Disclaimer Statements
LAYOUT & DESIGN:
This site is designed and maintained under the direction of the
Public Affairs Office at the Technology Administration.
Please direct any comments or inquiries to
public_affairs@mail.technology.gov.
With respect to documents available from this server, neither the United
States Government nor the Technology Administration of the Department
of Commerce nor any of their employees or contractors makes any warranty,
express or implied, including the warranties of merchantability and fitness
or a particular purpose, or assumes any legal liability or responsibility
for the accuracy, completeness, or usefulness of any information, apparatus,
product, or process disclosed, or represents that its use would not infringe
on privately owned rights.
The U.S. Government, the Technology Administration of the Department
of Commerce, and their employees and contractors cannot be held responsible
for the contents of any off-site pages referenced.
DISCLAIMER OF ENDORSEMENT:
Links or Reference herein to any specific commercial product, process, or service
by trade name, trademark, manufacturer, or otherwise, does not
constitute or imply its endorsement, recommendation, or favoring by the
United States Government or the Technology Administration of the Department
of Commerce or any of their employees/contractors of any particular product, service, organization, company, information provider, or content.
The views and opinions
of authors expressed herein do not necessarily state or reflect those
of the United States Government or the Technology Administration of the
Department of Commerce or their employees/contractors, and shall not
be used for advertising or product endorsement purposes.
COPYRIGHT STATUS:
Documents on this server are sponsored by the Technology Administration
of the Department of Commerce along with private companies and organizations.
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Credits and Disclaimers
Information Quality Quidelines
We collect no personal information about you when you visit our website
unless you choose to provide that information to us.
For the protection of users of our Web sites, we have safeguards in place to identify and prevent unauthorized attempts to access or cause harm to information and systems.
Information Collected and Stored Automatically
Certain information is automatically collected for statistical
purposes and analyzed to measure customer interest in various
user areas of our site. This information does not identify
you personally and is disclosed in aggregate form only. We
collect and store only the following information about your
visit:
- The Internet domain (for example, "xcompany.com" if you
use a private Internet access account or "yourschool.edu" if
you connect from a university's domain) and IP address (an IP address
is the number automatically assigned to your computer whenever you
are surfing the Web) from which you access our website;
- The type of browser and operating system used to access our site;
- The date and time you access our site;
- The duration of your visit;
- The pages you visit; and
- If you linked to our website from another website, the address of
that website.
We use this information to help us make our site more useful to visitors
- to learn about the number of visitors to our site and the types of
technology our visitors use. We do not track or record information
about individuals and their visits.
“Cookies” are small bits of text that are either used for the duration of a session (“session cookies”) or saved on a user’s hard drive in order to identify that user, or information about that user, the next time the user logs on the a Web site (“persistent cookies”). This Web site does not use persistent cookies or any other persistent tracking technology.
Information Collected from E-mails and Web Forms
You can contact us by postal mail, telephone or electronically,
via e-mail or an online form. Before you do, there are
a few things you should know.
Submitting voluntary information constitutes your consent to the use of the information for the stated purpose.
Various people may see the material you submit. We may enter the
information you send into an electronic database or share it with our
attorneys and others involved in law enforcement or public policy development. We
may also share it with a wide variety of other government agencies enforcing
consumer protection, competition and other laws. We or any of those
agencies may contact you. In other limited circumstances, including
requests from Congress or private individuals, we may be required by
law to disclose information you submit.
Also, e-mail is not necessarily secure against interception. If
your communication is sensitive or includes personal information, you
might want to send it by postal mail instead.
Your Rights under the Privacy Act
Please see the following:
Information Quality Guidelines
Credits and Disclaimers
Privacy Policy
PART I: BACKGROUND, MISSION, DEFINITIONS, AND SCOPE
BACKGROUND
Section 515 of the Treasury and General Government Appropriations Act
for Fiscal Year 2001 (Public Law 106-554), hereinafter "Section 515," directs
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." OMB complied by issuing guidelines which direct each Federal
agency to (A) issue its own guidelines ensuring and maximizing the quality,
objectivity, utility, and integrity of information disseminated by the
agency; (B) establish administrative mechanisms allowing affected persons
to seek and obtain correction of information that does not comply with
the OMB 515 Guidelines (Federal Register: February 22, 2002, Volume 67,
Number 36, pp. 8452-8460, hereinafter "OMB Guidelines") or the agency
guidelines, and (C) report periodically to the Director of OMB on the
number and nature of complaints received by the agency regarding the
accuracy of information disseminated by the agency and how such complaints
were handled by the agency.
In compliance with OMB directives, the Department of Commerce (DOC)
has issued draft Guidelines for Ensuring and Maximizing the Quality,
Objectivity, Utility, and Integrity of Disseminated Information (http://www.doc.gov/cio/oipr/iqg.html).
This document implements Section 515 and fulfills the OMB and DOC information
quality guidelines. It may be revised periodically, based on experience,
evolving requirements in the Technology Administration (TA), and concerns
expressed by the public. Covered information disseminated by TA will
comply with all applicable OMB, DOC, and (these) TA Information Quality
Guidelines.
In implementing these guidelines, TA acknowledges that ensuring the
quality of information is an important management objective that takes
its place alongside other TA objectives, such as ensuring the success
of TA missions, observing budget and resource priorities and restraints,
and providing useful information to the public. TA intends to implement
these guidelines in a way that will achieve all these objectives in a
harmonious way.
MISSION
TA's mission is to work with U.S. industry to maximize technology's
contribution to U.S. economic growth by maintaining and improving key
components of the nation's technological infrastructure; fostering the
development, diffusion, and adoption of new technologies and leading
business practices; creating a business and policy environment conducive
to innovation; and disseminating technical information.
DEFINITIONS
The definitions in this section apply throughout these Guidelines.
Agency initiated distribution of information to the public refers
to information that the Agency distributes or releases which reflects,
represents, or forms any part of the support of the policies of the Agency.
In addition, if the Agency, as an institution, distributes or releases
information prepared by an outside party in a manner that reasonably
suggests that the Agency agrees with the information, this would be considered
Agency initiated distribution and hence Agency dissemination because
of the appearance of having the information represent Agency views. By
contrast, the Agency does not "initiate'' the dissemination of information
when an Agency scientist or grantee or contractor publishes and communicates
his or her research findings in the same manner as his or her colleagues,
even if the Agency retains ownership or other intellectual property rights
because the Federal government paid for the research.
Agency sponsored distribution of information to the public refers
to situations where the Agency has directed a third party to distribute
or release information, or where the Agency has the authority to review
and approve the information before release. By contrast, if the Agency
simply provides funding to support research, and if the researcher (not
the Agency) decides whether to distribute the results and - if the results
are to be released - determines the content and presentation of the distribution,
then the Agency has not "sponsored'' the dissemination even though it
has funded the research and even if the Agency retains ownership or other
intellectual property rights because the Federal government paid for
the research. Note that subsequent Agency dissemination of such information
would require that the information adhere to the Agency's information
quality guidelines even if it was initially covered by a disclaimer.
Quality is an encompassing term comprising utility, objectivity,
and integrity. Therefore, the guidelines sometimes refer to these four
statutory terms, collectively, as "quality."
Utility refers to the usefulness of the information to its intended
users, including the public. In assessing the usefulness of information
that the agency disseminates to the public, TA considers the uses of
the information not only from its own perspective 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,
TA takes care to ensure that transparency has been addressed in its review
of the information.
Objectivity consists of two distinct elements: presentation and
substance. The presentation element includes whether disseminated information
is presented in an accurate, clear, complete, and unbiased manner and
in a proper context. The substance element involves a focus on ensuring
accurate, reliable, and unbiased information. In a scientific, financial,
or statistical context, the original and supporting data shall be generated,
and the analytic results shall be developed, using sound statistical
and research methods.
Integrity refers to security - the protection of information
from unauthorized access or revision, to ensure that the information
is not compromised through corruption or falsification.
Information means any communication or representation of knowledge
such as facts or data, in any medium or form, including textual, numerical,
graphic, cartographic, narrative, or audiovisual forms. This definition
includes information that an agency disseminates from a Web page, but
does not include the provision of hyperlinks to information that others
disseminate. This definition does not include opinions, where the agency's
presentation makes it clear that what is being offered is someone's opinion
rather than fact or the agency's views.
Government information means information created, collected,
processed, disseminated, or disposed of by or for the Federal Government.
Information dissemination product means any books, paper, map,
machine-readable material, audiovisual production, or other documentary
material, regardless of physical form or characteristic, an agency disseminates
to the public. This definition includes any electronic document, CD-ROM,
or Web page.
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-
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. This definition also does not include distribution limited to correspondence
with individuals or persons, press releases, archival records, public
filings, subpoenas or adjudicative processes.
Influential, when used in the phrase "influential scientific,
financial, or statistical information,'' means that the agency can reasonably
determine that dissemination of the information will have or does have
a clear and substantial impact on important public policy and private
sector decisions.
Reproducibility means that the information is capable of being
substantially reproduced, subject to an acceptable degree of imprecision.
For information judged to have more (less) important impacts, the degree
of imprecision that is tolerated is reduced (increased). With respect
to analytic results, "capable of being substantially reproduced'' means
that independent analysis of the original or supporting data using identical
methods would generate similar analytic results, subject to an acceptable
degree of imprecision or error.
Transparency is not defined in the OMB Guidelines, but the Supplementary
Information to the OMB Guidelines indicates (p. 8456) that "transparency" is
at the heart of the reproducibility standard. The Guidelines state that "The
purpose of the reproducibility standard is to cultivate a consistent
agency commitment to transparency about how analytic results are generated:
the specific data used, the various assumptions employed, the specific
analytic methods applied, and the statistical procedures employed. If
sufficient transparency is achieved on each of these matters, then an
analytic result should meet the reproducibility standard." In others
words, transparency - and ultimately reproducibility - is a matter of
showing how you got the results you got.
SCOPE
These guidelines cover information disseminated by TA on or after October
1, 2002, regardless of when the information was first disseminated, except
that pre-dissemination review procedures shall apply only to information
first disseminated on or after October 1, 2002.
Information Disseminated by TA and Covered by these Guidelines
Corporate or general information includes all non-scientific,
non-financial, non-statistical information. Examples include program
and organizational descriptions, brochures, pamphlets, education and
outreach materials, newsletters, and other general descriptions of TA
operations and capabilities. Other examples include:
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Non-scientific training materials;
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Listings of TA products and services;
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Descriptive information, including brochures, pamphlets, newsletters,
fact sheets, and web
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site descriptions;
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TA annual reports;
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Information presented to Congress as part of legislative or oversight
processes, such as testimony of TA officials, and information or drafting
assistance provided to Congress in connection with proposed or pending
legislation, that is not simultaneously disseminated to the public.
(However, information which would otherwise be covered by applicable
guidelines is not exempted from compliance merely because it is also
presented to Congress.);
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Directories;
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Program handbooks, manuals, and guidelines;
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Conference information; and,
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Job opportunities
Technical, Financial, and Statistical Information includes all
technical, financial, and statistical information disseminated by TA.
TA disseminates technical, financial, and statistical information to
the public in a variety of formats, including but not limited to data,
databases, standard reference materials, scientific papers, economic
impact studies, presentations, exhibits, and web sites.
Information quality is an integral part of the pre-dissemination review
of information disseminated by TA Information quality is also integral
to information collections conducted by TA, and is incorporated into
the clearance process required by the Paperwork Reduction Act (PRA) to
help improve the quality of information that TA collects and disseminates
to the public. TAoffices already are required to demonstrate in their
PRA submissions to OMB the "practical utility" of a proposed collection
of information that they plan to disseminate. Additionally, for all proposed
collections of information that will be disseminated to the public, TA
offices should demonstrate in their 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
applicable information quality guidelines.
Information Not Covered by these Guidelines
Information with distribution intended to be limited to government employees
or agency contractors or grantees.
Information with distribution intended to be limited to intra- or inter-agency
use or sharing of government information.
Responses to requests for agency records under the Freedom of Information
Act, the Privacy Act, the Federal Advisory Committee Act or other similar
law.
Information relating solely to correspondence with individuals or persons.
Press releases, fact sheets, press conferences or similar communications
in any medium that announce, support the announcement or give public
notice of information TA has disseminated elsewhere
Archival records, including library holdings.
Archival information disseminated by TA before October 1, 2002, and
still maintained by TA as archival material.
Public filings.
Subpoenas.
Information limited to adjudicative processes, including information
developed during the conduct of any criminal or civil action or administrative
enforcement action, investigation or audit against specific parties,
or information distributed in documents limited to administrative action
determining the rights and liabilities of specific parties under applicable
statutes and regulations.
Solicitations (e.g., program announcements, requests for proposals).
Hyperlinks to information that others disseminate, as well as paper-based
information from other sources referenced, but not approved or endorsed
by TA.
Policy manuals and management information produced for the internal
management and operations of TA, and not primarily intended for public
dissemination.
Information presented to Congress as part of legislative or oversight
processes, such as testimony of TA officials, and information or drafting
assistance provided to Congress in connection with proposed or pending
legislation that is not simultaneously disseminated to the public.
Documents not authored by TA and not intended to represent TA's views,
including information authored and distributed by TA grantees, as long
as the documents are not disseminated by TA.
Research data, findings, reports and other materials published or otherwise
distributed by employees or by TA contractors or grantees that are identified
as not representing TA views.
Opinions where the presentation makes it clear that what is being offered
is not the official view of TA.
Other types of information released by TA that fall within this category
include, but are not limited to:
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Internal or Interagency Reports prepared and released to a single customer;
and
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Programmatic performance, budget, human resources, and strategic planning
information submitted to the Department will be covered by the Department-wide
standard for financial information.
PART II: INFORMATION QUALITY STANDARDS AND PRE-DISSEMINATION REVIEW
Information quality is composed of three elements utility, integrity
and objectivity. Quality will be ensured and established at levels appropriate
to the nature and timeliness of the information to be disseminated. Information
quality is an integral part of the pre-dissemination review of information
disseminated by TA. Information quality is also integral to information
collections conducted by TA, and is incorporated into the clearance process
required by the Paperwork Reduction Act.
As OMB has recognized (OMB Guidelines, pp. 8452-8453), "information
quality comes at a cost." In this context, OMB directed that "agencies
should weigh the costs (for example, including costs attributable to
agency processing effort, respondent burden, maintenance of needed privacy,
and assurances of suitable confidentiality) and the benefits of higher
information quality in the development of information, and the level
of quality to which the information disseminated will be held." Therefore,
in deciding the appropriate level of review and documentation for information
disseminated by TA, the costs and benefits of using a higher quality
standard or a more extensive review process will be considered. Where
necessary, other compelling interests such as privacy and confidentiality
protections will be considered.
The utility and integrity standards below pertain to all information
disseminated by TA. Following the utility and integrity standards are
objectivity standards for each of the specific categories of TA-disseminated
information. Because most of the standards presented in this document
reflect existing practice in TA, the present tense has been used when
describing them; but regardless of tense used, a performance standard
is intended.
UTILITY
Utility means that disseminated information is useful to its intended
users. "Useful" means that the content of the information is helpful,
beneficial, or serviceable to its intended users, or that the information
supports the usefulness of other disseminated information by making it
more accessible or easier to read, see, understand, obtain, or use. Where
the usefulness of information will be enhanced by greater transparency,
care is taken that sufficient background and detail is available, either
with the disseminated information or through other means, to maximize
the usefulness of the information. The level of such background and detail
is commensurate with the importance of the particular information, balanced
against the resources required, and is appropriate to the nature and
timeliness of the information to be disseminated.
INTEGRITY
Prior to dissemination, TA information, independent of the specific
intended distribution mechanism, is safeguarded from improper access,
modification, or destruction, to a degree commensurate with the risk
and magnitude of harm that could result from the loss, misuse, or unauthorized
access to or modification of such information.
All electronic information disseminated by TA adheres to the standards
set out in Appendix III, "Security of Automated Information Resources," OMB
Circular A-130; the Computer Security Act, and the Government Information
Systems Reform Act.
Confidentiality of data collected by TA is safeguarded under legislation
such as the Privacy Act and Titles 13, 15, and 22 of the U.S. Code.
OBJECTIVITY
Objectivity ensures that information is accurate, reliable, and unbiased,
and that information products are presented in an accurate, clear, complete,
and unbiased manner. In a scientific, financial, or statistical context,
the original and supporting data are generated, and the analytic results
are developed, using sound statistical and research methods.
Third-party Information. Third-party information from both domestic
and international sources, such as states, municipalities, agencies and
private entities may be included in information that TA disseminates.
Although third-party sources may not be directly subject to Section 515,
information from such sources, when used by TA to develop information
products or to form the basis of a decision or policy, must be of known
quality and consistent with NOAA's information quality guidelines. When
such information is used, any limitations, assumptions, collection methods,
or uncertainties concerning it are taken into account and disclosed.
Corporate and General Information
Corporate and general information disseminated by TA is presented in
a clear, complete, and unbiased manner, and in a context that enhances
usability to the intended audience. The sources of the disseminated information
are identified to the extent possible, consistent with confidentiality,
privacy, and security considerations and protections, and taking into
account timely presentation, the medium of dissemination, and the importance
of the information, balanced against the resources required and the time
available.
Information disseminated by TA is reliable and accurate to an acceptable
degree of error as determined by factors such as the importance of the
information, the intended use, time sensitivity, expected degree of permanence,
relation to the primary mission(s) of the disseminating office, and the
context of the dissemination, balanced against the resources required
and the time available. A body of information is considered to be reliable
if experience shows it to be generally accurate. Accurate information,
in the case of non-scientific, non-financial, non- statistical information,
means information which is reasonably determined to be factually correct
in the view of the disseminating office as of the time of dissemination.
Review of corporate and general information disseminated by TA is incorporated
into the normal process of formulating the information. This review is
at a level appropriate to the information, taking into account the information's
importance, balanced against the resources required and the time available.
Department operating units treat information quality as integral to every
step of an agency's development of information, including creation, collection,
maintenance, and dissemination.
Review can be accomplished in a number of ways, including but not limited
to combinations of the following:
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Active personal review of information by supervisory and management
layers, either by reviewing each individual dissemination, or selected
samples, or by any other reasonable method.
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Use of quality check lists, charts, statistics, or other means of
tracking quality, completeness, and usefulness.
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Process design and monitoring to ensure that the process itself
imposes checks on information quality.
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Review during information preparation.
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Use of management controls.
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Any other method which serves to enhance the accuracy, reliability,
and objectivity of the information.
Technical, Financial, and Statistical Information
Information disseminated by TA is presented in a clear, complete, and
unbiased manner, and in a context which enhances usability to the intended
audience. The sources of the disseminated information are identified
to the extent possible, consistent with confidentiality, privacy, and
security considerations and protections, and taking into account timely
presentation, the medium of dissemination, and the importance of the
information, balanced against the resources required and the time available.
Information disseminated by TA is reliable and accurate to an acceptable
degree of error as determined by factors such as the importance of the
information, its intended use, time sensitivity, expected degree of permanence,
relation to the primary mission(s) of the disseminating office, and the
context of the dissemination, balanced against the resources required
and the time available. A body of information is considered to be reliable
if experience shows it to be generally accurate. Accurate information,
in the case of scientific, financial, and statistical information, means
information which is reasonably determined to be factually correct in
the view of the disseminating office as of the time of dissemination.
Pre-dissemination Review Process for Information
The pre-dissemination review process enables TA to substantiate the
quality of disseminated scientific information through documentation
or other means appropriate to the nature and importance of the information,
balanced against resources required and the time available.
Pre-dissemination review of information disseminated by TA is incorporated
into the normal review processes for each type of information to take
advantage of inherent quality checks that are part of the process of
formulating the information. This review is at a level appropriate to
the information, taking into account the information's importance, balanced
against the resources required and the time available. TA treats information
quality as integral to every step in their process of developing the
information, including creation, collection, maintenance, and dissemination.
All information disseminated by TA receives a level of scrutiny commensurate
with the critical nature of the information and its intended use.
Pre-dissemination review of scientific information can be accomplished
in a number of ways, including but not limited to combinations of the
following:
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Active personal review of information by supervisory and management
layers, either by reviewing each individual dissemination, or selected
samples, or by any other reasonable method.
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Use of quality check lists, charts, statistics, or other means of
tracking quality.
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Careful design and monitoring of review processes to ensure they
are effective.
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Peer monitoring during information preparation.
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Use of management controls.
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Review of comments from the public.
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Any other method which serves to enhance the objectivity, utility,
and integrity of the information.
PART III. ADMINISTRATIVE CORRECTION MECHANISM
A. Burden of Proof and Definitions
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Burden of Proof. The burden of proof is on the requester
to show both the necessity and type of correction sought. The requester
has the burden of rebutting the presumption that information subjected
to formal, independent peer review is objective.
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Definitions.
Affected person means an individual or entity that uses, benefits
from, or is harmed by the disseminated information at issue.
Person means an individual, partnership, corporation, association,
public or private organization, or State or local government.
Responsible office means the office within an agency that
is designated to make the initial decision on a request for correction
based on that agency's information quality standards.
B. Procedures for Submission of Initial Requests for Correction
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Requests to correct information. Any affected person (see "Definitions" below)
may request, where appropriate, timely correction of disseminated
information that does not comply with applicable information quality
guidelines. An affected person would submit a request for such action
directly to:
Office of Chief Counsel
Technology Administration
1401 Constitution Avenue, NW
Washington, DC 20230
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An initial request for correction of disseminated information must
be made in writing and submitted to the point of contact identified
in paragraph 1. above. Any employee receiving a misdirected request
should make reasonable efforts to forward the request to the point
of contact identified in paragraph 1. above, but the time for response
does not commence until the responsible office receives the request.
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No initial request for correction will be considered under these
procedures concerning:
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a matter not involving "information;"
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information that has not actually been "disseminated;" or
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disseminated information the correction of which would serve
no useful purpose. For example, correction of disseminated information
would serve no useful purpose with respect to information that
is not valid, used, or useful after a stated short period of
time (such as a weather forecast). However, this would not preclude
a request for correction alleging a recurring or systemic problem
resulting in repeated similar or consistent errors.
Additionally, requests that are duplicative, repetitious, or frivolous
may be rejected.
Any request rejected under this provision will nevertheless be accounted
for in the Department's report to OMB.
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At a minimum, to be considered proper, initial requests must
include:
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the requester's name, current home or business address, and
telephone number or electronic mail address (to assist with timely
communication);
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a statement that the request for correction of information is
submitted under Section 515 of Public Law 106-554 (to ensure
correct and timely routing);
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an accurate citation to or description of the particular information
disseminated which is the subject of the request, including:
the date and source from which the requester obtained the information;
the point and form of dissemination; an indication of which office
or program disseminated the information (if known); and any other
details that will assist in identifying the specific information
which is the subject of the request;
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an explanation of how the requester is affected; and
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a specific statement of how the information at issue fails to
comply with the applicable quality standards and why the requester
believes that the information is not correct.
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For any proper request (i.e. one including all the elements of III.B.4.)
above, the Chief Counsel forward the proper request to the Deputy
Under Secretary for Technology. The Chief Counsel will attempt to
communicate either a decision on the request, or a statement of the
status of the request and an estimated decision date, within 60 calendar
days after receipt of the request.
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No action will be taken regarding a request not including all the
elements of paragraph III.B.4. (including a request made by a person
unaffected by the dissemination of the information), or a request
that does not state a claim according to paragraph III.C.1. The submitter
of any such request will be notified, usually within 60 calendar
days, of this disposition, and, may amend the request and resubmit
it. Whether resubmitted or not, such requests will be accounted for
in the Department's annual report to OMB.
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A proper request received concerning information disseminated as
part of and during the pendency of the comment period on a proposed
rule or other action involving an opportunity for prior notice and
public comment, including a request concerning the information forming
the record of decision for such proposed rule or action, will be
treated as a comment filed on that proposed rule or action, and will
be addressed in issuance of any final rule or action.
C. Action by the Responsible Office on Initial Requests for Correction
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Upon receipt of a proper request, the head of the responsible office
will make a preliminary determination whether the request states
a claim. A request for correction states a claim if it reasonably
demonstrates, on the strength of the assertions made in the request
alone, and assuming they are true and correct, that the information
disseminated was based on a misapplication or non-application of
applicable published information quality standards. In other words,
to state a claim, a request for correction must actually allege that
TA disseminated some information that does not comply with the applicable
information quality standards.
A determination that a request does not state a claim will be communicated,
along with an explanation of the deficiencies, to the requester,
usually within 60 calendar days of receipt. The request may be amended
and resubmitted as indicated in paragraph III.B.5 above.
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If a proper request is preliminarily determined to state a claim,
the Deputy Under Secretary for Technology will objectively investigate
and analyze relevant material to determine whether the disseminated
information complies with the applicable published information quality
standards. The Deputy Under Secretary for Technology will make an
initial decision, based on the request and any internal investigation
and analysis, whether the information should be corrected because
it does not comply with the applicable information quality standards
("granted request") or not corrected because it does comply with
the applicable information quality standards ("initial denial").
The Deputy Under Secretary for Technology will make an initial decision
whether the information should be corrected and what, if any, corrective
action should be taken. No opportunity for personal appearance, oral
argument, or hearing is provided.
If the agency determines that corrective action is appropriate,
corrective measures may be taken through a number of forms, including
but not limited to: personal contacts via letter or telephone, form
letters, press releases, postings on an appropriate website, or withdrawal
of the information in question. The form of corrective action will
be determined by the nature and timeliness of the information involved
and such factors as the significance of the error on the use of the
information, and the magnitude of the error.
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The Deputy Under Secretary for Technology will communicate his/her
initial decision or the status of the request through the Chief Counsel,
who will communicate the initial decision to the requester, usually
within 60 calendar days after it is received.
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The initial decision or status update will contain the name and
title of the Deputy Under Secretary for Technology and a notice that
the requester may appeal an initial denial to the Deputy Under Secretary
for Technology, pursuant to paragraph III.D.1. below, within 30 calendar
days of the date of the initial denial.
An initial denial will become a final decision if no appeal is filed
within 30 calendar days.
D. Appeals from Initial Denial
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An appeal from an initial denial must be made within 30 calendar
days of the date of the initial decision. Such appeal and must be
in writing and addressed to:
Deputy Under Secretary for Technology
U.S. Department of Commerce
1401 Constitution Avenue, NW
Washington, DC 20230
An appeal of an initial denial must include:
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the requester's name, current home or business address, and
telephone number or
electronic mail address (in order to ensure timely communication);
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a copy of the original request and any correspondence regarding
the initial denial; and
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a statement of the reasons why the requester believes the initial
denial was in error.
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Where an initial denial has been made concerning information that
is part of a rule or other action identified in paragraph III.B.7.,
and an administrative appeal mechanism, such as a reconsideration
process, exists, an appeal will be considered pursuant to that process.
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The Deputy Under Secretary for Technology will decide whether the
information should be corrected based on all the information presented
in the appeal record. No opportunity for personal appearance, oral
argument, or hearing on appeal is provided. The Deputy Under Secretary
for Technology will communicate that decision to the requester usually
within 60 calendar days after receipt of the appeal. The decision
of the Deputy Under Secretary for Technology will constitute a final
decision by the DOC.
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