to Recognized Statistical Agencies and 
Units; instead, it is meant to clarify that Recognized Statistical 
Agencies and Units must be allowed to act autonomously in their 
determinations of how to deliver on those articulated data needs.
    Proposed Sec.  1321.7(b)(3) implements the Evidence Act's 
recognition that the responsibilities and authorities granted to the 
newly created Chief Data Officers (CDOs) overlap with the authorities 
and responsibilities essential to a Recognized Statistical Agency's or 
Unit's ability to meet its fundamental responsibilities. Therefore 
section 3520(d) requires that, to the extent necessary to comply with 
statistical laws, the responsibilities granted to CDOs for data 
governance and lifecycle data management must be delegated in writing 
to the heads of Recognized Statistical Agencies and Units in order for 
them to meet their fundamental responsibilities. The Chief Data Officer 
of the agency shall defer to head of the Recognized Statistical Agency 
or Unit regarding the necessary delegation of duties with respect to 
any data acquired, maintained, or disseminated by the agency under 
applicable statistical law including the authority to certify 
information collection requests for the Recognized Statistical Agency 
or Unit under the Paperwork Reduction Act.\83\
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    \83\ See 44 U.S.C. 3520(d)(3); OMB M-19-23, at 24-25 & n.42.
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    Proposed Sec.  1321.7(b)(4) and (5) require parent agencies to 
allow Recognized Statistical Agencies and Units to manage resources, 
including confidential statistical data, in accordance with their 
responsibility to conduct objective statistical activities. As outlined 
above for proposed Sec.  1321.7 (a)(4), the functional separation 
between Recognized Statistical Agencies and Units and parent agencies 
for this work fosters public trust in the work of the Recognized 
Statistical Agencies and Units. In particular, data providers must be 
able to clearly determine if they are providing data to the Recognized 
Statistical Agency or Unit or a parent

[[Page 56726]]

agency. There must be functional separation between the administrative, 
regulatory, or law enforcement parent agency staff within the parent 
agency and the work accomplished by the Recognized Statistical Agency's 
or Unit's staff creating and supporting statistical products. For 
example, IT specialists are critical partners in the production of 
statistical products. Recognized Statistical Agencies' and Units' IT 
systems are tasked with conducting and analyzing complex calculations, 
interactions, and interdependencies that must be executed with 
precision by IT specialists. It is helpful if IT specialists are 
familiar with the statistical programs they support.
    In consideration of the responsibility of objectivity as it relates 
to the use of shared services (IT, printing, contracting, etc.), there 
are different acceptable methods available to parent agencies and the 
Recognized Statistical Agency or Unit. However, methods must adhere to 
the provisions in this regulation.
    As one example, assigning personnel directly to the Recognized 
Statistical Agency or Unit affords the agency or unit a straight-
forward defense against claims that parent agency personnel have 
unauthorized access to Principal Federal Economic Indicators or other 
statistical products. When the numbers produced by a Recognized 
Statistical Agency or Unit are handled from start to finish by the 
employees/contractors of the Recognized Statistical Agencies or Unit 
(and not those of the parent agency), the Recognized Statistical Agency 
or Unit along with their parent agency are able to easily disprove 
claims of falsified statistical products or inappropriate access to the 
statistical products. If agency personnel from outside the Recognized 
Statistical Agency or Unit are allowed access to systems responsible 
for the production and dissemination of statistical products, they must 
be subject to the same requirements and standards as employees/
contractors of Recognized Statistical Agencies or Units to ensure 
protection against claims from the public of external manipulation and 
inappropriate influence.
    Another approach is for Recognized Statistical Agencies and Units 
to enter into written agreements for shared services with parent 
agencies that include requirements and controls that uphold the 
fundamental responsibilities. These requirements and controls would 
include that all personnel providing the shared service are subject to 
the same requirements and standards as employees and contractors of 
Recognized Statistical Agencies or Units (e.g., the personnel are 
designated as ``agents'' of the Recognized Statistical Agency or Unit). 
The parent agency adhering to the requirements and controls in the 
agreement would provide the needed protections to prevent unauthorized 
access and to ensure the statistical products are protected from 
external manipulation and inappropriate influence.

Proposed Sec.  1321.8--Confidentiality

    The fourth fundamental responsibility of Recognized Statistical 
Agencies and Units is to protect the trust of information providers by 
ensuring the confidentiality and exclusive statistical use of their 
data. Data providers rely upon Recognized Statistical Agencies and 
Units to honor their commitments and statutory requirements to protect 
the confidentiality of data providers' information and to ensure that 
the confidential statistical data are used exclusively for statistical 
purposes.
    The Federal Statistical System is largely dependent on the 
willingness of individuals; businesses; and Federal, State, local, 
territorial, and Tribal governments to provide and allow their data to 
be used for statistical purposes. For example, even the perception that 
agencies responsible for regulating industries have unauthorized access 
to data provided to Recognized Statistical Agencies and Units may have 
a significant impact on survey response rates or on the willingness of 
a private sector entity to enter into a contract with Recognized 
Statistical Agency or Unit, and possibly thereby degrade data quality 
for those Recognized Statistical Agencies and Units and trust from the 
public. Directive No. 1 highlights the importance of protecting the 
confidentiality of responses because it ``reduces public confusion, 
uncertainty, and concern about the treatment and use of reported 
information'' and articulates the importance of the ``organizational 
climate'' by which Recognized Statistical Agencies and Units do their 
work which builds and sustains the trust of the data providers.\84\
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    \84\ Office of Mgmt. & Budget, Exec. Office of the President, 
Statistical Policy Directive No. 1: Fundamental Responsibilities of 
Federal Statistical Agencies and Recognized Statistical Units, 79 FR 
71610 (Dec. 2, 2014), available at https://www.govinfo.gov/content/pkg/FR-2014-12-02/pdf/2014-28326.pdf.
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    In addition to giving data providers confidence that their 
confidential statistical data will be protected, these protections also 
give the general public confidence that the Recognized Statistical 
Agencies and Units will be responsible stewards of the large amounts of 
sensitive information with which they are entrusted. The Recognized 
Statistical Agencies and Units must have the authority to determine the 
tools, practices, and procedures employed to ensure the effective 
security, including physical and logical security, of protect the 
confidentiality of, and provide appropriate access to the confidential 
statistical data. Such determination includes whether personnel such as 
economists, statisticians, data scientists, IT specialists, and subject 
matter experts who access confidential statistical data are to be 
directly assigned to the Recognized Statistical Agencies and Units.
    Proposed Sec.  1321.8(a)(1) requires Recognized Statistical 
Agencies and Units to appropriately secure all confidential statistical 
data, by ensuring that any information systems containing confidential 
statistical data employ effective barriers to appropriately restrict 
access. Current OMB guidance \85\ requires Recognized Statistical 
Agencies and Units to exercise supervision and control over agents 
authorized to access confidential statistical data. They must rely upon 
OMB and Department of Homeland Security-issued guidance on implementing 
the requirements of the Federal Information Security Management 
Modernization Act of 2014 (FISMA),\86\ as amended and as codified at 44 
U.S.C. 3551-3558, and the National Institute of Standards and 
Technology (NIST) standards \87\ used to identify the level of impact 
and controls for maintaining the confidentiality, integrity, and 
availability of all information systems and all information collected 
or maintained on behalf of a Federal agency or department. If a breach 
of confidentiality does occur, Recognized Statistical Agencies and 
Units must follow requirements in law and policy, and establish 
effective breach reporting procedures in consultation with appropriate 
agency personnel.
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    \85\ Office of Mgmt. & Budget, Exec. Office of the President, 
Implementation Guidance for Title V of the E-Government Act, 
Confidential Information Protection and Statistical Efficiency Act 
of 2002 (CIPSEA), 72 FR 33362 (June 15, 2007), available at https://www.govinfo.gov/content/pkg/FR-2007-06-15/pdf/E7-11542.pdf.
    \86\ More information is available at https://www.cisa.gov/federal-information-security-modernization-act.
    \87\ E. McCallister et al., Nat'l Inst. of Standards & Tech, 
Guide to Protecting the Confidentiality of Personally Identifiable 
Information (2010), available at https://tsapps.nist.gov/publication/get_pdf.cfm?pub_id=904990.

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[[Page 56727]]

    Proposed Sec.  1321.8(a)(2) requires Recognized Statistical 
Agencies and Units to ensure that confidential statistical data are not 
used for any nonstatistical purposes. Efforts to protect against 
disclosure of confidential statistical data should include instituting 
a statistical confidentiality disclosure review board, as part of a 
broader confidentiality program that incorporates training and 
knowledge sharing, that provides guidance, oversight, and approval for 
disclosure limitation methods used for publication of data products in 
a manner that maintains respondent confidentiality.
    Ensuring that confidential statistical data is not used for any 
nonstatistical purpose requires the Recognized Statistical Agency or 
Unit to have control over who gets access. This requires coordination 
with the Chief Freedom of Information Act (FOIA) Officer, maintaining 
supervision over individuals authorized to have access, and employing 
best practices to minimize the risk of disclosure.
    Proposed Sec.  1321.8(a)(3) and (4) require Recognized Statistical 
Agencies and Units to communicate policies and procedures for ensuring 
confidentiality with data providers through a variety of mechanisms in 
order to maintain public trust.
    Proposed Sec.  1321.8(a)(5) specifies requirements for Recognized 
Statistical Agencies and Units to maintain and develop access to 
professional staff that are trained in statistical disclosure 
limitation and restricted access mechanisms to maximize the protection 
of the confidential statistical data for the entirety of the data 
lifecycle. Access to well-trained professional staff are a critical 
component of Recognized Statistical Agencies' and Units' ability to 
meet their obligations to maintain confidentiality for respondents and 
other data providers and participants, and crucial for making sure data 
are used for exclusively statistical purposes.
    Proposed Sec.  1321.8(a)(6) requires Recognized Statistical 
Agencies and Units inform employees, contractors, and other approved 
agents of the Recognized Statistical Agencies and Units of the legal 
requirements to protect confidential statistical data and the 
associated penalties of willfully disclosing confidential statistical 
data in an identifiable manner. This reinforces the commitment to 
confidentiality by the Recognized Statistical Agencies and Units. Under 
CIPSEA 2018, all Recognized Statistical Agencies and Units are subject 
to the criminal penalty in 44 U.S.C. 3572(f), which provides that any 
officer, employee, or approved agents of the Recognized Statistical 
Agency or Unit who willfully discloses confidential statistical data in 
an identifiable form is subject to fines and penalties, which include 
being guilty of a class E felony and imprisoned for not more than 5 
years, or fined not more than $250,000, or both. Other statistical laws 
also include similar criminal provisions for willful disclosure.
    Proposed Sec.  1321.8(b)(1) requires parent agencies to ensure that 
the Recognized Statistical Agencies and Units have the sole authority 
to determine appropriate access to confidential statistical data. 
Recognized Statistical Agencies and Units often ask individuals and 
businesses to provide or grant access to information that is private, 
sensitive, or proprietary. The requirements in this section are 
designed to protect the trust necessary to facilitate the sharing of 
sensitive information by ensuring the Recognized Statistical Agencies 
and Units have the proper authority to protect confidential statistical 
data.
    Proposed Sec.  1321.8(b)(2) requires parent agencies to implement 
Federal Information Technology Acquisition Reform Act (FITARA) 
authorities in a manner consistent with both FITARA and section 3563 
and to exercise their authorities in a manner that enables, supports, 
and facilitates the ability of Recognized Statistical Agencies and 
Units to meet their fundamental responsibilities. The goal of FITARA is 
to eliminate duplication and waste in IT acquisition for the Federal 
Government. Executive Order 13833: Enhancing the Effectiveness of 
Agency Chief Information Officers \88\ and the associated implementing 
regulations from the Office of Personnel Management, seek to enhance 
the effectiveness of agency CIOs to modernize IT systems, execute IT 
programs more efficiently, reduce cybersecurity risks, and serve the 
American people well.
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    \88\ Office of Mgmt. & Budget, Exec. Office of the President, 
Enhancing the Effectiveness of Agency Chief Information Officers, 83 
FR 23345 (May 18, 2018), available at https://www.federalregister.gov/documents/2018/05/18/2018-10855/enhancing-the-effectiveness-of-agency-chief-information-officers.
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    These goals are critical to ensuring effective and efficient IT 
systems across government. Furthermore, these goals, and the 
authorities granted to agency CIOs under FITARA and associated 
policies, do not conflict with the goals of the Evidence Act or with 
the goals of this proposed regulation. Agency CIOs must ensure, 
however, that the manner in which FITARA authorities are implemented 
and exercised within agencies is consistent with both FITARA and 
section 3563 and that they exercise their authorities in a manner that 
enables, supports, and facilitates the ability of Recognized 
Statistical Agencies and Units to meet their fundamental 
responsibilities.
    Proposed Sec.  1321.8(b)(3) seeks to ensure that parent agencies 
enable, support, and facilitate the ability of the Recognized 
Statistical Agency or Unit to meet its obligations with respect to 
protecting the privacy of information provided by respondents within 
the larger privacy oversight role performed by the parent agency.
    Proposed Sec.  1321.8(c) could serve as a substitute for other 
sections of this regulation pertaining to the authority to protect 
confidential statistical data. OMB requests comments both on whether 
this process would meet the requirements under 44 U.S.C. 3563 as well 
as which sections of this regulation this process might replace.
    Protection of confidential statistical data from unauthorized 
access and use is an essential authority that Recognized Statistical 
Agencies and Units must have in order to carry out their fundamental 
responsibilities. CIPSEA 2018 obligates every Recognized Statistical 
Agency or Unit to carry out the responsibility to ``protect the trust 
of information providers by ensuring the confidentiality and exclusive 
statistical use'' of confidential statistical data. CIPSEA 2018 also 
applies penalties for willful unauthorized disclosure of any 
confidential statistical data in 44 U.S.C. 3572. It is inherent in the 
responsibility to ensure confidentiality that the Recognized 
Statistical Agency or Unit use the Congressionally established fines 
and penalties to protect confidential statistical data and it is 
inherent in the requirement for parent agencies to enable, support, and 
facilitate Recognized Statistical Agencies and Units that parent 
agencies support and enable the use of these fines and penalties.
    Authority to determine which individuals are permitted to access 
confidential statistical data must rest with the head of the Recognized 
Statistical Agency or Unit so that statutory penalties apply to 
unauthorized disclosure of identifiable information. To exercise such 
authority outside of the Recognized Statistical Agency or Unit creates 
an unintended and harmful loophole to the penalty established in 44 
U.S.C. 3572. This regulation would require that the entire agency 
recognize and uphold the Recognized Statistical Agency or Unit's 
exclusive authority to determine who has access to confidential 
statistical data. Importantly, Recognized Statistical

[[Page 56728]]

Agencies and Units may have agency-specific statistical laws that 
provide penalties and those agencies should ensure that all appropriate 
legal penalties apply to unauthorized disclosure of confidential 
statistical data.
    Additionally, exclusive authority sitting with the Recognized 
Statistical Agency or Unit to determine access underlies the commitment 
made to confidential statistical data providers that the data be used 
for exclusively statistical purposes. Recognized Statistical Agencies 
and Units have the necessary expertise to determine what constitutes 
statistical purposes and Recognized Statistical Agencies and Units are 
statutorily obligated to keep the commitment. To exercise such 
authority outside of the Recognized Statistical Agency or Unit could 
undermine data providers' confidence in the Recognized Statistical 
Agency or Unit's capacity to keep their commitments.
    Several sections of this regulation would protect confidential 
statistical data from unauthorized access by ensuring Recognized 
Statistical Agencies and Units have the sole authority to make 
determinations about access to confidential statistical data. For 
example, Sec.  1321.7(a)(4) provides Recognized Statistical Agencies 
and Units with exclusive authority for granting access to confidential 
statistical data, Sec.  1321.7(b)(5) ensures Recognized Statistical 
Agencies and Units have the appropriate authority regarding access to 
confidential statistical data, Sec.  1321.8(a)(1) requires Recognized 
Statistical Agencies and Units to restrict access to confidential 
statistical data, and Sec.  1321.8(b)(1) requires parent agencies to 
ensure Recognized Statistical Agencies and Units have sole authority to 
provide access to confidential statistical data by delegating any other 
authority to the Recognized Statistical Agency or Unit.
    Paragraph (c) provides a more detailed process to achieve the same 
goal. Some Recognized Statistical Agencies or Units have sufficient 
resources to maintain their own IT staff, equipment, and software. In 
those cases, it is likely unnecessary for parent agency officials to 
access confidential statistical data and a parent agency would not need 
to do anything other than to ensure that those resources are maintained 
and ensure that parent agency employees who are not designated as 
agents understand they are not permitted to access confidential 
statistical data. However, some Recognized Statistical Agencies and 
Units have a greater reliance on their parent agencies' IT 
infrastructure. In those cases where Recognized Statistical Agencies 
and Units meet their obligations through reliance on parent agency 
officials managing one or more aspects of IT security and such 
officials need to access confidential statistical data for the limited 
purposes of protecting that data from unauthorized access or otherwise 
providing support services for statistical activities, this proposed 
section lays out a process wherein the Recognized Statistical Agency or 
Unit maintains authority to determine the standards for accessing the 
data and authority to designate for who can access the data. The 
process also provides transparency regarding the standards for access 
and requires a coordinated effort between the Recognized Statistical 
Agency or Unit and the parent agency to ensure that the parent agency 
has the access it needs to meet its responsibilities.
    Paragraph (c) makes it clear the responsibility to ensure that the 
data is protected from unauthorized access stretches across the entire 
agency--including the responsibility to protect the data from 
unauthorized access within the agency itself. The regulation would not 
alter any other requirements for any agency officials to ensure that 
data is protected from unauthorized access. Instead, it would simply 
clarify that, given the sensitive nature of confidential statistical 
data and the obligation to protect against disclosure and 
nonstatistical use, the data receives an extra layer of security by 
requiring any person outside of the Recognized Statistical Agency or 
Unit to be designated by the Recognized Statistical Agency or Unit as 
an agent of the Recognized Statistical Agency or Unit should they 
require access to confidential statistical data. This designation of 
agents and limitation on access to anyone who is not an employee or 
agent of the Recognized Statistical Agency or Unit is necessary so that 
everyone accessing the confidential statistical data is subject to the 
same penalty for unauthorized disclosure, which is another layer of 
security against misuse of the data. A requirement to be authorized to 
access confidential data is not unique to confidential statistical 
data. However, this process also ensures that if there are 
disagreements or challenges the head of the agency and the Chief 
Statistician of the United States are available and involved in 
resolving the conflict.

Proposed Sec.  1321.9--Compliance Review

    This regulation seeks to ensure the efficiency and effectiveness of 
Recognized Statistical Agencies and Units, as well as the integrity, 
objectivity, impartiality, utility, and confidentiality of information 
collected for statistical purposes. History has shown that the ability 
of Federal agencies to meet the requirements and responsibilities 
described in the previous sections will depend on the creation of 
institutional processes that result in meaningful incentives for 
compliance.
    This proposal offers three options to address the need for a 
compliance review:
    (A) ICSP Review: Option A would direct the ICSP to form a Peer 
Review Committee, which will assess each Recognized Statistical Agency 
or Unit and its parent agency for compliance with this regulation.
    (B) Council of the Inspectors General on Integrity and Efficiency 
(CIGIE) Review: Option B would direct the Council for Inspector General 
Integrity and Efficiency to form a statistical audit committee, which 
would designate certain Inspectors General as statistical auditors and 
provide those statistical auditors with support, education, and 
resources. Each Recognized Statistical Agency or Unit and its parent 
agency would be audited for compliance with this regulation.
    (C) Inspector General Review: Option C would direct each Inspector 
General of each parent agency containing a Recognized Statistical 
Agency or Unit to conduct audits for compliance with this regulation.
    Under any option, each Recognized Statistical Agency or Unit and 
parent agencies would be reviewed at least once every three years, 
which is consistent with the Paperwork Reduction Act's requirement for 
a review of information collections every three years. Each of these 
three options includes requirements for transparency of the results of 
the audits and tracking progress on addressing any identified 
deficiencies. These options also each recognize the role of the Chief 
Statistician of the United States in coordinating and overseeing the 
Federal Statistical System and ensuring compliance with statistical 
laws. None of the three options would authorize access to confidential 
statistical data or related information systems unless such access was 
in compliance with this regulation and any other applicable statutes.
    Option A would direct the Interagency Council on Statistical Policy 
to form a Peer Review Committee (hereafter, ``the Committee'') under 
the Council's role in advising and assisting the Director of OMB in 
carrying out the Director's statistical policy and

[[Page 56729]]

coordination responsibilities, as described in section 3504(e) and 
carried out by the Chief Statistician of the United States. The 
Committee, in consultation with the Chief Statistician of the United 
States, is required to develop and govern procedures to perform peer- 
and/or self-assessments of each Recognized Statistical Agency or Unit 
and relevant associated parent agencies, at least once every three 
years for compliance with the regulations proposed here, and to make 
those assessments available to the public on the website of the 
Recognized Statistical Agency or Unit in a timely manner. This does not 
negate the ability of the Chief Statistician of the United States or 
any other oversight body to lead or conduct other additional internal 
or external oversight activities, as appropriate.
    These proposed procedures are based on domestic and international 
best practices and are consistent with requirements and best practices 
from the National Academies, at the United Nations, within Eurostat, 
and for the United Kingdom, Canada, and Mexico. For example, the 
National Academies notes that Recognized Statistical Agencies and Units 
``should have processes in place to support regular evaluations of 
their major statistical programs and their overall portfolio of 
programs. Such evaluations should include internal reviews by staff and 
external reviews by independent groups.'' \89\ The United Nations' 
Fundamental Principles of Official Statistics implementation guidance 
\90\ recommends that systematic quality assessments be performed, such 
as self-assessments, peer reviews, or quality audits, or combinations 
thereof. The Expert Group on National Quality Assurance Framework, 
which was commissioned by the United Nations Statistical Commission 
(UNSC), defines quality audits as a ``systematic, independent, and 
documented process'' that seeks to obtain evidence about the quality of 
statistical processes and to assess it objectively. The quality audits 
seek to understand the extent to which ``policies, procedures, and 
requirements on quality are fulfilled.'' UNSC defines peer reviews as 
external audits aimed to ``assess a statistical process at a higher 
level'' but not to check item by item requirement conformity.\91\
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    \89\ Nat'l Acad. Sci., Eng'g, & Med., Principles and Practices 
for a Federal Statistical Agency (7th ed. 2021), available at 
https://www.nap.edu/read/25885/.
    \90\ United Nations Statistics Division, Supplementing the 
United Nations Fundamental Principles of Official Statistics: 
Implementation Guidelines (2019), available at https://unstats.un.org/unsd/statcom/50th-session/documents/BG-Item3b-FPOS-Implementation-guidelines-E.pdf.
    \91\ United Nations Statistical Commission, Guidelines For The 
Template For A Generic National Quality Assurance Framework (2012), 
available at https://unstats.un.org/unsd/dnss/docs-nqaf/GUIDELINES%208%20Feb%202012.pdf.
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    The advantage of peer reviews over self-assessments is the use of 
external experts. Compared to formal quality audits, peer reviews may 
be less formal and broader while still meeting the goal of examining a 
Recognized Statistical Agency's or Unit's practices for compliance with 
the Federal Statistical System's standards and practices.
    The European Statistical System in particular has a long, well-
documented, and very transparent history of using peer reviews of 
national statistics institutes. The objective of their peer reviews is 
to ``review the compliance/alignment of the [European Statistical 
System] with the Code of Practice and to help the statistical 
authorities making up the [European Statistical System] to further 
improve and develop the national statistical systems.'' \92\
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    \92\ European Statistics System, Peer Reviews, available at 
https://ec.europa.eu/eurostat/web/quality/peer-reviews.
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    To provide for transparency around the results of the assessments, 
the Committee shall require publication of the results of the review on 
the Recognized Statistical Agency's or Unit's public website in a 
timely manner. The Committee should consider whether all Recognized 
Statistical Agencies and Units should place the results of the reviews 
in a standardized location on the public websites and should determine 
how many business days after results are available to the Recognized 
Statistical Agency or Unit that they are required to be posted on their 
public website. Requiring transparency of the results is not unique to 
the U.S.; the United Nations' Fundamental Principals of Official 
Statistics Implementation Guide states that it is essential to the 
trust and credibility of official statistics that ``any evaluation 
reports and audits of statistical activities should be made public.'' 
\93\
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    \93\ Friends of the Chair Group on the Implementation of the 
Fundamental Principles of Official Statistics, U.N. Stat. Comm'n, 
United Nations Fundamental Principles of Official Statistics: 
Implementation Guidelines 66 (2015), available at https://unstats.un.org/unsd/dnss/gp/Implementation_Guidelines_FINAL_without_edit.pdf.
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    Options B and C would require each agency that contains a 
Recognized Statistical Agency or Unit to undergo an audit of compliance 
with these regulations by an Inspector General. Since 1978, Inspectors 
General have been conducting audits of agencies to promote efficiency 
and effectiveness of Federal programs. They are uniquely situated to 
provide an objective and independent review of agency operations.
    Given the unique nature of statistical laws and processes, both 
options would require Inspectors General to consult with the Chief 
Statistician of the United States to ensure consistent interpretation 
and application of statistical laws and to promote a better 
understanding of statistical processes. Option B would further 
consistency and statistical expertise among Inspectors General by 
requiring the establishment of a committee that would designate certain 
Inspectors General as statistical auditors. This option would benefit 
the Federal Statistical System and the Inspectors General community by 
reducing the number of Inspectors General that need to develop the 
specialized expertise in statistical laws and practices and reducing 
the number of additional persons who may need to seek authorization to 
access confidential statistical data and related information systems.
    Under both options (B) and (C), the head of the Recognized 
Statistical Agency or Unit shall be considered a responsible official 
for purposes of the statistical audit and shall be given an opportunity 
to review and respond to the audit results.

F. Expected Impact of This Regulation

    This proposed regulation applies to Federal agencies, and does not 
impose requirements on individuals, businesses, associations, 
organizations, or other private sector entities. The purpose of this 
proposed regulation is largely to conform existing regulations, 
policies, and practices to the new statutory requirements in the 
Evidence Act, in particular for Recognized Statistical Agencies and 
Units to meet fundamental responsibilities and for parent agencies to 
enable, support, and facilitate the Recognized Statistical Agencies and 
Units in meeting their fundamental responsibilities. These proposed 
regulations fill in some policy gaps, but any regulatory decisions will 
have a marginal impact on transfers, costs, and benefits, and this 
proposed regulation goes no further than is necessary to implement the 
statutory requirements of the Evidence Act. Without this proposed 
regulation, it will be impossible for OMB to comply with its 
obligations under the Evidence Act to promulgate regulations 
implementing these new statutory provisions, and agencies will lack 
guidance concerning how to effectuate their own obligations under the 
Evidence Act.

[[Page 56730]]

Affected Agencies and Current Landscape

    This proposed regulation affects the Recognized Statistical 
Agencies and Units, as well as parent agencies, as defined in this 
proposed regulation.
    * Recognized Statistical Agencies and Units: As of this proposed 
regulation, there are 16 Recognized Statistical Agencies and Units 
which vary in size from around 50 full time employees to around 7,000 
full time employees.\94\ Recognized Statistical Agencies and Units also 
vary in position within their organizational units and reporting 
structure.
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    \94\ Office of Mgmt. & Budget, Exec Office of the President, 
Statistical Programs of the United States Government: Fiscal Years 
2019/2020 (2020), available at https://www.whitehouse.gov/wp-content/uploads/2020/12/statistical-programs-20192020.pdf.
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    * Parent agencies: Parent agencies vary widely in size and 
organizational structure.\95\ Because there is no authoritative source 
on the number of Federal agencies, for the purposes of this proposed 
regulation, OMB is counting the number of Federal agencies in the 
following way:
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    \95\ For example, the Department of Education has approximately 
3,900 full time employees and the Department of Veterans Affairs has 
approximately 342,000 full time employees. Also, there are parent 
agencies that are smaller than the Department of Education. See 
Office of Personnel Mgmt, Sizing Up the Executive Branch Fiscal Year 
2017, available at https://www.opm.gov/policy-data-oversight/data-analysis-documentation/federal-employment-reports/reports-publications/sizing-up-the-executive-branch-2016.pdf.

--24 CFO Act agencies
--36 other or independent agencies, taking the total number of agencies 
in the Unified Agenda (60) \96\ and subtracting out the 24 CFO Act 
agencies
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    \96\ Office of Info. & Reg. Affairs, Exec Office of the 
President, About the Unified Agenda https://www.reginfo.gov/public/jsp/eAgenda/UA_About.myjsp (last visited May 1, 2023).
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--240 components of CFO Act agencies using an average of 10 components 
per CFO Act agency (inclusive of the 16 Recognized Statistical Agencies 
and Units)

    Thus, for the purposes of this proposed regulation, there are 300 
parent agencies. Note that Recognized Statistical Agencies and Units 
can be considered parent agencies to other Recognized Statistical 
Agencies and Units under this proposed regulation.
    OMB expects that Recognized Statistical Agencies and Units are 
generally already implementing most requirements of this proposed 
regulation. However, OMB expects that the current landscape across 
parent agencies varies widely. OMB expects that for some parent 
agencies implementation of this proposed regulation will be resource 
intensive; however, OMB also expects that some parent agencies already 
have regulations, policies, and practices that align with a substantial 
number of the requirements for this proposed regulation. Also, for many 
parent agencies, implementation of this proposed regulation will not be 
resource intensive and will be complete after reviewing this proposed 
regulation--as many parent agencies are expected to not have any 
regulations, policies, or practices that intersect with this proposed 
regulation. Given the current landscape, OMB is uncertain the exact 
number of Federal regulations, policies, and practices that will 
require revision based on this proposed regulation.

Estimated Cost of Agencies Reviewing This Regulation

    This proposed regulation will require Federal agencies to first 
review this regulation. This step includes reading of the full 
regulation and taking brief notes on possible intersections with parent 
agency regulations, policies, and practices. It is likely that this 
review will be performed by GS-14 Step 5 or equivalent staff within the 
Federal agencies, as this review will require a deep understanding of 
the parent agency's regulations, policies, and practices to understand 
for which and how the parent agency's regulations, policies, and 
practices intersect with this proposed regulation to inform the next 
steps of reviewing and making revisions to those regulations, policies, 
and practices. It is also likely that the staff will be based in the 
Washington, DC, pay region, as many of the staff are likely to work for 
the Federal agency headquarters locations. The hourly rate for a GS-14 
Step 5 employee in the Washington, DC, region per the Office of 
Personnel Management for calendar year 2023 is $71.88. OMB assumes that 
the total dollar value of labor, which includes wages, benefits, and 
overhead, is equal to 200 percent of the wage rate, resulting in a 
value of $143.76 per hour.
    OMB expects that for the 24 CFO Act agencies that a central office 
would do the first review for all components, except Recognized 
Statistical Agencies and Units, to identify which parts of the 
regulation would apply to the different components. OMB expects this to 
be resource intensive for the central office, but OMB expects review of 
the regulation by components will be less intensive because of the work 
done by the central office to target the components review. OMB expects 
other agencies, independent agencies, and Recognized Statistical 
Agencies and Units to do this review for their own agency.
    Because of this tiered review process, review of this regulation is 
expected to take different lengths of time for the different parent 
agencies. In general, OMB expects it will take the central office for 
the 24 CFO Act agencies on average 40 hours to do this review and 
identify relevant parts of the regulation for its components. This 
means it would cost $5,750.40 per agency and $138,009.60 across all 24 
CFO Act agencies. For the 224 components except the Recognized 
Statistical Agencies and Units, OMB expects this review to take on 
average 7 hours. This average for components assumes a longer review 
duration for parent agencies in the reporting structure and a much 
shorter review duration for parent agencies not in the reporting 
structure. This means it would cost $1,006.32 per agency and 
$225,415.68 across all 224 components. For the 36 other agencies and 
independent agencies, OMB expects this review to take an average of 16 
hours. This means it would cost $2,300.16 per agency and $82,805.76 
across all 36 other agencies and independent agencies. For the 16 
Recognized Statistical Agencies and Units, OMB expects this review to 
take on average 16 hours. This means it would cost $2,300.16 per agency 
and $36,802.56 across all 16 Recognized Statistical Agencies and Units.
    Therefore, across the 300 Federal agencies, the Governmentwide cost 
for reviewing this regulation would be $483,033.60.

                                          Cost To Review the Regulation
----------------------------------------------------------------------------------------------------------------
                                     Number of       Hours to                        Cost per
              Type                   agencies         review       Cost per hour      agency        Total costs
----------------------------------------------------------------------------------------------------------------
RSAU............................              16              16         $143.76       $2,300.16      $36,802.56
CFO Act Agencies--Central Office              24              40          143.76        5,750.40      138,009.60

[[Page 56731]]

 
Components of Departments,                   224               7          143.76        1,006.32      225,415.68
 except RSAUs...................
Other/Independents..............              36              16          143.76        2,300.16       82,805.76
                                 -------------------------------------------------------------------------------
    Totals......................             300  ..............  ..............  ..............      483,033.60
----------------------------------------------------------------------------------------------------------------

Estimated Costs of Agencies Reviewing Their Own Regulations, Policies, 
and Practices To Determine Necessary Action

    After review of this regulation, parent agencies will then review 
their own regulations, policies, and practices to determine necessary 
action. This step may also require engagement across components of the 
Federal agency, including with staff of any Recognized Statistical 
Agencies or Units in the organization.
    Review of the regulations, policies, and practices will vary across 
Federal agencies, depending on the number of regulations, policies, and 
practices issued by the Federal agency. OMB splits Federal agencies 
into four categories for this analysis:
    (1) 16 Recognized Statistical Agencies and Units,
    (2) 32 parent agencies that are in the direct reporting structure 
for the Recognized Statistical Agency or Unit,\97\
---------------------------------------------------------------------------

    \97\ Reporting structures across the Government vary widely. As 
such, some Recognized Statistical Agencies or Units report directly 
to their agency's front office, while others report to one or more 
interim agencies. Assuming for the 16 Recognized Statistical 
Agencies or Units that on average there are two agencies in the 
reporting structure, that means 32 parent agencies are included in 
the direct reporting structure for this estimate.
---------------------------------------------------------------------------

    (3) 63 parent agencies that are not in the direct reporting 
structure for the Recognized Statistical Agency or Unit but are likely 
to have regulations, policies, or practices that require review,\98\ 
and
---------------------------------------------------------------------------

    \98\ OMB estimates that 25 percent of the remaining parent 
agencies will likely have regulations, policies, or practices that 
require review.
---------------------------------------------------------------------------

    (4) 189 parent agencies that are not in the direct reporting 
structure for the Recognized Statistical Agency or Unit but are not 
likely to have regulations, policies, or practices that require 
review.\99\
---------------------------------------------------------------------------

    \99\ OMB estimates that the remaining 75 percent of parent 
agencies will likely not have regulations, policies, or practices 
that require review.
---------------------------------------------------------------------------

    OMB expects these four categories of Federal agencies will have 
meaningfully different costs for reviewing their regulations, policies, 
and practices. For all four categories, OMB is estimating the review 
time on a per regulation, policy, or practice basis.
    For category 1, OMB estimates it will take on average 4 hours for 
an employee with an average hourly cost of $143.76 per regulation, 
policy, or practice to review and determine necessary action. OMB 
expects 4 hours given their familiarity with and expectation that most 
are already implementing most of the requirements of this regulation. 
OMB expects on average that Recognized Statistical Agencies or Units 
will have 10 regulations, policies, or practices to review. Therefore, 
for each Recognized Statistical Agency or Unit, OMB estimates it will 
cost $5,750.40 to review their regulations, policies, and practices. 
Across all 16 Recognized Statistical Agencies or Units, OMB estimates 
it will cost $92,006.40.
    For category 2, OMB estimates it will take on average 16 hours for 
an employee with an average hourly cost of $143.76 per regulation, 
policy, or practice to review and determine necessary action. OMB 
expects it to take more time for the parent agencies that are in the 
direct reporting structure for the Recognized Statistical Agency or 
Unit because they are likely to have more intersecting regulations, 
policies, and practices with this regulation. OMB expects on average 
that parent agencies in the direct reporting structure for a Recognized 
Statistical Agency or Unit will have 20 regulations, policies, or 
practices to review. Therefore, for each parent agency that are in the 
direct reporting structure for the Recognized Statistical Agency or 
Unit, OMB estimates it will cost $46,003.20 to review their 
regulations, policies, and practices. Across all 32 parent agencies 
that are in the direct reporting structure for the Recognized 
Statistical Agency or Unit, OMB estimates it will cost $1,472,102.40.
    For category 3, OMB estimates it will take 8 hours for an employee 
with an average hourly cost of $143.76 per regulation, policy, or 
practice on average to review and determine necessary action. OMB 
expects it to take less time for these parent agencies than those that 
are in the direct reporting structure for the Recognized Statistical 
Agency or Unit, but more time than for the Recognized Statistical 
Agency or Unit. OMB expects on average that parent agencies that are 
not in the direct reporting structure for the Recognized Statistical 
Agency or Unit but are likely to have regulations, policies, or 
practices that require review will have 10 regulations, policies, or 
practices to review. Therefore, for each parent agency that are not in 
the direct reporting structure for the Recognized Statistical Agency or 
Unit but are likely to have regulations, policies, or practices that 
require review, OMB estimates it will cost $11,500.80 to review their 
regulations, policies, and practices. Across all 63 parent agencies 
that are not in the direct reporting structure for the Recognized 
Statistical Agency or Unit but are likely to have regulations, 
policies, or practices that require review, OMB estimates it will cost 
$724,550.40.
    For category 4, OMB expects it to be very rare for an agency to 
need to review their regulations, policies, or practices to determine 
necessary action. Thus, OMB estimates the time spent on this on average 
to be zero hours and therefore cost $0.

                           Costs To Review Agency Regulations, Policies, and Practices
----------------------------------------------------------------------------------------------------------------
                                                                         Number of
            Category              Number of     Hours to     Cost per   policies to    Cost per     Total cost
                                   agencies      review        hour        review       agency
----------------------------------------------------------------------------------------------------------------
1..............................           16            4      $143.76           10    $5,750.40      $92,006.40
2..............................           32           16       143.76           20    46,003.20    1,472,102.40

[[Page 56732]]

 
3..............................           63            8       143.76           10    11,500.80      724,550.40
4..............................          189            0       143.76            0  ...........  ..............
                                --------------------------------------------------------------------------------
    Total......................  ...........  ...........  ...........  ...........  ...........    2,288,659.20
----------------------------------------------------------------------------------------------------------------

Estimated Costs of Agencies Revising Their Own Regulations, Policies, 
and Practices Where Needed

    Where determined necessary, Federal agencies will need to revise 
regulations, policies, and practices because of this regulation. OMB 
expects that revisions will range from relatively small and technical 
to substantive and resource intensive, which means that the time 
required to draft the revisions and execute the revisions to issue a 
final update will vary. Similar to the previous analysis, OMB splits 
the analysis of the estimated costs based on category of agency. The 
following provides the analysis for expected costs for the drafting of 
the revisions to regulations, policies, and practices.
    For category 1, OMB estimates it will take on average 40 hours for 
an employee with an average hourly cost of $143.76 per regulation, 
policy, or practice to draft the revisions appropriately. This is 
because OMB expects that most of the regulations, policies, or 
practices within the Recognized Statistical Agencies and Units already 
align with this proposed regulation, and OMB would expect the revisions 
to be relatively small or technical. OMB expects that up to half of the 
reviewed regulations, policies, and practices may require revisions. 
Therefore, OMB expects on average 5 regulations, policies, or practices 
to be revised based on this regulation. Per agency, this is expected to 
be a total cost of $28,752.00, and across all of this category of 
agency is expected to be $460,032.00.
    For category 2, OMB estimates it will take on average 80 hours for 
an employee with an average hourly cost of $143.76 per regulation, 
policy, or practice to revise it appropriately. OMB expects that parent 
agencies that are in the direct reporting structure for the Recognized 
Statistical Agency or Unit will have more regulations, policies, and 
practices that will require more substantive revisions. In addition, 
OMB expects a higher rate of regulations, policies, and practices to 
require revision and estimates this at 75 percent of those reviewed. 
Therefore, OMB expects on average 15 regulations, policies, or 
practices to be revised based on this regulation. Per agency, this is 
expected to be a total cost of $172,512.00, and across all of this 
category of agency is expected to be $5,520,384.00.
    For category 3, OMB estimates it will take on average 80 hours for 
an employee with an average hourly cost of $143.76 per regulation, 
policy, or practice to revise it appropriately. Similar to category 2, 
OMB expects that when a regulation, policy, or practice requires 
revision, it will be substantive. However, OMB expects a lower rate of 
reviewed regulations, policies, and practices to require revision, 
estimated that about 25 percent may require revisions. Therefore, OMB 
expects on average 2.5--rounded up to 3--regulations, policies, or 
practices to be revised based on this regulation. Per agency, this is 
expected to be a total cost of $34,502.40, and across all of this 
category of agency is expected to be $2,173,651.20.
    For category 4, OMB expects it to be very rare for a regulation, 
policy, or practice to require revision. Therefore, OMB expects on 
average 0 policies to be revised and $0 expected cost.

                                      Costs To Draft or Revise Regulations
----------------------------------------------------------------------------------------------------------------
                                                             Hours to                               Total cost
            Category              Number of   Policies to     draft       Cost per     Cost per       across
                                   agencies      revise     revisions       hour        agency       category
----------------------------------------------------------------------------------------------------------------
1..............................           16            5           40      $143.76   $28,752.00     $460,032.00
2..............................           32           15           80       143.76   172,512.00    5,520,384.00
3..............................          139            3           80       143.76    34,502.40    4,795,833.60
4..............................          139            0            0       143.76  ...........  ..............
                                --------------------------------------------------------------------------------
    Total......................  ...........  ...........  ...........  ...........  ...........    8,154,067.20
----------------------------------------------------------------------------------------------------------------

    Next, the Federal agencies will need to implement the draft 
revisions, which includes steps such as gaining approval from the 
appropriate authorities within the Federal agencies and issuing, if 
relevant, publicly available updates of the affected regulations, 
policies, and practices. OMB expects the majority of revisions to be to 
policies and practices, and for it to be rare that a regulation require 
revision. Finalizing revised policies and practices require far less 
procedures than regulations. Thus, OMB on average expects that 
finalizing the revisions of the regulations, policies, and practices to 
be 80 hours per regulation, policy, or practice. For this analysis, OMB 
assumes the same amount of time for all four categories of agencies 
because procedures to finalize revisions to regulations, policies, and 
practices should be relatively consistent across Federal agencies. To 
account for the differing levels of engagement within Federal agencies 
to approve the final revisions to regulations, policies, and practices, 
OMB is using an average hourly rate equivalent for a Senior Executive 
Service Level IV employee based in Washington, DC, which is $84.75. OMB 
assumes that the total dollar value of labor, which includes wages, 
benefits, and overhead, is equal to 200 percent of the wage rate, 
resulting in a value of $169.52 per hour. Using the number of 
regulations, policies, and practices that require revision from the 
previous analysis, the costs by category of agency are as follows:

[[Page 56733]]

    For category 1, the costs per agency are expected to be $67,808.00 
and across all of this category of agencies is expected to be 
$1,084,928.00.
    For category 2, the costs per agency are expected to be $203,424.00 
and across all of this category of agencies is expected to be 
$6,509,568.00.
    For category 3, the costs per agency are expected to be $40,684.80 
and across all of this category of agencies is expected to be 
$2,563,142.40.
    For category 4, the costs per agency are expected to be $0 and 
across all of this category of agencies is expected to be $0.

                                  Costs To Finalize and Issue Revised Policies
----------------------------------------------------------------------------------------------------------------
                                                            Hours to
                                 Number of   Policies to    finalize     Cost per     Cost per      Total cost
           Category               agencies      revise     and issue       hour        agency    across category
                                                           revisions
----------------------------------------------------------------------------------------------------------------
1.............................           16            5           80      $169.52   $67,808.00    $1,084,928.00
2.............................           32           15           80       169.52   203,424.00     6,509,568.00
3.............................           63            3           80       169.52    40,684.80     2,563,142.40
4.............................          189            0            0       169.52  ...........  ...............
                               ---------------------------------------------------------------------------------
    Total.....................  ...........  ...........  ...........  ...........  ...........    10,157,638.40
----------------------------------------------------------------------------------------------------------------

    Therefore, across the Federal Government, to review this regulation 
and review and revise regulations, policies, and practices as needed to 
meet the requirements of this regulation, the estimated costs total 
$21,083,398.40.

Estimated Costs of the Options Proposed for the Compliance Review

    This proposed regulation includes three options under consideration 
for ensuring compliance with this proposed regulation.
    For Option A: ICSP Peer Review Committee, the first step will be to 
establish a Peer Review Committee. This proposed regulation does not 
specify the structure of the Committee. To develop estimated costs, OMB 
is assuming that the Committee would include 8 agencies, half the 
number of current Recognized Statistical Agencies and Units. For this 
purpose, OMB is using an average hourly rate equivalent for a Senior 
Executive Service Level IV employee based in Washington, DC, which is 
$84.75. OMB assumes that the total dollar value of labor, which 
includes wages, benefits, and overhead, is equal to 200 percent of the 
wage rate, resulting in a value of $169.52 per hour. OMB uses this rate 
because it is likely that members of the Committee will be members of 
the ICSP, which is made up largely of Senior Executive Service 
employees. OMB estimates on average that each member would spend about 
96 hours per year dedicated to the startup and ongoing work of the 
Committee. Therefore, OMB estimates that this step will cost $16,273.92 
per agency and $130,191.36 across the full Committee.

                                   Annual Cost for ICSP Peer Review Committee
----------------------------------------------------------------------------------------------------------------
                                          Hours per year                     Annual cost per   Total annual cost
    Number of agencies (1 staff per        dedicated to     Cost per hour       agency to      of full committee
                agency)                   committee work                       participate       to participate
----------------------------------------------------------------------------------------------------------------
8.....................................                96          $169.52         $16,273.92        $130,191.36
----------------------------------------------------------------------------------------------------------------

    Then, OMB estimates costs by activity for each of the assessments 
across the 3-year timeframe. Over the 3-year timeframe, OMB expects all 
16 Recognized Statistical Agencies and Units to have an assessment and 
that on average time spent for each agency on this participation would 
be 640 hours. OMB expects this participation to be done on average by 
employees at a GS-14 Step 5 in the Washington, DC, region, which 
results in a cost of $143.76 per hour. This results in an expected 
average cost per agency of $92,006.40 and across all agencies of 
$1,472,102.40. In addition, OMB expects the 32 parent agencies in the 
reporting structure for Recognized Statistical Agencies and Units to 
participate in the assessment. Over the 3-year timeframe, on average 
OMB expects each to spend 320 hours participating in the assessment. 
OMB expects this participation to be done on average by employees at a 
GS-14 Step 5 in the Washington, DC, region, which results in a cost of 
$143.76 per hour. This results in an expected average cost per agency 
of $46,003.20 and across all agencies $1,472,102.40. Then, OMB expects 
all 16 Recognized Statistical Agencies and Units to publish a summary 
of findings on their website and estimates on average that publication 
to take 2 hours of time by an employee with a cost of $143.76 per hour. 
This results in expected costs of $286.52 per agency and $4,600.32 
across all agencies. For the next two activities, OMB is using an 
average hourly rate equivalent for a Senior Executive Service Level IV 
employee based in Washington, DC, which is $84.75. OMB assumes that the 
total dollar value of labor, which includes wages, benefits, and 
overhead, is equal to 200 percent of the wage rate, resulting in a 
value of $169.52 per hour. For the Chief Statistician Engagement 
activity, it is expected that all 16 Recognized Statistical Agencies 
and Units will need to participate and that on average each agency's 
engagement would require 8 hours of the time of the head of the 
Recognized Statistical Agency or Unit and 8 hours of time of the Chief 
Statistician of the United States for a total of 16 hours per agency. 
This engagement would only occur once per agency over the 3-year 
timeframe, and would cost $2,712.32 per agency and $43,397.12 across 
all agencies. Finally, the Committee will be required to do some 
additional work to govern the assessments in addition to their time 
doing Committee activities. OMB estimates on average that each of the 8 
Committee agencies would spend 4 hours per month governing assessments, 
which results in a total of 144 hours

[[Page 56734]]

across the 3-year timeframe. This results in an estimated cost of 
$24,410.88 per agency and $195,287.04 across the Committee agencies.

           Cost of ICSP Peer Review Committee Assessments of RSAU & Parent Agencies Over 3-Year Cycle
----------------------------------------------------------------------------------------------------------------
                                                          Hours per                   Cost per      Total cost
                Activity                   Number of    agency across  Cost of per   agency to      across all
                                            agencies       3 years         hour     participate      agencies
----------------------------------------------------------------------------------------------------------------
RSAU Participation in Assessment........           16             640      $143.76   $92,006.40    $1,472,102.40
Parent Agencies in Reporting Structure             32             320       143.76    46,003.20     1,472,102.40
 Participation in Assessment............
Publish Summary of Findings.............           16               2       143.76       287.52         4,600.32
Chief Statistician Engagement in                   16              16       169.52     2,712.32        43,397.12
 Deficiencies...........................
Committee Engagement to Govern                      8             144       169.52    24,410.88       195,287.04
 Assessments............................
----------------------------------------------------------------------------------------------------------------

    For Option B: Statistical Auditors Review, OMB estimates similar 
steps and estimates of time and costs as Option A. OMB similarly does 
not describe the structure of such a committee, and assumes 8 agencies 
would be on the committee for this purpose. OMB uses the higher 
employee cost of $169.52 for the committee time as well.

                                Annual Cost for CIGIE Statistical Audit Committee
----------------------------------------------------------------------------------------------------------------
                                          Hours per year                     Annual cost per   Total annual cost
    Number of agencies (1 staff per        dedicated to     Cost per hour       agency to      of full committee
                agency)                   committee work                       participate       to participate
----------------------------------------------------------------------------------------------------------------
8.....................................                96          $169.52         $16,273.92        $130,191.36
----------------------------------------------------------------------------------------------------------------

    Similarly, OMB breaks down this option by activity steps to 
determine estimated costs. OMB expects participation in the assessment, 
publishing a summary of findings, and Chief Statistician engagement to 
be the same estimated costs as Option A. OMB also estimates the 
additional time the CIGIE statistical auditors spend governing the 
assessments would be similar to the Option A estimates for the 
committee. The table below provides more details:

             Cost of CIGIE Committee Statistical Audits of RSAU & Parent Agencies Over 3-Year Cycle
----------------------------------------------------------------------------------------------------------------
                                                       Hours per                 Total cost per     Total cost
               Activity                 Number of    agency across    Cost per      agency to       across all
                                         agencies       3 years         hour       participate       agencies
----------------------------------------------------------------------------------------------------------------
RSAU Participation in Assessment.....           16             640      $143.76      $92,006.40    $1,472,102.40
Parent Agencies in Reporting                    32             320       143.76       46,003.20     1,472,102.40
 Structure Participation in
 Assessment..........................
Publish Summary of Findings..........           16               2       143.76          287.52         4,600.32
Chief Statistician Engagement in                16              16       169.52        2,712.32        43,397.12
 Deficiencies........................
CIGIE Statistical Auditors Committee             8             144       169.52       24,410.88       195,287.04
 Engagement in Addition to Committee
 Work................................
----------------------------------------------------------------------------------------------------------------

    For Option C: Inspectors General Review, OMB does not expect a 
committee to be formed, so there would be no associated costs. This is 
in contrast to both Options A and B. OMB does expect most of the 
activities to remain as similar time and cost estimates to Options A 
and B. The difference from Options A and B is in the last activity. 
Instead of the Committee (Option A) or the CIGIE Statistical Auditors 
(Option B) having additional work to govern the assessments, OMB 
expects inspectors general (IGs) to incur time and costs engaging for 
these assessments. OMB estimates that over the 3-year timeframe all 16 
separate assessments will need to occur and for each IGs will spend on 
average 216 hours across the 3 years. Thus, OMB expects for this 
activity the cost per agency to be $36,616.32 and across all agencies 
to be $585,861.12.

----------------------------------------------------------------------------------------------------------------
                                                       Hours per                 Total cost per     Total cost
               Activity                 Number of    agency across    Cost per      agency to       across all
                                         agencies       3 years         hour       participate       agencies
----------------------------------------------------------------------------------------------------------------
RSAU participation in assessment.....           16             640      $143.76      $92,006.40    $1,472,102.40
Parent Agencies in Reporting                    32             320       143.76       46,003.20     1,472,102.40
 Structure Participation in
 Assessment..........................
Publish Summary of Findings..........           16               2       143.76          287.52         4,600.32
Chief Statistician Engagement in                16              16       169.52        2,712.32        43,397.12
 Deficiencies........................
IG Engagement........................           16             216       169.52       36,616.32       585,861.12
----------------------------------------------------------------------------------------------------------------


[[Page 56735]]

    In sum, OMB expects Options A and B to have similar estimated costs 
to the Government at $3,317,680.64. OMB expects Option C to cost 
$3,578,063.36.

Regulatory Alternatives

    For the most part, the changes reflected in OMB's proposed 
implementing regulations are required by statute and cannot be avoided 
or further simplified. Some regulatory alternatives include:
    (1) Handling compliance review. OMB details three options for 
proposed compliance review requirements. Each of these options 
leverages different expertise and has different costs. Another option 
is to completely remove this compliance review from the regulation. 
Having the ICSP Peer Review Committee perform the compliance review 
provides for those most familiar with statistical laws to assess the 
compliance with this statistical regulation. However, this may 
influence the results of the assessments to lean more on whether parent 
agencies are in compliance than whether Recognized Statistical Agencies 
or Units are in compliance. Having a group of CIGIE statistical 
auditors do this assessment for compliance removes either set of 
agencies subject to this regulation from being part of the assessment. 
There is risk, however, at least in the early years after the effective 
date of this regulation, that these CIGIE statistical auditors may not 
be familiar enough with statistical laws to perform the assessments 
with a high degree of accuracy. This risk decreases over time as this 
group of auditors becomes more familiar with the statistical laws and 
develops standard assessment procedures. Having the IGs do this 
assessment for compliance also removes the possibility that an agency 
subject to this regulation could be part of the assessment. However, 
this approach does not provide a mechanism for IGs to develop a 
standard assessment practice over time and means the risk of IGs not 
being familiar enough with statistical laws remains a risk over time as 
well. Removing the compliance review aspect of this regulation would 
reduce the costs of this regulation; however, this would also remove 
the ability of the Chief Statistician of the United States to assess 
governmentwide implementation of this regulation. It would also remove 
the ability of the public to see where Recognized Statistical Agencies 
and Units are complying with this regulation and where improvements are 
needed. This poses a risk to the trust of the public in the work of the 
Recognized Statistical Agencies and Units, which undermines the intent 
of this regulation.
    (2) Changing timeline for agencies to revise regulations, policies, 
and practices. Currently, this regulation proposes for these revisions 
to occur within 1 year of the effective date of this regulation. 
However, this timeline could be extended to 2 years, which would 
decrease the annual costs detailed in the prior section and spread 
those costs over 2 years instead of 1. An extended timeline would 
further exacerbate the timeline to realize the full potential of the 
Evidence Act, and risk the public's trust in the work of the Federal 
Statistical System. Speeding up the timeline would likely be infeasible 
given the resources required to implement the regulation's 
requirements.
    (3) Preventing unauthorized disclosure of confidential statistical 
data. The proposed regulation offers specific provisions to prevent 
unauthorized disclosure of confidential statistical data, but offers a 
broader alternative approach that provides for overarching authority 
and responsibility for the Recognized Statistical Agency or Unit for 
all access to confidential statistical data. Each approach meets the 
requirements of the Evidence Act.

Benefits

    These proposed regulations promote trust in the work of Recognized 
Statistical Agencies and Units, which ultimately promotes trust in the 
data used by policymakers to inform their decisions. Any loss of trust 
in the accuracy, objectivity, or integrity of the Federal Statistical 
System and its statistical products has the potential to cause 
uncertainty about the validity of measures the Nation uses to monitor 
and assess its performance, progress, and needs, as well as undermine 
the public's confidence in the information released by the Government. 
In addition, these proposed regulations provide transparency and 
clarity to parent agencies and the public alike about how best a parent 
agency can enable, support, and facilitate the work of Recognized 
Statistical Agencies and Units.
    The compliance review is a tool to ensure Recognized Statistical 
Agencies and Units and parent agencies are accountable to the 
provisions of this proposed regulation. This means that the compliance 
review enhances the benefits of the rest of the regulation. Each option 
offers a different approach, but the resulting benefits of each should 
be the same.
    OMB seeks public comment on additional benefits of these proposed 
regulations.

G. Regulatory Procedures

Executive Order 12866, ``Regulatory Planning and Review'' and Executive 
Order 13563, ``Improving Regulation and Regulatory Review''

    Executive Orders 12866 and 13563 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distribute impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This proposed rule is a significant regulatory action 
under E.O. 12866.

Public Law 104-4, ``Unfunded Mandates Reform Act'' (2 U.S.C. 1501-1571)

    This proposed rule is not subject to the Unfunded Mandates Reform 
Act because it does not contain a Federal mandate that may result in 
the expenditure by state, local, and Tribal governments, in the 
aggregate, or by the private sector, of $100M or more in any one year.

Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601-612)

    The Director of the Office of Management and Budget has certified 
that this proposed rule is not subject to the Regulatory Flexibility 
Act because it does not have a significant economic impact on a 
substantial number of small entities. The proposed rule implements the 
fundamental responsibilities for statistical agencies and units and 
requires other Federal agencies to support, enable, and facilitate 
statistical agencies and units in meeting their fundamental 
responsibilities. Thus, the proposed rule would have no direct effect 
on non-governmental entities, including small businesses.

Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. 3501-3520)

    This proposed rule does not impose reporting or recordkeeping 
requirements under the Paperwork Reduction Act of 1995 (PRA). However, 
if in accordance with any of the requirements proposed in this rule an 
agency were to determine a need to implement a reporting or 
recordkeeping requirement subject to the PRA, the agency should, on 
their own accord, comply with the requirements of the PRA.

[[Page 56736]]

Executive Order 13132, ``Federalism''

    Executive Order 13132 establishes certain requirements that an 
agency must meet when it promulgates a rule that imposes substantial 
direct requirement costs on state and local governments, preempts state 
law, or otherwise has federalism implications. This proposed rule will 
not have a substantial effect on state and local governments, or 
otherwise have federalism implications.

List of Subjects in 5 CFR Part 1321

    Statistics.

    For the reasons stated in the preamble, the Office of Management 
and Budget proposes to amend 5 CFR chapter III, subchapter B by adding 
part 1321 to read as follows:

PART 1321--RESPONSIBILITIES OF RECOGNIZED STATISTICAL AGENCIES AND 
UNITS

Sec.
1321.1 Purpose.
1321.2 Definitions.
1321.3 General provisions.
1321.4 The four fundamental responsibilities.
1321.5 Relevance and timeliness.
1321.6 Credibility and accuracy.
1321.7 Objectivity.
1321.8 Confidentiality.
1321.9 Compliance review.

    Authority:  44 U.S.C. 3563.


Sec.  1321.1   Purpose.

    This part is issued under the authority of the Budget and 
Accounting Procedures Act of 1950,\1\ the Paperwork Reduction Act of 
1995,\2\ the Information Quality Act,\3\ and title III of the 
Foundations for Evidence-Based Policymaking Act, also known as the 
Confidential Information Protection and Statistical Efficiency Act of 
2018 (CIPSEA 2018).\4\ The Office of Management and Budget (OMB), in 
its role as coordinator of the Federal Statistical System under the 
Paperwork Reduction Act, is required to ensure the efficiency and 
effectiveness of the system, as well as the integrity, objectivity, 
impartiality, utility, and confidentiality of information collected 
and/or used for statistical purposes. This part is issued to meet the 
requirements under 44 U.S.C. 3563(c) and to strengthen and support the 
quality of Federal statistical information.
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    \1\ 31 U.S.C. 1104(d).
    \2\ 44 U.S.C. 3504.
    \3\ Information Quality Act, Treasury and General Government 
Appropriations Act for Fiscal Year 2001, sec. 515, Public Law 106-
554, 114 Stat. 2763A-154 (2000).
    \4\ 44 U.S.C. 3561-3583.
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Sec.  1321.2   Definitions.

    For purposes of implementing 5 U.S.C. 314 and all of title III of 
the Evidence Act the following terms, as used in this part, are defined 
as follows:
    (a) The term accurate, when used with respect to statistical 
activities, means statistics are correct and consistently match the 
events and trends being measured.
    (b) The term agency means any entity that falls within the 
definition of the term executive agency, as defined in 31 U.S.C. 102, 
or agency, as defined in 44 U.S.C. 3502.
    (c) The term confidentiality means a quality or condition accorded 
to information as an obligation not to disclose that information to an 
unauthorized party.
    (d) The term confidential statistical data means any information 
that is acquired for exclusively statistical purposes and under an 
obligation not to disclose the information to an unauthorized party.
    (e) The term data users denotes individuals or groups of 
individuals who use Federal statistical information.
    (f) The term dissemination means the government-initiated 
distribution of information to a nongovernment entity, including the 
public. The term dissemination, does not include distribution limited 
to Federal Government employees, intra-agency or interagency use or 
sharing of Federal information, or responses to requests for agency 
records under the Freedom of Information Act (5 U.S.C. 552) or the 
Privacy Act (5 U.S.C. 552a).
    (g) The term equitable access means that statistical products are 
disseminated in a manner that does not privilege any one person or 
group over another, with exceptions only as provided in other statutes, 
or regulations, or Office of Management and Budget promulgated policies 
or guidance promulgated by the Office of Management and Budget.
    (h) The term fundamental responsibilities means the 
responsibilities of Recognized Statistical Agencies and Units listed in 
44 U.S.C. 3563(a)(1).
    (i) The term identifiable form means any representation of 
information that permits the identity of the individual or entity to 
whom the information applies to be reasonably inferred by either direct 
or indirect means.
    (j) The term information provider denotes members of the public; 
other agencies of the Federal Government; and organizations outside of 
the Federal Government, such as State, territorial, Tribal, and local 
governments, businesses, and other organizations or entities, that 
provide information to a Recognized Statistical Agency or Unit.
    (k) The term information means 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. This definition includes information that an agency disseminates 
from a web page, but does not include the provision of hyperlinks to 
information that others disseminate. This definition 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.
    (l) The term information system means a discrete set of information 
resources organized for the collection, processing, maintenance, use, 
sharing, dissemination, or disposition of information;
    (m) The term integrity, when used with respect to statistical 
information, refers to the quality of information that is protected 
against improper modification or destruction, and includes ensuring 
information nonrepudiation and authenticity.
    (n) The term nonstatistical purpose:
    (1) Means the use of data in identifiable form for any purpose that 
is not a statistical purpose, including any administrative, regulatory, 
law enforcement, adjudicatory, or other purpose that affects the 
rights, privileges, or benefits of a particular identifiable 
respondent; and
    (2) Includes the disclosure under 5 U.S.C. 552 of data that are 
acquired for exclusively statistical purposes under an obligation of 
confidentiality.
    (o) The term objective, when used with respect to statistical 
activities, means accurate, clear, complete, and unbiased.
    (p) The term parent agency means each agency and every 
organizational level within the agency, including sub-agencies, 
offices, components, or units within the agency, as well as the highest 
organizational level of such agency and excluding the Recognized 
Statistical Agency or Unit in any agency with more than one Recognized 
Statistical Agency or Unit, each Recognized Statistical Agency or Unit 
is considered a parent agency to any other Recognized Statistical 
Agency or Unit. This term is meant to apply to the full organizational 
structure.
    (q) The term Recognized Statistical Agency or Unit (also referred 
to as statistical agency or unit) means an agency or organizational 
unit of the

[[Page 56737]]

executive branch whose activities are predominantly the creation or 
collection, processing, dissemination, use, storage, and disposition of 
data for statistical purposes, as designated by the Director of the 
Office of Management and Budget under 44 U.S.C. 3562.
    (r) The term reference date is the time period to which data refer.
    (s) The term relevant, when used with respect to statistical 
information, means processes, activities, and other such matters likely 
to be useful to policymakers and public and private sector data users.
    (t) The term respondent means a person who, or organization that, 
is requested or required to supply information to an agency, is the 
subject of information requested or required to be supplied to an 
agency, or provides that information to an agency.
    (u) The term statistical activities:
    (1) Means the collection, compilation, processing, or analysis of 
data for the purpose of describing or making estimates concerning the 
whole, or relevant groups or components within the economy, society, or 
the natural environment, and
    (2) Includes the development of methods or resources that support 
those activities, such as measurement methods, models, statistical 
classifications, or sampling frames.
    (v) The term statistical information means information produced 
from statistical activities.
    (w) The term statistical laws means 44 U.S.C. chapter 35, 
subchapter III, and other laws pertaining to the protection of 
information collected for statistical purposes as designated by the 
Director of the Office of Management and Budget.
    (x) The term statistical press release is an announcement to media 
of a statistical product release that contains the title, subject 
matter, release date, and internet address of, and other available 
information about the statistical product, as well as the name of the 
statistical agency issuing the product, and may include any executive 
summary information or key findings section as shown in the statistical 
product. A statistical press release must provide a policy neutral 
description of the data and may not include policy pronouncements.
    (y) The term statistical products refers to information 
dissemination products that are published or otherwise made available 
for public use that describe, estimate, forecast, or analyze the 
characteristics of groups, customarily without identifying the persons, 
organizations, or individual data observations that comprise such 
groups. Statistical products include general-purpose tabulations, 
analyses, projections, forecasts, or other statistical reports. 
Statistical products include products of any form, including both 
printed and electronic forms.
    (z) The term statistical purpose:
    (1) Means the description, estimation, or analysis of the 
characteristics of groups, without identifying the individuals or 
organizations that comprise such groups, and
    (2) Includes the development, implementation, or maintenance of 
methods, technical or administrative procedures, or information 
resources that support the purposes described in paragraph (z)(1) of 
this section.
    (aa) The term support function means a core function of an agency 
that supports the programmatic functions in achieving the agency's 
mission, including legal, human resources, communications, legislative 
affairs, budget, information technology (IT), or procurement functions.
    (bb) The term timeliness or timely refers to the dissemination of 
statistical products and information at their scheduled release time, 
or in instances where there is no scheduled release time, the 
dissemination of statistical products or information as close to the 
event being measured as possible.
    (cc) The term transparent means characterized by providing as much 
information about the quality of and methods used to produce 
statistical products as practicable without compromising 
confidentiality.


Sec.  1321.3   General provisions.

    (a) This part should be read as complimentary to existing OMB 
guidance or Statistical Policy Directives to the extent they are 
consistent. This part supersedes any Statistical Policy Directives in 
effect [EFFECTIVE DATE OF FINAL RULE], to the extent that they 
conflict.
    (b) Responsibilities assigned to the Recognized Statistical 
Agencies and Units under this part are ultimately the responsibility of 
the head of the Recognized Statistical Agency or Unit, or their 
designee, unless otherwise specified.
    (c) Responsibilities assigned to a parent agency under this part 
are ultimately the responsibility of the head of the agency, or their 
designee, unless otherwise specified.
    (d) To the extent that a parent agency or Recognized Statistical 
Agency or Unit determines that it is either appropriate or necessary to 
deviate from a standard parent agency-level process to ensure 
compliance with this part, the parent agency and the Recognized 
Statistical Agency or Unit shall discuss and determine the 
appropriateness of how to address such deviation, including determining 
where responsibility lies for compliance with other applicable laws and 
regulations.


Sec.  1321.4   The four fundamental responsibilities.

    (a) Recognized Statistical Agencies and Units are charged with the 
four fundamental responsibilities. Parent agencies are directed to 
enable, support, and facilitate Recognized Statistical Agencies and 
Units in carrying out the four fundamental responsibilities.
    (b) Each Recognized Statistical Agency or Unit shall maintain a 
website clearly branded with the name of the Recognized Statistical 
Agency or Unit to provide information to information providers, data 
users, and the general public.
    (1) The head of each parent agency shall ensure its Recognized 
Statistical Agency or Unit has:
    (i) Sufficient resources to develop and maintain its website;
    (ii) The necessary authority and autonomy to determine the content, 
functionality, appearance, and layout of its website; and
    (iii) The capacity to directly update the content, functionality, 
appearance, and layout of the website without reliance on any parent 
agency official unless the official is directly assigned to the 
Recognized Statistical Agency or Unit.
    (2) Each Recognized Statistical Agency or Unit shall make available 
to the public on the website required under this paragraph (b):
    (i) A mission statement that clearly describes the purpose of the 
Recognized Statistical Agency's or Unit's statistical programs and 
their commitment to each of the four fundamental responsibilities;
    (ii) A strategic plan that is consistent with the requirements in 5 
U.S.C. 306, which:
    (A) Describes the Recognized Statistical Agency's or Unit's goals 
and provides specific, measurable objectives and performance metrics; 
and
    (B) Is reassessed no less than every four years alongside and in 
alignment with the parent agency's strategic plans;
    (iii) A list of relevant legislation, regulation, and policies or 
management orders, including those defining organizational placement, 
that govern the Recognized Statistical Agency's or Unit's ability to 
maintain its commitment to these four fundamental responsibilities;
    (iv) Each policy or standard required under this part; and

[[Page 56738]]

    (v) Any other information as determined by the head of the 
Recognized Statistical Agency or Unit.
    (c) For the heads of Recognized Statistical Agencies and Units to 
bear the responsibilities given to them under 44 U.S.C. 3563, they 
shall have the appropriate resources with respect to their statistical 
products and statistical information.
    (1) Each Recognized Statistical Agency or Unit shall produce a 
budget request specific to the Recognized Statistical Agency or Unit, 
that is fully compliant with the requirements of OMB Circular A-11, to 
be included independently (i.e., clearly presented as the request for 
the Recognized Statistical Agency or Unit with figures and 
justification specific to the Recognized Statistical Agency or Unit) as 
part of the highest organizational unit's annual budget submission and 
process, and participate directly, accompanied by the highest 
organizational unit as appropriate, in presenting their agency specific 
request to the Office of Management and Budget;
    (2) If a parent agency or a Recognized Statistical Agency or Unit 
identifies (e.g., through the agency capacity assessment or other 
means) that the Recognized Statistical Agency or Unit lacks sufficient 
resources to carry out the responsibilities set forth in this part, 
then, to the extent practicable, the parent agency that contains that 
Recognized Statistical Agency or Unit, should be made the necessary 
resources available to the Recognized Statistical Agency or Unit. If 
the necessary resources cannot be made available, the parent agency and 
the Recognized Statistical Agency or Unit must notify OMB within 60 
days.
    (3) When a Recognized Statistical Agency or Unit relies on a 
support function of the parent agency:
    (i) The Recognized Statistical Agency or Unit shall, to the 
greatest extent possible, allocate labor resources to ensure a one or 
more employees, depending on the size of the Recognized Statistical 
Agency or Unit, are knowledgeable of the support function, its policies 
and processes, and best practices for interacting with such support 
function.
    (ii) The parent agency shall:
    (A) Designate at least one employee of each support function to 
serve as a liaison for the Recognized Statistical Agency and Unit; and
    (B) Ensure each designated employee is knowledgeable of the 
Recognized Statistical Agency or Unit and its fundamental 
responsibilities and is capable of effective intra-agency 
communication.
    (iii) The parent agency's support function and the Recognized 
Statistical Agency or Unit shall work collaboratively to ensure the 
function meets the needs of the Recognized Statistical Agency or Unit 
in a manner to that complies with this part and all applicable laws.

Option A for Paragraph (c)(4)

    (4)(i) Each parent agency shall when providing any service to a 
Recognized Statistical Agency or Unit, enter into a written agreement 
if requested by the Recognized Statistical Agency or Unit, and provide 
the service in conformance with agreed upon requirements. If unable to 
meet those requirements, permit the Recognized Statistical Agency or 
Unit to obtain (via contracts, other agreements, or hiring) and to 
directly oversee any support services required to fulfill their 
statistical mission and responsibilities.
    (ii) Each Recognized Statistical Agency or Unit shall explicitly 
define requirements needed to uphold these responsibilities for any 
service provided by another agency or entity, such as centralized IT, 
contracting, or acquisitions services. If needed, document these 
requirements within service-level agreements with the agencies and 
organizations that provide those services. To meet this requirement, 
Recognized Statistical Agency or Units shall interact directly with all 
appropriate officials within the parent agency who are officially 
responsible for and have expertise in acquisition planning and 
contracting, including Contracting Officers.
    (iii) Each parent agency shall consult with Recognized Statistical 
Agencies and Units before making awards for services and software that 
would impact Recognized Statistical Agencies and Units to avoid binding 
actions and decisions that would conflict with the Recognized 
Statistical Agency's or Unit's ability to carry out its 
responsibilities.

Option B for Paragraph (c)(4)

    (4) Prior to making or renewing an award for services or software 
that will directly affect a Recognized Statistical Agency or Unit's 
ability to meet the fundamental responsibilities, the relevant parent 
agency official shall consult with the head of the Recognized 
Statistical Agency or Unit to avoid binding actions and decisions that 
would conflict with the Recognized Statistical Agency or Unit's ability 
to carry out its fundamental responsibilities.
    (i) The relevant parent agency official shall ensure that the 
service or software is sufficient for the Recognized Statistical Agency 
or Unit to meet its requirement to carry out its fundamental 
responsibilities. The head of the Recognized Statistical Agency or Unit 
shall clearly communicate the needs of the Recognized Statistical 
Agency or Unit to meet its requirement to carry out its fundamental 
responsibilities. If requested by the relevant parent agency official, 
the head of the Recognized Statistical Agency or Unit shall provide a 
written list explicitly defining the requirements needed of the service 
or software to meet its requirement to carry out its fundamental 
responsibilities.
    (ii) If requested by the head of the Recognized Statistical Agency 
or Unit, the head of the Recognized Statistical Agency or Unit and the 
head of the office providing the service or software shall enter into a 
written agreement, and the parent agency shall provide the service or 
software in accordance with such agreement.
    (iii) The Recognized Statistical Agency or Unit may obtain the 
service or software separately from the parent agency if:
    (A) They are unable to reach an agreement; or
    (B) At any point in time, the parent agency is unable to provide 
the service or software in accordance with the agreement.
    (iv) If the Recognized Statistical Agency or Unit determines it is 
necessary to obtain services or software separately from the parent 
agency, the Recognized Statistical Agency or Unit shall notify the head 
of the agency. The head of the agency shall make necessary resources 
available or notify OMB pursuant paragraph (c)(2) of this section.
    (d) For the heads of Recognized Statistical Agencies and Units to 
bear the responsibilities given to them under 44 U.S.C. 3563, they 
shall have the appropriate decision-making authority with respect to 
their statistical products, statistical information, and statistical 
activities.
    (1) Unless prohibited by statute, when a statute, regulation, or 
policy, authorizes any other agency official to make determinations 
directly affecting the ability of a Recognized Statistical Agencies or 
Unit to carry out the fundamental responsibilities, the authorized 
official may delegate that responsibility in writing to the head of the 
Recognized Statistical Agency or Unit.
    (2) To the extent permissible under law, the individual to whom a 
responsibility has been delegated under paragraph (d)(1) of this 
section shall

[[Page 56739]]

consult with the delegating official in carrying out such 
responsibility.
    (3) If the Recognized Statistical Agency or Unit determines that 
delegation is necessary to carry out its fundamental responsibilities, 
the Recognized Statistical Agency or Unit shall notify the head of the 
parent agency.
    (4) In making a determination regarding delegation under this 
paragraph (d), the head of the parent agency shall:
    (i) Consider the needs of the Recognized Statistical Agency or Unit 
and ensure it has all necessary and appropriate authority to carry out 
its fundamental responsibilities; and
    (ii) Ensure the decision is consistent with the government-wide 
application and interpretation of statistical laws and may consult with 
the Chief Statistician of the United States.
    (e) In consultation with the Recognized Statistical Agency or Unit, 
each parent agency shall:
    (1) Consistent with statutory obligations, revise any regulations, 
policies, practices or organizational structures that impede a 
Recognized Statistical Agency's or Unit's ability to meet its statutory 
responsibilities;
    (2) Consider these responsibilities when new regulations, policies, 
practices, organizational structures, or budgets are developed; and
    (3) Ensure that agency regulations, policies, practices, and 
agreements support the ability of Recognized Statistical Agencies and 
Units to:
    (i) Present and maintain accurate information;
    (ii) Make timely corrections or updates to their statistical 
products or data when the Recognized Statistical Agency or Unit 
determine such updates are needed; and
    (iii) Meet its responsibility for producing relevant and timely 
statistical products.
    (f) The Office of Management and Budget shall implement its 
authorities and responsibilities under 44 U.S.C. chapter 35 in a manner 
that enables, supports, and facilitates Recognized Statistical Agencies 
and Units in carrying out their fundamental responsibilities in a 
manner consistent with this part. This shall include delegating the 
following responsibilities to the Chief Statistician of the United 
States appointed under 44 U.S.C. 3504(e)(7):
    (1) The review and approval of proposed collections of information 
submitted to the Office of Management and Budget by Recognized 
Statistical Agencies and Units;
    (2) The authority to perform the functions described in 44 U.S.C. 
3504(e);
    (3) The coordination and oversight of confidentiality and 
disclosure policies established in 44 U.S.C. 3562; and
    (4) The authority to carry out any of the functions or 
responsibilities in the regulations in this part or policies 
promulgated under 44 U.S.C. chapter 35, subchapter III.


Sec.  1321.5   Relevance and timeliness.

    (a) Recognized Statistical Agencies and Units shall uphold the 
responsibility to produce and disseminate relevant and timely 
statistical information. Parent agencies shall enable, support, and 
facilitate Recognized Statistical Agencies and Units in carrying out 
their responsibility to produce and disseminate relevant and timely 
statistical information. Recognized Statistical Agencies and Units 
shall determine what statistical products to disseminate, including in 
the context of the Standard Application Process required under 44 
U.S.C. 3583; the content of their statistical products; and the timing 
of disseminations.
    (b) Each Recognized Statistical Agency or Unit shall continually 
seek to understand the diverse interests and needs of policymakers, 
current and future data users, and the public to ensure statistical 
products are relevant.
    (1) Recognized Statistical Agencies and Units shall:
    (i) Consult with parent agency officials to assess and seek 
improvements to the relevance of its statistical products to users' 
needs and to inform what statistical products to produce and 
disseminate;
    (ii) Consult with other data users to assess and seek improvements 
to the relevance of its statistical products to users' needs and to 
inform what statistical products to produce and disseminate;
    (iii) Be knowledgeable about programs and policies relating to 
their subject domains;
    (iv) Coordinate and communicate across agencies when planning 
information collections and dissemination activities; and
    (v) Keep abreast of interests and analytical goals of data users.
    (2) Parent Agencies shall:
    (i) Share relevant policy and program needs with sufficient detail 
to allow the Recognized Statistical Agency or Unit to be responsive to 
those needs;
    (ii) Consult with Recognized Statistical Agencies or Units as part 
of their stakeholder engagement process when developing the agency 
learning agendas, required under 5 U.S.C. 312, in alignment with OMB 
guidance; and
    (iii) Allow Recognized Statistical Agencies or Units to establish, 
determine the membership of, and manage advisory groups or other means 
of systematic stakeholder engagement, in accordance with applicable 
law.
    (c) Recognized Statistical Agencies and Units shall maximize the 
timeliness of statistical products by minimizing the time interval 
between the release of statistical products and the reference date to 
the extent practicable, considering available resources and the effects 
on the other quality dimensions of the information products. Recognized 
Statistical Agencies and Units shall consult with parent agencies 
regarding the availability of relevant support functions required to 
support the release of statistical products. Parent agencies shall 
support efforts to maximize timeliness of statistical products by 
ensuring Recognized Statistical Agencies and Units are aware of any 
emerging needs and providing necessary resources to respond to such 
emerging need. In any instance where a parent agency observes that a 
Recognized Statistical Agency or Unit has failed to maximize the 
timeliness of statistical products by minimizing the interval between 
the release of the statistical products and the reference date to the 
extent practicable, the head of the parent agency shall notify the 
Chief Statistician of the United States.
    (d) Recognized Statistical Agencies and Units shall publicly 
announce and adhere to a schedule for the release of statistical 
products.
    (1) Recognized Statistical Agencies and Units shall:
    (i) Publish the schedule on the website required under Sec.  
1321.4;
    (ii) Publish schedules containing the date of release of its 
regular and recurring statistical products for the next calendar year 
prior to the beginning of that calendar year;
    (iii) Publish the date for release of non-regular or non-recurring 
statistical products as soon as the date is established;
    (iv) Designate an office that is responsible for providing the 
release schedule and make its contact information readily available to 
the public on the website required under Sec.  1321.4;
    (v) Minimize changes to the release schedule after it has been 
published to accommodate only special, unforeseen circumstances; and
    (vi) If needed after the schedule has been published, publicly 
announce any change to the schedule as soon as possible and provide a 
detailed explanation for such change.

[[Page 56740]]

    (2) Each parent agency shall support adherence to the published 
schedule by:
    (i) Communicating any parent agency activities or processes that 
could impact the timing of dissemination activities to Recognized 
Statistical Agencies or Units before the schedule is published; and
    (ii) If involved in dissemination activities, preparing for 
dissemination of statistical products in accordance with the published 
schedule.


Sec.  1321.6   Credibility and accuracy.

    (a) Recognized Statistical Agencies and Units shall uphold the 
responsibility to conduct credible and accurate statistical activities. 
Recognized Statistical Agencies and Units shall determine the 
appropriate methods, processes, policies, and general conduct of their 
statistical activities. Each Recognized Statistical Agency or Unit 
shall:
    (1) Maintain publicly available policies and standards on the 
quality of the information used by the Recognized Statistical Agencies 
and Units and statistical products they disseminate, by:
    (i) Developing and making available to the public policies and 
standards to ensure the credibility and accuracy of all statistical 
products and data disseminated by the Recognized Statistical Agency or 
Unit;
    (ii) Regularly reviewing, maintaining, and improving the policies 
in paragraph (a)(1)(i) of this section and the methods used to 
implement them to ensure they are current and effective; and
    (iii) Establishing policies and procedures, in consultation with 
the parent agency's Chief Data Officer and Evaluation Officer, for 
assessing the quality of data used by the Recognized Statistical 
Agencies and Units not originating in the Recognized Statistical 
Agencies and Units;
    (2) Publicly provide documentation for its statistical products, 
including:
    (i) Descriptions of methods and procedures used in collection 
design, collecting, methods, data processing, editing, compiling, 
storing, analyzing, and disseminating information to users, as 
applicable;
    (ii) Indicators of data quality sufficient to allow data users to 
assess the fitness of the data for their own purposes;
    (iii) Descriptions of known limitations or sources of error in the 
data;
    (iv) Citation to source materials where feasible; and
    (v) Identification of errors in the statistical products discovered 
after their release;
    (3) Ensure that Recognized Statistical Agency or Unit lifecycle 
data management practices adhere to all applicable statutes, and 
standards and guidance issued by the Office of Management and Budget; 
and
    (4) Adhere to all applicable statutes and current Office of 
Management and Budget peer review policies when submitting articles to 
refereed journals, presenting at professional conferences, and engaging 
in peer review activities, including OMB M-05-03: Final Information 
Quality Bulletin for Peer Review and any successor policies.
    (b) Parent agencies shall enable, support, and facilitate the 
Recognized Statistical Agencies and Units in carrying out their 
responsibility to conduct credible and accurate statistical activities. 
Each parent agency shall:
    (1) Ensure Recognized Statistical Agencies and Units have 
sufficient autonomy to maintain their own standards for the quality of 
the data used and the statistical information they produce and to 
determine whether their statistical products are of sufficient quality 
for dissemination. Unless prohibited by statute, when a statute, 
regulation, or policy authorizes any other agency official to make such 
determinations, that responsibility shall be delegated to the head of 
the Recognized Statistical Agency or Unit;
    (2) Prohibit its employees, contractors, and agents, other than 
those designated by the releasing Recognized Statistical Agency or Unit 
head, from publicly commenting on any data released by the associated 
Recognized Statistical Agencies and Units until after the official 
release of the data;
    (3) Permit Recognized Statistical Agencies and Units to determine 
if statistical disseminations, including related statistical press 
releases or publicity materials not containing policy pronouncements, 
are to be disseminated by or through a parent agency and ensure that 
statistical information attributable to the Recognized Statistical 
Agency or Unit disseminated by or through a parent agency is not 
altered in any way not authorized by the head of such Recognized 
Statistical Agency or Unit; and
    (4) Allow Recognized Statistical Agencies and Units to submit 
articles that do not address policy, management, or budget issues to 
refereed journals, present at professional conferences, and engage in 
peer review activities without requiring approval from outside of the 
Recognized Statistical Agency or Unit, unless such approval is required 
by law.
    (i) For parent agency support function reviews of a Recognized 
Statistical Agency or Unit, such as ethics reviews, the parent agency 
shall either:
    (A) Assign support function personnel that will conduct these 
reviews to report to the head of the Recognized Statistical Agency or 
Unit; or
    (B) Ensure that the support function personnel conducting the 
review works with the liaison designated in Sec.  1321.4 to provide 
sufficient information and advice, including a recommendation if 
appropriate, to the head of the Recognized Statistical Agency or Unit 
so that such head may make an informed decision regarding approval.
    (ii) The head of the Recognized Statistical Agency or Unit shall 
ensure all statutory requirements, such as ethics, continue to be met.


Sec.  1321.7   Objectivity.

    (a) Recognized Statistical Agencies and Units shall uphold the 
responsibility to conduct objective statistical activities. In 
fulfillment of this responsibility, Recognized Statistical Agencies and 
Units shall determine the policies and practices that ensure 
objectivity of their statistical activities, including ensuring 
objectivity and equitable access to the statistical products they 
disseminate. Each Recognized Statistical Agency or Unit shall:
    (1) Produce statistical products that are impartial and free from 
undue influence and the appearance of undue influence, by:
    (i) Employing transparent and reproducible methods and processes in 
producing statistical products, to the extent feasible and consistent 
with the protection of confidential statistical data;
    (ii) Impartially disseminating statistical products in a clear and 
complete manner, without limitation or selection to promote a 
particular policy position or group interest;
    (iii) Announcing dissemination activities in a manner designed to 
be factual, comprehensive, accurate, easily understood by the public, 
and without favor to a particular policy position or group interest, 
such as through statistical press releases or on the Recognized 
Statistical Agency's or Unit's website; and
    (2) Ensure data users have equitable access to its statistical 
products, by:
    (i) Making public releases available to all data users at the same 
time, with limited exceptions as allowable in OMB Statistical Policy 
Directives, in accordance with the scheduled release date; and
    (ii) Disseminating and making available to the public free of 
charge any statistical product deemed suitable for public dissemination 
that has been provided to any other data user. For

[[Page 56741]]

confidential statistical data that are not deemed suitable for public 
dissemination, ensuring policies and procedures for granting access are 
applied consistently, in accordance with statute, and regulation and 
guidance issued by the Office of Management and Budget to implement 44 
U.S.C. 3582 and 3583, or other applicable authorities, that govern 
access to confidential statistical data;
    (3) Determine the necessary qualifications and allocate available 
labor resources among different job positions supporting the Recognized 
Statistical Agency or Unit's lifecycle data management (e.g., 
economists, statisticians, data scientists, IT specialists, and other 
subject matter experts) and evaluate candidates based on assessments of 
scientific and technical knowledge, credentials, experience, and 
integrity; and
    (4) Maintain functional separation from any administrative, 
regulatory, law enforcement, and policymaking functions at any parent 
agency or at the Recognized Statistical Agency or Unit by maintaining 
exclusive authority with the Recognized Statistical Agency or Unit for 
granting access to its confidential statistical data and the 
information systems that hold confidential statistical data in 
accordance with this section and applicable law and policy.
    (b) Parent agencies shall enable, support, and facilitate the 
Recognized Statistical Agencies and Units in carrying out their 
responsibility to conduct objective statistical activities. Each parent 
agency shall:
    (1) Allow the publication of statistical products without requiring 
clearance of the content from offices or officials outside of the 
Recognized Statistical Agency or Unit, and allow Recognized Statistical 
Agencies and Units to respond to inquiries from external interested 
communities and stakeholders, including the media, the Congress, and 
others, about their statistical products in a manner that ensures 
appropriate consultation without the parent agency requiring review, 
approval, or edits to the response, unless responses to those inquiries 
include matters related to policy, budget, or management;
    (2) Support the impartiality of Recognized Statistical Agencies and 
Units in their production and dissemination of statistical products by 
ensuring they are permitted to determine the methods for conducting 
statistical activities for statistical purposes. Unless prohibited by 
statute, when a statute, regulation, or policy authorizes any other 
agency official to make such determinations, that responsibility shall 
be delegated to the head of the Recognized Statistical Agency or Unit, 
as described in Sec.  1321.4(b);
    (3) Ensure compliance with 44 U.S.C. 3520(d);
    (4) Ensure that the Recognized Statistical Agency or Unit has 
resources dedicated to the Recognized Statistical Agency or Unit and is 
able to manage those resources in accordance with the responsibilities 
described in this part, by allowing it to:
    (i) Maintain and determine the functional requirements, 
specifications, and performance capabilities of the information 
technology it uses to conduct statistical activities and disseminate 
statistical products;
    (ii) Determine the content, functionality, appearance, and layout 
of its website, the presentation of statistical information, and the 
timing of when statistical information is disseminated;
    (iii) Allocate its labor resources among different job positions;
    (iv) Develop, explain, and respond directly to queries about 
resource needs through congressional and executive branch budget 
processes, as those processes are established through OMB Circular A-
11; and
    (5) Support the autonomy of each Recognized Statistical Agency or 
Unit to manage and control its data by ensuring that Recognized 
Statistical Agencies and Units have the authority to make all 
determinations regarding:
    (i) The governance of its data;
    (ii) Access to its confidential statistical data and the 
information systems that hold confidential statistical data; and
    (iii) The approval, direction, and management of the use of its 
confidential statistical data by external parties for purposes of 
developing evidence, as defined in the 44 U.S.C. 3561 and relevant OMB 
policies, including authority for ensuring compliance with 44 U.S.C. 
3583.


Sec.  1321.8   Confidentiality.

    (a) Recognized Statistical Agencies and Units shall uphold the 
responsibility to protect the trust of information providers by 
ensuring the confidentiality and exclusively statistical use of data 
acquired under an obligation to maintain confidentiality. In 
fulfillment of this responsibility, Recognized Statistical Agencies and 
Units shall determine whether the tools, practices, and procedures 
employed to ensure the effective security of the confidential 
statistical data they hold comply with this part and with statistical 
laws. Each Recognized Statistical Agency or Unit shall:
    (1) Secure all confidential statistical data against unauthorized 
access by ensuring that any information systems containing confidential 
statistical data employ effective barriers to restrict access such that 
only employees of Recognized Statistical Agencies and Units or their 
authorized agents have access to such data in accordance with the 
requirements of CIPSEA 2018, other applicable statistical laws, and 
policies and guidance issued by the Office of Management and Budget, 
while also ensuring compliance with the Federal Information Security 
Modernization Act of 2014, as amended and as codified at 44 U.S.C. 
3551-3558, and other applicable laws and policies by:
    (i) Ensuring required security policies, configurations, and 
controls placed on information technology assets are appropriate to 
protect the confidentiality of statistical information throughout the 
data lifecycle;
    (ii) Controlling logical access to data storage assets containing 
confidential statistical data and restricting access to authorized 
personnel; and
    (iii) Maintaining and securing access logs for all personnel 
authorized to access confidential statistical data;
    (2) Ensure that confidential statistical data are not used for any 
nonstatistical purposes by:
    (i) Coordinating with the agency Chief Freedom of Information Act 
Officer to ensure appropriate application of exemptions pertaining to 
confidential statistical data in response to Freedom of Information Act 
requests;
    (ii) Employing current best practices, including statistical 
disclosure avoidance methods and procedures, to minimize the risk of 
disclosing confidential statistical data;
    (iii) Maintaining supervision and control over individuals 
authorized to have access to confidential statistical data through a 
confidentiality program; and
    (iv) Determining, in collaboration with the relevant parent agency, 
whether agent status or direct assignment to the Recognized Statistical 
Agency or Unit for personnel such as statisticians, data scientists, 
information technology specialists, and subject matter experts who 
access confidential statistical data is appropriate;
    (3) Provide information to the public about the integrity, 
confidentiality, and impartiality of all confidential statistical data 
acquired and maintained under its authority, so that it retains the 
trust of its information providers and data users, by:

[[Page 56742]]

    (i) Making readily accessible, e.g., through its website, 
information about its policies on confidentiality and information 
security;
    (ii) Developing and maintaining a comprehensive data inventory as 
required under 44 U.S.C. 3511 and related guidance; and
    (iii) Complying with the Standard Application Process required 
under 44 U.S.C. 3583 and related guidance;
    (4) Provide sufficient information to respondents to enable them to 
make an informed decision about whether to provide the requested 
information by:
    (i) Providing notification statements to survey respondents 
consistent with the regulations in this part implementing 44 U.S.C. 
3506, to include the intended uses of the information being collected, 
potential future uses, their relevance for public purposes, and the 
extent of confidentiality protection that will be provided; and
    (ii) When acquiring data from another agency, ensuring that the 
agreement with the providing agency addresses any legal requirements 
for notice and consent consistent with applicable law and applicable 
regulations in this part implementing 44 U.S.C. 3581;
    (5) Maintain and develop professional staff, or identify 
appropriate ways to access professional staff, that are trained in 
statistical disclosure limitation and restricted access mechanisms to 
maximize the protection of the confidential statistical data throughout 
the data lifecycle, including creation or collection, processing, 
dissemination, use, storage, and disposition; and
    (6) Inform employees, contractors, and other approved agents of the 
Recognized Statistical Agencies and Units of their responsibility to 
not willfully disclose confidential statistical data in an identifiable 
form, and of the legal consequences of such disclosure, such as the 
penalty in 44 U.S.C. 3572(f) that provides that any officer, employee, 
or approved agents of the Recognized Statistical Agency or Unit who 
willfully discloses such information is subject to fines and penalties, 
to include being guilty of a class E felony and imprisoned for not more 
than 5 years, or fined not more than $250,000, or both.
    (b) Parent agencies shall enable, support, and facilitate 
Recognized Statistical Agencies and Units in carrying out their 
responsibility to protect the trust of information providers by 
ensuring the confidentiality and exclusively statistical use of their 
information. Each parent agency shall:
    (1) Ensure that the Recognized Statistical Agencies and Units have 
the sole authority to provide access to confidential statistical data. 
Unless prohibited under statute, when a statute, regulation, or policy 
authorizes any other official to make such determinations, that 
responsibility shall be delegated to the head of the Recognized 
Statistical Agency or Unit.
    (2) Ensure that implementation of the Federal Information 
Technology Acquisition Reform Act is consistent with Recognized 
Statistical Agencies' and Units' responsibility to protect confidential 
statistical data from unauthorized use or disclosure, by:
    (i) Ensuring that information technology policies appropriately 
safeguard and protect the integrity, confidentiality, and availability 
of confidential statistical data to ensure that the information is 
secure against unauthorized access, editing, deletion, dissemination, 
or use; and
    (ii) Ensuring that confidential statistical data are protected by 
any effective security standards established by the Recognized 
Statistical Agency or Unit in writing.
    (3) Ensure that the Senior Agency Official for Privacy (SAOP) 
consults with any relevant Recognized Statistical Agency or Unit when 
the SAOP performs their duties related to the Recognized Statistical 
Agency or Unit's statistical activities, including under 5 U.S.C. 552a, 
the E-Government Act of 2002, and other applicable statutory 
requirements. This includes but is not limited to:
    (i) Conducting Privacy Impact Assessments on information technology 
systems, as required by law and OMB guidance, that store and process 
confidential statistical data;
    (ii) Responding to Privacy Act requests to access or amend 
confidential statistical data maintained by the Recognized Statistical 
Agency or Unit; and
    (iii) Responding to breaches of confidential statistical data in a 
way that complies with law and policy and is sensitive to the 
Recognized Statistical Agency's or Unit's need to maintain the public 
trust.
    (c) Recognized Statistical Agencies and Units are responsible for 
protecting the confidentiality of confidential statistical data. Parent 
agencies shall, enable, support, and facilitate the Recognized 
Statistical Agency or Unit in carrying out its responsibility to 
protect the confidentiality of confidential statistical data.
    (1) The head of each Recognized Statistical Agency or Unit shall:
    (i) Determine who is authorized to access confidential statistical 
data;
    (ii) Ensure access to confidential statistical data is limited to 
officers and employees of such Recognized Statistical Agency or Unit 
and its designated agents; and
    (iii) Establish written standards and processes by which the head 
of such Recognized Statistical Agency or Unit designates a person as an 
agent, which shall:
    (A) Comply with 44 U.S.C. 3572 and other applicable statistical 
law;
    (B) Ensure designated agents are fully informed of and have agreed 
to comply with all legal requirements to access confidential 
statistical data; and
    (C) Define the scope of such agent's authorization to access 
confidential statistical data.
    (2) The head of the parent agency shall:
    (i) Ensure confidential statistical data is secure from access by 
any individual unless such individual has been authorized to access 
such confidential statistical data by the head of the Recognized 
Statistical Agency or Unit in accordance with paragraph (c)(1) of this 
section;
    (ii) Prohibit agency officers or employees from accessing 
confidential statistical data unless authorized under paragraph (c)(1) 
of this section; and
    (iii) Ensure the Recognized Statistical Agency or Unit has the 
resources necessary to ensure confidential statistical data is secure 
from unauthorized access.
    (3) Nothing in this part authorizes the head of the parent agency 
to access confidential statistical data, unless the head of the 
Recognized Statistical Agency or Unit has designated such individual as 
an agent.
    (4) The head of any office or component within a parent agency that 
needs access to confidential statistical data shall:
    (i) Establish policies to prohibit access to confidential 
statistical data by any individual unless such individual has been 
authorized by the head of the Recognized Statistical Agency or Unit in 
accordance with paragraph (c)(1) of this section;
    (ii) Ensure that any officer or employee that needs to access 
confidential statistical data meets the written requirements issued by 
the Recognized Statistical Agency or Unit;
    (iii) To the greatest extent possible, limit necessary access to 
confidential statistical data;
    (iv) Coordinate with the Recognized Statistical Agency or Unit to 
determine the number of persons needing access to confidential 
statistical data; and
    (v) Provide the Recognized Statistical Agency or Unit with any 
information

[[Page 56743]]

necessary for the Recognized Statistical Agency or Unit to make a 
determination regarding access to confidential statistical data.
    (5) The head of the Recognized Statistical Agency or Unit shall 
coordinate with the head of any office or component requiring access to 
confidential statistical data as described in paragraph (c)(2) of this 
section to identify and designate necessary agents to fulfill the 
office's or component's responsibilities.
    (6) If the head of a parent agency finds that the Recognized 
Statistical Agency or Unit is unable to designate a sufficient number 
of agents for the parent agency to fulfill its responsibilities, the 
head of the parent agency shall consult with the head of the Recognized 
Statistical Agency or Unit and the Chief Statistician of the United 
States to resolve the issue.
    (7) Each Recognized Statistical Agency or Unit shall track access 
to confidential statistical data and maintain an access log that 
details the individual and time of access. The parent agency shall 
ensure the Recognized Statistical Agency or Unit has sufficient 
technology resources to ensure all access to confidential statistical 
data is tracked in an access log.
    (i) The Recognized Statistical Agency or Unit shall monitor the 
access log to ensure only authorized persons have accessed confidential 
statistical data.
    (ii) If any unauthorized person has accessed confidential 
statistical data, the Recognized Statistical Agency or Unit shall 
notify the head of the parent agency and the Chief Statistician of the 
United States, and the head of the parent agency and the head of the 
Recognized Statistical Agency or Unit shall:
    (A) Address any deficiencies that led to such unauthorized access 
to ensure unauthorized access does not occur in the future; and
    (B) Provide a written report to the Chief Statistician of the 
United States within 30 days detailing the remediation efforts.


Sec.  1321.9   Compliance review.

Option A for Sec.  1321.9

    (a) The Chief Statistician of the United States, in coordination 
with the Interagency Council on Statistical Policy (ICSP), established 
under 44 U.S.C. 3504(e)(8), shall establish a Responsibilities Peer 
Review Committee (Committee) to develop and govern procedures to assess 
each Recognized Statistical Agency or Unit and its parent agency for 
compliance with this part. These assessments shall begin within one 
year of [EFFECTIVE DATE OF FINAL RULE]. The ICSP will develop a 
schedule to ensure that each Recognized Statistical Agency or Unit and 
its parent agency is audited not less frequently than once every three 
years. These assessments shall:
    (1) Take place for each Recognized Statistical Agency or Unit at 
least once every three years, although special assessments may be 
conducted by the Committee due to exigent circumstances if a simple 
majority of the Committee votes to undertake such a special evaluation; 
and
    (2) Result in a summary of major findings and, if deficiencies are 
identified during the review, a set of recommendations for improving 
compliance with this part, which shall be made available to the public 
on the Recognized Statistical Agency's or Unit's public website in a 
timely manner to be determined by the Committee.
    (b) Each Recognized Statistical Agency and Unit being assessed 
shall comply with requests for information or documents from the 
Committee, except where prohibited by law.
    (c) Each parent agency shall enable, support, and facilitate such 
assessments by complying with requests for information or documents 
that directly relate to the assessment of compliance with this part 
from the Committee, except where prohibited by law.
    (d) The Chief Statistician of the United States shall:
    (1) Engage each Recognized Statistical Agency and Unit, and the 
parent agency that contains them, to address any deficiencies included 
in the Committee's assessment;
    (2) Include a list of recommendations made by the Committee and the 
status of addressing each recommendation in the annual report required 
in 44 U.S.C. 3504(e)(2) or similar Office of Management and Budget 
report to Congress; and
    (3) Include standards that outline the potential loss of an 
agency's status as a Recognized Statistical Agency or Unit, including 
for persistent failures to comply with this part, in the guidance to 
implement the designation process required under 44 U.S.C. 3562(a).

Option B for Sec.  1321.9

    (a) The Council of the Inspectors General on Integrity and 
Efficiency (CIGIE) shall establish a committee on statistical audits 
(Committee) to develop expertise in statistical laws and processes 
necessary to ensure the integrity of statistical agencies. The 
Committee shall:
    (1) Regularly consult with the Chief Statistician of the United 
States on the appropriate interpretation and application of statistical 
laws and practices;
    (2) Develop criteria for statistical audits, including compliance 
with this part and other relevant statistical laws and whether the 
Recognized Statistical Agency or Unit has sufficient resources to carry 
out its fundamental responsibilities;
    (3) Designate Inspectors General with expertise in statistical laws 
and practices as statistical auditors;
    (4) Develop necessary interagency and funding agreements to 
facilitate the use of such designated statistical auditors to conduct 
audits of agency compliance with this part; and
    (5) Develop a schedule to ensure that each Recognized Statistical 
Agency or Unit and its parent agency is audited not less frequently 
than once every three years.
    (b) Not less frequently than once every three years, a statistical 
auditor as designated under paragraph (a) of this section shall audit 
each Recognized Statistical Agency or Unit and its parent agency.
    (c) Inspectors General may conduct off-schedule audits.
    (1) The Interagency Council on Statistical Policy (ICSP), 
established under 44 U.S.C. 3504(e)(8), may request an off-schedule 
audit of a Recognized Statistical Agency or Unit and its parent agency 
if the ICSP has reason to believe there is a substantial change in 
circumstances regarding compliance with this part. The ICSP shall 
submit a written request with a detailed explanation to CIGIE.
    (2) The Committee shall review any ICSP request for an audit, 
determine whether an audit is appropriate, and provide a written 
response to the ICSP within 30 days of receiving such request.
    (d) The statistical auditor conducting the audit shall submit the 
results of any statistical audit s to the head of the agency, the head 
of the Recognized Statistical Agency or Unit, the Chief Statistician of 
the United States, and relevant congressional committees. For purposes 
of this audit, the head of the Recognized Statistical Agency shall be 
considered a responsible official.
    (e) The Chief Statistician of the United States shall:
    (1) Engage each Recognized Statistical Agency and Unit, and the 
parent agency that contains them, to address any deficiencies 
identified in the statistical audit;
    (2) Include a list of findings or recommendations and the status of

[[Page 56744]]

addressing each finding or recommendation in the annual report required 
in 44 U.S.C. 3504(e)(2) or similar Office of Management and Budget 
report to Congress;
    (3) Make available appropriate materials, training, or other 
relevant resources to the Committee regarding statistical laws and 
practices; and
    (4) Include standards for the possible loss of the agency's status 
as a Recognized Statistical Agency or Unit for persistent failures to 
comply with this part in the guidance to implement the designation 
process required under 44 U.S.C. 3562(a).

Option C for Sec.  1321.9

    (a) Not less frequently than once every three years, each Inspector 
General of an agency that contains a Recognized Statistical Agency or 
Unit shall conduct an audit of each Recognized Statistical Agency or 
Unit and its parent agency. The audit shall evaluate compliance with 
this part and other relevant statistical laws and whether the 
Recognized Statistical Agency or Unit has sufficient resources to carry 
out its fundamental responsibilities. To ensure consistent 
interpretation and application of statistical laws, the Inspector 
General shall consult with the Chief Statistician of the United States.
    (b) Inspectors General may conduct off-schedule audits.
    (1) The Interagency Council on Statistical Policy (ICSP), 
established under 44 U.S.C. 3504(e)(8), may request an off-schedule 
audit of a Recognized Statistical Agency or Unit and its parent agency 
if the ICSP has reason to believe there is a substantial change in 
circumstances regarding compliance with this part. The ICSP shall 
submit a written request with a detailed explanation to the Inspector 
General.
    (2) The Inspector General shall review any ICSP request for an 
audit, determine whether an audit is appropriate, and provide a written 
response to the ICSP within 30 days of receiving such request.
    (c) The statistical auditor conducting the audit shall submit the 
results of any statistical audit s to the head of the agency, the head 
of the Recognized Statistical Agency or Unit, the Chief Statistician of 
the United States, and relevant congressional committees. For purposes 
of this audit, the head of the Recognized Statistical Agency shall be 
considered a responsible official.
    (d) The Chief Statistician of the United States shall:
    (1) Engage each Recognized Statistical Agency and Unit, and the 
parent agency that contains them, to address any deficiencies 
identified in the statistical audit;
    (2) Include a list of findings or recommendations and the status of 
addressing each finding or recommendation in the annual report required 
in 44 U.S.C. 3504(e)(2) or similar Office of Management and Budget 
report to Congress;
    (3) Make available appropriate materials, training, or other 
relevant resources to the Council for Inspector General Integrity and 
Efficiency regarding statistical laws and practices; and
    (4) Include standards for the possible loss of the agency's status 
as a Recognized Statistical Agency or Unit for persistent failures to 
comply with this part in the guidance to implement the designation 
process required under 44 U.S.C. 3562(a).

    Dated: August 11, 2023.
Shalanda D. Young,
Director, Office of Management and Budget.
[FR Doc. 2023-17664 Filed 8-15-23; 8:45 am]
BILLING CODE 3110-01-P