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Proposed Revision of
OMB Circular A-130,; (65 Federal Register 19933 et seq.; April 13, 2000) May 17, 2000 Mr. Tony FraterInformation Policy and Technology Branch Office of Information and Regulatory Affairs Office of Management and Budget Executive Office of the President Room 10236 New Executive Office Building 725 17th St., N.W. Washington, D.C. 20503 The Center for Regulatory Effectiveness (CRE)1 has a continuing interest in improving the quality of information that Federal agencies disseminate to the public, including through the Internet. CRE also believes that Federal agencies need to establish a sound and transparent substantive and procedural basis for determining whether data and information upon which agencies base regulatory decisions are of high quality. CRE's comments today address our strong belief that OMB should establish, through OMB Circular A-130, a clear procedure to allow affected members of the public to petition to correct government-disseminated information that is incorrect or that is misleading to the public, for example, because the information is not presented in appropriate scientific context. We propose specific text, below.
OMB Circular A-130 and the Role of the Agency Chief Information Officers CRE believes that the revision of OMB Circular A-130, Management of Federal Information Resources, presents an excellent opportunity for OMB to direct Federal agencies to improve the quality and practical utility of "information created, collected, maintained, used, shared and disseminated by or for the Federal Government"2. OMB Circular A-130 contains numerous policy directives that address the need for development, maintenance, dissemination, and modification of agency public information products and for senior-level management oversight to assure that agencies establish and maintain high quality information systems. Circular A-130 also establishes as Administration policy that agencies need a complaint resolution process and a designated senior official who is responsible for upholding the policies of the Circular and who has authority to correct data errors and to remedy poor data quality. See, Circular A-130, notably § 9(a)(10). On April 18, 2000, John T. Spotila, the Administrator of the Office of Information and Regulatory Affairs at the Office of Management and Budget, wrote to Congresswoman Jo Ann Emerson in reply to a letter from her requesting OMB's response to language in the Conference Report of OMB's Appropriations in the FY 1999 Omnibus Appropriations Act, concerning the quality of information that Federal agencies disseminate to the public. (See, House Report 105-592, at page ___.) Mr. Spotila wrote:
"monitor agency compliance with the policies, procedures, and guidance in this Circular. Acting as an ombudsman, the [CIO] shall consider alleged instances of agency failure to comply with this Circular and recommend or take corrective action as appropriate." The Circular also contains a specific requirement for agencies to report to OMB any alleged violations and their resolution: "The [CIO] shall report annually, not later than February 1st of each year, to the Director [of OMB] those instances of alleged failure to comply with this Circular and their resolution." [Letter from John T. Spotila, April 18, 2000.] CRE notes that OMB proposes to amend existing § 9(a)10 by re-designating it as § 9(a)4 and making express reference to the CIO's duty to "consider alleged instances of agency failure to comply with section 8(a) ["Information Management Policy"] of this Circular, and recommend or take appropriate corrective action". (65 Fed Reg. 19938.) CRE believes the proposed amendment to § 9(a)10 maintains the CIO's authority to resolve disputes concerning the quality and presentation of data and information in Federal agency information products. While CRE appreciates Mr. Spotila's statements concerning the complaint resolution authority of the CIOs pursuant to current Circular A-130, we believe that OMB should revise Circular A-130 to establish clear procedural principles for affected members of the public to petition to correct government-disseminated information that is incorrect or that is misleading to the public, for example, because the information is not presented in appropriate scientific context.3 CRE also believes that revising Circular A-130 to establish a clear process for petitioning for corrections will promote the purposes of the Paperwork Reduction Act and help implement the Circular's policy statement that:
It is [. . .] essential that the government [. . .] maximize the usefulness of government information. [Circular A-130, §7.c.] CRE's Proposal to Amend Circular A-130 CRE proposes that OMB amend Circular A-130 to establish more specifically what type of complaint resolution procedures the CIO will employ in the role of ombudsman, as the CIO considers alleged instances of agency failure to comply with the Circular and recommends or takes corrective action as appropriate, pursuant to existing § 9(a)10 (proposed § 9(a)(4)).
When acting as ombudsman pursuant to this section, the Chief Information Officer will employ the procedures and criteria set forth in Appendix V to this Circular.
The Attachment provides procedures to allow affected persons to petition the CIO to correct defective data or information. We also suggest criteria for "standing" to file such petitions, which we believe will assure that the CIOs are not inundated with frivolous petitions to correct data or information. If you have any question concerning the CRE's comments on OMB's proposed revision to OMB Circular A-130, please contact me at: (202) 265-2383. Member, CRE Advisory Board 1 The CRE was established in 1996, after the passage of the Congressional Review Act, to provide Congress with independent analyses of Federal agency regulations. From this initial organizing concept, CRE has grown into a nationally recognized clearinghouse to improve the Federal regulatory process. One such improvement in the Federal regulatory process is to assure that Federal agencies make decisions based on sound science. CRE has no members, but it receives, from time to time, financial support, services in kind, and work product from trade associations and private firms. The CRE Advisory Board consists of former career officials from OMB's Office of Information and Regulatory Affairs. (back to document) 2 See, "Purposes" of the Paperwork Reduction Act of 1995 (44 U.S.C. § 3501 et seq.), at § 3501(2). (back to document) 3Appendix IV to OMB Circular A-130 affirms the importance of presenting information in appropriate context: ATTACHMENT Appendix V to OMB Circular A-130 -
1. Purpose The purpose of this Appendix is to provide standardized procedures and criteria for considering alleged instances of agency failure to comply with section 8(a) of this Circular, as provided for in section 9(a)(4) of this Circular. 2. Procedures and Criteria
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