Information Quality Guidelines and Request for Comments, 41762-41767 [06-6426]
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Federal Register / Vol. 71, No. 141 / Monday, July 24, 2006 / Notices
the project and overall merit of existing
plans were based on a review of data
and information that would be
reasonably expected to reveal significant
environmental consequences of the
proposed project. These data included
studies prepared specifically for the
project and comments and views of
interested Federal, State, and local
agencies and individuals. The results of
this review constitute the basis for the
conclusions and recommendations. The
project will not affect any cultural
resources eligible for inclusion in the
National Register of Historic Places nor
will it affect any species of fish,
wildlife, or plant or their habitats that
have been designated as endangered or
threatened.
c. In studying and evaluating the
environmental impact of the Little Red
River Irrigation Project, every effort was
made to express all significant
environmental values quantitatively and
to identify and give appropriate weight
and consideration of non-quantifiable
environmental values.
Wherever differences of opinion
existed and conclusions led to different
views, persons qualified in the
appropriate disciplines were consulted.
The most reasonable scientific theories
and conclusions were adopted.
d. Every possible effort was made to
identify those adverse environmental
effects that cannot be avoided if the
project is constructed.
e. The long-term and short-term
resource uses, long-term productivity,
and the irreversible and irretrievable
commitment of resources are described
in the final environmental impact
statement.
f. All known reasonable and viable
alternatives to project features and to
the project itself were studied and
analyzed with reference to national
policies and goals, especially those
expressed in the National
Environmental Policy Act and Federal
water resource development legislation.
Each course of action was evaluated as
to its possible economic, technical,
social, and overall environmental
consequences to determine the tradeoffs
necessary to accommodate all national
policies and interests. Some alternatives
may tend to protect more of the present
and tangible environmental amenities
than the proposed project will preserve.
However, no alternative or combination
of alternatives will afford greater
protection of the environmental values
while accomplishing the other project
goals and objectives.
g. I conclude, therefore, that the
proposed project is the most effective
means of meeting national goals and is
consistent in serving the public interest
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by including provisions to protect and
enhance the environment. I also
conclude that the recommended plan is
the environmentally preferable plan.
4. Recommendations—Having
concluded that the proposed Little Red
River Irrigation Project uses all
practicable means, consistent with other
essential considerations of the national
policy, to meet the goals established in
the National Environmental Policy Act,
that the project will thus serve the
overall public interest, that the final
environmental impact statement has
been prepared, reviewed, and accepted
in accordance with the provisions of the
National Environmental Policy Act as
implemented by Departmental
regulations for the preparation of
environmental impact statements, and
that the project meets the needs of the
project sponsor, I propose to implement
the Little Red River Irrigation Project.
Dated: July 14, 2006.
Kalven L. Trice,
State Conservationist, Natural Resources
Conservation Service, U.S. Department of
Agriculture.
[FR Doc. E6–11728 Filed 7–21–06; 8:45 am]
BILLING CODE 3410–16–P
COMMISSION ON CIVIL RIGHTS
Information Quality Guidelines and
Request for Comments
Commission on Civil Rights.
Proposed Information Quality
Guidelines and Request for Comments.
AGENCY:
ACTION:
SUMMARY: The Office of Management
and Budget (OMB) directed Federal
agencies to make available on their Web
sites guidelines that ensure and
maximize the quality, objectivity,
utility, and integrity of information
(including statistical information) they
disseminate. Federal agencies should
also make available on their Web sites
administrative mechanisms that allow
affected persons to seek and obtain
correction of information that the
agency maintains and disseminated that
does not comply with the guidelines.
The U.S. Commission on Civil Rights
(Commission) now seeks public
comments on the following guidelines
covering pre-dissemination information
quality control and an administrative
mechanism for requests for correction of
information the Commission publicly
disseminates.
Submit comments on or before
August 23, 2006.
ADDRESSES: Address comments
concerning these proposed guidelines
to: David P. Blackwood, Esq. General
DATES:
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Counsel, United States Commission on
Civil Rights, 624 9th Street, NW.,
Washington, DC 20425. Comments can
be faxed to (202) 376–7672.
FOR FURTHER INFORMATION CONTACT:
David P. Blackwood, Esq., General
Counsel, United States Commission on
Civil Rights, 624 9th Street, NW.,
Washington, DC 20425 Tel. (202) 376–
8351.
For the reasons discussed in the
summary, the Commission proposes to
issue these guidelines pursuant to
Section 515 of the Paperwork Reduction
Act (44 U.S.C. 3502(1) et seq.).
Dated: July 19, 2006.
David P. Blackwood,
General Counsel.
SUPPLEMENTARY INFORMATION:
Section I. The U.S. Commission on Civil
Rights’ Mission and Mandate
.01 The Commission is an
independent, bipartisan, fact-finding
Federal agency of the executive branch
established under the Civil Rights Act of
1957 to monitor and report on the status
of civil rights in the nation. As the
nation’s conscience on matters of civil
rights, the Commission strives to keep
the President, Congress, and the public
informed about civil rights issues that
deserve concerted attention.
.02 The Commission is mandated to:
(a) Investigate complaints alleging
that citizens are being deprived of their
right to vote by reason of their race,
color, religion, sex, age, disability, or
national origin, or by reason of
fraudulent practices;
(b) Study and collect information
relating to discrimination or a denial of
equal protection of the laws under the
Constitution because of race, color,
religion, sex, age, disability, or national
origin, or in the administration of
justice;
(c) Appraise Federal laws and policies
with respect to discrimination or denial
of equal protection of the laws because
of race, color, religion, sex, age,
disability, or national origin, or in the
administration of justice;
(d) Serve as a national clearinghouse
for information in respect to
discrimination or denial of equal
protection of the laws because of race,
color, religion, sex, age, disability, or
national origin;
(e) Submit reports, findings, and
recommendations to the President and
Congress;
(f) Issue public service
announcements to discourage
discrimination or denial of equal
protection of the laws.
.03 The Commission’s National
Office is in Washington, DC. Its six
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Regional Offices are located throughout
the nation:
(a) The Eastern Regional Office,
Washington, DC;
(b) Southern Regional Office, Atlanta,
Georgia;
(c) Midwestern Office, Chicago,
Illinois;
(d) Central Regional Office, Kansas
City, Kansas;
(e) Rocky Mountain Office, Denver,
Colorado; and
(f) Western Regional Office, Los
Angeles, California.
.04 State Advisory Committees
(SACs) are established in each State and
in Washington, DC. SACs advise the
Commission on matters pertaining to
discrimination or denials of equal
protection of the laws because of race,
color, religion, sex, national origin, age,
disability, or in the administration of
justice. They also assist the Commission
in its statutory obligation to serve as a
national clearinghouse for information
on those subjects. SACs present advice
to the Commission in a variety of forms,
including formal fact-finding reports
and briefing memoranda.
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Section II. The Office of Management
and Budget Governmentwide Guideline
.01 Section 515 of the Treasury and
General Government Appropriation Act
for Fiscal Year 2001 (Public Law 106–
554) directs OMB to issue to Federal
agencies subject to the Paper Reduction
Act (44 U.S.C. Chapter 3502(1) et seq.)
governmentwide guidelines that provide
policy and procedural guidance for
ensuring and maximizing the quality,
objectivity, utility, and integrity of the
information (including statistical
information) that they disseminate.
Specifically, the OMB guidelines direct
agencies to:
(a) Issue their own guidelines,
consistent with government-wide
guidelines, to ensure and maximize the
quality, objectivity, utility, and integrity
of information (including statistical
information) the agency disseminates;
(b) Establish administrative
mechanisms allowing affected persons
to seek and obtain correction of
information the agency maintains and
disseminates that does not comply with
OMB guidelines; and
(c) Report annually to the OMB
Director the number and nature of
complaints the agency received
regarding compliance with OMB
guidelines on quality, objectivity,
utility, and integrity of information and
how such complaints were resolved.
.02 The OMB guidelines offer three
underlying principles. Agencies should
ensure that the guidelines:
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(a) Are sufficiently flexible to be
applied to a wide variety of information
activities that range in importance and
scope, and to fit all forms of media;
(b) Meet basic information quality
standards, although some information
may require higher or more specific
standards. Agencies should weigh the
costs and benefits of higher information
quality in the context of their mission,
budget constraints, and timeliness in
dissemination; and
(c) Are applied in a common-sensical
and workable manner. Agencies should
incorporate quality information
guideline standards and procedures into
existing processes and procedures.
Application of these guidelines should
not impose unnecessary administrative
burdens.
Section III. The Commission’s Existing
Policies and Procedures That Ensure
and Maximize Information Quality
.01 The Commission disseminates
information on civil rights through:
(a) Reports to Congress and the
President, including an annual report on
civil rights enforcement as required by
statute and other reports as considered
appropriate;
(b) Program activities, such as
hearings, briefings, conferences, and
consultations; and
(c) Provision of civil rights
information to the public through its
clearinghouse function.
.02 In order to ensure the accuracy
and the impartiality of the information
it provides, the Commission has in
place various mechanisms to correct the
information it disseminates. OMB’s
Information Quality Guidelines urge
agencies to integrate into existing
guidelines for dissemination of
information the standards for
information quality embodied in the
Data Quality Act. The Commission shall
improve the quality of the information
it disseminates as it seeks to achieve the
strategic goals of its mission while
adhering to budget and resource
priorities.
.03 The mechanisms the
Commission uses to ensure information
quality are:
(a) Defame and Degrade. Commission
regulations provide procedural
guidelines when statements made at
Commission hearings or in reports will
defame, degrade or incriminate persons
or institutions.
A statement defames and degrades if
its probable effect is to damage the
person or institution criticized in
reputation, business, or otherwise. In
determining whether damage is likely to
result, it is necessary to consider the
substance of the allegations, all the
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circumstances surrounding it, and the
community perception and reaction that
is likely to result. All this must all be
considered in light of the applicable
legal standards governing defamation of
public versus private persons and
entities.
When in advance of a hearing the
Commission determines that certain
evidence may tend to defame, degrade,
or incriminate any person at any
hearing, it shall receive such evidence
of testimony, or a summary of such
evidence or testimony in executive
session. The Commission affords such
persons defamed, degraded, or
incriminated by such evidence or
testimony an opportunity to appear and
be heard in executive session with a
reasonable number of additional
witnesses they request, before deciding
to use such evidence or testimony. If the
Commission decides to make this
information public, it will give the
person the opportunity to appear as a
voluntary witness or submit a sworn
statement. procedures for addressing
evidence presented at a hearing that
may tend to defame, degrade, or
incriminate any person are specified at
45 CFR 702.11.
If a Commission report tends to
defame, degrade, or incriminate any
person, the report or relevant portions
thereof shall be delivered to such person
at least thirty (30) days before the report
is published to allow such person the
opportunity to make a timely verified
answer to the report, or relevant
portions thereof. Administrative
Instruction 7–1, Procedures for
Providing an Opportunity for Response
to Persons Criticized by Commission
Publications and Audiovisual Products,
at section 6 provides that whenever a
publication, other than a statutory
report, contains material that tends to
defame and degrade, such person must
be provided a full and fair opportunity
to respond to such material. Section 7
of Administrative Instruction 7–1
provides for a defame and degrade
review of State Advisory Committee
reports. Section 8 of Administrative
Instruction 7–1 provides for a defame
and degrade review of the Civil Rights
Journal.
(b) Legal Sufficiency Review.
Administrative Instruction 1–6,
National Project Development and
Implementation, at section 15 provides
for legal sufficiency review by the Office
of General Counsel on draft reports and
national office publications that are
provided to the public. The purpose of
the legal sufficiency review is to ensure
the adequate interpretation and citation
of legal materials and compliance with
statutory requirements. SAC reports also
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will be subject to a legal sufficiency
review.
(c) Editorial Policy Review.
Administrative Instruction 1–6,
National Project Development and
Implementation, at section 14 provides
that the Staff Director will appoint
members of an editorial policy board to
review draft national reports to
determine the adequacy and accuracy of
the substantive information in the draft
document (for example, conceptual
soundness, adherence to Commission
policy, quality of research,
argumentation, and documentation of
major points). The project staff revises
the draft document in accordance with
the editorial board comments. The
appropriate office director apprises the
Staff director by memorandum of areas
upon which agreement was not reached
and changes were not made. Once the
substantive changes are made, the new
material must be submitted for an
expedited legal sufficiency review.
The Regional Directors are
responsible for ensuring that such
reports are unbiased, methodologically
sound, well written, appropriately
organized, and properly formatted.
SACs are ultimately responsible for the
substance of their reports and
memoranda. A report is forwarded to
the Staff Director following formal
approval from the appropriate State
Advisory Committee.
(d) Affected Agency Review.
Administrative Instruction 1–6,
National Project Development and
Implementation, at section 16 provides
that after completing any revisions
occasioned by legal and editorial
reviews, the director of the appropriate
office sends the sections of the draft
report that pertain to a government
agency to the affected agency for review
and comment on the accuracy of the
material contained therein. The
Commission’s draft findings,
conclusions, and recommendations are
not submitted to the affected agency.
Nongovernmental organizations receive
pertinent material for review where
appropriate. Upon receipt of comments,
the project staff prepares the appropriate
revisions. SAC reports also are subject
to an affected agency review.
.04 Information Technology and
Systems Management. Administrative
Instruction 4–18, Information
Technology and Systems Management,
provides guidance for the appropriate
management of information technology
resources and systems throughout their
life cycle, in accordance with federal
regulations, policies and guidelines. It
also provides for the establishment and
maintenance of a strategic information
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resources management planning process
that includes:
(a) An up-to-date five-year plan that
has, among others, document linkages
between mission needs and information
technology capabilities; and
(b) An up-to-date security and disaster
preparedness plan for information
systems that provides adequate
assurances of the availability,
confidentiality and integrity of the
information systems.
.05 The Staff Director is the Chief
Information Officer (CIO) of the agency
and has primary responsibility for
managing the Commission’s information
resources. The Deputy CIO will manage
the Commission’s security systems and
procedures, and monitor Commission
compliance with appropriate federal
policies, principles, standards,
guidelines, rules, and administrative
instructions.
.06 Data Collection from the Public.
(a) Administrative Instruction 1–6,
National Project Development and
Implementation, at section 9 provides
that the Chief of the Administrative
Services and Clearinghouse Division
(ASCD) is the Commission’s designated
paperwork reduction officer, and as
such, is responsible for reviewing
proposed data collection procedures as
required by the Paperwork Reduction
Act of 1980. It provides that when
collecting information from ten or more
persons or organizations, the
Commission must receive prior
approval from OMB. The appropriate
documents are submitted to the ASCD
Chief at least fifty (50) days before the
anticipated administration of a
questionnaire or interview schedule.
(b) The Civil rights Commission
Amendments Act of 1994, Pub. L. 103–
419, 108 Stat. 4338, at 42 U.S.C.
1975a(e) provides that the Commission
may issue subpoenas for the attendance
of witnesses and the production of
written or other matter in a hearing
approved by the Commission. In
addition, the Commission may use
depositions and written interrogatories
to obtain information and testimony
about matters that are the subject of a
Commission hearing or report.
Further, data also are collected at
briefings, conferences, hearings, and
during consultation and interviews by
staff. Staff shall submit the
Commission’s Privacy Act notice to
potential data sources at these prior to
collecting the data.
Section IV. Scope and Applicability of
the Commission’s Quality Information
Guidelines
.01 Consistent with OMB guidance,
the definitions of information and
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dissemination set the scope and
applicability of the Commission’s
quality information guidelines. For the
purposes of these guidelines,
information means any communication
or representation of facts or data, in any
medium or form, including textual,
numerical, graphic, cartographic,
narrative, or audiovisual forms. This
definition includes information that the
Commission disseminates from a Web
page, but does not include the provision
of hyperlinks to information that others
disseminate.
.02 This definition of information
does not include:
(a) Opinions or policies, where the
presentation makes clear that the
statements are subjective opinions,
rather than facts. Underlying
information upon which the opinion or
policy is based may be subject to these
guidelines only if the Commission
publishes that information;
(b) Information originated by and
attributed to non-Commission sources,
provided the Commission does not
expressly rely upon it. Examples
include non-U.S. government
information reported and duly
attributed in materials the Commission
prepared and disseminated, hyperlinks
on the Commission’s Web site to
information that others disseminate, and
reports of advisory committees
published on the Commission’s Web
site that are not explicitly endorsed by
the Commission;
(c) Statements relating solely to the
Commission’s internal personnel rules
and practices and other materials
produced for the Commission’s
employees, contractors, or agents;
(d) Descriptions of the Commission,
its responsibilities, and organizational
components;
(e) Statements, the modifications of
which might cause harm to the national
security, including harm to the national
defense or foreign relations of the
United States;
(f) Statements of Commission policy;
however, any underlying information
the Commission published upon which
a statement is based may be subjected to
these guidelines;
(g) Testimony or comments of
Commission officials before courts,
administrative bodies, Congress, or the
media;
(h) Investigatory material compiled
pursuant to U.S. law or for law
enforcement purposes in the United
States; or
(i) Statements which are, or which
reasonably may be expected to become,
the subject of litigation, whether before
a U.S. or foreign court or in an
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international arbitral or other dispute
resolution proceeding.
.03 Dissemination means
Commission initiated or sponsored
distribution of information to the public
(see 5 CFR 1320.3(d) ‘‘Conduct or
Sponsor’’).
.04 This definition of dissemination
does not include distributions of
information or other materials that are:
(a) Produced in response to requests
for Commission records under the
Freedom of Information Act, the Privacy
Act, the Federal Advisory Committee
Act, or similar law; or
(b) Archival records, public filings,
responses to subpoena or compulsory
document productions, or documents
prepared and released in the context of
adjudicative processes. These guidelines
do not impose any additional
requirements on the Commission during
adjudicative proceedings and do not
provide parties to such adjudicative
proceedings any additional rights of
challenge or appeal; and
(c) Limited to Commission employees
or Commission contractors or grantees,
as well as intra-or-inter-agency use or
sharing of government information.
.05 Consistent with OMB guidance,
the Commission’s guidelines apply to
any covered information the
Commission disseminated on or after
October 1, 2002. The Commission’s
administrative mechanism shall apply
to information that it disseminates on or
after October 1, 2002, regardless of
when it first disseminated the
information.
Section V. The Commission’s
Guidelines for Ensuring and
Maximizing Information Quality
0.1 In accordance with OMB
guidelines, quality encompasses utility,
objectivity, and integrity. These four
statutory terms sometimes are
collectively referred to as quality. The
Commission shall adopt a basic
standard of quality and take appropriate
steps to ensure that all offices in the
National Office and each Regional
Office incorporate quality criteria into
its information dissemination practices.
0.2 Utility of Information
(a) Utility means the usefulness of the
disseminated information to its
intended users, including the public.
The Commission is committed to
disseminating quality information. Basic
to achieving utility is an understanding
of what information is needed as the
Commission seeks to fulfill its mission
and mandate. The Commission shall
identify civil rights issues in which
there is a critical need for information
and shall develop and implement plans
to provide such information.
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(b) The Commission shall assess the
utility of the information it will produce
from original research and secondary
analysis of existing data. It shall also
assess the utility of the information it
disseminates that is provided by or
obtained from outside sources and
which it adopts, endorses, or uses.
(c) When reproducibility and
transparency of information are
essential for determining information
utility, the Commission shall ensure the
reproducibility and transparency of the
research design and analytic methods.
In this context, reproducibility means
that the information is capable of being
reproduced, subject to an acceptable
degree of imprecision. 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.
(d) In order to enhance further the
utility of information, the Commission
shall ensure that the information it will
disseminate is clearly written in plain
English, grammatically correct, and free
of spelling or typographical errors.
Where appropriate, the Commission
shall include contact information for
intended users and the public who may
wish to obtain supplementary
information, seek further elucidation, or
provide comments.
0.3 Objectivity of Information
Objectivity concerns substance and
presentation of disseminated
information. Substance focuses on
whether the content of the disseminated
information is accurate, reliable,
unbiased, and balanced. Presentation
concerns whether the disseminated
information is presented in an accurate,
clear, complete, and unbiased manner.
The Commission is committed to
disseminating information that reflects
these two elements.
(a) In the course of fulfilling its
mission and mandate, the Commission
conducts social science studies and
evaluates federal civil rights
enforcement programs, reports on
findings and conclusions, and makes
recommendations. The Commission
strives for a research process that
embodies methodological and statistical
rigor, intellectual honesty in analysis,
and presentation of findings and
conclusions in full and proper context
in order to achieve accurate, reliable,
and unbiased reports. In this respect,
the Commission’s Administrative
Instruction 1–6, National Project
Development and Implementation at
sections 7 and 8 is instructive.
Consistent with it, the Commission shall
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ensure that the program office primarily
responsible for reports:
(1) Develops methodologically strong
and practically feasible research designs
capable of judging the issues addressed;
(2) Makes explicit the assumptions
underlying research efforts;
(3) Conducts thorough review of the
literature representing a wide range of
perspectives on the subject of study or
evaluation;
(4) Uses appropriate and sound
research methods to gather information;
(5) Uses appropriate and sound
statistical techniques to analyze
collected information;
(6) Ensures that the analysis is
unbiased;
(7) Presents disseminated information
within a full and proper context,
including supporting data as
appropriate;
(8) Identifies data sources (to the
extent possible, consistent with
confidentiality protections); and
(9) Specifies limitations of the study
or evaluation, including error sources
that affect data quality.
The Staff Director is responsible for
reviewing national office project designs
and proposals to ensure that they reflect
objectivity and balance. The Staff
Director also reviews State Advisory
Committee reports for balance and
objectivity.
.04 In conducting social science
studies and evaluation of federal civil
rights enforcement programs, the
Commission may combine original
research with secondary analysis of
existing data or may rely solely on the
latter. The sources of existing data may
be other federal government agencies,
advisory committees, or other
organizations and individuals. The
Commission expects that these entities
will subject information they submit to
adequate quality control measures. Prior
to using existing data from outside
sources, the responsible program office
shall review and verify the data as
necessary and appropriate. Data
collected at briefings may be verified by
requiring the outside sources to submit
testimony upon oath or affirmation. The
underlying information upon which the
disseminated material is based may be
subject to these guidelines only if the
Commission publishes that information.
Being subject to these guidelines does
not necessarily mean that the material
the Commission publishes is a policy
statement of the United States
government.
.05 When the responsible program
office determines that the information it
will disseminate is influential social
science, financial, legal, or statistical
information, it shall take extra care to
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include a high degree of transparency
about data and research methods to
meet OMB’s requirement for the
reproducibility of such information. In
this context, influential means that such
information will have or does have a
clear and substantial impact on
important public policies pertaining to
civil rights issues or important private
sector decisions that have civil rights
implications. A high degree of
transparency for disseminated
information here means that the
methodology used to derive the results
is readily understandable to persons
experienced in the appropriate field of
study. In determining the appropriate
level of transparency, the responsible
program office will consider the types of
data that can be practically subjected to
a reproducibility requirement given
ethical, feasibility, confidentiality, and
national security constraints. In making
this determination, the responsible
program office will hold analytical
results to an even higher standard than
original data. It is important that
analytic results have a high degree of
transparency regarding:
(a) The source of the data used;
(b) The various assumptions
employed;
(c) The analytic methods applied; and
(d) The statistical procedures
employed.
.06 The Commission may contract,
from time to time, with organizations or
individuals to conduct research and
analysis in support of its mission and
mandate, but Commission policy does
not influence their results. The
responsible program office that
disseminates contractor-prepared
information will maintain records on
data sources, data collection methods,
and statistical techniques used in
analysis, and retain all data and
documents employed in preparing
contractor reports. The Commission
expects that contractors will adhere to
research standards set forth in section
V.03 and .04 above. When the Lead
Office anticipates that the contractorprepared information it will disseminate
is influential social science, financial, or
statistical information, it will ensure
that the contractor adheres to section
V.05 above.
.07 The clearance process
contributes in important ways to the
objectivity of disseminated information.
The Commission’s Administrative
Instruction 1–6, National Project
Development and Implementation, at
sections 13, 14, 15, 16, and 17 provides
a rigorous, multi-phased quality control
clearance. Where appropriate, the
Commission will seek substantive input
from other government agencies,
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nongovernment organizations, scholars,
and the public. The Commission also
will determine if peer review is
appropriate and, if necessary, the Lead
Office will coordinate such review;
.08 Public dissemination of hardbound information and all information
published in final form on the
Commission’s Web site at
www.usccr.gov shall occur only after
clearances are obtained from the Office
of the Staff Director, and, if appropriate,
with the approval of the Commissioners.
.09 These guidelines focus on
procedures for the dissemination of
information, as those terms are defined
herein. Accordingly, procedures
specifically applicable to forms of
communication outside the scope of
these guidelines, such as those for
correspondence, press releases, or to
other federal employees, among others,
are not included.
.10 Integrity of Information
(a) Integrity refers to security, that is,
the protection of information from
unauthorized access or revision in order
to ensure that it is not compromised
through corruption or falsification.
Information technology is essential to
the Commission as it seeks to fulfill its
mission and mandate. A critical
component of information integrity is
protecting information technology
systems from unauthorized access that
could compromise information stored
therein.
.11 Consistent with Administrative
Instruction 4–18, Information
Technology and System Management,
the Commission shall ensure that ASCD
coordinates and works with all offices
in the National Office, the Regional
Offices, and SACs to guarantee the
integrity of information residing in its
technology systems.
.12 To assist in fulfilling its mission,
the Commission’s Office of Civil Rights
Evaluation and Office of General
Counsel conduct studies on issues with
civil rights implications. They may
collect information for analysis and/or
obtain existing information from other
sources. These program offices shall
protect such information from
unauthorized, unanticipated, or
unintentional modification. They shall
use appropriate controls to safeguard
draft reports and confidential
information, such as interrogatory
responses, from improper
dissemination.
Section VI. Administrative Procedures
for Pre-Dissemination Review
.01 Each Commission’s program
office in the National Office and each
Regional Office shall incorporate OMB
and Comission information quality
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Fmt 4703
Sfmt 4703
principles into their existing predissemination review procedures as
appropriate.
Section VII. Administrative Mechanism
for Correction of Information
.01 The Commission shall allow any
affected person to request the correction
of Commission-disseminated
information that does not comply with
applicable OMB and Commission
information quality guidelines. An
affected person is an individual or an
entity that may use, benefit from, or be
harmed by the disseminated
information at issue.
.02 Information Correction Requests
(a) In the Commission’s correction
request process the burden of proof rests
with the requester. An affected person
who believes that information the
Commission disseminates does not
adhere to the information quality
guidelines of OMB or the Commission,
and who would like to request
correction of specific information, needs
to submit a Petition for Correction with
the following information.
(1) Name, mailing address, e-mail
address, telephone number, and
organizational affiliation (if any) of the
individual or organization submitting a
petition;
(2) Detailed description of the
information the requester believes does
not comply with the Commission’s
guidelines, including the exact name of
the report or publication, the date, and
a description of the specific item in
question;
(3) Description of the requester’s
interest in the information and how the
requester is affected by the information
in question; and
(4) Description of reason(s) that the
information should be corrected,
including the elements of the
information quality guidelines that were
not followed.
(b) The Petition for Correction should
be sent to the Deputy Chief Information
Officer (DCIO) for Information
Management at the following address:
Deputy Chief Information Officer, U.S.
Commission on Civil Rights, 624 Ninth
Street, NW., Washington, DC 20425.
(c) Alternatively, requesters may
submit an e-mail request to the
following address:
dblackwood@usccr.gov. Requesters
should indicate that they are submitting
an Information Quality Request in the
subject line of the e-mail.
.03 The DCIO will review the
request and determine whether it
contains all the information required for
a Petition. If the request is unclear or
incomplete, he/she will seek
clarification from the requester.
E:\FR\FM\24JYN1.SGM
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sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 71, No. 141 / Monday, July 24, 2006 / Notices
.04 If the request is complete, the
DCIO will forward it to the appropriate
program office(s) for a response. The
responsible office(s) will determine
whether a correction is warranted, and
if so, what corrective action it will take.
The answer will take into consideration
the importance of the information
involved, the magnitude of the error,
and the cost of undertaking the
correction.
.05 The Commission is not required
to change the content or status of
information simply based on the receipt
of a Petition for Correction. The
Commission may reject a request that
appears to be made in bad faith or
without justification, and is only
required to undertake the degree of
correction that is appropriate for the
nature and timeliness of the information
involved. In addition, the Commission
need not respond to requests involving
information not covered by the
information quality guidelines.
.06 The Commission will respond to
all Petitions for Correction within sixty
(60) calendar days of the receipt of the
request by the DCIO, unless there is a
reasonable basis for an extension. The
requester will be told of the right to
appeal the decision.
.07 Appeal
(a) If the requester is not satisfied with
the Commission’s decision on the
request, he/she may appeal to the
Commission’s CIO within thirty (30)
calendar days of the receipt of the
Commission’s decision. This
administrative appeal must include a
copy of the initial request, a copy of the
Commission’s decision, and a written
narrative explaining why the requester
believes the Commission’s decision was
inadequate, incomplete, or in error.
(b) This appeal will be sent to the
Commission’s CIO at the following
address: The Chief Information Officer,
Staff Director’s Office, RE: Information
Quality Appeal, Room 700, 624 Ninth
Street, NW., Washington, DC 20425.
(c) All appeals will be impartially
reviewed by parties other than those
who prepared the Commission’s
decision. The Commission will respond
to all appeals within sixty (60) calendar
days of the CIO’s receipt of the appeal.
(d) If the appropriate Commission
official, whether at the initial or appeal
stage, decides that the requester is
correct and the information should be
corrected, he/she will notify the Staff
Director who will instruct the officials
in charge of publications to attach an
errata page to the publication in
question so that all future dissemination
of the data will show that the error was
corrected.
VerDate Aug<31>2005
17:54 Jul 21, 2006
Jkt 208001
(e) The Commission will also post
information quality correction requests
to its Web site. The specific information
will include a copy of each correction
request, the Commission’s formal
response(s), and any communications
regarding appeals. The Commission also
will include a brief description of each
request and any subsequent responses.
[FR Doc. 06–6426 Filed 7–21–06; 8:45 am]
BILLING CODE 6335–01–M
DEPARTMENT OF COMMERCE
Foreign–Trade Zones Board
[Order No. 1464]
Grant of Authority for Subzone Status,
Eastman Kodak Company, (X–ray Film,
Color Paper, Digital Media, Inkjet
Paper, Entertainment Imaging, and
Health Imaging) Whittier and Santa Fe
Springs, California
Pursuant to its authority under the
Foreign–Trade Zones Act of June 18, 1934, as
amended (19 U.S.C. 81a–81u), the Foreign–
Trade Zones Board (the Board) adopts the
following Order:
WHEREAS, the Foreign–Trade Zones
Act provides for ‘‘ . . . the establishment
. . . of foreign–trade zones in ports of
entry of the United States, to expedite
and encourage foreign commerce, and
for other purposes,’’ and authorizes the
Foreign–Trade Zones Board to grant to
qualified corporations the privilege of
establishing foreign–trade zones in or
adjacent to U.S. Customs ports of entry;
WHEREAS, the Board’s regulations
(15 CFR part 400) provide for the
establishment of special–purpose
subzones when existing zone facilities
cannot serve the specific use involved,
and when the activity results in a
significant public benefit and is in the
public interest;
WHEREAS, the Port of Long Beach
(California), grantee of Foreign–Trade
Zone 50, has made application to the
Board for authority to establish special–
purpose subzone status at the
warehousing, processing and
distribution facilities (X–ray film, color
paper, digital media, inkjet paper,
entertainment imaging, and health
imaging) of the Eastman Kodak
Company, located in Whittier and Santa
Fe Springs, California (FTZ Docket 46–
2005, filed 9/26/2005; amended 5/15/
2006);
WHEREAS, notice inviting public
comment has been given in the Federal
Register (70 FR 57555–57556, 10/3/
2005); and,
WHEREAS, the Board adopts the
findings and recommendations of the
examiner’s report, and finds that the
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
41767
requirements of the FTZ Act and the
Board’s regulations would be satisfied,
and that approval of the application
would be in the public interest;
NOW, THEREFORE, the Board hereby
grants authority for subzone status for
activity related to X–ray film, color
paper, digital media, inkjet paper,
entertainment imaging, and health
imaging at the warehousing, processing
and distribution facilities of the
Eastman Kodak Company, located in
Whittier and Santa Fe Springs,
California (Subzone 50K), as described
in the amended application and Federal
Register notice, subject to the FTZ Act
and the Board’s regulations, including
Section 400.28, and further subject to a
restriction that privileged foreign status
(19 CFR 146.41) shall be elected:
1. On foreign merchandise that falls
under HTSUS headings or
subheadings 2821, 2823, all of
Chapter 32 or 3901.20 or where the
foreign merchandise in question is
described as a ‘‘pigment, pigment
preparation, masterbatch, plastic
concentrate, flush color, paint
dispersion, coloring preparation, or
colorant.’’
2. On foreign merchandise that falls
under HTSUS heading 4202, with
the exception of merchandise
classified in HTSUS categories
4202.91.0090 and 4202.92.9060.
Signed at Washington, DC, this 14th day of
July 2006.
David M. Spooner,
Assistant Secretary of Commercefor Import
Administration,Alternate ChairmanForeign–
Trade Zones Board.
ATTEST:
Andrew McGilvray,
Acting Executive Secretary.
[FR Doc. E6–11747 Filed 7–21–06; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
Foreign–Trade Zones Board
[Order No. 1463]
Grant of Authority for Subzone Status,
Eastman Kodak Company, (X–ray Film,
Color Paper, Digital Media, Inkjet
Paper, and Entertainment Imaging),
Windsor, Colorado
Pursuant to its authority under the
Foreign–Trade Zones Act of June 18, 1934, as
amended (19 U.S.C. 81a–81u), the Foreign–
Trade Zones Board (the Board) adopts the
following Order:
WHEREAS, the Foreign–Trade Zones
Act provides for ‘‘ . . . the establishment
. . . of foreign–trade zones in ports of
entry of the United States, to expedite
and encourage foreign commerce, and
E:\FR\FM\24JYN1.SGM
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Agencies
[Federal Register Volume 71, Number 141 (Monday, July 24, 2006)]
[Notices]
[Pages 41762-41767]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-6426]
=======================================================================
-----------------------------------------------------------------------
COMMISSION ON CIVIL RIGHTS
Information Quality Guidelines and Request for Comments
AGENCY: Commission on Civil Rights.
ACTION: Proposed Information Quality Guidelines and Request for
Comments.
-----------------------------------------------------------------------
SUMMARY: The Office of Management and Budget (OMB) directed Federal
agencies to make available on their Web sites guidelines that ensure
and maximize the quality, objectivity, utility, and integrity of
information (including statistical information) they disseminate.
Federal agencies should also make available on their Web sites
administrative mechanisms that allow affected persons to seek and
obtain correction of information that the agency maintains and
disseminated that does not comply with the guidelines. The U.S.
Commission on Civil Rights (Commission) now seeks public comments on
the following guidelines covering pre-dissemination information quality
control and an administrative mechanism for requests for correction of
information the Commission publicly disseminates.
DATES: Submit comments on or before August 23, 2006.
ADDRESSES: Address comments concerning these proposed guidelines to:
David P. Blackwood, Esq. General Counsel, United States Commission on
Civil Rights, 624 9th Street, NW., Washington, DC 20425. Comments can
be faxed to (202) 376-7672.
FOR FURTHER INFORMATION CONTACT: David P. Blackwood, Esq., General
Counsel, United States Commission on Civil Rights, 624 9th Street, NW.,
Washington, DC 20425 Tel. (202) 376-8351.
For the reasons discussed in the summary, the Commission proposes
to issue these guidelines pursuant to Section 515 of the Paperwork
Reduction Act (44 U.S.C. 3502(1) et seq.).
Dated: July 19, 2006.
David P. Blackwood,
General Counsel.
SUPPLEMENTARY INFORMATION:
Section I. The U.S. Commission on Civil Rights' Mission and Mandate
.01 The Commission is an independent, bipartisan, fact-finding
Federal agency of the executive branch established under the Civil
Rights Act of 1957 to monitor and report on the status of civil rights
in the nation. As the nation's conscience on matters of civil rights,
the Commission strives to keep the President, Congress, and the public
informed about civil rights issues that deserve concerted attention.
.02 The Commission is mandated to:
(a) Investigate complaints alleging that citizens are being
deprived of their right to vote by reason of their race, color,
religion, sex, age, disability, or national origin, or by reason of
fraudulent practices;
(b) Study and collect information relating to discrimination or a
denial of equal protection of the laws under the Constitution because
of race, color, religion, sex, age, disability, or national origin, or
in the administration of justice;
(c) Appraise Federal laws and policies with respect to
discrimination or denial of equal protection of the laws because of
race, color, religion, sex, age, disability, or national origin, or in
the administration of justice;
(d) Serve as a national clearinghouse for information in respect to
discrimination or denial of equal protection of the laws because of
race, color, religion, sex, age, disability, or national origin;
(e) Submit reports, findings, and recommendations to the President
and Congress;
(f) Issue public service announcements to discourage discrimination
or denial of equal protection of the laws.
.03 The Commission's National Office is in Washington, DC. Its six
[[Page 41763]]
Regional Offices are located throughout the nation:
(a) The Eastern Regional Office, Washington, DC;
(b) Southern Regional Office, Atlanta, Georgia;
(c) Midwestern Office, Chicago, Illinois;
(d) Central Regional Office, Kansas City, Kansas;
(e) Rocky Mountain Office, Denver, Colorado; and
(f) Western Regional Office, Los Angeles, California.
.04 State Advisory Committees (SACs) are established in each State
and in Washington, DC. SACs advise the Commission on matters pertaining
to discrimination or denials of equal protection of the laws because of
race, color, religion, sex, national origin, age, disability, or in the
administration of justice. They also assist the Commission in its
statutory obligation to serve as a national clearinghouse for
information on those subjects. SACs present advice to the Commission in
a variety of forms, including formal fact-finding reports and briefing
memoranda.
Section II. The Office of Management and Budget Governmentwide
Guideline
.01 Section 515 of the Treasury and General Government
Appropriation Act for Fiscal Year 2001 (Public Law 106-554) directs OMB
to issue to Federal agencies subject to the Paper Reduction Act (44
U.S.C. Chapter 3502(1) et seq.) governmentwide guidelines that provide
policy and procedural guidance for ensuring and maximizing the quality,
objectivity, utility, and integrity of the information (including
statistical information) that they disseminate. Specifically, the OMB
guidelines direct agencies to:
(a) Issue their own guidelines, consistent with government-wide
guidelines, to ensure and maximize the quality, objectivity, utility,
and integrity of information (including statistical information) the
agency disseminates;
(b) Establish administrative mechanisms allowing affected persons
to seek and obtain correction of information the agency maintains and
disseminates that does not comply with OMB guidelines; and
(c) Report annually to the OMB Director the number and nature of
complaints the agency received regarding compliance with OMB guidelines
on quality, objectivity, utility, and integrity of information and how
such complaints were resolved.
.02 The OMB guidelines offer three underlying principles. Agencies
should ensure that the guidelines:
(a) Are sufficiently flexible to be applied to a wide variety of
information activities that range in importance and scope, and to fit
all forms of media;
(b) Meet basic information quality standards, although some
information may require higher or more specific standards. Agencies
should weigh the costs and benefits of higher information quality in
the context of their mission, budget constraints, and timeliness in
dissemination; and
(c) Are applied in a common-sensical and workable manner. Agencies
should incorporate quality information guideline standards and
procedures into existing processes and procedures. Application of these
guidelines should not impose unnecessary administrative burdens.
Section III. The Commission's Existing Policies and Procedures That
Ensure and Maximize Information Quality
.01 The Commission disseminates information on civil rights
through:
(a) Reports to Congress and the President, including an annual
report on civil rights enforcement as required by statute and other
reports as considered appropriate;
(b) Program activities, such as hearings, briefings, conferences,
and consultations; and
(c) Provision of civil rights information to the public through its
clearinghouse function.
.02 In order to ensure the accuracy and the impartiality of the
information it provides, the Commission has in place various mechanisms
to correct the information it disseminates. OMB's Information Quality
Guidelines urge agencies to integrate into existing guidelines for
dissemination of information the standards for information quality
embodied in the Data Quality Act. The Commission shall improve the
quality of the information it disseminates as it seeks to achieve the
strategic goals of its mission while adhering to budget and resource
priorities.
.03 The mechanisms the Commission uses to ensure information
quality are:
(a) Defame and Degrade. Commission regulations provide procedural
guidelines when statements made at Commission hearings or in reports
will defame, degrade or incriminate persons or institutions.
A statement defames and degrades if its probable effect is to
damage the person or institution criticized in reputation, business, or
otherwise. In determining whether damage is likely to result, it is
necessary to consider the substance of the allegations, all the
circumstances surrounding it, and the community perception and reaction
that is likely to result. All this must all be considered in light of
the applicable legal standards governing defamation of public versus
private persons and entities.
When in advance of a hearing the Commission determines that certain
evidence may tend to defame, degrade, or incriminate any person at any
hearing, it shall receive such evidence of testimony, or a summary of
such evidence or testimony in executive session. The Commission affords
such persons defamed, degraded, or incriminated by such evidence or
testimony an opportunity to appear and be heard in executive session
with a reasonable number of additional witnesses they request, before
deciding to use such evidence or testimony. If the Commission decides
to make this information public, it will give the person the
opportunity to appear as a voluntary witness or submit a sworn
statement. procedures for addressing evidence presented at a hearing
that may tend to defame, degrade, or incriminate any person are
specified at 45 CFR 702.11.
If a Commission report tends to defame, degrade, or incriminate any
person, the report or relevant portions thereof shall be delivered to
such person at least thirty (30) days before the report is published to
allow such person the opportunity to make a timely verified answer to
the report, or relevant portions thereof. Administrative Instruction 7-
1, Procedures for Providing an Opportunity for Response to Persons
Criticized by Commission Publications and Audiovisual Products, at
section 6 provides that whenever a publication, other than a statutory
report, contains material that tends to defame and degrade, such person
must be provided a full and fair opportunity to respond to such
material. Section 7 of Administrative Instruction 7-1 provides for a
defame and degrade review of State Advisory Committee reports. Section
8 of Administrative Instruction 7-1 provides for a defame and degrade
review of the Civil Rights Journal.
(b) Legal Sufficiency Review. Administrative Instruction 1-6,
National Project Development and Implementation, at section 15 provides
for legal sufficiency review by the Office of General Counsel on draft
reports and national office publications that are provided to the
public. The purpose of the legal sufficiency review is to ensure the
adequate interpretation and citation of legal materials and compliance
with statutory requirements. SAC reports also
[[Page 41764]]
will be subject to a legal sufficiency review.
(c) Editorial Policy Review. Administrative Instruction 1-6,
National Project Development and Implementation, at section 14 provides
that the Staff Director will appoint members of an editorial policy
board to review draft national reports to determine the adequacy and
accuracy of the substantive information in the draft document (for
example, conceptual soundness, adherence to Commission policy, quality
of research, argumentation, and documentation of major points). The
project staff revises the draft document in accordance with the
editorial board comments. The appropriate office director apprises the
Staff director by memorandum of areas upon which agreement was not
reached and changes were not made. Once the substantive changes are
made, the new material must be submitted for an expedited legal
sufficiency review.
The Regional Directors are responsible for ensuring that such
reports are unbiased, methodologically sound, well written,
appropriately organized, and properly formatted. SACs are ultimately
responsible for the substance of their reports and memoranda. A report
is forwarded to the Staff Director following formal approval from the
appropriate State Advisory Committee.
(d) Affected Agency Review. Administrative Instruction 1-6,
National Project Development and Implementation, at section 16 provides
that after completing any revisions occasioned by legal and editorial
reviews, the director of the appropriate office sends the sections of
the draft report that pertain to a government agency to the affected
agency for review and comment on the accuracy of the material contained
therein. The Commission's draft findings, conclusions, and
recommendations are not submitted to the affected agency.
Nongovernmental organizations receive pertinent material for review
where appropriate. Upon receipt of comments, the project staff prepares
the appropriate revisions. SAC reports also are subject to an affected
agency review.
.04 Information Technology and Systems Management. Administrative
Instruction 4-18, Information Technology and Systems Management,
provides guidance for the appropriate management of information
technology resources and systems throughout their life cycle, in
accordance with federal regulations, policies and guidelines. It also
provides for the establishment and maintenance of a strategic
information resources management planning process that includes:
(a) An up-to-date five-year plan that has, among others, document
linkages between mission needs and information technology capabilities;
and
(b) An up-to-date security and disaster preparedness plan for
information systems that provides adequate assurances of the
availability, confidentiality and integrity of the information systems.
.05 The Staff Director is the Chief Information Officer (CIO) of
the agency and has primary responsibility for managing the Commission's
information resources. The Deputy CIO will manage the Commission's
security systems and procedures, and monitor Commission compliance with
appropriate federal policies, principles, standards, guidelines, rules,
and administrative instructions.
.06 Data Collection from the Public.
(a) Administrative Instruction 1-6, National Project Development
and Implementation, at section 9 provides that the Chief of the
Administrative Services and Clearinghouse Division (ASCD) is the
Commission's designated paperwork reduction officer, and as such, is
responsible for reviewing proposed data collection procedures as
required by the Paperwork Reduction Act of 1980. It provides that when
collecting information from ten or more persons or organizations, the
Commission must receive prior approval from OMB. The appropriate
documents are submitted to the ASCD Chief at least fifty (50) days
before the anticipated administration of a questionnaire or interview
schedule.
(b) The Civil rights Commission Amendments Act of 1994, Pub. L.
103-419, 108 Stat. 4338, at 42 U.S.C. 1975a(e) provides that the
Commission may issue subpoenas for the attendance of witnesses and the
production of written or other matter in a hearing approved by the
Commission. In addition, the Commission may use depositions and written
interrogatories to obtain information and testimony about matters that
are the subject of a Commission hearing or report.
Further, data also are collected at briefings, conferences,
hearings, and during consultation and interviews by staff. Staff shall
submit the Commission's Privacy Act notice to potential data sources at
these prior to collecting the data.
Section IV. Scope and Applicability of the Commission's Quality
Information Guidelines
.01 Consistent with OMB guidance, the definitions of information
and dissemination set the scope and applicability of the Commission's
quality information guidelines. For the purposes of these guidelines,
information means any communication or representation of facts or data,
in any medium or form, including textual, numerical, graphic,
cartographic, narrative, or audiovisual forms. This definition includes
information that the Commission disseminates from a Web page, but does
not include the provision of hyperlinks to information that others
disseminate.
.02 This definition of information does not include:
(a) Opinions or policies, where the presentation makes clear that
the statements are subjective opinions, rather than facts. Underlying
information upon which the opinion or policy is based may be subject to
these guidelines only if the Commission publishes that information;
(b) Information originated by and attributed to non-Commission
sources, provided the Commission does not expressly rely upon it.
Examples include non-U.S. government information reported and duly
attributed in materials the Commission prepared and disseminated,
hyperlinks on the Commission's Web site to information that others
disseminate, and reports of advisory committees published on the
Commission's Web site that are not explicitly endorsed by the
Commission;
(c) Statements relating solely to the Commission's internal
personnel rules and practices and other materials produced for the
Commission's employees, contractors, or agents;
(d) Descriptions of the Commission, its responsibilities, and
organizational components;
(e) Statements, the modifications of which might cause harm to the
national security, including harm to the national defense or foreign
relations of the United States;
(f) Statements of Commission policy; however, any underlying
information the Commission published upon which a statement is based
may be subjected to these guidelines;
(g) Testimony or comments of Commission officials before courts,
administrative bodies, Congress, or the media;
(h) Investigatory material compiled pursuant to U.S. law or for law
enforcement purposes in the United States; or
(i) Statements which are, or which reasonably may be expected to
become, the subject of litigation, whether before a U.S. or foreign
court or in an
[[Page 41765]]
international arbitral or other dispute resolution proceeding.
.03 Dissemination means Commission initiated or sponsored
distribution of information to the public (see 5 CFR 1320.3(d)
``Conduct or Sponsor'').
.04 This definition of dissemination does not include distributions
of information or other materials that are:
(a) Produced in response to requests for Commission records under
the Freedom of Information Act, the Privacy Act, the Federal Advisory
Committee Act, or similar law; or
(b) Archival records, public filings, responses to subpoena or
compulsory document productions, or documents prepared and released in
the context of adjudicative processes. These guidelines do not impose
any additional requirements on the Commission during adjudicative
proceedings and do not provide parties to such adjudicative proceedings
any additional rights of challenge or appeal; and
(c) Limited to Commission employees or Commission contractors or
grantees, as well as intra-or-inter-agency use or sharing of government
information.
.05 Consistent with OMB guidance, the Commission's guidelines apply
to any covered information the Commission disseminated on or after
October 1, 2002. The Commission's administrative mechanism shall apply
to information that it disseminates on or after October 1, 2002,
regardless of when it first disseminated the information.
Section V. The Commission's Guidelines for Ensuring and Maximizing
Information Quality
0.1 In accordance with OMB guidelines, quality encompasses utility,
objectivity, and integrity. These four statutory terms sometimes are
collectively referred to as quality. The Commission shall adopt a basic
standard of quality and take appropriate steps to ensure that all
offices in the National Office and each Regional Office incorporate
quality criteria into its information dissemination practices.
0.2 Utility of Information
(a) Utility means the usefulness of the disseminated information to
its intended users, including the public. The Commission is committed
to disseminating quality information. Basic to achieving utility is an
understanding of what information is needed as the Commission seeks to
fulfill its mission and mandate. The Commission shall identify civil
rights issues in which there is a critical need for information and
shall develop and implement plans to provide such information.
(b) The Commission shall assess the utility of the information it
will produce from original research and secondary analysis of existing
data. It shall also assess the utility of the information it
disseminates that is provided by or obtained from outside sources and
which it adopts, endorses, or uses.
(c) When reproducibility and transparency of information are
essential for determining information utility, the Commission shall
ensure the reproducibility and transparency of the research design and
analytic methods. In this context, reproducibility means that the
information is capable of being reproduced, subject to an acceptable
degree of imprecision. 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.
(d) In order to enhance further the utility of information, the
Commission shall ensure that the information it will disseminate is
clearly written in plain English, grammatically correct, and free of
spelling or typographical errors. Where appropriate, the Commission
shall include contact information for intended users and the public who
may wish to obtain supplementary information, seek further elucidation,
or provide comments.
0.3 Objectivity of Information
Objectivity concerns substance and presentation of disseminated
information. Substance focuses on whether the content of the
disseminated information is accurate, reliable, unbiased, and balanced.
Presentation concerns whether the disseminated information is presented
in an accurate, clear, complete, and unbiased manner. The Commission is
committed to disseminating information that reflects these two
elements.
(a) In the course of fulfilling its mission and mandate, the
Commission conducts social science studies and evaluates federal civil
rights enforcement programs, reports on findings and conclusions, and
makes recommendations. The Commission strives for a research process
that embodies methodological and statistical rigor, intellectual
honesty in analysis, and presentation of findings and conclusions in
full and proper context in order to achieve accurate, reliable, and
unbiased reports. In this respect, the Commission's Administrative
Instruction 1-6, National Project Development and Implementation at
sections 7 and 8 is instructive. Consistent with it, the Commission
shall ensure that the program office primarily responsible for reports:
(1) Develops methodologically strong and practically feasible
research designs capable of judging the issues addressed;
(2) Makes explicit the assumptions underlying research efforts;
(3) Conducts thorough review of the literature representing a wide
range of perspectives on the subject of study or evaluation;
(4) Uses appropriate and sound research methods to gather
information;
(5) Uses appropriate and sound statistical techniques to analyze
collected information;
(6) Ensures that the analysis is unbiased;
(7) Presents disseminated information within a full and proper
context, including supporting data as appropriate;
(8) Identifies data sources (to the extent possible, consistent
with confidentiality protections); and
(9) Specifies limitations of the study or evaluation, including
error sources that affect data quality.
The Staff Director is responsible for reviewing national office
project designs and proposals to ensure that they reflect objectivity
and balance. The Staff Director also reviews State Advisory Committee
reports for balance and objectivity.
.04 In conducting social science studies and evaluation of federal
civil rights enforcement programs, the Commission may combine original
research with secondary analysis of existing data or may rely solely on
the latter. The sources of existing data may be other federal
government agencies, advisory committees, or other organizations and
individuals. The Commission expects that these entities will subject
information they submit to adequate quality control measures. Prior to
using existing data from outside sources, the responsible program
office shall review and verify the data as necessary and appropriate.
Data collected at briefings may be verified by requiring the outside
sources to submit testimony upon oath or affirmation. The underlying
information upon which the disseminated material is based may be
subject to these guidelines only if the Commission publishes that
information. Being subject to these guidelines does not necessarily
mean that the material the Commission publishes is a policy statement
of the United States government.
.05 When the responsible program office determines that the
information it will disseminate is influential social science,
financial, legal, or statistical information, it shall take extra care
to
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include a high degree of transparency about data and research methods
to meet OMB's requirement for the reproducibility of such information.
In this context, influential means that such information will have or
does have a clear and substantial impact on important public policies
pertaining to civil rights issues or important private sector decisions
that have civil rights implications. A high degree of transparency for
disseminated information here means that the methodology used to derive
the results is readily understandable to persons experienced in the
appropriate field of study. In determining the appropriate level of
transparency, the responsible program office will consider the types of
data that can be practically subjected to a reproducibility requirement
given ethical, feasibility, confidentiality, and national security
constraints. In making this determination, the responsible program
office will hold analytical results to an even higher standard than
original data. It is important that analytic results have a high degree
of transparency regarding:
(a) The source of the data used;
(b) The various assumptions employed;
(c) The analytic methods applied; and
(d) The statistical procedures employed.
.06 The Commission may contract, from time to time, with
organizations or individuals to conduct research and analysis in
support of its mission and mandate, but Commission policy does not
influence their results. The responsible program office that
disseminates contractor-prepared information will maintain records on
data sources, data collection methods, and statistical techniques used
in analysis, and retain all data and documents employed in preparing
contractor reports. The Commission expects that contractors will adhere
to research standards set forth in section V.03 and .04 above. When the
Lead Office anticipates that the contractor-prepared information it
will disseminate is influential social science, financial, or
statistical information, it will ensure that the contractor adheres to
section V.05 above.
.07 The clearance process contributes in important ways to the
objectivity of disseminated information. The Commission's
Administrative Instruction 1-6, National Project Development and
Implementation, at sections 13, 14, 15, 16, and 17 provides a rigorous,
multi-phased quality control clearance. Where appropriate, the
Commission will seek substantive input from other government agencies,
nongovernment organizations, scholars, and the public. The Commission
also will determine if peer review is appropriate and, if necessary,
the Lead Office will coordinate such review;
.08 Public dissemination of hard-bound information and all
information published in final form on the Commission's Web site at
www.usccr.gov shall occur only after clearances are obtained from the
Office of the Staff Director, and, if appropriate, with the approval of
the Commissioners.
.09 These guidelines focus on procedures for the dissemination of
information, as those terms are defined herein. Accordingly, procedures
specifically applicable to forms of communication outside the scope of
these guidelines, such as those for correspondence, press releases, or
to other federal employees, among others, are not included.
.10 Integrity of Information
(a) Integrity refers to security, that is, the protection of
information from unauthorized access or revision in order to ensure
that it is not compromised through corruption or falsification.
Information technology is essential to the Commission as it seeks to
fulfill its mission and mandate. A critical component of information
integrity is protecting information technology systems from
unauthorized access that could compromise information stored therein.
.11 Consistent with Administrative Instruction 4-18, Information
Technology and System Management, the Commission shall ensure that ASCD
coordinates and works with all offices in the National Office, the
Regional Offices, and SACs to guarantee the integrity of information
residing in its technology systems.
.12 To assist in fulfilling its mission, the Commission's Office of
Civil Rights Evaluation and Office of General Counsel conduct studies
on issues with civil rights implications. They may collect information
for analysis and/or obtain existing information from other sources.
These program offices shall protect such information from unauthorized,
unanticipated, or unintentional modification. They shall use
appropriate controls to safeguard draft reports and confidential
information, such as interrogatory responses, from improper
dissemination.
Section VI. Administrative Procedures for Pre-Dissemination Review
.01 Each Commission's program office in the National Office and
each Regional Office shall incorporate OMB and Comission information
quality principles into their existing pre-dissemination review
procedures as appropriate.
Section VII. Administrative Mechanism for Correction of Information
.01 The Commission shall allow any affected person to request the
correction of Commission-disseminated information that does not comply
with applicable OMB and Commission information quality guidelines. An
affected person is an individual or an entity that may use, benefit
from, or be harmed by the disseminated information at issue.
.02 Information Correction Requests
(a) In the Commission's correction request process the burden of
proof rests with the requester. An affected person who believes that
information the Commission disseminates does not adhere to the
information quality guidelines of OMB or the Commission, and who would
like to request correction of specific information, needs to submit a
Petition for Correction with the following information.
(1) Name, mailing address, e-mail address, telephone number, and
organizational affiliation (if any) of the individual or organization
submitting a petition;
(2) Detailed description of the information the requester believes
does not comply with the Commission's guidelines, including the exact
name of the report or publication, the date, and a description of the
specific item in question;
(3) Description of the requester's interest in the information and
how the requester is affected by the information in question; and
(4) Description of reason(s) that the information should be
corrected, including the elements of the information quality guidelines
that were not followed.
(b) The Petition for Correction should be sent to the Deputy Chief
Information Officer (DCIO) for Information Management at the following
address: Deputy Chief Information Officer, U.S. Commission on Civil
Rights, 624 Ninth Street, NW., Washington, DC 20425.
(c) Alternatively, requesters may submit an e-mail request to the
following address: dblackwood@usccr.gov. Requesters should indicate
that they are submitting an Information Quality Request in the subject
line of the e-mail.
.03 The DCIO will review the request and determine whether it
contains all the information required for a Petition. If the request is
unclear or incomplete, he/she will seek clarification from the
requester.
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.04 If the request is complete, the DCIO will forward it to the
appropriate program office(s) for a response. The responsible office(s)
will determine whether a correction is warranted, and if so, what
corrective action it will take. The answer will take into consideration
the importance of the information involved, the magnitude of the error,
and the cost of undertaking the correction.
.05 The Commission is not required to change the content or status
of information simply based on the receipt of a Petition for
Correction. The Commission may reject a request that appears to be made
in bad faith or without justification, and is only required to
undertake the degree of correction that is appropriate for the nature
and timeliness of the information involved. In addition, the Commission
need not respond to requests involving information not covered by the
information quality guidelines.
.06 The Commission will respond to all Petitions for Correction
within sixty (60) calendar days of the receipt of the request by the
DCIO, unless there is a reasonable basis for an extension. The
requester will be told of the right to appeal the decision.
.07 Appeal
(a) If the requester is not satisfied with the Commission's
decision on the request, he/she may appeal to the Commission's CIO
within thirty (30) calendar days of the receipt of the Commission's
decision. This administrative appeal must include a copy of the initial
request, a copy of the Commission's decision, and a written narrative
explaining why the requester believes the Commission's decision was
inadequate, incomplete, or in error.
(b) This appeal will be sent to the Commission's CIO at the
following address: The Chief Information Officer, Staff Director's
Office, RE: Information Quality Appeal, Room 700, 624 Ninth Street,
NW., Washington, DC 20425.
(c) All appeals will be impartially reviewed by parties other than
those who prepared the Commission's decision. The Commission will
respond to all appeals within sixty (60) calendar days of the CIO's
receipt of the appeal.
(d) If the appropriate Commission official, whether at the initial
or appeal stage, decides that the requester is correct and the
information should be corrected, he/she will notify the Staff Director
who will instruct the officials in charge of publications to attach an
errata page to the publication in question so that all future
dissemination of the data will show that the error was corrected.
(e) The Commission will also post information quality correction
requests to its Web site. The specific information will include a copy
of each correction request, the Commission's formal response(s), and
any communications regarding appeals. The Commission also will include
a brief description of each request and any subsequent responses.
[FR Doc. 06-6426 Filed 7-21-06; 8:45 am]
BILLING CODE 6335-01-M