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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 35COORDINATION 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
(1) 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;
(2) 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;
(3) 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;
(4) improve the quality and use of Federal information to strengthen decisionmaking,
accountability, and openness in Government and society;
(5) minimize the cost to the Federal Government of the creation, collection,
maintenance, use, dissemination, and disposition of information;
(6) 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;
(7) 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;
(8) 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
(A) privacy and confidentiality, including section 552a of title 5;
(B) security of information, including the Computer Security Act of 1987 (Public
Law 100235); and
(C) access to information, including section 552 of title 5;
(9) ensure the integrity, quality, and utility of the Federal statistical system;
(10) 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
(11) 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
(1) 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
(A) the General Accounting Office;
(B) Federal Election Commission;
(C) the governments of the District of Columbia and of the territories and
possessions of the United States, and their various subdivisions; or
(D) Governmentowned contractoroperated facilities, including laboratories engaged
in national defense research and production activities;
(2) 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
(A) reviewing instructions;
(B) acquiring, installing, and utilizing technology and systems;
(C) adjusting the existing ways to comply with any previously applicable instructions
and requirements;
(D) searching data sources;
(E) completing and reviewing the collection of information; and
(F) transmitting, or otherwise disclosing the information;
(3) the term 'collection of information'
(A) 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
(i) 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
(ii) answers to questions posed to agencies, instrumentalities, or employees
of the United States which are to be used for general statistical purposes; and
(B) shall not include a collection of information described under section 3518(c)(1);
(4) the term 'Director' means the Director of the Office of Management and
Budget;
(5) 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;
(6) the term 'information resources' means information and related resources,
such as personnel, equipment, funds, and information technology;
(7) 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;
(8) the term 'information system' means a discrete set of information resources
organized for the collection, processing, maintenance, use, sharing, dissemination,
or disposition of information;
(9) 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));
(10) 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;
(11) 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;
(12) the term 'public information' means any information, regardless of form
or format, that an agency discloses, disseminates, or makes available to the public;
(13) the term 'recordkeeping requirement' means a requirement imposed by or
for an agency on persons to maintain specified records, including a requirement
to
(A) retain such records;
(B) notify third parties, the Federal Government, or the public of the existence
of such records;
(C) disclose such records to third parties, the Federal Government, or the
public; or
(D) report to third parties, the Federal Government, or the public regarding
such records; and
(14) 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
(a) There is established in the Office of Management and Budget an office to
be known as the Office of Information and Regulatory Affairs.
(b) 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
(a) (1) 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
(A) develop, coordinate and oversee the implementation of Federal information
resources management policies, principles, standards, and guidelines; and
(B) provide direction and oversee
(i) the review and approval of the collection of information and the reduction
of the information collection burden;
(ii) agency dissemination of and public access to information;
(iii) statistical activities;
(iv) records management activities;
(v) privacy, confidentiality, security, disclosure, and sharing of information;
and
(vi) the acquisition and use of information technology.
(2) The authority of the Director under this chapter shall be exercised consistent
with applicable law.
(b) With respect to general information resources management policy, the Director
shall
(1) develop and oversee the implementation of uniform information resources
management policies, principles, standards, and guidelines;
(2) foster greater sharing, dissemination, and access to public information,
including through
(A) the use of the Government Information Locator Service; and
(B) the development and utilization of common standards for information collection,
storage, processing and communication, including standards for security, interconnectivity
and interoperability;
(3) initiate and review proposals for changes in legislation, regulations,
and agency procedures to improve information resources management practices;
(4) oversee the development and implementation of best practices in information
resources management, including training; and
(5) oversee agency integration of program and management functions with information
resources management functions.
(c) With respect to the collection of information and the control of paperwork,
the Director shall
(1) review and approve proposed agency collections of information;
(2) 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;
(3) minimize the Federal information collection burden, with particular emphasis
on those individuals and entities most adversely affected;
(4) maximize the practical utility of and public benefit from information collected
by or for the Federal Government; and
(5) establish and oversee standards and guidelines by which agencies are to
estimate the burden to comply with a proposed collection of information.
(d) With respect to information dissemination, the Director shall develop and
oversee the implementation of policies, principles, standards, and guidelines
to
(1) apply to Federal agency dissemination of public information, regardless
of the form or format in which such information is disseminated; and
(2) promote public access to public information and fulfill the purposes of
this chapter, including through the effective use of information technology.
(e) With respect to statistical policy and coordination, the Director shall
(1) coordinate the activities of the Federal statistical system to ensure
(A) the efficiency and effectiveness of the system; and
(B) the integrity, objectivity, impartiality, utility, and confidentiality
of information collected for statistical purposes;
(2) ensure that budget proposals of agencies are consistent with systemwide
priorities for maintaining and improving the quality of Federal statistics and
prepare an annual report on statistical program funding;
(3) develop and oversee the implementation of Governmentwide policies, principles,
standards, and guidelines concerning
(A) statistical collection procedures and methods;
(B) statistical data classification;
(C) statistical information presentation and dissemination;
(D) timely release of statistical data; and
(E) such statistical data sources as may be required for the administration
of Federal programs;
(4) evaluate statistical program performance and agency compliance with Governmentwide
policies, principles, standards and guidelines;
(5) promote the sharing of information collected for statistical purposes consistent
with privacy rights and confidentiality pledges;
(6) coordinate the participation of the United States in international statistical
activities, including the development of comparable statistics;
(7) appoint a chief statistician who is a trained and experienced professional
statistician to carry out the functions described under this subsection;
(8) establish an Interagency Council on Statistical Policy to advise and assist
the Director in carrying out the functions under this subsection that shall
(A) be headed by the chief statistician; and
(B) consist of
(i) the heads of the major statistical programs; and
(ii) representatives of other statistical agencies under rotating membership;
and
(9) provide opportunities for training in statistical policy functions to employees
of the Federal Government under which
(A) 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
(B) all costs of the training shall be paid by the agency requesting training.
(f) With respect to records management, the Director shall
(1) 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;
(2) review compliance by agencies with
(A) the requirements of chapters 29, 31, and 33 of this title; and
(B) regulations promulgated by the Archivist of the United States and the Administrator
of General Services; and
(3) 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.
(g) With respect to privacy and security, the Director shall
(1) 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;
(2) 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
(3) 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.
(h) With respect to Federal information technology, the Director shall
(1) in consultation with the Director of the National Institute of Standards
and Technology and the Administrator of General Services
(A) 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
(B) 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));
(2) 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);
(3) 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;
(4) ensure, through the review of agency budget proposals, information resources
management plans and other means
(A) agency integration of information resources management plans, program plans
and budgets for acquisition and use of information technology; and
(B) the efficiency and effectiveness of interagency information technology
initiatives to improve agency performance and the accomplishment of agency missions;
and
(5) 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
(a) In carrying out the functions under this chapter, the Director shall
(1) 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
(A) reduce information collection burdens imposed on the public that
(i) represent the maximum practicable opportunity in each agency; and
(ii) are consistent with improving agency management of the process for the
review of collections of information established under section 3506(c); and
(B) improve information resources management in ways that increase the productivity,
efficiency and effectiveness of Federal programs, including service delivery to
the public;
(2) with selected agencies and nonFederal 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
(3) 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) a description of the objectives and the means by which the Federal Government
shall apply information resources to improve agency and program performance;
(B) plans for
(i) reducing information burdens on the public, including reducing such burdens
through the elimination of duplication and meeting shared data needs with shared
resources;
(ii) enhancing public access to and dissemination of, information, using electronic
and other formats; and
(iii) meeting the information technology needs of the Federal Government in
accordance with the purposes of this chapter; and
(C) a description of progress in applying information resources management
to improve agency performance and the accomplishment of missions.
(b) 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
(a)(1) The head of each agency shall be responsible for
(A) carrying out the agency's information resources management activities to
improve agency productivity, efficiency, and effectiveness; and
(B) complying with the requirements of this chapter and related policies established
by the Director.
(2)(A) 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.
(B) 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.
(3) 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.
(4) 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.
(b) With respect to general information resources management, each agency shall
(1) manage information resources to
(A) reduce information collection burdens on the public;
(B) increase program efficiency and effectiveness; and
(C) 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;
(2) 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;
(3) develop and maintain an ongoing process to
(A) ensure that information resources management operations and decisions are
integrated with organizational planning, budget, financial management, human resources
management, and program decisions;
(B) 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
(C) 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;
(4) 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
(5) 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.
(c) With respect to the collection of information and the control of paperwork,
each agency shall
(1) 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
(A) review each collection of information before submission to the Director
for review under this chapter, including
(i) an evaluation of the need for the collection of information;
(ii) a functional description of the information to be collected;
(iii) a plan for the collection of the information;
(iv) a specific, objectively supported estimate of burden;
(v) a test of the collection of information through a pilot program, if appropriate;
and
(vi) a plan for the efficient and effective management and use of the information
to be collected, including necessary resources;
(B) ensure that each information collection
(i) is inventoried, displays a control number and, if appropriate, an expiration
date;
(ii) indicates the collection is in accordance with the clearance requirements
of section 3507; and
(iii) informs the person receiving the collection of information of
(I) the reasons the information is being collected;
(II) the way such information is to be used;
(III) an estimate, to the extent practicable, of the burden of the collection;
(IV) whether responses to the collection of information are voluntary, required
to obtain a benefit, or mandatory; and
(V) 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
(C) assess the information collection burden of proposed legislation affecting
the agency;
(2)(A) except as provided under subparagraph (B) or section 3507(j), provide
60day 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
(i) 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;
(ii) evaluate the accuracy of the agency's estimate of the burden of the proposed
collection of information;
(iii) enhance the quality, utility, and clarity of the information to be collected;
and
(iv) 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
(B) 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
(3) 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
(A) is necessary for the proper performance of the functions of the agency,
including that the information has practical utility;
(B) is not unnecessarily duplicative of information otherwise reasonably accessible
to the agency;
(C) 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
(i) establishing differing compliance or reporting requirements or timetables
that take into account the resources available to those who are to respond;
(ii) the clarification, consolidation, or simplification of compliance and
reporting requirements; or
(iii) an exemption from coverage of the collection of information, or any part
thereof;
(D) is written using plain, coherent, and unambiguous terminology and is understandable
to those who are to respond;
(E) 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;
(F) indicates for each recordkeeping requirement the length of time persons
are required to maintain the records specified;
(G) contains the statement required under paragraph (1)(B)(iii);
(H) 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;
(I) uses effective and efficient statistical survey methodology appropriate
to the purpose for which the information is to be collected; and
(J) to the maximum extent practicable, uses information technology to reduce
burden and improve data quality, agency efficiency and responsiveness to the public.
(d) With respect to information dissemination, each agency shall
(1) ensure that the public has timely and equitable access to the agency's
public information, including ensuring such access through
(A) encouraging a diversity of public and private sources for information based
on government public information;
(B) 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
(C) agency dissemination of public information in an efficient, effective,
and economical manner;
(2) regularly solicit and consider public input on the agency's information
dissemination activities;
(3) provide adequate notice when initiating, substantially modifying, or terminating
significant information dissemination products; and
(4) not, except where specifically authorized by statute
(A) establish an exclusive, restricted, or other distribution arrangement that
interferes with timely and equitable availability of public information to the
public;
(B) restrict or regulate the use, resale, or redissemination of public information
by the public;
(C) charge fees or royalties for resale or redissemination of public information;
or
(D) establish user fees for public information that exceed the cost of dissemination.
(e) With respect to statistical policy and coordination, each agency shall
(1) ensure the relevance, accuracy, timeliness, integrity, and objectivity
of information collected or created for statistical purposes;
(2) inform respondents fully and accurately about the sponsors, purposes, and
uses of statistical surveys and studies;
(3) protect respondents' privacy and ensure that disclosure policies fully
honor pledges of confidentiality;
(4) observe Federal standards and practices for data collection, analysis,
documentation, sharing, and dissemination of information;
(5) 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
(6) make data available to statistical agencies and readily accessible to the
public.
(f) 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.
(g) With respect to privacy and security, each agency shall
(1) 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;
(2) 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
(3) 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.
(h) With respect to Federal information technology, each agency shall
(1) implement and enforce applicable Governmentwide and agency information
technology management policies, principles, standards, and guidelines;
(2) assume responsibility and accountability for information technology investments;
(3) 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;
(4) 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
(5) assume responsibility for maximizing the value and assessing and managing
the risks of major information systems initiatives through a process that is
(A) integrated with budget, financial, and program management decisions; and
(B) 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
(a) An agency shall not conduct or sponsor the collection of information unless
in advance of the adoption or revision of the collection of information
(1) the agency has
(A) conducted the review established under section 3506(c)(1);
(B) evaluated the public comments received under section 3506(c)(2);
(C) 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
(D) published a notice in the Federal Register
(i) stating that the agency has made such submission; and
(ii) setting forth
(I) a title for the collection of information;
(II) a summary of the collection of information;
(III) a brief description of the need for the information and the proposed
use of the information;
(IV) a description of the likely respondents and proposed frequency of response
to the collection of information;
(V) an estimate of the burden that shall result from the collection of information;
and
(VI) notice that comments may be submitted to the agency and Director;
(2) the Director has approved the proposed collection of information or approval
has been inferred, under the provisions of this section; and
(3) the agency has obtained from the Director a control number to be displayed
upon the collection of information.
(b) 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).
(c)(1) 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.
(2) 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.
(3) If the Director does not notify the agency of a denial or approval within
the 60day period described under paragraph (2)
(A) the approval may be inferred;
(B) a control number shall be assigned without further delay; and
(C) the agency may collect the information for not more than 1 year.
(d)(1) For any proposed collection of information contained in a proposed rule
(A) 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
(B) 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;
(2) When a final rule is published in the Federal Register, the agency shall
explain
(A) how any collection of information contained in the final rule responds
to the comments, if any, filed by the Director or the public; or
(B) the reasons such comments were rejected.
(3) 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.
(4) No provision in this section shall be construed to prevent the Director,
in the Director's discretion
(A) from disapproving any collection of information which was not specifically
required by an agency rule;
(B) 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;
(C) 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.
(5) 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.
(e)(1) 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.
(2) 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.
(3) This subsection shall not require the disclosure of
(A) 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
(B) 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.
(f)(1) An independent regulatory agency which is administered by 2 or more
members of a commission, board, or similar body, may by majority vote void
(A) any disapproval by the Director, in whole or in part, of a proposed collection
of information of that agency; or
(B) an exercise of authority under subsection (d) of section 3507 concerning
that agency.
(2) 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.
(g) The Director may not approve a collection of information for a period in
excess of 3 years.
(h)(1) If an agency decides to seek extension of the Director's approval granted
for a currently approved collection of information, the agency shall
(A) 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
(B) 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.
(2) 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
(A) publish an explanation thereof in the Federal Register; and
(B) instruct the agency to undertake a rulemaking within a reasonable time
limited 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.
(3) 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.
(i)(1) 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.
(2) 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.
(j)(1) The agency head may request the Director to authorize a collection of
information, if an agency head determines that
(A) a collection of information
(i) is needed prior to the expiration of time periods established under this
chapter; and
(ii) is essential to the mission of the agency; and
(B) the agency cannot reasonably comply with the provisions of this chapter
because
(i) public harm is reasonably likely to result if normal clearance procedures
are followed;
(ii) an unanticipated event has occurred; or
(iii) 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.
(2) 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
(a) 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.
(b)(1) 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.
(2) 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
(a) 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
(1) cause to be established and maintained a distributed agencybased 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;
(2) 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;
(3) 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;
(4) consider public access and other user needs in the establishment and operation
of the Service;
(5) 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
(6) 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.
(b) 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
(a) 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
(1) the collection of information does not display a valid control number assigned
by the Director in accordance with this chapter; or
(2) 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.
(b) 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
(a) 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.
(b) 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
(1) be taken to address information resources management problems identified
in the report; and
(2) improve agency performance and the accomplishment of agency missions.
Sec. 3514. Responsiveness to Congress
(a)(1) The Director shall
(A) keep the Congress and congressional committees fully and currently informed
of the major activities under this chapter; and
(B) 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.
(2) The Director shall include in any such report a description of the extent
to which agencies have
(A) reduced information collection burdens on the public, including
(i) a summary of accomplishments and planned initiatives to reduce collection
of information burdens;
(ii) a list of all violations of this chapter and of any rules, guidelines,
policies, and procedures issued pursuant to this chapter;
(iii) a list of any increase in the collection of information burden, including
the authority for each such collection; and
(iv) 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;
(B) improved the quality and utility of statistical information;
(C) improved public access to Government information; and
(D) improved program performance and the accomplishment of agency missions
through information resources management.
(b) 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
(a) 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.
(b) 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
(1) 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
(2) take appropriate remedial action, if necessary.
Sec. 3518. Effect on existing laws and regulations
(a) 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.
(b) 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.
(c)(1) Except as provided in paragraph (2), this chapter shall not apply
to the collection of information
(A) during the conduct of a Federal criminal investigation or prosecution,
or during the disposition of a particular criminal matter;
(B) during the conduct of
(i) 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;
(C) by compulsory process pursuant to the Antitrust Civil Process Act and section
13 of the Federal Trade Commission Improvements Act of 1980; or
(D) 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.
(2) 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.
(d) Nothing in this chapter shall be interpreted as increasing or decreasing
the authority conferred by Public Law 89306 on the Administrator of the General
Services Administration, the Secretary of Commerce, or the Director of the Office
of Management and Budget.
(e) 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:
(d)(1) The Secretary shall not select an organization or entity for participation
in a survey, if
(A) the organization or entity
(i) has assets of less than $50,000,000;
(ii) completed participation in a prior survey in the preceding 10year period,
as determined by the Secretary; and
(iii) was selected for that prior survey participation after September 30,
1990; or
(B) the organization or entity
(i) has assets of more than $50,000,000 and less than $100,000,000;
(ii) completed participation in a prior survey in the preceding 2year period,
as determined by the Secretary; and
(iii) was selected for that prior survey participation after September 30,
1995.
(2)(A) 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.
(B) To facilitate the provision of the assistance under subparagraph (A), the
Secretary shall establish a tollfree telephone number.
(C) 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.
(3) 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.
(4) For purposes of this subsection:
(A) 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.
(B) 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.
(a) 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.
(b) 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.
(c) 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
(1) the amendments made by this Act shall apply to the collection of information
beginning on the earlier of
(A) the first renewal or modification of that collection of information after
September 30, 1995; or
(B) 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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