Collapse to view only § 1321.4 - Supporting the four fundamental responsibilities.
- § 1321.1 - Purpose.
- § 1321.2 - Definitions.
- § 1321.3 - General provisions.
- § 1321.4 - Supporting the four fundamental responsibilities.
- § 1321.5 - Relevance and timeliness.
- § 1321.6 - Credibility and accuracy.
- § 1321.7 - Objectivity.
- § 1321.8 - Confidentiality.
- § 1321.9 - Compliance review.
§ 1321.1 - Purpose.
This part is issued under the authority of the Budget and Accounting Procedures Act of 1950; the Paperwork Reduction Act of 1995; the Information Quality Act; title III of the Foundations for Evidence-Based Policymaking Act of 2018 (Evidence Act), also known as the Confidential Information Protection and Statistical Efficiency Act of 2018 (CIPSEA 2018); and other provisions of the Evidence Act. The Office of Management and Budget (OMB), in its role as coordinator of the Federal statistical system under the Paperwork Reduction Act, is required to ensure the efficiency and effectiveness of the system, as well as the integrity, objectivity, impartiality, utility, and confidentiality of information collected or used for statistical purposes. This part is issued to meet the requirements under 44 U.S.C. 3563(c) and to strengthen and support the quality of Federal statistical information.
§ 1321.2 - Definitions.
The following terms, as used in this part, are defined as follows:
Accurate, when used with respect to statistical activities, means statistics are correct and consistently match the events and trends being measured.
Agency means any entity that falls within the definition of the term executive agency, as defined in 31 U.S.C. 102, or agency, as defined in 44 U.S.C. 3502.
Chief Statistician of the United States means the Chief Statistician appointed under 44 U.S.C. 3504(e)(7).
Component means a sub-agency, office, unit, bureau, or other distinct entity when that entity is within an agency that contains a Recognized Statistical Agency or Unit.
Confidential statistical data means any information that is acquired for exclusively statistical purposes and under an obligation not to disclose the information to an unauthorized party.
Confidentiality means a quality or condition accorded to information as an obligation not to disclose that information to an unauthorized party.
Core component means any support component and any component that performs any agency-wide function, such as the offices of Chief Data Officer, Evaluation Officer, Senior Agency Official for Privacy, Chief Information Officer, Chief FOIA Officer, and similar functions.
Data users means individuals or groups of individuals who use Federal statistical information.
Dissemination means the government-initiated distribution of information to a nongovernment entity, including the public. The term dissemination does not include distribution limited to Federal Government employees, intra-agency or interagency use or sharing of Federal information, or responses to requests for agency records under the Freedom of Information Act (5 U.S.C. 552) or the Privacy Act (5 U.S.C. 552a).
Equitable access means that statistical products are disseminated in a manner that does not privilege any one person or group over another, with exceptions only as provided in statutes, rules, or Office of Management and Budget-promulgated policies or guidance.
Fundamental responsibilities means the responsibilities of Recognized Statistical Agencies and Units listed in 44 U.S.C. 3563(a)(1).
Identifiable form means any representation of information that permits the identity of the individual or entity to whom the information applies to be reasonably inferred by either direct or indirect means.
Information means any communication or representation of knowledge such as facts or data, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual forms. This definition includes information that an agency disseminates from a web page, but does not include the provision of hyperlinks to information that others disseminate. This definition does not include opinions, where the agency's presentation makes it clear that what is being offered is someone's opinion rather than fact or the agency's views.
Information provider denotes members of the public; other agencies of the Federal Government; and organizations outside of the Federal Government, such as State, local, territorial, and Tribal governments, businesses, and other organizations or entities, that provide information to a Recognized Statistical Agency or Unit.
Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information.
Integrity, when used with respect to statistical information, refers to the quality of information that is protected against improper modification or destruction, and includes ensuring information nonrepudiation and authenticity.
Nonstatistical purpose—
(1) Means the use of data in identifiable form for any purpose that is not a statistical purpose, including any administrative, regulatory, law enforcement, adjudicatory, or other purpose that affects the rights, privileges, or benefits of a particular identifiable respondent; and
(2) Includes the disclosure under 5 U.S.C. 552 of data that are acquired for exclusively statistical purposes under an obligation of confidentiality.
Objective, when used with respect to statistical activities, means accurate, clear, complete, and unbiased.
Parent agency means the following components in an agency that contains a Recognized Statistical Agency or Unit: the parent agency head, each organizational level within the agency under which the Recognized Statistical Agency or Unit is positioned, and each core component.
Parent agency head means the head of the highest organizational level of an agency that contains a Recognized Statistical Agency or Unit.
Recognized Statistical Agency or Unit means an agency or organizational unit of the executive branch whose activities are predominantly the collection, compilation, processing, or analysis of information for statistical purposes, as designated by the Director of the Office of Management and Budget under 44 U.S.C. 3562.
Reference date is the time period to which data refer.
Relevant, when used with respect to statistical information, means processes, activities, and other such matters likely to be useful to policymakers and public and private sector data users.
Respondent means a person who, or organization that, is requested or required to supply information to an agency, is the subject of information requested or required to be supplied to an agency or provides that information to an agency.
Statistical activities means the collection, compilation, processing, or analysis of data for the purpose of describing or making estimates concerning the whole of, or relevant groups or components within, the economy, society, or the natural environment and includes the development of methods or resources that support those activities, such as measurement methods, models, statistical classifications, or sampling frames.
Statistical information means information produced from statistical activities.
Statistical laws means 44 U.S.C. chapter 35, subchapter III, and other laws pertaining to the protection of information collected for statistical purposes as designated by the Director of the Office of Management and Budget.
Statistical press release is an announcement to media of a statistical product release that contains the title, subject matter, release date, internet address of, and other available information about the statistical product, as well as the name of the Recognized Statistical Agency or Unit issuing the product and may include any executive summary information or key findings section as shown in the statistical product. A statistical press release is one that provides a policy neutral description of the data and does not include policy pronouncements.
Statistical products means information dissemination products that are published or otherwise made available for public use that describe, estimate, forecast, or analyze the characteristics of groups, customarily without identifying the persons or organizations that comprise such groups or individual data observations with respect to those persons or organizations. Statistical products include general-purpose tabulations, analyses, projections, forecasts, or other statistical reports. Statistical products include products of any form, including both printed and electronic forms.
Statistical purpose—
(1) Means the description, estimation, or analysis of the characteristics of groups, without identifying the individuals or organizations that comprise such groups; and
(2) Includes the development, implementation, or maintenance of methods, technical or administrative procedures, or information resources that support the purposes described in paragraph (1) of this definition.
Support component means a component that supports the programmatic functions in achieving the agency's mission, including legal, human resources, communications, legislative affairs, budget, information technology (IT), or procurement functions, but excludes any component of a Recognized Statistical Agency or Unit.
Timeliness or timely refers to the dissemination of statistical products and information at their scheduled release time or, in instances where there is no scheduled release time, the dissemination of statistical products or information as close to the event being measured as possible.
Transparent means characterized by providing as much information about the quality of and methods used to produce statistical products as practicable without compromising confidentiality.
§ 1321.3 - General provisions.
(a) Complementary application. This part should be read as complementary to existing Office of Management and Budget guidance or Statistical Policy Directives to the extent they are consistent. Effective December 10, 2024, this part supersedes any guidance or Statistical Policy Directives to the extent that they conflict.
(b) Responsibility of Recognized Statistical Agency or Unit. Responsibilities assigned to a Recognized Statistical Agency or Unit under this part are ultimately the responsibility of the head of the Recognized Statistical Agency or Unit, or their designee, unless otherwise specified in this part.
(c) Responsibility of parent agency. Responsibilities assigned to a parent agency under this part are ultimately the responsibility of parent agency head, or their designee, unless otherwise specified in this part.
(d) Deviations. To the extent that a parent agency or Recognized Statistical Agency or Unit determines that it is either appropriate or necessary to deviate from a standard parent agency-level process to ensure compliance with this part, the parent agency and the Recognized Statistical Agency or Unit must discuss and determine how to address such deviation, including determining where responsibility lies for compliance with other applicable laws and rules.
(e) Direct working relationships. When an agency or component has a direct working relationship with a Recognized Statistical Agency or Unit, the agency or component must uphold the responsibilities of a parent agency under this part, to the extent that a responsibility applies.
(f) Consultation. In implementing statistical laws, this part, or other related statistical policies, the head of a Recognized Statistical Agency or Unit should consult with the Chief Statistician of the United States as necessary.
§ 1321.4 - Supporting the four fundamental responsibilities.
(a) In general. Each Recognized Statistical Agency or Unit is charged with the fundamental responsibilities. Each agency is directed to enable, support, and facilitate Recognized Statistical Agencies and Units in carrying out these fundamental responsibilities.
(b) Communication. The heads of Recognized Statistical Agencies and Units and parent agencies must engage in regular communication with and seek to educate each other.
(c) Development and revision of policies. In consultation with the Recognized Statistical Agency or Unit, each parent agency must:
(1) Not later than December 10, 2026, and consistent with statutory obligations, revise any rules, policies, practices, or organizational structures that impede the Recognized Statistical Agency or Unit's ability to meet its fundamental responsibilities or impede the parent agency's ability to enable, support, and facilitate the Recognized Statistical Agency or Unit in carrying out its fundamental responsibilities, including the parent agency's ability to delegate responsibilities under this part;
(2) Consider the fundamental responsibilities when new rules, policies, practices, organizational structures, or budgets are developed; and
(3) Ensure that its rules, policies, practices, and agreements support the ability of Recognized Statistical Agencies and Units to:
(i) Present and maintain accurate information; and
(ii) Make timely corrections or updates to its statistical products or data when the Recognized Statistical Agency or Unit determines such updates are needed; and
(iii) Meet its responsibility for producing relevant and timely statistical products.
(d) Innovation and burden reduction. Each Recognized Statistical Agency or Unit must:
(1) Seek to continually improve its statistical products and methods and engage in research to support innovation in data collection, analysis, and dissemination, among other statistical activities;
(2) Maximize the utility and minimize duplication of its statistical products; and
(3) Minimize the burden on its respondents, including by engaging with other Recognized Statistical Agencies and Units to identify opportunities to better meet these goals.
(e) Websites and branding. Each Recognized Statistical Agency or Unit must:
(1) Participate in the development of coordinated and complementary system-wide branding in collaboration with the Chief Statistician of the United States;
(2) Maintain a website clearly branded with the name of the Recognized Statistical Agency or Unit to provide information to information providers, data users, and the general public;
(3) Include clear branding with the name of the Recognized Statistical Agency or Unit on all websites, statistical products, and statistical press releases; and
(4) Make available to the public on the website required under this paragraph (e):
(i) A mission statement that clearly describes the purpose of the Recognized Statistical Agency or Unit's statistical programs and its commitment to each of the fundamental responsibilities;
(ii) A strategic plan that is consistent with the requirements in 5 U.S.C. 306, which describes the Recognized Statistical Agency or Unit's goals and provides specific, measurable objectives and performance metrics and is assessed no less than every four years alongside and in alignment with the parent agency's strategic plans;
(iii) A list of relevant legislation, rules, and policies or management orders, including those defining organizational placement, that govern the Recognized Statistical Agency or Unit's ability to maintain its commitment to these four fundamental responsibilities;
(iv) Each policy or standard required under this part; and
(v) Any other information as determined by the head of the Recognized Statistical Agency or Unit.
(f) Websites and branding support. Each parent agency head must ensure its Recognized Statistical Agency or Unit has:
(1) Sufficient resources to develop and maintain its website required under paragraph (e) of this section;
(2) The necessary authority and autonomy to determine the content, functionality, appearance, and layout of its website required under paragraph (e) of this section; and
(3) The capacity to directly update the content, functionality, appearance, and layout of the website required under paragraph (e) of this section without reliance on any parent agency official unless the official is directly assigned to the Recognized Statistical Agency or Unit.
(g) Budget formulation. It is important that each Recognized Statistical Agency or Unit have the appropriate resources to carry out the fundamental responsibilities set forth in this part.
(1) Each parent agency, in coordination with the Recognized Statistical Agency or Unit, must produce a budget request specific to the Recognized Statistical Agency or Unit that is fully compliant with the requirements of Office of Management and Budget Circular No. A-11 and is presented separately (i.e., clearly presented as the request for the Recognized Statistical Agency or Unit with figures and justification specific to the Recognized Statistical Agency or Unit) as part of the parent agency's annual budget submission to the Office of Management and Budget.
(2) Each parent agency must provide to the head of each Recognized Statistical Agency or Unit an opportunity to participate with the parent agency in discussions or engagements with the Office of Management and Budget specific to the Recognized Statistical Agency or Unit's budget request submitted in compliance with paragraph (g)(1) of this section.
(3) If a parent agency and a Recognized Statistical Agency or Unit determine that the annual budget submission to the Office of Management and Budget lacks sufficient resources for the Recognized Statistical Agency or Unit to carry out the responsibilities set forth in this part, the parent agency, in coordination with the Recognized Statistical Agency or Unit, must include in the budget submission to the Office of Management and Budget a written explanation of this determination, the programmatic implications, and the tradeoffs that would be necessary to provide the necessary resources to the Recognized Statistical Agency or Unit under the parent agency budget submission.
(h) Capacity. It is important that each Recognized Statistical Agency or Unit have the capacity to carry out the fundamental responsibilities set forth in this part.
(1) If a parent agency and a Recognized Statistical Agency or Unit determine (e.g., through the agency capacity assessment or other means) that the Recognized Statistical Agency or Unit does not have the capacity to carry out the fundamental responsibilities set forth in this part, the parent agency and the Recognized Statistical Agency or Unit should jointly develop options for addressing capacity needs and, to the extent practicable, make the necessary resources available.
(2) If the Recognized Statistical Agency or Unit determines it does not have the capacity to carry out the fundamental responsibilities set forth in this part, the head of the Recognized Statistical Agency or Unit should submit to the Chief Statistician of the United States and the relevant Resource Management Office in the Office of Management and Budget a written explanation of the capacity deficit, including an estimate of the amount of resources, labor, or other support needed to address the capacity deficit and a detailed description of the anticipated impact of the current capacity.
(3) When a Recognized Statistical Agency or Unit relies on a support component from a parent agency:
(i) The Recognized Statistical Agency or Unit must, to the greatest extent possible, allocate labor resources to ensure that one or more employees, depending on the size of the Recognized Statistical Agency or Unit, are knowledgeable of the support component, its policies and processes, and best practices for interacting with the support component.
(ii) The parent agency must designate at least one employee of each support component to serve as a liaison for the Recognized Statistical Agency and Unit and ensure each designated employee is knowledgeable of the Recognized Statistical Agency or Unit and its fundamental responsibilities and is capable of effective intra-agency communication.
(iii) The support component and the Recognized Statistical Agency or Unit must work collaboratively to ensure the support component meets the relevant needs of the Recognized Statistical Agency or Unit in a manner that complies with this part and all applicable laws.
(4) When a Recognized Statistical Agency or Unit relies on services or software from a support component:
(i) Prior to making or renewing an award for services or software that will directly affect a Recognized Statistical Agency or Unit's ability to meet the fundamental responsibilities, the relevant support component official must coordinate with the head of the Recognized Statistical Agency or Unit to avoid binding actions and decisions that would conflict with the Recognized Statistical Agency or Unit's ability to carry out its fundamental responsibilities.
(ii) The relevant support component official must ensure that the service or software is sufficient for the Recognized Statistical Agency or Unit to meet its obligation to carry out its fundamental responsibilities. The head of the Recognized Statistical Agency or Unit must clearly communicate the needs of the Recognized Statistical Agency or Unit to meet its obligation to carry out its fundamental responsibilities. If requested by the relevant support component official, the head of the Recognized Statistical Agency or Unit must provide a written list explicitly defining the requirements needed of the service or software to meet its obligation to carry out its fundamental responsibilities.
(iii) If requested by the head of the Recognized Statistical Agency or Unit, the head of the Recognized Statistical Agency or Unit and the head of the support component must enter into a written agreement, and the support component must provide the service or software in accordance with such agreement.
(iv) The Recognized Statistical Agency or Unit may obtain the service or software separately from the parent agency or support component if they are unable to reach an agreement or, at any point in time, the service or software is not able to be supplied in accordance with the agreement.
(v) If the Recognized Statistical Agency or Unit determines it is necessary to obtain services or software separately from the parent agency, the Recognized Statistical Agency or Unit, in coordination with relevant core component officials, must notify the parent agency head. This notification must include an explanation of why it is necessary to obtain services or software separately and an attestation that the Recognized Statistical Agency or Unit remains in compliance with relevant law and policy. If the parent agency is unable to provide the separate service or software, the parent agency, in coordination with the Recognized Statistical Agency or Unit, must notify the Office of Management and Budget in the written explanation required under paragraph (g)(3) of this section.
(i) Decision-making authority. The heads of Recognized Statistical Agencies and Units must have the appropriate decision-making authority with respect to their statistical products, statistical information, and statistical activities. Unless otherwise prohibited by statute, when a statute, rule, or policy authorizes any other agency official to make determinations directly affecting the ability of a Recognized Statistical Agency or Unit to carry out the fundamental responsibilities, the authorized official may delegate that responsibility in writing to the head of the Recognized Statistical Agency or Unit in accordance with paragraphs (i)(1) through (3) of this section.
(1) If the Recognized Statistical Agency or Unit determines that delegation is necessary to carry out its fundamental responsibilities, the Recognized Statistical Agency or Unit must notify the parent agency head.
(2) In making a determination regarding delegation under this paragraph (i), the parent agency head must:
(i) Consider the needs of the Recognized Statistical Agency or Unit and ensure it has all necessary and appropriate authority to carry out its fundamental responsibilities; and
(ii) Ensure the decision is consistent with the government-wide application and interpretation of statistical laws, consulting with the Chief Statistician of the United States as appropriate.
(3) To the extent permissible under law, the individual to whom a responsibility has been delegated under this paragraph (i) must consult with the delegating official in carrying out such responsibility.
(j) Delegation of duties. The Office of Management and Budget must implement its authorities and responsibilities in a manner that enables, supports, and facilitates Recognized Statistical Agencies and Units in carrying out their fundamental responsibilities in a manner consistent with this part. The Chief Statistician of the United States is authorized by statute to carry out the statistical functions set out in 44 U.S.C. 3504(e) on behalf of the Director of the Office of Management and Budget. In furtherance of that authority, the Director must delegate to the Chief Statistician of the United States the authority to carry out any of the functions or responsibilities under 44 U.S.C. chapter 35, subchapter III. The Administrator of the Office of Information and Regulatory Affairs must delegate to the Chief Statistician of the United States the review and approval of proposed collections of information submitted to the Office of Management and Budget by Recognized Statistical Agencies and Units.
§ 1321.5 - Relevance and timeliness.
(a) Responsibilities. Each Recognized Statistical Agency or Unit must uphold the responsibility to produce and disseminate relevant and timely statistical information by carrying out its requirements under this section. Each parent agency must enable, support, and facilitate the Recognized Statistical Agency or Unit in carrying out its responsibility to produce and disseminate relevant and timely statistical information. Recognized Statistical Agencies and Units must determine:
(1) What statistical products to disseminate, including in the context of the Standard Application Process required under 44 U.S.C. 3583;
(2) The content of its statistical products; and
(3) The timing of disseminations.
(b) Relevance consultations. Each Recognized Statistical Agency or Unit must continually seek to understand the diverse interests and needs of policymakers, current and future data users, and the public to ensure statistical products are relevant.
(1) Each Recognized Statistical Agency and Unit must:
(i) Consult with parent agency officials to assess and seek improvements to the relevance of its statistical products to users' needs and to inform what statistical products to produce and disseminate;
(ii) Consult, as the head of the Recognized Statistical Agency or Unit determines is appropriate, with other data users, including Congress, other agencies, and State, local, territorial, or Tribal governments, to assess and seek improvements to the relevance of its statistical products to users' needs and to inform what statistical products to produce and disseminate;
(iii) Be knowledgeable about programs and policies relating to its subject domains;
(iv) Coordinate and communicate across agencies when planning information collections and dissemination activities; and
(v) Keep abreast of interests and analytical goals of data users.
(2) Each parent agency must:
(i) Share relevant policy and program needs with sufficient detail to allow the Recognized Statistical Agency or Unit to be responsive to those needs;
(ii) Consult with the Recognized Statistical Agency or Unit as part of the stakeholder engagement process when developing the agency evidence-building plan (learning agenda) required under 5 U.S.C. 312, in alignment with Office of Management and Budget guidance; and
(iii) Allow the Recognized Statistical Agency or Unit to establish, determine the membership of, and manage advisory groups or other means of systematic stakeholder engagement, in accordance with applicable law.
(c) Maximizing timeliness. (1) Each Recognized Statistical Agency or Unit must maximize the timeliness of statistical products by minimizing the time interval between the release of statistical products and the reference date to the extent practicable, considering available resources and the effects on the other quality dimensions of the information products, and consult with the parent agency regarding the availability of relevant support components required to support the release of statistical products.
(2) Each parent agency must support efforts to maximize timeliness of statistical products by ensuring the Recognized Statistical Agency or Unit is aware of any emerging needs and providing necessary resources to respond to such emerging need.
(3) In any instance where a parent agency observes that a Recognized Statistical Agency or Unit is not upholding the timeliness of statistical products, consistent with paragraph (c)(1) of this section, the parent agency, after consultation with the head of the Recognized Agency or Unit, head must notify the Chief Statistician of the United States.
(d) Schedule of release dates. Each Recognized Statistical Agency or Unit must publicly announce and adhere to a schedule for the release of statistical products.
(1) Each Recognized Statistical Agency or Unit must:
(i) On the website required under § 1321.4, publish a schedule containing the date of release of its regular and recurring statistical products for the next calendar year prior to the beginning of that calendar year;
(ii) Publish the date for release of non-regular or non-recurring statistical products on the schedule required under paragraph (d)(1)(i) of this section as soon as the date is established;
(iii) Designate a point of contact responsible for information about the release schedule and make its contact information readily available to the public on the website required under § 1321.4;
(iv) Minimize changes to the release schedule after it has been published to accommodate only special, unforeseen circumstances; and
(v) If the release date of a statistical product is changed after the schedule has been published, publicly announce the change to the schedule as soon as possible, provide a detailed explanation for such change and, for regular and recurring statistical products, notify the Chief Statistician of the United States.
(2) Each parent agency must support adherence to the published schedule by:
(i) Communicating any parent agency activities or processes that could impact the timing of dissemination activities to the Recognized Statistical Agency or Unit before the schedule is published; and
(ii) If involved in dissemination activities, preparing for dissemination of statistical products in accordance with the published schedule.
§ 1321.6 - Credibility and accuracy.
(a) Responsibilities of each Recognized Statistical Agency or Unit. Each Recognized Statistical Agency or Unit must uphold the responsibility to conduct credible and accurate statistical activities by carrying out its duties under this paragraph (a). The Recognized Statistical Agency or Unit must determine the appropriate methods, processes, policies, and general conduct of its statistical activities. Each Recognized Statistical Agency or Unit must:
(1) Maintain publicly available policies and standards on the quality of the information used by the Recognized Statistical Agency or Unit and the statistical products it disseminates, by:
(i) Developing and making available to the public policies and standards to ensure the credibility and accuracy of all statistical products and data disseminated by the Recognized Statistical Agency or Unit;
(ii) Regularly reviewing, maintaining, and improving the policies in paragraph (a)(1)(i) of this section and the methods used to implement them to ensure they are current and effective; and
(iii) Establishing policies and procedures, in consultation with the parent agency's Chief Data Officer and Evaluation Officer, for assessing the quality of data that is used by the Recognized Statistical Agency or Unit but does not originate from the Recognized Statistical Agency or Unit;
(2) Publicly provide documentation for its statistical products, including:
(i) Descriptions of methods and procedures used in designing, collecting, processing, editing, compiling, storing, analyzing, and disseminating information to users, as applicable;
(ii) Indicators of data quality sufficient to allow data users to assess the fitness of the data for their own purposes;
(iii) Descriptions of known limitations or sources of error in the data;
(iv) Citation to source materials where feasible; and
(v) Identification of errors in the statistical products discovered after their release;
(3) Ensure that the Recognized Statistical Agency or Unit lifecycle data management practices adhere to all applicable statutes and standards and guidance issued by the Office of Management and Budget;
(4) Adhere to all applicable statutes and current Office of Management and Budget peer review policies when submitting articles to refereed journals, presenting at professional conferences, and engaging in peer review activities, including OMB M-05-03, Final Information Quality Bulletin for Peer Review, and any successor policies; and
(5)(i) Determine the appropriateness of and process for providing professional autonomy to employees of the Recognized Statistical Agency or Unit, including allowing employee engagement in professional development activities such as participating in peer review, publication, or professional associations, and attending and presenting at professional conferences without review or approval from the parent agency, subject to applicable statutes.
(ii) When implementing paragraph (a)(5)(i) of this section, ensure all statutory requirements, such as ethics, are met.
(b) Responsibilities of each parent agency. Each parent agency must enable, support, and facilitate the Recognized Statistical Agency and Unit in carrying out its responsibility to conduct credible and accurate statistical activities. Each parent agency must:
(1) Ensure the Recognized Statistical Agency or Unit has sufficient autonomy to maintain its own standards for the quality of the data used and the statistical information it produces and to determine whether its statistical products are of sufficient quality for dissemination. Unless otherwise prohibited by statute, when a statute, rule, or policy authorizes any other agency official to make such determinations, that responsibility must be delegated to the head of the Recognized Statistical Agency or Unit;
(2) Prohibit its employees, contractors, and agents, other than those designated by the releasing Recognized Statistical Agency or Unit head, from publicly commenting on any data released by the Recognized Statistical Agency or Unit until after the official release of the data;
(3) Permit the Recognized Statistical Agency or Unit to determine whether statistical disseminations, including related statistical press releases or publicity materials not containing policy pronouncements, should be disseminated by or through the parent agency and, if so, ensure that statistical information attributable to the Recognized Statistical Agency or Unit disseminated by or through the parent agency is not altered in any way not authorized by the head of such Recognized Statistical Agency or Unit; and
(4) Allow the head of the Recognized Statistical Agency or Unit to determine the appropriateness of and process for providing professional autonomy to employees of the Recognized Statistical Agency or Unit to submit articles that do not address policy, management, or budget issues, and that do not contain legally privileged information or information legally prohibited from disclosure, to refereed journals; present at professional conferences; and engage in peer review activities without requiring approval from outside of the Recognized Statistical Agency or Unit, unless such approval is required by law. When approval outside of the Recognized Statistical Agency or Unit is required, such as ethics approval, the parent agency must either:
(i) Assign the support component employee that will conduct these reviews to report to the head of the Recognized Statistical Agency or Unit; or
(ii) Ensure that the support component employee conducting the review, in coordination with the liaison designated in § 1321.4, provides sufficient information and advice, including a recommendation if appropriate, to the head of the Recognized Statistical Agency or Unit so that such head may make an informed decision regarding approval.
§ 1321.7 - Objectivity.
(a) Responsibilities of each Recognized Statistical Agency and Unit. Each Recognized Statistical Agency and Unit must uphold the responsibility to conduct objective statistical activities by carrying out its duties under this paragraph (a). The Recognized Statistical Agency or Unit must determine the policies and practices that ensure objectivity of its statistical activities, including ensuring equitable access to the statistical products it disseminates. Each Recognized Statistical Agency or Unit must:
(1) Produce statistical products that are impartial and free from undue influence and the appearance of undue influence by:
(i) Employing transparent and reproducible methods and processes in producing statistical products, to the extent feasible and consistent with the protection of confidential statistical data;
(ii) Disseminating impartial statistical products in a clear and complete manner, without limitation or selection to promote a particular policy position or group interest; and
(iii) Announcing dissemination activities, such as through statistical press releases or on the Recognized Statistical Agency or Unit's website, in a manner designed to be factual, comprehensive, accurate, easily understood by the public, and without favor to a particular policy position or group interest;
(2) Ensure data users have equitable access to its statistical products by:
(i) Making public releases available to all data users at the same time, with limited exceptions as allowable in OMB Statistical Policy Directives, in accordance with the scheduled release date;
(ii) Disseminating and making available to the public free of charge any statistical product deemed suitable for public dissemination that has been provided to any other data user; and
(iii) For confidential statistical data that are not deemed suitable for public dissemination, ensuring policies and procedures for granting access are applied consistently, in accordance with statute, rules and guidance issued by the Office of Management and Budget to implement 44 U.S.C. 3582 and 3583, and other applicable authorities that govern access to confidential statistical data;
(3) Determine the necessary qualifications for and allocate available labor resources among different job positions supporting the Recognized Statistical Agency or Unit's lifecycle data management (e.g., economists, statisticians, data scientists, information technology (IT) specialists, and other subject matter experts) and evaluate candidates based on assessments of scientific and technical knowledge, credentials, and experience; and
(4) Consistent with applicable law and policy, maintain functional separation from any administrative, regulatory, law enforcement, and policymaking functions at any parent agency or at the Recognized Statistical Agency or Unit by maintaining exclusive authority within the Recognized Statistical Agency or Unit for granting access to its confidential statistical data and the information systems that hold confidential statistical data.
(b) Responsibilities of each parent agency. Each parent agency must enable, support, and facilitate the Recognized Statistical Agency and Unit in carrying out its responsibility to conduct objective statistical activities. Each parent agency must—
(1) Allow the publication of statistical products without requiring clearance of the content from offices or officials outside of the Recognized Statistical Agency or Unit, and allow the Recognized Statistical Agency and Unit to respond to inquiries from external interested communities and stakeholders, including the media, the Congress, and others, about its statistical products in a manner that ensures appropriate consultation with the parent agency without the parent agency requiring review, approval, or edits to the response, unless responses to those inquiries include matters related to policy, budget, or management issues; legally privileged information; or matters affecting current or future litigation;
(2) Support the impartiality of the Recognized Statistical Agency and Unit in its production and dissemination of statistical products by ensuring it is permitted to determine the methods for conducting statistical activities for statistical purposes and for disseminating statistical products. Unless otherwise prohibited by statute, when a statute, rule, or policy authorizes any other agency official to make such determinations, that responsibility must be delegated to the head of the Recognized Statistical Agency or Unit, as described in § 1321.4(b);
(3) Ensure compliance with 44 U.S.C. 3520(d);
(4) Ensure that the resources of the Recognized Statistical Agency or Unit are managed by the Recognized Statistical Agency or Unit in accordance with the fundamental responsibilities described in this part by allowing the Recognized Statistical Agency or Unit to:
(i) Maintain and determine the functional requirements, specifications, and performance capabilities of the information technology it uses to conduct statistical activities and disseminate statistical products;
(ii) Determine the presentation of statistical information and the timing of when statistical information is disseminated;
(iii) Allocate its labor resources among different job positions;
(iv) Develop, explain, and respond directly to queries about resource needs through congressional and executive branch budget processes, as those processes are established through OMB Circular A-11; and
(5) Support the autonomy of the Recognized Statistical Agency or Unit to manage and control its data by ensuring that the Recognized Statistical Agency and Unit has the authority to make all determinations regarding:
(i) The governance of its data, including the archiving of its data;
(ii) Access to its confidential statistical data and the information systems that hold confidential statistical data; and
(iii) The approval, direction, and management of the use of its confidential statistical data by external parties for purposes of developing evidence, as defined in the 44 U.S.C. 3561 and relevant Office of Management and Budget policies, including the authority for ensuring compliance with the Standard Application Process required under 44 U.S.C. 3583 and related guidance.
§ 1321.8 - Confidentiality.
(a) Responsibilities of each Recognized Statistical Agency and Unit. Each Recognized Statistical Agency and Unit must uphold the responsibility to protect the trust of information providers by ensuring the confidentiality and exclusive statistical use of confidential statistical data by carrying out its duties under this paragraph (a). The Recognized Statistical Agency or Unit must determine whether the tools, practices, and procedures employed to ensure the effective security of the confidential statistical data it holds comply with this part and with statistical laws. Each Recognized Statistical Agency or Unit must:
(1) Secure all confidential statistical data against unauthorized access. This includes:
(i) Ensuring that any information systems containing confidential statistical data employ effective barriers to restrict access such that only employees of the Recognized Statistical Agency or Unit or its authorized agents have access to such data. This must be done in accordance with the requirements of the Confidential Information Protection and Statistical Efficiency Act of 2018, codified as amended at 44 U.S.C. 3561-3576; other applicable statistical laws; and policies and guidance issued by the Office of Management and Budget, while also ensuring compliance with the Federal Information Security Modernization Act of 2014, codified as amended at 44 U.S.C. 3551-3558, and other applicable laws and policies;
(ii) Ensuring required security policies, configurations, and controls placed on information technology assets are appropriate to protect the confidentiality of confidential statistical data throughout the data lifecycle;
(iii) Controlling logical access to data storage assets containing confidential statistical data and restricting access to authorized personnel; and
(iv) Complying with paragraph (c) of this section;
(2) Ensure that confidential statistical data are not used for any nonstatistical purposes. This includes:
(i) Coordinating with the agency Chief Freedom of Information Act Officer to ensure appropriate application of exemptions pertaining to confidential statistical data in response to Freedom of Information Act requests;
(ii) Employing current best practices, including statistical disclosure avoidance methods and procedures, to minimize the risk of disclosing confidential statistical data; and
(iii) Complying with paragraph (c) of this section;
(3) Provide information to the public about the integrity, confidentiality, and impartiality of all confidential statistical data acquired and maintained under its authority, so that it retains the trust of its information providers and data users, by:
(i) Making readily accessible, for example, through its website, information about its policies on confidentiality and information security;
(ii) Developing and maintaining a comprehensive data inventory as required under 44 U.S.C. 3511 and related guidance; and
(iii) Complying with the Standard Application Process required under 44 U.S.C. 3583 and related guidance;
(4) Provide sufficient information to respondents to enable them to make an informed decision about whether to provide the requested information by:
(i) Providing notification statements to respondents to collections of information sponsored by the Recognized Statistical Agency or Unit consistent with this section, including the intended uses of the information being collected, potential future uses, their relevance for public purposes, and the extent of confidentiality protection that will be provided; and
(ii) When acquiring data from another agency, ensuring that any agreement with the providing agency addresses any legal requirements for notice and consent consistent with applicable law and applicable rules implementing 44 U.S.C. 3581;
(5) Maintain and develop professional staff, or identify appropriate ways to access professional staff, that are trained in statistical disclosure limitation and restricted access mechanisms to maximize the protection of the confidential statistical data throughout the data lifecycle, including creation or collection, processing, dissemination, use, storage, and disposition; and
(6) Inform employees, contractors, and other approved agents of the Recognized Statistical Agency or Unit of their responsibility not to willfully disclose confidential statistical data in an identifiable form, and of the legal consequences of such disclosure, such as the penalty in 44 U.S.C. 3572(f) that provides that any officer, employee, or approved agent of the Recognized Statistical Agency or Unit who willfully discloses such information is subject to fines and penalties, to include being guilty of a class E felony and imprisoned for not more than 5 years, or fined not more than $250,000, or both.
(b) Responsibilities of each parent agency. Each parent agency must enable, support, and facilitate the Recognized Statistical Agency or Unit in carrying out its responsibility to protect the trust of information providers by ensuring the confidentiality and exclusive statistical use of its information. Each parent agency must:
(1) Ensure that the Recognized Statistical Agency or Unit has the sole authority to provide access to its confidential statistical data. Unless otherwise prohibited by statute, when a statute, rule, or policy authorizes any other official to control access to such data, that responsibility must be delegated to the head of the Recognized Statistical Agency or Unit.
(2) Ensure that implementation of the Federal Information Technology Acquisition Reform Act, 40 U.S.C. 11319, is consistent with the Recognized Statistical Agency or Unit's responsibility to protect confidential statistical data from unauthorized use or disclosure, by:
(i) Ensuring that information technology policies appropriately safeguard and protect the integrity, confidentiality, and availability of confidential statistical data; and
(ii) Ensuring that confidential statistical data are protected by any effective security standards established in writing by the Recognized Statistical Agency or Unit.
(3) Ensure that the Senior Agency Official for Privacy consults with the Recognized Statistical Agency or Unit when the Senior Agency Official for Privacy performs duties related to the Recognized Statistical Agency or Unit's statistical activities, including under the Privacy Act of 1974, codified as amended at 5 U.S.C. 552a; the E-Government Act of 2002, codified at 44 U.S.C. 3501 note; and other applicable statutory requirements, including:
(i) Conducting Privacy Impact Assessments on information technology systems that store and process confidential statistical data, as required by law and Office of Management and Budget guidance;
(ii) Responding to Privacy Act requests to access or amend confidential statistical data maintained by the Recognized Statistical Agency or Unit; and
(iii) Responding to breaches of confidential statistical data containing personally identifiable information in a way that complies with law and policy and is sensitive to the Recognized Statistical Agency or Unit's need to maintain the public trust.
(4) Ensure that the agency Chief Freedom of Information Act Officer coordinates with the Recognized Statistical Agency or Unit to ensure appropriate application of exemptions pertaining to confidential statistical data in response to Freedom of Information Act requests.
(c) Responsibilities to protect confidential statistical data. Each Recognized Statistical Agency or Unit is responsible for protecting the confidentiality and exclusive statistical use of confidential statistical data by carrying out its duties under this paragraph (c). Each parent agency must enable, support, and facilitate the Recognized Statistical Agency or Unit in carrying out its responsibility to protect the confidentiality and exclusive statistical use of confidential statistical data.
(1) The head of each Recognized Statistical Agency or Unit must:
(i) Determine who is authorized to access confidential statistical data;
(ii) Ensure that access to confidential statistical data is limited to officers and employees of such Recognized Statistical Agency or Unit and its designated agents; and
(iii) Establish written standards and processes by which the head of such Recognized Statistical Agency or Unit designates a person as an agent, which must:
(A) Comply with 44 U.S.C. 3572 and other applicable statistical law;
(B) Ensure designated agents are fully informed of, and have agreed to comply with, all legal requirements to access confidential statistical data; and
(C) Define the scope of such agent's authorization to access confidential statistical data.
(2) The parent agency head must:
(i) Ensure confidential statistical data are secure from access by any individual unless such individual has been authorized to access such confidential statistical data by the head of the Recognized Statistical Agency or Unit in accordance with paragraph (c)(1) of this section;
(ii) Prohibit agency officers or employees from accessing confidential statistical data unless they have been authorized to access such confidential statistical data by the head of the Recognized Statistical Agency or Unit in accordance with paragraph (c)(1) of this section; and
(iii) Ensure the Recognized Statistical Agency or Unit has the resources necessary to ensure confidential statistical data are secure from unauthorized access.
(3) Nothing in this part authorizes the parent agency head, or anyone else, to access confidential statistical data, unless the head of the Recognized Statistical Agency or Unit has designated such individual as an agent.
(4) When a component needs access to confidential statistical data, the head of the component must:
(i) Establish policies to prohibit access to confidential statistical data by any individual unless such individual has been authorized by the head of the Recognized Statistical Agency or Unit in accordance with paragraph (c)(1) of this section;
(ii) Ensure that any officer or employee that needs to access confidential statistical data meets the written requirements issued by the Recognized Statistical Agency or Unit;
(iii) To the greatest extent possible, limit the scope and number of its requests for access to confidential statistical data;
(iv) Coordinate with the Recognized Statistical Agency or Unit to determine the number of persons needing access to confidential statistical data; and
(v) Provide the Recognized Statistical Agency or Unit with any information necessary for the Recognized Statistical Agency or Unit to make a determination regarding access to confidential statistical data.
(5) The head of the Recognized Statistical Agency or Unit must coordinate with the head of the parent agency or any component requesting access to confidential statistical data as described in paragraphs (c)(2) and (4) of this section to identify and designate necessary agents to fulfill the component's responsibilities.
(6) If the parent agency head finds that the Recognized Statistical Agency or Unit is unable to designate a sufficient number of agents for the parent agency to fulfill its responsibilities, the parent agency head must consult with the head of the Recognized Statistical Agency or Unit and the Chief Statistician of the United States to resolve the issue.
(7) Each Recognized Statistical Agency or Unit must track access to its information systems that contain confidential statistical data and maintain sufficient access logs that detail the individual accessing such data and the time of access. Each Recognized Statistical Agency or Unit must ensure that confidential statistical data hosted outside of its information systems is maintained in a manner such that the host can track access to the confidential statistical data in a way sufficient to detail the individual accessing the data and the time of access and that the Recognized Statistical Agency or Unit is notified in a timely manner of any unauthorized access. The parent agency must ensure the Recognized Statistical Agency or Unit has sufficient technology resources to ensure all access to confidential statistical data is tracked.
(i) The Recognized Statistical Agency or Unit must monitor the access log to ensure only authorized persons have accessed confidential statistical data.
(ii) If any unauthorized person has accessed confidential statistical data, the Recognized Statistical Agency or Unit must notify the parent agency head and the Chief Statistician of the United States, and the parent agency head and the head of the Recognized Statistical Agency or Unit must:
(A) Address any deficiencies that led to such unauthorized access to ensure unauthorized access does not occur in the future; and
(B) Provide a written report to the Chief Statistician of the United States within 30 days detailing the remediation efforts.
§ 1321.9 - Compliance review.
(a) Compliance review. In accordance with guidance promulgated under paragraph (e)(1) of this section, the Inspector General of each parent agency must conduct a review to determine whether the Recognized Statistical Agency or Unit and parent agency are in compliance with this part and whether the Recognized Statistical Agency or Unit has sufficient resources to carry out the fundamental responsibilities. To ensure consistent interpretation and application of statistical laws, the Inspector General must consult with the Chief Statistician of the United States.
(b) Frequency of compliance review. (1) The Inspector General must conduct a compliance review of each Recognized Statistical Agency or Unit, in accordance with paragraph (a) of this section, no earlier December 10, 2026, and not less frequently than once every three years thereafter.
(2) The Interagency Council on Statistical Policy (ICSP) may request a compliance review of a Recognized Statistical Agency or Unit and parent agency at any time if the ICSP has reason to believe there is a substantial change in circumstances regarding compliance with this part.
(i) The ICSP must submit a written request for a compliance review with a detailed explanation of the reasons there may be a substantial change in compliance with this section to the Inspector General of the parent agency to be reviewed.
(ii) The Inspector General must review any request from the ICSP, determine whether a review is appropriate, and provide a written response to the ICSP within 30 days of receiving such request.
(c) Compliance review report. The Inspector General must submit a report on the results of the review made under this section to the parent agency head, the head of the Recognized Statistical Agency or Unit, the Chief Statistician of the United States, and relevant congressional committees. For purposes of this review, the head of the Recognized Statistical Agency or Unit is considered a responsible official. The Inspector General shall include in the report a summary of major findings and, if deficiencies are identified during the review, a set of recommendations for improving compliance with this part.
(d) Role of the Chief Statistician of the United States. The Chief Statistician of the United States will:
(1) Engage with each Recognized Statistical Agency and Unit and parent agency to address any deficiencies identified in the report;
(2) Publicly post a list of recommendations appropriate for public dissemination made to each agency and the status of the agency in addressing each recommendation on https://www.StatsPolicy.gov or any successor website;
(3) Make available appropriate materials, training, and other relevant resources to the Council for Inspector General Integrity and Efficiency regarding statistical laws and practices; and
(4) Include standards for remedial actions for a Recognized Statistical Agency or Unit for persistent failures to comply with this part in the guidance to implement the Recognized Statistical Agency or Unit designation process required under 44 U.S.C. 3562(a).
(e) Council of the Inspectors General on Integrity and Efficiency. Not later than December 10, 2026, the Council of the Inspectors General on Integrity and Efficiency, in consultation with the Chief Statistician of the United States and with consideration given to the available resources and independence of individual Offices of Inspectors General, must:
(1) Develop and promulgate guidance that specifies procedures for the compliance review, and compliance determinations required under paragraph (a) of this section and a standardized format for reports required under paragraph (c) of this section to ensure consistency across agencies;
(2) Establish a working group for Inspectors General responsible for conducting reviews under this section to assist the Inspectors General in developing the expertise in statistical laws and processes necessary to ensure the integrity of statistical agencies; and
(3) Regularly consult with the Chief Statistician of the United States on the appropriate interpretation and application of statistical laws and practices.