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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2995 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2995

  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, to establish the 
 Commission on Information Technology and Paperwork Reduction, and for 
                            other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             August 6, 1993

  Mr. Sisisky (for himself, Mr. Clinger, Mr. LaFalce, Mr. Michel, Mr. 
Mazzoli, Mr. McDade, Mr. Wise, Mrs. Meyers of Kansas, Mr. Skelton, Mr. 
Bachus of Alabama, Mr. Baker of California, Mr. Moran, Mr. Bateman, Mr. 
Cooper, Ms. Pryce of Ohio, Mrs. Lloyd, Mr. Blute, Ms. Byrne, Ms. Eshoo, 
Mr. Boehner, Mr. Valentine, Mr. Bonilla, Mr. Oberstar, Mr. Bunning, Ms. 
Kaptur, Mr. Burton of Indiana, Mrs. Maloney, Mr. Payne of Virginia, Mr. 
   Castle, Mr. Stenholm, Mr. Combest, Mr. Lancaster, Mr. DeLay, Mr. 
  McCurdy, Mr. Doolittle, Mr. Pickett, Mr. Emerson, Ms. Lambert, Mr. 
    Fawell, Mr. Pete Green of Texas, Mr. Goodlatte, Mr. Orton, Mr. 
Goodling, Mr. Jacobs, Mr. Gunderson, Mr. Montgomery, Mr. Greenwood, Mr. 
Bilbray, Mr. Hobson, Mr. Darden, Mr. Inglis of South Carolina, Mr. Kim, 
 Mr. Sarpalius, Mr. Kingston, Ms. Harman, Mr. Kolbe, Mr. Hastings, Mr. 
   Machtley, Mr. Hefner, Mr. McCandless, Mr. Holden, Mr. Hughes, Mr. 
McHugh, Mr. Johnson of South Dakota, Mr. Petri, Mr. Cramer, Mr. Parker, 
   Mr. Porter, Mr. Poshard, Mr. Portman, Mr. Rowland, Mr. Ridge, Ms. 
   Shepherd, Mr. Roberts, Mr. Fingerhut, Mrs. Roukema, Mr. Roth, Mr. 
  Schiff, Mr. Sensenbrenner, Mr. Shays, Mr. Skeen, Mr. Sundquist, Mr. 
 Talent, Mr. Thomas of Wyoming, Mr. Torkildsen, Mr. Upton, Mr. Walsh, 
   Mr. Weldon, Mr. Zeliff, Mr. Zimmer, and Mr. Sam Johnson of Texas) 
 introduced the following bill; which was referred to the Committee on 
                         Government Operations

_______________________________________________________________________

                                 A BILL

 
  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, to establish the 
 Commission on Information Technology and Paperwork Reduction, 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 1993''.

SEC. 2. TABLE OF CONTENTS.

    The contents of this Act are as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
                TITLE I--AUTHORIZATION OF APPROPRIATIONS

Sec. 101. Authorization of appropriations.
    TITLE II--REDUCING THE BURDEN OF FEDERAL PAPERWORK ON THE PUBLIC

Sec. 201. Reemphasizing the need to reduce the burden of Federal 
                            paperwork on the public.
Sec. 202. Coverage of all federally sponsored paperwork burdens.
Sec. 203. Paperwork reduction goals.
 TITLE III--ENHANCING FEDERAL AGENCY RESPONSIBILITY AND ACCOUNTABILITY 
              FOR REDUCING THE BURDEN OF FEDERAL PAPERWORK

Sec. 301. Designating an agency official responsible and publicly 
                            accountable for reducing the burden of 
                            Federal paperwork.
Sec. 302. Agency responsibilities for controlling and reducing the 
                            burden of Federal paperwork.
 TITLE IV--ENHANCING GOVERNMENT RESPONSIBILITY AND ACCOUNTABILITY FOR 
                REDUCING THE BURDEN OF FEDERAL PAPERWORK

Sec. 401. Reemphasizing the responsibility of the director to control 
                            the burden of Federal paperwork.
Sec. 402. Enhancing agency responsibility to obtain public review of 
                            proposed paperwork burdens.
Sec. 403. Expediting review at the Office of Management and Budget.
Sec. 404. Improving public and agency scrutiny of paperwork burdens 
                            proposed for renewal.
Sec. 405. Protection for whistleblowers of unauthorized paperwork 
                            burden.
Sec. 406. Enhancing public participation.
Sec. 407. Expediting review of an agency information collection request 
                            with a reduced burden.
TITLE V--ENHANCING AGENCY RESPONSIBILITY FOR SHARING AND DISSEMINATING 
                           PUBLIC INFORMATION

Sec. 501. Prescribing governmentwide standards for sharing and 
                            disseminating public information.
Sec. 502. Agency responsibilities for sharing and disseminating public 
                            information.
Sec. 503. Agency information inventory/locator system.
 TITLE VI--ADDITIONAL GOVERNMENT INFORMATION MANAGEMENT RESPONSIBILITY

Sec. 601. Strengthening the statistical policy and coordination 
                            functions of the Director.
Sec. 602. Use of electronic information collection and dissemination 
                            techniques to reduce burden.
Sec. 603. Agency implementation.
Sec. 604. Automatic data processing equipment plan.
Sec. 605. Technical and conforming amendments.
                       TITLE VII--EFFECTIVE DATES

Sec. 701. Effective dates.

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Section 3520(a) of title 44, United States Code, is amended by 
striking out ``$5,500,000 for each of the fiscal years 1987, 1988, and 
1989.'' and inserting in lieu thereof ``$7,000,000 for fiscal year 
1994, $7,500,000 for fiscal year 1995, $8,000,000 for fiscal year 1996, 
$8,500,000 for fiscal year 1997, and $9,000,000 for fiscal year 
1998.''.

    TITLE II--REDUCING THE BURDEN OF FEDERAL PAPERWORK ON THE PUBLIC

SEC. 201. REEMPHASIZING THE NEED TO REDUCE THE BURDEN OF FEDERAL 
              PAPERWORK ON THE PUBLIC.

    Section 3501 of title 44, United States Code, is amended to read as 
follows:
``Sec.  3501. Purposes
    ``The purposes of this chapter are to--
            ``(1) minimize the Federal paperwork burden for 
        individuals, small businesses, educational and nonprofit 
        institutions, Federal contractors, State and local governments, 
        and other persons;
            ``(2) minimize the cost to the Federal Government of 
        collecting, maintaining, using, retaining, sharing, and 
        disseminating information;
            ``(3) maximize the usefulness of information collected, 
        maintained, used, retained and shared by the Federal 
        Government;
            ``(4) coordinate, integrate and, to the extent practicable 
        and appropriate, make uniform Federal information policies and 
        practices;
            ``(5) ensure that government information resources 
        management is conducted in an efficient and cost effective 
        manner to--
                    ``(A) improve the quality of decisionmaking and 
                program management and administration;
                    ``(B) improve the quality and timeliness of 
                services delivered to the public;
                    ``(C) increase productivity;
                    ``(D) reduce waste and fraud;
                    ``(E) facilitate the sharing of information;
                    ``(F) ensure the integrity, quality and utility of 
                the Federal statistical system; and
                    ``(G) reduce burden upon the public;
            ``(6) ensure that the collection, maintenance, use, 
        retention, sharing, and disseminating of information by or for 
        the Federal Government is consistent with applicable laws;
            ``(7) establish the responsibility and public 
        accountability of Federal agencies for implementing the 
        information collection review process, information resources 
        management, and related policies and guidance established 
        pursuant to this chapter;
            ``(8) ensure that automatic data processing, 
        telecommunications and other information technologies are 
        acquired and used by the Federal Government in an effective and 
        efficient manner that--
                    ``(A) improves service delivery and program 
                management;
                    ``(B) increases productivity;
                    ``(C) improves the quality of decisionmaking;
                    ``(D) reduces waste and fraud;
                    ``(E) maximizes the return on investment from the 
                application of Government information and information 
                technology resources over their life cycle; and
                    ``(F) wherever practicable and appropriate, reduces 
                the information processing burden for the Federal 
                Government and for persons who provide information, 
                keep records and otherwise disclose information to and 
                for the Federal Government; and
            ``(9) strengthen the partnership between the Federal 
        Government with State and local governments by minimizing the 
        burden and maximizing the utility of information collected and 
        shared.''.

SEC. 202. COVERAGE OF ALL FEDERALLY SPONSORED PAPERWORK BURDENS.

    Section 3502 of title 44, United States Code, is amended--
            (1) by amending paragraph (3) to read as follows:
            ``(3) the term `burden' means the time, effort, financial 
        resources, and opportunity costs imposed on persons to 
        generate, capture, assemble, process, maintain, and report 
        information to or for a Federal agency, including--
                    ``(A) the resources expended for obtaining, 
                reviewing and understanding applicable instructions and 
                requirements;
                    ``(B) developing a way to comply with the 
                applicable instructions and requirements;
                    ``(C) adjusting the existing ways to comply with 
                any previously applicable instructions and 
                requirements;
                    ``(D) searching existing data sources;
                    ``(E) obtaining, compiling and maintaining the 
                necessary data;
                    ``(F) implementing recordkeeping requirements;
                    ``(G) completing and reviewing the collection of 
                information;
                    ``(H) retaining, sharing, notifying, reporting, 
                transmitting, labeling, or otherwise disclosing to 
                third parties or the public the information involved; 
                and
                    ``(I) carrying out any other information 
                transaction which occurs as a result of the collection 
                of information;'';
            (2) in paragraph (4) by striking out ``of facts or opinions 
        by'' and inserting in lieu thereof ``(through maintenance, 
        retention, notifying, reporting, labeling or disclosure to 
        third parties or the public) of facts or opinions by or for''; 
        and
            (3) in paragraph (17) by inserting ``, including the 
        retention, reporting, notifying, or disclosure to third parties 
        or the public of such records'' before the period.

SEC. 203. PAPERWORK REDUCTION GOALS.

    Section 3505 of title 44, United States Code, is amended to read as 
follows:
``Sec.  3505. Assignment of tasks and deadlines
    ``In carrying out the functions under this chapter, the Director 
shall--
            ``(1) set a Governmentwide goal, consistent with improving 
        agency management of the process for the review of each 
        collection of information established under section 3506(e), to 
        reduce by September 30, 1994, the burden of Federal collections 
        of information existing on September 30, 1993, by at least 5 
        percent;
            ``(2) for the fiscal year beginning on October 1, 1994, and 
        the following 3 fiscal years, set a Governmentwide goal, 
        consistent with improving agency management of the process for 
        the review of each collection of information established under 
        section 3506(e), to reduce the burden of Federal collections of 
        information existing at the end of the immediately preceding 
        fiscal year by at least 5 percent;
            ``(3) in establishing the Governmentwide goal pursuant to 
        paragraph (2), establish a goal for each agency that--
                    ``(A) represents the maximum practicable 
                opportunity to reduce the paperwork burden imposed upon 
                the public by such agency's collections of information, 
                after considering the recommendations of the senior 
                agency official designated under section 3506(b)(1); 
                and
                    ``(B) permits the attainment of the Governmentwide 
                goal when such agency's goal is aggregated with the 
                individual goals of all other agencies included in the 
                Governmentwide goal; and
            ``(4) in each report issued under section 3514, beginning 
        with the report relating to fiscal year 1994, identify any 
        agency initiatives to reduce the burden of the Federal 
        collections of information associated with--
                    ``(A) businesses, especially small businesses and 
                those engaged in international competition;
                    ``(B) State and local governments; and
                    ``(C) educational institutions.''.

 TITLE III--ENHANCING FEDERAL AGENCY RESPONSIBILITY AND ACCOUNTABILITY 
              FOR REDUCING THE BURDEN OF FEDERAL PAPERWORK

SEC. 301. DESIGNATING AN AGENCY OFFICIAL RESPONSIBLE AND PUBLICLY 
              ACCOUNTABLE FOR REDUCING THE BURDEN OF FEDERAL PAPERWORK.

    Section 3506 of title 44, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking ``Each agency'' and inserting in 
                lieu thereof ``The head of each agency''; and
                    (B) by inserting ``resources'' after ``its 
                information'';
            (2) in subsection (b)--
                    (A) by inserting ``(1)'' before ``The head of each 
                agency''; and
                    (B) by adding at the end thereof the following new 
                paragraphs:
            ``(2) The senior official designated under paragraph (1) 
        shall be the head of an office, established by the head of the 
        agency, responsible for assuring agency compliance with and 
        prompt, efficient, and effective implementation of the 
        information collection review process, information resources 
        management, and related policies and guidance established 
        pursuant to this chapter.
            ``(3) Staff to such office shall be well qualified through 
        experience or training to carry out the information collection 
        review process, information resources management, and related 
        policies and guidance established under this chapter.''; and
            (3) in subsection (c)--
                    (A) by striking out ``and'' after the semicolon at 
                the end of paragraph (7);
                    (B) by striking out the period at the end of 
                paragraph (8) and inserting in lieu thereof a 
                semicolon; and
                    (C) by adding at the end thereof the following new 
                paragraphs:
            ``(9) prepare estimates of burden that will result from 
        proposed collections of information;
            ``(10) develop and maintain a strategic Information 
        Resources Management Plan, in accordance with guidance from the 
        Director, for the application of information resources to 
        support the agency's specified mission goals as articulated 
        through its strategic mission planning process;
            ``(11) establish oversight procedures, in accordance with 
        guidance provided by the Director, to improve the life cycle 
        management of the agency's major information systems; and
            ``(12) assess the agency's efforts to have program offices 
        manage Government information resources by using performance 
        measures that examine such factors as quality and timeliness of 
        service delivery to the public, productivity of program 
        administration, ability to prevent or reduce fraud, and the 
        burden of Government's information collection practices on the 
        public.''.

SEC. 302. AGENCY RESPONSIBILITIES FOR CONTROLLING AND REDUCING THE 
              BURDEN OF FEDERAL PAPERWORK.

    Section 3506 of title 44, United States Code (as amended by section 
301 of this Act) is further amended by adding at the end thereof the 
following new subsections:
    ``(e) The head of each agency, acting through the senior official 
designated under subsection (b)(1), shall establish an efficient, and 
effective process for the prompt review of each information collection 
request before it is submitted to the Director for review and approval 
under this chapter. At a minimum, this review process shall--
            ``(1) be sufficiently independent of program 
        responsibilities to evaluate whether each information 
        collection request should be carried out;
            ``(2) be provided sufficient personnel and other resources 
        to carry out such review responsibility effectively; and
            ``(3) have authority (independent of agency program 
        officers) to approve, disapprove, and make needed improvements 
        in any agency collection of information.
    ``(f) Under the process established under subsection (e), the 
senior official designated under subsection (b)(1) shall certify (and 
provide a record supporting such certification, including any pertinent 
public comments received by the agency) to the Director that--
            ``(1) the collection of information and any applicable 
        instructions and requirements--
                    ``(A) are necessary for the proper performance of 
                the agency's functions and are the least burdensome 
                necessary;
                    ``(B) are not unnecessarily duplicative of 
                information otherwise reasonably accessible to the 
                agency;
                    ``(C) have practical utility;
                    ``(D) are written using plain, coherent, and 
                unambiguous terminology;
                    ``(E) are 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) are understandable to those who are to 
                respond;
                    ``(G) display on the information collection 
                request, to the extent practicable, the agency estimate 
                of the burden for each response, calculated in 
                accordance with the procedures established by the 
                Director under section 3504(c)(5);
                    ``(H) use information technology to reduce burden 
                and improve agency responsiveness to the public;
                    ``(I) use effective and efficient statistical 
                survey methodology appropriate to the need for which 
                the information is to be collected; and
                    ``(J) explain the need and ultimate use of the 
                information to be collected, and the importance of an 
                accurate and timely response; and
            ``(2) the agency has taken necessary steps to--
                    ``(A) except as provided in section 3507 (g) and 
                (k), give 60-day notice to, and consult with members of 
                the public and interested agencies, in order to--
                            ``(i) enhance the clarity of the proposed 
                        collection of information;
                            ``(ii) solicit comment on the agency 
                        estimate of the burden for each response for 
                        such collection of information; and
                            ``(iii) minimize the burden of such 
                        collection of information on those who are to 
                        respond, including the appropriate use of 
                        automated collection technics or other forms of 
                        information technology;
                    ``(B) evaluate the proposed collection of 
                information and any applicable instructions and 
                requirements, by developing and conducting--
                            ``(i) an assessment of need;
                            ``(ii) a functional description of the 
                        information to be collected;
                            ``(iii) a plan for the practical collection 
                        of information;
                            ``(iv) a specific, objectively supported 
                        estimation of burden, including each 
                        transaction involved; and
                            ``(v) a test of the collection of 
                        information through a pilot or prototype 
                        program, if appropriate;
                    ``(C) plan and allocate resources for the efficient 
                and effective management and use of the information to 
                be solicited; and
                    ``(D) reduce burdens on businesses (especially 
                small businesses and those engaged in international 
                competition), State and local governments, and 
                educational institutions, through consideration of such 
                alternatives as--
                            ``(i) establishing differing compliance or 
                        reporting requirements or timetables in 
                        recognition of the resources available to those 
                        who are to respond;
                            ``(ii) the clarification, consolidation, or 
                        simplification of compliance and reporting 
                        requirements; and
                            ``(iii) an exemption from coverage of the 
                        collection of information, or any part 
                        thereof.''.

 TITLE IV--ENHANCING GOVERNMENT RESPONSIBILITY AND ACCOUNTABILITY FOR 
                REDUCING THE BURDEN OF FEDERAL PAPERWORK

SEC. 401. REEMPHASIZING THE RESPONSIBILITY OF THE DIRECTOR TO CONTROL 
              THE BURDEN OF FEDERAL PAPERWORK.

    Section 3504(c) of title 44, United States Code, is amended--
            (1) in paragraph (3) by redesignating subparagraphs (B) and 
        (C) as subparagraphs (C) and (D), respectively, and inserting 
        after subparagraph (A) the following new subparagraph:
                    ``(B) display, to the extent practicable, an 
                estimate of the burden for each response;'';
            (2) by amending paragraphs (5) and (6) to read as follows:
            ``(5) establishing procedures under which an agency is to 
        estimate the burden under this chapter to comply with the 
        proposed collection of information;
            ``(6) coordinating with the Office of Federal Procurement 
        Policy to eliminate paperwork burdens associated with 
        procurement and acquisition;'';
            (3) by striking out the period at the end of paragraph (7) 
        and inserting in lieu thereof a semicolon; and
            (4) by adding at the end thereof the following new 
        paragraphs:
            ``(8) minimizing the Federal paperwork burden imposed 
        through Federal collection of information, with particular 
        emphasis on those individuals or entities most adversely 
        affected, including--
                    ``(A) businesses, especially small businesses and 
                those engaged in international competition;
                    ``(B) State and local governments; and
                    ``(C) educational institutions; and
            ``(9) initiating and conducting, with selected agencies and 
        non-Federal entities on a voluntary basis, pilot projects to 
        test or demonstrate the feasibility and benefit of changes or 
        innovations in Federal policies, rules, regulations, and agency 
        procedures to improve information management practices and 
        related management activities (including authority for the 
        Director to waive the application of designated agency 
        regulations or administrative directives after giving timely 
        notice to the public and Congress regarding the need for such 
        waiver).''.

SEC. 402. ENHANCING AGENCY RESPONSIBILITY TO OBTAIN PUBLIC REVIEW OF 
              PROPOSED PAPERWORK BURDENS.

    Section 3507(a) of title 44, United States Code, is amended--
            (1) in paragraph (2)(B) by inserting ``a summary of the 
        request,'' after ``title for the information collection 
        request,'';
            (2) by striking out ``and'' at the end of paragraph (2); 
        and
            (3) by redesignating paragraph (3) as paragraph (4) and 
        inserting after paragraph (2) the following:
            ``(3) the agency provides at least 30 days for public 
        comment to the agency and the Office of Management and Budget 
        after publication of the notice in the Federal Register, except 
        as provided under section 3507 (g) and (k), and the agency head 
        and the Director consider comments received regarding the 
        proposed collection of information; and''.

SEC. 403. EXPEDITING REVIEW AT THE OFFICE OF MANAGEMENT AND BUDGET.

    Section 3507(b) of title 44, United States Code, is amended--
            (1) by striking out the first sentence and inserting in 
        lieu thereof ``The Director shall within 30 days after 
        publication of the notice under subsection (a)(3) that is 
        applicable to a proposed information collection request not 
        contained in a proposed rule, notify the agency involved of the 
        decision to approve or disapprove the proposed information 
        collection request and shall make such decisions publicly 
        available. Any decision to disapprove an information collection 
        request shall include an explanation of the reasons for such 
        decision.'';
            (2) by striking out ``sixty'' each place it appears and 
        inserting ``30'' in each such place;
            (3) by striking out ``thirty'' and inserting in lieu 
        thereof ``30''; and
            (4) by striking out ``one'' and inserting in lieu thereof 
        ``1''.

SEC. 404. IMPROVING PUBLIC AND AGENCY SCRUTINY OF PAPERWORK BURDENS 
              PROPOSED FOR RENEWAL.

    (a) Approval of Information Collection Request.--Section 3507(d) of 
title 44, United States Code, is amended--
            (1) by inserting ``(1)'' after ``(d)''; and
            (2) by adding at the end thereof the following:
    ``(2)(A) If the head of the agency, or the senior official 
designated under section 3506(b)(1), decides to seek extension of the 
Director's approval granted for a currently approved information 
collection request, the agency shall, through the notice prescribed in 
subsection (a)(2)(B) and such other practicable steps as may be 
reasonable, seek comment from the agencies, and the public on the 
continued need for, and burden imposed by, the collection of 
information.
    ``(B) The agency, after having made a reasonable effort to seek 
comment under subparagraph (A), but no later than 60 days before the 
expiration date of the control number assigned by the Director for the 
currently approved information collection request, shall--
            ``(i) evaluate the public comments received;
            ``(ii) conduct the review established under section 
        3506(e); and
            ``(iii) provide to the Director the certification required 
        by section 3506(f), including the text of the certification and 
        any additional relevant information regarding how the 
        information collection request comports with the principles and 
        requirements of this chapter.
    ``(C) Upon receipt of such certification, and prior to the 
expiration of the control number for that information collection 
request, the Director shall--
            ``(i) ensure that the agency has taken the actions 
        specified under section 3506(f)(2);
            ``(ii) evaluate the public comments received by the agency 
        or by the Director;
            ``(iii) determine whether the agency certification complies 
        with the standards under section 3506(f)(1); and
            ``(iv) approve or disapprove the information collection 
        request under this chapter.
    ``(3) If a certification is not provided to the Director prior to 
the beginning of the 60-day period before the expiration of the control 
number as provided under paragraph (2)(B), the agency shall submit the 
information collection request for review and approval or disapproval 
under this chapter.
    ``(4) An agency may not make a substantive or material modification 
to an information collection request after it has been approved by the 
Director, unless the modification has been submitted to the Director 
for review and approval or disapproval under this chapter.''.
    (b) Approval of Information Collection Requirements.--Section 3507 
of title 44, United States Code, is further amended by adding at the 
end thereof the following new subsections:
    ``(i)(1) As soon as practicable, but no later than 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 requirement and upon request, 
information necessary to make the determination required under this 
chapter.
    ``(2) Within 60 days after the notice of proposed rulemaking is 
published in the Federal Register, the Director may file public 
comments under the standards set forth in section 3508 on the 
collection of information requirement contained in the proposed rule.
    ``(3) When a final rule is published in the Federal Register, the 
agency shall explain how any collection of information requirement 
contained in the final rule responds to the comments, if any, filed by 
the Director or the public, or explain the reasons such comments were 
rejected.
    ``(4) The Director has no authority to disapprove any collection of 
information requirement specifically contained in an agency rule, if 
the Director has received notice and failed to comment on the rule 
within 60 days after the notice of proposed rulemaking.
    ``(5) No provision in this section shall be construed to prevent 
the Director, at the discretion of such officer, from--
            ``(A) disapproving any information collection request which 
        was not specifically required by an agency rule;
            ``(B) disapproving any collection of information 
        requirement contained in an agency rule, if the agency failed 
        to comply with the requirements of paragraph (1) of this 
        subsection;
            ``(C) disapproving any collection of information 
        requirement contained in a final agency rule, if the Director 
        finds within 60 days after the publication of the final rule 
        that such a collection of information requirement cannot be 
        approved under the standards set forth in section 3508, after 
        reviewing the agency's response to the comments of the Director 
        filed under paragraph (2) of this subsection; or
            ``(D) disapproving any collection of information 
        requirement, if the Director determines that the agency has 
        substantially modified, in the final rule, the collection of 
        information requirement contained in the proposed rule and the 
        agency has not given the Director the information required 
        under paragraph (1) with respect to the modified collection of 
        information requirement, at least 60 days before the issuance 
        of the final rule.
    ``(6) The Director shall make publicly available any decision to 
disapprove a collection of information requirement contained in an 
agency rule, together with the reasons for such decision.
    ``(7) The authority of the Director under this subsection is 
subject to subsection (c).
    ``(8) This subsection shall apply only when an agency publishes a 
notice of proposed rulemaking and requests public comments.
    ``(9) The decision of the Director to approve or not to act upon a 
collection of information requirement contained in an agency rule shall 
not be subject to judicial review.
    ``(j)(1) If the head of the agency, or the senior official 
designated under section 3506(b)(1), decides to seek extension of the 
Director's approval granted for a currently approved collection of 
information requirement, the agency shall, through the notice 
prescribed in subsection (a)(2)(B) and such other practicable steps as 
may be reasonable, seek comment from the agencies, and the public on 
the continued need for, and burden imposed by, the collection of 
information requirement.
    ``(2) The agency, after having made a reasonable effort to seek 
comment under paragraph (1), 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 requirement, shall--
            ``(A) evaluate the public comments received;
            ``(B) conduct the review established under section 3506(e); 
        and
            ``(C) provide to the Director the certification required by 
        section 3506(f), including the text of the certification and 
        any additional relevant information regarding how the 
        collection of information requirement comports with the 
        principles and requirements of this chapter.
    ``(3) Upon receipt of such certification, and prior to the 
expiration date of the control number for that collection of 
information requirement, the Director shall--
            ``(A) ensure that the agency has taken the actions 
        specified in section 3506(f)(2);
            ``(B) evaluate the public comments received by the agency 
        or by the Director;
            ``(C) determine whether the agency certification complies 
        with the standards under section 3506(f)(1); and
            ``(D) approve or disapprove the collection of information 
        requirement under this chapter.
    ``(4) If under the provisions of paragraph (3), the Director 
disapproves a collection of information requirement, or recommends or 
instructs the agency to make a substantive or material change to a 
collection of information requirement, 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 requirement and thereafter to submit 
        the collection of information requirement for approval or 
        disapproval under this chapter.
    ``(5) Nothing in this subsection affects the review process for a 
collection of information requirement contained in a proposed rule, 
including a proposed change to an existing collection of information 
requirement, under subsection (i) with respect to such collection of 
information requirement.
    ``(6) The Director may not approve a collection of information 
requirement for a period in excess of 3 years.''.

SEC. 405. PROTECTION FOR WHISTLEBLOWERS OF UNAUTHORIZED PAPERWORK 
              BURDEN.

    Section 3507(h) of title 44, United States Code, is amended in the 
second sentence by inserting before the period ``, and any 
communication relating to a collection of information, the disclosure 
of which could lead to retaliation or discrimination against the 
communicator''.

SEC. 406. ENHANCING PUBLIC PARTICIPATION.

    Section 3517 of title 44, United States Code, is amended--
            (1) by inserting ``(a)'' before ``In development''; and
            (2) by adding at the end thereof:
    ``(b)(1) Under procedures established by the Director, a person may 
request the Director to review any collection of information conducted 
by or for an agency to determine, if--
            ``(A) the collection of information is subject to the 
        requirements of this chapter;
            ``(B) the collection of information has been approved in 
        conformity with this chapter; and
            ``(C) the person that is to respond to the collection of 
        information is entitled to the public protections afforded by 
        this chapter.
    ``(2) Any review requested under paragraph (1), unless the request 
is determined frivolous or does not on its face state a valid basis for 
such review, shall--
            ``(A) be completed by the Director 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;
            ``(B)(i) be coordinated with the agency responsible for the 
        collection of information to which the request relates; and
            ``(ii) be coordinated with the Administrator for Federal 
        Procurement Policy, if the request relates to a collection of 
        information applicable to an actual or prospective Federal 
        contractor or subcontractor at any tier; and
            ``(C) result in a written determination by the Director, 
        that shall be--
                    ``(i) furnished to the person making the request; 
                and
                    ``(ii) made available to the public upon request 
                (and listed and summarized in the annual report 
                required under section 3514), unless confidentiality is 
                requested by the person making the request.''.

SEC. 407. EXPEDITING REVIEW OF AN AGENCY INFORMATION COLLECTION REQUEST 
              WITH A REDUCED BURDEN.

    Section 3507 of title 44, United States Code (as amended by section 
404(b) of this Act) is further amended by adding at the end thereof the 
following new subsection:
    ``(k) Upon request by the head of an agency, the Director shall 
approve a proposed change to an existing information collection request 
(unless such proposed change is subject to subsection (i)) within 30 
days after the Director receives the proposed change. The information 
collection request shall thereafter remain in effect at least for the 
remainder of the period for which it was previously approved by the 
Director, if--
            ``(1) the information collection request has a current 
        control number; and
            ``(2) the Director determines that the revision--
                    ``(A) reduces the burden resulting from the 
                information collection request; and
                    ``(B) does not substantially change the information 
                collection request.''.

TITLE V--ENHANCING AGENCY RESPONSIBILITY FOR SHARING AND DISSEMINATING 
                           PUBLIC INFORMATION

SEC. 501. PRESCRIBING GOVERNMENTWIDE STANDARDS FOR SHARING AND 
              DISSEMINATING PUBLIC INFORMATION.

    Section 3504(h) of title 44, United States Code, is amended to read 
as follows:
    ``(h) The functions of the Director related to agency dissemination 
and sharing of public information shall include--
            ``(1) developing policies and practices for agency 
        dissemination and sharing of public information consistent with 
        the agency responsibilities under section 3506(g); and
            ``(2) developing policy guidelines that instruct Federal 
        agencies on ways to fulfill agency responsibilities to 
        disseminate and share information that, to the extent 
        appropriate and practicable--
                    ``(A) make information dissemination products 
                available on timely, equitable and cost effective 
                terms;
                    ``(B) encourage a diversity of public and private 
                information dissemination products;
                    ``(C) avoid establishing, or permitting others to 
                establish, exclusive, restricted, or other distribution 
                arrangements that interfere with the availability of 
                information dissemination products on a timely and 
                equitable basis; and
                    ``(D) avoid establishing restrictions or 
                regulations, including the charging of fees or 
                royalties, on the reuse, resale, or redissemination of 
                Federal information dissemination products by the 
                public; and
                    ``(E) set user charges for information 
                dissemination products at a level sufficient to recover 
                the cost of dissemination, except--
                            ``(i) where otherwise required by statute;
                            ``(ii) where the information is collected, 
                        processed, and disseminated for the benefit of 
                        a specific identifiable group beyond the 
                        benefit to the general public; or
                            ``(iii) where user charges are established 
                        at less than cost of dissemination because of a 
                        determination that higher charges would 
                        interfere with the proper performance of the 
                        agency's functions.''.

SEC. 502. AGENCY RESPONSIBILITIES FOR SHARING AND DISSEMINATING PUBLIC 
              INFORMATION.

    Section 3506 of title 44, United States Code (as amended by 
sections 301 and 302 of this Act) is further amended by adding at the 
end thereof the following new subsection:
    ``(g) The head of each agency shall, to the extent appropriate and 
practicable, and in conformance with the policy guidelines established 
under section 3504(h), establish and maintain a management system for 
the dissemination and sharing of information that--
            ``(1) ensures that the public has timely, equitable and 
        cost-effective access to the agency's information dissemination 
        products;
            ``(2) disseminates and shares information in a manner that 
        achieves the best balance between maximizing the usefulness of 
        the information and minimizing the cost to the Government and 
        the public;
            ``(3) takes advantage of all appropriate channels, Federal 
        and non-Federal, including State and local governments, 
        libraries and private sector entities, in discharging agency 
        responsibilities for the dissemination and sharing of 
        information;
            ``(4) considers whether an information dissemination 
        product available from other Federal or non-Federal sources is 
        equivalent to an agency information dissemination product and 
        reasonably achieves the objectives of the agency;
            ``(5) establishes and maintains inventories of all agency 
        information dissemination products in conformance with the 
        requirements of section 3511;
            ``(6) establishes and maintains communications with members 
        of the public and with State and local governments so that the 
        agency shares information and otherwise creates information 
        dissemination products that meet their respective needs; and
            ``(7) provides adequate notice when initiating, 
        substantially modifying, or terminating significant information 
        dissemination products.''.

SEC. 503. AGENCY INFORMATION INVENTORY/LOCATOR SYSTEM.

    (a) In General.--Section 3511 of title 44, United States Code, is 
amended to read as follows:
``Sec. 3511. Inventory systems of information dissemination products
    ``(a) Each agency having significant information dissemination 
products shall establish and maintain a comprehensive inventory of such 
products, which shall include, at a minimum, the title of each such 
product, an abstract of the contents of each product, the media in 
which each product is available, and the cost, if any, of each product, 
subject to any requirements promulgated pursuant to subsection (c).
    ``(b) The inventory created pursuant to subsection (a) shall be 
made available for public access by electronic means, and in such other 
media as are appropriate and practicable, at no charge to the public.
    ``(c) The Director, in consultation with the Secretary of Commerce, 
the Archivist of the United States, the Public Printer, and the 
Librarian of Congress, may establish a mechanism for developing 
technical standards and other minimum requirements for the agency 
inventory systems created under subsection (a).''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 35 of title 44, United States Code, is amended by amending the 
item relating to section 3511 to read as follows:

``3511. Inventory systems of information dissemination products.''.

 TITLE VI--ADDITIONAL GOVERNMENT INFORMATION MANAGEMENT RESPONSIBILITY

SEC. 601. STRENGTHENING THE STATISTICAL POLICY AND COORDINATION 
              FUNCTIONS OF THE DIRECTOR.

    Section 3504(d) of title 44, United States Code, is amended to read 
as follows:
    ``(d)(1) The statistical policy and coordination functions of the 
Director shall include--
            ``(A) coordinating and providing leadership for development 
        of the Federal statistical system;
            ``(B) developing and periodically reviewing and, as 
        necessary, revising long-range plans for the improved 
        coordination and performance of the statistical activities and 
        programs of the Federal Government;
            ``(C) ensuring the integrity, objectivity, impartiality and 
        confidentiality of the Federal statistical system;
            ``(D) reviewing budget proposals of agencies to ensure that 
        the proposals are consistent with such long-range plans and 
        developing a summary and analysis of the budget submitted by 
        the President to the Congress for each fiscal year of the 
        allocation for all statistical activities;
            ``(E) coordinating, through the review of budget proposals 
        and as otherwise provided under this chapter, the functions of 
        the Federal Government with respect to gathering, interpreting 
        and sharing statistics and statistical information;
            ``(F) developing and implementing Governmentwide policies, 
        principles, standards and guidelines concerning statistical 
        collection procedures and methods, statistical data 
        classification, statistical information presentation and 
        sharing, and such statistical data sources as may be required 
        for the administration of Federal programs;
            ``(G) evaluating statistical program performance and agency 
        compliance with Governmentwide policies, principles, standards 
        and guidelines;
            ``(H) promoting the timely release by agencies of 
        statistical data to the public;
            ``(I) coordinating the participation of the United States 
        in international statistical activities;
            ``(J) preparing an annual report to submit to the Congress 
        on the statistical policy and coordination function;
            ``(K) integrating the functions described under this 
        paragraph with the other information resources management 
        functions specified under this chapter; and
            ``(L) appointing a chief statistician who is a trained and 
        experienced professional to carry out the functions described 
        under this paragraph.
    ``(2) The Director shall establish an interagency working group on 
statistical policy, consisting of the heads of the agencies with major 
statistical programs, headed by the chief statistician to coordinate 
agency activities in carrying out the functions under paragraph (1).
    ``(3) The Director shall provide opportunities for long-term 
training in the statistical policy functions of the chief statistician 
to employees of the Federal Government. Each trainee shall be selected 
at the discretion of the Director based on agency requests and shall 
serve for at least 6 months and no more than 1 year. All costs of the 
training are to be paid by the agency requesting training.''.

SEC. 602. USE OF ELECTRONIC INFORMATION COLLECTION AND DISSEMINATION 
              TECHNIQUES TO REDUCE BURDEN.

    Section 3504(g)(1) of title 44, United States Code, is amended--
            (1) by inserting ``development and'' after ``overseeing 
        the''; and
            (2) by inserting ``(including standards that improve the 
        ability of agencies to use technology to reduce burden)'' after 
        ``establishment of standards''.

SEC. 603. AGENCY IMPLEMENTATION.

    Section 3514(a) of title 44, United States Code, is amended--
            (1) in paragraph (9)(C) by striking out ``and'' at the end 
        thereof;
            (2) in paragraph (10)(C) by striking out the period and 
        inserting in lieu thereof a semicolon; and
            (3) by adding at the end thereof the following new 
        paragraphs:
            ``(11) a listing of any increase in the burden imposed on 
        the public during the year covered by the report resulting from 
        a collection of information conducted or sponsored by or for an 
        agency, which was imposed by such agency--
                    ``(A) as specifically mandated by the provision of 
                a statute; or
                    ``(B) as necessary to implement a statutory 
                requirement, which requirement shall be identified with 
                particularity; and
            ``(12) a description of each such agency's efforts in 
        implementing, and plans to implement, the applicable policies, 
        standards and guidelines with respect to the functions under 
        this chapter; and
            ``(13) a strategic information resources management plan 
        for the Federal Government, developed in consultation with the 
        Administrator of General Services, the Secretary of Commerce, 
        and the Archivist of the United States, that includes an 
        analysis of cross-cutting issues of Governmentwide 
        importance.''.

SEC. 604. AUTOMATIC DATA PROCESSING EQUIPMENT PLAN.

    Section 3504(g) of title 44, United States Code, is amended--
            (1) by redesignating paragraphs (3), (4), and (5) as 
        paragraphs (4), (5), and (6), respectively; and
            (2) by inserting after paragraph (2) the following new 
        paragraph:
            ``(3) developing and annually revising, in consultation 
        with the Administrator of General Services, a 5-year plan for 
        meeting the automatic data processing equipment (including 
        telecommunications) and other information technology needs of 
        the Federal Government in accordance with the requirements of 
        sections 110 and 111 of the Federal Property and Administrative 
        Services Act of 1949 (40 U.S.C. 757 and 759) and the purposes 
        of this chapter;''.

SEC. 605. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Definitions.--Section 3502(10) of title 44, United States Code, 
is amended by striking out ``the Federal Housing Finance Board'' and 
inserting in lieu thereof ``Federal Housing Finance Board''.
    (b) Review Periods.--Section 3507(g)(1) of title 44, United States 
Code, is amended to read as follows: ``(1) is needed prior to the 
expiration of the time periods for public notice and review by the 
Director pursuant to the requirements of this chapter,''.
    (c) Director Review.--Section 3513(a) of title 44, United States 
Code, is amended in the first sentence by inserting ``resources'' after 
``information''.
    (d) Responsiveness.--Section 3514(a) of title 44, United States 
Code, is amended--
            (1) in paragraph (9)(A) by inserting ``and'' at the end 
        thereof;
            (2) in paragraph (9)(B) by striking out the semicolon and 
        inserting a period; and
            (3) by striking out paragraph (9)(C).

                       TITLE VII--EFFECTIVE DATES

SEC. 701. EFFECTIVE DATES.

    (a) In General.--Except as provided in subsection (b), the 
provisions of this Act shall become effective 120 days after the date 
of the enactment of this Act.
    (b) In Particular.--Section 101 and this section shall become 
effective upon the date of the enactment of this Act.

                                 <all>

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