FILE s244.enr --S.244-- S.244 One Hundred Fourth Congress
of the United States of America
AT THE FIRST SESSION Begun and held at the City of
Washington on Wednesday, the fourth day of January, one
thousand nine hundred and ninety-five An Act To further the
goals of the Paperwork Reduction Act to have Federal agencies
become more responsible and publicly accountable for reducing
the burden of Federal paperwork on the public, and for other
purposes.
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Paperwork
Reduction Act of 1995'.
SEC. 2. COORDINATION OF FEDERAL INFORMATION POLICY.
Chapter 35 of title 44, United States Code, is
amended to read as follows:
`CHAPTER 35--COORDINATION OF FEDERAL
INFORMATION POLICY
- Sec. 3501. Purposes.
- 3502. Definitions.
- 3503. Office of Information and Regulatory Affairs.
- 3504. Authority and functions of Director.
- 3505. Assignment of tasks and deadlines.
- 3506. Federal agency responsibilities.
- 3507. Public information collection activities;
submission to Director; approval and delegation.
- 3508. Determination of necessity for information;
hearing.
- 3509. Designation of central collection agency.
- 3510. Cooperation of agencies in making information
available.
- 3511. Establishment and operation of Government
Information Locator Service.
- 3512. Public protection.
- 3513. Director review of agency activities; reporting;
agency response.
- 3514. Responsiveness to Congress.
- 3515. Administrative powers.
- 3516. Rules and regulations.
- 3517. Consultation with other agencies and the public.
- 3518. Effect on existing laws and regulations.
- 3519. Access to information.
- 3520. Authorization of appropriations.
- Sec. 3501. Purposes
The purposes of this chapter
are to--
- minimize the paperwork burden for individuals,
small businesses, educational and nonprofit
institutions, Federal contractors, State, local and
tribal governments, and other persons resulting from
the collection of information by or for the Federal
Government;
- ensure the greatest possible public benefit from
and maximize the utility of information created,
collected, maintained, used, shared and disseminated
by or for the Federal Government;
- coordinate, integrate, and to the extent
practicable and appropriate, make uniform Federal
information resources management policies and
practices as a means to improve the productivity,
efficiency, and effectiveness of Government programs,
including the reduction of information collection
burdens on the public and the improvement of service
delivery to the public;
- improve the quality and use of Federal information
to strengthen decisionmaking, accountability, and
openness in Government and society;
- minimize the cost to the Federal Government of the
creation, collection, maintenance, use, dissemination,
and disposition of information;
- strengthen the partnership between the Federal
Government and State, local, and tribal governments by
minimizing the burden and maximizing the utility of
information created, collected, maintained, used,
disseminated, and retained by or for the Federal
Government;
- provide for the dissemination of public
information on a timely basis, on equitable terms, and
in a manner that promotes the utility of the
information to the public and makes effective use of
information technology;
- ensure that the creation, collection, maintenance,
use, dissemination, and disposition of information by
or for the Federal Government is consistent with
applicable laws, including laws relating to--
- privacy and confidentiality, including section
552a of title 5;
- security of information, including the Computer
Security Act of 1987 (Public Law 100-235); and
- access to information, including section 552 of
title 5;
- ensure the integrity, quality, and utility of the
Federal statistical system;
- ensure that information technology is acquired,
used, and managed to improve performance of agency
missions, including the reduction of information
collection burdens on the public; and
- improve the responsibility and accountability of
the Office of Management and Budget and all other
Federal agencies to Congress and to the public for
implementing the information collection review
process, information resources management, and related
policies and guidelines established under this
chapter.
- Sec. 3502. Definitions
As used in this chapter--
- the term `agency' means any executive department,
military department, Government corporation,
Government controlled corporation, or other
establishment in the executive branch of the
Government (including the Executive Office of the
President), or any independent regulatory agency, but
does not include--
- the General Accounting Office;
- Federal Election Commission;
- the governments of the District of Columbia and
of the territories and possessions of the United
States, and their various subdivisions; or
- Government-owned contractor-operated facilities,
including laboratories engaged in national defense
research and production activities;
- the term `burden' means time, effort, or financial
resources expended by persons to generate, maintain,
or provide information to or for a Federal agency,
including the resources expended for--
- reviewing instructions;
- acquiring, installing, and utilizing technology
and systems;
- adjusting the existing ways to comply with any
previously applicable instructions and requirements;
- searching data sources;
- completing and reviewing the collection of
information; and
- transmitting, or otherwise disclosing the
information;
- the term `collection of information'--
- means the obtaining, causing to be obtained,
soliciting, or requiring the disclosure to third
parties or the public, of facts or opinions by or
for an agency, regardless of form or format, calling
for either--
- answers to identical questions posed to, or
identical reporting or recordkeeping requirements
imposed on, ten or more persons, other than
agencies, instrumentalities, or employees of the
United States; or
- answers to questions posed to agencies,
instrumentalities, or employees of the United
States which are to be used for general
statistical purposes; and
- shall not include a collection of information
described under section 3518(c)(1);
- the term `Director' means the Director of the
Office of Management and Budget;
- the term `independent regulatory agency' means the
Board of Governors of the Federal Reserve System, the
Commodity Futures Trading Commission, the Consumer
Product Safety Commission, the Federal Communications
Commission, the Federal Deposit Insurance Corporation,
the Federal Energy Regulatory Commission, the Federal
Housing Finance Board, the Federal Maritime
Commission, the Federal Trade Commission, the
Interstate Commerce Commission, the Mine Enforcement
Safety and Health Review Commission, the National
Labor Relations Board, the Nuclear Regulatory
Commission, the Occupational Safety and Health Review
Commission, the Postal Rate Commission, the Securities
and Exchange Commission, and any other similar agency
designated by statute as a Federal independent
regulatory agency or commission;
- the term `information resources' means information
and related resources, such as personnel, equipment,
funds, and information technology;
- the term `information resources management' means
the process of managing information resources to
accomplish agency missions and to improve agency
performance, including through the reduction of
information collection burdens on the public;
- the term `information system' means a discrete set
of information resources organized for the collection,
processing, maintenance, use, sharing, dissemination,
or disposition of information;
- the term `information technology' has the same
meaning as the term `automatic data processing
equipment' as defined by section 111(a) (2) and (3)(C)
(i) through (v) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 759(a)
(2) and (3)(C) (i) through (v));
- the term `person' means an individual,
partnership, association, corporation, business trust,
or legal representative, an organized group of
individuals, a State, territorial, tribal, or local
government or branch thereof, or a political
subdivision of a State, territory, tribal, or local
government or a branch of a political subdivision;
- the term `practical utility' means the ability of
an agency to use information, particularly the
capability to process such information in a timely and
useful fashion;
- the term `public information' means any
information, regardless of form or format, that an
agency discloses, disseminates, or makes available to
the public;
- the term `recordkeeping requirement' means a
requirement imposed by or for an agency on persons to
maintain specified records, including a requirement
to--
- retain such records;
- notify third parties, the Federal Government, or
the public of the existence of such records;
- disclose such records to third parties, the
Federal Government, or the public; or
- report to third parties, the Federal Government,
or the public regarding such records; and
- the term `penalty' includes the imposition by an
agency or court of a fine or other punishment; a
judgment for monetary damages or equitable relief; or
the revocation, suspension, reduction, or denial of a
license, privilege, right, grant, or benefit.
- Sec. 3503. Office of Information and Regulatory
Affairs
- There is established in the Office of Management
and Budget an office to be known as the Office of
Information and Regulatory Affairs.
- There shall be at the head of the Office an
Administrator who shall be appointed by the President,
by and with the advice and consent of the Senate. The
Director shall delegate to the Administrator the
authority to administer all functions under this
chapter, except that any such delegation shall not
relieve the Director of responsibility for the
administration of such functions. The Administrator
shall serve as principal adviser to the Director on
Federal information resources management policy.
- Sec. 3504. Authority and functions of Director
- The Director shall oversee the use of information
resources to improve the efficiency and effectiveness
of governmental operations to serve agency missions,
including burden reduction and service delivery to the
public. In performing such oversight, the Director
shall--
- develop, coordinate and oversee the
implementation of Federal information resources
management policies, principles, standards, and
guidelines; and
- provide direction and oversee--
- the review and approval of the collection of
information and the reduction of the information
collection burden;
- agency dissemination of and public access to
information;
- statistical activities;
- records management activities;
- privacy, confidentiality, security,
disclosure, and sharing of information; and
- the acquisition and use of information
technology.
- The authority of the Director under this chapter
shall be exercised consistent with applicable law.
- With respect to general information resources
management policy, the Director shall--
- develop and oversee the implementation of
uniform information resources management policies,
principles, standards, and guidelines;
- foster greater sharing, dissemination, and
access to public information, including through--
- the use of the Government Information
Locator Service; and
- the development and utilization of common
standards for information collection, storage,
processing and communication, including
standards for security, interconnectivity and
interoperability;
- initiate and review proposals for changes in
legislation, regulations, and agency procedures to
improve information resources management practices;
- oversee the development and implementation of best
practices in information resources management,
including training; and
- oversee agency integration of program and
management functions with information resources
management functions.
- With respect to the collection of information
and the control of paperwork, the Director shall--
- review and approve proposed agency collections
of information;
- coordinate the review of the collection of
information associated with Federal procurement
and acquisition by the Office of Information and
Regulatory Affairs with the Office of Federal
Procurement Policy, with particular emphasis on
applying information technology to improve the
efficiency and effectiveness of Federal
procurement, acquisition and payment, and to
reduce information collection burdens on the
public;
- minimize the Federal information collection
burden, with particular emphasis on those
individuals and entities most adversely affected;
- maximize the practical utility of and public
benefit from information collected by or for the
Federal Government; and
- establish and oversee standards and guidelines
by which agencies are to estimate the burden to
comply with a proposed collection of information.
- With respect to information dissemination, the
Director shall develop and oversee the
implementation of policies, principles, standards,
and guidelines to--
- apply to Federal agency dissemination of
public information, regardless of the form or
format in which such information is disseminated;
and
- promote public access to public information
and fulfill the purposes of this chapter,
including through the effective use of information
technology.
- With respect to statistical policy and
coordination, the Director shall--
- coordinate the activities of the Federal
statistical system to ensure--
- the efficiency and effectiveness of the
system; and
- the integrity, objectivity, impartiality,
utility, and confidentiality of information
collected for statistical purposes;
- ensure that budget proposals of agencies are
consistent with system-wide priorities for
maintaining and improving the quality of Federal
statistics and prepare an annual report on
statistical program funding;
- develop and oversee the implementation of
Governmentwide policies, principles, standards,
and guidelines concerning--
- statistical collection procedures and
methods;
- statistical data classification;
- statistical information presentation and
dissemination;
- timely release of statistical data; and
- such statistical data sources as may be
required for the administration of Federal
programs;
- evaluate statistical program performance and
agency compliance with Governmentwide policies,
principles, standards and guidelines;
- promote the sharing of information collected
for statistical purposes consistent with privacy
rights and confidentiality pledges;
- coordinate the participation of the United
States in international statistical activities,
including the development of comparable
statistics;
- appoint a chief statistician who is a trained
and experienced professional statistician to carry
out the functions described under this subsection;
- establish an Interagency Council on
Statistical Policy to advise and assist the
Director in carrying out the functions under this
subsection that shall--
- be headed by the chief statistician; and
- consist of--
- the heads of the major statistical programs;
and
- representatives of other statistical
agencies under rotating membership; and
- provide opportunities for training in
statistical policy functions to employees of the
Federal Government under which--
- each trainee shall be selected at the
discretion of the Director based on agency
requests and shall serve under the chief
statistician for at least 6 months and not more
than 1 year; and
- all costs of the training shall be paid by
the agency requesting training.
- With respect to records management, the Director
shall--
- provide advice and assistance to the Archivist
of the United States and the Administrator of
General Services to promote coordination in the
administration of chapters 29, 31, and 33 of this
title with the information resources management
policies, principles, standards, and guidelines
established under this chapter;
- review compliance by agencies with--
- the requirements of chapters 29, 31, and 33
of this title; and
- regulations promulgated by the Archivist of
the United States and the Administrator of
General Services; and
- oversee the application of records management
policies, principles, standards, and guidelines,
including requirements for archiving information
maintained in electronic format, in the planning
and design of information systems.
- With respect to privacy and security, the
Director shall--
- develop and oversee the implementation of
policies, principles, standards, and guidelines on
privacy, confidentiality, security, disclosure and
sharing of information collected or maintained by
or for agencies;
- oversee and coordinate compliance with
sections 552 and 552a of title 5, the Computer
Security Act of 1987 (40 U.S.C. 759 note), and
related information management laws; and
- require Federal agencies, consistent with the
Computer Security Act of 1987 (40 U.S.C. 759
note), to identify and afford security protections
commensurate with the risk and magnitude of the
harm resulting from the loss, misuse, or
unauthorized access to or modification of
information collected or maintained by or on
behalf of an agency.
- With respect to Federal information technology,
the Director shall--
- in consultation with the Director of the
National Institute of Standards and Technology and
the Administrator of General Services--
- develop and oversee the implementation of
policies, principles, standards, and guidelines
for information technology functions and
activities of the Federal Government, including
periodic evaluations of major information
systems; and
- oversee the development and implementation
of standards under section 111(d) of the Federal
Property and Administrative Services Act of 1949
(40 U.S.C. 759(d));
- monitor the effectiveness of, and compliance
with, directives issued under sections 110 and 111
of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 757 and 759);
- coordinate the development and review by the
Office of Information and Regulatory Affairs of
policy associated with Federal procurement and
acquisition of information technology with the
Office of Federal Procurement Policy;
- ensure, through the review of agency budget
proposals, information resources management plans
and other means--
- agency integration of information resources
management plans, program plans and budgets for
acquisition and use of information technology;
and
- the efficiency and effectiveness of
inter-agency information technology initiatives
to improve agency performance and the
accomplishment of agency missions; and
- promote the use of information technology by
the Federal Government to improve the
productivity, efficiency, and effectiveness of
Federal programs, including through dissemination
of public information and the reduction of
information collection burdens on the public.
- Sec. 3505. Assignment of tasks and deadlines
- In carrying out the functions under this chapter,
the Director shall--
- in consultation with agency heads, set an annual
Governmentwide goal for the reduction of information
collection burdens by at least 10 percent during
each of fiscal years 1996 and 1997 and 5 percent
during each of fiscal years 1998, 1999, 2000, and
2001, and set annual agency goals to--
- reduce information collection burdens imposed
on the public that--
- represent the maximum practicable
opportunity in each agency; and
- are consistent with improving agency
management of the process for the review of
collections of information established under
section 3506(c); and
- improve information resources management in
ways that increase the productivity, efficiency
and effectiveness of Federal programs, including
service delivery to the public;
- with selected agencies and non-Federal entities
on a voluntary basis, conduct pilot projects to test
alternative policies, practices, regulations, and
procedures to fulfill the purposes of this chapter,
particularly with regard to minimizing the Federal
information collection burden; and
- in consultation with the Administrator of
General Services, the Director of the National
Institute of Standards and Technology, the Archivist
of the United States, and the Director of the Office
of Personnel Management, develop and maintain a
Governmentwide strategic plan for information
resources management, that shall include--
- a description of the objectives and the means
by which the Federal Government shall apply
information resources to improve agency and
program performance;
- plans for--
- reducing information burdens on the public,
including reducing such burdens through the
elimination of duplication and meeting shared
data needs with shared resources;
- enhancing public access to and dissemination
of, information, using electronic and other
formats; and
- meeting the information technology needs of
the Federal Government in accordance with the
purposes of this chapter; and
- a description of progress in applying
information resources management to improve agency
performance and the accomplishment of missions.
- For purposes of any pilot project conducted under
subsection (a)(2), the Director may, after
consultation with the agency head, waive the
application of any administrative directive issued by
an agency with which the project is conducted,
including any directive requiring a collection of
information, after giving timely notice to the public
and the Congress regarding the need for such waiver.
- Sec. 3506. Federal agency responsibilities
- The head of each agency shall be responsible for--
- carrying out the agency's information resources
management activities to improve agency
productivity, efficiency, and effectiveness; and
- complying with the requirements of this chapter
and related policies established by the Director.
-
- Except as provided under subparagraph (B), the
head of each agency shall designate a senior
official who shall report directly to such agency
head to carry out the responsibilities of the agency
under this chapter.
- The Secretary of the Department of Defense and
the Secretary of each military department may each
designate senior officials who shall report directly
to such Secretary to carry out the responsibilities
of the department under this chapter. If more than
one official is designated, the respective duties of
the officials shall be clearly delineated.
- The senior official designated under paragraph (2)
shall head an office responsible for ensuring agency
compliance with and prompt, efficient, and effective
implementation of the information policies and
information resources management responsibilities
established under this chapter, including the
reduction of information collection burdens on the
public. The senior official and employees of such
office shall be selected with special attention to the
professional qualifications required to administer the
functions described under this chapter.
- Each agency program official shall be responsible
and accountable for information resources assigned to
and supporting the programs under such official. In
consultation with the senior official designated under
paragraph (2) and the agency Chief Financial Officer
(or comparable official), each agency program official
shall define program information needs and develop
strategies, systems, and capabilities to meet those
needs.
- With respect to general information resources
management, each agency shall--
- manage information resources to--
- reduce information collection burdens on the
public;
- increase program efficiency and
effectiveness; and
- improve the integrity, quality, and utility
of information to all users within and outside
the agency, including capabilities for ensuring
dissemination of public information, public
access to government information, and
protections for privacy and security;
- in accordance with guidance by the Director,
develop and maintain a strategic information
resources management plan that shall describe how
information resources management activities help
accomplish agency missions;
- develop and maintain an ongoing process to--
- ensure that information resources management
operations and decisions are integrated with
organizational planning, budget, financial
management, human resources management, and
program decisions;
- in cooperation with the agency Chief
Financial Officer (or comparable official),
develop a full and accurate accounting of
information technology expenditures, related
expenses, and results; and
- establish goals for improving information
resources management's contribution to program
productivity, efficiency, and effectiveness,
methods for measuring progress towards those
goals, and clear roles and responsibilities for
achieving those goals;
- in consultation with the Director, the
Administrator of General Services, and the
Archivist of the United States, maintain a current
and complete inventory of the agency's information
resources, including directories necessary to
fulfill the requirements of section 3511 of this
chapter; and
- in consultation with the Director and the
Director of the Office of Personnel Management,
conduct formal training programs to educate agency
program and management officials about information
resources management.
- With respect to the collection of information
and the control of paperwork, each agency shall--
- establish a process within the office headed
by the official designated under subsection (a),
that is sufficiently independent of program
responsibility to evaluate fairly whether proposed
collections of information should be approved
under this chapter, to--
- review each collection of information before
submission to the Director for review under this
chapter, including--
- an evaluation of the need for the collection
of information;
- a functional description of the information
to be collected;
- a plan for the collection of the
information;
- a specific, objectively supported estimate
of burden;
- a test of the collection of information
through a pilot program, if appropriate; and
- a plan for the efficient and effective
management and use of the information to be
collected, including necessary resources;
- ensure that each information collection--
- is inventoried, displays a control number
and, if appropriate, an expiration date;
- indicates the collection is in accordance
with the clearance requirements of section 3507;
and
- informs the person receiving the collection
of information of--
- the reasons the information is being
collected;
- the way such information is to be used;
- an estimate, to the extent practicable, of
the burden of the collection;
- whether responses to the collection of
information are voluntary, required to obtain a
benefit, or mandatory; and
- the fact that an agency may not conduct or
sponsor, and a person is not required to respond
to, a collection of information unless it
displays a valid control number; and
- assess the information collection burden of
proposed legislation affecting the agency;
- except as provided under subparagraph (B) or
section 3507(j), provide 60-day notice in the
Federal Register, and otherwise consult with
members of the public and affected agencies
concerning each proposed collection of
information, to solicit comment to--
- evaluate whether the proposed collection of
information is necessary for the proper
performance of the functions of the agency,
including whether the information shall have
practical utility;
- evaluate the accuracy of the agency's
estimate of the burden of the proposed
collection of information;
- enhance the quality, utility, and clarity of
the information to be collected; and
- minimize the burden of the collection of
information on those who are to respond,
including through the use of automated
collection techniques or other forms of
information technology; and
- for any proposed collection of information
contained in a proposed rule (to be reviewed by
the Director under section 3507(d)), provide
notice and comment through the notice of
proposed rulemaking for the proposed rule and
such notice shall have the same purposes
specified under subparagraph (A) (i) through
(iv); and
- certify (and provide a record supporting
such certification, including public comments
received by the agency) that each collection of
information submitted to the Director for review
under section 3507--
- is necessary for the proper performance of
the functions of the agency, including that the
information has practical utility;
- is not unnecessarily duplicative of
information otherwise reasonably accessible to
the agency;
- reduces to the extent practicable and
appropriate the burden on persons who shall
provide information to or for the agency,
including with respect to small entities, as
defined under section 601(6) of title 5, the use
of such techniques as--
- establishing differing compliance or
reporting requirements or timetables that take
into account the resources available to those
who are to respond;
- the clarification, consolidation, or
simplification of compliance and reporting
requirements; or
- an exemption from coverage of the collection
of information, or any part thereof;
- is written using plain, coherent, and
unambiguous terminology and is understandable to
those who are to respond;
- is to be implemented in ways consistent and
compatible, to the maximum extent practicable,
with the existing reporting and recordkeeping
practices of those who are to respond;
- indicates for each recordkeeping requirement
the length of time persons are required to
maintain the records specified;
- contains the statement required under
paragraph (1)(B)(iii);
- has been developed by an office that has
planned and allocated resources for the
efficient and effective management and use of
the information to be collected, including the
processing of the information in a manner which
shall enhance, where appropriate, the utility of
the information to agencies and the public;
- uses effective and efficient statistical
survey methodology appropriate to the purpose
for which the information is to be collected;
and
- to the maximum extent practicable, uses
information technology to reduce burden and
improve data quality, agency efficiency and
responsiveness to the public.
- With respect to information dissemination, each
agency shall--
- ensure that the public has timely and
equitable access to the agency's public
information, including ensuring such access
through--
- encouraging a diversity of public and
private sources for information based on
government public information;
- in cases in which the agency provides public
information maintained in electronic format,
providing timely and equitable access to the
underlying data (in whole or in part); and
- agency dissemination of public information
in an efficient, effective, and economical
manner;
- regularly solicit and consider public input on
the agency's information dissemination activities;
- provide adequate notice when initiating,
substantially modifying, or terminating
significant information dissemination products;
and
- not, except where specifically authorized by
statute--
- establish an exclusive, restricted, or other
distribution arrangement that interferes with
timely and equitable availability of public
information to the public;
- restrict or regulate the use, resale, or
redissemination of public information by the
public;
- charge fees or royalties for resale or
redissemination of public information; or
- establish user fees for public information
that exceed the cost of dissemination.
- With respect to statistical policy and
coordination, each agency shall--
- ensure the relevance, accuracy, timeliness,
integrity, and objectivity of information
collected or created for statistical purposes;
- inform respondents fully and accurately about
the sponsors, purposes, and uses of statistical
surveys and studies;
- protect respondents' privacy and ensure that
disclosure policies fully honor pledges of
confidentiality;
- observe Federal standards and practices for
data collection, analysis, documentation, sharing,
and dissemination of information;
- ensure the timely publication of the results
of statistical surveys and studies, including
information about the quality and limitations of
the surveys and studies; and
- make data available to statistical agencies
and readily accessible to the public.
- With respect to records management, each agency
shall implement and enforce applicable policies and
procedures, including requirements for archiving
information maintained in electronic format,
particularly in the planning, design and operation
of information systems.
- With respect to privacy and security, each
agency shall--
- implement and enforce applicable policies,
procedures, standards, and guidelines on privacy,
confidentiality, security, disclosure and sharing
of information collected or maintained by or for
the agency;
- assume responsibility and accountability for
compliance with and coordinated management of
sections 552 and 552a of title 5, the Computer
Security Act of 1987 (40 U.S.C. 759 note), and
related information management laws; and
- consistent with the Computer Security Act of
1987 (40 U.S.C. 759 note), identify and afford
security protections commensurate with the risk
and magnitude of the harm resulting from the loss,
misuse, or unauthorized access to or modification
of information collected or maintained by or on
behalf of an agency.
- With respect to Federal information technology,
each agency shall--
- implement and enforce applicable
Governmentwide and agency information technology
management policies, principles, standards, and
guidelines;
- assume responsibility and accountability for
information technology investments;
- promote the use of information technology by
the agency to improve the productivity,
efficiency, and effectiveness of agency programs,
including the reduction of information collection
burdens on the public and improved dissemination
of public information;
- propose changes in legislation, regulations,
and agency procedures to improve information
technology practices, including changes that
improve the ability of the agency to use
technology to reduce burden; and
- assume responsibility for maximizing the value
and assessing and managing the risks of major
information systems initiatives through a process
that is--
- integrated with budget, financial, and
program management decisions; and
- used to select, control, and evaluate the
results of major information systems
initiatives.
- Sec. 3507. Public information collection activities;
submission to Director; approval and delegation
- An agency shall not conduct or sponsor the
collection of information unless in advance of the
adoption or revision of the collection of
information--
- the agency has--
- conducted the review established under section
3506(c)(1);
- evaluated the public comments received under
section 3506(c)(2);
- submitted to the Director the certification
required under section 3506(c)(3),the proposed
collection of information, copies of pertinent
statutory authority, regulations, and other
related materials as the Director may specify; and
- published a notice in the Federal Register--
- stating that the agency has made such
submission; and setting forth--
- a title for the collection of information;
- a summary of the collection of information;
- a brief description of the need for the
information and the proposed use of the
information;
- a description of the likely respondents and
proposed frequency of response to the collection
of information;
- an estimate of the burden that shall result
from the collection of information; and
- notice that comments may be submitted to the
agency and Director;
- the Director has approved the proposed
collection of information or approval has been
inferred, under the provisions of this section;
and
- the agency has obtained from the Director a
control number to be displayed upon the
collection of information.
- The Director shall provide at least 30 days for
public comment prior to making a decision under
subsection (c), (d), or (h), except as provided under
subsection (j).
- For any proposed collection of information not
contained in a proposed rule, the Director shall
notify the agency involved of the decision to approve
or disapprove the proposed collection of information.
- The Director shall provide the notification
under paragraph (1), within 60 days after receipt or
publication of the notice under subsection
(a)(1)(D), whichever is later.
- If the Director does not notify the agency of a
denial or approval within the 60-day period
described under paragraph (2)--
- the approval may be inferred;
- a control number shall be assigned without
further delay; and
- the agency may collect the information for not
more than 1 year.
- For any proposed collection of information
contained in a proposed rule--
- as soon as practicable, but no later than the
date of publication of a notice of proposed
rulemaking in the Federal Register, each agency
shall forward to the Director a copy of any proposed
rule which contains a collection of information and
any information requested by the Director necessary
to make the determination required under this
subsection; and
- within 60 days after the notice of proposed
rulemaking is published in the Federal Register, the
Director may file public comments pursuant to the
standards set forth in section 3508 on the
collection of information contained in the proposed
rule;
- When a final rule is published in the Federal
Register, the agency shall explain--
- how any collection of information contained
in the final rule responds to the comments, if
any, filed by the Director or the public; or
- the reasons such comments were rejected.
- If the Director has received notice and failed
to comment on an agency rule within 60 days after
the notice of proposed rulemaking, the Director may
not disapprove any collection of information
specifically contained in an agency rule.
- No provision in this section shall be construed
to prevent the Director, in the Director's
discretion--
- from disapproving any collection of
information which was not specifically required by
an agency rule;
- from disapproving any collection of
information contained in an agency rule, if the
agency failed to comply with the requirements of
paragraph (1) of this subsection;
- from disapproving any collection of
information contained in a final agency rule, if
the Director finds within 60 days after the
publication of the final rule that the agency's
response to the Director's comments filed under
paragraph (2) of this subsection was unreasonable;
or
- `(D) from disapproving any collection of
information contained in a final rule, if--
- `(i) the Director determines that the agency
has substantially modified in the final rule the
collection of information contained in the
proposed rule; and
- `(ii) the agency has not given the Director
the information required under paragraph (1)
with respect to the modified collection of
information, at least 60 days before the
issuance of the final rule.
- This subsection shall apply only when an
agency publishes a notice of proposed rulemaking
and requests public comments.
- `(6) The decision by the Director to approve
or not act upon a collection of information
contained in an agency rule shall not be subject
to judicial review.
- Any decision by the Director under subsection
(c), (d), (h), or (j) to disapprove a collection of
information, or to instruct the agency to make
substantive or material change to a collection of
information, shall be publicly available and include
an explanation of the reasons for such decision.
- Any written communication between the
Administrator of the Office of Information and
Regulatory Affairs, or any employee of the Office
of Information and Regulatory Affairs, and an
agency or person not employed by the Federal
Government concerning a proposed collection of
information shall be made available to the public.
- This subsection shall not require the
disclosure of--
- any information which is protected at all
times by procedures established for information
which has been specifically authorized under
criteria established by an Executive order or an
Act of Congress to be kept secret in the
interest of national defense or foreign policy;
or
- any communication relating to a collection
of information which is not approved under this
chapter, the disclosure of which could lead to
retaliation or discrimination against the
communicator.
- An independent regulatory agency which is
administered by 2 or more members of a commission,
board, or similar body, may by majority vote void--
- any disapproval by the Director, in whole or
in part, of a proposed collection of information
of that agency; or
- an exercise of authority under subsection (d)
of section 3507 concerning that agency.
- The agency shall certify each vote to void
such disapproval or exercise to the Director,
and explain the reasons for such vote. The
Director shall without further delay assign a
control number to such collection of
information, and such vote to void the
disapproval or exercise shall be valid for a
period of 3 years.
- The Director may not approve a collection of
information for a period in excess of 3 years.
- If an agency decides to seek extension of the
Director's approval granted for a currently approved
collection of information, the agency shall--
- conduct the review established under section
3506(c), including the seeking of comment from the
public on the continued need for, and burden
imposed by the collection of information; and
- `after having made a reasonable effort to seek
public comment, but no later than 60 days before
the expiration date of the control number assigned
by the Director for the currently approved
collection of information, submit the collection
of information for review and approval under this
section, which shall include an explanation of how
the agency has used the information that it has
collected.
- If under the provisions of this section, the
Director disapproves a collection of information
contained in an existing rule, or recommends or
instructs the agency to make a substantive or
material change to a collection of information
contained in an existing rule, the Director
shall--
- publish an explanation thereof in the
Federal Register; and
- instruct the agency to undertake a
rulemaking within a reasonable timelimited to
consideration of changes to the collection of
information contained in the rule and thereafter
to submit the collection of information for
approval or disapproval under this chapter.
- An agency may not make a substantive or
material modification to a collection of
information after such collection has been
approved by the Director, unless the modification
has been submitted to the Director for review and
approval under this chapter.
- If the Director finds that a senior official of
an agency designated under section 3506(a) is
sufficiently independent of program responsibility
to evaluate fairly whether proposed collections of
information should be approved and has sufficient
resources to carry out this responsibility
effectively, the Director may, by rule in accordance
with the notice and comment provisions of chapter 5
of title 5, United States Code, delegate to such
official the authority to approve proposed
collections of information in specific program
areas, for specific purposes, or for all agency
purposes.
- A delegation by the Director under this
section shall not preclude the Director from
reviewing individual collections of information if
the Director determines that circumstances warrant
such a review. The Director shall retain authority
to revoke such delegations, both in general and
with regard to any specific matter. In acting for
the Director, any official to whom approval
authority has been delegated under this section
shall comply fully with the rules and regulations
promulgated by the Director.
- `The agency head may request the Director to
authorize a collection of information, if an agency
head determines that--
- a collection of information--
- is needed prior to the expiration of time
periods established under this chapter; and
- is essential to the mission of the agency;
and
- the agency cannot reasonably comply with the
provisions of this chapter because--
- public harm is reasonably likely to result
if normal clearance procedures are followed;
- an unanticipated event has occurred; or
- the use of normal clearance procedures is
reasonably likely to prevent or disrupt the
collection of information or is reasonably
likely to cause a statutory or court ordered
deadline to be missed.
- The Director shall approve or disapprove any
such authorization request within the time
requested by the agency head and, if approved,
shall assign the collection of information a
control number. Any collection of information
conducted under this subsection may be conducted
without compliance with the provisions of this
chapter for a maximum of 90 days after the date
on which the Director received the request to
authorize such collection.
- Sec. 3508. Determination of necessity for
information; hearing
- Before approving a proposed collection of
information, the Director shall determine whether the
collection of information by the agency is necessary
for the proper performance of the functions of the
agency, including whether the information shall have
practical utility. Before making a determination the
Director may give the agency and other interested
persons an opportunity to be heard or to submit
statements in writing. To the extent, if any, that the
Director determines that the collection of information
by an agency is unnecessary for any reason, the agency
may not engage in the collection of information.
- Sec. 3509. Designation of central collection agency
- The Director may designate a central collection
agency to obtain information for two or more agencies
if the Director determines that the needs of such
agencies for information will be adequately served by
a single collection agency, and such sharing of data
is not inconsistent with applicable law. In such cases
the Director shall prescribe (with reference to the
collection of information) the duties and functions of
the collection agency so designated and of the
agencies for which it is to act as agent (including
reimbursement for costs). While the designation is in
effect, an agency covered by the designation may not
obtain for itself information for the agency which is
the duty of the collection agency to obtain. The
Director may modify the designation from time to time
as circumstances require. The authority to designate
under this section is subject to the provisions of
section 3507(f) of this chapter.
- Sec. 3510. Cooperation of agencies in making
information available
- The Director may direct an agency to make
available to another agency, or an agency may make
available to another agency, information obtained by a
collection of information if the disclosure is not
inconsistent with applicable law.
-
- If information obtained by an agency is released
by that agency to another agency, all the provisions
of law (including penalties) that relate to the
unlawful disclosure of information apply to the
officers and employees of the agency to which
information is released to the same extent and in
the same manner as the provisions apply to the
officers and employees of the agency which
originally obtained the information.
- The officers and employees of the agency to
which the information is released, in addition,
shall be subject to the same provisions of law,
including penalties, relating to the unlawful
disclosure of information as if the information had
been collected directly by that agency.
- Sec. 3511. Establishment and operation of Government
Information Locator Service
- In order to assist agencies and the public in
locating information and to promote information
sharing and equitable access by the public, the
Director shall--
- cause to be established and maintained a
distributed agency-based electronic Government
Information Locator Service (hereafter in this
section referred to as the `Service'), which shall
identify the major information systems, holdings,
and dissemination products of each agency;
- require each agency to establish and maintain an
agency information locator service as a component
of, and to support the establishment and operation
of the Service;
- in cooperation with the Archivist of the United
States, the Administrator of General Services, the
Public Printer, and the Librarian of Congress,
establish an interagency committee to advise the
Secretary of Commerce on the development of
technical standards for the Service to ensure
compatibility, promote information sharing, and
uniform access by the public;
- consider public access and other user needs in
the establishment and operation of the Service;
- ensure the security and integrity of the
Service, including measures to ensure that only
information which is intended to be disclosed to the
public is disclosed through the Service; and
- periodically review the development and
effectiveness of the Service and make
recommendations for improvement, including other
mechanisms for improving public access to Federal
agency public information.
- This section shall not apply to operational files
as defined by the Central Intelligence Agency
Information Act (50 U.S.C. 431 et seq.).
- Sec. 3512. Public protection
- Notwithstanding any other provision of law, no
person shall be subject to any penalty for failing to
comply with a collection of information that is
subject to this chapter if--
- the collection of information does not display a
valid control number assigned by the Director in
accordance with this chapter; or
- the agency fails to inform the person who is to
respond to the collection of information that such
person is not required to respond to the collection
of information unless it displays a valid control
number.
- The protection provided by this section may be
raised in the form of a complete defense, bar, or
otherwise at any time during the agency administrative
process or judicial action applicable thereto.
- Sec. 3513. Director review of agency activities;
reporting; agency response
- In consultation with the Administrator of General
Services, the Archivist of the United States, the
Director of the National Institute of Standards and
Technology, and the Director of the Office of
Personnel Management, the Director shall periodically
review selected agency information resources
management activities to ascertain the efficiency and
effectiveness of such activities to improve agency
performance and the accomplishment of agency missions.
- Each agency having an activity reviewed under
subsection (a) shall, within 60 days after receipt of
a report on the review, provide a written plan to the
Director describing steps (including milestones) to--
- be taken to address information resources
management problems identified in the report; and
- improve agency performance and the
accomplishment of agency missions.
- Sec. 3514. Responsiveness to Congress
- The Director shall--
- keep the Congress and congressional committees
fully and currently informed of the major activities
under this chapter; and
- submit a report on such activities to the
President of the Senate and the Speaker of the House
of Representatives annually and at such other times
as the Director determines necessary.
- The Director shall include in any such report a
description of the extent to which agencies have--
- reduced information collection burdens on the
public, including--
- a summary of accomplishments and planned
initiatives to reduce collection of information
burdens;
- a list of all violations of this chapter and
of any rules, guidelines, policies, and procedures
issued pursuant to this chapter;
- a list of any increase in the collection of
information burden, including the authority for
each such collection; and
- a list of agencies that in the preceding year
did not reduce information collection burdens in
accordance with section 3505(a)(1), a list of the
programs and statutory responsibilities of those
agencies that precluded that reduction, and
recommendations to assist those agencies to reduce
information collection burdens in accordance with
that section;
- improved the quality and utility of statistical
information;
- improved public access to Government
information; and
- improved program performance and the
accomplishment of agency missions through
information resources management.
- The preparation of any report required by this
section shall be based on performance results
reported by the agencies and shall not increase
the collection of information burden on persons
outside the Federal Government.
- Sec. 3515. Administrative powers
- Upon the request of the Director, each agency
(other than an independent regulatory agency) shall,
to the extent practicable, make its services,
personnel, and facilities available to the Director
for the performance of functions under this chapter.
- Sec. 3516. Rules and regulations
- The Director shall promulgate rules, regulations,
or procedures necessary to exercise the authority
provided by this chapter.
- Sec. 3517. Consultation with other agencies and the
public
- In developing information resources management
policies, plans, rules, regulations, procedures, and
guidelines and in reviewing collections of
information, the Director shall provide interested
agencies and persons early and meaningful opportunity
to comment.
- Any person may request the Director to review any
collection of information conducted by or for an
agency to determine, if, under this chapter, a person
shall maintain, provide, or disclose the information
to or for the agency. Unless the request is frivolous,
the Director shall, in coordination with the agency
responsible for the collection of information--
- respond to the request within 60 days after
receiving the request, unless such period is
extended by the Director to a specified date and the
person making the request is given notice of such
extension; and
- take appropriate remedial action, if necessary.
- Sec. 3518. Effect on existing laws and regulations
- Except as otherwise provided in this chapter, the
authority of an agency under any other law to
prescribe policies, rules, regulations, and procedures
for Federal information resources management
activities is subject to the authority of the Director
under this chapter.
- Nothing in this chapter shall be deemed to affect
or reduce the authority of the Secretary of Commerce
or the Director of the Office of Management and Budget
pursuant to Reorganization Plan No. 1 of 1977 (as
amended) and Executive order, relating to
telecommunications and information policy, procurement
and management of telecommunications and information
systems, spectrum use, and related matters.
- Except as provided in paragraph (2), this chapter
shall not apply to the collection of information--
- during the conduct of a Federal criminal
investigation or prosecution, or during the
disposition of a particular criminal matter;
- during the conduct of--
- a civil action to which the United States or
any official or agency thereof is a party; or
`(ii) an administrative action or investigation
involving an agency against specific individuals
or entities;
- by compulsory process pursuant to the Antitrust
Civil Process Act and section 13 of the Federal
Trade Commission Improvements Act of 1980; or
- during the conduct of intelligence activities as
defined in section 3.4(e) of Executive Order No.
12333, issued December 4, 1981, or successor orders,
or during the conduct of cryptologic activities that
are communications security activities.
- This chapter applies to the collection of
information during the conduct of general
investigations (other than information collected in an
antitrust investigation to the extent provided in
subparagraph (C) of paragraph (1)) undertaken with
reference to a category of individuals or entities
such as a class of licensees or an entire industry.
- Nothing in this chapter shall be interpreted as
increasing or decreasing the authority conferred by
Public Law 89-306 on the Administrator of the
General Services Administration, the Secretary of
Commerce, or the Director of the Office of
Management and Budget.
- Nothing in this chapter shall be interpreted as
increasing or decreasing the authority of the
President, the Office of Management and Budget or
the Director thereof, under the laws of the United
States, with respect to the substantive policies and
programs of departments, agencies and offices,
including the substantive authority of any Federal
agency to enforce the civil rights laws.
- Sec. 3519. Access to information
- Under the conditions and procedures prescribed in
section 716 of title 31, the Director and personnel in
the Office of Information and Regulatory Affairs shall
furnish such information as the Comptroller General
may require for the discharge of the responsibilities
of the Comptroller General. For the purpose of
obtaining such information, the Comptroller General or
representatives thereof shall have access to all
books, documents, papers and records, regardless of
form or format, of the Office.
- Sec. 3520. Authorization of appropriations
- There are authorized to be appropriated to the
Office of Information and Regulatory Affairs to carry
out the provisions of this chapter, and for no other
purpose, $8,000,000 for each of the fiscal years 1996,
1997, 1998, 1999, 2000, and 2001.'.
SEC. 3. BURDEN REDUCTION REGARDING QUARTERLY FINANCIAL
REPORT PROGRAM AT BUREAU OF THE CENSUS.
Section 91 of title 13, United States Code, is amended by
adding at the end the following new subsection:
- The Secretary shall not select an organization or
entity for participation in a survey, if--
- the organization or entity--
- has assets of less than $50,000,000;
- completed participation in a prior survey in the
preceding 10-year period, as determined by the
Secretary; and
- was selected for that prior survey participation
after September 30, 1990; or
- the organization or entity--
- has assets of more than $50,000,000 and less than
$100,000,000;
- completed participation in a prior survey in the
preceding 2-year period, as determined by the
Secretary; and
- was selected for that prior survey participation
after September 30, 1995.
-
- The Secretary shall furnish advice and similar
assistance to ease the burden of a small business
concern which is attempting to compile and furnish the
business information required of organizations and
entities participating in the survey.
- To facilitate the provision of the assistance under
subparagraph (A), the Secretary shall establish a
toll-free telephone number.
- The Secretary shall expand the use of statistical
sampling techniques to select organizations and entities
having assets less than $100,000,000 to participate in
the survey.
- The Secretary may undertake such additional paperwork
burden reduction initiatives with respect to the conduct
of the survey as may be deemed appropriate by the
Secretary.
- For purposes of this subsection:
- The term `small business concern' means a business
concern that meets the requirements of section 3(a) of
the Small Business Act and the regulations promulgated
pursuant thereto.
- The term `survey' means the collection of
information by the Secretary pursuant to this section
for the purpose of preparing the publication entitled
`Quarterly Financial Report for Manufacturing, Mining,
and Trade Corporations'.'.
SEC. 4. EFFECTIVE DATE.
- IN GENERAL- Except as otherwise provided in this
section, this Act and the amendments made by this Act
shall take effect on October 1, 1995.
- AUTHORIZATION OF APPROPRIATIONS- Section 3520 of title
44, United States Code, as amended by this Act, shall take
effect on the date of enactment of this Act.
- DELAYED APPLICATION- In the case of a collection of
information for which there is in effect on September 30,
1995, a control number issued by the Office of Management
and Budget under chapter 35 of title 44, United States
Code--
- the amendments made by this Act shall apply to the
collection of information beginning on the earlier of--
- the first renewal or modification of that
collection of information after September 30, 1995; or
- the expiration of its control number after
September 30, 1995. (2) prior to such renewal,
modification, or expiration, the collection of
information shall be subject to chapter 35 of title
44, United States Code, as in effect on September 30,
1995. Speaker of the House of Representatives. Vice
President of the United States and President of the
Senate.
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