[Federal Register Volume 67, Number 198 (Friday, October 11, 2002)]
[Notices]
[Pages 63452-63455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-25932]
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NATIONAL CREDIT UNION ADMINISTRATION
Guidelines for Ensuring the Quality of Disseminated Information
AGENCY: National Credit Union Administration (NCUA).
ACTION: Final guidelines.
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SUMMARY: NCUA is issuing final guidelines for ensuring the quality of
disseminated information. The guidelines are in response to Office of
Management and Budget (OMB) issued government-wide guidelines. The goal
of the guidelines is to ensure that information disseminated by NCUA
is: Useful to the intended user of the information; presented in an
accurate, clear, complete and unbiased manner; and protected from
unauthorized access or revision. The guidelines also provide an
administrative mechanism for an affected person to request correction
of information disseminated by NCUA.
DATES: Effective October 1, 2002.
FOR FURTHER INFORMATION CONTACT: The final guidelines are available at
www.ncua.gov. For additional information contact Neil McNamara, Deputy
Chief Information Officer, Office of the Chief Information Officer,
National Credit Union Administration, 1775 Duke Street, Alexandria, VA
22314-3428 or telephone number: (703) 518-6440 or Mary F. Rupp, Staff
Attorney, Office of General Counsel, at the above address or telephone
number: (703) 518-6540.
SUPPLEMENTARY INFORMATION:
Background
Section 515 of the Treasury and General Appropriations Act for
Fiscal Year 2001 (Pub. L. 106-554, 114 Stat. 2763) directs each agency
subject to the Paperwork Reduction Act (44 U.S.C. chapter 35) to issue
customized guidelines for ensuring the quality of the information it
disseminates. The agencies were to base their guidelines on final
guidelines issued by OMB and to post proposed guidelines by May 1,
2002. 67 FR 8452 (February 22, 2002).
NCUA posted proposed guidelines on its Web site on May 1, 2002, and
they were published in the Federal Register on May 8, 2002. 67 FR 30976
(May 8, 2002). NCUA received no comments specific to its guidelines. It
received two, generic comment letters sent to all federal agencies.
Based on those comments, NCUA has amended its guidelines to address
specifically whether administrative correction methods in rulemaking
proceedings.
The goal of these guidelines is to ensure that information
disseminated by the NCUA Board is: useful to the intended users of the
information; presented in an accurate, clear, complete and unbiased
manner; and protected from unauthorized access or revision. Section 515
also requires the agencies to include in their guidelines
``administrative mechanisms allowing affected persons to seek and
obtain correction of information maintained and disseminated by the
agency.''
Guidelines
Policy
NCUA will undertake to ensure that the information it disseminates
to the public is objective (accurate, clear, complete, and unbiased),
useful and has integrity. Most information disseminated by NCUA is
subject to the basic standard described in these guidelines. Additional
levels of quality standards are adopted as appropriate for specific
categories of disseminated information. The OMB guidelines
[[Page 63453]]
require ``influential scientific, financial or statistical
information'' to meet a higher standard of quality. OMB defines
``influential'' to mean, ``the agency can reasonably determine that
dissemination of the information will have or does have a clear and
substantial impact on important public policies or important private
sector decisions.'' Id. at 8455. Influential information disseminated
by NCUA is subject to a level higher than the basic standard. The
NCUA's Chief Information Officer (CIO) serves as the agency official
charged with overseeing the agency's compliance with OMB guidelines for
the quality of information disseminated by NCUA.
Scope
NCUA will review all information disseminated for its quality
before it is disseminated. The agency's pre-dissemination review and
the guidelines in this document will apply to information that the
agency first disseminates on or after October 1, 2002. The agency's
administrative mechanism for correcting information will apply to
information that the agency disseminates on or after October 1, 2002,
regardless of when the agency first disseminated the information.
These guidelines apply to NCUA information dissemination in all
media and formats, including print, electronic, audio/visual, or some
other form. Information includes books, papers, CD-ROMs, electronic
documents, or other documentary material disseminated to the public by
NCUA. The guidelines apply to information disseminated by NCUA from a
web page, but they do not apply to hyperlinks from NCUA's Web site 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 views. The guidelines do not
apply to distribution limited to correspondence with individuals or
persons, press releases, archival records, library holdings, public
filings, subpoena, or adjudicative processes. Documents and information
disseminated but neither authored by NCUA nor adopted as representing
NCUA's views are not covered by these guidelines.
Dissemination means agency initiated or sponsored distribution of
information to the public. Dissemination does not include: distribution
limited to government employees or agency contractors or grantees;
intra-agency or inter-agency use or sharing of governmental
information; or responses to requests for agency records under the
Freedom of Information Act, the Privacy Act, the Federal Advisory
Committee Act or other similar law.
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, for example, reports, studies
and summaries, rather than information pertaining to basic agency
operations. NCUA reviews all information before dissemination to assure
that it meets the basic quality standard. Most information disseminated
by NCUA does not require the higher standard of review associated with
influential information.
As stated in the Policy section of these guidelines, NCUA's basic
quality standard for information involves objectivity, utility, and
integrity. Objectivity involves two distinct elements: presentation and
substance. Objective presentation means the information is presented
within a proper context to ensure an accurate, clear, complete and
unbiased presentation. Objective substance means the data, the
analytical process, and the resulting reports are accurate, reliable
and unbiased. To the extent possible, and consistent with
confidentiality protections, NCUA will identify the source of
disseminated information so 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, in other words, the protection
of information from unauthorized access or revision.
NCUA's CIO is charged with primary oversight responsibility for
assuring that all disseminated information meets the basic quality
standard. The CIO relies on the Office Director with primary
responsibility for the disseminated information to ensure that the pre-
dissemination review process is performed and documented at a level
appropriate for the type of information disseminated. The
OfficeDirectors will use internal peer reviews and other review
mechanisms to ensure that disseminated information is objective,
unbiased, and accurate in both presentation and substance. The approval
of information before dissemination will be documented. This
documentation may include routing slips, clearance forms, e-mails and
other approval mechanisms currently used to assure the quality of
disseminated information.
The Office Director with primary responsibility is also responsible
for ensuring the utility and integrity of the information disseminated
by his or her office. Information is useful only if it can be
retrieved. Therefore, the Office Director should ensure that
information published on the NCUA's Web site is retrievable by the
public.
For all proposed collections of information under the Paperwork
Reduction Act (PRA), NCUA should demonstrate in its PRA clearance
submissions to OMB that the proposed collection of information will
result in information that will be collected, maintained and used in a
way consistent with OMB and NCUA information quality guidelines.
The security and integrity of agency information is addressed in
NCUA Instruction No. 13500.04, ``Agency-Wide Information Security
Policy & Procedures'' and the NCUA agency-wide electronic systems
records retention schedule. Office Directors are responsible for
ensuring that information is protected from unauthorized revision,
falsification, corruption, and intentional or inadvertent destruction.
In particular, the originating Office Director is responsible for
ensuring that the record copy of information products is filed in the
appropriate official record keeping system and included in an approved
records retention schedule. All NCUA employees are responsible for
following security procedures intended to safeguard sensitive
information. The originating Office Directors are required to review
and update the security plans for their systems each year. The CIO
provides an ongoing security-training program for agency staff. NCUA
also has a comprehensive internal control program, including
management, operational and technical controls, designed to protect the
integrity of agency systems and information. The CIO, the Information
Security Officer, and the Records Officer of NCUA advise the Office
Directors and other employees, as needed on the implementation of
appropriate security and records management procedures.
The originating Office Director is to review disseminated
information on a regular basis, including information on the NCUA Web
site, to ensure that information is current, timely, and correct.
Process for Ensuring Quality of Information at a Level Higher Than the
Basic Standard
Some of the information disseminated by NCUA is influential,
meaning that the ``information will have or does have a clear and
substantial impact on
[[Page 63454]]
important public policies or important private sector decisions.'' Id.
at 8455.
OMB has instructed the agencies to take into account their missions
in determining whether the information they disseminate is influential.
NCUA's primary mission is to ensure the safety and soundness of
federally insured credit unions. NCUA collects financial data from
credit unions and produces statistical reports based on that data. This
information is potentially influential. Both the individual credit
union data and the statistical reports are made available to the
public. These reports assist the NCUA in its functions as regulator and
insurer, as well as credit unions and the public in their financial
decisions. The information is considered influential if important
public policies or important private sector decisions are made based on
it. To ensure the accuracy of the original data, NCUA staff or the
appropriate state regulator reviews it for accuracy. The data is then
collected by NCUA's Office of Examination and Insurance (E&I) and
reviewed for discrepancies. E&I then prepares summary statistical and
trend reports for distribution to the general public. The original data
on which these statistical and trend reports are based is available to
the public, making the statistical and trend reports reproducible.
Every possible step is taken to ensure the accuracy of the underlying
data. The computer program used by credit unions for their initial
submission of the call report data is designed to detect errors before
submission. Next, the credit union's examiner or the appropriate state
regulator reviews the call report to assure that the information is
accurate. Finally, the summary information for federally-insured credit
unions is reviewed by E&I to detect any errors. With these steps in
place, NCUA is assuring the accuracy and reproducibility of information
that is potentially influential.
Administrative Correction Methods
Background
NCUA has developed a procedure to seek correction of information
under Section 515. These procedures are designed to be flexible,
appropriate to the nature and timeliness of the information
disseminated and incorporated into NCUA's information resources
management and administrative practices. An affected person may request
correction of information disseminated by NCUA. An affected person
means anyone who may benefit or be harmed by the disseminated
information. Documents and information disseminated but neither
authored by NCUA nor adopted as representing NCUA's views are not
covered by these guidelines.
Certain disseminations of information include a comprehensive
public comment process, e.g., notices of proposed rulemaking. The
administrative correction method described in these guidelines does not
apply to such documents. Persons questioning information disseminated
in such a document must submit comments as directed in that document.
In cases where NCUA disseminates a study, analysis, or other
information prior to the final agency action, request for correction
will be considered prior to the final agency action if NCUA has
determined that an earlier response would not unduly delay issuance of
the agency action and the complainant has shown a reasonable likelihood
of suffering actual harm from NCUA's dissemination if NCUA does not
resolve the complaint prior to the final agency action.
Procedure
An affected person may submit his or her request to NCUA's CIO, and
the CIO will forward it to the appropriate NCUA Office Director for a
determination. All requests should be addressed to: Chief Information
Officer, Office of Chief Information Officer, National Credit Union
Administration, 1775 Duke Street, Alexandria, Virginia 22314-3428.
The request should state that the correction of information is
submitted under section 515 of Public Law 106-554 and include the
requester's name and mailing address. The request should describe the
information asserted to be incorrect, including the name of the report
or data product where the information is located, the date of issuance,
and a detailed description of the information to be corrected. The
request should also state specifically why the information does not
comply with NCUA or OMB guidelines and should be corrected, and, if
possible, recommend specifically how it should be corrected, and
provide any supporting documentary evidence, such as comparable data or
research results on the same topic to help in the review of the
request.
If the Office Director determines that a request does not
reasonably describe the disseminated information the requester asserts
to be incorrect, the Office Director will either advise the requester
what additional information is needed to identify the particular
information or otherwise state why the request is insufficient.
The Office Director will coordinate with the appropriate NCUA
officials to determine whether or not to correct information. The
nature, influence, and timeliness of the information involved, the
significance of the correction on the use of the information, and the
magnitude of the correction will determine the level of review and the
degree and manner of any corrective action.
The Office Director will respond to a request within 60 calendar
days. The response will explain the findings of the review and the
actions NCUA will take. If NCUA denies the request, the response will
explain the right to an appeal and how to apply for it. The Office
Director may extend the 60 days for up to 30 more business days. If
extended, the Office Director will send an interim response that states
why more time is needed and when a response may be expected. The 60-day
response period begins on the day the request is received by the CIO.
A denial of a request to correct a record may be appealed to the
CIO within 30 calendar days of the date of the denial letter. Appeals
must be in writing, state the basis for the appeal, and provide any
supporting documentation. Appeals must be addressed to the Chief
Information Officer, Office of the Chief Information Officer, National
Credit Union Administration, 1775 Duke Street, Alexandria, VA 22314-
3428. Appeals must be decided within 60 calendar days unless the CIO,
for good cause, extends the period for an additional 30 calendar days.
If extended, the CIO will send an interim response that states why more
time is needed and when a response may be expected. The CIO will notify
the appellant whether his or her request was granted or denied and what
corrective action, if any, the NCUA will take.
These procedures for correcting information will apply to
information that NCUA disseminates on or after October 1, 2002,
regardless of when the agency first disseminated the information.
Annual Reports to OMB
NCUA will submit an annual fiscal year report to OMB providing
information, both quantitative and qualitative, on the number, nature
and resolution of complaints received by the agency regarding the
accuracy of information it disseminates. The report is to be submitted
on an annual fiscal year basis no later than January 1 of the following
year. The first report will cover fiscal year 2003 and will be
submitted to OMB by January 1, 2004.
[[Page 63455]]
Definitions
1. Dissemination means NCUA initiated or sponsored distribution of
information to the public. Dissemination does not include distribution
limited to government employees or agency contractors or grantees;
intra-agency or inter-agency use or sharing of government information;
and responses to requests for agency records under the Freedom of
Information Act, the Privacy Act, the Federal Advisory Committee Act or
other similar law.
2. Influential means that NCUA can reasonably determine that
dissemination of the information will have or does have a clear and
substantial impact on important public policies or important private
sector decisions.
3. Information means any communication or representation of
knowledge such as fact or data, in any medium or form, including
textual, numerical, graphic, cartographic, narrative or audiovisual
forms, whether on paper, film or electronic media and whether
disseminated via fax, recording, machine readable data or Web site.
This definition includes information from NCUA's web page, but does not
include the provision of hyperlinks to information that others
disseminate. It also does not include distribution limited to
correspondence with individuals or persons, press releases that
announce or give public notice of information that the NCUA has
disseminated elsewhere, archival records, public filings, subpoenas,
adjudicative processes or opinions, unless that opinion is the NCUA's
official point of view.
4. Integrity refers to the security of information--protection of
the information from unauthorized access or revision, to ensure that
the information is not compromised through corruption or falsification.
5. Objectivity involves two distinct elements, presentation and
substance. Objectivity in presentation requires NCUA to present
disseminated information in an accurate, clear, complete, and unbiased
manner. To accomplish this, NCUA must assure that the information is
presented within a proper context. NCUA will identify the sources of
the disseminated information (to the extent possible, consistent with
confidentiality protections) and, in a financial or statistical
context, the supporting data and models, so that the public can assess
for itself whether there may be some reason to question the objectivity
of the sources. Where appropriate, data will have full, accurate,
transparent documentation, and error sources affecting data quality
will be identified and disclosed to users.
Objectivity in substance requires NCUA to disseminate accurate,
reliable and unbiased information. To accomplish this, in a financial
or statistical context, NCUA must assure that sound statistical and
research methods are used to generate the original and supporting data
and the conclusions that flow from the data. If NCUA disseminates
influential information, it must assure that its conclusions are
capable of being substantially reproduced.
6. Quality is an encompassing term comprising utility, objectivity,
and integrity. Therefore, the guidelines sometimes refer to these four
terms collectively, as ``quality.''
7. Reproducibility means that information is capable of being
substantially reproduced subject to an acceptable degree of
imprecision.
8. Utility refers to the usefulness of the information to its
intended users, including the public. In assessing the usefulness of
information that NCUA disseminates to the public, NCUA will consider
the uses of the information not only from the perspective of the agency
but also from the perspective of the public. As a result, when
transparency of information is relevant for assessing the information's
usefulness from the public's perspective, NCUA will take care to ensure
that transparency has been addressed in its review of the information.
Transparency refers to a clear description of the methods, data
sources, assumptions, outcomes and related information that will allow
a data user to understand how information was produced.
Authorities: Section 515 of the Treasury and General Government
Appropriations Act for Fiscal Year 2001 (Pub. L. 106-554; H.R. 5658)
and the Office of Management and Budget Final Guidelines, 67 FR 8452
February 22, 2002.
By the National Credit Union Administration Board on October 4,
2002.
Becky Baker,
Secretary of the Board.
[FR Doc. 02-25932 Filed 10-10-02; 8:45 am]
BILLING CODE 7535-01-P