[Federal Register Volume 67, Number 222 (Monday, November 18, 2002)]
[Notices]
[Pages 69642-69651]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 02-29195]
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Part IV
Department of Housing and Urban Development
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HUD Final Information Quality Guidelines; Notice
Federal Register / Vol. 67, No. 222 / Monday, November 18, 2002 /
Notices
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-4769-N-02]
HUD Final Information Quality Guidelines
AGENCY: Office of the Assistant Secretary for Administration/Chief
Information Officer, HUD.
ACTION: Notice.
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SUMMARY: This notice announces HUD's final guidelines for ensuring and
maximizing the quality, objectivity, utility, and integrity of
information disseminated to the public by HUD (``Information Quality
Guidelines''). The notice follows publication of a May 30, 2002,
Federal Register notice inviting public comment on HUD's draft
Information Quality Guidelines, and takes into consideration the public
comments received on the earlier notice.
DATES: Effective Date: November 18, 2002.
FOR FURTHER INFORMATION CONTACT: Linda Ciancio, Office of Departmental
Grants Management and Oversight, Office of Administration, Department
of Housing and Urban Development, Room 3156, 451 Seventh Street, SW.,
Washington, DC 20410-0500; telephone: (202) 708-0667 (this is not a
toll-free number). Hearing- or speech-impaired individuals may access
this number via TTY by calling the toll-free Federal Information Relay
Service at 800-877-8399.
SUPPLEMENTARY INFORMATION:
I. Background
Section 515 of the Treasury and General Government Appropriations
Act for Fiscal Year 2001 (Pub. L. 106-554) directed the Office of
Management and Budget (OMB) to issue government-wide guidelines that
``provide policy and procedural guidance to federal agencies for
ensuring and maximizing the quality, objectivity, utility, and
integrity of information (including statistical information)
disseminated by federal agencies.'' Within one year after OMB issues
its guidelines, agencies must issue their own guidelines that will
describe internal mechanisms by which agencies will ensure that their
information meets the standards of quality, objectivity, utility, and
integrity. The mechanism also must allow affected persons to seek and
obtain correction of information maintained and disseminated by the
agency that does not comply with the guidelines.
OMB issued its final guidelines on September 28, 2001 (66 FR
49718), but requested additional comment on one component of the OMB
guidelines.The OMB guidelines addressing additional public comment were
published on January 3, 2002 (67 FR 369), and republished on February
22, 2002 (67 FR 6452). In accordance with the statute, agencies must
issue their final guidelines by October 1, 2002. The agencies' draft
guidelines need not be published in the Federal Register but agencies
should provide notification in the Federal Register that the draft
guidelines are available on agencies' Web sites.
II. HUD's Information Quality Guidelines
HUD announced the availability of its draft guidelines for review
and comment on HUD's website through a Federal Register notice
published on May 30, 2002 (67 FR 37851). The May 30, 2002, notice
solicited public comments through July 1, 2002. HUD announced the
extension of this public comment period by Federal Register notice
published on June 17, 2002, (67 FR 41255). The June 17, 2002, notice
solicited public comments through July 17, 2002. This notice makes
HUD's final guidelines available to the public. This notice also
notifies the public of the significant changes made as a result of
internal HUD review, the public comments received on HUD's draft
guidelines, and OMB comments received on HUD's proposed final
guidelines.
III. Discussion of Public Comments on HUD's Draft Information Quality
Guidelines
In response to the draft guidelines, HUD received five public
comments. The comments received involved a number of different sections
of the draft guidelines. Comments were received from: A public interest
group, a legal services organization, a coalition of organizations
representing health, safety, civil rights, and environmental concerns,
a mortgage company, and an association of home builders. A more
detailed discussion of these comments follows:
A. General Comments
Several general comments were received urging HUD to use, or adhere
more strictly to the statutory terms, language, and definitions
contained in OMB's interagency guidelines, including the definition and
treatment of the terms ``quality'' and ``affected persons.'' Various
sections of the final guidelines were modified to address these
comments.
Three comments were received generally urging HUD to avoid
incorporating existing policies and procedures into new information
quality requirements but rather to establish new, stand-alone policies
and procedures to apply to the quality, objectivity, utility, and
integrity of information HUD disseminates to the public. Another
comment urged HUD to retain maximum flexibility in implementing OMB
guidelines by incorporating the standards and procedures required by
these guidelines into existing information resource management and
administrative practices. In developing its final guidelines, HUD noted
that OMB generally states in its guidelines to federal agencies that it
designed its guidelines to be adaptable to a wide variety of government
information dissemination activities, generic, and non-prescriptive,
thus allowing agencies the flexibility to incorporate the requirements
of the OMB guidelines into the agencies' own information resource
management and administrative practices. HUD considered this when
addressing the above comments by slight modifications that make it
explicit that the Department's existing clearance and approval
procedures for information disseminated to the public clearly address
the requirements of section 515 and the OMB guidelines. Therefore, the
guidelines do not replace existing HUD procedures but rather reaffirm
HUD's existing procedures and the agency's adherence to them.
B. Designated Official
Four comments were received generally urging HUD to provide more
detailed contact information for the designated official, to more
clearly define the responsible parties and the procedures they will use
to ensure quality, and to assign the General Counsel the responsibility
for compliance with OMB's final guidelines. With the exception of the
latter comment, numerous modifications were made throughout the
guidelines to address these comments.
C. Performance Measurement
Three comments were received concerning adopting the guidelines as
performance standards. In response to these comments, HUD revised the
section of the guidelines titled ``Purpose,'' to state ``HUD reviews
the standards defined in these guidelines as performance measures and
will seek to attain the standards as defined. In implementing these
guidelines, HUD
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acknowledges that ensuring the quality of information is a management
objective as important as any other for the Department, including the
success of agency missions and observing budget and resources
priorities and restraints. HUD will implement these guidelines so that
they complement and support all other Departmental objectives.''
D. Administrative Correction Mechanism
Approximately fifteen comments were received from three respondents
concerning the mechanism for requesting information dissemination
corrections and the mechanism for processing information dissemination
corrections requests. Seven of the comments received generally
recommended that HUD's guidelines should provide more clarity and/or
add more structure to the process by: (1) Designating an official
through which complaints and responses to complaints could be
submitted; (2) establishing a formal, independent board to review and
act on appeals in an ``ombudsman'' capacity; (3) more clearly defining
terms to ensure that affected persons consistently receive corrections
in a timely manner; (4) defining an objective standard for HUD
decision-makers to follow when determining the degree and manner in
which the disseminated information will be corrected; (5) expressly
stating that separate HUD offices and officials shall resolve initial
decisions and disagreements on appeals for correcting information; (6)
notifying the public or establishing a running public docket of
correction requests and changes; and, (7) providing detailed
descriptions about how correction requests will be reviewed, who will
conduct the reviews, what standards will be used, and how such reviews
will be supervised.
One respondent submitted the remaining eight comments on this topic
and all eight comments strongly urged HUD to construct these mechanisms
cautiously with adequate procedural safeguards to protect the agency
from becoming mired down in minor data disputes, bad faith, frivolous,
repetitive, or non-timely requests. Further, the respondent recommended
limiting the mechanism to only what is required in the Data Quality Act
so as to avoid any possibility of creating new rights under
administrative law. The eight comments stated that HUD: (1) Should
clearly state that the burden of proof lies squarely with the requestor
to demonstrate both that they are an affected party and that the
challenged information does not comply with OMB's guidelines; (2) limit
the administrative mechanism to corrections of factual data and
information, and explicitly state that administrative mechanisms will
not consider interpretations of data and information, or requests for
de-publishing; (3) should limit complaints to information that is not
already subject to existing data quality programs and measures; (4)
state that similar requests previously responded to may be rejected as
frivolous or duplicative; (5) should establish a timeliness requirement
for requests after which the agency has the option to reject a request;
(6) should limit complaints for any data quality standard that presents
a potential moving target (i.e., best available evidence) to
information available at the time of dissemination; (7) should
specifically state that responses to correction requests will be
proportional to the significance and importance of the information in
question; and (8) should establish a fairly informal reconsideration
process consistent with the fact that neither the initial consideration
nor the agency's reconsideration is a legally enforceable process as
the Data Quality Act does not address reconsideration of complaints and
that such a requirement is far outside the scope of the statutory
requirements.
In response to these 15 comments, the guidelines were modified
under the section titled ``Designated Official'' to include specific
language stating that HUD Assistant Secretaries are responsible for
ensuring implementation of the guidelines within their respective areas
of responsibility. The guidelines were further modified under the
section titled ``Process for Requesting Correction to Disseminated
Information'' by adding subsections titled ``Submitting Requests,''
``Rejecting Requests,'' ``Processing Requests,'' and ``Appealing
Corrective Decisions.'' These subsections set forth specific
requirements for the information to be submitted in an information
dissemination request, the criteria HUD will use for determining valid
correction requests, the process HUD will follow for processing
requests determined to be valid, the process for appealing corrective
decisions, and the procedures HUD will use for processing requests
appealing corrective decisions. Further, these subsections specifically
designate the responsible HUD official(s) at each stage of the
described process.
E. Definition and Standard for ``Dissemination''
Four commenters submitted comments on the definition and standard
for ``dissemination.'' One comment stated that the exemptions were too
broad and encompassing to be consistent with the new Information
Quality Guidelines and that the guidelines should explain what is meant
by ``statutorily mandated issuances.'' Two other comments generally
stated that Congress intended the Data Quality Act standards to apply
to all public information despite OMB's exemption of some types and
categories of information in its interagency guidelines. Other comments
stated that HUD should: (1) Make every effort to clearly assert the
limits of these guidelines and preserve the agency's flexibility to
accomplish core mandates unfettered; (2) clearly state that the agency
does not consider the guidelines judicially reviewable, and that they
do not provide any new adjudicatory authority, and (3) clearly state
that the guidelines apply to information disseminated from the agency
itself and not when the agency is merely acting as a conduit of
information. Two commenters stated some uncertainty concerning the
applicability of the guidelines to staff working papers made available
to the public, including working papers posted on the HUD website.
These comments argued that such papers are subject to the guidelines if
made available to the public, unless an explicit disclaimer is included
in the papers.
In response to these comments and further direction received from
OMB on its interagency guidelines, the guidelines were modified under
the section titled ``Definitions and Standards,'' subsection titled
``Dissemination'' by: (1) Adding specificity to the exemptions listed;
(2) adding two exemptions for (a) information presented to Congress as
part of the legislative or oversight processes (e.g., testimony of HUD
officials, information or drafting assistance provided to Congress in
connection with pending proposed legislation) that is not
simultaneously disseminated to the public, and (b) procedural,
operational, policy, and internal manuals prepared for the management
and operations of HUD that are not primarily intended for public
dissemination; (3) providing an example of a statutorily mandated
issuance; (4) adding language explicitly stating that the guidelines do
not impose any additional requirements on HUD during adjudicative
proceedings and do not provide parties to such adjudicative proceedings
any additional rights of challenge or appeal; and (5) adding new
requirements in the guidelines for working papers
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disseminated or otherwise made available to the public to carry a clear
legend indicating that the papers represent the opinions of the author
and are not the agency's official views.
F. Influential Information
Several comments were received concerning ``influential
information.'' One comment concerned the quality standards to be
applied to information deemed ``influential.'' Another comment
recommended that the guidelines set clear standards for ``influential''
information and explain how the requisite criteria for ``transparency''
and ``reproducibility'' would be achieved. Related to these comments
were comments concerning the need for the guidelines to discuss how the
agency will implement enhanced standards for influential information,
including ``transparency'' and ``reproducibility'' or internal
``robustness checks'' if privacy, confidentiality, or proprietary
concerns prevent disclosure of certain information, making transparency
and reproducibility infeasible. Another comment suggested that the
agency adopt procedures for identifying influential information.
Finally, one comment urged HUD to avoid labeling information as
``influential.''
Several areas of the guidelines were modified to address these
comments. The ``quality'' definition and standard was enhanced by
including transparency and reproducibility under the ``objectivity''
aspect of this standard. Peer review was more thoroughly defined to
include ensuring that such reviews meet the general criteria
recommended by OMB to the President's Management Council on September
20, 2001. A definition and standard was added for robustness checks for
disseminated influential information when transparency and
reproducibility are infeasible. A definition and standard was added for
influential information setting forth specific guidelines for
determining whether scientific, financial, or statistical information
is influential within the meaning of OMB's guidelines, thus determining
the level of scrutiny and pre-dissemination review afforded such
information. Finally, the guidelines were modified to reflect that each
HUD Assistant Secretary is responsible for determining what constitutes
influential information, for developing and documenting specific review
and approval procedures for information deemed influential, and to
state that these responsibilities and authorities may not be delegated.
G. Risk Assessment Information Relating to Human Health, Safety, or the
Environment
Two comments from different respondents were received concerning
inclusion of the quality principles of the Safe Drinking Water Act
(SDWA) for risk assessment information relating to human health,
safety, or the environment. One comment suggested that HUD either adopt
or adapt the quality principles of the SDWA as required by the OMB
guidelines, while the other comment urged HUD to ``adapt'' the SDWA
standards, further stating that OMB exceeded the congressional mandate
and inappropriately asked agencies to either adopt or adapt the SDWA
principles. These comments were addressed in the guidelines under the
``reproducibility'' definition and standard by stating that HUD will
use the best available, peer-reviewed science and supporting studies
conducted in accordance with sound and objective scientific practices,
and data collected by the accepted methods or best available methods
(if the reliability of the method and the nature of the decision
justifies use of the data).
IV. HUD's Final Information Quality Guidelines
HUD's final Information Quality Guidelines are as follows--
U.S. Department of Housing and Urban Development Final Guidelines for
Ensuring and Correcting the Quality of Information (Information Quality
Guidelines)
I. Purpose
These guidelines fulfill the requirements of Section 515 of the
Treasury and General Government Appropriations Act for Fiscal Year 2001
(Public Law 106-554, H.R. 5658, hereafter referred to as section 515),
requiring federal agencies to issue implementing guidelines for
ensuring and maximizing the quality, objectivity, utility, and
integrity of information they disseminate.
The Department of Housing and Urban Development is committed to
ensuring and maximizing the quality, utility, objectivity, and
integrity of all information it disseminates to the public. To
accomplish this objective, HUD is issuing these guidelines that the
Department will follow for reviewing and substantiating the quality of
information before it is disseminated to the public. In addition, these
guidelines establish an administrative correction procedure by which an
affected person may seek and obtain the correction of any information
disseminated by HUD that does not comply with these guidelines or the
existing clearance and approval procedures the guidelines reference.
HUD views the standards defined in these guidelines and those of
the Office of Management and Budget as performance measures and will
strive to meet these standards. In implementing these guidelines, HUD
acknowledges that ensuring the quality of information is a management
objective as important as any other for the Department including the
success of agency missions and observing budget and resource priorities
and restraints. HUD will implement these guidelines so that they
complement and support all other Departmental objectives.
The Department's existing clearance and approval procedures for
information disseminated to the public clearly address the requirements
of section 515 and the OMB guidelines. Therefore, these guidelines do
not replace existing HUD procedures. Rather, these guidelines simply
reaffirm HUD's existing clearance and approval procedures for easy
reference, to help ensure adherence to them, and thus ensure quality
information products. Where HUD's existing clearance and approval
procedures do not meet the intent of section 515, new pre-dissemination
clearance and approval procedures are described. These new procedures
are identified as such.
II. Authority
Section 515 of the Treasury and General Government Appropriations
Act for Fiscal Year 2001 (Public Law 106-554; 114 Stat. 2763).
III. Background
Section 515 directs OMB to issue government-wide guidelines that
``provide policy and procedural guidance to federal agencies for
ensuring and maximizing the quality, objectivity, utility, and
integrity of information (including statistical information)
disseminated by federal agencies.'' Agencies are required to issue
their own implementing guidelines within one year after OMB issues its
guidelines. For the convenience of the reader, OMB's final guidelines
can be found on: http://www.whitehouse.gov/omb/fedreg/final_
information_quality_guidelines.html.
Section 515 also requires that agency guidelines include
``administrative mechanisms allowing affected persons to seek and
obtain correction of information maintained and disseminated by the
agency.'' OMB
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required agencies to prepare a draft report including their
implementing guidelines no later than May 1, 2002. HUD developed these
guidelines to meet this requirement. The goal of these guidelines is to
ensure that information disseminated by HUD will be:
[sbull] Useful to the intended users;
[sbull] Presented in an accurate, reliable, and unbiased manner as
a matter of substance and presentation; and,
[sbull] Protected from unauthorized access or revision.
IV. Designated Official
HUD's Assistant Secretary for Administration/Chief Information
Officer serves as the agency official charged with overseeing HUD's
compliance with OMB guidelines for the quality of information
disseminated. HUD Assistant Secretaries, individuals of equivalent
rank, or Assistant Secretary designates (hereinafter ``HUD Assistant
Secretaries''), are responsible for ensuring implementation of these
guidelines within their respective areas of responsibility. With
respect to Office of Inspector General (OIG) information, however, the
Inspector General is ultimately responsible for ensuring OIG
information is objective, useful, and has integrity, and for
determining whether such information should be corrected.
V. Effective Date
As provided in OMB's guidelines, these guidelines apply only to
information HUD disseminates on or after October 1, 2002, including the
review of information to ensure quality before it is disseminated to
the public. While previously released materials will continue to be
used for decision-making and relied upon by the Department and the
public as official, authoritative, government information, the
materials are, in effect, constantly being re-disseminated and thus
subject to these guidelines. Previously released information materials
that do not meet these criteria are considered archived information and
thus are not subject to these guidelines or to the request for
correction process.
VI. Policy
HUD will ensure that the information it disseminates to the public
is objective (accurate, clear, complete, and unbiased), useful, and has
integrity. Additional levels of quality standards may be adopted, as
appropriate, for specific categories of disseminated information.
VII. Definitions and Standards
A. Information
Any communication or representation of knowledge such as facts or
data, conveyed in any form or medium, including textual, numerical,
graphic, cartographic, narrative, or audiovisual, whether on paper,
film, or electronic media, and whether disseminated via facsimile
(fax), recording, machine-readable data, or website. This does not
include hyperlinks provided to information originated by or in the
custody of someone other than HUD. Information does not include
opinion, unless that opinion is HUD's official point of view.
B. Dissemination
Affirmative distribution to the public initiated or sponsored by
HUD acting as a publisher, rather than release of information in
response to a request from the public. HUD ``sponsors'' distribution of
information if HUD collects the information, causes another agency to
collect the information, contracts or enters into a cooperative
agreement with a person to collect the information, or requires a
person to provide information to someone else. HUD also sponsors
information if HUD causes someone else to obtain, solicit, or require
disclosure of information by or for HUD to third parties or to the
public.
The standards of these guidelines apply not only to information
that HUD generates, but also to information that other parties provide
to HUD, if the other parties seek to have the Department rely upon or
disseminate this information or the Department decides to do so. For
example, in commenting on a proposed rule, a trade association supplies
a scientific or technical analysis in support of its position on what
the final rule should say. In order for HUD to rely upon this
information in a subsequent HUD dissemination of information (e.g., as
part of the basis cited for decisions in the final rule), the quality
of the trade association's information would have to be consistent with
these guidelines. Likewise, if the Department disseminates information
originally created by a non-HUD party (e.g., contractor or consultant),
this disseminated information would be subject to these guidelines.
Dissemination does NOT include the following types of information
and hence this information is not subject to these guidelines:
[sbull] Release of information to government employees, agency
contractors, or grantees, where such information is restricted or
limited to these entities;
[sbull] Dissemination intended for intra- or interagency use or
sharing of government information;
[sbull] Information released under the Freedom of Information Act
(FOIA), the Privacy Act, the Federal Advisory Committee Act, or similar
law;
[sbull] Dissemination limited to correspondence with individuals or
persons (regardless of media, example electronic mail);
[sbull] Press releases and other information of an ephemeral
nature, advising the public of an event or activity of a finite
duration--regardless of medium;
[sbull] Archival records disseminated by federal agency libraries
or similar federal data repositories (e.g., inactive or historical
materials in HUD libraries and other data collections--including
bibliographies or responses to reference requests pertaining to such
materials);
[sbull] Library holdings;
[sbull] Public filings;
[sbull] Distributions intended to be limited to subpoenas or
adjudicative processes and decisions;
[sbull] Information presented to Congress as part of the
legislative or oversight processes (e.g., testimony of HUD officials,
information or drafting assistance provided to Congress in connection
with pending or proposed legislation) that is not simultaneously
disseminated to the public;
[sbull] Statutorily mandated issuances (e.g., HUD's Five Year
Strategic Plan);
[sbull] HUD's release of third party information, views, or
opinions, that are clearly identified as information that is not
produced or sponsored by HUD; and,
[sbull] Procedural, operational, policy, and internal manuals
prepared for the management and operations of HUD that are not
primarily intended for public dissemination.
These guidelines do not impose any additional requirements on HUD
during adjudicative proceedings and do not provide parties to such
adjudicative proceedings any additional rights of challenge or appeal.
C. Quality
Encompasses three main aspects of information--utility,
objectivity, and integrity, as described below.
1. Utility. Usefulness of the information to its intended users,
including the public, measured by reference to established criteria,
such as accessibility or timeliness.
2. Objectivity. Accuracy, completeness, reliability, clarity, and
lack of bias in the collection, manipulation, contextual presentation
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of information, and substance with appropriate levels of statistical or
scientific objectivity for the type and importance of the information
disseminated.
Objective presentation means that information is presented within a
proper context to ensure an accurate, clear, complete, and unbiased
presentation. Objective substance means the information, data, the
analytical process, and the resulting reports are accurate, reliable,
and unbiased.
HUD aims to provide objective information but it is important to
note that HUD must sometimes rely on outside data that it is unable to
duplicate or control due to certain circumstances (e.g., cost).
Nonetheless, HUD will seek to make publicly available the sources (to
the extent possible, consistent with confidentiality protections),
data, and methods/models used to develop the information so that the
public can judge for itself whether there may be some reason to
question the objectivity of the sources. This will ensure a high degree
of transparency about the data and methods such that an independent
reanalysis could be undertaken by a qualified member of the public.
Making the data and methods publicly available will assist in
determining whether analytic results are reproducible. However, the
objectivity standard does not override other compelling interests such
as privacy, trade secrets, intellectual property, and other
confidentiality protections.
Scientific or statistical information should be presented with
supporting data and models to allow intended users to assess the
objectivity of the information sources without revealing trade secrets
or violating confidentiality and privacy.
Disseminated analytical results that do, or may, have an important
effect on development of governmental or private sector policies, or
have important consequences for specific technologies, substances,
products, or firms, must be capable of being substantially reproduced.
This means that independent reanalysis of original or supporting data
using the same methods would generate similar analytical results,
within an acceptable range of error or imprecision.
In situations involving influential scientific, financial, or
statistical information, where public access to data and methods will
not occur due to other compelling interests, HUD Assistant Secretaries
shall apply especially rigorous robustness checks to analytic results
and document the checks that were undertaken.
Results already subjected to formal, independent peer review,
before dissemination, are generally considered to be acceptably
objective. Nonetheless, this presumption is rebuttable based on a
persuasive showing by a petitioner in a particular instance. That is,
the burden of proof is on the affected person petitioning HUD for a
correction to disseminated information. If HUD uses a peer review, the
review process used will meet the general criteria for competent and
credible peer review recommended by OMB to the President's Management
Council on September 20, 2001. Namely, that (a) peer reviewers be
selected primarily on the basis of necessary technical expertise, (b)
peer reviewers be expected to disclose to agencies prior technical/
policy positions they may have taken on the issues at hand, (c) peer
reviewers be expected to disclose to agencies their sources of personal
and institutional funding (private or public sector), and (d) peer
reviews be conducted in an open and rigorous manner.
3. Integrity. Refers to protection of information from corruption
or falsification by unauthorized access or revision.
D. Robustness Checks
Refers to influential scientific, financial, or statistical
information where public access to data and methods will not occur due
to other compelling interests. In these situations, HUD Assistant
Secretaries shall ensure that the data and methods used to develop the
information product are reviewed for: (1) Appropriateness of the
methodology; (2) soundness of the analysis and specific analytic
methods; (3) soundness of hypotheses and assumptions; (4) statistical
procedures; (5) sources of bias or other error, and (6) programmatic
and policy implications.
E. Influential Information
The following discussion is intended as guidance to HUD Assistant
Secretaries and other interested persons in determining whether
scientific, financial, or statistical information is influential within
the meaning of OMB's guidelines. This definition is important because
it determines the level of scrutiny and pre-dissemination review
afforded to information. It is important to emphasize that this term
applies only to scientific, financial, or statistical information. The
definition does not address other types of information, no matter how
important the information may seem to be. It should also be noted that
the definition applies to ``information'' itself, not to HUD decisions
that the information may support. That is, even if a decision or action
by HUD is itself very important, a particular piece of information
supporting it may or may not be ``influential.''
The OMB guidelines define ``influential'' information as
information that the agency reasonably can determine ``will have or
does have a clear and substantial impact on important public policies
or important private sector decisions.'' The OMB guidelines assign to
HUD the task of defining this term in ways appropriate to the agency
and its various programs.
HUD emphasizes that, to be influential, information must have a
clear and substantial impact. A clear and substantial impact, first of
all, is one that has a high probability of occurring. If it is arguable
that an impact will occur, or if it is a close judgment call, then the
impact is probably not clear and substantial. The impact must be on
``important'' public policy or private sector decisions. Even if
information has a clear and substantial impact, it is not influential
if the impact is not on a public or private decision that is important
to policy, economic, or other decisions.
Additionally, in determining if information has a clear and
substantial impact, HUD will consider two factors--breadth and
intensity--in determining whether information is influential.
Every decision that HUD makes based on disseminated information is
important to someone. That does not mean that disseminated information
used for each decision is influential, as the term is used in the
guidelines.
In determining whether information is influential, HUD Assistant
Secretaries shall consider whether information affects a broad range of
parties. Information that affects a broad, rather than a narrow, range
of parties (e.g., an entire industry or a significant part of an
industry) is more likely to be influential.
HUD Assistant Secretaries shall also consider whether information
has an intense impact or high cost. Information that has a low cost or
modest impact on affected parties is less likely to be influential than
information that can have a very costly or crucial impact. In
considering whether information has a high-intensity impact, HUD
Assistant Secretaries shall use the definition of ``economic
significance'' provided in Executive Order (E.O.) 12866, Section 2.f.1,
thus using the $100 million figure, as well as other criteria sited in
the E.O. definition, to determine the degree of impact. HUD Assistant
Secretaries may, however, find this level of intensity in information
materials that fall below the benchmark figure.
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In most cases, information that has an intense impact on a broad
range of parties is regarded as influential. Information that affects a
broad range of parties with a low-intensity impact, or information that
affects a narrow range of parties with a high-intensity impact, may or
may not be influential.
HUD Assistant Secretaries may designate certain classes of
information as ``influential'' or not, in the context of their specific
programs. Absent such designations, HUD Assistant Secretaries will
determine whether information is influential on a case-by-case basis,
using the principles articulated in these guidelines.
The ``influential'' designation is intended to be applied to
information where clearly appropriate. HUD Assistant Secretaries should
not designate information products or types of information as
influential on a regular or routine basis. Nor should an
``influential'' label be placed on the title page or text of an
information product.
F. Reproducibility
The information is capable of being substantially reproduced,
subject to an acceptable degree of imprecision. With respect to
analytic results, ``capable of being substantially reproduced'' means
that an independent analysis of the original and supporting data using
identical methods would generate similar analytic results, subject to
an acceptable degree of imprecision or error. For influential
information regarding risks to human health, safety, and the
environment, HUD will use the best available, peer-reviewed science and
supporting studies conducted in accordance with sound and objective
scientific practices, and data collected by the accepted methods or
best available methods (if the reliability of the method and the nature
of the decision justifies use of the data).
G. Affected Persons
Any person or group who may benefit or be harmed by information
disseminated by HUD. This includes persons who are seeking to address
information about themselves as well as persons who use information. As
defined by the Paperwork Reduction Act of 1995, affected persons
include groups, organizations, and corporations.
VIII. Guidelines
A. Scope
HUD will review all information to be disseminated to the public
for quality, objectivity, utility, and integrity before the information
is disseminated to the public. These guidelines apply to information
disseminated by HUD on or after October 1, 2002, regardless of when the
agency first disseminated the information. Likewise, the agency's
administrative mechanisms for correcting information shall apply to
information the agency disseminates on or after October 1, 2002,
regardless of when the agency first disseminated the information.
HUD will ensure that the quality of its disseminated information,
and its pre-dissemination review process, can be substantiated through
documentation or other means appropriate to the information.
These guidelines apply to HUD information dissemination products in
all media and formats, including printed, electronic, and audio/visual.
Information dissemination products include books, papers, CD-ROMs,
electronic documents, or other documentary material disseminated to the
public by HUD. The guidelines apply to information disseminated to the
public by HUD from a web page, but they do not apply to hyperlinks from
the HUD website to information that others disseminate. Nor do the
guidelines apply to opinions if it is clear that what is being offered
is someone's opinion, rather than fact or the agency's official views.
For example, the guidelines do not apply to staff working papers that
are preliminary in nature and do not represent the official views of
the agency.
B. Process for Ensuring Quality of Information at the Basic Standard
The Section 515 guidelines issued by OMB focus primarily on the
dissemination of substantive information (i.e., reports, studies,
summaries) rather than information pertaining to basic agency
operations. HUD reviews all information dissemination products prior to
dissemination and all products are expected to meet the basic OMB and
HUD quality standards (see definitions and standards for objectivity,
utility, and integrity). HUD currently has few information products
that would require a standard of quality higher than the ``basic''
standard described by the OMB guidelines.
As stated in the ``Policy'' section of these guidelines, HUD's
basic quality standard for information involves objectivity, utility,
and integrity. Objectivity has two distinct elements--presentation and
substance. First, the information must be presented in an accurate,
clear, and unbiased manner. Second, as a matter of substance, the
information must be accurate, reliable, and unbiased. To the extent
possible, and consistent with confidentiality protections, HUD will
identify the source of disseminated information so that the public can
assess whether the information is objective. The utility of information
refers to its usefulness to its intended users, including the public.
Integrity refers to the security of information (i.e., the protection
of information from unauthorized access or revision). Security of
information helps ensure that the information is not compromised
through corruption or falsification.
HUD Assistant Secretaries shall ensure that all information they
disseminate to the public meets the basic quality standard. In that
regard, they are responsible for ensuring that the pre-dissemination
review and clearance process is performed and documented at a level
appropriate for the type of information disseminated and in accordance
with existing HUD clearance and approval policies and procedures. They
will consider the costs and benefits of using a higher quality standard
or a more extensive review process in deciding the appropriate level of
quality for a given type of information, and the resulting appropriate
level of review and documentation. Additionally, when developing
information, HUD offices will treat information quality as integral to
every step of information development, including creation, collection,
maintenance, and dissemination. This will enable the agency to
substantiate the quality of the information it has disseminated through
documentation or other means appropriate to the information.
With respect to draft information collection packages to be used to
generate information products subject to these guidelines, HUD
Assistant Secretaries shall ensure that such draft information
collection packages submitted for OMB approval result in the
information being collected, maintained, and used in a manner that is
consistent with these and OMB's guidelines.
C. Disseminating Information That Establishes Program Procedures or
Processing Requirements
1. Existing procedures and processing requirements. The policies
and procedures outlined below are existing HUD policies and procedures
and were designed to ensure the quality of information HUD disseminates
to the public. To the extent they apply to disseminated information as
defined previously in these guidelines, HUD will assure they meet the
standards set forth in these and OMB guidelines.
[[Page 69648]]
HUD Directives Handbook, 000.2 REV-2, issued April 18, 2001,
entitled ``HUD Directives System'' outlines the requirements for
issuing information that establishes program procedures or processing
requirements, whether binding on HUD staff or HUD program participants.
It is HUD's policy that HUD Directives must go through Departmental
clearance, whether issued as handbooks, direct notices, mortgagee
letters, or memoranda, and whether issued in paper or electronic format
or posted on HUD's website. HUD Directives advise staff and/or program
participants about how to carry out their respective responsibilities
under HUD programs or advise potential program participants how to
participate in HUD programs. Directives supplement statutes,
regulations, and other Federal Register documents. Consistent with HUD
policies, HUD Directives will not be used to issue new or revised
policy or binding requirements unless there is statutory or regulatory
authority to do so. At a minimum, all handbooks, supplements, notices,
special directives, and letters clarifying or elaborating on existing
procedures or policy and used to issue guidance, are subject to the
procedures in the Directives Handbook. HUD Assistant Secretaries are
responsible for ensuring compliance with the Directives Handbook. In
determining the applicability of, and the requirement for a pre-
dissemination review, HUD Assistant Secretaries must ensure that, at a
minimum, HUD Directives originating in their offices are cleared in
accordance with HUD existing Directives policy. Changes to the
Government National Mortgage Association (Ginnie Mae) mortgage-backed
securities guide and the multiclass guides shall continue to be issued
in accordance with its program procedures.
Furthermore, Chapter 7 of HUD Handbook 2400.1 (revision currently
in Departmental clearance) establishes policy for the use of electronic
mail (e-mail), limiting its use to (1) brief, informal communications
(e.g., an exchange of ideas related to government businesses); (2)
coordination (e.g., meetings); and, (3) in place of the telephone and
interoffice mail. The General Counsel affirmed this policy in a
memorandum dated May 20, 2002, noting that e-mail should not be used to
clear a document(s) that evidences policies, decisions, procedures,
operations, or other activities of the government. Assistant
Secretaries must ensure compliance with this policy.
Questions about whether particular issuances constitute a HUD
Directive should be referred to the Office of Administration, which
oversees the Departmental clearance of HUD Directives.
The Office of Administration is responsible for ensuring that the
pre-dissemination review and clearance process outlined above, and in
HUD Handbook 000.2 REV-2, is conducted in accordance with the standards
contained in the Handbook and adequately documented.
2. New Procedures and Processing Requirements. Dissemination of
information, via automated systems and system user guides and manuals,
that creates new procedures or processing requirements or expands upon
existing procedures and requirements, is covered by existing HUD policy
governing issuances that establish program procedures and processing
requirements (see HUD Directives Handbook 000.2 REV 2). As such, these
issuances must be approved through the existing clearance and approval
processes noted in the guidelines in item ``1'' immediately above.
D. Disseminating Information That Establishes New HUD Policy or Revises
HUD Policy
The policies and procedures outlined in the following paragraph are
existing HUD policies and procedures and were designed to ensure the
quality of information HUD disseminates to the public. To the extent
they apply to disseminated information as defined previously in these
guidelines, HUD will assure they meet the standards set forth in these
and OMB guidelines. Changes to the Ginnie Mae mortgage-backed
securities guide and the multiclass guides shall continue to be issued
in accordance with its program procedures.
The Administrative Procedure Act and HUD's Regulations in 24 CFR
part 10 require the Department to publish in the Federal Register
substantive rules and statements of policy and interpretations of
general applicability. The Federal Register is used to announce new or
revised policy or binding and enforceable requirements. The Office of
General Counsel has responsibility for Departmental pre-dissemination
review and clearance procedures for Federal Register publications.
Federal Register notices provide the necessary information and
instructions to the public for providing comments.
E. Disseminating Information via Press Conferences, Press-Related
Events, Editorials, Columns, Letters to the Editor, Speeches,
Publications, Newsletters, Reports, Brochures, Videos, the Daily HUD
Focus Message, Public Service Announcements and Advertisements, and
News Media Contact
1. Existing procedures and processing requirements. The policies
and procedures outlined in the following paragraph are existing HUD
policies and procedures designed to ensure the quality of information
HUD disseminates to the public. To the extent they apply to
disseminated information as defined previously in this guidance, HUD
will assure they meet the standards set forth in these and OMB
guidelines.
All such information is approved by and/or coordinated with the
Headquarters' Office of Public Affairs. The ``Public Affairs
Protocol,'' as well as the Office's procedures (both are available on
HUD's intranet at the Public Affairs Web page) provides information
regarding clearance of the above-mentioned issuances.
With respect to OIG Audit Reports, the OIG has standards and review
procedures in place that assure that information disseminated to the
public is reviewed for objectivity, utility, integrity, the use of
sound statistical methods, and transparency of methods, sources,
assumptions, and outcomes. In that regard, the OIG adheres to the
Government Auditing Standards, issued by the Comptroller General of the
United States (the Yellow Book), and the OIG Audit Operations Manual
(IG Manual). The Yellow Book prescribes generally accepted government
auditing standards, including auditee review and comment on draft
findings and recommendations. The IG Manual establishes the policies
and procedures to be followed by the OIG, including the supervisory
review of audit working papers and reports and the independent
referencing of all audit reports prior to issuance. Headquarters staff
also reviews audit reports prior to issuance. Further, the OIG
undergoes both management and peer reviews on a recurring basis.
2. New procedures and processing requirements. All working papers
disseminated or otherwise made available to the public (e.g., posted on
HUD's public web site) are to carry a clear legend indicating that the
``papers represent the opinions of the author only and are not the
agency's official views.''
[[Page 69649]]
F. Disseminating Information via HUD's Public Web Site
As previously noted, these guidelines apply to information
disseminated to the public by HUD from a web page, but they do not
apply to hyperlinks from the HUD website to information that others
disseminate.
1. Existing procedures and processing requirements. The policies
and procedures outlined in the paragraph below are existing HUD
policies and procedures designed to ensure the quality of information
HUD disseminates to the public. To the extent that they apply to
disseminated information as defined previously in this guidance, HUD
will assure they meet the standards set forth in these and OMB
guidelines.
HUD's existing web procedures dated April 30, 1998, and revised
September 2, 2001, are available to the public at http://www.hud.gov/
library/bookshelf15/policies/wwwpol.cfm. They establish clear
responsibility at the Assistant Secretary and Regional Director level
for developing and maintaining relevant program information, processes,
and local office materials on HUD's Web sites. These policies also
require web managers to ensure that materials are properly approved
prior to posting, including program policies and procedures.
2. New procedures and processing requirements. HUD is currently
formalizing its web posting procedures (including requirements on the
types of information that may be posted, publication standards, design
guidelines, and accessibility guidelines). These new procedures will be
made available to the public.
Meanwhile, it is HUD's policy that the Office of Public Affairs
review and provide pre-dissemination approval of all website content of
a political or policy nature. It is the responsibility of the
appropriate Assistant Secretary or Regional Director to ensure that
this review and approval occurs. Additionally, all working papers
posted on HUD's public website are to carry a clear legend indicating
that the ``papers represent the opinions of the author only and are not
the agency's official views.''
Text which establishes program procedures, processing requirements,
new or revised policy, or binding and enforceable requirements will not
be posted to the web without first being approved through the
established clearance and approval processes (see ``Disseminating
Information that Establishes Program Procedures or Processing
Requirements'' and ``Disseminating Information that Establishes New HUD
Policy or Revises HUD Policy''). The procedures for removing web
postings that are not properly approved will be included in HUD's
formal web posting procedures. HUD Assistant Secretaries may request
that the responsible posting office remove any Web site content that
has not been approved through established clearance and approval
processes.
Each Assistant Secretary and Regional Director is responsible for
ensuring adherence to these policies. Each must submit written
certification that the content of HUD's public website and kiosks for
which his/her organization is responsible is both current and accurate.
These certifications must be made to the Deputy Secretary on a
quarterly basis.
G. Protecting the Integrity of Information via HUD Automated Systems
The policies and procedures outlined in this section are existing
HUD policies and procedures designed to ensure the quality of
information HUD disseminates to the public. To the extent they apply to
disseminated information as previously defined in these guidelines, HUD
will assure they meet the standards set forth in these and OMB
guidelines.
HUD's information integrity standards ensure that appropriate
safeguards are in place to prevent unauthorized access or revision,
thus helping to ensure that the information is not compromised through
corruption or falsification. HUD's existing information integrity
standards are set forth in the following issuances:
1. National Security Information (HUD Handbook 1750.1 Rev-4, CHG-3)
dated April 18, 1991. This Handbook identifies methods for ensuring
that information disseminated by or on behalf of HUD remains protected.
It is available via HUD's Web site at http://www.hudclips.org/
subscriber/cgi/legis.cgi?legis.
2. Common Data Element Cleanup Method, A Guidebook Version 1.1
(currently being revised). This Guidebook provides the concepts, step-
by-step processes, examples of application, and worksheet forms to
guide and assist with a data element cleanup process. It also assists
in the information quality management of internal HUD systems and data,
including information utility, objectivity, and integrity.
3. Enterprise Security Program Plan. The Plan establishes the
framework for developing and implementing a HUD-wide Enterprise
Security Program. The Plan outlines the requirements for complying with
federal guidelines to protect HUD's critical infrastructure and
implementing the HUD Remediation Plan.
4. The Information Systems Security Program Policy. The Policy
ensures that adequate security is provided for the information
collected, processed, transmitted, stored, or disseminated in HUD's
general support systems and major applications. It does this by
requiring each HUD office and program area to implement policies,
standards, and procedures consistent with government-wide policies,
standards, and procedures issued by OMB, the Department of Commerce,
the General Services Administration, and the Office of Personnel
Management.
H. Process for Ensuring Quality of Information at a Level Higher Than
the Basic Standard
The OMB guidelines for implementing Section 515 recognize that some
government information may need to meet higher quality standards than
the basic standard. The more important the information, the higher the
quality standards to which it should be held. In particular, the OMB
guidelines require ``influential scientific, financial, or statistical
information'' to meet a high standard of quality. The OMB definition of
``influential'' is set forth in Section VII, Paragraph E of these
guidelines.
HUD is committed to the standards stated in OMB's information
quality guidelines, specifically with respect to applying especially
rigorous robustness checks to analytic results and to document the
checks that were undertaken. At this time, HUD is not prepared to
identify the kinds of original and supporting data to be subject to the
reproducibility standard. Nonetheless, HUD shall assure reproducibility
for those kinds of original and supporting data according to commonly
accepted scientific, financial, or statistical standards. Additionally,
the standards of these and OMB guidelines apply not only to information
that HUD generates, but also to information that other parties provide
to HUD, if the other parties seek to have the Department rely upon or
disseminate this information or the Department decides to do so.
1. New Procedures and Processing Requirements for Influential
Information. The responsibility for determining what constitutes
influential information to be disseminated, and hence the quality
standards to which the information should be held rests with each HUD
Assistant Secretary. Each HUD Assistant Secretary is
[[Page 69650]]
currently developing and documenting, and will make available upon
written request, specific review and approval procedures for
information he/she determines will have or does have a clear and
substantial impact on important public policies or important private
sector decisions. These procedures will include references to the types
of issuances covered, as well as examples of such issuances. These
procedures may include independent peer reviews (internal and/or
external) of the information to ensure statistical and/or analytical
integrity. Finally, each HUD Assistant Secretary is responsible for
ensuring that this type of information is reviewed and approved, prior
to dissemination, according to the written procedures he/she has
established, and that the review and approval of each issuance is
adequately documented. The above-mentioned responsibilities and
authorities may not be delegated.
Any issuance of information that has not been subjected to the
procedures identified in the previous paragraph, but which, in the view
of the responsible HUD Assistant Secretary, requires a higher quality
standard than outlined under the procedures for ensuring quality of
information at the basic standard, must be cleared through Departmental
clearance.
I. Administrative Correction Mechanisms
To facilitate review by affected persons, this section establishes
administrative mechanisms allowing affected persons to seek and obtain,
where appropriate, timely correction of information maintained and
disseminated by HUD. These administrative mechanisms have been designed
to be flexible, appropriate to the nature and timeliness of the
disseminated information, and incorporated into HUD's existing
information resources management and administrative practices.
An affected person (see Section VII, Paragraph G under
``Definitions and Standards'') may request the timely correction of
information disseminated by HUD. This includes persons who are seeking
to address information about themselves as well as persons who use
information.
In determining whether to respond to a complaint, the Department
will consider whether the information or the request for correction is
``stale.'' If HUD did not disseminate this information recently (i.e.,
within one year of the information correction request), or it does not
have a continuing impact on HUD projects or policy decisions or on
important private sector decisions, the Department may regard the
information as ``stale'' for purposes of responding to a correction
request, unless the complainant demonstrates that the information has
an impact on the affected person.
The correction process is designed to address the genuine and valid
needs of HUD and its constituents without disrupting agency operations.
HUD, in making a determination of whether or not to correct
information, may reject claims made in bad faith or without
justification. HUD will explain decisions to deny or limit corrective
actions in annual reports to OMB on complaints regarding agency
compliance with these guidelines.
Documents and information disseminated, but not sponsored, by HUD
are not covered by these guidelines. In disseminating such materials,
HUD assumes no responsibility for their accuracy and is simply ensuring
that the public has quicker and easier access to such materials.
Rulemakings and Other Public Comment Procedures--HUD will consider
requests for correction of a study, analysis or other information prior
to the final agency action or information product if: (1) HUD
determines that its response would not unduly delay final issuance of
the HUD action or information product, and (2) the complainant shows a
reasonable likelihood of suffering actual harm from HUD's dissemination
if HUD does not resolve the complaint prior to the final agency action
or information product.
With respect to the correction of OIG information, as used below:
``Office of the Assistant Secretary for Administration'' shall be
understood to mean the Office of Inspector General, U.S. Department of
Housing and Urban Development, 451 Seventh Street, SW, Room 8256,
Washington, DC 20410; the ``Assistant Secretary of the office that
originated the subject information,'' the ``responsible Assistant
Secretary'' and/or the ``Assistant Secretary'' shall be understood to
mean the Assistant Inspector General for Audit; and the ``Assistant
Secretary for Administration'' shall be understood to mean the Deputy
Inspector General.
J. Process for Requesting Correction to Disseminated Information
1. Submitting Requests. If an affected person believes that
disseminated information does not comply with the standards set forth
in these guidelines, he/she may submit a written request for correction
to the Office of the Assistant Secretary for Administration which will
assign the request to the Assistant Secretary of the office that
disseminated the subject information. The request may be submitted by
letter or by e-mail through HUD's website and should contain the
following items:
a. A statement that a request for correction of information is
submitted under HUD's Information Quality Guidelines;
b. The complainant's name, mailing address, e-mail address,
telephone number, facsimile (fax) number, and organizational
affiliation, if any. HUD will not respond to anonymous requests;
c. A clear identification of the information dissemination source
(e.g., report, data set, or other document) and the information
asserted to be incorrect;
d. A description of how the information in question affects the
complainant or the affected person(s) for whom the correction request
is being submitted (e.g., how an alleged error causes harm, and/or how
the correction will be of benefit or use);
e. A description of the specific information that the complainant
wants the Department to correct. Where possible, the request should
include such identifying characteristics as the name of the HUD office
that originated the data, title, date, etc.;
f. A description of why the complainant believes the information in
question is inconsistent with the Department's or OMB's information
quality guidelines (i.e., how the information fails to meet standards
of integrity, utility, and/or objectivity);
g. Specific recommendations for what corrections HUD should make to
the information in question and reasons for believing that these
recommended corrections would make the information consistent with the
Department's information quality guidelines; and,
h. Documentary evidence believed to be relevant to the request
(e.g., comparable data or research results on the same topic).
Written requests sent via letter should be addressed to: U.S.
Department of Housing and Urban Development, Assistant Secretary for
Administration, Seventh Street, SW., Washington, DC 20410.
HUD currently is evaluating both new and existing e-mail response
software to further facilitate implementing these final procedures for
responding to information correction requests received via HUD's web
mail system. HUD's internal operating procedures and associated
responsibilities/authorities for appropriately responding to and
tracking information correction requests will be included in HUD's
formal web
[[Page 69651]]
posting procedures. These procedures will be available to the public.
2. Rejecting Requests. Once the responsible Assistant Secretary
receives a request for correction of information, he/she will review
the request to determine if it is valid using the following guidelines:
a. Did HUD (as opposed to some other person or organization)
actually disseminate the information HUD is being asked to correct?
b. Is the complainant affected by the information in question or is
the person(s) for whom the correction request is being submitted
affected by the information in question?
c. Did HUD disseminate this information recently (i.e., within one
year of the request), or does the information have a continuing impact
on HUD projects or policy decisions, on important private sector
decisions, or on affected persons?
d. With respect to information in a final rule, final environmental
impact statement, or other final document where there was an
opportunity for public comment or participation, could interested
persons have requested the correction of the information in question at
the proposed stage and, if so, has the complainant shown a reasonable
likelihood of an affected person suffering actual harm from HUD's
dissemination if HUD does not resolve the complaint prior to the final
agency action or information product?
e. Is the information in question exempt from these Guidelines?
f. Is the request frivolous or not germane to the substance of the
information in question?
g. Has HUD responded previously to a request that is the same or
substantively very similar?
If the responsible Assistant Secretary determines that the answer
to Question a, b, c, or d is ``no'' or that the answer to Question e,
f, or g is ``yes,'' then HUD will reject the request. If the request is
rejected, the responsible Assistant Secretary will respond in writing
within 60 calendar days of receiving the request. Written responses may
be sent via letter, e-mail or facsimile (fax).
3. Processing Requests. If a request is not rejected, the
responsible Assistant Secretary will review the request to determine if
it contains sufficient information to address items ``a'' through ``h''
above under ``Submitting Request.'' If it does not, he/she will either
advise the requester of the additional information required or
otherwise state why the request is insufficient. The responsible
Assistant Secretary will respond to a request within 60 calendar days
from the date of receipt. However, if the request requires more than 60
calendar days to respond, the responsible Assistant Secretary will
inform the complainant that more time is required, and indicate the
reason why and an estimated decision date. All responses will be in
writing and may be done via letter, e-mail or facsimile (fax).
Circumstances warranting an extension may include, but are not limited
to, a need to: review many records identified in a single request;
consult with another federal agency having a substantial interest in
the request; or, consult with two or more HUD offices having a
substantial interest in the request.
The responsible Assistant Secretary will coordinate with HUD
officials as appropriate to determine whether or not to correct
information. HUD will correct information and disseminate the corrected
information only to the degree and in the manner that the responsible
Assistant Secretary, in consultation with HUD officials as he/she deems
appropriate, concludes is appropriate for the nature and timeliness of
the information involved. Each Assistant Secretary will maintain a
record of all information dissemination correction requests and
decisions for a period of at least five years. Each Assistant Secretary
will aggregate the data for his/her area annually, and provide the
aggregated data to the Assistant Secretary for Administration, who is
responsible for preparing HUD's annual report to OMB regarding requests
for correcting information (see ``Submitting Annual Reports to OMB'').
The report prepared by the Assistant Secretary should differentiate
between requests for correction to website information and corrections
requested to other information disseminated under the jurisdiction of
the Assistant Secretary.
4. Appealing Corrective Decisions. If the affected person
requesting a correction does not agree with HUD's decision (including
the corrective action, if any), the person may petition for
reconsideration. The written request for reconsideration must be
submitted within 60 calendar days of the date of the decision letter.
Generally, the Assistant Secretary for Administration (or his/her
designee), in consultation with such other HUD Assistant Secretaries as
appropriate, and the office from which the information was
disseminated, will review HUD's decision and basis thereof and respond
to requests for appeal within 60 calendar days of the date of receiving
the petition for reconsideration. Additionally, if the Assistant
Secretary for Administration believes that another agency(ies) may have
an interest in the resolution of an appeal, he/she should consult with
those other agencies about their possible interest in the matter. If
the request requires more than 60 calendar days to resolve, the
Assistant Secretary for Administration will inform the complainant that
more time is required, indicating the reason why and an estimated
decision date. The Assistant Secretary for Administration will notify
the Assistant Secretary and the complainant of the final decision and
what corrective action, if any, the agency will take. Decisions on
petitions for reconsideration are final and further petitions or
appeals will be disregarded.
Appeals for reconsideration must be in writing. The envelope and
the reconsideration request both should be clearly marked ``Information
Correction Reconsideration Request'' and addressed to: U.S. Department
of Housing and Urban Development, Assistant Secretary for
Administration, 451 Seventh Street, SW., Washington, DC 20410.
K. Submitting Annual Reports to OMB
HUD will submit annual reports to the Director of OMB on the number
and nature of complaints received concerning agency compliance with
these guidelines beginning January 1, 2004. Reports, prepared by the
Assistant Secretary for Administration, will contain complaint and
correction information dealt with during each fiscal year and will be
submitted no later than January 1 of the following year. The report is
to contain both quantitative and qualitative information about the
complaints received, the nature of the complaints, and the resolution
of those complaints. The report is to include an explanation of agency
decisions to deny or limit corrective action. HUD will develop a
uniform process for tracking, collecting, and reporting on the
disposition of information correction requests.
The first report will cover Fiscal Year 2003 and be submitted to
OMB by January 1, 2004.
Dated: November 8, 2002.
Alphonso Jackson,
Deputy Secretary.
[FR Doc. 02-29195 Filed 11-13-02; 1:53 pm]
BILLING CODE 4210-01-P