Federal Register/Vol. 67, No. 36/Friday, February 22, 2002/Notices

OFFICE OF MANAGEMENT AND

BUDGET

Guidelines for Ensuring and

Maximizing the Quality, Objectivity,

Utility, and Integrity of Information

Disseminated by Federal Agencies;

Republication

Editorial Note: Due to numerous errors,

this document is being reprinted in its

entirety. It was originally printed in the

Federal Register on Thursday, January 3,

2002 at 67 FR 369-378 and was corrected on

Tuesday, February 5, 2002 at 67 FR 5365.

AGENCY: Office of Management and

Budget, Executive Office of the

President.

ACTION: Final guidelines.

SUMMARY: These final guidelines

implement section 515 of the Treasury

and General Government

Appropriations Act for Fiscal Year 2001

(Public Law 106-554; H.R. 5658).

Section 515 directs the Office of

Management and Budget (OMB) to issue

government-wide guidelines that

"provide policy and procedural

guidance to Federal agencies for

ensuring and maximizing the quality,

objectivity, utility, and integrity of

information (including statistical

information) disseminated by Federal

agencies." By October 1, 2002, agencies

must issue their own implementing

guidelines that include "administrative

mechanisms allowing affected persons

to seek and obtain correction of

information maintained and

disseminated by the agency" that does

not comply with the OMB guidelines.

These final guidelines also reflect the

changes OMB made to the guidelines

issued September 28, 2001, as a result

of receiving additional comment on the

"capable of being substantially

reproduced" standard (paragraphs

V.3.B, V.9, and V.10), which OMB

previously issued on September 28,

2001, on an interim final basis.

DATES: Effective Date: January 3, 2002.

FOR FURTHER INFORMATION CONTACT:

Brooke J. Dickson, Office of Information

and Regulatory Affairs, Office of

Management and Budget, Washington,

DC 20503. Telephone (202) 395-3785 or

by e-mail to

informationquality@omb.eop.gov.

SUPPLEMENTARY INFORMATION: In section

515(a) of the Treasury and General

Government Appropriations Act for

Fiscal Year 2001 (Public Law 106-554;

H.R. 5658), Congress directed the Office

of Management and Budget (OMB) to

issue, by September 30, 2001,

government-wide guidelines that

"provide policy and procedural

guidance to Federal agencies for

ensuring and maximizing the quality,

objectivity, utility, and integrity of

information (including statistical

information) disseminated by Federal

agencies * * *" Section 515(b) goes on

to state that the OMB guidelines shall:

"(1) apply to the sharing by Federal

agencies of, and access to, information

disseminated by Federal agencies; and

"(2) require that each Federal agency

to which the guidelines apply-

"(A) issue guidelines ensuring and

maximizing the quality, objectivity,

utility, and integrity of information

(including statistical information)

disseminated by the agency, by not later

than 1 year after the date of issuance of

the guidelines under subsection (a);

"(B) establish administrative

mechanisms allowing affected persons

to seek and obtain correction of

information maintained and

disseminated by the agency that does

not comply with the guidelines issued

under subsection (a); and

"(C) report periodically to the

Director-

"(i) the number and nature of

complaints received by the agency

regarding the accuracy of information

disseminated by the agency and;

"(ii) how such complaints were

handled by the agency."

Proposed guidelines were published

in the Federal Register on June 28, 2001

(66 FR 34489). Final guidelines were

published in the Federal Register on

September 28, 2001 (66 FR 49718). The

Supplementary Information to the final

guidelines published in September 2001

provides background, the underlying

principles OMB followed in issuing the

final guidelines, and statements of

intent concerning detailed provisions in

the final guidelines.

In the final guidelilnes published in

September 2001, OMB also requested

additional comment on the "capable of

being substantially reproduced"

standard and the related definition of

"influential scientific or statistical

information" (paragraphs V.3.B, V.9,

and V.10), which were issued on an

interim final basis. The final guidelines

published today discuss the public

comments OMB received, the OMB

response, and amendments to the final

guidelines published in September

2001.

In developing agency-specific

guidelines, agencies should refer both to

the Supplementary Information to the

final guidelines published in the

Federal Register on September 28, 2001

(66 FR 49718), and also to the

Supplementary Information published

today. We stress that the three

"Underlying Principles" that OMB

followed in drafting the guidelines that

we published on September 28, 2001

(66 FR 49719), are also applicable to the

amended guidelines that we publish

today.

In accordance with section 515, OMB

has designed the guidelines to help

agencies ensure and maximize the

quality, utility, objectivity and integrity

of the information that they disseminate

(meaning to share with, or give access

to, the public). It is crucial that

information Federal agencies

disseminate meets these guidelines. In

this respect, the fact that the Internet

enables agencies to communicate

information quickly and easily to a wide

audience not only offers great benefits to

society, but also increases the potential

harm that can result from the

dissemination of information that does

not meet basic information quality

guidelines. Recognizing the wide variety

of information Federal agencies

disseminate and the wide variety of

dissemination practices that agencies

have, OMB developed the guidelines

with several principles in mind.

First, OMB designed the guidelines to

apply to a wide variety of government

information dissemination activities

that may range in importance and scope.

OMB also designed the guidelines to be

generic enough to fit all media, be they

printed, electronic, or in other form.

OMB sought to avoid the problems that

would be inherent in developing

detailed, prescriptive, "one-size-fits-all"

government-wide guidelines that would

artificially require different types of

dissemination activities to be treated in

the same manner. Through this

flexibility, each agency will be able to

incorporate the requirements of these

OMB guidelines into the agency's own

information resource management and

administrative practices.

Second, OMB designed the guidelines

so that agencies will meet basic

information quality standards. Given the

administrative mechanisms required by

section 515 as well as the standards set

forth in the Paperwork Reduction Act, it

is clear that agencies should not

disseminate substantive information

that does not meet a basic level of

quality. We recognize that some

government information may need to

meet higher or more specific

information quality standards than

those that would apply to other types of

government information. The more

important the information, the higher

the quality standards to which it should

be held, for example, in those situations

involving "influential scientific,

financial, or statistical information" (a

phrase defined in these guidelines). The

guidelines recognize, however, that

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information quality comes at a cost.

Accordingly, the agencies should weigh

the costs (for example, including costs

attributable to agency processing effort,

respondent burden, maintenance of

needed privacy, and assurances of

suitable confidentiality) and the benefits

of higher information quality in the

development of information, and the

level of quality to which the information

disseminated will be held.

Third, OMB designed the guidelines

so that agencies can apply them in a

common-sense and workable manner. It

is important that these guidelines do not

impose unnecessary administrative

burdens that would inhibit agencies

from continuing to take advantage of the

Internet and other technologies to

disseminate information that can be of

great benefit and value to the public. In

this regard, OMB encourages agencies to

incorporate the standards and

procedures required by these guidelines

into their existing information resources

management and administrative

practices rather than create new and

potentially duplicative or contradictory

processes. The primary example of this

is that the guidelines recognize that, in

accordance with OMB Circular A-130,

agencies already have in place wellestablished information quality

standards and administrative

mechanisms that allow persons to seek

and obtain correction of information

that is maintained and disseminated by

the agency. Under the OMB guidelines,

agencies need only ensure that their

own guidelines are consistent with

these OMB guidelines, and then ensure

that their administrative mechanisms

satisfy the standards and procedural

requirements in the new agency

guidelines. Similarly, agencies may rely

on their implementation of the Federal

Government's computer security laws

(formerly, the Computer Security Act,

and now the computer security

provisions of the Paperwork Reduction

Act) to establish appropriate security

safeguards for ensuring the "integrity"

of the information that the agencies

disseminate.

In addition, in response to concerns

expressed by some of the agencies, we

want to emphasize that OMB recognizes

that Federal agencies provide a wide

variety of data and information.

Accordingly, OMB understands that the

guidelines discussed below cannot be

implemented in the same way by each

agency. In some cases, for example, the

data disseminated by an agency are not

collected by that agency; rather, the

information the agency must provide in

a timely manner is compiled from a

variety of sources that are constantly

updated and revised and may be

confidential. In such cases, while

agencies' implementation of the

guidelines may differ, the essence of the

guidelines will apply. That is, these

agencies must make their methods

transparent by providing

documentation, ensure quality by

reviewing the underlying methods used

in developing the data and consulting

(as appropriate) with experts and users,

and keep users informed about

corrections and revisions.

Summary of OMB Guidelines

These guidelines apply to Federal

agencies subject to the Paperwork

Reduction Act (44 U.S.C. chapter 35).

Agencies are directed to develop

information resources management

procedures for reviewing and

substantiating (by documentation or

other means selected by the agency) the

quality (including the objectivity,

utility, and integrity) of information

before it is disseminated. In addition,

agencies are to establish administrative

mechanisms allowing affected persons

to seek and obtain, where appropriate,

correction of information disseminated

by the agency that does not comply with

the OMB or agency guidelines.

Consistent with the underlying

principles described above, these

guidelines stress the importance of

having agencies apply these standards

and develop their administrative

mechanisms so they can be

implemented in a common sense and

workable manner. Moreover, agencies

must apply these standards flexibly, and

in a manner appropriate to the nature

and timeliness of the information to be

disseminated, and incorporate them into

existing agency information resources

management and administrative

practices.

Section 515 denotes four substantive

terms regarding information

disseminated by Federal agencies:

quality, utility, objectivity, and

integrity. It is not always clear how each

substantive term relates-or how the

four terms in aggregate relate-to the

widely divergent types of information

that agencies disseminate. The

guidelines provide definitions that

attempt to establish a clear meaning so

that both the agency and the public can

readily judge whether a particular type

of information to be disseminated does

or does not meet these attributes.

In the guidelines, OMB defines

"quality" as the encompassing term, of

which "utility," "objectivity," and

"integrity" are the constituents.

"Utility" refers to the usefulness of the

information to the intended users.

"Objectivity" focuses on whether the

disseminated information is being

presented in an accurate, clear,

complete, and unbiased manner, and as

a matter of substance, is accurate,

reliable, and unbiased. "Integrity" refers

to security-the protection of

information from unauthorized access

or revision, to ensure that the

information is not compromised

through corruption or falsification. OMB

modeled the definitions of

"information," "government

information," "information

dissemination product," and

"dissemination" on the longstanding

definitions of those terms in OMB

Circular A-130, but tailored them to fit

into the context of these guidelines.

In addition, Section 515 imposes two

reporting requirements on the agencies.

The first report, to be promulgated no

later than October 1, 2002, must provide

the agency's information quality

guidelines that describe administrative

mechanisms allowing affected persons

to seek and obtain, where appropriate,

correction of disseminated information

that does not comply with the OMB and

agency guidelines. The second report is

an annual fiscal year report to OMB (to

be first submitted on January 1, 2004)

providing information (both quantitative

and qualitative, where appropriate) on

the number, nature, and resolution of

complaints received by the agency

regarding its perceived or confirmed

failure to comply with these OMB and

agency guidelines.

Public Comments and OMB Response

Applicability of Guidelines. Some

comments raised concerns about the

applicability of these guidelines,

particularly in the context of scientific

research conducted by Federally

employed scientists or Federal grantees

who publish and communicate their

research findings in the same manner as

their academic colleagues. OMB

believes that information generated and

disseminated in these contexts is not

covered by these guidelines unless the

agency represents the information as, or

uses the information in support of, an

official position of the agency.

As a general matter, these guidelines

apply to "information" that is

"disseminated" by agencies subject to

the Paperwork Reduction Act (44 U.S.C.

3502(1)). See paragraphs II, V.5 and V.8.

The definitions of "information" and

"dissemination" establish the scope of

the applicability of these guidelines.

"Information" means "any

communication or representation of

knowledge such as facts or data * * "

This definition of information in

paragraph V.5 does "not include

opinions, where the agency's

presentation makes it clear that what is

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being offered is someone's opinion

rather than fact or the agency's views."

"Dissemination" is defined to mean "agency initiated or sponsored

distribution of information to the

public." As used in paragraph V.8, "agency INITIATED * * * distribution

of information to the public" refers to

information that the agency

disseminates, e.g., a risk assessment

prepared by the agency to inform the

agency's formulation of possible

regulatory or other action. In addition,

if an agency, as an institution,

disseminates information prepared by

an outside party in a manner that

reasonably suggests that the agency

agrees with the information, this

appearance of having the information

represent agency views makes agency

dissemination of the information subject

to these guidelines. By contrast, an

agency does not "initiate" the

dissemination of information when a

Federally employed scientist or Federal

grantee or contractor publishes and

communicates his or her research

findings in the same manner as his or

her academic colleagues, even if the

Federal agency retains ownership or

other intellectual property rights

because the Federal government paid for

the research. To avoid confusion

regarding whether the agency agrees

with the information (and is therefore

disseminating it through the employee

or grantee), the researcher should

include an appropriate disclaimer in the

publication or speech to the effect that

the "views are mine, and do not

necessarily reflect the view" of the

agency.

Similarly, as used in paragraph V.8., "agency * * * SPONSORED

distribution of information to the

public" refers to situations where an

agency has directed a third-party to

disseminate information, or where the

agency has the authority to review and

approve the information before release.

Therefore, for example, if an agency

through a procurement contract or a

grant provides for a person to conduct

research, and then the agency directs

the person to disseminate the results (or

the agency reviews and approves the

results before they may be

disseminated), then the agency has

"sponsored" the dissemination of this

information. By contrast, if the agency

simply provides funding to support

research, and it the researcher (not the

agency) who decides whether to

disseminate the results and-if the

results are to be released-who

determines the content and presentation

of the dissemination, then the agency

has not "sponsored" the dissemination

even though it has funded the research

and even if the Federal agency retains

ownership or other intellectual property

rights because the Federal government

paid for the research. To avoid

confusion regarding whether the agency

is sponsoring the dissemination, the

researcher should include an

appropriate disclaimer in the

publication or speech to the effect that

the "views are mine, and do not

necessarily reflect the view" of the

agency. On the other hand, subsequent

agency dissemination of such

information requires that the

information adhere to the agency's

information quality guidelines. In sum,

these guidelines govern an agency's

dissemination of information, but

generally do not govern a third-party's

dissemination of information (the

exception being where the agency is

essentially using the third-party to

disseminate information on the agency's

behalf). Agencies, particularly those that

fund scientific research, are encouraged

to clarify the applicability of these

guidelines to the various types of

information they and their employees

and grantees disseminate.

Paragraph V.8 also states that the

definition of "dissemination" does not

include" * *distribution limited to

correspondence with individuals or

persons, press releases, archival records,

public filings, subpoenas or adjudicative

processes." The exemption from the

definition of "dissemination" for

"adjudicative processes" is intended to

exclude, from the scope of these

guidelines, the findings and

determinations that an agency makes in

the course of adjudications involving

specific parties. There are wellestablished procedural safeguards and

rights to address the quality of

adjudicatory decisions and to provide

persons with an opportunity to contest

decisions. These guidelines do not

impose any additional requirements on

agencies during adjudicative

proceedings and do not provide parties

to such adjudicative proceedings any

additional rights of challenge or appeal.

The Presumption Favoring PeerReviewed Information.As a general

matter, in the scientific and research

context, we regard technical information

that has been subjected to formal,

independent, external peer review as

presumptively objective. As the

guidelines state in paragraph V.3.b.i: "If

data and analytic results have been

subjected to formal, independent,

external peer review, the information

may generally be presumed to be of

acceptable objectivity." An example of a

formal, independent, external peer

review is the review process used by

scientific journals.

Most comments approved of the

prominent role that peer review plays in

the OMB guidelines. Some comments

contended that peer review was not

accepted as a universal standard that

incorporates an established, practiced,

and sufficient level of objectivity. Other

comments stated that the guidelines

would be better clarified by making peer

review one of several factors that an

agency should consider in assessing the

objectivity (and quality in general) of

original research. In addition, several

comments noted that peer review does

not establish whether analytic results

are capable of being substantially

reproduced. In light of the comments,

the final guidelines in new paragraph

V.3.b.i qualify the presumption in favor

of peer-reviewed information as follows:

"However, this presumption is

rebuttable based on a persuasive

showing by the petitioner in a particular

instance."

We believe that transparency is

important for peer review, and these

guidelines set minimum standards for

the transparency of agency-sponsored

peer review. As we state in new

paragraph V.3.b.i: "If data and analytic

results have been subjected to formal,

independent, external peer review, the

information may generally be presumed

to be of acceptable objectivity. However,

this presumption is rebuttable based on

a persuasive showing by the petitioner

in a particular instance. If agencysponsored peer review is employed to

help satisfy the objectivity standard, the

review process employed shall meet the

general criteria for competent and

credible peer review recommended by

OMB-OIRA to the President's

Management Council (9/20/01) (http://

www.whitehouse.gov/omb/inforeg/

oira review-process.html), namely, 'that

(a) peer reviewers be selected primarily

on the basis of necessary technical

expertise, (b) peer reviewers be expected

to disclose to agencies prior technical/

policy positions they may have taken on

the issues at hand, (c) peer reviewers be

expected to disclose to agencies their

sources of personal and institutional

funding (private or public sector), and

(d) peer reviews be conducted in an

open and rigorous manner.'"

The importance of these general

criteria for competent and credible peer

review has been supported by a number

of expert bodies. For example, "the

work of fully competent peer-review

panels can be undermined by

allegations of conflict of interest and

bias. Therefore, the best interests of the

Board are served by effective policies

and procedures regarding potential

conflicts of interest, impartiality, and

panel balance." (EPA's Science Advisory

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Board Panels: Improved Policies and

Procedures Needed to Ensure

Independence and Balance, GAO-01-

536, General Accounting Office,

Washington, DC, June 2001, page 19.)

As another example, "risk analyses

should be peer-reviewed and

accessible-both physically and

intellectually-so that decision-makers

at all levels will be able to respond

critically to risk characterizations. The

intensity of the peer reviews should be

commensurate with the significance of

the risk or its management

implications." (Setting Priorities,

Getting Results: A New Direction for

EPA, Summary Report, National

Academy of Public Administration,

Washington, DC, April 1995, page 23.)

These criteria for peer reviewers are

generally consistent with the practices

now followed by the National Research

Council of the National Academy of

Sciences. In considering these criteria

for peer reviewers, we note that there

are many types of peer reviews and that

agency guidelines concerning the use of

peer review should tailor the rigor of

peer review to the importance of the

information involved. More generally,

agencies should define their peer-review

standards in appropriate ways, given the

nature and importance of the

information they disseminate.

Is Journal Peer Review Always

Sufficient? Some comments argued that

journal peer review should be adequate

to demonstrate quality, even for

influential information that can be

expected to have major effects on public

policy. OMB believes that this position

overstates the effectiveness of journal

peer review as a quality-control

mechanism.

Although journal peer review is

clearly valuable, there are cases where

flawed science has been published in

respected journals. For example, the

NIH Office of Research Integrity recently

reported the following case regarding

environmental health research:

"Based on the report of an investigation

conducted by [XX] University, dated July 16,

1999, and additional analysis conducted by

ORI in its oversight review, the US Public

Health Service found that Dr. [X] engaged in

scientific misconduct. Dr. [X] committed

scientific misconduct by intentionally

falsifying the research results published in

the journal SCIENCE and by providing

falsified and fabricated materials to

investigating officials at [XX] University in

response to a request for original data to

support the research results and conclusions

report in the SCIENCE paper. In addition,

PHS finds that there is no original data or other corroborating evidence to support the

research results and conclusions reported in

the SCIENCE paper as a whole." (66 FR

52137, October 12, 2001).

Although such cases of falsification

are presumably rare, there is a

significant scholarly literature

documenting quality problems with

articles published in peer-reviewed

research. "In a [peer-reviewed] metaanalysis that surprised many-and some

doubt-researchers found little evidence

that peer review actually improves the

quality of research papers." (See, e.g.,

Science, Vol. 293, page 2187 (September

21, 2001.)) In part for this reason, many

agencies have already adopted peer

review and science advisory practices

that go beyond journal peer review. See,

e.g., Sheila Jasanoff, The Fifth Branch:

Science Advisers as Policy Makers,

Cambridge, MA, Harvard University

Press, 1990; Mark R. Powell, Science at

EPA: Information in the Regulatory

Process. Resources for the Future,

Washington, DC., 1999, pages 138-139;

151-153; Implementation of the

Environmental Protection Agency's Peer

Review Program: An SAB Evaluation of

Three Reviews, EPA-SAB-RSAC-01-

009, A Review of the Research Strategies

Advisory Committee (RSAC) of the EPA

Science Advisory Board (SAB),

Washington, DC., September 26, 2001.

For information likely to have an

important public policy or private sector

impact, OMB believes that additional

quality checks beyond peer review are

appropriate.

Definition of "Influential". OMB

guidelines apply stricter quality

standards to the dissemination of

information that is considered

"influential." Comments noted that the

breadth of the definition of "influential"

in interim final paragraph V.9 requires

much speculation on the part of

agencies.

We believe that this criticism has

merit and have therefore narrowed the

definition. In this narrower definition,

"influential", when used in the phrase

"influential scientific, financial, or

statistical information", is amended to

mean that "the agency can reasonably

determine that dissemination of the

information will have or does have a

clear and substantial impact on

important public policies or important

private sector decisions." The intent of

the new phrase "clear and substantial"

is to reduce the need for speculation on

the part of agencies. We added the

present tense-"or does have"-to this

narrower definition because on

occasion, an information dissemination

may occur simultaneously with a

particular policy change. In response to

a public comment, we added an explicit

reference to "financial" information as

consistent with our original intent.

Given the differences in the many

Federal agencies covered by these

guidelines, and the differences in the

nature of the information they

disseminate, we also believe it will be

helpful if agencies elaborate on this

definition of "influential" in the context

of their missions and duties, with due

consideration of the nature of the

information they disseminate. As we

state in amended paragraph V.9, "Each

agency is authorized to define

'influential' in ways appropriate for it

given the nature and multiplicity of

issues for which the agency is

responsible."

Reproducibility. As we state in new

paragraph V.3.b.ii: "If an agency is

responsible for disseminating influential

scientific, financial, or statistical

information, agency guidelines shall

include a high degree of transparency

about data and methods to facilitate the

reproducibility of such information by

qualified third parties." OMB believes

that a reproducibility standard is

practical and appropriate for

information that is considered

"influential", as defined in paragraph

V.9-that "will have or does have a

clear and substantial impact on

important public policies or important

private sector decisions." The

reproducibility standard applicable to

influential scientific, financial, or

statistical information is intended to

ensure that information disseminated by

agencies is sufficiently transparent in

terms of data and methods of analysis

that it would be feasible for a replication

to be conducted. The fact that the use

of original and supporting data and

analytic results have been deemed

"defensible" by peer-review procedures

does not necessarily imply that the

results are transparent and replicable.

Reproducibility of Original and

Supporting Data. Several of the

comments objected to the exclusion of

original and supporting data from the

reproducibility requirements.

Comments instead suggested that OMB

should apply the reproducibility

standard to original data, and that OMB

should provide flexibility to the

agencies in determining what

constitutes "original and supporting"

data. OMB agrees and asks that agencies

consider, in developing their own

guidelines, which categories of original

and supporting data should be subject to

the reproducibility standard and which

should not. To help in resolving this

issue, we also ask agencies to consult

directly with relevant scientific and

technical communities on the feasibility

of having the selected categories of

original and supporting data subject to

the reproducibility standard. Agencies

are encouraged to address ethical,

feasibility, and confidentiality issues

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with care. As we state in new paragraph

V.3.b.ii.A, "Agencies may identify, in

consultation with the relevant scientific

and technical communities, those

particular types of data that can

practicably be subjected to a

reproducibility requirement, given

ethical, feasibility, or confidentiality

constraints." Further, as we state in our

expanded definition of

"reproducibility" in paragraph V.10, "If

agencies apply the reproducibility test

to specific types of original or

supporting data, the associated

guidelines shall provide relevant

definitions of reproducibility (e.g.,

standards for replication of laboratory

data)." OMB urges caution in the

treatment of original and supporting

data because it may often be impractical

or even impermissible or unethical to

apply the reproducibility standard to

such data. For example, it may not be

ethical to repeat a "negative"

(ineffective) clinical (therapeutic)

experiment and it may not be feasible to

replicate the radiation exposures

studied after the Chernobyl accident.

When agencies submit their draft agency

guidelines for OMB review, agencies

should include a description of the

extent to which the reproducibility

standard is applicable and reflect

consultations with relevant scientific

and technical communities that were

used in developing guidelines related to

applicability of the reproducibility

standard to original and supporting

data.

It is also important to emphasize that

the reproducibility standard does not

apply to all original and supporting data

disseminated by agencies. As we state in

new paragraph V.3.b.ii.A, "With regard

to original and supporting data related

[to influential scientific, financial, or

statistical information], agency

guidelines shall not require that all

disseminated data be subjected to a

reproducibility requirement." In

addition, we encourage agencies to

address how greater transparency can be

achieved regarding original and

supporting data. As we also state in new

paragraph V.3.b.ii.A, "It is understood

that reproducibility of data is an

indication of transparency about

research design and methods and thus

a replication exercise (i.e., a new

experiment, test, or sample) shall not be

required prior to each dissemination."

Agency guidelines need to achieve a

high degree of transparency about data

even when reproducibility is not

required.

Reproducibility of Analytic Results.

Many public comments were critical of

the reproducibility standard and

expressed concern that agencies would

be required to reproduce each analytical

result before it is disseminated. While

several comments commended OMB for

establishing an appropriate balance in

the "capable of being substantially

reproduced" standard, others

considered this standard to be

inherently subjective. There were also

comments that suggested the standard

would cause more burden for agencies.

It is not OMB's intent that each

agency must reproduce each analytic

result before it is disseminated. The

purpose of the reproducibility standard

is to cultivate a consistent agency

commitment to transparency about how

analytic results are generated: the

specific data used, the various

assumptions employed, the specific

analytic methods applied, and the

statistical procedures employed. If

sufficient transparency is achieved on

each of these matters, then an analytic

result should meet the "capable of being

substantially reproduced" standard.

While there is much variation in types

of analytic results, OMB believes that

reproducibility is a practical standard to

apply to most types of analytic results.

As we state in new paragraph V.3.b.ii.B,

"With regard to analytic results related

[to influential scientific, financial, or

statistical information], agency

guidelines shall generally require

sufficient transparency about data and

methods that an independent reanalysis

could be undertaken by a qualified

member of the public. These

transparency standards apply to agency

analysis of data from a single study as

well as to analyses that combine

information from multiple studies." We

elaborate upon this principle in our

expanded definition of

"reproducibility" in paragraph V.i0:

"With respect to analytic results, 'capable of being substantially

reproduced' means that independent

analysis of the original or supporting

data using identical methods would

generate similar analytic results, subject

to an acceptable degree of imprecision

or error."

Even in a situation where the original

and supporting data are protected by

confidentiality concerns, or the analytic

computer models or other research

methods may be kept confidential to

protect intellectual property, it may still

be feasible to have the analytic results

subject to the reproducibility standard.

For example, a qualified party,

operating under the same

confidentiality protections as the

original analysts, may be asked to use

the same data, computer model or

statistical methods to replicate the

analytic results reported in the original

study. See, e.g., "Reanalysis of the

Harvard Six Cities Study and the

American Cancer Society Study of

Particulate Air Pollution and Mortality,"

A Special Report of the Health Effects

Institute's Particle Epidemiology

Reanalysis Project, Cambridge, MA,

2000.

The primary benefit of public

transparency is not necessarily that

errors in analytic results will be

detected, although error correction is

clearly valuable. The more important

benefit of transparency is that the public

will be able to assess how much an

agency's analytic result hinges on the

specific analytic choices made by the

agency. Concreteness about analytic

choices allows, for example, the

implications of alternative technical

choices to be readily assessed. This type

of sensitivity analysis is widely

regarded as an essential feature of highquality analysis, yet sensitivity analysis

cannot be undertaken by outside parties

unless a high degree of transparency is

achieved. The OMB guidelines do not

compel such sensitivity analysis as a

necessary dimension of quality, but the

transparency achieved by

reproducibility will allow the public to

undertake sensitivity studies of interest.

We acknowledge that confidentiality

concerns will sometimes preclude

public access as an approach to

reproducibility. In response to public

comment, we have clarified that such

concerns do include interests in

"intellectual property." To ensure that

the OMB guidelines have sufficient

flexibility with regard to analytic

transparency, OMB has, in new

paragraph V.3.b.ii.B.i, provided agencies

an alternative approach for classes or

types of analytic results that cannot

practically be subject to the

reproducibility standard. "[In those

situations involving influential

scientific, financial, or statistical

information * * * ] making the data and

methods publicly available will assist in

determining whether analytic results are

reproducible. However, the objectivity

standard does not override other

compelling interests such as privacy,

trade secrets, intellectual property, and

other confidentiality protections.

Specifically, in cases where

reproducibility will not occur due to

other compelling interests, we expect

agencies (1) to perform robustness

checks appropriate to the importance of

the information involved, e.g.,

determining whether a specific statistic

is sensitive to the choice of analytic

method, and, accompanying the

information disseminated, to document

their efforts to assure the needed

robustness in information quality, and

(2) address in their guidelines the

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degree to which they anticipate the

opportunity for reproducibility to be

limited by the confidentiality of

underlying data. As we state in new

paragraph V.3.b.ii.B.ii, "In situations

where public access to data and

methods will not occur due to other

compelling interests, agencies shall

apply especially rigorous robustness

checks to analytic results and document

what checks were undertaken. Agency

guidelines shall, however, in all cases,

require a disclosure of the specific data

sources that have been used and the

specific quantitative methods and

assumptions that have been employed."

Given the differences in the many

Federal agencies covered by these

guidelines, and the differences in

robustness checks and the level of detail

for documentation thereof that might be

appropriate for different agencies, we

also believe it will be helpful if agencies

elaborate on these matters in the context

of their missions and duties, with due

consideration of the nature of the

information they disseminate. As we

state in new paragraph V.3.b.ii.B.ii,

"Each agency is authorized to define the

type of robustness checks, and the level

of detail for documentation thereof, in

ways appropriate for it given the nature

and multiplicity of issues for which the

agency is responsible."

We leave the determination of the

appropriate degree of rigor to the

discretion of agencies and the relevant

scientific and technical communities

that work with the agencies. We do,

however, establish a general standard

for the appropriate degree of rigor in our

expanded definition of

"reproducibility" in paragraph V.10:

"'Reproducibility' means that the

information is capable of being

substantially reproduced, subject to an

acceptable degree of imprecision. For

information judged to have more (less)

important impacts, the degree of

imprecision that is tolerated is reduced

(increased)." OMB will review each

agency's treatment of this issue when

reviewing the agency guidelines as a

whole.

Comments also expressed concerns

regarding interim final paragraph

V.3.B.iii, "making the data and models

publicly available will assist in

determining whether analytic results are

capable of being substantially

reproduced," and whether it could be

interpreted to constitute public

dissemination of these materials,

rendering moot the reproducibility test.

(For the equivalent provision, see new

paragraph V.3.b.ii.B.i.) The OMB

guidelines do not require agencies to

reproduce each disseminated analytic

result by independent reanalysis. Thus,

public dissemination of data and

models per se does not mean that the

analytic result has been reproduced. It

means only that the result should be

CAPABLE of being reproduced. The

transparency associated with this

capability of reproduction is what the

OMB guidelines are designed to

achieve.

We also want to build on a general

observation that we made in our final

guidelines published in September

2001. In those guidelines we stated:

in those situations involving influential

scientific[, financial,] or statistical

information, the substantial

reproducibility standard is added as a

quality standard above and beyond

some peer review quality standards" (66

FR 49722 (September 28, 2001)). A

hypothetical example may serve to

illustrate this point. Assume that two

Federal agencies initiated or sponsored

the dissemination of five scientific

studies after October 1, 2002 (see

paragraph 111.4) that were, before

dissemination, subjected to formal,

independent, external peer review, i.e.,

that met the presumptive standard for

"objectivity" under paragraph V.3.b.i.

Further assume, at the time of

dissemination, that neither agency

reasonably expected that the

dissemination of any of these studies

would have "a clear and substantial

impact" on important public policies,

i.e., that these studies were not

considered "influential" under

paragraph V.9, and thus not subject to

the reproducibility standards in

paragraphs V.3.b.ii.A or B. Then

assume, two years later, in 2005, that

one of the agencies decides to issue an

important and far-reaching regulation

based clearly and substantially on the

agency's evaluation of the analytic

results set forth in these five studies and

that such agency reliance on these five

studies as published in the agency's

notice of proposed rulemaking would

constitute dissemination of these five

studies. These guidelines would require

the rulemaking agency, prior to

publishing the notice of proposed

rulemaking, to evaluate these five

studies to determine if the analytic

results stated therein would meet the

"capable of being substantially

reproduced" standards in paragraph

V.3.b.ii.B and, if necessary, related

standards governing original and

supporting data in paragraph V.3.b.ii.A.

If the agency were to decide that any of

the five studies would not meet the

reproducibility standard, the agency

may still rely on them but only if they

satisfy the transparency standard andas applicable-the disclosure of

robustness checks required by these

guidelines. Otherwise, the agency

should not disseminate any of the

studies that did not meet the applicable

standards in the guidelines at the time

it publishes the notice of proposed

rulemaking.

Some comments suggested that OMB

consider replacing the reproducibility

standard with a standard concerning "confirmation" of results for influential

scientific and statistical information.

Although we encourage agencies to

consider "confirmation" as a relevant

standard-at least in some cases-for

assessing the objectivity of original and

supporting data, we believe that

"confirmation" is too stringent a

standard to apply to analytic results.

Often the regulatory impact analysis

prepared by an agency for a major rule,

for example, will be the only formal

analysis of an important subject. It

would be unlikely that the results of the

regulatory impact analysis had already

been confirmed by other analyses. The

"capable of being substantially

reproduced" standard is less stringent

than a "confirmation" standard because

it simply requires that an agency's

analysis be sufficiently transparent that

another qualified party could replicate it

through reanalysis.

Health, Safety, and Environmental

Information. We note, in the scientific

context, that in 1996 the Congress, for

health decisions under the Safe

Drinking Water Act, adopted a basic

standard of quality for the use of science

in agency decisionmaking. Under 42

U.S.C. 300g-l(b)(3)(A), an agency is

directed, "to the degree that an Agency

action is based on science," to use "(i)

the best available, peer-reviewed

science and supporting studies

conducted in accordance with sound

and objective scientific practices; and

(ii) data collected by accepted methods

or best available methods (if the

reliability of the method and the nature

of the decision justifies use of the

data)."

We further note that in the 1996

amendments to the Safe Drinking Water

Act, Congress adopted a basic quality

standard for the dissemination of public

information about risks of adverse

health effects. Under 42 U.S.C. 300g1(b)(3)(B), the agency is directed, "to

ensure that the presentation of

information [risk] effects is

comprehensive, informative, and

understandable." The agency is further

directed, "in a document made available

to the public in support of a regulation

[to] specify, to the extent practicable-

(i) each population addressed by any

estimate [of applicable risk effects]; (ii)

the expected risk or central estimate of

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risk for the specific populations

[affected]; (iii) each appropriate upperbound or lower-bound estimate of risk;

(iv) each significant uncertainty

identified in the process of the

assessment of [risk] effects and the

studies that would assist in resolving

the uncertainty; and (v) peer-reviewed

studies known to the [agency] that

support, are directly relevant to, or fail

to support any estimate of [risk] effects

and the methodology used to reconcile

inconsistencies in the scientific data."

As suggested in several comments, we

have included these congressional

standards directly in new paragraph

V.3.b.ii.C, and made them applicable to

the information disseminated by all the

agencies subject to these guidelines:

"With regard to analysis of risks to

human health, safety and the

environment maintained or

disseminated by the agencies, agencies

shall either adopt or adapt the quality

principles applied by Congress to risk

information used and disseminated

pursuant to the Safe Drinking Water Act

Amendments of 1996 (42 U.S.C. 300g1(b)(3)(A) & (B))." The word "adapt" is

intended to provide agencies flexibility

in applying these principles to various

types of risk assessment.

Comments also argued that the

continued flow of vital information from

agencies responsible for disseminating

health and medical information to

medical providers, patients, and the

public may be disrupted due to these

peer review and reproducibility

standards. OMB responded by adding to

new paragraph V.3.b.ii.C: "Agencies

responsible for dissemination of vital

health and medical information shall

interpret the reproducibility and peerreview standards in a manner

appropriate to assuring the timely flow

of vital information from agencies to

medical providers, patients, health

agencies, and the public. Information

quality standards may be waived

temporarily by agencies under urgent

situations (e.g., imminent threats to

public health or homeland security) in

accordance with the latitude specified

in agency-specific guidelines."

Administrative Correction

Mechanisms. In addition to commenting

on the substantive standards in these

guidelines, many of the comments noted

that the OMB guidelines on the

administrative correction of information

do not specify a time period in which

the agency investigation and response

must be made. OMB has added the

following new paragraph III.3.i to direct

agencies to specify appropriate time

periods in which the investigation and

response need to be made. "Agencies

shall specify appropriate time periods

for agency decisions on whether and

how to correct the information, and

agencies shall notify the affected

persons of the corrections made."

Several comments stated that the

OMB guidelines needed to direct

agencies to consider incorporating an

administrative appeal process into their

administrative mechanisms for the

correction of information. OMB agreed,

and added the following new paragraph

III.3.ii: "If the person who requested the

correction does not agree with the

agency's decision (including the

corrective action, if any), the person

may file for reconsideration within the

agency. The agency shall establish an

administrative appeal process to review

the agency's initial decision, and specify

appropriate time limits in which to

resolve such requests for

reconsideration." Recognizing that

many agencies already have a process in

place to respond to public concerns, it

is not necessarily OMB's intent to

require these agencies to establish a new

or different process. Rather, our intent is

to ensure that agency guidelines specify

an objective administrative appeal

process that, upon furthercomplaint by

the affected person, reviews an agency's

decision to disagree with the correction

request. An objective process will

ensure that the office that originally

disseminates the information does not

have responsibility for both the initial

response and resolution of a

disagreement. In addition, the agency

guidelines should specify that if the

agency believes other agencies may have

an interest in the resolution of any

administrative appeal, the agency

should consult with those other

agencies about their possible interest.

Overall, OMB does not envision

administrative mechanisms that would

burden agencies with frivolous claims.

Instead, the correction process should

serve to address the genuine and valid

needs of the agency and its constituents

without disrupting agency processes.

Agencies, in making their determination

of whether or not to correct information,

may reject claims made in bad faith or

without justification, and are required to

undertake only the degree of correction

that they conclude is appropriate for the

nature and timeliness of the information

involved, and explain such practices in

their annual fiscal year reports to OMB.

OMB's issuance of these final

guidelines is the beginning of an

evolutionary process that will include

draft agency guidelines, public

comment, final agency guidelines,

development of experience with OMB

and agency guidelines, and continued

refinement of both OMB and agency

guidelines. Just as OMB requested

public comment before issuing these

final guidelines, OMB will refine these

guidelines as experience develops and

further public comment is obtained.

Dated: December 21, 2001.

John D. Graham,

Administrator, Office of Information and

Regula tory Affairs.

Guidelines for Ensuring and

Maximizing the Quality, Objectivity,

Utility, and Integrity of Information

Disseminated by Federal Agencies

L OMB Responsibilities

Section 515 of the Treasury and

General Government Appropriations

Act for FY2001 (Public Law 106-554)

directs the Office of Management and

Budget to issue government-wide

guidelines that provide policy and

procedural guidance to Federal agencies

for ensuring and maximizing the

quality, objectivity, utility, and integrity

of information, including statistical

information, disseminated by Federal

agencies.

II. Agency Responsibilities

Section 515 directs agencies subject to

the Paperwork Reduction Act (44 U.S.C.

3502(1)) to1. Issue their own information quality

guidelines ensuring and maximizing the

quality, objectivity, utility, and integrity

of information, including statistical

information, disseminated by the agency

no later than one year after the date of

issuance of the OMB guidelines;

2. Establish administrative

mechanisms allowing affected persons

to seek and obtain correction of

information maintained and

disseminated by the agency that does

not comply with these OMB guidelines;

and

3. Report to the Director of OMB the

number and nature of complaints

received by the agency regarding agency

compliance with these OMB guidelines

concerning the quality, objectivity,

utility, and integrity of information and

how such complaints were resolved.

IlL. Guidelines for Ensuring and

Maximizing the Quality, Objectivity,

Utility, and Integrity of Information

Disseminated by Federal Agencies

1. Overall, agencies shall adopt a

basic standard of quality (including

objectivity, utility, and integrity) as a

performance goal and should take

appropriate steps to incorporate

information quality criteria into agency

information dissemination practices.

Quality is to be ensured and established

at levels appropriate to the nature and

timeliness of the information to be

disseminated. Agencies shall adopt

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specific standards of quality that are

appropriate for the various categories of

information they disseminate.

2. As a matter of good and effective

agency information resources

management, agencies shall develop a

process for reviewing the quality

(including the objectivity, utility, and

integrity) of information before it is

disseminated. Agencies shall treat

information quality as integral to every

step of an agency's development of

information, including creation,

collection, maintenance, and

dissemination. This process shall enable

the agency to substantiate the quality of

the information it has disseminated

through documentation or other means

appropriate to the information.

3. To facilitate public review, agencies

shall establish administrative

mechanisms allowing affected persons

to seek and obtain, where appropriate,

timely correction of information

maintained and disseminated by the

agency that does not comply with OMB

or agency guidelines. These

administrative mechanisms shall be

flexible, appropriate to the nature and

timeliness of the disseminated

information, and incorporated into

agency information resources

management and administrative

practices.

i. Agencies shall specify appropriate

time periods for agency decisions on

whether and how to correct the

information, and agencies shall notify

the affected persons of the corrections

made.

ii. If the person who requested the

correction does not agree with the

agency's decision (including the

corrective action, if any), the person

may file for reconsideration within the

agency. The agency shall establish an

administrative appeal process to review

the agency's initial decision, and specify

appropriate time limits in which to

resolve such requests for

reconsideration.

4. The agency's pre-dissemination

review, under paragraph 111.2, shall

apply to information that the agency

first disseminates on or after October 1,

2002. The agency's administrative

mechanisms, under paragraph 111.3.,

shall apply to information that the

agency disseminates on or after October

1, 2002, regardless of when the agency

first disseminated the information.

IV. Agency Reporting Requirements

1. Agencies must designate the Chief

Information Officer or another official to

be responsible for agency compliance

with these guidelines.

2. The agency shall respond to

complaints in a manner appropriate to

the nature and extent of the complaint.

Examples of appropriate responses

include personal contacts via letter or

telephone, form letters, press releases or

mass mailings that correct a widely

disseminated error or address a

frequently raised complaint.

3. Each agency must prepare a draft

report, no later than April 1, 2002,

providing the agency's information

quality guidelines and explaining how

such guidelines will ensure and

maximize the quality, objectivity,

utility, and integrity of information,

including statistical information,

disseminated by the agency. This report

must also detail the administrative

mechanisms developed by that agency

to allow affected persons to seek and

obtain appropriate correction of

information maintained and

disseminated by the agency that does

not comply with the OMB or the agency

guidelines.

4. The agency must publish a notice

of availability of this draft report in the

Federal Register, and post this report on

the agency's website, to provide an

opportunity for public comment.

5. Upon consideration of public

comment and after appropriate revision,

the agency must submit this draft report

to OMB for review regarding

consistency with these OMB guidelines

no later than July 1, 2002. Upon

completion of that OMB review and

completion of this report, agencies must

publish notice of the availability of this

report in its final form in the Federal

Register, and post this report on the

agency's web site no later than October

1, 2002.

6. On an annual fiscal-year basis, each

agency must submit a report to the

Director of OMB providing information

(both quantitative and qualitative,

where appropriate) on the number and

nature of complaints received by the

agency regarding agency compliance

with these OMB guidelines and how

such complaints were resolved.

Agencies must submit these reports no

later than January 1 of each following

year, with the first report due January 1,

2004.

V. Definitions

1. "Quality" is an encompassing term

comprising utility, objectivity, and

integrity. Therefore, the guidelines

sometimes refer to these four statutory

terms, collectively, as "quality."

2. "Utility" refers to the usefulness of

the information to its intended users,

including the public. In assessing the

usefulness of information that the

agency disseminates to the public, the

agency needs to consider the uses of the

information not only from the

perspective of the agency but also from

the perspective of the public. As a

result, when transparency of

information is relevant for assessing the

information's usefulness from the

public's perspective, the agency must

take care to ensure that transparency has

been addressed in its review of the

information.

3. "Objectivity" involves two distinct

elements, presentation and substance.

a. "Objectivity" includes whether

disseminated information is being

presented in an accurate, clear,

complete, and unbiased manner. This

involves whether the information is

presented within a proper context.

Sometimes, in disseminating certain

types of information to the public, other

information must also be disseminated

in order to ensure an accurate, clear,

complete, and unbiased presentation.

Also, the agency needs to identify the

sources of the disseminated information

(to the extent possible, consistent with

confidentiality protections) and, in a

scientific, financial, or statistical

context, the supporting data and

models, so that the public can assess for

itself whether there may be some reason

to question the objectivity of the

sources. Where appropriate, data should

have full, accurate, transparent

documentation, and error sources

affecting data quality should be

identified and disclosed to users.

b. In addition, "objectivity" involves

a focus on ensuring accurate, reliable,

and unbiased information. In a

scientific, financial, or statistical

context, the original and supporting

data shall be generated, and the analytic

results shall be developed, using sound

statistical and research methods.

i. If data and analytic results have

been subjected to formal, independent,

external peer review, the information

may generally be presumed to be of

acceptable objectivity. However, this

presumption is rebuttable based on a

persuasive showing by the petitioner in

a particular instance. If agencysponsored peer review is employed to

help satisfy the objectivity standard, the

review process employed shall meet the

general criteria for competent and

credible peer review recommended by

OMB-OIRA to the President's

Management Council (9/20/01) (http://

www.whitehouse.gov/omb/inforeg/

oira review-process.html), namely,

"that (a) peer reviewers be selected

primarily on the basis of necessary

technical expertise, (b) peer reviewers

be expected to disclose to agencies prior

technical/policy positions they may

have taken on the issues at hand, (c)

peer reviewers be expected to disclose

to agencies their sources of personal and

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institutional funding (private or public

sector), and (d) peer reviews be

conducted in an open and rigorous

manner."

ii. If an agency is responsible for

disseminating influential scientific,

financial, or statistical information,

agency guidelines shall include a high

degree of transparency about data and

methods to facilitate the reproducibility

of such information by qualified third

parties.

A. With regard to original and

supporting data related thereto, agency

guidelines shall not require that all

disseminated data be subjected to a

reproducibility requirement. Agencies

may identify, in consultation with the

relevant scientific and technical

communities, those particular types of

data that can practicable be subjected to

a reproducibility requirement, given

ethical, feasibility, or confidentiality

constraints. It is understood that

reproducibility of data is an indication

of transparency about research design

and methods and thus a replication

exercise (i.e., a new experiment, test, or

sample) shall not be required prior to

each dissemination.

B. With regard to analytic results

related thereto, agency guidelines shall

generally require sufficient transparency

about data and methods that an

independent reanalysis could be

undertaken by a qualified member of the

public. These transparency standards

apply to agency analysis of data from a

single study as well as to analyses that

combine information from multiple

studies.

i. Making the data and methods

publicly available will assist in

determining whether analytic results are

reproducible. However, the objectivity

standard does not override other

compelling interests such as privacy,

trade secrets, intellectual property, and

other confidentiality protections.

ii. In situations where public access to

data and methods will not occur due to

other compelling interests, agencies

shall apply especially rigorous

robustness checks to analytic results

and document what checks were

undertaken. Agency guidelines shall,

however, in all cases, require a

disclosure of the specific data sources

that have been used and the specific

quantitative methods and assumptions

that have been employed. Each agency

is authorized to define the type of

robustness checks, and the level of

detail for documentation thereof, in

ways appropriate for it given the nature

and multiplicity of issues for which the

agency is responsible.

C. With regard to analysis of risks to

human health, safety and the

environment maintained or

disseminated by the agencies, agencies

shall either adopt or adapt the quality

principles applied by Congress to risk

information used and disseminated

pursuant to the Safe Drinking Water Act

Amendments of 1996 (42 U.S.C. 300g1(b)(3)(A) & (B)). Agencies responsible

for dissemination of vital health and

medical information shall interpret the

reproducibility and peer-review

standards in a manner appropriate to

assuring the timely flow of vital

information from agencies to medical

providers, patients, health agencies, and

the public. Information quality

standards may be waived temporarily by

agencies under urgent situations (e.g.,

imminent threats to public health or

homeland security) in accordance with

the latitude specified in agency-specific

guidelines.

4. "Integrity" refers to the security of

information-protection of the

information from unauthorized access

or revision, to ensure that the

information is not compromised

through corruption or falsification.

5. "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.

6. "Government information" means

information created, collected,

processed, disseminated, or disposed of

by or for the Federal Government.

7. "Information dissemination

product" means any books, paper, map,

machine-readable material, audiovisual

production, or other documentary

material, regardless of physical form or

characteristic, an agency disseminates to

the public. This definition includes any

electronic document, CD-ROM, or web

page.

8. "Dissemination" means agency

initiated or sponsored distribution of

information to the public (see 5 CFR

1320.3(d) (definition of "Conduct or

Sponsor")). Dissemination does not

include distribution limited to

government employees or agency

contractors or grantees; intra- or interagency use or sharing of government

information; and responses to requests

for agency records under the Freedom of

Information Act, the Privacy Act, the

Federal Advisory Committee Act or

other similar law. This definition also

does not include distribution limited to

correspondence with individuals or

persons, press releases, archival records,

public filings, subpoenas or adjudicative

processes.

9. "Influential", when used in the

phrase "influential scientific, financial,

or statistical information", means that

the agency can reasonably determine

that dissemination of the information

will have or does have a clear and

substantial impact on important public

policies or important private sector

decisions. Each agency is authorized to

define "influential" in ways appropriate

for it given the nature and multiplicity

of issues for which the agency is

responsible.

10. "Reproducibility" means that the

information is capable of being

substantially reproduced, subject to an

acceptable degree of imprecision. For

information judged to have more (less)

important impacts, the degree of

imprecision that is tolerated is reduced

(increased). If agencies apply the

reproducibility test to specific types of

original or supporting data, the

associated guidelines shall provide

relevant definitions of reproducibility

(e.g., standards for replication of

laboratory data). With respect to

analytic results, "capable of being

substantially reproduced" means that

independent analysis of the original or

supporting data using identical methods

would generate similar analytic results,

subject to an acceptable degree of

imprecision or error.

[FR Doc. 02-59 Filed 1-2-02; 1:36 pm]

BILLING CODE 3110-01-M

Editorial Note: Due to numerous errors,

this document is being reprinted in its

entirety. It was originally printed in the

Federal Register on Thursday, January 3,

2002 at 67 FR 369-378 and was corrected on

Tuesday, February 5, 2002 at 67 FR 5365.

[FR Doc. R2-59 Filed 2-21-02; 8:45 am]

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