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Rule2024-23536

Fundamental Responsibilities of Recognized Statistical Agencies and Units

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Published

October 11, 2024

Effective

December 10, 2024

Issuing agencies

Management and Budget Office

Abstract

Public trust in Federal statistics is essential to their value and use in informing decisions across public and private sectors. To promote public trust in the statistical agencies and units that produce Federal statistics, the Office of Management and Budget issues this final rule pursuant to Title III of the Foundations for Evidence-Based Policymaking Act of 2018 (Evidence Act) to provide direction to Recognized Statistical Agencies and Units (RSAUs) in carrying out their four fundamental responsibilities: produce and disseminate relevant and timely statistical information, conduct credible and accurate statistical activities, conduct objective statistical activities, and protect the trust of information providers by ensuring the confidentiality and exclusive statistical use of their responses. This final rule also provides direction to other Federal agencies to enable, support, and facilitate RSAUs in carrying out these four fundamental responsibilities.

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<title>Federal Register, Volume 89 Issue 198 (Friday, October 11, 2024)</title>
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[Federal Register Volume 89, Number 198 (Friday, October 11, 2024)]
[Rules and Regulations]
[Pages 82453-82482]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-23536]

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Rules and Regulations
Federal Register
________________________________________________________________________

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

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

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

[[Page 82453]]

OFFICE OF MANAGEMENT AND BUDGET

5 CFR Part 1321

RIN 0348-AB81

Fundamental Responsibilities of Recognized Statistical Agencies
and Units

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

ACTION: Final rule.

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SUMMARY: Public trust in Federal statistics is essential to their value
and use in informing decisions across public and private sectors. To
promote public trust in the statistical agencies and units that produce
Federal statistics, the Office of Management and Budget issues this
final rule pursuant to Title III of the Foundations for Evidence-Based
Policymaking Act of 2018 (Evidence Act) to provide direction to
Recognized Statistical Agencies and Units (RSAUs) in carrying out their
four fundamental responsibilities: produce and disseminate relevant and
timely statistical information, conduct credible and accurate
statistical activities, conduct objective statistical activities, and
protect the trust of information providers by ensuring the
confidentiality and exclusive statistical use of their responses. This
final rule also provides direction to other Federal agencies to enable,
support, and facilitate RSAUs in carrying out these four fundamental
responsibilities.

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

FOR FURTHER INFORMATION CONTACT: Kerrie Leslie, 202-395-5898,
<a href="/cdn-cgi/l/email-protection#663214131512340301130a07120f090826090b044803091648010910"><span class="__cf_email__" data-cfemail="633711161017310604160f02170a0c0d230c0e014d060c134d040c15">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Background

The Foundations for Evidence-Based Policymaking Act of 2018
(Evidence Act) became law on January 14, 2019.\1\ The Evidence Act
seeks to ``advance[ ] the evidence building functions in the Federal
Government by improving access to data and expanding evaluation
capacity.'' \2\ Part of advancing evidence-building functions is
enhancing the foundation for generating high quality evidence,
including improving the ability of Recognized Statistical Agencies and
Units (RSAUs) to produce relevant, timely, credible, accurate, and
objective statistical information. Title III of the Evidence Act (known
as the Confidential Information Protection and Statistical Efficiency
Act of 2018, or CIPSEA 2018) updated and enhanced the original
Confidential Information Protection and Statistical Efficiency Act of
2002 (known as CIPSEA 2002) \3\ by, among other things, codifying the
four fundamental responsibilities of RSAUs and requiring other Federal
agencies to enable, support, and facilitate RSAUs in upholding these
responsibilities. The four fundamental responsibilities are as follows:
\4\
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\1\ Foundations for Evidence-Based Policymaking Act of 2018,
Public Law 115-435, 132 Stat. 5529 (2019), available at <a href="https://www.congress.gov/115/plaws/publ435/PLAW-115publ435.pdf">https://www.congress.gov/115/plaws/publ435/PLAW-115publ435.pdf</a>.
\2\ Foundations for Evidence-Based Policymaking Act of 2017,
H.R. Rep. No. 115-411, at 1-2 (2017), available at <a href="https://www.congress.gov/congressional-report/115th-congress/house-report/411">https://www.congress.gov/congressional-report/115th-congress/house-report/411</a>.
\3\ E-Government Act of 2002, Public Law 107-347, title V, 116
Stat. 2962. The E-Government Act of 2002 as codified and amended at
44 U.S.C. 3561-3576 by CIPSEA 2018 is also known generically as
``CIPSEA.''
\4\ 44 U.S.C. 3563(a)(1).
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(1) produce and disseminate relevant and timely statistical
information;
(2) conduct credible and accurate statistical activities;
(3) conduct objective statistical activities; and
(4) protect the trust of information providers by ensuring the
confidentiality and exclusive statistical use of their responses.
In August 2023, OMB issued a proposed rule that would provide
direction to agencies in carrying out these responsibilities.\5\ After
considering comments on the proposed rule, OMB issues this final rule
to be codified at 5 CFR part 1321, which sets forth requirements for
RSAUs to carry out their fundamental responsibilities and for agencies
to enable, support, and facilitate RSAUs in carrying out their
fundamental responsibilities.
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\5\ Off. of Mgmt. & Budget, Exec. Off. of the President,
Fundamental Responsibilities of Recognized Statistical Agencies and
Units, 88 FR 56708 (Aug. 18, 2023), available at <a href="https://www.govinfo.gov/content/pkg/FR-2023-08-18/pdf/2023-17664.pdf">https://www.govinfo.gov/content/pkg/FR-2023-08-18/pdf/2023-17664.pdf</a>.
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A. Statutory Authority

Pursuant to 44 U.S.C. 3563(c) and the general authority in 44
U.S.C. 3562(a) to promulgate rules to ensure consistent interpretation
by Federal agencies of the requirements of CIPSEA 2018, OMB finalizes
this rule to provide direction to agencies in carrying out the
responsibilities described in section 3563. Section 3563 describes the
fundamental responsibilities that RSAUs must adhere to and charges all
Federal agencies with enabling, supporting, and facilitating RSAUs in
meeting these responsibilities.

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

Federal statistics have informed decision making in the United
States since its founding. The first constitutionally mandated census
of population was in 1790.\6\ The 1790 Census planted the seeds for
what is referred to today as the Federal statistical system. Over the
19th century, the system continued to blossom into a specialized and
decentralized yet interconnected network of agencies, units, programs,
and officials across the Government addressing emerging information
demands of the Nation, including in the fields of tax, agriculture,
education, and labor. The 20th Century presented new policy needs
leading to further expansion of the Federal statistical system to
include the fields of commerce, public health, energy, justice,
transportation, and more. More than two decades into the 21st century,
the Federal statistical system continues to provide the gold-standard
for impartial, trusted Federal statistics foundational to informing
decisions across the public and private sectors. Increasingly,
collaboration is required across the Federal statistical system to

[[Page 82454]]

unlock greater efficiencies and leverage diverse expertise.\7\
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\6\ Carroll Wright, Comm'r of Labor, The History and Growth of
the United States Census, S. Doc. No. 194, at 12-14 (1900),
available at <a href="https://www.census.gov/history/pdf/wright-hunt.pdf">https://www.census.gov/history/pdf/wright-hunt.pdf</a>.
\7\ For example, recent collaborations have expanded the Federal
Statistical Research Data Centers program and launched the Standard
Application Process portal.
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The Federal Statistical System. The Federal statistical system
collects and transforms data into useful, objective information and
makes it readily and equitably available to data users, while
protecting the responses of individual data providers. Federal, State,
local, territorial, and Tribal governments; businesses; and the public
all trust this information to be credible and reliable and use it to
make informed decisions. The Federal statistical system includes the
following entities and officials:
<bullet> Office of the Chief Statistician of the United States. Led
by the Chief Statistician of the United States, the Office of the Chief
Statistician of the United States at OMB has the statutory authority to
coordinate the Federal statistical system to ensure its efficiency and
effectiveness, as well as the integrity, objectivity, impartiality,
utility, and confidentiality of information collected for statistical
purposes.\8\ The office accomplishes this by promulgating rules,
developing and maintaining statistical policies and standards,
identifying priorities for improving statistical programs, assessing
statistical agency budgets, reviewing and approving collections of
information from RSAUs, and coordinating U.S. participation in
international statistical activities, among other functions.
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\8\ 44 U.S.C. 3504(e)(7).
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<bullet> Sixteen RSAUs. OMB currently recognizes 16 statistical
agencies and units under CIPSEA (See Table 1).\9\ OMB-recognized
agencies or units are organizational units of the Executive Branch
whose activities are predominantly the collection, compilation,
processing, or analysis of information for statistical purposes,\10\
covering topics such as the economy, workforce, energy, agriculture,
foreign trade, education, housing, crime, transportation, and health.
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\9\ See 44 U.S.C. 3562(a) (providing OMB the authority to
recognize statistical agencies and units).
\10\ 44 U.S.C. 3561(12) (``The term `Statistical purpose' (A)
means the description, estimation, or analysis of the
characteristics of groups, without identifying the individuals or
organizations that comprise such groups; and (B) includes the
development, implementation, or maintenance of methods, technical or
administrative procedures, or information resources that support the
purposes described in [(A)].'').
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<bullet> Approximately 100 other statistical programs.\11\ These
other Federal statistical programs produce and disseminate statistics
in support of other mission areas and conduct a variety of evidence-
building functions, including program evaluation, scientific research,
data collection, policy and program analysis, and the provision of
funding and other support for external research.
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\11\ Off. of Mgmt. & Budget, Exec. Off. of the President,
Statistical Programs of the United States Government: Fiscal Years
2021/2022, at 53 (2024), available at <a href="https://www.whitehouse.gov/wp-content/uploads/2024/02/statistical-programs-20212022.pdf">https://www.whitehouse.gov/wp-content/uploads/2024/02/statistical-programs-20212022.pdf</a>.
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<bullet> Twenty-Four Statistical Officials. Pursuant to the
Evidence Act, each Chief Financial Officers Act (CFO Act) agency \12\
has designated a senior staff person in the agency to be the
Statistical Official with the authority and responsibility to advise
across the agency on statistical policy, techniques, and procedures,
and to champion statistical data quality and confidentiality. At the 11
CFO Act agencies that contain an RSAU, the head of that RSAU has been
designated the Statistical Official, as required by OMB M-19-23.\13\
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\12\ 31 U.S.C. 901.
\13\ Off. of Mgmt. & Budget, Exec. Off. of the President, M-19-
23, Phase 1 Implementation of the Foundations for Evidence-Based
Policymaking Act of 2018: Learning Agendas, Personnel, and Planning
Guidance 8 & n.19 (July 10, 2019), available at <a href="https://www.whitehouse.gov/wp-content/uploads/2019/07/M-19-23.pdf">https://www.whitehouse.gov/wp-content/uploads/2019/07/M-19-23.pdf</a>. In the
case of the Departments of Agriculture, Commerce, and Health and
Human Services, which each host more than one recognized statistical
agency or unit, the Statistical Official role is determined by the
CFO Act agency.
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<bullet> Interagency Council on Statistical Policy (ICSP). Chaired
by the Chief Statistician of the United States, the ICSP was
established to advise and assist OMB, through the Chief Statistician of
the United States, in carrying out its statutory responsibility to
coordinate the Federal statistical system.\14\ The ICSP supports the
Federal statistical system's vision to operate as a seamless system and
its critical role supporting evidence-based decision making. The ICSP
sets strategic goals on issues such as modernizing the statistical
system, ensuring data quality and confidentiality, and providing safe
and appropriate data access, as well as enhancing coordination and
collaboration across the system. The ICSP currently includes 29 members
in addition to the Chair, including the head of each RSAU and each
Statistical Official; however, 11 of the Statistical Officials are also
heads of RSAUs.
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\14\ 44 U.S.C. 3504(e).
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Brief History of RSAUs. In June 1997, OMB issued the ``Order
Providing for the Confidentiality of Statistical Information,'' (1997
Order) which ``clarifie[d] and amplifie[d] the privileged status
afforded `confidential statistical data.' '' \15\ The 1997 Order
established a consistent confidentiality policy across statistical
agencies and units ``whose activities are predominantly the collection,
compilation, processing, or analysis of information for statistical
purposes'' as ``determined by the Office of Management and Budget.'' In
the 1997 Order, OMB determined 12 statistical agencies and units would
be subject to the order.\16\ About five years later, CIPSEA 2002 was
enacted, which codified OMB's authority to determine whether an agency
or unit is a statistical agency or unit subject to the consistent and
heightened protections for confidential statistical data under CIPSEA
2002.\17\ In 2007, OMB issued CIPSEA 2002 implementation guidance (2007
guidance) and recognized the 12 statistical agencies and units
previously identified in the 1997 Order plus two additional statistical
agencies or units.\18\ These 14 agencies and units listed in the 2007
guidance were known as recognized statistical agencies and units. Since
2007, OMB added two more units for a total of 16 RSAUs.\19\ In
accordance with the 2007 guidance, OMB maintains a publicly available
list of RSAUs online, now available at

[[Page 82455]]

<a href="https://www.StatsPolicy.gov">https://www.StatsPolicy.gov</a>. Table 1 provides a list of the current 16
RSAUs and their highest-level organization.
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\15\ Off. of Mgmt. & Budget, Exec. Off. of the President, Order
Providing for the Confidentiality of Statistical Information, 62 FR
35044, 35044 (June 27, 1997), available at <a href="https://www.govinfo.gov/content/pkg/FR-1997-06-27/pdf/FR-1997-06-27.pdf">https://www.govinfo.gov/content/pkg/FR-1997-06-27/pdf/FR-1997-06-27.pdf</a>.
\16\ Id. at 35049. The term ``designated'' was used in the 1997
Order. For the purposes of this final rule, OMB uses the term
recognized in this discussion of the history of OMB's role in
identifying these entities to provide consistency across the
discussion with the current implementation.
\17\ CIPSEA 2018 reauthorized the OMB's authority to make this
determination under and codified it at 44 U.S.C. 3562(a). CIPSEA
2018 uses the term ``designate'' to identify those statistical
agencies or units that OMB identifies under section 3562 and
therefore are subject to the responsibilities in section 3563.
CIPSEA 2018 also uses the term ``designated'' to identify the three
statistical agencies and units given the authority to share business
data with each other in section 3576. To avoid confusion in this
final rule, the term ``recognized'' is used, consistent with past
practice, to refer to those statistical agencies and units
identified under section 3562 and subject to the responsibilities in
section 3563.
\18\ Off. of Mgmt. & Budget, Exec. Off. of the President,
Implementation Guidance for Title V of the E-Government Act,
Confidential Information Protection and Statistical Efficiency Act
of 2002 (CIPSEA), 72 FR 33362, 33368 (June 15, 2007), available at
<a href="https://www.govinfo.gov/content/pkg/FR-2007-06-15/pdf/E7-11542.pdf">https://www.govinfo.gov/content/pkg/FR-2007-06-15/pdf/E7-11542.pdf</a>.
\19\ See About Us: Principal Statistical Agencies and Recognized
Units, <a href="http://StatsPolicy.gov">StatsPolicy.gov</a>, <a href="https://www.StatsPolicy.gov/about/#statistical-agencies">https://www.StatsPolicy.gov/about/#statistical-agencies</a> (last visited May 21, 2024); see also Off. of
Mgmt. & Budget, Exec. Off. of the President, Statistical Policy
Directive No. 1: Fundamental Responsibilities of Federal Statistical
Agencies and Recognized Statistical Units, 79 FR 71610 (Dec. 2,
2014), available at <a href="https://www.govinfo.gov/content/pkg/FR-2014-12-02/pdf/2014-28326.pdf">https://www.govinfo.gov/content/pkg/FR-2014-12-02/pdf/2014-28326.pdf</a>.

Table 1--Current RSAUs
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Recognized statistical agency or unit Highest level organization
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Bureau of Economic Analysis............ Department of Commerce.
Bureau of Justice Statistics........... Department of Justice.
Bureau of Labor Statistics............. Department of Labor.
Bureau of the Census................... Department of Commerce.
Bureau of Transportation Statistics.... Department of Transportation.
Center for Behavioral Health Statistics Department of Health and Human
and Quality. Services.
Economic Research Service.............. Department of Agriculture.
Energy Information Administration...... Department of Energy.
Microeconomic Surveys Unit............. Board of Governors of the
Federal Reserve System.
National Agricultural Statistics Department of Agriculture.
Service.
National Animal Health Monitoring Department of Agriculture.
System.
National Center for Education Department of Education.
Statistics.
National Center for Health Statistics.. Department of Health and Human
Services.
National Center for Science and National Science Foundation.
Engineering Statistics.
Office of Research, Evaluation, and Social Security Administration.
Statistics.
Statistics of Income Division.......... Department of the Treasury.
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Related authorities. Critical to a healthy, relevant Federal
statistical system has been the development and implementation of
statutes, rules, policies, and principles (hereafter collectively
referred to as ``authorities'') to support its growth. Over the years,
recognizing challenges faced by the Federal statistical system as it
grew, Congress, the Executive Branch, and outside experts--both
nationally and internationally--have built a framework of authorities
to address such challenges. In addition, maintaining the public's trust
in the statistical information produced by the Federal statistical
system is critical to the usefulness of the statistical information,
and authorities have been issued and revised over time to promote the
Federal statistical system's ability to provide relevant, timely,
credible, accurate, and objective statistical information. Importantly,
many authorities, such as individual entity authorizing statutes and
cross-system statutes, co-exist and complement one another to promote a
strong, vibrant, interconnected Federal statistical system. These
authorities generally support the ability of the Federal statistical
system to create relevant, timely, credible, accurate, and objective
statistics in a way that promotes the trust of data providers. Some of
the most relevant authorities to this final rule include the Evidence
Act, CIPSEA 2002, CIPSEA 2018, the Paperwork Reduction Act of 1995
(PRA), the Privacy Act of 1974 (Privacy Act), and OMB Statistical
Policy Directive Nos. 1, 3, and 4. In addition, other external
entities--both domestic and international--have published their
perspectives on how RSAUs should meet their missions to produce
relevant, timely credible, accurate, and objective Federal statistics;
including the National Academy of Sciences, Engineering, and Medicine's
Principles and Practices for a Federal Statistical Agency (referred to
as Principles and Practices); the United Nations' Fundamental
Principles of Official Statistics; \20\ the European Statistics Code of
Practice; \21\ and the American Statistical Association's Ethical
Guidelines for Statistical Practice.\22\ The proposed rule preamble
includes a longer description of these related authorities.
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\20\ United Nations General Assembly, Fundamental Principles of
Official Statistics (adopted Jan. 29, 2014), available at <a href="https://unstats.un.org/fpos/">https://unstats.un.org/fpos/</a>.
\21\ European Statistical System Committee, European Statistics
Code of Practice for the National Statistical Authorities and
Eurostat (adopted Nov. 16, 2017), available at <a href="https://ec.europa.eu/eurostat/web/products-catalogues/-/KS-02-18-142">https://ec.europa.eu/eurostat/web/products-catalogues/-/KS-02-18-142</a>.
\22\ Am. Stat. Ass'n, Ethical Guidelines for Statistical
Practice (Feb. 2022), available at <a href="https://www.amstat.org/your-career/ethical-guidelines-for-statistical-practice">https://www.amstat.org/your-career/ethical-guidelines-for-statistical-practice</a>.
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Over many years and based on lessons learned, certain
responsibilities, standards, and protections have been developed and
implemented to strengthen the Federal statistical system's ability to
meet its mission reliably and objectively, which requires an
appropriate level of autonomy and authority for RSAUs.\23\ The concepts
of autonomy and authority as codified in this rule are important for
RSAUs to meet the fundamental responsibilities enumerated in 44 U.S.C.
3563. The autonomy and authority of RSAUs must be balanced with the
other responsibilities and needs of RSAUs, as well as other affected
Federal agencies. Similar to the proposed rule, this final rule aims to
explicate where autonomous decision-making authority is important and
why.
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\23\ See Foundations for Evidence-Based Policymaking Act of
2017, H.R. Rep. No. 115-411, at 19 (2017), available at <a href="https://www.congress.gov/congressional-report/115th-congress/house-report/411">https://www.congress.gov/congressional-report/115th-congress/house-report/411</a> (quoting Statistical Policy Directive No. 1); see also Nat'l
Acads. of Sci., Eng'g, & Med., Principles and Practices for a
Federal Statistical Agency 53-58 (7th ed. 2021), available at
<a href="https://www.nap.edu/read/25885/">https://www.nap.edu/read/25885/</a> (articulating the importance of
independence for Recognized Statistical Agencies and Units in
meeting their responsibilities); Comm'n on Evidence-Based
Policymaking, The Promise of Evidence-Based Policymaking 60-64
(2017), available at <a href="https://bipartisanpolicy.org/wp-content/uploads/2019/03/Full-Report-The-Promise-of-Evidence-Based-Policymaking-Report-of-the-Comission-on-Evidence-based-Policymaking.pdf">https://bipartisanpolicy.org/wp-content/uploads/2019/03/Full-Report-The-Promise-of-Evidence-Based-Policymaking-Report-of-the-Comission-on-Evidence-based-Policymaking.pdf</a> (noting the importance of independence).
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In addition, CIPSEA 2018 contemplates a common framework for
protecting statistical data, acquiring administrative or program data,
and disseminating statistical data securely. This rule seeks to lay the
foundation for advancing this common framework by facilitating
appropriate interagency engagement and coordination and ensuring
implementation is successful across the Federal Government.\24\ The
organizational structure of agencies and departments in relation to
RSAUs is important for successful implementation of this rule.
Currently, each RSAU is part of a larger organization, with varying
reporting structures. The heads of some RSAUs are appointed by the
President (either with or without Senate confirmation),

[[Page 82456]]

while others are senior career officials. Likewise, the heads of some
RSAUs report directly to the Secretary, or equivalent head, of their
highest organizational level, such as the Department, while others have
several intervening layers of reporting within their organizations.
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\24\ Notably, nothing in CIPSEA 2018 ``restrict[s] or
diminish[es] any confidentiality protections or penalties for
unauthorized disclosure that otherwise apply to data or information
collected for statistical purposes or nonstatistical purposes.'' 44
U.S.C. 3564(h).
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CIPSEA 2018 also requires OMB to issue guidance on the requirements
and processes for seeking and obtaining OMB recognition as a new RSAU.
That guidance is forthcoming; however, it should be noted that, at a
minimum, agencies and units seeking this designation, along with their
parent agencies, will be required to demonstrate a commitment to
upholding the requirements in this rule.

C. The Proposed Rule

OMB published an NPRM entitled ``Fundamental Responsibilities of
Recognized Statistical Agencies and Units'' on August 18, 2023 (the
proposed rule), with comments requested by October 2, 2023. As a
general matter, in developing the proposed rule, OMB followed the
approach of adhering to the wider principles and practices contained in
Statistical Policy Directive No. 1, which already contained the
fundamental responsibilities now codified in CIPSEA 2018 and gave RSAUs
specific guidance on how to adhere to those responsibilities.\25\ Many
of the provisions included in the proposed rule were drawn directly or
adapted from Statistical Policy Directive No. 1.
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\25\ Off. of Mgmt. & Budget, Exec. Off. of the President,
Statistical Policy Directive No. 1: Fundamental Responsibilities of
Federal Statistical Agencies and Recognized Statistical Units, 79 FR
71610 (Dec. 2, 2014), available at <a href="https://www.govinfo.gov/content/pkg/FR-2014-12-02/pdf/2014-28326.pdf">https://www.govinfo.gov/content/pkg/FR-2014-12-02/pdf/2014-28326.pdf</a>.
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After nearly a decade of the Federal Government operating under
Statistical Policy Directive No. 1, experience has clarified the
fundamental responsibilities and how to ensure RSAUs are able to carry
out those responsibilities. In consideration of that experience, the
proposed rule sought to address existing and emerging challenges and
issues to create a lasting and effective policy. In the proposed rule,
OMB acknowledged some overlap between the proposed rule and Statistical
Policy Directive No. 1. OMB also clarified the intent of the proposed
rule to address existing and emerging challenges and issues that are
not addressed by Statistical Policy Directive No. 1, to ensure that
RSAUs are able to meet their fundamental responsibilities. For example,
the proposed rule included provisions to ensure RSAUs have their own
websites and have an opportunity to participate in discussions with OMB
regarding their own budget requests. The proposed rule also included
compliance review requirements to promote compliance with the proposed
rule's provisions.
OMB requested comments on all aspects of the proposed rule, as well
as a number of specific issues. A total of 30 unique, in-scope public
comments were received, and all comments are viewable at <a href="https://www.regulations.gov/docket/OMB-2023-0015">https://www.regulations.gov/docket/OMB-2023-0015</a>. Commenters included private
citizens, professional associations relevant to Federal statistics,
former agency leadership, and academics. Many comments expressed
support for the proposed rule. Some specifically stated that, even if
OMB did not make any changes to the proposed rule, it would be a
significant improvement from the status quo.

II. Overview of the Final Rule

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

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

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

[[Page 82457]]

wherever possible. OMB received comments on the following proposed
definitions: accurate, credible, confidentiality, identifiable form,
parent agency, statistical law, and statistical products. In response
to these comments this rule finalizes some definitions as proposed,
revises some proposed terms, and includes newly defined terms that were
not included in the proposed rule in order to clarify the final
requirements of 5 CFR part 1321.
Accurate and Credible. One commenter noted that the proposed rule
uses the terms accurate and credible in a common language way and
suggested defining each of the terms in a way that is consistent with
more formal statistical concepts like unbiased, consistent, robust, and
precise. The proposed rule defined the term accurate in the same way
the term is defined in 44 U.S.C. 3563(d). OMB believes that it is
appropriate for the regulatory definition for accurate to be the same
as the statutory definition to minimize confusion and is finalizing the
definition as proposed. The proposed rule did not include a definition
for the term credible, and OMB believes adding a definition is
unnecessary at this time.
Confidential Statistical Data. The proposed rule defined
confidential statistical data as ``any information that is acquired for
exclusively statistical purposes and under an obligation not to
disclose the information to an unauthorized party.'' One commenter
recommended amending the definition of confidential statistical data by
replacing the word ``obligation'' with the term ``pledge'' or defining
the term ``obligation'' to ensure the term is inclusive of the term
``pledge.'' The commenter asserted without explanation that the term
``obligation'' is narrow and implies formality and thorough
documentation. OMB disagrees with this assertion and considers
``obligation'' to broadly cover a wide range of methods of obligating
the agency, including any law, ``pledge,'' interagency agreement,
memorandum of understanding, contract, or other agreement or
requirement to maintain confidentiality. This broader term is used in
the definition of confidentiality under 44 U.S.C. 3563, as established
in CIPSEA 2018. Notably, Congress used the term ``obligation'' rather
than ``pledge'' to define confidentiality when it expanded CIPSEA to
grant RSAUs greater access to data held by other agencies, and OMB
believes the term is intended to include data acquired through means
other than direct collection from respondents. At this time, OMB is not
defining ``obligation,'' but may consider defining this term in the
future.
Many agencies have confidential data that they use for statistical
purposes which is not considered confidential statistical data under
this regulation. For example, an evaluation office in an agency may
conduct a survey of program participants as part of a program
evaluation of an employment and training program for low-income adults.
In doing so, the agency may ensure participants' confidentiality, and
use those data solely for evidence-building \32\ purposes to assess the
effectiveness of the particular intervention. In this example, such
data are collected for ``research'' purposes, which can include
statistical activities but is not limited to exclusively statistical
purposes. Because these types of activities are not limited to
exclusively statistical purposes, the data are not considered
confidential statistical data and are not subject to the requirements
for confidential statistical data under this regulation.
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\32\ The term evidence as used here has the meaning given in
Appendix A of OMB M-19-23, which includes activities that extend
beyond statistical activities, such as policy analysis and
performance measurement. See Off. of Mgmt. & Budget, Exec. Off. of
the President, M-19-23, Phase 1 Implementation of the Foundations
for Evidence-Based Policymaking Act of 2018: Learning Agendas,
Personnel, and Planning Guidance app. A (July 10, 2019), available
at <a href="https://www.whitehouse.gov/wp-content/uploads/2019/07/M-19-23.pdf">https://www.whitehouse.gov/wp-content/uploads/2019/07/M-19-23.pdf</a>.
---------------------------------------------------------------------------

Identifiable form. In the proposed rule, the term identifiable form
is defined to mean ``any representation of information that permits the
identity of the individual or entity to whom the information applies to
be reasonably inferred by either direct or indirect means,'' as the
term is defined in 44 U.S.C. 3561. One commenter highlighted the need
for continued evolution in relation to how the term identifiable form
is defined. This commenter suggested clarifying to what degree
statistical agencies are obligated to protect against even partial
reidentification in order to shed light on ways in which Federal
statistical agencies can safely innovate with new methods as well as
modernize data governance practices. Although the final rule finalizes
the term identifiable form as proposed, OMB is of the view that
addressing the scope of obligation regarding protecting against
reidentification may be better aligned with other regulatory actions
related to the Evidence Act and will take this comment under advisement
for future rulemaking.
``Error''. One commenter stated that the proposed rule and preamble
use the term ``error'' often in a statistical sense and suggested
instead using the term ``statistical error'' and explaining the
difference between a statistical error and a mistake in order to
improve clarity for those not trained in statistics. The term ``error''
is used in the context of Sec. 1321.6(a)(2)(iii) of this final rule
and the related preamble discussion. OMB is of the view that the
preamble discussion of the term ``error'' provides the right amount of
context for readers to understand the intent and therefore is not
including a new definition for the term in this final rule.
Statistical Laws. OMB received a comment on the definition for
statistical laws. The proposed rule defines statistical laws to mean
``44 U.S.C. chapter 35, subchapter III and other laws pertaining to the
protection of information collected for statistical purposes as
designated by the Director of the Office of Management and Budget,'' as
the term is defined in 44 U.S.C. 3502. One commenter suggested adding
language to reflect that OMB should document which laws are statistical
laws. OMB has already documented some of the laws that are covered by
the term statistical laws in OMB M-19-23 \33\ and agrees generally with
the idea of documenting the statistical laws designated by the Director
of OMB. However, the definition of statistical laws does not need to be
updated to accomplish this proposal. OMB will consider ways to further
document the statistical laws designated by the Director of OMB
following finalization of this rule.
---------------------------------------------------------------------------

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

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

information dissemination products that are published or otherwise
made available for public use that describe, estimate, forecast, or
analyze the characteristics of groups, customarily without
identifying the persons, organizations, or individual data
observations that comprise such groups. Statistical products include
general purpose tabulations, analyses, projections, forecasts, or
other statistical reports. Statistical products include products of
any form, including both printed and electronic forms.

This definition is consistent with Statistical Policy Directive No.
4.\34\
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\34\ Off. of Mgmt. & Budget, Exec. Off. of the President,
Statistical Policy Directive No. 4: Release and Dissemination of
Statistical Products Produced by Federal Statistical Agencies, 73 FR
12,622, 12,625 (Mar. 7, 2008), available at <a href="https://www.govinfo.gov/content/pkg/FR-2008-03-07/pdf/E8-4570.pdf">https://www.govinfo.gov/content/pkg/FR-2008-03-07/pdf/E8-4570.pdf</a>.
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The commenter suggested revising definition of the term statistical
products to refer to ``any information

[[Page 82458]]

dissemination products, including public-use microdata files, that are
published or otherwise made available for public use that describe,
estimate, forecast, or analyze the characteristics of groups,
customarily without identifying the persons, organizations, or
individual data observations that comprise such groups. Statistical
products include (but are not limited to) general purpose tabulations,
analyses, projections, forecasts, or other statistical reports whether
published by the RSAU or through some other mechanism. Statistical
products include products of any form, including both printed and
electronic forms.'' OMB appreciates this comment but believes that it
is not necessary to add an ``including'' statement, and the ``or
through some other mechanism'' language would unnecessarily broaden the
definition and may lead to further confusion. The final rule therefore
defines statistical products as proposed.
Recognized Statistical Agency or Unit. In the proposed rule, the
term Recognized Statistical Agency or Unit was defined as ``an agency
or organizational unit of the executive branch whose activities are
predominantly the creation or collection, processing, dissemination,
use, storage, and disposition of data for statistical purposes, as
designated by the Director of the Office of Management and Budget under
44 U.S.C. 3562.'' In keeping with the intent to align definitions with
statute, where possible, the final rule modifies the definition of the
term Recognized Statistical Agency or Unit, to align with the
definition of ``statistical agency or unit'' in 44 U.S.C. 3561, which
is ``an agency or organizational unit of the executive branch whose
activities are predominately the collection, compilation, processing,
or analysis of information for statistical purposes, as designated by
the Director of the Office of Management and Budget under [44 U.S.C.
3562].''
Definitions for Organizational Units. To provide greater clarity
about which parts of an agency are given responsibilities under this
rule, the final rule adds definitions for component, core component,
and parent agency head and adjusts the definition of parent agency. The
final rule also replaces the term support function with support
component.
Federal agencies consist of many different components including
sub-agencies, offices, bureaus and units that support the mission of
the agency. Some components, such as RSAUs, perform programmatic
functions to achieve the agency's mission. Other components provide
support to programmatic components by providing services and resources
such as legal, human resources, communications, legislative affairs,
budget, information technology (IT), or procurement. Further, other
components provide non-programmatic agency-wide functions by advising
and collaborating with other components to achieve the agency's
mission, such as the Offices of the Chief Data Officer, the Evaluation
Officer, the Senior Agency Official for Privacy, the Chief Information
Officer, and the Chief Freedom of Information Act (FOIA) Officer.
The final rule adds the term component to mean a sub-agency,
office, unit, bureau, or other distinct entity when that entity is
within an agency that contains an RSAU. OMB notes that an RSAU may be
organizationally positioned within a component, such as a sub-agency
that may contain additional components.
The proposed rule included a definition for the term support
function to mean ``a core function of an agency that supports the
programmatic functions in achieving the agency's mission, including
legal, human resources, communications, legislative affairs, budget,
information technology (IT), or procurement functions.'' In the final
rule, the term support function is replaced with the term support
component and is defined as ``a component that supports the
programmatic functions in achieving the agency's mission, including
legal, human resources, communications, legislative affairs, budget,
information technology (IT), or procurement functions, but excludes any
component within an RSAU that provides these functions.''
A sub-agency component containing an RSAU may also contain
additional components, including components that provide support such
as legal, human resources, communications, legislative affairs, budget,
information technology (IT), or procurement services to the RSAU and
other components within the same sub-agency component. The change to
the definition of support component clarifies that the requirements in
this final rule are applicable regardless of where such component is
positioned within an agency, except for when these functions are
performed within the RSAU itself. The final rule definition for support
component also removes the term ``core function,'' from the definition,
which is separately defined in the newly defined term core component in
the final rule.
For clarity, the final rule adds a definition for the term core
component, which means ``any support component [as defined above] and
any component that performs any agency-wide function, such as the
office of the Chief Data Officer, the Evaluation Officer, the Senior
Agency Official for Privacy, the Chief Information Officer, the Chief
FOIA Officer, and similar functions.''
The proposed rule included the definition of parent agency to mean
``each agency and every organizational level within the agency,
including sub-agencies, offices, components, or units within the
agency, as well as the highest organizational level of such agency and
excluding the Recognized Statistical Agency or Unit in any agency with
more than one Recognized Statistical Agency or Unit, each Recognized
Statistical Agency or Unit is considered a parent agency to any other
Recognized Statistical Agency or Unit. This term is meant to apply to
the full organizational structure.'' Some commenters supported this
proposed definition while other commenters recommended revisions.
Commenters supporting the proposed definition noted its broad scope,
which includes all levels of the organization including the highest
level. Another commenter stated that the proposed definition of parent
agency should be kept because the RSAU must have support from all
components of the parent agency, including the head of the agency,
regardless of where the RSAU sits in the parent agency or its direct
line of reporting, to ensure that the RSAU has the appropriate
authorities and resources to conduct its fundamental responsibilities.
In contrast, other commenters stated that the proposed definition
for parent agency was confusing, a deterrent to the stated objectives,
and that it should be redefined. Commenters who did not support the
proposed definition interpreted the definition for parent agency, as
proposed, more narrowly, describing it as only including the
organization where the RSAU is immediately located within the agency's
organizational structure and offered several reasons to provide a
broader definition; such as the RSAU's duty to serve the data needs of
the entire agency. These commenters noted that the lack of congruent
priorities between the RSAU and the office, unit, or sub-agency in
which it is positioned often leads to budget and staffing issues which
in turn significantly hurt the ability of the RSAU to collect and
disseminate needed and timely data for the agency.
OMB agrees with commenters both in support and not in support of
the proposed definition that the definition of parent agency should be
broad

[[Page 82459]]

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

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

C. Sec. 1321.3--General Provisions

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

[[Page 82460]]

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

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

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

[[Page 82461]]

questions about a given statistic or statistical method would go to an
entity that does not have professional knowledge and understanding of
said statistic or method. These commenters and several others suggested
that the requirement related to branding apply beyond websites and
include all reports and products produced by the RSAU. OMB agrees and
accepts these comments. OMB has revised the final rule at Sec.
1321.4(e)(3) to require RSAUs to include clear branding with the name
of the RSAU on all websites, statistical products, and press releases.
Several commenters suggested that RSAU branding as well as the
development and maintenance of RSAU websites that was proposed at Sec.
1321.4(b) be coordinated through the Office of the Chief Statistician
of the United States. One commenter provided several examples of ways
OMB, through the Office of the Chief Statistician of the United States,
could support such efforts, such as a feeder or indexing website for
all statistical agencies, by coordinating website design choices across
agencies to make the system easier to use, or establishing
interoperability standards or a single format for scientific citations.
The commenter cited reduced costs and more coordination to show
relationships between statistical agencies as reasons for implementing
such efforts. Several commenters also identified a value in coordinated
branding across RSAUs. One commenter stated that coordinated branding
could strengthen the shared independence of RSAUs and therefore
engender more public trust.
OMB generally agrees the Office of the Chief Statistician of the
United States has an important coordination role across the Federal
statistical system. Indeed, in early 2023, <a href="http://StatsPolicy.gov">StatsPolicy.gov</a> was launched
to provide a centralized location for finding information about Federal
statistical system. However, at this time, OMB is of the view that
RSAUs should maintain their own websites rather than having a
centralized one that is managed by OMB because each RSAU has different
policies, rules, and statutes to adhere to. Therefore, the final rule
at Sec. 1321.4(e)(2) continues to require that the RSAU maintain a
website clearly branded with the name of the RSAU to provide
information to providers, data users, and the general public. However,
OMB does agree with commenters regarding the benefit in coordinated
branding across the Federal statistical system and therefore the final
rule at Sec. 1321.6(e)(1) requires RSAUs to participate in the
development of coordinated and complementary system-wide branding in
collaboration with the Chief Statistician of the United States. This
branding does not supplant the individual branding for each RSAU. This
branding will complement individual branding to promote a more
cohesive, seamless statistical system, in support of achieving the
ICSP's vision to operate more seamlessly as a system. This branding
should appear on relevant websites and products, including on
<a href="http://StatsPolicy.gov">StatsPolicy.gov</a>.
The proposed rule at Sec. 1321.4(b) required that each RSAU
``maintain'' a website. One commenter suggested the use of ``have
control of'' rather than the word ``maintain.'' OMB appreciates this
comment but does not think that it is necessary to make this change.
The proposed rule at Sec. 1321.4(b)(1)(i) through (iii) and this rule
as finalized at Sec. 1321.4(f)(1) through (3), provides detailed
requirements to parent agencies that are intended to ensure that RSAUs
maintain control of their websites. More specifically, as finalized at
Sec. 1321.4(f)(1) through (3), parent agencies are required to ensure
that each RSAU has (1) sufficient resources to develop and maintain its
website; (2) the necessary authority and autonomy to determine the
content, functionality, appearance, and layout of its website; and (3)
the capacity to directly update the content, functionality, appearance,
and layout of the website without reliance on any parent agency
official unless the official is directly assigned to the RSAU. OMB
believes that this detail provides the adequate direction to both RSAUs
and parent agencies regarding the RSAU's responsibilities and
authorities regarding its website.
As discussed elsewhere in this rule, several non-substantive
changes were made to this section of the rule to improve clarity and
readability. The requirements of proposed Sec. 1321.4(b) are
reorganized into Sec. 1321.4(e) and (f) to clarify the
responsibilities for RSAUs and those of parent agencies regarding
websites and branding.
At Sec. 1321.4(c), the proposed rule outlined requirements related
to the appropriate resources the heads of RSAUs should have with
respect to their statistical products and statistical information. The
final rule separates these requirements into two parts: (1)
requirements related to budget formulation, which are finalized at
Sec. 1321.4(g) and (2) requirements related to RSAU capacity to carry
out their fundamental responsibilities, which are finalized at Sec.
1321.4(h). Both paragraphs include non-substantive changes for clarity
and readability. The final rule streamlines language at Sec. 1321.4(g)
to clarify the importance of each RSAU having the appropriate resources
to carry out the fundamental responsibilities. The provisions that were
proposed at Sec. 1321.4(c)(1) through (3) are being finalized at Sec.
1321.4(g) and (h)(1) through (3) with changes described in this
preamble to emphasize the role of the parent agency in the budget
formulation process and to further encourage collaboration and
communication between the RSAU and the parent agency.
OMB received several comments regarding proposed Sec. 1321.4(c)(1)
through (3). With regard to these provisions, one commenter supported
RSAUs having their own budgets within their parent agency, and
encouraged OMB also to require cross-cut budgets that demonstrate how
statistical agencies work together and a Statistical Programs Budget to
help communicate needed increases in the Chief Statistician's budget.
Another commenter cautioned that the provision to require separate RSAU
budgets may have an adverse effect by presenting unintended limitations
on an RSAU's ability to leverage budget authorities effectively, which
may limit the Federal statistical system's ability to grow and innovate
and prevent smaller units from seeking recognition as a statistical
agency or unit if they are unable to bear the additional administrative
burden. Another commenter suggested promoting transparency and
completeness in budget requests by requiring RSAUs to include funding
sources such as set-asides in their budget requests and suggested
further that if any agency's staffing level is determined through a
separate agency account, the staffing levels and the requested changes
for the RSAU be included as part of the budget request.
OMB appreciates these comments and has made changes to the final
rule to clarify the requirements as follows: OMB finalizes Sec.
1321.4(c)(1) of the proposed rule at Sec. 1321.4(g)(1)-(2) of the
final rule. Paragraph (g)(1) clarifies that, within the parent agency's
budget submission, the RSAU's budget request should be presented
separately. The RSAUs' budget requests should clearly present requests
that would support cross-agency statistical priorities and investments,
such as for implementation of the Standard Application Process required
under 44 U.S.C. 3583 and related guidance. In the cases where RSAUs
also receive funds through other sources, such as set-asides, such
funds and their sources should be clearly stated with the budget
request. Further, if an agency's staffing level is determined through a
separate agency account, the staffing levels and the

[[Page 82462]]

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

[[Page 82463]]

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

[[Page 82464]]

E. Sec. 1321.5--Relevance and Timeliness

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

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

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

F. Sec. 1321.6--Credibility and Accuracy

The second fundamental responsibility of RSAUs is to conduct
credible and accurate statistical activities. Establishing credibility
about the accuracy of the products produced and the scientifically
rigorous processes employed to create them is fundamental to the role
of a trusted provider of evidence. The more accurate evidence is, the
greater value it has to the decision maker who uses it.
Any statistical product may contain some level of inaccuracy, and
statistics always measure underlying concepts or conditions with
varying levels of uncertainty. To confidently act on the evidence, data
users need to trust that the accuracy of the statistical products is
communicated in a forthright, explicit, and transparent manner. In
addition, providing public documentation about the methodologies and
processes used by the RSAU in developing the statistical product
promotes credibility in its methods and processes. Section 1321.6
describes several actions that RSAUs must take to build and protect
their credibility so that they can fill this role effectively.
OMB modified some provisions in Sec. 1321.6 in response to public
comments. One comment stated general support for this section,
specifically highlighting the inclusion of proposed Sec. 1321.6(b)(1)
and suggested that

[[Page 82465]]

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

[Permit] Delegate to Recognized Statistical Agencies and Units
the responsibility to determine [if] whether statistical
disseminations, including related statistical press releases or
publicity materials not containing policy pronouncements, [are to]
should be disseminated by or through a parent agency and, if so,
ensure that statistical information attributable to the Recognized
Statistical Agency or Unit disseminated by or through a parent
agency is not altered in any way not authorized by the head of such
Recognized Statistical Agency or Unit.

OMB accepts some of the editorial updates suggested but does not
accept the proposed update from ``permit'' to ``delegate'' as suggested
because OMB does not believe delegation is appropriate or necessary in
this situation.
The commenter further suggested the following revision to Sec.
1321.6(b)(4):

Allow Recognized Statistical Agencies and Units to submit
articles that do not address policy, management, or budget issues to
refereed journals, present at professional conferences, and engage
in peer review activities without requiring review or approval from
outside of the Recognized Statistical Agency or Unit, unless such
approval is required by law;

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

G. Sec. 1321.7--Objectivity

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

[[Page 82466]]

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

H. Sec. 1321.8--Confidentiality

The fourth fundamental responsibility of RSAUs is to protect the
trust of information providers by ensuring the confidentiality and
exclusive statistical use of their data. Data providers rely upon RSAUs
to honor their commitments and statutory requirements to protect the
confidentiality of data providers' information and to ensure that the
confidential statistical data are used exclusively for statistical
purposes.
The Federal statistical system is largely dependent on the
willingness of individuals; businesses; and Federal, State, local,
territorial, and Tribal governments to provide and allow their data to
be used for statistical purposes. For example, even the perception that
agencies responsible for regulating industries have unauthorized access
to data provided to RSAUs may have a significant impact on survey
response rates or on the willingness of a private sector entity (such
as a private data warehouse) to enter into a contract to provide data
in bulk to an RSAU and thereby possibly degrade data quality for those
RSAUs and trust from the public. Statistical Policy Directive No. 1
highlights the importance of protecting the confidentiality of
responses because it ``reduces public confusion, uncertainty, and
concern about the treatment and use of reported information'' and
articulates the importance of the ``organizational climate'' in which
RSAUs do their work, which builds and sustains the trust of the data
providers.\36\
---------------------------------------------------------------------------

\36\ Off. of Mgmt. & Budget, Exec. Off. of the President,
Statistical Policy Directive No. 1: Fundamental Responsibilities of
Federal Statistical Agencies and Recognized Statistical Units, 79 FR
71610 (Dec. 2, 2014), available at <a href="https://www.govinfo.gov/content/pkg/FR-2014-12-02/pdf/2014-28326.pdf">https://www.govinfo.gov/content/pkg/FR-2014-12-02/pdf/2014-28326.pdf</a>.
---------------------------------------------------------------------------

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

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

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

[[Page 82467]]

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

I. Sec. 1321.9--Compliance Review

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

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

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

[[Page 82468]]

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

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

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

III. Expected Impact of This Rule

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

Affected Agencies and Current Landscape

This final rule has specific requirements for RSAUs, parent
agencies, and core components, as defined in this final rule.
* Agencies: Federal agencies vary widely in size and organizational
structure.\40\
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\40\ For example, the Department of Education has approximately
3,900 full time employees and the Department of Veterans Affairs has
approximately 342,000 full time employees. Also, there are parent
agencies that are smaller than the Department of Education. See Off.
of Pers. Mgmt., Sizing Up the Executive Branch, Fiscal Year 2017
(Feb. 2018), available at <a href="https://www.opm.gov/policy-data-oversight/data-analysis-documentation/federal-employment-reports/reports-publications/sizing-up-the-executive-branch-2016.pdf">https://www.opm.gov/policy-data-oversight/data-analysis-documentation/federal-employment-reports/reports-publications/sizing-up-the-executive-branch-2016.pdf</a>.
---------------------------------------------------------------------------

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

[[Page 82469]]

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

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

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

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

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

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

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

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

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

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

Estimated Cost of Agencies Reviewing This Rule

This final rule will require RSAUs and parent agencies to first
review this rule. This step includes reading the full rule and taking
brief notes on possible intersections with agency rules, policies, and
practices.
It is likely that this review will be performed by GS-14 Step 5 or
equivalent staff within RSAUs and parent agencies, as this review will
require a deep understanding of the parent agency's rules, policies,
and practices to understand how the agency's rules, policies, and
practices intersect with this final rule. This initial review of this
final rule will inform the next steps of reviewing and making revisions
to any relevant agency rules, policies, and practices. It is also
likely that the staff will be based in the Washington, DC pay region,
as many of the staff are likely to work for the headquarters locations.
The hourly rate for a GS-14 Step 5 employee in the Washington, DC
region per the Office of Personnel Management for calendar year 2024 is
$75.70. OMB assumes that the total dollar value of labor, which
includes wages, benefits, and overhead, is equal to 200 percent of the
wage rate, resulting in a value of $151.40 per hour.
OMB expects that, for the parent agencies, a central office would
do the first review for all of its units, except RSAUs, to identify
which parts of the rule would apply to the different units. OMB expects
this to be resource intensive for the central office, but OMB expects
review of the rule by units will be less intensive because of the work
done by the central office to target the units' review.
Because of this tiered review process, review of this rule is
expected to take different lengths of time for different agencies. For
each of the 16 RSAUs, OMB expects this review to take on average 16
hours. This means it would cost approximately $39,000 across all 16
RSAUs.
OMB expects it will take the central office for the 12 parent
agencies on average 80 hours to do this review and identify relevant
parts of the rule for its units. This means it would cost approximately
$146,000 across the 12 agencies that contain an RSAU.
Following the central office review, OMB expects review for the 32
organization levels in direct reporting structure and 120 core
components to take on average 24 hours for each. This means it would
cost approximately $554,000 across both of these types of entities.
OMB does not expect agencies without an RSAU to review this rule.
Therefore, across all RSAUs and parent agencies, the Governmentwide
cost for reviewing this rule would be approximately $739,000.

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

[[Page 82470]]

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

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

After review of this rule, parent agencies will then review their
own rules, policies, and practices to determine necessary action. This
rule does not require RSAUs or agencies that do not fall within the
definition of a parent agency to take this step. This step may require
engagement across the agency, including with staff of any RSAUs in the
organization.
Review of the rules, policies, and practices will vary across
parent agencies, depending on the number of rules, policies, and
practices issued by the agency.
OMB expects parent agencies may have different costs for reviewing
their rules, policies, and practices. OMB is estimating the review time
on a per rule, policy, or practice basis. Similar to the prior step of
reviewing the final rule, this step to review the parent agency's own
rules, policies, and practices includes reading of the full rule,
policy, or practice and taking brief notes on possible intersections
with this final rule. It is likely that this review will be performed
by GS-14 Step 5 or equivalent staff within the agencies, as this review
will require a deep understanding of the parent agency's own rules,
policies, and practices to understand the intersections with this final
rule to inform the next step of making revisions to those rules,
policies, and practices. It is also likely that the staff will be based
in the Washington, DC pay region, as many of the staff are likely to
work for the agency headquarters locations. The hourly rate for a GS-14
Step 5 employee in the Washington, DC region per the Office of
Personnel Management for calendar year 2024 is $75.70. OMB assumes that
the total dollar value of labor, which includes wages, benefits, and
overhead, is equal to 200 percent of the wage rate, resulting in a
value of $151.40 per hour.
For the parent agencies, OMB estimates it will take on average 16
hours to review each rule, policy, or practice and determine necessary
action. OMB expects it to take this much time for the parent agencies
because they are likely to have rules, policies, and practices that
intersect with this rule. OMB expects on average that the 12 central
offices of parent agencies will have 5 items to review, the 32
organizational levels in direct reporting structure will have 20 items
to review, and the 120 core components will have 5 items to review.
Therefore, OMB estimates that across all central offices of parent
agencies, it will cost approximately $146,000 for those entities to
review their rules, policies, and practices and determine necessary
action. OMB estimates that it will cost approximately $1,551,000 across
all 32 organizational levels in the direct reporting structure and that
it will cost $1,454,000 across all 120 core components to review their
rules, policies, and practices and determine necessary action. Across
all entities, OMB estimates it will cost approximately $3,151,000.

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

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

Where determined necessary after review of this rule and the
agencies own rules, policies, and practices, parent agencies will need
to revise rules, policies, and practices because of this rule. This
rule does not require RSAUs or agencies that do not fall within the
definition of a parent agency agencies to take this step. OMB expects
that revisions will range from relatively small and technical to
substantive and resource intensive, which means that the time required
to draft the revisions and execute the revisions to issue a final
update will vary.
The following provides the analysis for expected costs for the
drafting of the revisions to rules, policies, and practices. For this
analysis, OMB assumes the drafting of revised rules, policies, and
practices will be performed by GS-14 Step 5 or equivalent staff within
the agencies, as this drafting will require a deep understanding of the
agencies' own rules, policies, and practices and their intersections
with this final rule to appropriately revise those rules, policies, and
practices. It is also likely that the staff will be based in the
Washington, DC pay region, as many of the staff are likely to work for
the agency headquarters locations. The hourly rate for a GS-14 Step 5
employee in the Washington, DC region per the Office of Personnel
Management for calendar year 2024 is $75.70. OMB assumes that the total
dollar value of labor, which includes wages, benefits,

[[Page 82471]]

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

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

Next, the parent agencies will need to implement the draft
revisions, which includes steps such as gaining approval from the
appropriate authorities within the parent agencies and issuing, if
relevant, publicly available updates of the affected rules, policies,
and practices. OMB expects the majority of revisions (~90 percent) to
be to policies and practices and for it to be rare that a rule require
revision (~10 percent). OMB also expects that finalizing revised
policies and practices requires far less time (~80 hours per) than
finalizing rules (~220 hours per). Taken together, OMB estimates on
average that finalizing the revisions will take 100 hours per rule,
policy, or practice. For this analysis, OMB assumes the same amount of
time for all agencies because procedures to finalize revisions to
rules, policies, and practices should be relatively consistent across
parent agencies. To account for the differing levels of engagement
within parent agencies to approve the final revisions to rules,
policies, and practices, OMB is using an average hourly rate equivalent
for a Senior Executive Service Level IV employee based in Washington,
DC which is $92.26 for 2024. OMB assumes that the total dollar value of
labor, which includes wages, benefits, and overhead, is equal to 200
percent of the wage rate, resulting in a value of $184.52 per hour.
Using the number of rules, policies, and practices that require
revision from the previous analysis, the costs are as follows:
Across all of the 12 central offices of parent agencies, OMB
estimates the costs to be approximately $665,000. Across all of the 32
organizational levels within the agency that are in the direct
reporting structure for the RSAU, OMB estimates the costs approximately
$8,857,000.
Across all of the 120 core components, OMB expects the costs to be
approximately $6,643,000. In sum, OMB expects these costs to total
approximately $16,165,000.

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

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

Estimated Costs of the Options Proposed for the Compliance Review

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

[[Page 82472]]

Committee would include representatives from 8 agencies. For this
analysis, OMB is using an average hourly rate equivalent for a Senior
Executive Service Level IV employee based in Washington, DC which is
$92.26 for 2024. OMB assumes that the total dollar value of labor,
which includes wages, benefits, and overhead, is equal to 200 percent
of the wage rate, resulting in a value of $184.52 per hour. OMB
estimates that each member would spend on average about 48 hours per
year dedicated to this work. Therefore, OMB estimates that this step
will cost approximately $71,000 across all 8 agencies engaged in
developing the procedures and materials.

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

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

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

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

Regulatory Alternatives

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

Benefits

This final rule promotes trust in the work of RSAUs, which
ultimately promotes trust in the data used by policymakers to inform
their decisions. Any loss of trust in the accuracy, objectivity, or
integrity of the Federal statistical system and its statistical
products has the potential to cause uncertainty about the validity of
measures the Nation uses to monitor and assess its performance,
progress, and needs, as well as undermine the public's confidence in
the information released by the Government. In addition, this final
rule provides transparency and clarity to parent agencies and the
public alike about how best a parent agency can enable, support, and
facilitate the work of RSAUs.
Commenters noted in particular that maintaining trust in RSAUs has
the benefits of helping to ``maintain global

[[Page 82473]]

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

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

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

G. Regulatory Procedures

Executive Order 12866, ``Regulatory Planning and Review,'' Executive
Order 13563, ``Improving Rule and Regulatory Review,'' and Executive
Order 14094, ``Modernizing Regulatory Review''
This final rule is a significant regulatory action under E.O.
12866, as amended by Executive Order 14094. Executive Order 12866 was
reaffirmed by Executive Order 13563 and reaffirmed and amended by
Executive Order 14094. Consistent with Executive Order 14094, OMB
solicited and considered input from interested parties through a
variety of means.
``Unfunded Mandates Reform Act'' (2 U.S.C. 1501-1571)
This final rule is not subject to the Unfunded Mandates Reform Act
because it does not contain a Federal mandate that may result in the
expenditure by State, local, and Tribal governments, in the aggregate,
or by the private sector, of $100 million or more in any one year.
``Regulatory Flexibility Act'' (5 U.S.C. 601-612)
The Director of the Office of Management and Budget has certified
that this final rule is not subject to the Regulatory Flexibility Act
because it does not have a significant economic impact on a substantial
number of small entities. The final rule implements the fundamental
responsibilities for statistical agencies and units and requires other
Federal agencies to support, enable, and facilitate statistical
agencies and units in meeting their fundamental responsibilities. Thus,
the final rule would have no direct effect on non-governmental
entities, including small businesses.
``Paperwork Reduction Act'' (44 U.S.C. 3501-3520)
This final rule does not impose reporting or recordkeeping
requirements under the Paperwork Reduction Act of 1995 (PRA). However,
if in accordance with any of the requirements finalized in this rule an
agency were to determine a need to implement a reporting or
recordkeeping requirement subject to the PRA, the agency should comply
with the requirements of the PRA.
Executive Order 13132, ``Federalism''
Executive Order 13132 establishes certain requirements that an
agency must meet when it promulgates a rule that imposes substantial
direct compliance costs on State and local governments, preempts state
law, or otherwise has federalism implications. This final rule will not
impose substantial direct compliance costs on State or local
governments, or otherwise have federalism implications.

List of Subjects in 5 CFR Part 1321

Statistics.

0
For the reasons stated in the preamble, the Office of Management and
Budget amends 5 CFR chapter III, subchapter B, by adding part 1321 to
read as follows:

PART 1321--RESPONSIBILITIES OF RECOGNIZED STATISTICAL AGENCIES AND
UNITS

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

Authority: 44 U.S.C. 3563; 44 U.S.C. 3504(e); 31 U.S.C.
1104(d).

[[Page 82474]]

Sec. 1321.1 Purpose.

This part is issued under the authority of the Budget and
Accounting Procedures Act of 1950; the Paperwork Reduction Act of 1995;
the Information Quality Act; title III of the Foundations for Evidence-
Based Policymaking Act of 2018 (Evidence Act), also known as the
Confidential Information Protection and Statistical Efficiency Act of
2018 (CIPSEA 2018); and other provisions of the Evidence Act. The
Office of Management and Budget (OMB), in its role as coordinator of
the Federal statistical system under the Paperwork Reduction Act, is
required to ensure the efficiency and effectiveness of the system, as
well as the integrity, objectivity, impartiality, utility, and
confidentiality of information collected or used for statistical
purposes. This part is issued to meet the requirements under 44 U.S.C.
3563(c) and to strengthen and support the quality of Federal
statistical information.

Sec. 1321.2 Definitions.

The following terms, as used in this part, are defined as follows:
Accurate, when used with respect to statistical activities, means
statistics are correct and consistently match the events and trends
being measured.
Agency means any entity that falls within the definition of the
term executive agency, as defined in 31 U.S.C. 102, or agency, as
defined in 44 U.S.C. 3502.
Chief Statistician of the United States means the Chief
Statistician appointed under 44 U.S.C. 3504(e)(7).
Component means a sub-agency, office, unit, bureau, or other
distinct entity when that entity is within an agency that contains a
Recognized Statistical Agency or Unit.
Confidential statistical data means any information that is
acquired for exclusively statistical purposes and under an obligation
not to disclose the information to an unauthorized party.
Confidentiality means a quality or condition accorded to
information as an obligation not to disclose that information to an
unauthorized party.
Core component means any support component and any component that
performs any agency-wide function, such as the offices of Chief Data
Officer, Evaluation Officer, Senior Agency Official for Privacy, Chief
Information Officer, Chief FOIA Officer, and similar functions.
Data users means individuals or groups of individuals who use
Federal statistical information.
Dissemination means the government-initiated distribution of
information to a nongovernment entity, including the public. The term
dissemination does not include distribution limited to Federal
Government employees, intra-agency or interagency use or sharing of
Federal information, or responses to requests for agency records under
the Freedom of Information Act (5 U.S.C. 552) or the Privacy Act (5
U.S.C. 552a).
Equitable access means that statistical products are disseminated
in a manner that does not privilege any one person or group over
another, with exceptions only as provided in statutes, rules, or Office
of Management and Budget-promulgated policies or guidance.
Fundamental responsibilities means the responsibilities of
Recognized Statistical Agencies and Units listed in 44 U.S.C.
3563(a)(1).
Identifiable form means any representation of information that
permits the identity of the individual or entity to whom the
information applies to be reasonably inferred by either direct or
indirect means.
Information means any communication or representation of knowledge
such as facts or data, in any medium or form, including textual,
numerical, graphic, cartographic, narrative, or audiovisual forms. This
definition includes information that an agency disseminates from a web
page, but does not include the provision of hyperlinks to information
that others disseminate. This definition does not include opinions,
where the agency's presentation makes it clear that what is being
offered is someone's opinion rather than fact or the agency's views.
Information provider denotes members of the public; other agencies
of the Federal Government; and organizations outside of the Federal
Government, such as State, local, territorial, and Tribal governments,
businesses, and other organizations or entities, that provide
information to a Recognized Statistical Agency or Unit.
Information system means a discrete set of information resources
organized for the collection, processing, maintenance, use, sharing,
dissemination, or disposition of information.
Integrity, when used with respect to statistical information,
refers to the quality of information that is protected against improper
modification or destruction, and includes ensuring information
nonrepudiation and authenticity.
Nonstatistical purpose--
(1) Means the use of data in identifiable form for any purpose that
is not a statistical purpose, including any administrative, regulatory,
law enforcement, adjudicatory, or other purpose that affects the
rights, privileges, or benefits of a particular identifiable
respondent; and
(2) Includes the disclosure under 5 U.S.C. 552 of data that are
acquired for exclusively statistical purposes under an obligation of
confidentiality.
Objective, when used with respect to statistical activities, means
accurate, clear, complete, and unbiased.
Parent agency means the following components in an agency that
contains a Recognized Statistical Agency or Unit: the parent agency
head, each organizational level within the agency under which the
Recognized Statistical Agency or Unit is positioned, and each core
component.
Parent agency head means the head of the highest organizational
level of an agency that contains a Recognized Statistical Agency or
Unit.
Recognized Statistical Agency or Unit means an agency or
organizational unit of the executive branch whose activities are
predominantly the collection, compilation, processing, or analysis of
information for statistical purposes, as designated by the Director of
the Office of Management and Budget under 44 U.S.C. 3562.
Reference date is the time period to which data refer.
Relevant, when used with respect to statistical information, means
processes, activities, and other such matters likely to be useful to
policymakers and public and private sector data users.
Respondent means a person who, or organization that, is requested
or required to supply information to an agency, is the subject of
information requested or required to be supplied to an agency or
provides that information to an agency.
Statistical activities means the collection, compilation,
processing, or analysis of data for the purpose of describing or making
estimates concerning the whole of, or relevant groups or components
within, the economy, society, or the natural environment and includes
the development of methods or resources that support those activities,
such as measurement methods, models, statistical classifications, or
sampling frames.
Statistical information means information produced from statistical
activities.
Statistical laws means 44 U.S.C. chapter 35, subchapter III, and
other laws pertaining to the protection of information collected for
statistical purposes as designated by the Director of the Office of
Management and Budget.
Statistical press release is an announcement to media of a
statistical

[[Page 82475]]

product release that contains the title, subject matter, release date,
internet address of, and other available information about the
statistical product, as well as the name of the Recognized Statistical
Agency or Unit issuing the product and may include any executive
summary information or key findings section as shown in the statistical
product. A statistical press release is one that provides a policy
neutral description of the data and does not include policy
pronouncements.
Statistical products means information dissemination products that
are published or otherwise made available for public use that describe,
estimate, forecast, or analyze the characteristics of groups,
customarily without identifying the persons or organizations that
comprise such groups or individual data observations with respect to
those persons or organizations. Statistical products include general-
purpose tabulations, analyses, projections, forecasts, or other
statistical reports. Statistical products include products of any form,
including both printed and electronic forms.
Statistical purpose--
(1) Means the description, estimation, or analysis of the
characteristics of groups, without identifying the individuals or
organizations that comprise such groups; and
(2) Includes the development, implementation, or maintenance of
methods, technical or administrative procedures, or information
resources that support the purposes described in paragraph (1) of this
definition.
Support component means a component that supports the programmatic
functions in achieving the agency's mission, including legal, human
resources, communications, legislative affairs, budget, information
technology (IT), or procurement functions, but excludes any component
of a Recognized Statistical Agency or Unit.
Timeliness or timely refers to the dissemination of statistical
products and information at their scheduled release time or, in
instances where there is no scheduled release time, the dissemination
of statistical products or information as close to the event being
measured as possible.
Transparent means characterized by providing as much information
about the quality of and methods used to produce statistical products
as practicable without compromising confidentiality.

Sec. 1321.3 General provisions.

(a) Complementary application. This part should be read as
complementary to existing Office of Management and Budget guidance or
Statistical Policy Directives to the extent they are consistent.
Effective December 10, 2024, this part supersedes any guidance or
Statistical Policy Directives to the extent that they conflict.
(b) Responsibility of Recognized Statistical Agency or Unit.
Responsibilities assigned to a Recognized Statistical Agency or Unit
under this part are ultimately the responsibility of the head of the
Recognized Statistical Agency or Unit, or their designee, unless
otherwise specified in this part.
(c) Responsibility of parent agency. Responsibilities assigned to a
parent agency under this part are ultimately the responsibility of
parent agency head, or their designee, unless otherwise specified in
this part.
(d) Deviations. To the extent that a parent agency or Recognized
Statistical Agency or Unit determines that it is either appropriate or
necessary to deviate from a standard parent agency-level process to
ensure compliance with this part, the parent agency and the Recognized
Statistical Agency or Unit must discuss and determine how to address
such deviation, including determining where responsibility lies for
compliance with other applicable laws and rules.
(e) Direct working relationships. When an agency or component has a
direct working relationship with a Recognized Statistical Agency or
Unit, the agency or component must uphold the responsibilities of a
parent agency under this part, to the extent that a responsibility
applies.
(f) Consultation. In implementing statistical laws, this part, or
other related statistical policies, the head of a Recognized
Statistical Agency or Unit should consult with the Chief Statistician
of the United States as necessary.

Sec. 1321.4 Supporting the four fundamental responsibilities.

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

[[Page 82476]]

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

[[Page 82477]]

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

Sec. 1321.5 Relevance and timeliness.

(a) Responsibilities. Each Recognized Statistical Agency or Unit
must uphold the responsibility to produce and disseminate relevant and
timely statistical information by carrying out its requirements under
this section. Each parent agency must enable, support, and facilitate
the Recognized Statistical Agency or Unit in carrying out its
responsibility to produce and disseminate relevant and timely
statistical information. Recognized Statistical Agencies and Units must
determine:
(1) What statistical products to disseminate, including in the
context of the Standard Application Process required under 44 U.S.C.
3583;
(2) The content of its statistical products; and
(3) The timing of disseminations.
(b) Relevance consultations. Each Recognized Statistical Agency or
Unit must continually seek to understand the diverse interests and
needs of policymakers, current and future data users, and the public to
ensure statistical products are relevant.
(1) Each Recognized Statistical Agency and Unit must:
(i) Consult with parent agency officials to assess and seek
improvements to the relevance of its statistical products to users'
needs and to inform what statistical products to produce and
disseminate;
(ii) Consult, as the head of the Recognized Statistical Agency or
Unit determines is appropriate, with other data users, including
Congress, other agencies, and State, local, territorial, or Tribal
governments, to assess and seek improvements to the relevance of its
statistical products to users' needs and to inform what statistical
products to produce and disseminate;
(iii) Be knowledgeable about programs and policies relating to its
subject domains;
(iv) Coordinate and communicate across agencies when planning
information collections and dissemination activities; and
(v) Keep abreast of interests and analytical goals of data users.
(2) Each parent agency must:
(i) Share relevant policy and program needs with sufficient detail
to allow the Recognized Statistical Agency or Unit to be responsive to
those needs;
(ii) Consult with the Recognized Statistical Agency or Unit as part
of the stakeholder engagement process when developing the agency
evidence-building plan (learning agenda) required under 5 U.S.C. 312,
in alignment with Office of Management and Budget guidance; and
(iii) Allow the Recognized Statistical Agency or Unit to establish,
determine the membership of, and manage advisory groups or other means
of systematic stakeholder engagement, in accordance with applicable
law.
(c) Maximizing timeliness. (1) Each Recognized Statistical Agency
or Unit must maximize the timeliness of statistical products by
minimizing the time interval between the release of statistical
products and the reference date to the extent practicable, considering
available resources and the effects on the other quality dimensions of
the information products, and consult with the parent agency regarding
the availability of relevant support components required to support the
release of statistical products.
(2) Each parent agency must support efforts to maximize timeliness
of statistical products by ensuring the Recognized Statistical Agency
or Unit is aware of any emerging needs and providing necessary
resources to respond to such emerging need.
(3) In any instance where a parent agency observes that a
Recognized Statistical Agency or Unit is not upholding the timeliness
of statistical products, consistent with paragraph (c)(1) of this
section, the parent agency,

[[Page 82478]]

after consultation with the head of the Recognized Agency or Unit, head
must notify the Chief Statistician of the United States.
(d) Schedule of release dates. Each Recognized Statistical Agency
or Unit must publicly announce and adhere to a schedule for the release
of statistical products.
(1) Each Recognized Statistical Agency or Unit must:
(i) On the website required under Sec. 1321.4, publish a schedule
containing the date of release of its regular and recurring statistical
products for the next calendar year prior to the beginning of that
calendar year;
(ii) Publish the date for release of non-regular or non-recurring
statistical products on the schedule required under paragraph (d)(1)(i)
of this section as soon as the date is established;
(iii) Designate a point of contact responsible for information
about the release schedule and make its contact information readily
available to the public on the website required under Sec. 1321.4;
(iv) Minimize changes to the release schedule after it has been
published to accommodate only special, unforeseen circumstances; and
(v) If the release date of a statistical product is changed after
the schedule has been published, publicly announce the change to the
schedule as soon as possible, provide a detailed explanation for such
change and, for regular and recurring statistical products, notify the
Chief Statistician of the United States.
(2) Each parent agency must support adherence to the published
schedule by:
(i) Communicating any parent agency activities or processes that
could impact the timing of dissemination activities to the Recognized
Statistical Agency or Unit before the schedule is published; and
(ii) If involved in dissemination activities, preparing for
dissemination of statistical products in accordance with the published
schedule.

Sec. 1321.6 Credibility and accuracy.

(a) Responsibilities of each Recognized Statistical Agency or Unit.
Each Recognized Statistical Agency or Unit must uphold the
responsibility to conduct credible and accurate statistical activities
by carrying out its duties under this paragraph (a). The Recognized
Statistical Agency or Unit must determine the appropriate methods,
processes, policies, and general conduct of its statistical activities.
Each Recognized Statistical Agency or Unit must:
(1) Maintain publicly available policies and standards on the
quality of the information used by the Recognized Statistical Agency or
Unit and the statistical products it disseminates, by:
(i) Developing and making available to the public policies and
standards to ensure the credibility and accuracy of all statistical
products and data disseminated by the Recognized Statistical Agency or
Unit;
(ii) Regularly reviewing, maintaining, and improving the policies
in paragraph (a)(1)(i) of this section and the methods used to
implement them to ensure they are current and effective; and
(iii) Establishing policies and procedures, in consultation with
the parent agency's Chief Data Officer and Evaluation Officer, for
assessing the quality of data that is used by the Recognized
Statistical Agency or Unit but does not originate from the Recognized
Statistical Agency or Unit;
(2) Publicly provide documentation for its statistical products,
including:
(i) Descriptions of methods and procedures used in designing,
collecting, processing, editing, compiling, storing, analyzing, and
disseminating information to users, as applicable;
(ii) Indicators of data quality sufficient to allow data users to
assess the fitness of the data for their own purposes;
(iii) Descriptions of known limitations or sources of error in the
data;
(iv) Citation to source materials where feasible; and
(v) Identification of errors in the statistical products discovered
after their release;
(3) Ensure that the Recognized Statistical Agency or Unit lifecycle
data management practices adhere to all applicable statutes and
standards and guidance issued by the Office of Management and Budget;
(4) Adhere to all applicable statutes and current Office of
Management and Budget peer review policies when submitting articles to
refereed journals, presenting at professional conferences, and engaging
in peer review activities, including OMB M-05-03, Final Information
Quality Bulletin for Peer Review, and any successor policies; and
(5)(i) Determine the appropriateness of and process for providing
professional autonomy to employees of the Recognized Statistical Agency
or Unit, including allowing employee engagement in professional
development activities such as participating in peer review,
publication, or professional associations, and attending and presenting
at professional conferences without review or approval from the parent
agency, subject to applicable statutes.
(ii) When implementing paragraph (a)(5)(i) of this section, ensure
all statutory requirements, such as ethics, are met.
(b) Responsibilities of each parent agency. Each parent agency must
enable, support, and facilitate the Recognized Statistical Agency and
Unit in carrying out its responsibility to conduct credible and
accurate statistical activities. Each parent agency must:
(1) Ensure the Recognized Statistical Agency or Unit has sufficient
autonomy to maintain its own standards for the quality of the data used
and the statistical information it produces and to determine whether
its statistical products are of sufficient quality for dissemination.
Unless otherwise prohibited by statute, when a statute, rule, or policy
authorizes any other agency official to make such determinations, that
responsibility must be delegated to the head of the Recognized
Statistical Agency or Unit;
(2) Prohibit its employees, contractors, and agents, other than
those designated by the releasing Recognized Statistical Agency or Unit
head, from publicly commenting on any data released by the Recognized
Statistical Agency or Unit until after the official release of the
data;
(3) Permit the Recognized Statistical Agency or Unit to determine
whether statistical disseminations, including related statistical press
releases or publicity materials not containing policy pronouncements,
should be disseminated by or through the parent agency and, if so,
ensure that statistical information attri

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