# Presentation: 412019

## Federal Data CollectionClearance and Comment Process

- February 2006

## Topics

- What is the Federal Register?
- What are the legal requirements?
- Who Can Comment?
- Daily Updates
- Event Timeline
- What to look for

## Topics (continued)

- Where do I find the information collection submission document
- On what can I comment?
- How do I comment?
- What are suggestions for managing the comment process?
- Questions?

## What is the Federal Register?

-      The Federal Register is an official daily legal publication that informs citizens of:
- 	- Rights and obligations
- 	- Opportunities for funding and federal benefits
- 	- Actions of Federal agencies for accountability to the public

## What are the Legal Requirements?

-      Federal Register Act (Title 44 U.S.C.   Chap. 15)
- 	The Federal Register Act established the basic legal structure of the regulatory system:
- Central location for filing documents for public inspection
- The daily Federal Register – a single, uniform publication for Executive Agency rules and notices and Presidential documents
- The Code of Federal Regulations – a codification (numerical arrangement) of rules

## What are the Legal Requirements?

- Paperwork Reduction Act
- Public Law 104-13
- Codified in Title 44, Chapter 35, Subchapter I
- 	The purposes of this subchapter 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;...

- 44 USC §3501 (1)

## Definition: Burden

- 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

- 44 USC §3502 (2)

## Definition: Collection of Information

-         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:
- 	(i) answers to identical questions posted to, or identical reporting to recordkeeping requirements imposed on, ten or more persons, other than agencies, instrumentalities, or employees of the United States.

- 44 USC §3502 (3)

## How do I register to receive daily email updates?

-      To receive daily Federal Register e-mail updates click on:
- _http://listserv.access.gpo.gov/_
-       Subscribe by clicking on “online mailing list archives”, then “FEDREGTOC-L” and completing the subscription form.  An email message with a confirmation code will be sent to the address to confirm your identity.

**Notes:**
Refer audience to Supporting Handouts (in Yellow) – Slide 9 - LISTSRV

## CCSSO Service

-     As a service to Forum members, the Council of Chief State School Officers’ (CCSSO) staff forward collection alerts to the Forum Members listserv that are sent out on the Education Information Management Advisory Consortium (EIMAC) listserv.

## Who Can Comment?

-     Any member of the public can comment. However, organization leaders may want to consider managing their  comments to prevent the possibility of overwhelm the process.

## What do I look for?

- OMB 83i
- Paperwork Reduction Act Submission Form (OMB 83i)
- _http://www.whitehouse.gov/omb/inforeg/83i-fill.pdf_
**Supporting Statement**
- Requirement
- Purpose
- Automation
- Duplication/Overlap
- Small Business Impact
- Scale back Consequences
- Special Circumstance
**Comments and Responses**
- Respondent Remuneration
- Confidentiality Assurance

- Sensitive Questions?
**Hour Burden Calculation**
- Annualized Cost Estimate
- Federal Cost
- Reason for Program Change
- Tabulation & Publication Plans
- Expiration Date Exception
- Other Exceptions Explanation

**Notes:**
Refer Audience to Hard Copy OMB 83i and Supporting Statement (in Pink) – draw their attention to Section 13 – Hour Burden 
This is the information that gets translated into the Federal Register announcement.

When reviewing for comment, ask the following questions:
Are the collection in total as well as all individual data elements in the collection necessary for proper functioning of the department?
Are there data elements that are already being collected, or which could be easily collected, that could be substituted for data elements that would require excessive burden to collect?
Will the information collected be processed and used in a timely manner so that it is of value to multiple audiences and worth the burden?
Is the estimate of burden accurate when considering burden for both LEA’s and SEA’s?  

## Event Timeline

**Federal Program Office**
**Designs Collection**

**Program Office Completes **
**OMB 83i**

**60-Day USED Comment Period**

**30-Day OMB Comment Period**

**USDE Responds to Comments**
**(Revisions)**

**USDE Responds to Comments**
**(Revisions)**

**OMB Approval**

## Where do I find the collection document to be reviewed? 

**Federal Register Index**
- _http://www.gpo.gov/su_docs/aces/fr-cont.html_
- The table of contents at the beginning of every Federal Register is organized alphabetically by agency (e.g., Education Department).  It lists all documents in the issue, including page spans.
**Federal Register Notice**
- To access the Federal Register notice click on the text or PDF link.  The notification provides an overview of the proposal.

**Notes:**
Refer to Handouts – Slide 13 (in Yellow) – Federal Register Index 1 – ALSO – use this opportunity to go over the Federal Register notification for the CSPR

Then, refer to actual Federal Register Notice (Blue) and highlight (1) comments due date, (2) where to get the packet off of the EDICS site, and (3) where to send comments

## Education Data Information Collection System (EDICS)

-     The information collection for review may also be accessed from _http://edicsweb.ed.gov_ by selecting the “Browse Pending Collections” link and by clicking on the link number associated with the collection package. Next, click on “Download Attachments” to view the file attachments for the collection package.

**Notes:**
Refer to Handouts (in Yellow) – Slide 14 – EDICS Web Site 1 through 4

## Attachments for Collection Package...

- For example, file attachments
- might include:
- _[Consolidated State Performance Report (CSPR)](http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/E5-7186.htm)__ _
- The 60-day FR notice published: Sep 20, 2005
- The 30-day FR notice published: Dec 12, 2005
- _[OMB 83i, Paperwork Reduction Act submission form](http://edicsweb.ed.gov/edics_files_web/02872/att_OMB83I.doc)_
- _[Supporting Statement](http://edicsweb.ed.gov/edics_files_web/02872/Att_supplemental%20stateme.doc)_
- Proposed information collection document to be reviewed
- Summary of CSPR Comments and Responses

**Notes:**
Refer to Supporting Handouts (in Yellow) – Slide 15 – Be sure to highlight that this document shows when comments are due, where to get the packet materials and where to send them

Also, refer to the CSPR Comments (in Green)

## On What Can I Comment?

- 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.
- The accuracy of the agency’s estimate of the burden of the proposed collection of information.
- The quality, utility, and clarity of the information to be collected.
- 4. 	Are there less burdensome ways to collect the information, including through the use of automated collection techniques or other forms of information technology?

- 44 USC §3506 (c) (2)

## How Do I Comment?

- There is no standard format for the comments; however, comments should address the 4 main areas. In the past, some states have sent comments as formal letters, some as simple documents, some as e-mails.
- Each Federal Register Notice contains an e-mail address indicating where to send comments.

## What are the Suggestions for Managing the Process?

- Select someone to monitor the register who has good general knowledge of the work of the agency
- Work with the monitor to develop a formal process for monitoring data collection announcements on the Register
- Review data collections on a regular schedule
- Concentrate on items from the Department of Education, paying particular attention to the items highlighted in information from CCSSO
- Collaborate with the EDEN coordinator and with the data stewards in areas related to an announcement to review collection documentation and develop comments
- Summarize comments in a document to be sent to the USDE within the 60-day comment period by the Secretary/Commissioner
- Share comments with other states

**Notes:**
The integration of program area data into data systems has caused departments of education to change the way they do business.  Departments must retrain program specialists so that they become more knowledgeable about the total work of the department.

The formal monitoring process should speak to such things as –
Determining what is new and relevant in the Register
Disseminating information about proposed data collections to appropriate staff
Coordinating efforts for reviewing proposed data collections and commenting on the collections according to the established timelines
Working with external and internal staff to compute burden
Submitting the comments to the USDOE and to (or in collaboration with) other states

## What are the Suggestions for Managing the Process?

- Also, develop a process for monitoring grant opportunities in the Register
- Present review processes to agency leadership and have leadership sign off on processes
- Develop Federal Register training modules to be included in agency leadership, Federal Register monitor, EDEN coordinator, and data steward training

## Upcoming OMB Reviews

**March/April** - guidance about collecting and reporting race/ethnicity data should be out for public comment
**Early May** - 2006-07 EDEN data elements, including a summary of how USDE’s current collections will be affected by EDEN