[Federal Register Volume 89, Number 198 (Friday, October 11, 2024)]
[Rules and Regulations]
[Pages 82453-82482]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23536]



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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

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Federal Register / Vol. 89, No. 198 / Friday, October 11, 2024 / 
Rules and Regulations

[[Page 82453]]



OFFICE OF MANAGEMENT AND BUDGET

5 CFR Part 1321

RIN 0348-AB81


Fundamental Responsibilities of Recognized Statistical Agencies 
and Units

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

ACTION: Final rule.

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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 issues this 
final rule pursuant to Title III of the Foundations for Evidence-Based 
Policymaking Act of 2018 (Evidence Act) to provide direction to 
Recognized Statistical Agencies and Units (RSAUs) in carrying out their 
four fundamental responsibilities: produce and disseminate relevant and 
timely statistical information, conduct credible and accurate 
statistical activities, conduct objective statistical activities, and 
protect the trust of information providers by ensuring the 
confidentiality and exclusive statistical use of their responses. This 
final rule also provides direction to other Federal agencies to enable, 
support, and facilitate RSAUs in carrying out these four fundamental 
responsibilities.

DATES: 
    Effective date: December 10, 2024.
    Applicability date: This final rule is applicable December 10, 
2024.

FOR FURTHER INFORMATION CONTACT: Kerrie Leslie, 202-395-5898, 
<a href="/cdn-cgi/l/email-protection#663214131512340301130a07120f090826090b044803091648010910"><span class="__cf_email__" data-cfemail="633711161017310604160f02170a0c0d230c0e014d060c134d040c15">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

I. Background

    The Foundations for Evidence-Based Policymaking Act of 2018 
(Evidence Act) became law on January 14, 2019.\1\ The Evidence Act 
seeks to ``advance[ ] the 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 (RSAUs) to produce relevant, timely, credible, accurate, and 
objective statistical information. Title III of the Evidence Act (known 
as the Confidential Information Protection and Statistical Efficiency 
Act of 2018, or CIPSEA 2018) updated and enhanced the original 
Confidential Information Protection and Statistical Efficiency Act of 
2002 (known as CIPSEA 2002) \3\ by, among other things, codifying the 
four fundamental responsibilities of RSAUs and requiring other Federal 
agencies to enable, support, and facilitate RSAUs in upholding these 
responsibilities. The four fundamental responsibilities are as follows: 
\4\
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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.R. Rep. No. 115-411, at 1-2 (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. The E-Government Act of 2002 as codified and amended at 
44 U.S.C. 3561-3576 by CIPSEA 2018 is also known generically as 
``CIPSEA.''
    \4\ 44 U.S.C. 3563(a)(1).
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    (1) 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.
    In August 2023, OMB issued a proposed rule that would provide 
direction to agencies in carrying out these responsibilities.\5\ After 
considering comments on the proposed rule, OMB issues this final rule 
to be codified at 5 CFR part 1321, which sets forth requirements for 
RSAUs to carry out their fundamental responsibilities and for agencies 
to enable, support, and facilitate RSAUs in carrying out their 
fundamental responsibilities.
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    \5\ Off. of Mgmt. & Budget, Exec. Off. of the President, 
Fundamental Responsibilities of Recognized Statistical Agencies and 
Units, 88 FR 56708 (Aug. 18, 2023), available at https://www.govinfo.gov/content/pkg/FR-2023-08-18/pdf/2023-17664.pdf.
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A. Statutory Authority

    Pursuant to 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 Federal agencies of the requirements of CIPSEA 2018, OMB finalizes 
this rule to provide direction to agencies in carrying out the 
responsibilities described in section 3563. Section 3563 describes the 
fundamental responsibilities that RSAUs must adhere to and charges all 
Federal agencies with enabling, supporting, and facilitating RSAUs in 
meeting these responsibilities.

B. 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 was in 1790.\6\ The 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 and 
decentralized yet interconnected network of agencies, units, programs, 
and officials across the Government addressing emerging information 
demands of the Nation, including in the fields of tax, agriculture, 
education, and labor. The 20th Century presented new policy needs 
leading to further expansion of the Federal statistical system to 
include the fields of 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. Increasingly, 
collaboration is required across the Federal statistical system to

[[Page 82454]]

unlock greater efficiencies and leverage diverse expertise.\7\
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    \6\ Carroll Wright, Comm'r of Labor, The History and Growth of 
the United States Census, S. Doc. No. 194, at 12-14 (1900), 
available at https://www.census.gov/history/pdf/wright-hunt.pdf.
    \7\ For example, recent collaborations have expanded the Federal 
Statistical Research Data Centers program and launched the Standard 
Application Process portal.
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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 data users, while 
protecting the responses of individual data providers. Federal, State, 
local, territorial, and Tribal governments; businesses; and the public 
all trust this information to be credible and reliable and use it to 
make informed decisions. The Federal statistical system includes the 
following entities and officials:
    <bullet> 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 authority to 
coordinate 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.\8\ The office accomplishes this by promulgating rules, 
developing and maintaining statistical policies and standards, 
identifying priorities for improving statistical programs, assessing 
statistical agency budgets, reviewing and approving collections of 
information from RSAUs, and coordinating U.S. participation in 
international statistical activities, among other functions.
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    \8\ 44 U.S.C. 3504(e)(7).
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    <bullet> Sixteen RSAUs. OMB currently recognizes 16 statistical 
agencies and units under CIPSEA (See Table 1).\9\ OMB-recognized 
agencies or units are organizational units of the Executive Branch 
whose activities are predominantly the collection, compilation, 
processing, or analysis of information for statistical purposes,\10\ 
covering topics such as the economy, workforce, energy, agriculture, 
foreign trade, education, housing, crime, transportation, and health.
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    \9\ See 44 U.S.C. 3562(a) (providing OMB the authority to 
recognize statistical agencies and units).
    \10\ 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 [(A)].'').
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    <bullet> Approximately 100 other statistical programs.\11\ These 
other Federal 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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    \11\ Off. of Mgmt. & Budget, Exec. Off. of the President, 
Statistical Programs of the United States Government: Fiscal Years 
2021/2022, at 53 (2024), available at https://www.whitehouse.gov/wp-content/uploads/2024/02/statistical-programs-20212022.pdf.
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    <bullet> Twenty-Four Statistical Officials. Pursuant to the 
Evidence Act, each Chief Financial Officers Act (CFO Act) agency \12\ 
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 an RSAU, the head of that RSAU has been 
designated the Statistical Official, as required by OMB M-19-23.\13\
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    \12\ 31 U.S.C. 901.
    \13\ Off. of Mgmt. & Budget, Exec. Off. of the President, M-19-
23, Phase 1 Implementation of the Foundations for Evidence-Based 
Policymaking Act of 2018: Learning Agendas, Personnel, and Planning 
Guidance 8 & n.19 (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, Commerce, and Health and 
Human Services, which each host more than one recognized statistical 
agency or unit, the Statistical Official role is determined by the 
CFO Act agency.
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    <bullet> Interagency Council on Statistical Policy (ICSP). Chaired 
by the Chief Statistician of the United States, the ICSP 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.\14\ The ICSP supports the 
Federal statistical system's vision to operate as a seamless system and 
its critical role supporting evidence-based decision making. 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, as well as enhancing coordination and 
collaboration across the system. The ICSP currently includes 29 members 
in addition to the Chair, including the head of each RSAU and each 
Statistical Official; however, 11 of the Statistical Officials are also 
heads of RSAUs.
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    \14\ 44 U.S.C. 3504(e).
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    Brief History of RSAUs. In June 1997, OMB issued the ``Order 
Providing for the Confidentiality of Statistical Information,'' (1997 
Order) which ``clarifie[d] and amplifie[d] the privileged status 
afforded `confidential statistical data.' '' \15\ The 1997 Order 
established a consistent confidentiality policy across statistical 
agencies and units ``whose activities are predominantly the collection, 
compilation, processing, or analysis of information for statistical 
purposes'' as ``determined by the Office of Management and Budget.'' In 
the 1997 Order, OMB determined 12 statistical agencies and units would 
be subject to the order.\16\ About five years later, CIPSEA 2002 was 
enacted, which codified OMB's authority to determine whether an agency 
or unit is a statistical agency or unit subject to the consistent and 
heightened protections for confidential statistical data under CIPSEA 
2002.\17\ In 2007, OMB issued CIPSEA 2002 implementation guidance (2007 
guidance) and recognized the 12 statistical agencies and units 
previously identified in the 1997 Order plus two additional statistical 
agencies or units.\18\ These 14 agencies and units listed in the 2007 
guidance were known as recognized statistical agencies and units. Since 
2007, OMB added two more units for a total of 16 RSAUs.\19\ In 
accordance with the 2007 guidance, OMB maintains a publicly available 
list of RSAUs online, now available at

[[Page 82455]]

https://www.StatsPolicy.gov. Table 1 provides a list of the current 16 
RSAUs and their highest-level organization.
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    \15\ Off. of Mgmt. & Budget, Exec. Off. of the President, Order 
Providing for the Confidentiality of Statistical Information, 62 FR 
35044, 35044 (June 27, 1997), available at https://www.govinfo.gov/content/pkg/FR-1997-06-27/pdf/FR-1997-06-27.pdf.
    \16\ Id. at 35049. The term ``designated'' was used in the 1997 
Order. For the purposes of this final rule, 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.
    \17\ CIPSEA 2018 reauthorized the OMB's authority to make this 
determination under and codified it at 44 U.S.C. 3562(a). 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 ``designated'' 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 
final rule, 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.
    \18\ Off. of Mgmt. & Budget, Exec. Off. 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, 33368 (June 15, 2007), available at 
https://www.govinfo.gov/content/pkg/FR-2007-06-15/pdf/E7-11542.pdf.
    \19\ See About Us: Principal Statistical Agencies and Recognized 
Units, StatsPolicy.gov, https://www.StatsPolicy.gov/about/#statistical-agencies (last visited May 21, 2024); see also Off. of 
Mgmt. & Budget, Exec. Off. 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.

                         Table 1--Current RSAUs
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 Recognized statistical agency or unit      Highest level organization
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Bureau of Economic Analysis............  Department of Commerce.
Bureau of Justice Statistics...........  Department of Justice.
Bureau of Labor Statistics.............  Department of Labor.
Bureau of the Census...................  Department of Commerce.
Bureau of Transportation Statistics....  Department of Transportation.
Center for Behavioral Health Statistics  Department of Health and Human
 and Quality.                             Services.
Economic Research Service..............  Department of Agriculture.
Energy Information Administration......  Department of Energy.
Microeconomic Surveys Unit.............  Board of Governors of the
                                          Federal Reserve System.
National Agricultural Statistics         Department of Agriculture.
 Service.
National Animal Health Monitoring        Department of Agriculture.
 System.
National Center for Education            Department of Education.
 Statistics.
National Center for Health Statistics..  Department of Health and Human
                                          Services.
National Center for Science and          National Science Foundation.
 Engineering Statistics.
Office of Research, Evaluation, and      Social Security Administration.
 Statistics.
Statistics of Income Division..........  Department of the Treasury.
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    Related authorities. Critical to a healthy, relevant Federal 
statistical system has been the development and implementation of 
statutes, rules, 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. 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, timely, 
credible, accurate, and objective statistical information. Importantly, 
many authorities, such as individual entity authorizing statutes and 
cross-system statutes, co-exist and complement one another to promote a 
strong, vibrant, interconnected Federal statistical system. These 
authorities generally support the ability of the Federal statistical 
system to create relevant, timely, credible, accurate, and objective 
statistics in a way that promotes the trust of data providers. Some of 
the most relevant authorities to this final rule include the Evidence 
Act, CIPSEA 2002, CIPSEA 2018, the Paperwork Reduction Act of 1995 
(PRA), the Privacy Act of 1974 (Privacy Act), and OMB Statistical 
Policy Directive Nos. 1, 3, and 4. In addition, other external 
entities--both domestic and international--have published their 
perspectives on how RSAUs should meet their missions to produce 
relevant, timely credible, accurate, and objective Federal statistics; 
including the National Academy of Sciences, Engineering, and Medicine's 
Principles and Practices for a Federal Statistical Agency (referred to 
as Principles and Practices); the United Nations' Fundamental 
Principles of Official Statistics; \20\ the European Statistics Code of 
Practice; \21\ and the American Statistical Association's Ethical 
Guidelines for Statistical Practice.\22\ The proposed rule preamble 
includes a longer description of these related authorities.
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    \20\ United Nations General Assembly, Fundamental Principles of 
Official Statistics (adopted Jan. 29, 2014), available at https://unstats.un.org/fpos/.
    \21\ 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.
    \22\ Am. Stat. Ass'n, Ethical Guidelines for Statistical 
Practice (Feb. 2022), available at https://www.amstat.org/your-career/ethical-guidelines-for-statistical-practice.
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    Over many years and based on lessons learned, certain 
responsibilities, standards, and 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 RSAUs.\23\ The concepts 
of autonomy and authority as codified in this rule are important for 
RSAUs to meet the fundamental responsibilities enumerated in 44 U.S.C. 
3563. The autonomy and authority of RSAUs must be balanced with the 
other responsibilities and needs of RSAUs, as well as other affected 
Federal agencies. Similar to the proposed rule, this final rule aims to 
explicate where autonomous decision-making authority is important and 
why.
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    \23\ See Foundations for Evidence-Based Policymaking Act of 
2017, H.R. Rep. No. 115-411, at 19 (2017), available at https://www.congress.gov/congressional-report/115th-congress/house-report/411 (quoting Statistical Policy Directive No. 1); see also Nat'l 
Acads. of Sci., Eng'g, & Med., Principles and Practices for a 
Federal Statistical Agency 53-58 (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); Comm'n on Evidence-Based 
Policymaking, The Promise of Evidence-Based Policymaking 60-64 
(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, CIPSEA 2018 contemplates a common framework for 
protecting statistical data, acquiring administrative or program data, 
and disseminating statistical data securely. This rule seeks to lay the 
foundation for advancing this common framework by facilitating 
appropriate interagency engagement and coordination and ensuring 
implementation is successful across the Federal Government.\24\ The 
organizational structure of agencies and departments in relation to 
RSAUs is important for successful implementation of this rule. 
Currently, each RSAU is part of a larger organization, with varying 
reporting structures. The heads of some RSAUs are appointed by the 
President (either with or without Senate confirmation),

[[Page 82456]]

while others are senior career officials. Likewise, the heads of some 
RSAUs 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.
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    \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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    CIPSEA 2018 also requires OMB to issue guidance on the requirements 
and processes for seeking and obtaining OMB recognition as a new RSAU. 
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 this rule.

C. The Proposed Rule

    OMB published an NPRM entitled ``Fundamental Responsibilities of 
Recognized Statistical Agencies and Units'' on August 18, 2023 (the 
proposed rule), with comments requested by October 2, 2023. As a 
general matter, in developing the proposed rule, OMB followed the 
approach of adhering to the wider principles and practices contained in 
Statistical Policy Directive No. 1, which already contained the 
fundamental responsibilities now codified in CIPSEA 2018 and gave RSAUs 
specific guidance on how to adhere to those responsibilities.\25\ Many 
of the provisions included in the proposed rule were drawn directly or 
adapted from Statistical Policy Directive No. 1.
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    \25\ Off. of Mgmt. & Budget, Exec. Off. 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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    After nearly a decade of the Federal Government operating under 
Statistical Policy Directive No. 1, experience has clarified the 
fundamental responsibilities and how to ensure RSAUs are able to carry 
out those responsibilities. In consideration of that experience, the 
proposed rule sought to address existing and emerging challenges and 
issues to create a lasting and effective policy. In the proposed rule, 
OMB acknowledged some overlap between the proposed rule and Statistical 
Policy Directive No. 1. OMB also clarified the intent of the proposed 
rule to address existing and emerging challenges and issues that are 
not addressed by Statistical Policy Directive No. 1, to ensure that 
RSAUs are able to meet their fundamental responsibilities. For example, 
the proposed rule included provisions to ensure RSAUs have their own 
websites and have an opportunity to participate in discussions with OMB 
regarding their own budget requests. The proposed rule also included 
compliance review requirements to promote compliance with the proposed 
rule's provisions.
    OMB requested comments on all aspects of the proposed rule, as well 
as a number of specific issues. A total of 30 unique, in-scope public 
comments were received, and all comments are viewable at https://www.regulations.gov/docket/OMB-2023-0015. Commenters included private 
citizens, professional associations relevant to Federal statistics, 
former agency leadership, and academics. Many comments expressed 
support for the proposed rule. Some specifically stated that, even if 
OMB did not make any changes to the proposed rule, it would be a 
significant improvement from the status quo.

II. Overview of the Final Rule

    In order to implement the legislative mandates under 44 U.S.C. 
3563, OMB is finalizing requirements for Federal agencies to enable, 
support, and facilitate the fundamental responsibilities of RSAUs. 
After careful consideration of the comments, OMB is codifying the 
proposed rule at 5 CFR part 1321, with certain modifications made in 
response to comments and certain modifications to improve the clarity 
and readability of the rule.
    Throughout the rule text, OMB made global modifications to address 
the following:
    <bullet> OMB made changes throughout the rule text to update the 
use of ``shall'' to ``must'' for clarity.\26\ In this rule, uses of 
``must,'' ``shall,'' or ``will'' indicate requirements.
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    \26\ As explained at https://www.plainlanguage.gov/guidelines/conversational/shall-and-must, ``[t]he legal community is moving to 
a strong preference for `must' as the clearest way to express a 
requirement or obligation.''
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    <bullet> OMB revised the terms ``regulation'' and ``regulations'' 
to ``rule'' for clarity.
    <bullet> OMB added titles to all first level provisions within 
Sections for clarity and readability.
    <bullet> OMB spelled out the acronyms OMB (Office of Management and 
Budget), CIPSEA (Confidential Information Protection and Statistical 
Efficiency Act), and SAOP (Senior Agency Official for Privacy).
    <bullet> OMB added clarifying phrases such as ``in this part'' to 
clarify the scope of certain provisions.
    <bullet> OMB adjusted language to reflect updated terms with 
definitions, such as ``parent agency head.''
    <bullet> OMB edited to address grammar issues and typos.
    <bullet> OMB edited to conform to Office of the Federal Register 
requirements for references.
    This section of the preamble provides a discussion of the comments 
received on the proposed rule and an explanation of the final rule. OMB 
notes that the preamble of the proposed rule \27\ provided detailed 
background information, much of which is not repeated here, but remains 
equally relevant, unless changes were made as outlined in this section.
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    \27\ The preamble of the proposed rule is available on the 
Federal Register website at https://www.federalregister.gov/documents/2023/08/18/2023-17664/fundamental-responsibilities-of-recognized-statistical-agencies-and-units.
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A. Sec.  1321.1--Purpose

    OMB issues this rule to implement 44 U.S.C. 3563. The proposed rule 
stated that the authority for issuing 5 CFR part 1321 is under the 
Budget and Accounting Procedures Act of 1950; \28\ the Paperwork 
Reduction Act of 1995; \29\ the Information Quality Act; \30\ and Title 
III of the Foundations for Evidence-Based Policymaking Act of 2018 
(Evidence Act), also known as CIPSEA 2018.\31\ OMB did not receive any 
comments on this section of the proposed rule; however, because the 
rule as proposed and as finalized includes requirements related to 
authorities throughout the Evidence Act, and is not limited to Title 
III (CIPSEA 2018), the final rule at Sec.  1321.1 adds a specific 
reference to the broader Evidence Act. Otherwise, OMB finalizes Sec.  
1321.1 as proposed.
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    \28\ 31 U.S.C. 1104(d).
    \29\ 44 U.S.C. 3504.
    \30\ Treasury and General Government Appropriations Act, 2001, 
Tit. V, Sec. 515(a), Public Law 106-554, 114 Stat. 2763A-153 (2000).
    \31\ 44 U.S.C. 3561-3583.
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B. Sec.  1321.2--Definitions

    The final rule at Sec.  1321.2 defines terms used in this rule. In 
general, OMB revised the first sentence to remove ``for purposes of 
implementing 5 U.S.C. 314 and all of title III of the Evidence Act'' 
for accuracy because the definitions are for this rule, not for those 
sections of law. In addition, OMB has removed specific regulatory 
citations for each definition and reordered definitions so they are 
alphabetical for clarity. OMB also made updates to use defined terms 
when available and to follow the Government Printing Office style 
guide, as well as to remove small typos and duplicative text for 
clarity and accuracy.
    Similar to the proposed rule, definitions in the final rule are 
aligned with existing statutes and rules

[[Page 82457]]

wherever possible. OMB received comments on the following proposed 
definitions: accurate, credible, confidentiality, identifiable form, 
parent agency, statistical law, and statistical products. In response 
to these comments this rule finalizes some definitions as proposed, 
revises some proposed terms, and includes newly defined terms that were 
not included in the proposed rule in order to clarify the final 
requirements of 5 CFR part 1321.
    Accurate and Credible. One commenter noted that the proposed rule 
uses the terms accurate and credible in a common language way and 
suggested defining each of the terms in a way that is consistent with 
more formal statistical concepts like unbiased, consistent, robust, and 
precise. The proposed rule defined the term accurate in the same way 
the term is defined in 44 U.S.C. 3563(d). OMB believes that it is 
appropriate for the regulatory definition for accurate to be the same 
as the statutory definition to minimize confusion and is finalizing the 
definition as proposed. The proposed rule did not include a definition 
for the term credible, and OMB believes adding a definition is 
unnecessary at this time.
    Confidential Statistical Data. The proposed rule defined 
confidential statistical data as ``any information that is acquired for 
exclusively statistical purposes and under an obligation not to 
disclose the information to an unauthorized party.'' One commenter 
recommended amending the definition of confidential statistical data by 
replacing the word ``obligation'' with the term ``pledge'' or defining 
the term ``obligation'' to ensure the term is inclusive of the term 
``pledge.'' The commenter asserted without explanation that the term 
``obligation'' is narrow and implies formality and thorough 
documentation. OMB disagrees with this assertion and considers 
``obligation'' to broadly cover a wide range of methods of obligating 
the agency, including any law, ``pledge,'' interagency agreement, 
memorandum of understanding, contract, or other agreement or 
requirement to maintain confidentiality. This broader term is used in 
the definition of confidentiality under 44 U.S.C. 3563, as established 
in CIPSEA 2018. Notably, Congress used the term ``obligation'' rather 
than ``pledge'' to define confidentiality when it expanded CIPSEA to 
grant RSAUs greater access to data held by other agencies, and OMB 
believes the term is intended to include data acquired through means 
other than direct collection from respondents. At this time, OMB is not 
defining ``obligation,'' but may consider defining this term in the 
future.
    Many agencies have confidential data that they use for statistical 
purposes which is not considered confidential statistical data under 
this regulation. For example, an evaluation office in an agency may 
conduct a survey of program participants as part of a program 
evaluation of an employment and training program for low-income adults. 
In doing so, the agency may ensure participants' confidentiality, and 
use those data solely for evidence-building \32\ purposes to assess the 
effectiveness of the particular intervention. In this example, such 
data are collected for ``research'' purposes, which can include 
statistical activities but is not limited to exclusively statistical 
purposes. Because these types of activities are not limited to 
exclusively statistical purposes, the data are not considered 
confidential statistical data and are not subject to the requirements 
for confidential statistical data under this regulation.
---------------------------------------------------------------------------

    \32\ The term evidence as used here has the meaning given in 
Appendix A of OMB M-19-23, which includes activities that extend 
beyond statistical activities, such as policy analysis and 
performance measurement. See Off. of Mgmt. & Budget, Exec. Off. of 
the President, M-19-23, Phase 1 Implementation of the Foundations 
for Evidence-Based Policymaking Act of 2018: Learning Agendas, 
Personnel, and Planning Guidance app. A (July 10, 2019), available 
at https://www.whitehouse.gov/wp-content/uploads/2019/07/M-19-23.pdf.
---------------------------------------------------------------------------

    Identifiable form. In the proposed rule, the term identifiable form 
is defined to mean ``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,'' as the 
term is defined in 44 U.S.C. 3561. One commenter highlighted the need 
for continued evolution in relation to how the term identifiable form 
is defined. This commenter suggested clarifying to what degree 
statistical agencies are obligated to protect against even partial 
reidentification in order to shed light on ways in which Federal 
statistical agencies can safely innovate with new methods as well as 
modernize data governance practices. Although the final rule finalizes 
the term identifiable form as proposed, OMB is of the view that 
addressing the scope of obligation regarding protecting against 
reidentification may be better aligned with other regulatory actions 
related to the Evidence Act and will take this comment under advisement 
for future rulemaking.
    ``Error''. One commenter stated that the proposed rule and preamble 
use the term ``error'' often in a statistical sense and suggested 
instead using the term ``statistical error'' and explaining the 
difference between a statistical error and a mistake in order to 
improve clarity for those not trained in statistics. The term ``error'' 
is used in the context of Sec.  1321.6(a)(2)(iii) of this final rule 
and the related preamble discussion. OMB is of the view that the 
preamble discussion of the term ``error'' provides the right amount of 
context for readers to understand the intent and therefore is not 
including a new definition for the term in this final rule.
    Statistical Laws. OMB received a comment on the definition for 
statistical laws. The proposed rule defines statistical laws to mean 
``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,'' as 
the term is defined in 44 U.S.C. 3502. One commenter suggested adding 
language to reflect that OMB should document which laws are statistical 
laws. OMB has already documented some of the laws that are covered by 
the term statistical laws in OMB M-19-23 \33\ and agrees generally with 
the idea of documenting the statistical laws designated by the Director 
of OMB. However, the definition of statistical laws does not need to be 
updated to accomplish this proposal. OMB will consider ways to further 
document the statistical laws designated by the Director of OMB 
following finalization of this rule.
---------------------------------------------------------------------------

    \33\ Id. at 24-25.
---------------------------------------------------------------------------

    Statistical Products. OMB received a comment on the term 
statistical products, which the proposed rule defined to mean

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.

    This definition is consistent with Statistical Policy Directive No. 
4.\34\
---------------------------------------------------------------------------

    \34\ Off. of Mgmt. & Budget, Exec. Off. of the President, 
Statistical Policy Directive No. 4: Release and Dissemination of 
Statistical Products Produced by Federal Statistical Agencies, 73 FR 
12,622, 12,625 (Mar. 7, 2008), available at https://www.govinfo.gov/content/pkg/FR-2008-03-07/pdf/E8-4570.pdf.
---------------------------------------------------------------------------

    The commenter suggested revising definition of the term statistical 
products to refer to ``any information

[[Page 82458]]

dissemination products, including public-use microdata files, 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 (but are not limited to) general purpose tabulations, 
analyses, projections, forecasts, or other statistical reports whether 
published by the RSAU or through some other mechanism. Statistical 
products include products of any form, including both printed and 
electronic forms.'' OMB appreciates this comment but believes that it 
is not necessary to add an ``including'' statement, and the ``or 
through some other mechanism'' language would unnecessarily broaden the 
definition and may lead to further confusion. The final rule therefore 
defines statistical products as proposed.
    Recognized Statistical Agency or Unit. In the proposed rule, the 
term Recognized Statistical Agency or Unit was defined as ``an agency 
or organizational unit of the 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.'' In keeping with the intent to align definitions with 
statute, where possible, the final rule modifies the definition of the 
term Recognized Statistical Agency or Unit, to align with the 
definition of ``statistical agency or unit'' in 44 U.S.C. 3561, which 
is ``an agency or organizational unit of the executive branch whose 
activities are predominately the collection, compilation, processing, 
or analysis of information for statistical purposes, as designated by 
the Director of the Office of Management and Budget under [44 U.S.C. 
3562].''
    Definitions for Organizational Units. To provide greater clarity 
about which parts of an agency are given responsibilities under this 
rule, the final rule adds definitions for component, core component, 
and parent agency head and adjusts the definition of parent agency. The 
final rule also replaces the term support function with support 
component.
    Federal agencies consist of many different components including 
sub-agencies, offices, bureaus and units that support the mission of 
the agency. Some components, such as RSAUs, perform programmatic 
functions to achieve the agency's mission. Other components provide 
support to programmatic components by providing services and resources 
such as legal, human resources, communications, legislative affairs, 
budget, information technology (IT), or procurement. Further, other 
components provide non-programmatic agency-wide functions by advising 
and collaborating with other components to achieve the agency's 
mission, such as the Offices of the Chief Data Officer, the Evaluation 
Officer, the Senior Agency Official for Privacy, the Chief Information 
Officer, and the Chief Freedom of Information Act (FOIA) Officer.
    The final rule adds the term component to mean a sub-agency, 
office, unit, bureau, or other distinct entity when that entity is 
within an agency that contains an RSAU. OMB notes that an RSAU may be 
organizationally positioned within a component, such as a sub-agency 
that may contain additional components.
    The proposed rule included a definition for the term support 
function to mean ``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.'' In the final 
rule, the term support function is replaced with the term support 
component and is defined as ``a component 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, but excludes any 
component within an RSAU that provides these functions.''
    A sub-agency component containing an RSAU may also contain 
additional components, including components that provide support such 
as legal, human resources, communications, legislative affairs, budget, 
information technology (IT), or procurement services to the RSAU and 
other components within the same sub-agency component. The change to 
the definition of support component clarifies that the requirements in 
this final rule are applicable regardless of where such component is 
positioned within an agency, except for when these functions are 
performed within the RSAU itself. The final rule definition for support 
component also removes the term ``core function,'' from the definition, 
which is separately defined in the newly defined term core component in 
the final rule.
    For clarity, the final rule adds a definition for the term core 
component, which means ``any support component [as defined above] and 
any component that performs any agency-wide function, such as the 
office of the Chief Data Officer, the Evaluation Officer, the Senior 
Agency Official for Privacy, the Chief Information Officer, the Chief 
FOIA Officer, and similar functions.''
    The proposed rule included the definition of parent agency to mean 
``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.'' Some commenters supported this 
proposed definition while other commenters recommended revisions. 
Commenters supporting the proposed definition noted its broad scope, 
which includes all levels of the organization including the highest 
level. Another commenter stated that the proposed definition of parent 
agency should be kept because the RSAU must have support from all 
components of the parent agency, including the head of the agency, 
regardless of where the RSAU sits in the parent agency or its direct 
line of reporting, to ensure that the RSAU has the appropriate 
authorities and resources to conduct its fundamental responsibilities.
    In contrast, other commenters stated that the proposed definition 
for parent agency was confusing, a deterrent to the stated objectives, 
and that it should be redefined. Commenters who did not support the 
proposed definition interpreted the definition for parent agency, as 
proposed, more narrowly, describing it as only including the 
organization where the RSAU is immediately located within the agency's 
organizational structure and offered several reasons to provide a 
broader definition; such as the RSAU's duty to serve the data needs of 
the entire agency. These commenters noted that the lack of congruent 
priorities between the RSAU and the office, unit, or sub-agency in 
which it is positioned often leads to budget and staffing issues which 
in turn significantly hurt the ability of the RSAU to collect and 
disseminate needed and timely data for the agency.
    OMB agrees with commenters both in support and not in support of 
the proposed definition that the definition of parent agency should be 
broad

[[Page 82459]]

enough to not only include the component of the agency (such as an 
office, unit, or sub-agency) under which the RSAU is immediately 
positioned, but also the highest organizational level of the 
organization, as well as any component in between. OMB also believes it 
is important to include any office that has a direct and recurring 
relationship with the RSAU such as an office that provides a service or 
other support for the RSAU or any agency-wide office. However, OMB also 
believes it is important for clarity that the definition of parent 
agency does not extend to agencies or components that do not have 
similar direct and recurring relationships with an RSAU. Therefore, to 
provide clarity, the final rule revises the definition of parent agency 
to mean the following components in an agency that contains a 
Recognized Statistical Agency or Unit: the parent agency head, each 
organizational level within the agency under which the RSAU is 
positioned, and each core component.
    Notably, there are some components in agencies that contain RSAUs 
that may have a direct working relationship with the RSAU but are not 
included in the definition of parent agency. For example, the Bureau of 
Labor Statistics (BLS) has a direct working relationship with units 
within the Employment and Training Administration and the Occupational 
Safety and Health Administration in the Department of Labor (DOL). 
While not explicitly within the parent agency definition, these DOL 
units or components with a direct working relationship with BLS are 
still required to comply with this regulation within the context of 
that relationship. As discussed further below, the final rule adds 
Sec.  1321.3(e), which requires that any other agency or component not 
within the definition of parent agency that has a direct working 
relationship with a RSAU must uphold the same responsibilities as a 
parent agency to the extent that a responsibility applies. In this 
example, this means that the DOL units with direct working 
relationships with BLS are effectively parent agencies to the extent 
that any parent agency responsibility applies in the context of that 
relationship.
    Image 1 is a diagram of a possible structure to show the RSAU, 
parent agency, and component relationships. The RSAU is green (pattern 
with diagonal stripes), the parent agency is orange (pattern with 
dots), and components that are not an RSAU or within the definition of 
parent agency are blue (solid).
[GRAPHIC] [TIFF OMITTED] TR11OC24.010

    Chief Statistician of the United States. The proposed rule used 
different terms to refer to the Chief Statistician of the United 
States, including in some places including text to specify that it 
referred to the Chief Statistician of the United States ``appointed 
under 44 U.S.C. 3504(e)(7)'' and in some places leaving this out. To 
promote clarity and consistency in the final rule, the final rule adds 
a definition of Chief Statistician of the United States, which is 
defined as the Chief Statistician appointed under 44 U.S.C. 3504(e)(7). 
OMB uses this defined term throughout the final rule and has therefore 
removed the reference to ``appointed under 44 U.S.C. 3504(e)(7)'' 
elsewhere in the regulatory text.
    OMB finalizes all other definitions in Sec.  1321.2 as they were 
proposed.

C. Sec.  1321.3--General Provisions

    This section describes the scope of the rule; the impact on 
existing OMB guidance and policies, including that this rule supersedes 
any provisions within Statistical Policy Directives that conflict; and 
the parties responsible for carrying out this rule. OMB received one 
comment related to Sec.  1321.3(d) of the proposed rule which directs a 
parent agency and RSAU to discuss and determine how to address 
deviations from the standard parent agency-level process to ensure 
compliance with 5 CFR part 1321 and other applicable laws and rules 
when appropriate or necessary. The commenter suggested that the final 
rule include language to clarify how such determinations will be 
resolved when the parent agency and RSAU disagree or cannot reach an 
agreement and suggest that in such cases the Chief Statistician of the 
United

[[Page 82460]]

States be the mediator and be empowered to make the final 
determination. OMB appreciates this comment, but does not believe it is 
necessary to establish such a requirement as a general provision at 
this time. OMB will monitor these situations and consider future 
rulemaking if necessary. OMB expects the parent agency and RSAU will 
resolve any areas of disagreement within the hierarchy of the parent 
agency, in consultation with OMB on interpretation of the requirements 
in this rule, as needed, and further expects the head of the parent 
agency to retain responsibility for final determinations, when 
appropriate.
    The final rule adds new Sec.  1321.3(e) to ensure all agencies are 
fulfilling their statutory responsibilities, which is necessary because 
of the revision to the parent agency definition. In the proposed rule, 
parent agency was defined more broadly than the final rule to cover all 
agencies regardless of whether the agency has a direct relationship 
with the RSAU. As revised, parent agency extends to certain parts of 
agencies that contain an RSAU, detailed above, and as such, to ensure 
that all agencies continue to be required to uphold their 
responsibility to enable, support, and facilitate RSAUs in upholding 
their fundamental responsibilities, OMB added this provision. The 
provision at Sec.  1321.3(e) clarifies and reinforces that all 
agencies, if engaged with RSAUs, must uphold any applicable 
responsibilities of a parent agency. The final rule states that when an 
agency or component has a direct working relationship with an RSAU, the 
agency or component must uphold the responsibilities of a parent agency 
under this part to the extent that a responsibility applies. For 
example, when another agency or component is working with an RSAU to 
access confidential statistical data or to produce a new statistical 
product, that agency or component is responsible for complying with 
confidentiality requirements in Sec.  1321.8 and deferring to or 
delegating responsibility to the RSAU with regard to decisions about 
statistical methodology and quality standards.
    The final rule includes new Sec.  1321.3(f) that provides that 
RSAUs should consult with the Office of the Chief Statistician of the 
United States on any implementation challenge that may arise under this 
rule or other statistical laws. OMB has added this provision to clarify 
the working relationship between RSAUs and the Office of the Chief 
Statistician of the United States.
    OMB finalizes all other provisions of Sec.  1321.3 as they were 
proposed.

D. Sec.  1321.4--Supporting the Four Fundamental Responsibilities

    This final rule defines the fundamental responsibilities of RSAUs 
at Sec.  1321.4 as they are codified in 44 U.S.C. 3563(a)(1). As 
discussed elsewhere in this preamble, these fundamental 
responsibilities are
    (1) 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.
    OMB proposed requirements at Sec.  1321.4 to bolster RSAUs' ability 
to fulfill their fundamental responsibilities in order to protect and 
enhance public trust in RSAUs, and enhance public trust in their 
statistical products.
    In general, OMB made several revisions to Sec.  1321.4 to 
streamline and reorganize provisions to improve clarity and readability 
and address public comments. OMB finalizes the rule with an updated 
title for Sec.  1321.4 to more accurately reflect the provisions within 
the section. OMB removed ``bear the responsibilities'' language from 
two provisions for clarity and readability.
    OMB received overall support for Sec.  1321.4 of the proposed rule. 
One commenter emphasized how this section of the proposed rule was 
fundamental to the rule itself and critically important, as it makes 
explicit the fact that RSAUs carry the responsibility of fulfilling the 
fundamental responsibilities, whereas parent agencies play a key role 
in supporting the ability of the RSAU to meet their responsibilities.
    OMB also received specific comments on certain provisions in this 
section of the proposed rule. Two commenters noted that better 
education, communication, and collaboration requirements between RSAUs 
and parent agencies would promote better outcomes. One commenter noted 
that awareness of RSAU responsibilities and structures would complement 
the rule's emphasis on increased communication between RSAUs and their 
parent agencies. This commenter noted that communications conducted 
under the umbrella of the proposed rule have the potential to improve 
the utility of collected statistics and avoid the collection of 
irrelevant statistical data. The other commenter noted in particular 
the need to collaborate and coordinate with key evidence and data 
officials to preserve the vision of the Evidence Act. In response this 
comment, OMB is adding a new provision to the final rule at Sec.  
1321.4(b) which requires the heads of RSAUs and parent agencies to 
engage in regular communication and seek to educate each other. This 
communication should be targeted toward improving collaboration between 
the units in support of better meeting the responsibilities outlined in 
this part.
    Two commenters noted the need to promote sustainability and 
innovation within the Federal statistical system through requirements 
on RSAUs to seek improvements to their collections and methods. In 
response to these public comments, the final rule also adds a new 
provision at Sec.  1321.4(d) related to innovation and burden 
reduction. Section 1321.4(d)(1) requires each RSAU to continually seek 
to improve their statistical products and methods and engage in 
research to support innovation in data collection, analysis, and 
dissemination, among other statistical activities. In addition, another 
commenter suggested adding a requirement on RSAUs to minimize burden. 
In response, OMB finalizes at Sec.  1321.4(d)(2) a requirement that 
each RSAU maximize the utility and minimize duplication of statistical 
products, as well as minimize the burden on their respondents, 
including by engaging with each other to identify opportunities to 
better meet these goals. The PRA requires all Federal agencies to 
maximize utility, minimize duplication, and minimize burden. This rule 
builds on this requirement and requires further engagement and 
consultation across RSAUs to better identify where duplication is 
occurring and to address it where found.
    Several commenters strongly supported the requirements that were 
proposed at Sec.  1321.4(b) related to websites and branding. Several 
commenters emphasized the importance of RSAU branding so that users 
know they are using trusted data provided and protected by strict legal 
protections of the Federal statistical system. One commenter expressed 
the importance of RSAUs to maintain independently branded websites as 
proposed at Sec.  1321.4(b), in order to emphasize independence and 
engender public trust in that independence. This commenter cited the 
Bureau for Labor Statistics and Bureau of Economic Analysis for being 
forerunners in this regard. Other commenters expressed the value of 
branding as it will allow for the identification of the responsible 
agency, and precludes the possibility that

[[Page 82461]]

questions about a given statistic or statistical method would go to an 
entity that does not have professional knowledge and understanding of 
said statistic or method. These commenters and several others suggested 
that the requirement related to branding apply beyond websites and 
include all reports and products produced by the RSAU. OMB agrees and 
accepts these comments. OMB has revised the final rule at Sec.  
1321.4(e)(3) to require RSAUs to include clear branding with the name 
of the RSAU on all websites, statistical products, and press releases.
    Several commenters suggested that RSAU branding as well as the 
development and maintenance of RSAU websites that was proposed at Sec.  
1321.4(b) be coordinated through the Office of the Chief Statistician 
of the United States. One commenter provided several examples of ways 
OMB, through the Office of the Chief Statistician of the United States, 
could support such efforts, such as a feeder or indexing website for 
all statistical agencies, by coordinating website design choices across 
agencies to make the system easier to use, or establishing 
interoperability standards or a single format for scientific citations. 
The commenter cited reduced costs and more coordination to show 
relationships between statistical agencies as reasons for implementing 
such efforts. Several commenters also identified a value in coordinated 
branding across RSAUs. One commenter stated that coordinated branding 
could strengthen the shared independence of RSAUs and therefore 
engender more public trust.
    OMB generally agrees the Office of the Chief Statistician of the 
United States has an important coordination role across the Federal 
statistical system. Indeed, in early 2023, StatsPolicy.gov was launched 
to provide a centralized location for finding information about Federal 
statistical system. However, at this time, OMB is of the view that 
RSAUs should maintain their own websites rather than having a 
centralized one that is managed by OMB because each RSAU has different 
policies, rules, and statutes to adhere to. Therefore, the final rule 
at Sec.  1321.4(e)(2) continues to require that the RSAU maintain a 
website clearly branded with the name of the RSAU to provide 
information to providers, data users, and the general public. However, 
OMB does agree with commenters regarding the benefit in coordinated 
branding across the Federal statistical system and therefore the final 
rule at Sec.  1321.6(e)(1) requires RSAUs to participate in the 
development of coordinated and complementary system-wide branding in 
collaboration with the Chief Statistician of the United States. This 
branding does not supplant the individual branding for each RSAU. This 
branding will complement individual branding to promote a more 
cohesive, seamless statistical system, in support of achieving the 
ICSP's vision to operate more seamlessly as a system. This branding 
should appear on relevant websites and products, including on 
StatsPolicy.gov.
    The proposed rule at Sec.  1321.4(b) required that each RSAU 
``maintain'' a website. One commenter suggested the use of ``have 
control of'' rather than the word ``maintain.'' OMB appreciates this 
comment but does not think that it is necessary to make this change. 
The proposed rule at Sec.  1321.4(b)(1)(i) through (iii) and this rule 
as finalized at Sec.  1321.4(f)(1) through (3), provides detailed 
requirements to parent agencies that are intended to ensure that RSAUs 
maintain control of their websites. More specifically, as finalized at 
Sec.  1321.4(f)(1) through (3), parent agencies are required to ensure 
that each RSAU has (1) sufficient resources to develop and maintain its 
website; (2) the necessary authority and autonomy to determine the 
content, functionality, appearance, and layout of its website; and (3) 
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 RSAU. OMB 
believes that this detail provides the adequate direction to both RSAUs 
and parent agencies regarding the RSAU's responsibilities and 
authorities regarding its website.
    As discussed elsewhere in this rule, several non-substantive 
changes were made to this section of the rule to improve clarity and 
readability. The requirements of proposed Sec.  1321.4(b) are 
reorganized into Sec.  1321.4(e) and (f) to clarify the 
responsibilities for RSAUs and those of parent agencies regarding 
websites and branding.
    At Sec.  1321.4(c), the proposed rule outlined requirements related 
to the appropriate resources the heads of RSAUs should have with 
respect to their statistical products and statistical information. The 
final rule separates these requirements into two parts: (1) 
requirements related to budget formulation, which are finalized at 
Sec.  1321.4(g) and (2) requirements related to RSAU capacity to carry 
out their fundamental responsibilities, which are finalized at Sec.  
1321.4(h). Both paragraphs include non-substantive changes for clarity 
and readability. The final rule streamlines language at Sec.  1321.4(g) 
to clarify the importance of each RSAU having the appropriate resources 
to carry out the fundamental responsibilities. The provisions that were 
proposed at Sec.  1321.4(c)(1) through (3) are being finalized at Sec.  
1321.4(g) and (h)(1) through (3) with changes described in this 
preamble to emphasize the role of the parent agency in the budget 
formulation process and to further encourage collaboration and 
communication between the RSAU and the parent agency.
    OMB received several comments regarding proposed Sec.  1321.4(c)(1) 
through (3). With regard to these provisions, one commenter supported 
RSAUs having their own budgets within their parent agency, and 
encouraged OMB also to require cross-cut budgets that demonstrate how 
statistical agencies work together and a Statistical Programs Budget to 
help communicate needed increases in the Chief Statistician's budget. 
Another commenter cautioned that the provision to require separate RSAU 
budgets may have an adverse effect by presenting unintended limitations 
on an RSAU's ability to leverage budget authorities effectively, which 
may limit the Federal statistical system's ability to grow and innovate 
and prevent smaller units from seeking recognition as a statistical 
agency or unit if they are unable to bear the additional administrative 
burden. Another commenter suggested promoting transparency and 
completeness in budget requests by requiring RSAUs to include funding 
sources such as set-asides in their budget requests and suggested 
further that if any agency's staffing level is determined through a 
separate agency account, the staffing levels and the requested changes 
for the RSAU be included as part of the budget request.
    OMB appreciates these comments and has made changes to the final 
rule to clarify the requirements as follows: OMB finalizes Sec.  
1321.4(c)(1) of the proposed rule at Sec.  1321.4(g)(1)-(2) of the 
final rule. Paragraph (g)(1) clarifies that, within the parent agency's 
budget submission, the RSAU's budget request should be presented 
separately. The RSAUs' budget requests should clearly present requests 
that would support cross-agency statistical priorities and investments, 
such as for implementation of the Standard Application Process required 
under 44 U.S.C. 3583 and related guidance. In the cases where RSAUs 
also receive funds through other sources, such as set-asides, such 
funds and their sources should be clearly stated with the budget 
request. Further, if an agency's staffing level is determined through a 
separate agency account, the staffing levels and the

[[Page 82462]]

requested changes for the RSAU should be included as part of the budget 
request. In paragraph (g)(2), OMB clarifies the requirement for RSAUs 
to have an opportunity to participate in budget discussions with OMB by 
requiring the parent agency to provide the opportunity to the RSAU when 
such discussions specifically pertain to the RSAU's budget.
    In the proposed rule, Sec.  1321.4(c)(2) contained two provisions. 
The first required the parent agency, to the extent practicable, to 
make necessary resources available to the RSAU if the parent agency or 
the RSAU determines that the RSAU lacks sufficient resources. The 
second required the parent agency and the RSAU to notify OMB if the 
necessary resources could not be made available. One commenter 
cautioned that the responsibility of the parent agency to provide 
resources to RSAUs could impact the relationship between the parent 
agency and the RSAU. Another commenter suggested that objective 
criteria be developed to evaluate whether an agency has sufficient 
resources to carry out its fundamental responsibilities because the 
parent agency and the RSAU may have different views of what constitutes 
necessary resources. This commenter also stated that an RSAU should 
have a role in identifying if resources are sufficient.
    OMB appreciates these comments and will consider working with RSAUs 
to understand whether objective criteria would be useful and effective. 
Further, OMB will monitor and assess whether any of the requirements of 
this rule impede agencies or units from seeking recognition as an RSAU. 
As discussed in the preamble to the proposed rule, parent agencies must 
also allow sufficient autonomy and authority to the RSAU to determine 
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.
    In the final rule, to better clarify the process and to provide a 
better distinction between general discussions of capacity and specific 
discussions of budget formulation, Sec.  1321.4(c)(2) of the proposed 
rule is finalized in the final rule at Sec.  1321.4(g)(3) and (h)(1) 
and (2). Section 1321.4(g)(3) of the final rule requires the parent 
agency, in the annual budget formulation process, to provide a written 
explanation to OMB as part of the parent agency's budget submission 
when the budget request lacks sufficient resources for the RSAU to 
carry out its responsibilities under this final rule. In this written 
explanation, the parent agency must explain the programmatic 
implications of the requested funding levels and what tradeoffs would 
be necessary within the parent agency to make necessary resources 
available to the RSAU.
    New paragraph (h)(1) finalizes the first sentence of Sec.  
1321.4(c)(2) of the proposed rule with changes to clarify that ensuring 
the RSAU has capacity to carry out this final rule is a joint 
responsibility of RSAUs and parent agencies and should be done in a 
collaborative manner. Therefore Sec.  1321.4(h)(1) of the final rule 
states that if the parent agency and the RSAU identify a lack of 
capacity to meet the fundamental responsibilities (e.g., through the 
agency Capacity Assessment required by Title I of the Evidence Act or 
other means), the parent agency and the RSAU should jointly develop 
options to address capacity needs and, to the extent practicable, make 
the necessary resources available. Efforts should include exploring all 
possible funding options and alternative solutions that could achieve 
these goals. The final rule at Sec.  1321.4(h)(2) requires that if the 
RSAU finds, after all efforts with the parent agency are exhausted, 
that it still does not have the necessary capacity to carry out its 
responsibilities under this final rule, the head of the RSAU should 
submit to the Chief Statistician of the United States and the relevant 
Resource Management Office in OMB a written explanation of the expected 
capacity deficit, including an estimate of the amount of resources, 
labor, or other support needed to address the capacity deficit and a 
detailed description of the anticipated impact of the current capacity.
    The proposed rule at Sec.  1321.4(c)(3) is finalized largely as 
proposed in the final rule at Sec.  1321.4(h)(3), with updates to the 
last sentence of paragraph (h)(3)(v) to reflect the updated language in 
Sec.  1321.4(g) of the final rule.
    The proposed rule at Sec.  1321.4(c)(4) presented two options to 
promote collaboration between RSAUs and parent agencies to establish 
joint requirements for services to be shared across RSAUs and other 
agencies (whether within the same organization or across 
organizations), hereinafter referred to as ``shared services.'' As 
discussed in the proposed rule, OMB recognizes the value of shared 
services and the efficiencies and cost savings they can generate. The 
proposed rule requested comments on two methods of achieving this 
collaboration between RSAUs and parent agencies. Under Option A in the 
proposed rule, each parent agency would be required to enter into a 
written agreement with an RSAU when providing any service to the RSAU. 
Under Option B, parent agency officials are required to consult the 
RSAU prior to making or renewing an award for services or software that 
would directly affect the RSAU and are only required to enter into a 
written agreement if requested by the head of the RSAU or the head of 
the support component.
    The majority of commenters supported option B, which this final 
rule adopts at Sec.  1321.4(h)(4). Commenters stated that they 
preferred option B because it would clarify the role of the parent 
agency in providing sufficient resources or services and because of the 
strength it provides to the heads of RSAUs, which is critical to 
promoting trust in the agency. One commenter recommended that the 
agreements between RSAUs and parent agencies be reviewed and re-signed 
on a regular basis, such as every five years, to ensure necessary 
updated and continues compliance with such agreements. For the reasons 
outlined in the preamble to the proposed rule, OMB is finalizing option 
B. The provisions proposed at Sec.  1321.4(d) are being finalized at 
Sec.  1321.4(i) as proposed. One commenter provided suggested revisions 
to three aspects of this language. In particular, the commenter 
suggested changing ``may'' to ``shall'' in proposed Sec.  1321.4(d)(1), 
adding ``and the Chief Statistician of the United States'' to the end 
of proposed Sec.  1321.4(d)(3), and removing ``may'' from proposed 
Sec.  1321.4(d)(4)(ii). OMB appreciates these suggestions but does not 
accept them. OMB does not believe it is appropriate to require 
delegation in every instance but does believe it is important that the 
option for delegation exist. In addition, the Chief Statistician of the 
United States does not need to know every delegation determination made 
by the RSAU or be consulted in every instance. The final rule requires 
that RSAUs have the appropriate decision-making authority within their 
agencies for the specified activities. (Appropriate is described 
further in the relevant key provisions above for the RSAU.) One of the 
most challenging institutional factors affecting the fundamental 
responsibilities are overlapping or unclear lines of authority between 
the heads of RSAUs and other parent agency officials with authorities 
that directly affect the fundamental responsibilities, such as Chief 
Data Officers, Evaluation Officers, Chief Information Officers, Senior 
Agency Officials for Privacy, and others.

[[Page 82463]]

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. This rule identifies the decisions and authorities that 
are key to the ability of an RSAU to uphold its fundamental 
responsibilities and requires either delegation to or consultation with 
the head of the RSAU.
    The final rule finalizes at Sec.  1321.4(c) the provisions 
regarding the development and revision of policies that were proposed 
at Sec.  1321.4(e) in the proposed rule. OMB proposed that the revision 
of policies happen within 1 year of the effective date of the rule and 
offered 2 years as a regulatory alternative. OMB did not receive 
comments on the effective date for the revision of policies, and as 
such, maintains the 1-year timeline. OMB did not receive any comments 
on this section of the rule. OMB added text to clarify that where the 
rule requires that the parent agency revise existing rules, policies, 
procedures, and organizational structures that impede an RSAU's ability 
to comply with this regulation, the parent agency must also undertake 
the actions necessary to be able to comply with the rule. This is 
especially important where this rule includes a mandate that is 
required unless otherwise prohibited by statute, such as in Sec. Sec.  
1321.4(i), 1321.6(b)(1), 1321.7(b)(2), and 1321.8(b)(1), where the 
agency may need to take steps to comply with any Administrative 
Procedure Act requirements in carrying out the requirements under this 
rule.
    Proposed Sec.  1321.4(e) directs parent agencies to review their 
rules, policies, and practices, and revise any that impede an RSAU's 
ability to meet its statutory responsibilities because agency rules, 
policies, and practices are so central to accomplishing the purpose of 
44 U.S.C. 3563(b). The existing rules, policies, and practices of the 
parent agency can affect an RSAU's ability to meet its fundamental 
responsibilities in several ways. Rules, policies, and practices that 
require review and approval from officials external to the RSAU 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 RSAU. Actual or perceived 
undue influence harms the RSAU and the parent agency, undermining trust 
and support for both. Parent agencies must assess their rules, 
policies, and practices and revise any that do not enable, support, and 
facilitate the ability of their RSAU to meet their fundamental 
responsibilities. If disagreements arise between RSAU and the parent 
agency as to the revision of any parent agency rule, policy, or 
practice, the head of the RSAU and the relevant officials at the parent 
agency may contact OMB through the Administrator of OIRA to discuss and 
resolve.
    OMB is finalizing at Sec.  1321.4(j) in the final rule the 
provisions related to the delegation of duties that were proposed at 
Sec.  1321.4(f) in the proposed rule, with some non-substantive changes 
for clarity and consistency with existing statutory authority. 
Commenters were in strong support of the provisions which require OMB 
to conduct its coordination of Federal information policy in a manner 
consistent with the Evidence Act and this rule and to delegate the 
management of OMB's statistical functions to the Chief Statistician. 
The policy embodied in the Evidence Act's requirement under 44 U.S.C. 
3563(b) for the head of each agency to enable, support, and facilitate 
RSAUs in carrying out their fundamental responsibilities extends to 
OMB. Notably, OMB has a variety of authorities that directly affect the 
ability of RSAUs to meet their responsibilities. OMB will exercise 
those authorities in a manner consistent with the Evidence Act 
requirements and this final rule.
    The proposed rule at Sec.  1321.4(f)(2) required OMB to delegate 
the authority to perform the functions described in 44 U.S.C. 3504(e). 
The purpose of that provision was to ensure that the Chief Statistician 
of the United States, a position that was created to coordinate and 
oversee the Federal statistical system, had the authority to ensure the 
efficiency and effectiveness of the Federal statistical system and to 
ensure OMB policies supported the objectivity and accuracy of 
statistical products generated by RSAUs. OMB is finalizing the rule 
with a change to this provision to clarify and reaffirm the existing 
authority of the Chief Statistician of the United States to perform the 
statistical policy coordination under section 3504(e).
    Section 3504(e)(7) specifies that the Chief Statistician of the 
United States must be ``a trained and experienced professional 
statistician'' and confers on the Chief Statistician the authority ``to 
carry out the 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. Section 3504(e)(7) ensures that the Chief 
Statistician of the United States has the necessary authority within 
OMB to carry out these functions in an objective, impartial, and timely 
manner that only takes into account statistical considerations, and 
without interference. As such, the Chief Statistician of the United 
States already has the authority the proposed rule was requiring OMB to 
delegate and the delegation in the proposed rule was unnecessary and 
would not have provided any additional authority.
    As finalized, Sec.  1321.4(j) 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 final rule supports that role by retaining the requirement 
for the responsibilities pertaining to the approval of information 
collections submitted by RSAUs be delegated to the Chief Statistician 
of the United States. In recognition of the existing statutory 
delegation of such responsibility to the Administrator of OIRA, the 
final rule requires that the Administrator delegate the 
responsibilities pertaining to the approval of information collections, 
rather than the Director of OMB. The final rule also retains the 
requirement for the Director of OMB to delegate the authority to carry 
out the responsibilities under subchapter III of chapter 35 of Title 44 
of the U.S. Code to the Chief Statistician of the United States. The 
proposed rule also required the Director of OMB to delegate 
responsibilities under 44 U.S.C. 3562. However, section 3562 is part of 
subchapter III of chapter 35 of Title 44 of the U.S. Code, which means 
the separate delegation of authority is unnecessary. That provision has 
therefore been removed only to improve the clarity of the final rule 
and not as a substantive change from the proposed rule.

[[Page 82464]]

E. Sec.  1321.5--Relevance and Timeliness

    The first fundamental responsibility of RSAUs is to produce and 
disseminate relevant and timely statistical information. This 
responsibility recognizes the high value of some statistical products. 
The Evidence Act entrusts RSAUs with the responsibility of making 
judgments about balancing the value of their statistical products 
against their costs, burden, and risk, which can change over time. 
Congress maintained the high expectations about RSAUs' expertise in and 
commitment to producing the most relevant statistics by placing this 
responsibility on RSAUs.
    One commenter suggested changes to proposed Sec.  1321.5(a) to 
``strengthen the position of the RSAUs to meet their responsibilities 
without interference'' and suggested modifying the language in Sec.  
1321.5(a) to speak to the responsibilities of the parent agency. OMB 
agrees that RSAUs must be able to determine what statistical products 
to disseminate without interference from parent agencies. OMB believes 
this is addressed by Sec.  1321.5(b)(1) in the final rule, which speaks 
to the responsibilities of parent agencies with regard to the review of 
statistical products prior to release. In addition, OMB notes that OMB 
Statistical Policy Directive Nos. 3 and 4 remain in place and provide 
guidance on such policies.\35\ Thus, the final rule does not include 
any changes in response to this comment.
---------------------------------------------------------------------------

    \35\ Id.; Off. of Mgmt. & Budget, Exec. Off. of the President, 
Update of Statistical Policy Directive No. 3: Compilation, Release, 
and Evaluation of Principal Federal Economic Indicators--Changing 
Timing of Public Comments by Employees of the Executive Branch, 89 
FR 11873, 11877-78 (Feb. 15, 2024), available at https://www.govinfo.gov/content/pkg/FR-2024-02-15/pdf/2024-02972.pdf.
---------------------------------------------------------------------------

    Multiple commenters noted support for Sec.  1321.5(b)(1)(i), which 
requires consultation with parent agency officials to assess and seek 
improvements to the relevance of statistical products, and suggested 
that the consultation expand beyond the parent agency to include 
Congress, other parts of the Executive Branch, and the Judicial branch. 
One commenter suggested that each agency establish a Federal Advisory 
Committee. OMB agrees broader consultation would be beneficial but 
believes only the parent agency consultation should be required under 
all circumstances. OMB believes that other entities, such as State, 
local, territorial, and Tribal governments should also be consulted, as 
deemed necessary by the head of the RSAU. OMB does not agree with 
prescribing the approach for such consultation, for example through a 
Federal Advisory Committee. As such, OMB has revised Sec.  
1321.5(b)(1)(ii) to require consultation, as the head of the RSAU 
determines is appropriate, with other data users, including Congress, 
State, local, territorial, or Tribal governments, and other parts of 
the Executive Branch without explicitly prescribing the approach for 
such consultation. OMB does not enumerate all of the possible entities 
with which RSAUs could consult and expects that RSAUs will include 
other entities in consultation as appropriate for their needs.
    Multiple comments discussed the publication schedule and its 
importance for transparency. One commenter suggested adding a provision 
for the parent agency not to interfere with the release dates or the 
content of those releases. Another commenter suggested that, after the 
schedule has been published, any change to the schedule should be 
communicated to the Chief Statistician of the United States and 
publicly announced and be accompanied by a detailed explanation for 
such change. OMB appreciates this input and has added a requirement at 
Sec.  1321.5(d)(1)(v) to notify the Chief Statistician of the United 
States of any changes to the schedule for any regular and recurring 
statistical products. OMB believes that this final rule, in conjunction 
with existing OMB Statistical Policy Directive Nos. 3 and 4, 
sufficiently addresses the other concerns raised by commenters.
    OMB also made other edits to this provision in the final rule for 
clarity and streamlining. In particular, OMB revised proposed Sec.  
1321.5(d)(1)(i) to combine the provision from proposed Sec.  
1321.5(d)(1)(ii) into Sec.  1321.5(d)(1)(i). In addition, OMB added 
``on the schedule required under paragraph (d)(1)(i)'' to proposed 
Sec.  1321.5(d)(1)(ii) to clarify specifically where RSAUs publish the 
release dates and finalized this at Sec.  1321.5(d)(1)(ii). Finally, 
OMB revised proposed Sec.  1321.5(d)(1)(iv) to replace ``office'' with 
``point of contact'' to account for smaller agencies and finalized this 
provision at Sec.  1321.5(d)(1)(iii).
    Other comments addressed the alignment of the provisions related to 
relevance and timeliness in this rule with other data-related policies, 
including customer experience policies, learning agendas, and user 
experience testing policy, which are outside the scope of the 
fundamental responsibilities. OMB reminds agencies that they must 
ensure proper adherence to all relevant statutes, rules, policies, and 
guidance and encourages agencies to review all relevant requirements in 
conjunction with this final rule to ensure alignment, as applicable. 
OMB did not incorporate any requirements in this rule that were not 
directly tied to the fundamental responsibilities of RSAUs. As such, 
OMB has not made modifications to the rule based on this set of 
comments.
    Finally, one comment addressed the accessibility of data and 
recommended that OMB ensure ``inclusivity for diverse abilities.'' OMB 
believes it is important to ensure data are accessible to all, with 
appropriate safeguards to maintain protection of confidential 
statistical data and adherence to relevant statutes, rules, policies, 
and guidance. For example, it is important to ensure that any means of 
accessing statistical data, such as through systems, platforms, 
software, or other means, comply with requirements for data protection 
and security to prevent inappropriate or inadvertent access to 
confidential statistical data. OMB has not modified any provisions in 
response to this comment, but continues to encourage agencies to work 
with stakeholders to understand their needs for access and address them 
to the extent practicable.
    OMB finalizes all other provisions of Sec.  1321.5 as they were 
proposed.

F. Sec.  1321.6--Credibility and Accuracy

    The second fundamental responsibility of RSAUs 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 RSAU in developing the statistical product 
promotes credibility in its methods and processes. Section 1321.6 
describes several actions that RSAUs must take to build and protect 
their credibility so that they can fill this role effectively.
    OMB modified some provisions in Sec.  1321.6 in response to public 
comments. One comment stated general support for this section, 
specifically highlighting the inclusion of proposed Sec.  1321.6(b)(1) 
and suggested that

[[Page 82465]]

additional guidance ``would help clarify these responsibilities and 
address them from the vantage of trust.'' OMB appreciates the comment 
and will consider it in the context of developing future policies.
    One comment provided specific edits to proposed provisions Sec.  
1321.6(b)(3) and (4) to ``strengthen the position of the RSAUs to meet 
their responsibilities without interference.'' Specifically, this 
commenter suggested that OMB revise Sec.  1321.6(b)(3) to read as 
follows:

    [Permit] Delegate to Recognized Statistical Agencies and Units 
the responsibility to determine [if] whether statistical 
disseminations, including related statistical press releases or 
publicity materials not containing policy pronouncements, [are to] 
should be disseminated by or through a parent agency and, if so, 
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.

    OMB accepts some of the editorial updates suggested but does not 
accept the proposed update from ``permit'' to ``delegate'' as suggested 
because OMB does not believe delegation is appropriate or necessary in 
this situation.
    The commenter further suggested the following revision to Sec.  
1321.6(b)(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 review or approval from 
outside of the Recognized Statistical Agency or Unit, unless such 
approval is required by law;

    OMB does not accept the proposed addition of ``review or'' before 
``approval from outside of the Recognized Statistical Agency or Unit'' 
in proposed Sec.  1321.6(b)(4) because there are times when it is 
appropriate for a review to occur, such as reviews that are required by 
law or to verify non-statistical issues are not present in the 
materials.
    Another comment suggested clarifying what ``appropriate behavior 
would be to more clearly denote what is acceptable and unacceptable 
behavior'' in the context of a ``potential for discrimination against 
staff whose professional interests may not align with that of those of 
their respective agencies.'' Based on this comment, OMB added a new 
provision Sec.  1321.6(a)(5) to the final rule to indicate that RSAUs 
should determine the appropriateness of affording their staff 
professional autonomy and how this will be achieved, while adhering to 
the requirements of any applicable statutes. This provision seeks to 
incorporate more clearly the need for staff at RSAUs to be able to 
engage in professional activities, while making sure there is still 
accountability for staff time and resources.
    In addition to modifications in response to comment discussed 
above, OMB made a clarifying edit to Sec.  1321.6(a)(1)(iii) to specify 
that that the RSAU must assess the data quality for the statistical 
purposes of the RSAU and not for other purposes for which the data may 
be used by other components. This provision requires that the RSAU work 
with the CDO and Evaluation Officer to develop policies for such 
assessment of data that originates from outside of the RSAU to ensure 
the RSAU is properly assessing the data quality for the RSAU's 
statistical purposes. Also, OMB revised the list of terms in Sec.  
1321.6(a)(2)(i) to align more closely with the terms outlined in 
Statistical Policy Directive No. 1 for clarity. In addition, OMB 
revised Sec.  1321.6(b)(4) to add ``and that do not contain legally 
privileged information'' for clarity. OMB also revised proposed Sec.  
1321.6(b)(4)(i) introductory text and (b)(4)(i)(A) and (B) into final 
Sec.  1321.6(b)(4)(i) and (ii) for clarity and streamlining while 
covering the same concepts. Finally, OMB moved proposed Sec.  
1321.6(b)(4)(ii) to Sec.  1321.6(a)(5)(ii) in the final rule to 
appropriately align the requirement with the other RSAU requirements in 
Sec.  1321.6(a).
    OMB finalizes all other provisions of Sec.  1321.6 as they were 
proposed.

G. Sec.  1321.7--Objectivity

    The third fundamental responsibility of RSAU 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 transparent and policy-neutral; 
therefore, this final rule includes requirements to bolster an RSAU's 
ability to be an impartial source of information. OMB proposed to 
establish responsibilities regarding objectivity for RSAUs at Sec.  
1312.7(a) and for parent agencies at Sec.  1312.7(b). The proposed rule 
adopted several provisions related to objectivity that RSAUs and parent 
agencies are already following through their adherence to Statistical 
Policy Directive No. 1. After considering the public comments, OMB is 
finalizing Sec.  1321.7 largely as proposed.
    OMB made some general revisions to this section to streamline 
provisions to improve clarity and readability and also made some 
targeted revisions to address public comments. OMB revised Sec.  
1321.7(a)(4) to move the last phrase of the provision ``in accordance 
with this section and applicable law and policy'' to the beginning of 
the provision for clarity. OMB also added ``legally privileged 
information'' to the list of nonstatistical matters in Sec.  
1321.7(b)(1) that a reviewer outside RSAU may review and added to the 
end of the provision ``or matters affecting current or future 
litigation'' for clarity. OMB made changes to Sec.  1321.7(b)(4) to 
remove the requirements related to the RSAU having the necessary 
resources because this requirement is addressed in section Sec.  1321.4 
of this final rule. Changes were also made to clarify that the 
resources of the RSAU are managed by the RSAU in accordance with their 
fundamental responsibilities as described in this final rule. OMB 
identified that Sec.  1321.7(b)(4)(ii) included some text on content, 
functionality, appearance, and layout of the RSAU website duplicative 
of Sec.  1321.4 and revised Sec.  1321.7(b)(4)(ii) to remove the 
duplicative text while retaining the remainder of the provision.
    OMB received a few comments regarding this section of the proposed 
rule. One commenter suggested adding ``including to the Parent Agency'' 
after ``data users'' in proposed Sec.  1321.7(a)(2)(ii). OMB believes 
this call out is unnecessary and did not change the provision in the 
final rule. One commenter suggested several line edits to different 
provisions in this section. One edit suggested that Sec.  1321.7(b)(1) 
add ``review or'' in front of ``clearance.'' OMB did not accept this 
suggestion because some level of review may be necessary to verify the 
statistical products do not contain nonstatistical aspects such as 
policy, budget, or management. Another commenter suggested adding ``and 
for reporting on the results of those activities'' to the end of the 
first sentence of proposed Sec.  1321.7(b)(2). OMB accepted this 
suggestion in the final rule, but updated the language to use defined 
terms from this rule, so the addition is ``and for disseminating 
statistical products.'' Another comment suggested adding ``, including 
its archiving'' to the end of proposed Sec.  1321.7(b)(5)(i). OMB 
accepted this addition in the final rule with a minor modification to 
read, ``The governance of its data, including the archiving of its 
data.'' One commenter suggested that RSAUs make their

[[Page 82466]]

statistical data available on an equitable basis and that they commit 
to making data as accessible as possible to members of historically 
underserved communities. OMB acknowledges that it is important for 
RSAUs to continue working toward improving equitable data access but 
has not made any changes to the rule based on this comment because OMB 
believes the concepts are covered under other provisions of this rule.
    Two other commenters noted their support for this section and one 
of those strongly encouraged retaining the language in Sec.  1321.7(b) 
in particular. OMB appreciates these comments.
    OMB finalizes all other provisions of Sec.  1321.7 as they were 
proposed.

H. Sec.  1321.8--Confidentiality

    The fourth fundamental responsibility of RSAUs is to protect the 
trust of information providers by ensuring the confidentiality and 
exclusive statistical use of their data. Data providers rely upon RSAUs 
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 RSAUs may have a significant impact on survey 
response rates or on the willingness of a private sector entity (such 
as a private data warehouse) to enter into a contract to provide data 
in bulk to an RSAU and thereby possibly degrade data quality for those 
RSAUs and trust from the public. Statistical Policy 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'' in which 
RSAUs do their work, which builds and sustains the trust of the data 
providers.\36\
---------------------------------------------------------------------------

    \36\ Off. of Mgmt. & Budget, Exec. Off. 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.
---------------------------------------------------------------------------

    In addition to giving data providers confidence that their 
confidential statistical data will be protected, these protections also 
give the general public confidence that RSAUs will be responsible 
stewards of the large amounts of sensitive information with which they 
are entrusted. RSAUs must have the authority to determine the tools, 
practices, and procedures employed to ensure the effective security, 
including physical and logical security, of confidential statistical 
data, as well as to determine how best to protect the confidentiality 
of, and provide appropriate access to, that data. Such determinations 
include whether personnel such as economists, statisticians, data 
scientists, IT specialists, and subject matter experts who access 
confidential statistical data must be directly assigned to the RSAU 
that controls the data.
    OMB finalizes Sec.  1321.8 with revisions to use defined terms for 
clarity. OMB streamlined provisions in Sec.  1321.8(a)(1) and (2) and 
(c) to remove duplication and for clarity. OMB finalizes Sec.  
1321.8(a)(4)(i), which requires notifying respondents of the intended 
use, potential future use, relevance, and confidentiality protections 
of a collection of information by an RSAU, with clarifying language 
about the collections referenced being sponsored by RSAUs and not by 
other parts of the agency, as well as to conform to requirements for 
references from the Office of the Federal Register. OMB notes that the 
notification required under Sec.  1321.8(a)(4)(i) may overlap with 
other notification requirements and RSAUs may consolidate this 
notification with any other notification to the extent that the 
combined notification is clear and easy to understand by the average 
respondent. OMB notes that in Sec.  1321.8(b)(3), which establishes 
requirements for a parent agency's Senior Agency Official for Privacy 
in relation to an RSAU, the term breaches refers to breaches of 
personally identifiable information and should be read as consistent 
with the definition of breach in OMB M-17-12 or subsequent OMB 
guidance.\37\ OMB added a new provision at Sec.  1321.8(b)(4) to ensure 
that the agency Chief FOIA Officer coordinates with the RSAU to ensure 
appropriate application of exemptions in response to Freedom of 
Information Act requests pertaining to RSAU records. This was added to 
parallel the requirement of RSAUs in Sec.  1321.8(a)(2)(i).
---------------------------------------------------------------------------

    \37\ Off. of Mgmt. & Budget, Exec. Off. of the President, M-17-
12, Preparing for and Responding to a Breach of Personally 
Identifiable Information 9 (Jan. 3, 2017), available at https://www.whitehouse.gov/wp-content/uploads/legacy_drupal_files/omb/memoranda/2017/m-17-12_0.pdf.
---------------------------------------------------------------------------

    OMB also revised Sec.  1321.8(c) to include ``and exclusive 
statistical use'' in two places for greater consistency with CIPSEA 
2018. OMB revised Sec.  1321.8(c)(3) to use the defined term ``parent 
agency'' and clarify that ``anyone else'' is included in the provision 
to clarify that no one other than the RSAU head would have the 
authority to grant access to confidential statistical data.
    In addition, OMB considered the comments received on Sec.  1321.8. 
One commenter suggested adding language to encourage collaboration 
among RSAUs so that confidentiality requirements would not be such a 
high barrier for purposes of improving statistics. OMB appreciates this 
input and is not making any changes to the final rule but will consider 
this in the context of forthcoming rules. Another commenter suggested 
specifying that the RSAU will independently (not in collaboration with 
the parent agency) assure confidentiality protection. OMB agrees and 
believes the proposed rule provides for such autonomy in this work and 
has not made any updates to this final rule in response. Another 
suggestion was to delete the phrase ``in collaboration with the 
relevant parent agency'' from proposed Sec.  1321.8(a)(2)(iv). OMB 
agrees that the authority and determination of agent status should be 
left solely to the RSAU head. As part of streamlining to remove 
duplication across Sec.  1321.8, OMB removed proposed Sec.  
1321.8(a)(2)(iv) and keeps provisions in Sec.  1321.8(c) that speak to 
the determination of agency status.
    Another commenter urged that language from Sec.  1321.8(b)(1), 
``which establishes that statistical agencies have the sole authority 
to provide access to confidential statistical data,'' and Sec.  
1321.8(c), ``which provides a process for the head of a statistical 
agency to protect confidential statistical data,'' be retained as 
proposed. This commenter also noted that language in Sec.  1321.8(c)(4) 
``will be helpful in clarifying that the role that statistical agencies 
have to analyze disclosure risk in response to requests for statistical 
data for purposes of evidence-based policymaking in education.'' This 
commenter stated that these provisions would be helpful in maintaining 
and even expanding access to restricted data for research and research-
based policy purposes by data users. OMB appreciates this input and has 
retained the substance of the proposed provisions with some revisions 
for clarity and reorganization. Another

[[Page 82467]]

commenter had two suggestions for this section. One suggestion was to 
add a new provision that would address the idea of a risk-utility 
framework for confidentiality protection. OMB agrees this is an 
important issue and will consider this in the context of forthcoming 
rules.
    OMB finalizes all other provisions of Sec.  1321.8 as they were 
proposed.

I. Sec.  1321.9--Compliance Review

    This final rule seeks to ensure the efficiency and effectiveness of 
RSAUs, 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. Accordingly, the proposed rule 
requested comments on three options to address the need for a review of 
agency compliance with this rule:
    Option A: ICSP Review. This option would direct the ICSP to form a 
Peer Review Committee, which would assess each RSAU and its parent 
agency for compliance with this rule.
    Option B: Council of the Inspectors General on Integrity and 
Efficiency (CIGIE) Review. This option would direct CIGIE to form a 
statistical audit committee, which would designate certain Inspectors 
General (IGs) as statistical auditors and provide those statistical 
auditors with support, education, and resources. Each RSAU and its 
parent agency would be audited for compliance with this rule.
    Option C: Inspector General Review. This option would direct each 
IG of a parent agency containing an RSAU to conduct audits for 
compliance with this rule.
    Nine commenters provided feedback on this section establishing a 
compliance review process. Some commenters disfavored option A, raising 
concerns about a potential bias or lack of independence if the ICSP 
were to conduct the compliance review. Other commenters disfavored 
option C, expressing concern about the potential for IGs to be 
inconsistent across the agencies or that some IGs may lack familiarity 
with the laws and practices of the statistical agencies.
    The majority of commenters recommended option B, which would 
require CIGIE to establish a statistical audit committee to conduct the 
review. Others expressed a preference for option A, which required the 
ICSP to conduct the review. Of those supporting option A, some 
commenters recommended that the ICSP be given authority to select an 
outside entity to alleviate the concern of potential bias. Other 
commenters encouraged OMB to consider another entity entirely, such as 
the Government Accountability Office or the National Academies of 
Sciences, Engineering, and Medicine, or for OMB to conduct the reviews.
    Considering these comments and available resources, and after 
consultation with CIGIE, OMB is finalizing a version that combines 
options B and C. Since 1978, IGs have been conducting audits and 
reviews of agencies to promote the efficiency and effectiveness of 
Federal programs. IGs are uniquely situated to provide an objective and 
independent review of agency operations. Under Sec.  1321.9(a) of this 
final rule, each IG of a parent agency must conduct a review to 
determine whether the parent agency and the RSAU are in compliance with 
this rule and whether the RSAU has sufficient resources to carry out 
the fundamental responsibilities.
    Importantly, the IG compliance review required under this final 
rule should be conducted in compliance with and in the spirit of this 
final rule. This final rule is intended to ensure the autonomy of RSAUs 
and ensure sufficient functional separation. As such, where this final 
rule requires RSAUs to make decisions or requires the parent agency to 
delegate or ensure the RSAU has sufficient authority to make decisions, 
for the RSAU and parent agency to be in compliance with this rule, the 
RSAU would need the authority to make the relevant decisions. The 
compliance review required in this final rule would not cover 
evaluating the decision itself, as the purpose of the policy is to give 
the RSAU autonomy in those decisions specified in this rule.
    For example, under Sec.  1321.6 of this final rule, an RSAU is 
required to determine appropriate methods for its statistical 
activities, and the parent agency is responsible both for ensuring the 
RSAU has autonomy to maintain its own quality standards and for 
delegating the responsibility to make determinations about quality to 
the RSAU. This will help to ensure that the RSAU has autonomy to 
determine the methods for conducting statistical activities and the 
quality of its statistical products. The compliance review required to 
be conducted by IGs under this final rule would not extend to review of 
the quality of the RSAU's statistical products or methodology. However, 
IGs should be reviewing publicly provided documentation of statistical 
products or methodology to determine whether the RSAU is adequately 
meeting the requirements for public documentation in Sec.  
1321.6(a)(2).
    Similarly, this rule ensures that an RSAU has the sole authority to 
provide access to its confidential statistical data, so that the RSAU 
can protect the confidentiality and ensure the exclusive statistical 
use of its confidential statistical data. Section 1321.8(c) provides a 
detailed policy regarding how a parent agency or other component may 
request access to confidential statistical data from the RSAU. Because 
each of the IGs conducting a compliance review under this rule is a 
component of an agency that contains an RSAU, the IGs are also 
responsible for complying with the requirements for components under 
Sec.  1321.8(c) when accessing confidential statistical data.
    Consistent with existing law and this final rule, IGs are not 
authorized to access confidential statistical data or related 
information systems unless such access is in compliance with this final 
rule, relevant statistical laws, and any other applicable statutes. IGs 
have existing statutory authority to access all necessary information 
and materials in a timely manner to perform their duties. However, to 
gain access to confidential statistical data, IGs must follow the 
requirements of Sec.  1321.8(c) to ensure the proper use and protection 
of confidential statistical data. OMB expects that both the IGs and the 
RSAUs will comply with the relevant legal requirements of both the 
Inspectors General Act \38\ and CIPSEA 2018. OMB expects the IGs to 
comply with Sec.  1321.8(c) in a timely manner and for the RSAUs to 
provide the necessary information in a timely manner. Further, OMB 
expects the IGs, RSAUs, and parent agencies to consult with the Chief 
Statistician of the United States as necessary, and as authorized by 
this rule, to ensure adequate, timely, and secure access to information 
necessary for IGs to conduct compliance reviews or to meet any other 
requirements under this regulation. However, given the scope of the 
compliance review under this rule, OMB does not anticipate that the 
compliance reviews will require that IGs have regular access to 
confidential statistical data.
---------------------------------------------------------------------------

    \38\ 5 U.S.C. 406.
---------------------------------------------------------------------------

    OMB agrees with commenters who emphasized the importance of 
consistency in compliance reviews across agencies. To further 
consistency and statistical expertise among IGs, the final rule at 
Sec.  1321.9(e) requires CIGIE to promulgate guidance for the IGs, to

[[Page 82468]]

promote consistent reviews and consistent formatting.\39\ CIGIE must 
also establish a working group for the relevant IGs to develop 
expertise in statistical laws and processes necessary to ensure the 
integrity of statistical agencies. Given the unique nature of 
statistical laws and processes, the working group and individual IGs 
must regularly consult with the Chief Statistician of the United States 
on the appropriate interpretation and application of statistical laws 
and practices.
---------------------------------------------------------------------------

    \39\ See, e.g., 31 U.S.C. 3353(a)(3)(A) (requiring that IGs use 
consistent formatting for certain reports).
---------------------------------------------------------------------------

    Under the proposed rule, the compliance review would occur not less 
frequently than once every three years. One commenter noted that 
compliance with this rule may take some effort and suggested giving a 
five-year grace period before starting the compliance review. OMB 
agrees that the compliance review should start after the agencies have 
had an opportunity to come into compliance with this rule but does not 
believe that all agencies need five years to come into compliance. The 
final rule at Sec.  1321.9(b)(1) requires each parent agency and RSAU 
to undergo a review of compliance with this final rule by the agency's 
IG at least once every three years, beginning no sooner than two years 
after issuance of this final rule. Under this framework, every agency 
gets at least a two-year grace period before the IG conducts the first 
compliance review. OMB notes that some agencies may have as much as 
five years before the first compliance review, depending on how the IG 
schedules this work. This two-year grace period also affords the IG 
community time to acquaint themselves better with the statistical 
community and statistical laws, as well as to work on a consistent 
framework by which to do the compliance review.
    As described in the proposed rule, the final rule at Sec.  
1321.9(b)(2) establishes a process for an off-schedule compliance 
review. Under the final rule, the ICSP may request an off-schedule 
review of an RSAU and parent agency if the ICSP has reason to believe 
there is a substantial change in circumstances regarding compliance 
with this part. The ICSP must submit a written request for a compliance 
review with a detailed explanation to the IG of the parent agency for 
which the review is requested. The IG must review any requests from the 
ICSP, determine whether a review is appropriate, and provide a written 
response to the ICSP within 30 days of receiving such request.
    Under this final rule at Sec.  1321.9(c), OMB is finalizing the 
proposed requirement that the IG must provide a compliance report on 
the determinations made under this section to the head of the agency, 
the head of the RSAU, the Chief Statistician of the United States, and 
relevant congressional committees. For purposes of this review, the 
head of the RSAU is considered the responsible official for purposes of 
the compliance review and must be given the opportunity to review and 
respond to the review's results.
    Further, OMB is finalizing parts of the proposed rule that 
establish a role for the Chief Statistician of the United States 
related to compliance reviews. Under this final rule at Sec.  
1321.9(d), the Chief Statistician of the United States will engage with 
each RSAU and parent agency to address deficiencies identified in a 
compliance report; include a list of findings or recommendations and 
the status of the RSAU and parent agency in addressing each finding or 
recommendation on StatsPolicy.gov; make available to CIGIE appropriate 
educational materials, training, or other relevant resources regarding 
statistical laws and practices; and include standards for remedial 
actions for an RSAU for persistent failures to comply with this final 
rule in the guidance to implement the RSAU designation process required 
under 44 U.S.C. 3562(a).
    OMB finalizes all other provisions of Sec.  1321.9 as they were 
proposed.
    The final rule establishes a robust role for CIGIE and the Chief 
Statistician of the United States to provide education to IGs on the 
Federal statistical system and statistical laws, to provide guidance to 
enable consistency across IGs in conducting compliance reviews, and to 
support the development of the community of IGs responsible for 
evaluating compliance with this rule and statistical laws. This 
approach will help ensure compliance reviews are conducted by an 
independent and unbiased entity, the agency's IG, while also addressing 
the concern about any potential lack of IG experience with the 
statistical community and statistical laws.

III. Expected Impact of This Rule

    This final rule applies to Federal agencies, and does not impose 
requirements on individuals, businesses, associations, organizations, 
or other private sector entities. The purpose of this final rule is 
largely to conform existing rules, policies, and practices to the 
requirements in the Evidence Act, in particular the codification of the 
requirement for RSAUs to meet the fundamental responsibilities 
described herein and for all agencies to enable, support, and 
facilitate RSAUs in meeting their fundamental responsibilities. OMB is 
exercising some discretion in promulgating this final rule, but any 
regulatory decisions will have a marginal impact on transfers, costs, 
and benefits, and this final rule includes only such provisions as OMB 
deems necessary to implement the statutory requirements of the Evidence 
Act. This rule furthers OMB's compliance with its obligations under the 
Evidence Act to promulgate rules implementing new statutory provisions 
and guides Federal agencies in effectuating their own obligations under 
the Evidence Act.
    OMB did not receive comments on the estimated costs of this rule, 
but did receive comments on the benefits of this rule. OMB has updated 
the estimated costs of this rule to reflect the updates made to the 
definition of parent agency, as well as to adjust costs for review to 
reflect new calendar year pay and to adjust the review and revision 
hours for parent agencies to more accurately reflect the duration of 
time to do the work. The benefits section of this rule provides more 
information on the comments received for that section.

Affected Agencies and Current Landscape

    This final rule has specific requirements for RSAUs, parent 
agencies, and core components, as defined in this final rule.
    * Agencies: Federal agencies vary widely in size and organizational 
structure.\40\
---------------------------------------------------------------------------

    \40\ 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 Off. 
of Pers. Mgmt., Sizing Up the Executive Branch, Fiscal Year 2017 
(Feb. 2018), available at https://www.opm.gov/policy-data-oversight/data-analysis-documentation/federal-employment-reports/reports-publications/sizing-up-the-executive-branch-2016.pdf.
---------------------------------------------------------------------------

    * Recognized Statistical Agencies and Units: As of the time of the 
publication of this final rule, there are 16 RSAUs which vary in size 
from around 10 full time employees to around 7,000 full time 
employees.\41\ Recognized Statistical Agencies and Units also vary

[[Page 82469]]

in position within their organizational units and reporting structure.
---------------------------------------------------------------------------

    \41\ Off. of Mgmt. & Budget, Exec Off. of the President, 
Statistical Programs of the United States Government: Fiscal Years 
2021/2022 (2024), available at https://www.whitehouse.gov/wp-content/uploads/2024/02/statistical-programs-20212022.pdf. In 
addition, OMB notes that the Microeconomic Surveys Unit at the 
Federal Reserve Board has approximately 10 staff. It is not listed 
in the most recently published Statistical Programs of the United 
States Government.
---------------------------------------------------------------------------

    * Parent agency: For this final rule, the term parent agency means, 
for an agency that contains an RSAU, the head of the agency, each 
organizational level within the agency under which the RSAU is 
positioned, and each core component of the agency.
    * Core component: For this final rule, the term core component 
means any support component and any component that performs an agency-
wide function. A support component means a component of an agency that 
contains an RSAU that supports programmatic functions in achieving the 
agency's mission, including legal, human resources, communications, 
legislative affairs, budget, information technology (IT), or 
procurement functions, but excludes any component of an RSAU. 
Components that perform agency-wide functions include the offices of 
the Chief Data Officer, the Evaluation Officer, Senior Agency Official 
for Privacy, Chief Information Officer, the Chief FOIA Officer, and 
similar functions.
    OMB uses the following counts of entities with requirements from 
this final rule:

--12 agencies that contain at least one RSAU \42\ and therefore, 12 
heads of those agencies
---------------------------------------------------------------------------

    \42\ The Departments of Commerce, Agriculture, and Health and 
Human Services all contain more than one RSAU, and as such, there 
are 12 unique agencies under which RSAUs sit.
---------------------------------------------------------------------------

--32 organizational levels within agencies that are in the direct 
reporting structure for an RSAU,\43\
---------------------------------------------------------------------------

    \43\ Reporting structures across the Government vary widely. As 
such, some RSAUs report directly to their agency's front office, 
while others report to one or more interim agencies. For the 16 
RSAUs, OMB assumes that on average there are 2 agencies in the 
reporting structure, which means there are 32 organizational levels 
in the direct reporting structure. This number excludes the head of 
the agency level.
---------------------------------------------------------------------------

--120 core components \44\
---------------------------------------------------------------------------

    \44\ This counts an estimated 10 entities per agency that 
contains a RSAU. Thus, OMB estimates there are 120 such entities 
across the 12 agencies that contain RSAUs.

    OMB expects that the 16 RSAUs are generally already implementing 
most requirements of this final rule in compliance with OMB's 
Statistical Policy Directive No. 1. However, OMB expects that the 
current landscape across agencies varies widely. OMB expects that for 
some parent agencies implementation of this final rule will be resource 
intensive; however, OMB also expects that some parent agencies already 
have rules, policies, and practices that align with a substantial 
number of the requirements in this final rule. Given the current 
landscape, OMB is uncertain about the exact number of agency rules, 
policies, and practices that will require revision based on this final 
rule.
    For the calculations of the estimated costs throughout this 
section, OMB rounds up the estimates to the nearest thousand dollars. 
Rounding to the nearest thousand dollars removes the appearance of 
precision in the estimates where precision may not be known, and 
rounding up, instead of down, means that the estimates will not 
represent underestimates of the costs based on the assumptions OMB has 
made. For the following calculations in this section, OMB uses a 
general formula of number of entities multiplied by the number of hours 
to perform the task multiplied by labor cost per hour to get the total 
cost across the type of entity. OMB rounds this total cost by type of 
entity up to the nearest thousand. Then, OMB sums the rounded total 
costs across all types of entities to get the final estimated total 
cost to the Federal Government. OMB outlines the assumptions for the 
calculations and the total costs by type of entity in narrative form 
below. OMB also provides a table for each step of the process to 
summarize the assumptions and total costs.

Estimated Cost of Agencies Reviewing This Rule

    This final rule will require RSAUs and parent agencies to first 
review this rule. This step includes reading the full rule and taking 
brief notes on possible intersections with agency rules, policies, and 
practices.
    It is likely that this review will be performed by GS-14 Step 5 or 
equivalent staff within RSAUs and parent agencies, as this review will 
require a deep understanding of the parent agency's rules, policies, 
and practices to understand how the agency's rules, policies, and 
practices intersect with this final rule. This initial review of this 
final rule will inform the next steps of reviewing and making revisions 
to any relevant agency rules, 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 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 2024 is 
$75.70. 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 $151.40 per hour.
    OMB expects that, for the parent agencies, a central office would 
do the first review for all of its units, except RSAUs, to identify 
which parts of the rule would apply to the different units. OMB expects 
this to be resource intensive for the central office, but OMB expects 
review of the rule by units will be less intensive because of the work 
done by the central office to target the units' review.
    Because of this tiered review process, review of this rule is 
expected to take different lengths of time for different agencies. For 
each of the 16 RSAUs, OMB expects this review to take on average 16 
hours. This means it would cost approximately $39,000 across all 16 
RSAUs.
    OMB expects it will take the central office for the 12 parent 
agencies on average 80 hours to do this review and identify relevant 
parts of the rule for its units. This means it would cost approximately 
$146,000 across the 12 agencies that contain an RSAU.
    Following the central office review, OMB expects review for the 32 
organization levels in direct reporting structure and 120 core 
components to take on average 24 hours for each. This means it would 
cost approximately $554,000 across both of these types of entities.
    OMB does not expect agencies without an RSAU to review this rule. 
Therefore, across all RSAUs and parent agencies, the Governmentwide 
cost for reviewing this rule would be approximately $739,000.

                                             Cost To Review the Rule
----------------------------------------------------------------------------------------------------------------
                                                                     Hours to
                 Type of entity                      Number of      review the    Cost per  hour    Total cost
                                                     entities          rule
----------------------------------------------------------------------------------------------------------------
RSAU............................................              16              16         $151.40         $39,000
Agencies that Contain an RSAU...................              12              80          151.40         146,000

[[Page 82470]]

 
Organizational levels in direct reporting                     32              24          151.40         117,000
 structure......................................
Core components.................................             120              24          151.40         437,000
                                                 ---------------------------------------------------------------
    Totals......................................             180  ..............  ..............         739,000
----------------------------------------------------------------------------------------------------------------

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

    After review of this rule, parent agencies will then review their 
own rules, policies, and practices to determine necessary action. This 
rule does not require RSAUs or agencies that do not fall within the 
definition of a parent agency to take this step. This step may require 
engagement across the agency, including with staff of any RSAUs in the 
organization.
    Review of the rules, policies, and practices will vary across 
parent agencies, depending on the number of rules, policies, and 
practices issued by the agency.
    OMB expects parent agencies may have different costs for reviewing 
their rules, policies, and practices. OMB is estimating the review time 
on a per rule, policy, or practice basis. Similar to the prior step of 
reviewing the final rule, this step to review the parent agency's own 
rules, policies, and practices includes reading of the full rule, 
policy, or practice and taking brief notes on possible intersections 
with this final rule. It is likely that this review will be performed 
by GS-14 Step 5 or equivalent staff within the agencies, as this review 
will require a deep understanding of the parent agency's own rules, 
policies, and practices to understand the intersections with this final 
rule to inform the next step of making revisions to those rules, 
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 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 2024 is $75.70. 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 $151.40 per hour.
    For the parent agencies, OMB estimates it will take on average 16 
hours to review each rule, policy, or practice and determine necessary 
action. OMB expects it to take this much time for the parent agencies 
because they are likely to have rules, policies, and practices that 
intersect with this rule. OMB expects on average that the 12 central 
offices of parent agencies will have 5 items to review, the 32 
organizational levels in direct reporting structure will have 20 items 
to review, and the 120 core components will have 5 items to review. 
Therefore, OMB estimates that across all central offices of parent 
agencies, it will cost approximately $146,000 for those entities to 
review their rules, policies, and practices and determine necessary 
action. OMB estimates that it will cost approximately $1,551,000 across 
all 32 organizational levels in the direct reporting structure and that 
it will cost $1,454,000 across all 120 core components to review their 
rules, policies, and practices and determine necessary action. Across 
all entities, OMB estimates it will cost approximately $3,151,000.

                              Cost To Review Agency Rules, Policies, and Practices
----------------------------------------------------------------------------------------------------------------
                                                               Hours to     Number of
                Type of entity                   Number of    review per   policies to    Cost per    Total cost
                                                  entities      policy       review         hour
----------------------------------------------------------------------------------------------------------------
Agencies that Contain an RSAU.................           12           16             5      $151.40     $146,000
Organizational levels in direct reporting                32           16            20       151.40    1,551,000
 structure....................................
Core components...............................          120           16             5       151.40    1,454,000
                                               -----------------------------------------------------------------
    Totals....................................          164  ...........  ............  ...........    3,151,000
----------------------------------------------------------------------------------------------------------------
Note: Number of hours to perform the task is calculated for this part of the process by multiplying the hours to
  review per policy by the number of policies to review.

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

    Where determined necessary after review of this rule and the 
agencies own rules, policies, and practices, parent agencies will need 
to revise rules, policies, and practices because of this rule. This 
rule does not require RSAUs or agencies that do not fall within the 
definition of a parent agency agencies to take this step. 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.
    The following provides the analysis for expected costs for the 
drafting of the revisions to rules, policies, and practices. For this 
analysis, OMB assumes the drafting of revised rules, policies, and 
practices will be performed by GS-14 Step 5 or equivalent staff within 
the agencies, as this drafting will require a deep understanding of the 
agencies' own rules, policies, and practices and their intersections 
with this final rule to appropriately revise those rules, 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 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 2024 is $75.70. OMB assumes that the total 
dollar value of labor, which includes wages, benefits,

[[Page 82471]]

and overhead, is equal to 200 percent of the wage rate, resulting in a 
value of $151.40 per hour. In addition, OMB expects that the time to 
draft revisions to rules, policies, and practices is consistent across 
parent agencies and estimates that on average the time to draft 
revisions would be 120 hours per rule, policy, or practice.
    For each of the 12 central offices of parent agencies and each of 
the 120 core components, OMB estimates on average that 3 rules, 
policies, or practices will require revision, whereas OMB estimates 
that for each of the 32 organizational levels in direct reporting 
structure, 15 rules, policies, or practices will require revision. 
Thus, the estimated cost to draft revisions to rules, policies, and 
practices is approximately $655,000 across all of the central offices 
of parent agencies and approximately $6,541,000 across all of the core 
components. Across all of the organizational levels in the direct 
reporting structure, OMB estimates the cost to be approximately 
$8,721,000. In sum, OMB estimates this to cost approximately 
$15,917,000.

                              Cost To Draft or Revise Rules, Policies, or Practices
----------------------------------------------------------------------------------------------------------------
                                                        Hours to  draft     Number of
             Type of entity                Number of     revisions  per    policies to    Cost per    Total cost
                                            entities         policy          revise         hour
----------------------------------------------------------------------------------------------------------------
Agencies that Contain an RSAU...........           12                120             3      $151.40     $655,000
Organizational levels in direct                    32                120            15       151.40    8,721,000
 reporting structure....................
Core components.........................          120                120             3       151.40    6,541,000
                                         -----------------------------------------------------------------------
    Totals..............................          164  .................  ............  ...........   15,917,000
----------------------------------------------------------------------------------------------------------------
Note: Number of hours to perform the task is calculated for this part of the process by multiplying the hours to
  draft revisions per policy by the number of policies to revise.

    Next, the parent agencies will need to implement the draft 
revisions, which includes steps such as gaining approval from the 
appropriate authorities within the parent agencies and issuing, if 
relevant, publicly available updates of the affected rules, policies, 
and practices. OMB expects the majority of revisions (~90 percent) to 
be to policies and practices and for it to be rare that a rule require 
revision (~10 percent). OMB also expects that finalizing revised 
policies and practices requires far less time (~80 hours per) than 
finalizing rules (~220 hours per). Taken together, OMB estimates on 
average that finalizing the revisions will take 100 hours per rule, 
policy, or practice. For this analysis, OMB assumes the same amount of 
time for all agencies because procedures to finalize revisions to 
rules, policies, and practices should be relatively consistent across 
parent agencies. To account for the differing levels of engagement 
within parent agencies to approve the final revisions to rules, 
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 $92.26 for 2024. 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 $184.52 per hour. 
Using the number of rules, policies, and practices that require 
revision from the previous analysis, the costs are as follows:
    Across all of the 12 central offices of parent agencies, OMB 
estimates the costs to be approximately $665,000. Across all of the 32 
organizational levels within the agency that are in the direct 
reporting structure for the RSAU, OMB estimates the costs approximately 
$8,857,000.
    Across all of the 120 core components, OMB expects the costs to be 
approximately $6,643,000. In sum, OMB expects these costs to total 
approximately $16,165,000.

----------------------------------------------------------------------------------------------------------------
                                                                           Number of
                                                            Hours to      policies to
                                              Number of     finalize     finalize  and   Cost  per
               Type of entity                  entities     and issue        issue          hour      Total cost
                                                            revisions   revisions  per
                                                           per policy       entity
----------------------------------------------------------------------------------------------------------------
Agencies that Contain an RSAU..............           12           100               3      $184.52     $665,000
Organizational levels in direct reporting             32           100              15       184.52    8,857,000
 structure.................................
Core components............................          120           100               3       184.52    6,643,000
                                            --------------------------------------------------------------------
    Totals.................................          164  ............  ..............  ...........   16,165,000
----------------------------------------------------------------------------------------------------------------
Note: Number of hours to perform the task is calculated for this part of the process by multiplying the hours to
  finalize and issue revisions per policy by the number of policies to finalize and issue revisions.

    Therefore, across the Federal Government, to review this rule and 
review and revise rules, policies, and practices as needed to meet the 
requirements of this rule, the estimated costs total approximately 
$35,972,000.

Estimated Costs of the Options Proposed for the Compliance Review

    The proposed rule included three options under consideration for 
ensuring compliance with the final rule. Here OMB estimates the costs 
for the option selected in this final rule, which combines parts of two 
of the options from the proposed rule.
    OMB expects that CIGIE will develop procedures and reference 
materials for the Inspectors General to use to provide consistency 
across their reviews. This final rule does not specify the structure of 
such work, so it may be implemented in a different format; however, OMB 
approximates the costs based on a committee structure. To develop 
estimated costs, OMB assumes that the

[[Page 82472]]

Committee would include representatives from 8 agencies. For this 
analysis, OMB is using an average hourly rate equivalent for a Senior 
Executive Service Level IV employee based in Washington, DC which is 
$92.26 for 2024. 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 $184.52 per hour. OMB 
estimates that each member would spend on average about 48 hours per 
year dedicated to this work. Therefore, OMB estimates that this step 
will cost approximately $71,000 across all 8 agencies engaged in 
developing the procedures and materials.

                       Annual Cost for CIGIE To Develop Procedures and Relevant Materials
----------------------------------------------------------------------------------------------------------------
       Number of agencies            Hours per  agency             Cost per hour               Total cost
----------------------------------------------------------------------------------------------------------------
                        8                         48                     $184.52                    $71,000
----------------------------------------------------------------------------------------------------------------

    Then, OMB estimates costs by activity for each of the reviews 
across the 3-year timeframe. Over the 3-year timeframe, OMB expects all 
16 RSAUs to have an IG review and that the average time spent by each 
RSAU participating in this review would be 640 hours. OMB expects the 
participation to involve generally employees at a GS-14 Step 5 in the 
Washington, DC region, which results in a cost of $151.40 per hour. 
This results in an expected cost across all RSAUs of approximately 
$1,551,000.
    In addition, OMB expects the 32 organizational levels in the 
reporting structure for RSAUs to participate in the reviews. Over the 
3-year timeframe, OMB expects each of the 32 organizational levels in 
the reporting structure for RSAUs to spend 320 hours on average 
participating in the reviews. 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 $151.40 per hour. This results in an 
expected cost across all organizational levels of approximately 
$1,551,000. Then, OMB expects all 16 RSAUs to publish a summary of 
findings on their website and estimates on average that publication to 
take 4 hours of time by an employee with a cost of $151.40 per hour. 
This results in expected costs of approximately $10,000 across all 
RSAUs. For the next two activities, OMB is using an average hourly rate 
equivalent for a Senior Executive Service Level IV employee based in 
the Washington, DC region, which results in a cost of $184.52. For the 
Chief Statistician Engagement activity, over the 3-year timeframe it is 
expected that all 16 RSAUs will need to participate and that on average 
each agency's engagement would require 8 hours of the time of the head 
of the RSAU and 8 hours of the 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 
approximately $48,000 across all RSAU agencies. Finally, OMB expects 
inspectors general (IGs) to incur time and costs engaging in these 
reviews. OMB estimates that over the 3-year timeframe all 16 separate 
reviews will need to occur and for each, each IG will spend on average 
648 hours across the 3 years. Thus, OMB expects the cost for this 
activity across all IGs to be approximately $1,914,000.

                               Three-Year Cost for Activities Related to IG Review
----------------------------------------------------------------------------------------------------------------
                                                                     Hours across                 Total cost of
                       Activity                         Number of     3 years per     Cost per      across all
                                                         agencies       agency          hour         agencies
----------------------------------------------------------------------------------------------------------------
RSAUs Participating in Review........................           16             640      $151.40       $1,551,000
Organizational levels in direct reporting structure             32             320       151.40        1,551,000
 Participating in Review.............................
Publish Summary of Findings..........................           16               4       151.40           10,000
Chief Statistician Engagement in Deficiencies........           16              16       184.52           48,000
IG Engagement........................................           16             648       184.52        1,914,000
                                                      ----------------------------------------------------------
    Total............................................  ...........  ..............  ...........        5,074,000
----------------------------------------------------------------------------------------------------------------

    In sum, over a 3-year timeframe OMB expects this process to cost 
approximately $5,074,000. This results in a cost of approximately 
$1,692,000 per year. Adding this cost with the cost for CIGIE to 
develop guidance, the annual cost is approximately $1,763,000 for the 
compliance review.

Regulatory Alternatives

    OMB considered some regulatory alternatives, as noted below. More 
information on the reasons OMB finalized the rule as it did is 
available above in the preamble.
    Handling compliance review. OMB detailed three options for proposed 
compliance review requirements, and OMB finalizes the rule by combining 
Options B and C from the proposed rule.
    Changing timeline for agencies to revise rules, policies, and 
practices. OMB did not receive any comments on this timeline, and OMB 
finalizes the rule such that these revisions must occur within 1 year 
of the effective date of this rule.

Benefits

    This final rule promotes trust in the work of RSAUs, 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, this final 
rule provides transparency and clarity to parent agencies and the 
public alike about how best a parent agency can enable, support, and 
facilitate the work of RSAUs.
    Commenters noted in particular that maintaining trust in RSAUs has 
the benefits of helping to ``maintain global

[[Page 82473]]

competitiveness,'' \45\ as well as supporting the functioning of 
capital markets and serving as key inputs to family, business, and 
public policy decisions.\46\ To realize these continued benefits from 
Federal statistics and in particular RSAUs, one commenter noted that 
certain provisions are especially helpful, such as the requirements on 
budget transparency and autonomy over the website.\47\ Another 
commenter also cited the following uses of Federal statistics from 
RSAUs as general benefits to the public from this rule: \48\
---------------------------------------------------------------------------

    \45\ Comment submitted by Elizabeth Mannshardt (Oct. 02, 2023), 
available at https://www.regulations.gov/comment/OMB-2023-0015-0019.
    \46\ Comment submitted by American Economics Association (Oct. 
02, 2023), available at https://www.regulations.gov/comment/OMB-2023-0015-0022.
    \47\ Comment submitted by Elizabeth Mannshardt (Oct. 02, 2023), 
available at https://www.regulations.gov/comment/OMB-2023-0015-0019.
    \48\ Comment submitted by American Economics Association (Oct. 
02, 2023), available at https://www.regulations.gov/comment/OMB-2023-0015-0022.
---------------------------------------------------------------------------

    <bullet> ``The Federal Reserve relies on the statistical agencies' 
estimates of output, employment, and inflation to set interest rates, 
which in turn affect everything from households' grocery bills to new 
housing starts.''
    <bullet> ``Businesses use federal statistics in deciding where and 
when to expand and innovate.''
    <bullet> ``Investors use industry-specific statistics to identify 
rapidly growing sectors with profitable investment opportunities.''
    <bullet> ``The federal government uses federal statistics to set 
spending levels--as when, for example, BLS's Consumer Price Index is 
used to set cost-of-living adjustments for 65+ million Social Security 
beneficiaries, and the Census Bureau's annual American Community Survey 
is used to allocate $400+ billion in funding to state and local areas 
each year.''
    <bullet> ``State and local governments rely on federal statistics 
for their geographic areas to set economic development strategies.''
    <bullet> ``Researchers use federal data collections to build 
evidence on the effectiveness of workforce, trade, education, housing, 
financial, and other types of policies.''
    <bullet> ``Implemented effectively, the provisions of the proposed 
rule should go a long way towards maintaining the multifaceted streams 
of public benefits from federal statistics.''
    <bullet> ``Well-maintained, public-facing websites can help 
maximize the value of federal statistics to households, businesses, 
communities, policy makers, and capital markets, as the value of 
federally supported data collections depends on the public's ability to 
find, interpret, and use the system's output.''
    <bullet> ``Provisions ensuring that statistics are released on 
schedule builds trust in the agencies' ability to use public funds 
effectively to produce high-quality data products.''
    <bullet> ``Securing parent agencies' commitment to the agencies' 
access to productive resources--trained and skilled staff and 21st 
century hardware and software--will help avoid fluctuations in the 
quality, accuracy, and timeliness of data releases, which undercut 
confidence in the system's effectiveness.''
    <bullet> ``Reinforcing the federal statistical system's reputation 
for objectivity and independence--with rock-solid ability to protect 
private data against disclosure risk--will help offset households' and 
businesses' decreasing willingness to respond to federal data 
collections.''
    The compliance review is a tool to ensure all agencies are 
accountable to the provisions of this final rule. To improve 
consistency in the compliance reviews across agencies, the Inspectors 
General will lead the compliance reviews and the Council of Inspectors 
General for Integrity and Efficiency will develop guidance for the 
compliance reviews. The compliance reviews will enhance the benefits of 
the rest of the rule.

G. Regulatory Procedures

Executive Order 12866, ``Regulatory Planning and Review,'' Executive 
Order 13563, ``Improving Rule and Regulatory Review,'' and Executive 
Order 14094, ``Modernizing Regulatory Review''
    This final rule is a significant regulatory action under E.O. 
12866, as amended by Executive Order 14094. Executive Order 12866 was 
reaffirmed by Executive Order 13563 and reaffirmed and amended by 
Executive Order 14094. Consistent with Executive Order 14094, OMB 
solicited and considered input from interested parties through a 
variety of means.
``Unfunded Mandates Reform Act'' (2 U.S.C. 1501-1571)
    This final 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 $100 million or more in any one year.
``Regulatory Flexibility Act'' (5 U.S.C. 601-612)
    The Director of the Office of Management and Budget has certified 
that this final 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 final 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 final rule would have no direct effect on non-governmental 
entities, including small businesses.
``Paperwork Reduction Act'' (44 U.S.C. 3501-3520)
    This final 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 finalized in this rule an 
agency were to determine a need to implement a reporting or 
recordkeeping requirement subject to the PRA, the agency should comply 
with the requirements of the PRA.
Executive Order 13132, ``Federalism''
    Executive Order 13132 establishes certain requirements that an 
agency must meet when it promulgates a rule that imposes substantial 
direct compliance costs on State and local governments, preempts state 
law, or otherwise has federalism implications. This final rule will not 
impose substantial direct compliance costs on State or local 
governments, or otherwise have federalism implications.

List of Subjects in 5 CFR Part 1321

    Statistics.


0
For the reasons stated in the preamble, the Office of Management and 
Budget amends 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 Supporting 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; 44 U.S.C. 3504(e); 31 U.S.C. 
1104(d).

[[Page 82474]]

Sec.  1321.1  Purpose.

    This part is issued under the authority of the Budget and 
Accounting Procedures Act of 1950; the Paperwork Reduction Act of 1995; 
the Information Quality Act; title III of the Foundations for Evidence-
Based Policymaking Act of 2018 (Evidence Act), also known as the 
Confidential Information Protection and Statistical Efficiency Act of 
2018 (CIPSEA 2018); and other provisions of the Evidence Act. 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 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.


Sec.  1321.2  Definitions.

    The following terms, as used in this part, are defined as follows:
    Accurate, when used with respect to statistical activities, means 
statistics are correct and consistently match the events and trends 
being measured.
    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.
    Chief Statistician of the United States means the Chief 
Statistician appointed under 44 U.S.C. 3504(e)(7).
    Component means a sub-agency, office, unit, bureau, or other 
distinct entity when that entity is within an agency that contains a 
Recognized Statistical Agency or Unit.
    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.
    Confidentiality means a quality or condition accorded to 
information as an obligation not to disclose that information to an 
unauthorized party.
    Core component means any support component and any component that 
performs any agency-wide function, such as the offices of Chief Data 
Officer, Evaluation Officer, Senior Agency Official for Privacy, Chief 
Information Officer, Chief FOIA Officer, and similar functions.
    Data users means individuals or groups of individuals who use 
Federal statistical information.
    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).
    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 statutes, rules, or Office 
of Management and Budget-promulgated policies or guidance.
    Fundamental responsibilities means the responsibilities of 
Recognized Statistical Agencies and Units listed in 44 U.S.C. 
3563(a)(1).
    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.
    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.
    Information provider denotes members of the public; other agencies 
of the Federal Government; and organizations outside of the Federal 
Government, such as State, local, territorial, and Tribal governments, 
businesses, and other organizations or entities, that provide 
information to a Recognized Statistical Agency or Unit.
    Information system means a discrete set of information resources 
organized for the collection, processing, maintenance, use, sharing, 
dissemination, or disposition of information.
    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.
    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.
    Objective, when used with respect to statistical activities, means 
accurate, clear, complete, and unbiased.
    Parent agency means the following components in an agency that 
contains a Recognized Statistical Agency or Unit: the parent agency 
head, each organizational level within the agency under which the 
Recognized Statistical Agency or Unit is positioned, and each core 
component.
    Parent agency head means the head of the highest organizational 
level of an agency that contains a Recognized Statistical Agency or 
Unit.
    Recognized Statistical Agency or Unit means an agency or 
organizational unit of the executive branch whose activities are 
predominantly the collection, compilation, processing, or analysis of 
information for statistical purposes, as designated by the Director of 
the Office of Management and Budget under 44 U.S.C. 3562.
    Reference date is the time period to which data refer.
    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.
    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.
    Statistical activities means the collection, compilation, 
processing, or analysis of data for the purpose of describing or making 
estimates concerning the whole of, or relevant groups or components 
within, the economy, society, or the natural environment and includes 
the development of methods or resources that support those activities, 
such as measurement methods, models, statistical classifications, or 
sampling frames.
    Statistical information means information produced from statistical 
activities.
    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.
    Statistical press release is an announcement to media of a 
statistical

[[Page 82475]]

product release that contains the title, subject matter, release date, 
internet address of, and other available information about the 
statistical product, as well as the name of the Recognized Statistical 
Agency or Unit issuing the product and may include any executive 
summary information or key findings section as shown in the statistical 
product. A statistical press release is one that provides a policy 
neutral description of the data and does not include policy 
pronouncements.
    Statistical products means 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 or organizations that 
comprise such groups or individual data observations with respect to 
those persons or organizations. 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.
    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 (1) of this 
definition.
    Support component means a component 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, but excludes any component 
of a Recognized Statistical Agency or Unit.
    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.
    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) Complementary application. This part should be read as 
complementary to existing Office of Management and Budget guidance or 
Statistical Policy Directives to the extent they are consistent. 
Effective December 10, 2024, this part supersedes any guidance or 
Statistical Policy Directives to the extent that they conflict.
    (b) Responsibility of Recognized Statistical Agency or Unit. 
Responsibilities assigned to a Recognized Statistical Agency or Unit 
under this part are ultimately the responsibility of the head of the 
Recognized Statistical Agency or Unit, or their designee, unless 
otherwise specified in this part.
    (c) Responsibility of parent agency. Responsibilities assigned to a 
parent agency under this part are ultimately the responsibility of 
parent agency head, or their designee, unless otherwise specified in 
this part.
    (d) Deviations. 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 must discuss and determine how to address 
such deviation, including determining where responsibility lies for 
compliance with other applicable laws and rules.
    (e) Direct working relationships. When an agency or component has a 
direct working relationship with a Recognized Statistical Agency or 
Unit, the agency or component must uphold the responsibilities of a 
parent agency under this part, to the extent that a responsibility 
applies.
    (f) Consultation. In implementing statistical laws, this part, or 
other related statistical policies, the head of a Recognized 
Statistical Agency or Unit should consult with the Chief Statistician 
of the United States as necessary.


Sec.  1321.4  Supporting the four fundamental responsibilities.

    (a) In general. Each Recognized Statistical Agency or Unit is 
charged with the fundamental responsibilities. Each agency is directed 
to enable, support, and facilitate Recognized Statistical Agencies and 
Units in carrying out these fundamental responsibilities.
    (b) Communication. The heads of Recognized Statistical Agencies and 
Units and parent agencies must engage in regular communication with and 
seek to educate each other.
    (c) Development and revision of policies. In consultation with the 
Recognized Statistical Agency or Unit, each parent agency must:
    (1) Not later than December 10, 2026, and consistent with statutory 
obligations, revise any rules, policies, practices, or organizational 
structures that impede the Recognized Statistical Agency or Unit's 
ability to meet its fundamental responsibilities or impede the parent 
agency's ability to enable, support, and facilitate the Recognized 
Statistical Agency or Unit in carrying out its fundamental 
responsibilities, including the parent agency's ability to delegate 
responsibilities under this part;
    (2) Consider the fundamental responsibilities when new rules, 
policies, practices, organizational structures, or budgets are 
developed; and
    (3) Ensure that its rules, policies, practices, and agreements 
support the ability of Recognized Statistical Agencies and Units to:
    (i) Present and maintain accurate information; and
    (ii) Make timely corrections or updates to its statistical products 
or data when the Recognized Statistical Agency or Unit determines such 
updates are needed; and
    (iii) Meet its responsibility for producing relevant and timely 
statistical products.
    (d) Innovation and burden reduction. Each Recognized Statistical 
Agency or Unit must:
    (1) Seek to continually improve its statistical products and 
methods and engage in research to support innovation in data 
collection, analysis, and dissemination, among other statistical 
activities;
    (2) Maximize the utility and minimize duplication of its 
statistical products; and
    (3) Minimize the burden on its respondents, including by engaging 
with other Recognized Statistical Agencies and Units to identify 
opportunities to better meet these goals.
    (e) Websites and branding. Each Recognized Statistical Agency or 
Unit must:
    (1) Participate in the development of coordinated and complementary 
system-wide branding in collaboration with the Chief Statistician of 
the United States;
    (2) 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;
    (3) Include clear branding with the name of the Recognized 
Statistical Agency or Unit on all websites, statistical products, and 
statistical press releases; and

[[Page 82476]]

    (4) Make available to the public on the website required under this 
paragraph (e):
    (i) A mission statement that clearly describes the purpose of the 
Recognized Statistical Agency or Unit's statistical programs and its 
commitment to each of the fundamental responsibilities;
    (ii) A strategic plan that is consistent with the requirements in 5 
U.S.C. 306, which describes the Recognized Statistical Agency or Unit's 
goals and provides specific, measurable objectives and performance 
metrics and is assessed no less than every four years alongside and in 
alignment with the parent agency's strategic plans;
    (iii) A list of relevant legislation, rules, and policies or 
management orders, including those defining organizational placement, 
that govern the Recognized Statistical Agency or Unit's ability to 
maintain its commitment to these four fundamental responsibilities;
    (iv) Each policy or standard required under this part; and
    (v) Any other information as determined by the head of the 
Recognized Statistical Agency or Unit.
    (f) Websites and branding support. Each parent agency head must 
ensure its Recognized Statistical Agency or Unit has:
    (1) Sufficient resources to develop and maintain its website 
required under paragraph (e) of this section;
    (2) The necessary authority and autonomy to determine the content, 
functionality, appearance, and layout of its website required under 
paragraph (e) of this section; and
    (3) The capacity to directly update the content, functionality, 
appearance, and layout of the website required under paragraph (e) of 
this section without reliance on any parent agency official unless the 
official is directly assigned to the Recognized Statistical Agency or 
Unit.
    (g) Budget formulation. It is important that each Recognized 
Statistical Agency or Unit have the appropriate resources to carry out 
the fundamental responsibilities set forth in this part.
    (1) Each parent agency, in coordination with the Recognized 
Statistical Agency or Unit, must produce a budget request specific to 
the Recognized Statistical Agency or Unit that is fully compliant with 
the requirements of Office of Management and Budget Circular No. A-11 
and is presented separately (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 parent agency's annual budget submission to the Office of 
Management and Budget.
    (2) Each parent agency must provide to the head of each Recognized 
Statistical Agency or Unit an opportunity to participate with the 
parent agency in discussions or engagements with the Office of 
Management and Budget specific to the Recognized Statistical Agency or 
Unit's budget request submitted in compliance with paragraph (g)(1) of 
this section.
    (3) If a parent agency and a Recognized Statistical Agency or Unit 
determine that the annual budget submission to the Office of Management 
and Budget lacks sufficient resources for the Recognized Statistical 
Agency or Unit to carry out the responsibilities set forth in this 
part, the parent agency, in coordination with the Recognized 
Statistical Agency or Unit, must include in the budget submission to 
the Office of Management and Budget a written explanation of this 
determination, the programmatic implications, and the tradeoffs that 
would be necessary to provide the necessary resources to the Recognized 
Statistical Agency or Unit under the parent agency budget submission.
    (h) Capacity. It is important that each Recognized Statistical 
Agency or Unit have the capacity to carry out the fundamental 
responsibilities set forth in this part.
    (1) If a parent agency and a Recognized Statistical Agency or Unit 
determine (e.g., through the agency capacity assessment or other means) 
that the Recognized Statistical Agency or Unit does not have the 
capacity to carry out the fundamental responsibilities set forth in 
this part, the parent agency and the Recognized Statistical Agency or 
Unit should jointly develop options for addressing capacity needs and, 
to the extent practicable, make the necessary resources available.
    (2) If the Recognized Statistical Agency or Unit determines it does 
not have the capacity to carry out the fundamental responsibilities set 
forth in this part, the head of the Recognized Statistical Agency or 
Unit should submit to the Chief Statistician of the United States and 
the relevant Resource Management Office in the Office of Management and 
Budget a written explanation of the capacity deficit, including an 
estimate of the amount of resources, labor, or other support needed to 
address the capacity deficit and a detailed description of the 
anticipated impact of the current capacity.
    (3) When a Recognized Statistical Agency or Unit relies on a 
support component from a parent agency:
    (i) The Recognized Statistical Agency or Unit must, to the greatest 
extent possible, allocate labor resources to ensure that one or more 
employees, depending on the size of the Recognized Statistical Agency 
or Unit, are knowledgeable of the support component, its policies and 
processes, and best practices for interacting with the support 
component.
    (ii) The parent agency must designate at least one employee of each 
support component to serve as a liaison for the Recognized Statistical 
Agency and Unit and 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 support component and the Recognized Statistical Agency 
or Unit must work collaboratively to ensure the support component meets 
the relevant needs of the Recognized Statistical Agency or Unit in a 
manner that complies with this part and all applicable laws.
    (4) When a Recognized Statistical Agency or Unit relies on services 
or software from a support component:
    (i) 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 support 
component official must coordinate 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.
    (ii) The relevant support component official must ensure that the 
service or software is sufficient for the Recognized Statistical Agency 
or Unit to meet its obligation to carry out its fundamental 
responsibilities. The head of the Recognized Statistical Agency or Unit 
must clearly communicate the needs of the Recognized Statistical Agency 
or Unit to meet its obligation to carry out its fundamental 
responsibilities. If requested by the relevant support component 
official, the head of the Recognized Statistical Agency or Unit must 
provide a written list explicitly defining the requirements needed of 
the service or software to meet its obligation to carry out its 
fundamental responsibilities.
    (iii) 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 support component must enter into a written agreement, and 
the support

[[Page 82477]]

component must provide the service or software in accordance with such 
agreement.
    (iv) The Recognized Statistical Agency or Unit may obtain the 
service or software separately from the parent agency or support 
component if they are unable to reach an agreement or, at any point in 
time, the service or software is not able to be supplied in accordance 
with the agreement.
    (v) 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, in coordination with 
relevant core component officials, must notify the parent agency head. 
This notification must include an explanation of why it is necessary to 
obtain services or software separately and an attestation that the 
Recognized Statistical Agency or Unit remains in compliance with 
relevant law and policy. If the parent agency is unable to provide the 
separate service or software, the parent agency, in coordination with 
the Recognized Statistical Agency or Unit, must notify the Office of 
Management and Budget in the written explanation required under 
paragraph (g)(3) of this section.
    (i) Decision-making authority. The heads of Recognized Statistical 
Agencies and Units must have the appropriate decision-making authority 
with respect to their statistical products, statistical information, 
and statistical activities. Unless otherwise prohibited by statute, 
when a statute, rule, or policy authorizes any other agency official to 
make determinations directly affecting the ability of a Recognized 
Statistical Agency 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 in accordance with paragraphs (i)(1) through (3) of this 
section.
    (1) If the Recognized Statistical Agency or Unit determines that 
delegation is necessary to carry out its fundamental responsibilities, 
the Recognized Statistical Agency or Unit must notify the parent agency 
head.
    (2) In making a determination regarding delegation under this 
paragraph (i), the parent agency head must:
    (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, consulting with the 
Chief Statistician of the United States as appropriate.
    (3) To the extent permissible under law, the individual to whom a 
responsibility has been delegated under this paragraph (i) must consult 
with the delegating official in carrying out such responsibility.
    (j) Delegation of duties. The Office of Management and Budget must 
implement its authorities and responsibilities 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. The Chief Statistician of the United States 
is authorized by statute to carry out the statistical functions set out 
in 44 U.S.C. 3504(e) on behalf of the Director of the Office of 
Management and Budget. In furtherance of that authority, the Director 
must delegate to the Chief Statistician of the United States the 
authority to carry out any of the functions or responsibilities under 
44 U.S.C. chapter 35, subchapter III. The Administrator of the Office 
of Information and Regulatory Affairs must delegate to the Chief 
Statistician of the United States the review and approval of proposed 
collections of information submitted to the Office of Management and 
Budget by Recognized Statistical Agencies and Units.


Sec.  1321.5  Relevance and timeliness.

    (a) Responsibilities. Each Recognized Statistical Agency or Unit 
must uphold the responsibility to produce and disseminate relevant and 
timely statistical information by carrying out its requirements under 
this section. Each parent agency must enable, support, and facilitate 
the Recognized Statistical Agency or Unit in carrying out its 
responsibility to produce and disseminate relevant and timely 
statistical information. Recognized Statistical Agencies and Units must 
determine:
    (1) What statistical products to disseminate, including in the 
context of the Standard Application Process required under 44 U.S.C. 
3583;
    (2) The content of its statistical products; and
    (3) The timing of disseminations.
    (b) Relevance consultations. Each Recognized Statistical Agency or 
Unit must 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) Each Recognized Statistical Agency and Unit must:
    (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, as the head of the Recognized Statistical Agency or 
Unit determines is appropriate, with other data users, including 
Congress, other agencies, and State, local, territorial, or Tribal 
governments, 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 its 
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) Each parent agency must:
    (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 the Recognized Statistical Agency or Unit as part 
of the stakeholder engagement process when developing the agency 
evidence-building plan (learning agenda) required under 5 U.S.C. 312, 
in alignment with Office of Management and Budget guidance; and
    (iii) Allow the Recognized Statistical Agency or Unit to establish, 
determine the membership of, and manage advisory groups or other means 
of systematic stakeholder engagement, in accordance with applicable 
law.
    (c) Maximizing timeliness. (1) Each Recognized Statistical Agency 
or Unit must 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, and consult with the parent agency regarding 
the availability of relevant support components required to support the 
release of statistical products.
    (2) Each parent agency must support efforts to maximize timeliness 
of statistical products by ensuring the Recognized Statistical Agency 
or Unit is aware of any emerging needs and providing necessary 
resources to respond to such emerging need.
    (3) In any instance where a parent agency observes that a 
Recognized Statistical Agency or Unit is not upholding the timeliness 
of statistical products, consistent with paragraph (c)(1) of this 
section, the parent agency,

[[Page 82478]]

after consultation with the head of the Recognized Agency or Unit, head 
must notify the Chief Statistician of the United States.
    (d) Schedule of release dates. Each Recognized Statistical Agency 
or Unit must publicly announce and adhere to a schedule for the release 
of statistical products.
    (1) Each Recognized Statistical Agency or Unit must:
    (i) On the website required under Sec.  1321.4, publish a schedule 
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;
    (ii) Publish the date for release of non-regular or non-recurring 
statistical products on the schedule required under paragraph (d)(1)(i) 
of this section as soon as the date is established;
    (iii) Designate a point of contact responsible for information 
about the release schedule and make its contact information readily 
available to the public on the website required under Sec.  1321.4;
    (iv) Minimize changes to the release schedule after it has been 
published to accommodate only special, unforeseen circumstances; and
    (v) If the release date of a statistical product is changed after 
the schedule has been published, publicly announce the change to the 
schedule as soon as possible, provide a detailed explanation for such 
change and, for regular and recurring statistical products, notify the 
Chief Statistician of the United States.
    (2) Each parent agency must support adherence to the published 
schedule by:
    (i) Communicating any parent agency activities or processes that 
could impact the timing of dissemination activities to the Recognized 
Statistical Agency or Unit 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) Responsibilities of each Recognized Statistical Agency or Unit. 
Each Recognized Statistical Agency or Unit must uphold the 
responsibility to conduct credible and accurate statistical activities 
by carrying out its duties under this paragraph (a). The Recognized 
Statistical Agency or Unit must determine the appropriate methods, 
processes, policies, and general conduct of its statistical activities. 
Each Recognized Statistical Agency or Unit must:
    (1) Maintain publicly available policies and standards on the 
quality of the information used by the Recognized Statistical Agency or 
Unit and the statistical products it disseminates, 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 that is used by the Recognized 
Statistical Agency or Unit but does not originate from the Recognized 
Statistical Agency or Unit;
    (2) Publicly provide documentation for its statistical products, 
including:
    (i) Descriptions of methods and procedures used in designing, 
collecting, 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 the 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;
    (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; and
    (5)(i) Determine the appropriateness of and process for providing 
professional autonomy to employees of the Recognized Statistical Agency 
or Unit, including allowing employee engagement in professional 
development activities such as participating in peer review, 
publication, or professional associations, and attending and presenting 
at professional conferences without review or approval from the parent 
agency, subject to applicable statutes.
    (ii) When implementing paragraph (a)(5)(i) of this section, ensure 
all statutory requirements, such as ethics, are met.
    (b) Responsibilities of each parent agency. Each parent agency must 
enable, support, and facilitate the Recognized Statistical Agency and 
Unit in carrying out its responsibility to conduct credible and 
accurate statistical activities. Each parent agency must:
    (1) Ensure the Recognized Statistical Agency or Unit has sufficient 
autonomy to maintain its own standards for the quality of the data used 
and the statistical information it produces and to determine whether 
its statistical products are of sufficient quality for dissemination. 
Unless otherwise prohibited by statute, when a statute, rule, or policy 
authorizes any other agency official to make such determinations, that 
responsibility must 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 Recognized 
Statistical Agency or Unit until after the official release of the 
data;
    (3) Permit the Recognized Statistical Agency or Unit to determine 
whether statistical disseminations, including related statistical press 
releases or publicity materials not containing policy pronouncements, 
should be disseminated by or through the parent agency and, if so, 
ensure that statistical information attributable to the Recognized 
Statistical Agency or Unit disseminated by or through the parent agency 
is not altered in any way not authorized by the head of such Recognized 
Statistical Agency or Unit; and
    (4) Allow the head of the Recognized Statistical Agency or Unit to 
determine the appropriateness of and process for providing professional 
autonomy to employees of the Recognized Statistical Agency or Unit to 
submit articles that do not address policy, management, or budget 
issues, and that do not contain legally privileged information or 
information legally prohibited from disclosure, 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. 
When approval outside of the Recognized Statistical Agency or Unit is

[[Page 82479]]

required, such as ethics approval, the parent agency must either:
    (i) Assign the support component employee that will conduct these 
reviews to report to the head of the Recognized Statistical Agency or 
Unit; or
    (ii) Ensure that the support component employee conducting the 
review, in coordination with the liaison designated in Sec.  1321.4, 
provides 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.


Sec.  1321.7  Objectivity.

    (a) Responsibilities of each Recognized Statistical Agency and 
Unit. Each Recognized Statistical Agency and Unit must uphold the 
responsibility to conduct objective statistical activities by carrying 
out its duties under this paragraph (a). The Recognized Statistical 
Agency or Unit must determine the policies and practices that ensure 
objectivity of its statistical activities, including ensuring equitable 
access to the statistical products it disseminates. Each Recognized 
Statistical Agency or Unit must:
    (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) Disseminating impartial statistical products in a clear and 
complete manner, without limitation or selection to promote a 
particular policy position or group interest; and
    (iii) Announcing dissemination activities, such as through 
statistical press releases or on the Recognized Statistical Agency or 
Unit's website, 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;
    (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;
    (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; and
    (iii) For 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, 
rules and guidance issued by the Office of Management and Budget to 
implement 44 U.S.C. 3582 and 3583, and other applicable authorities 
that govern access to confidential statistical data;
    (3) Determine the necessary qualifications for 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, information 
technology (IT) specialists, and other subject matter experts) and 
evaluate candidates based on assessments of scientific and technical 
knowledge, credentials, and experience; and
    (4) Consistent with applicable law and policy, 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 within 
the Recognized Statistical Agency or Unit for granting access to its 
confidential statistical data and the information systems that hold 
confidential statistical data.
    (b) Responsibilities of each parent agency. Each parent agency must 
enable, support, and facilitate the Recognized Statistical Agency and 
Unit in carrying out its responsibility to conduct objective 
statistical activities. Each parent agency must--
    (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 the Recognized 
Statistical Agency and Unit to respond to inquiries from external 
interested communities and stakeholders, including the media, the 
Congress, and others, about its statistical products in a manner that 
ensures appropriate consultation with the parent agency 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 issues; legally privileged information; or 
matters affecting current or future litigation;
    (2) Support the impartiality of the Recognized Statistical Agency 
and Unit in its production and dissemination of statistical products by 
ensuring it is permitted to determine the methods for conducting 
statistical activities for statistical purposes and for disseminating 
statistical products. Unless otherwise prohibited by statute, when a 
statute, rule, or policy authorizes any other agency official to make 
such determinations, that responsibility must 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 resources of the Recognized Statistical Agency 
or Unit are managed by the Recognized Statistical Agency or Unit in 
accordance with the fundamental responsibilities described in this part 
by allowing the Recognized Statistical Agency or Unit 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 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 the Recognized Statistical Agency or 
Unit to manage and control its data by ensuring that the Recognized 
Statistical Agency and Unit has the authority to make all 
determinations regarding:
    (i) The governance of its data, including the archiving 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 
Office of Management and Budget policies, including the authority for 
ensuring compliance with the Standard Application Process required 
under 44 U.S.C. 3583 and related guidance.


Sec.  1321.8  Confidentiality.

    (a) Responsibilities of each Recognized Statistical Agency and 
Unit. Each Recognized Statistical Agency and Unit must uphold the 
responsibility to

[[Page 82480]]

protect the trust of information providers by ensuring the 
confidentiality and exclusive statistical use of confidential 
statistical data by carrying out its duties under this paragraph (a). 
The Recognized Statistical Agency or Unit must determine whether the 
tools, practices, and procedures employed to ensure the effective 
security of the confidential statistical data it holds comply with this 
part and with statistical laws. Each Recognized Statistical Agency or 
Unit must:
    (1) Secure all confidential statistical data against unauthorized 
access. This includes:
    (i) Ensuring that any information systems containing confidential 
statistical data employ effective barriers to restrict access such that 
only employees of the Recognized Statistical Agency or Unit or its 
authorized agents have access to such data. This must be done in 
accordance with the requirements of the Confidential Information 
Protection and Statistical Efficiency Act of 2018, codified as amended 
at 44 U.S.C. 3561-3576; 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, codified as amended at 44 U.S.C. 3551-3558, and other 
applicable laws and policies;
    (ii) Ensuring required security policies, configurations, and 
controls placed on information technology assets are appropriate to 
protect the confidentiality of confidential statistical data throughout 
the data lifecycle;
    (iii) Controlling logical access to data storage assets containing 
confidential statistical data and restricting access to authorized 
personnel; and
    (iv) Complying with paragraph (c) of this section;
    (2) Ensure that confidential statistical data are not used for any 
nonstatistical purposes. This includes:
    (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; and
    (iii) Complying with paragraph (c) of this section;
    (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:
    (i) Making readily accessible, for example, 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 respondents to collections 
of information sponsored by the Recognized Statistical Agency or Unit 
consistent with this section, including 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 any 
agreement with the providing agency addresses any legal requirements 
for notice and consent consistent with applicable law and applicable 
rules 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 Agency or Unit of their responsibility not to 
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 agent 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) Responsibilities of each parent agency. Each parent agency must 
enable, support, and facilitate the Recognized Statistical Agency or 
Unit in carrying out its responsibility to protect the trust of 
information providers by ensuring the confidentiality and exclusive 
statistical use of its information. Each parent agency must:
    (1) Ensure that the Recognized Statistical Agency or Unit has the 
sole authority to provide access to its confidential statistical data. 
Unless otherwise prohibited by statute, when a statute, rule, or policy 
authorizes any other official to control access to such data, that 
responsibility must be delegated to the head of the Recognized 
Statistical Agency or Unit.
    (2) Ensure that implementation of the Federal Information 
Technology Acquisition Reform Act, 40 U.S.C. 11319, is consistent with 
the Recognized Statistical Agency or Unit's 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; and
    (ii) Ensuring that confidential statistical data are protected by 
any effective security standards established in writing by the 
Recognized Statistical Agency or Unit.
    (3) Ensure that the Senior Agency Official for Privacy consults 
with the Recognized Statistical Agency or Unit when the Senior Agency 
Official for Privacy performs duties related to the Recognized 
Statistical Agency or Unit's statistical activities, including under 
the Privacy Act of 1974, codified as amended at 5 U.S.C. 552a; the E-
Government Act of 2002, codified at 44 U.S.C. 3501 note; and other 
applicable statutory requirements, including:
    (i) Conducting Privacy Impact Assessments on information technology 
systems that store and process confidential statistical data, as 
required by law and Office of Management and Budget guidance;
    (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 
containing personally identifiable information in a way that complies 
with law and policy and is sensitive to the Recognized Statistical 
Agency or Unit's need to maintain the public trust.
    (4) Ensure that the agency Chief Freedom of Information Act Officer 
coordinates with the Recognized Statistical Agency or Unit to ensure 
appropriate application of exemptions pertaining to confidential 
statistical data in response to Freedom of Information Act requests.

[[Page 82481]]

    (c) Responsibilities to protect confidential statistical data. Each 
Recognized Statistical Agency or Unit is responsible for protecting the 
confidentiality and exclusive statistical use of confidential 
statistical data by carrying out its duties under this paragraph (c). 
Each parent agency must enable, support, and facilitate the Recognized 
Statistical Agency or Unit in carrying out its responsibility to 
protect the confidentiality and exclusive statistical use of 
confidential statistical data.
    (1) The head of each Recognized Statistical Agency or Unit must:
    (i) Determine who is authorized to access confidential statistical 
data;
    (ii) Ensure that 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 must:
    (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 parent agency head must:
    (i) Ensure confidential statistical data are 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 they have 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; and
    (iii) Ensure the Recognized Statistical Agency or Unit has the 
resources necessary to ensure confidential statistical data are secure 
from unauthorized access.
    (3) Nothing in this part authorizes the parent agency head, or 
anyone else, to access confidential statistical data, unless the head 
of the Recognized Statistical Agency or Unit has designated such 
individual as an agent.
    (4) When a component needs access to confidential statistical data, 
the head of the component must:
    (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 the scope and number 
of its requests for 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 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 must 
coordinate with the head of the parent agency or any component 
requesting access to confidential statistical data as described in 
paragraphs (c)(2) and (4) of this section to identify and designate 
necessary agents to fulfill the component's responsibilities.
    (6) If the parent agency head 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 parent agency 
head must 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 must track access to 
its information systems that contain confidential statistical data and 
maintain sufficient access logs that detail the individual accessing 
such data and the time of access. Each Recognized Statistical Agency or 
Unit must ensure that confidential statistical data hosted outside of 
its information systems is maintained in a manner such that the host 
can track access to the confidential statistical data in a way 
sufficient to detail the individual accessing the data and the time of 
access and that the Recognized Statistical Agency or Unit is notified 
in a timely manner of any unauthorized access. The parent agency must 
ensure the Recognized Statistical Agency or Unit has sufficient 
technology resources to ensure all access to confidential statistical 
data is tracked.
    (i) The Recognized Statistical Agency or Unit must 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 must notify 
the parent agency head and the Chief Statistician of the United States, 
and the parent agency head and the head of the Recognized Statistical 
Agency or Unit must:
    (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.

    (a) Compliance review. In accordance with guidance promulgated 
under paragraph (e)(1) of this section, the Inspector General of each 
parent agency must conduct a review to determine whether the Recognized 
Statistical Agency or Unit and parent agency are in compliance with 
this part and whether the Recognized Statistical Agency or Unit has 
sufficient resources to carry out the fundamental responsibilities. To 
ensure consistent interpretation and application of statistical laws, 
the Inspector General must consult with the Chief Statistician of the 
United States.
    (b) Frequency of compliance review. (1) The Inspector General must 
conduct a compliance review of each Recognized Statistical Agency or 
Unit, in accordance with paragraph (a) of this section, no earlier 
December 10, 2026, and not less frequently than once every three years 
thereafter.
    (2) The Interagency Council on Statistical Policy (ICSP) may 
request a compliance review of a Recognized Statistical Agency or Unit 
and parent agency at any time if the ICSP has reason to believe there 
is a substantial change in circumstances regarding compliance with this 
part.
    (i) The ICSP must submit a written request for a compliance review 
with a detailed explanation of the reasons there may be a substantial 
change in compliance with this section to the Inspector General of the 
parent agency to be reviewed.
    (ii) The Inspector General must review any request from the ICSP, 
determine whether a review is appropriate, and provide a written 
response to the ICSP within 30 days of receiving such request.
    (c) Compliance review report. The Inspector General must submit a 
report on the results of the review made under

[[Page 82482]]

this section to the parent agency head, the head of the Recognized 
Statistical Agency or Unit, the Chief Statistician of the United 
States, and relevant congressional committees. For purposes of this 
review, the head of the Recognized Statistical Agency or Unit is 
considered a responsible official. The Inspector General shall include 
in the report a summary of major findings and, if deficiencies are 
identified during the review, a set of recommendations for improving 
compliance with this part.
    (d) Role of the Chief Statistician of the United States. The Chief 
Statistician of the United States will:
    (1) Engage with each Recognized Statistical Agency and Unit and 
parent agency to address any deficiencies identified in the report;
    (2) Publicly post a list of recommendations appropriate for public 
dissemination made to each agency and the status of the agency in 
addressing each recommendation on https://www.StatsPolicy.gov or any 
successor website;
    (3) Make available appropriate materials, training, and other 
relevant resources to the Council for Inspector General Integrity and 
Efficiency regarding statistical laws and practices; and
    (4) Include standards for remedial actions for a Recognized 
Statistical Agency or Unit for persistent failures to comply with this 
part in the guidance to implement the Recognized Statistical Agency or 
Unit designation process required under 44 U.S.C. 3562(a).
    (e) Council of the Inspectors General on Integrity and Efficiency. 
Not later than December 10, 2026, the Council of the Inspectors General 
on Integrity and Efficiency, in consultation with the Chief 
Statistician of the United States and with consideration given to the 
available resources and independence of individual Offices of 
Inspectors General, must:
    (1) Develop and promulgate guidance that specifies procedures for 
the compliance review, and compliance determinations required under 
paragraph (a) of this section and a standardized format for reports 
required under paragraph (c) of this section to ensure consistency 
across agencies;
    (2) Establish a working group for Inspectors General responsible 
for conducting reviews under this section to assist the Inspectors 
General in developing the expertise in statistical laws and processes 
necessary to ensure the integrity of statistical agencies; and
    (3) Regularly consult with the Chief Statistician of the United 
States on the appropriate interpretation and application of statistical 
laws and practices.

Shalanda D. Young,
Director, Office of Management and Budget.
[FR Doc. 2024-23536 Filed 10-10-24; 8:45 am]
BILLING CODE 3110-01-P


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