President Signs Federal Data Quality
Legislation (Act)
(Public Law 106-554 Section 515)
The Congress has passed and the President
has signed important new Data Quality legislation as part of the FY 2001
Consolidated Appropriations Act (Public Law 106-554). Building upon the
Data Quality report language contained in the FY 1999 Omnibus Appropriations
Act (P.L. 105-277), this new provision requires OMB to develop government-wide
standards for the quality of information used and disseminated by the
federal government, with such standards to be completed not later than
September 30, 2001. OMB must also include a mechanism through which the
interested public can petition agencies to correct information which does
not meet the OMB standard. Congress has provided for broad input in developing
the Data Quality standard, mandating that OMB shall seek "public and Federal
agency involvement."
In implementing the Data Quality provision,
the Act directs OMB to issue guidelines for Data Quality which define
four key terms – "quality," "objectivity," "utility," and "integrity"--
and for other federal agencies to issue their own conforming guidelines
within one year of the issuance of the OMB guidelines. In addition, agencies
are to report periodically to the Director of OMB regarding the number
and nature of Data Quality complaints received by the agency and how such
complaints were handled.
CRE believes that the Data Quality provision
represents a significant advancement of Good Government principles. Since
government information routinely serves as the basis for regulation and
resource allocation, it is imperative that the information on which the
government bases these decision be accurate and valid. CRE believes that
the new Data Quality provisions will further this goal by promoting transparency,
the use of sound science, and formulation of rational regulatory policy.
CRE will be involved in the Data Quality
issue during the implementation phase of these important provisions. CRE
will offer its insights and assistance to OMB as it drafts its generic
Data Quality guidance and to the agencies as they prepare their conforming
guidelines.
Statutory Language for Data Quality
FY 2001 Consolidated Appropriations Act
(P.L. 106-554)
Sec. 515. (a) In General. –
The
Director of the Office of Management and Budget shall, by not later than
September 30, 2001, and with public and Federal agency involvement, issue
guidelines under sections 3504(d)(1) and 3516 of title 44, United States
Code, that provide policy and procedural guidance to Federal agencies
for ensuring and maximizing the quality, objectivity, utility, and integrity
of information (including statistical information) disseminated by Federal
agencies in fulfillment of the purposes and provisions of chapter 35 of
title 44, United States Code, commonly referred to as the Paperwork Reduction
Act.
(b) Content of Guidelines. – The
guidelines under subsection (a) shall –
(1) apply to the sharing by Federal agencies
of, and access to, information disseminated by Federal agencies; and
(2) require that each Federal agency to
which the guidelines apply –
(A) issue guidelines ensuring and maximizing
the quality, objectivity, utility, and integrity of information (including
statistical information) disseminated by the agency, by not later than
1 year after the date of issuance of the guidelines under subsection (a);
(B) establish administrative mechanisms
allowing affected persons to seek and obtain correction of information
maintained and disseminated by the agency that does not comply with the
guidelines issued under subsection (a); and
(C) report periodically to the Director
–
(i) the number and nature of complaints
received by the agency regarding the accuracy of information disseminated
by the agency; and
(ii) how such complaints were handled
by the agency.
Paperwork Reduction Act References
in the Data Quality Law
As quoted above, section 515 of the new Data
Quality law notes that its provisions are in furtherance of certain key
provisions of the Paperwork Reduction Act (PRA) (44 U.S.C. Chapter 35).
The following are the PRA referenced in the Data Quality law.
§ 3501. Purposes
"The purposes of this chapter are to –
. . .
(2) ensure the greatest possible public benefit
from and maximize the utility of information ... disseminated by or for
the Federal Government;
. . .
(4) improve the quality and use of Federal
information to strengthen decisionmaking, accountability, and openness
in Government and society;
. . .
(7) provide for the dissemination of public
information on a timely basis, on equitable terms, and in a manner that
promotes the utility of the information to the public and makes effective
use of information technology;
. . .
(9) ensure the integrity, quality, and utility
of the Federal statistical system;
. . .
(11) improve the responsibility and accountability
of the Office of Management and Budget and all other Federal agencies
to Congress and to the public for implementing the ... policies and guidelines
established under this chapter."
§ 3504. Authority and functions of
the Director
. . .
"(d) With respect to information dissemination,
the Director shall develop and oversee the implementation of policies,
principles, standards, and guidelines to –
(1) apply to Federal agency dissemination
of public information, regardless of the form or format in which such
information is disseminated; ...."
§ 3516. Rules and regulations
"The Director shall promulgate rules, regulations,
or procedures necessary to exercise the authority provided by this chapter."
Past Report Language for Data Quality
The following report language for Data Quality
accompanied the FY 1999 Omnibus Appropriations Act (P.L. 105-277) and
served as the genesis of the current Data Quality law.
Conference Report Joint Explanatory Statement
(Cong. Rec. 10/19/98, H. 11508, 1st col.)
"The conference agreement on the Treasury
and General Government Appropriations Act, 1999, incorporates some of
the language and allocations set forth in House Report 105-592 and Senate
Report 105-251. The language in these reports should be complied with
unless specifically addressed in the accompanying statement of managers."
House Report 105-592 (at 49-50)
"Reliability and Dissemination of Information
The committee urges the Office of Management
and Budget (OMB) to develop, with public and Federal agency involvement,
rules providing policy and procedural guidance to Federal agencies for
ensuring and maximizing the quality, objectivity, utility, and integrity
of information (including statistical information) disseminated by Federal
agencies, and information disseminated by non-Federal entities with financial
support from the Federal government, in fulfillment of the purposes and
provisions of the Paperwork Reduction Act of 1995 (P.L. 104-13). The Committee
expects issuance of these rules by September 30, 1999. The OMB rules shall
also cover the sharing of, and access to, the aforementioned data and
information, by members of the public. Such OMB rules shall require Federal
agencies to develop, within one year and with public participation, their
own rules consistent with the OMB rules. The OMB and agency rules shall
contain administrative mechanisms allowing affected persons to petition
for correction of information which does not comply with such rules; and
the OMB rules shall contain provisions requiring the agencies to report
to OMB periodically regarding the number and nature of petitions or complaints
regarding Federal, or Federally-supported, information dissemination,
and how such petitions and complaints were handled. OMB shall report to
the Committee on the status of implementation of these directives no later
than September 30, 1999."
