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
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,
This Act may be cited as the `Paperwork Reduction Act of 1995'.
Chapter 35 of title 44, United States Code, is amended to read as follows:
Sec.
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 100-235); 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.
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) Government-owned contractor-operated 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.
(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.
(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 system-wide 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 inter-agency
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.
(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 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
(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.
(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)
(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 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--
(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.
(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.
(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 60-day 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.
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.
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.
(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.
(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
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;
(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.).
(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.
(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.
(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.
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.
The Director shall promulgate rules, regulations, or procedures
necessary to exercise the authority provided by this chapter.
(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.
(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.
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.
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.'.
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 10-year 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 2-year 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 toll-free
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'.'.
(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.
Sec. 3501. Purposes
Sec. 3502. Definitions
Sec. 3503. Office of Information and Regulatory Affairs
Sec. 3504. Authority and functions of Director
Sec. 3505. Assignment of tasks and deadlines
(a) In carrying out the functions under this chapter, the
Director shall--
Sec. 3506. Federal agency responsibilities
(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.
Sec. 3507. Public information collection activities; submission to
Director; approval and delegation
(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).
Sec. 3508. Determination of necessity for information; hearing
Sec. 3509. Designation of central collection agency
Sec. 3510. Cooperation of agencies in making information available
Sec. 3511. Establishment and operation of Government Information
Locator Service
Sec. 3512. Public protection
Sec. 3513. Director review of agency activities; reporting; agency
response
Sec. 3514. Responsiveness to Congress
Sec. 3515. Administrative powers
Sec. 3516. Rules and regulations
Sec. 3517. Consultation with other agencies and the public
Sec. 3518. Effect on existing laws and regulations
Sec. 3519. Access to information
Sec. 3520. Authorization of appropriations
SEC. 3. BURDEN REDUCTION REGARDING QUARTERLY FINANCIAL REPORT
PROGRAM AT BUREAU OF THE CENSUS.
SEC. 4. EFFECTIVE DATE.